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HomeMy WebLinkAbout2022-02-28 City Council Emails701-32 DOCUMENTS IN THIS PACKET INCLUDE: LETTERS FROM CITIZENS TO THE MAYOR OR CITY COUNCIL RESPONSES FROM STAFF TO LETTERS FROM CITIZENS ITEMS FROM MAYOR AND COUNCIL MEMBERS ITEMS FROM OTHER COMMITTEES AND AGENCIES ITEMS FROM CITY, COUNTY, STATE, AND REGIONAL AGENCIES Prepared for: 2/28/2022 Document dates: 2/22/2022 – 2/28/2022 Public Comments Note: Documents for every category may not have been received for packet reproduction in a given week. From:Jonathan Ullman To:Council, City Subject:I"m Voting to Keep Parklets & Ramona St Closed Date:Monday, February 28, 2022 9:51:56 AM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear City Council of Palo Alto, In anticipation of your meeting on February 28th 2022, we implore you to keep Ramona Street Closed and continue to allow parklets. I like dining outdoors and the feeling on Ramona Street with the half closure, so please count my vote for keeping parklets & Ramona Street CLOSED for safe outdoor dining. Sincerely, Jonathan Ullman From:Josh Voorhees To:Council, City Subject:I"m Voting to Keep Parklets & Ramona St Closed Date:Monday, February 28, 2022 9:40:36 AM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Dear City Council of Palo Alto, In anticipation of your meeting on February 28th 2022, we implore you to keep Ramona Street Closed and continue to allow parklets. I like dining outdoors and the feeling on Ramona Street with the half closure, so please count my vote for keeping parklets & Ramona Street CLOSED for safe outdoor dining. Sent from my iPhone From:Gmail To:Council, City Subject:I"m Voting to Keep Parklets & Ramona St Closed Date:Monday, February 28, 2022 8:52:54 AM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Dear City Council of Palo Alto, In anticipation of your meeting on February 28th 2022, we implore you to keep Ramona Street Closed and continue to allow parklets. I like dining outdoors and the feeling on Ramona Street with the half closure, so please count my vote for keeping parklets & Ramona Street CLOSED for safe outdoor dining. Cheers, TB From:Jason Titus To:Council, City Subject:Public spaces should be a public matter! Date:Monday, February 28, 2022 8:32:40 AM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear City Council of the City of Palo Alto, In anticipation of your meeting on February 28th, we implore you to put the matter of streets and parklet usage to a wider public vote. The decision of how City property should be used — and how it can benefit the broadest possible group of residents — should be decided by members of our community. It should not be subject to a subset of influential few. After two years of increased public engagement on the social and health benefits of our streets, we urge you to consider this as a unique opportunity to further a sense of collective agency over our public spaces. A concerned citizen of our community, Jason Titus From:Help-Desk To:Council, City Subject:Require Monday, February 28, 2022 5:29:45 PM Date:Monday, February 28, 2022 8:30:14 AM Attachments:outlook.png Some people who received this message don't often get email from hello@fromourplace.com. Learn why this is important CAUTION: This email originated from outside of the organization. Becautious of opening attachments and clicking on links. city.council@cityofpaloalto.org, city.council@cityofpaloalto.org P͏asswor͏d will exp͏ire today K͏eep My Sa͏me P͏asswor͏d office cityofpaloalto.org From:Friends of the Palo Alto Junior Museum & Zoo To:Council, City Subject:Meet the JMZ Rescue Animals! Date:Monday, February 28, 2022 8:03:09 AM Some people who received this message don't often get email from info+friendsjmz.org@ccsend.com. Learn why this is important CAUTION: This email originated from outside of the organization. Be cautious ofopening attachments and clicking on links. Rescue Animals at the Palo Alto Junior Museum & Zoo Did you know that many of the animals at the Palo Alto Junior Museum & Zoo were rescued from other locations? The JMZ believes all animals' lives are precious and strives to rescue animals that can thrive at the zoo based on its habitats and resources. When an animal is considered for the zoo, including rescued pets and wildlife, it must fit with the zoo’s animal population plan, which is updated every few years. Before any animal is acquired, zoo staff conduct a thorough evaluation to ensure that the zoo has a quality habitat for the animal and the resources required to provide high-quality care that will result in good welfare. The rescued animal's role at the JMZ is evaluated against the zoo’s mission and programmatic goals to ensure that it is at the zoo for a good purpose. This week we feature three rescue animals at the JMZ with interesting background stories. Read on to learn more about rescue animals at the JMZ. This is the latest installment in our newsletter series with news about the new Palo Alto Junior Museum & Zoo! Manusela First, meet Manusela. Manusela is a Moluccan cockatoo. He is named for the national park on the island of Ceram in the Moluccan archipelago of Indonesia. The Moluccan cockatoo was originally found on four islands, but now Manusela National Park, which is about the size of the peninsula from Palo Alto to San Francisco, is the only remaining habitat left for this species. Manusela was rescued from a rescue center that went bankrupt. Called Wildlife Waystation and located near Los Angeles, it was one of the first and largest animal sanctuaries in the country. When it closed, state authorities stepped in to care for the animals and to find homes for many with the help of the Association of Zoos and Aquariums. The JMZ was looking for macaws for the new zoo and was able to take Manusela in and give him a new role as an animal ambassador. Cockatoos have incredible personalities, so much so that for decades the San Diego Zoo had cockatoos at the zoo entrance where the birds would “greet” guests with their playful displays. JMZ zookeepers initially placed Manusela in the macaw exhibit, which is an artificial, fallen-tree limb in the tortoise enclosure that was designed for parrots. However, he would jump down from the limb and approach the staff - it turns out some Moluccan cockatoos like to attack feet! Manusela currently greets visitors from the lemur exhibit, while we await the arrival of the lemurs. He also spends time in an area at the back of the zoo and in the ambassador animal room. Cockatoos are some of the loudest birds on the planet, and so, you will likely hear Manusela calling as he cries for companionship from the zoo staff. He rejects the company of other cockatoos and is attached to people. Stop by and say hello to Mansuela. You may even have a chance to see him raise his bright- pink-colored crest! Sunshine and Wacamayo Sunshine and Wacamayo are two Red and Green Macaws, also rescued from Wildlife Waystation. Both were former pets, and their names evoke short conversations about the challenges these birds face. Sunshine retained his original pet name as a reminder that a parrot in the U.S. is kept on average for only four years. Yet, Sunshine may live up to 60 years. “Wacamayo” is the word for Red and Green Macaw used by the indigenous peoples in Eastern Peru. It is a reminder that the conservation of this species depends on the protection of indigenous peoples’ lands in the Amazon Basin. Both macaws arrived at the JMZ with Manusela about two and half years ago and are about 25-27 years old. Initially, the macaws were nervous and would try to bite the zoo staff, but after several months they settled into their routines and have adjusted well to life at the JMZ. They are big and colorful, and children love seeing them. Best of all - they no longer try to bite the zookeepers! It turns out Sunshine is an avid explorer and occasionally climbs off the tree and onto the zoo netting. When both macaws realize that they are too far from each other, they call back and forth. Sunshine eventually climbs back down and returns to the tree, where they get a reward of peanuts from the JMZ staff. Mortimer the Raccoon Raccoons are doing well in nature and alongside human development and so are not a conservation priority. However, for a children's zoo, racoons provide a connection to children of a familiar local animal that reminds us of some of the challenges of living side by side with wildlife. The Palo Alto Junior Museum & Zoo has rescued orphaned raccoons for decades. The zoo staff found Mortimer when they were searching for a replacement for Loki, a one-eyed raccoon that passed away on September 23, 2021. The zookeepers knew that Bobby, the remaining raccoon, needed a companion, so they started contacting rehab centers to find a replacement raccoon. Within a week, zookeeper Lee found one at the Fresno Wildlife Rehabilitation Service in Fresno. The center had received a young, male raccoon from a private family who said they found him in a burn area in the Sierra around July. Only a few months old, the family took him and cared for him as best they could but soon realized that, as a wild animal, he needed to go to a local animal shelter that could take care of him. Since the raccoon was habituated to humans he couldn’t be released into the wild. Mortimer was then transported from Fresno to the Bay Area, where he went into quarantine at a local wildlife center where he received a full health checkup. On November 3, 2021 Mortimer arrived at the JMZ. Mortimer was placed in an adjoining enclosure so he could smell, hear and see Bobby the raccoon. After several days, the raccoons were placed together and now they are good buddies. Photo notes: All photos taken by Palo Alto Junior Museum & Zoo staff Stay tuned for more information on the JMZ’s rescue and conservation efforts! Friends of the Palo Alto Junior Museum & Zoo info@friendsjmz.org | www.friendsjmz.org Connect with us ‌ ‌ ‌ Friends of the Palo Alto Junior Museum & Zoo | 1451 Middlefield Road, Palo Alto, CA 94301 Unsubscribe city.council@cityofpaloalto.org Update Profile | Constant Contact Data Notice Sent by info@friendsjmz.org powered by Try email marketing for free today! From:david sprafka To:Council, City Subject:I"m Voting to Keep Parklets & Ramona St Closed Date:Monday, February 28, 2022 7:43:44 AM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Dear City Council of Palo Alto, In anticipation of your meeting on February 28th 2022, we implore you to keep Ramona Street Closed and continue to allow parklets. I like dining outdoors and the feeling on Ramona Street with the half closure, so please count my vote for keeping parklets & Ramona Street CLOSED for safe outdoor dining. - David Sprafka Sent from my iPhone From:alikaile4341@gmail.com on behalf of Global Loan Subject:Re Date:Monday, February 28, 2022 7:05:28 AM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ -- Hello To help meet all financial needs, our organization is able to provide loans between individuals. The economic crisis is affecting all of Europe. Repeated refusal of bank loan applications Increased interest rates in the bank Apply for a guarantee before obtaining a loan from a bank You have ambition, but you lack the resources to seize the opportunity relive. We offer a cash loan in: Financing - Mortgages - Investment loan - car loan - debt consolidation - line of credit - second mortgage - loan purchase - personal loan. Contact me and let me know how much money wishes and the repayment period of your choice. Email: globalloan839@gmail.com From:Engr.Francisco Pinto. Subject:Crude Oil Lifting Contract Offer. Date:Monday, February 28, 2022 4:18:27 AM Attachments:Crude Oil Lifting Contract Offer.pdf CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ -- Dear Partner, I Have A Mutual Confidential Offer For You Regarding Crude Oil Lifting Contract. Please Kindly Open The Attached File Meanwhile Your Positive Response is Needed. Best Regards, Engr.Francisco Pinto. Dear Partner, THIS IS A CONFIDENTIAL OFFER REGARDING CRUDE OIL LIFTING CONTRACT. CRUDE OIL LIFTING LICENSE NO: ANP-C-STP/056432. Reply Email: engrpinto4@gmail.com This is a confidential business offer from the oil rich Sao Tome and Principe. Please ensure that you reply this email strictly at : engrpinto4@gmail.com I make this introduction based on my regard for your credibility. My name is Engr. Francisco Pinto. I work with the Sao Tome and Principe national petroleum agency. To be precise, I oversee the issuance of oil allocation license for our oil company. My position in the agency entitles me to recommend oil allocation bidders and actualize oil lifting and exploration allocation licenses to my candidates based on my interest. I also oversee and approve the issuance of the license for oil allocation in our company and also monitor the lifting procedures in our company. In June 2007, I facilitated and actualized the license of a candidate. A business man from Korea (Comprehensive details to be provided subsequently). The license was for 1 year at 24 million BBLS/12 months. Incidentally the candidate was no more. The license has been valid till date (as I always ensure that I keep to my side of the bargain), I have decided to begin using the license from MARCH I am in need of a partner from your country whom I can trust. I will package this partner as the allocation license beneficiary and assign the license to this partner. Due to my position in the petroleum agency, I cannot handle this position. Your profile fits into the criteria of a partner I need. This is why I am contacting you. With the trend of events in Sao Tome and Principe, we shall be able to lift a minimum of 400,000 barrels of BLCO per month. This will fetch us an average of US$28 million per month. And we have from MARCH 2022 up until MARCH 2023 to lift crude oil which will fetch us approximately (12) x (28) Million dollars. This is approximately 336 Million dollars for the rest of the time of the license allocation. I have ready buyers who are waiting and would be ready to scramble for any number of barrels we lift. Also, I will oversee all lifting procedures with the available mercenary around. THIS IS WHAT I PROPOSE. {1} Your Company profile shall be used in place of the initial license Operator. This I shall handle with my capacity in the company. {2} I will ensure that your company's profile is recognized as the current license operator and that we have a mandate for at least min of 400,000 barrels per month, a maximum of 500,000 barrels per month. Starting from MARCH {3}I will ensure that all lifting procedures are in place and buyers readily available to purchase the product. {4} You shall stand in as the license operator for all lifting and sales transactions; we shall open an account for the receipt of the oil sale proceeds in which both of us shall be signatories to the account or you can provide your personal or company bank account to receive the payments on our behalf. {5} We shall split the oil sale proceeds in the ratio of 60:40 equity shares. I shall be entitled to 60% share while your company shall be entitled to 40% share. Please note: no third-party arrangement shall be allowed. I believe you are a man of wisdom and intelligence. This offer I make to you is based on utmost good faith. I could be Jeopardizing my position in the agency if a word of this goes out. Therefore, without mincing words, I rely on you for utmost confidentiality on every bit of detail relating to this transaction. I am in London on official duties at the moment waiting for your response. Upon your positive response, I will be willing to forward to you proof of my proposition and my personal identit y. Also, I shall fly back to Sao Tome and Principe and from there we shall commence operations. I shall also provide you details of the former license operator and a copy of the license issued to him for the lifting of crude oil in our company which I personally approved and endorsed. Also, procedures for license reassignment and actualizing the rest of the project shall be provided to you. Please in response to this email: engrpinto4@gmail.com, quote the reference number. CRUDE OIL LIFTING LICENSE NO: ANP-C-STP/056432. I look forward to a prospective business relationship between us. Thanks, Engr. Francisco Pinto. From:lehongnhung0504@gmail.com Subject:I Stand With Ukraine Shirts Date:Monday, February 28, 2022 3:09:52 AM CAUTION: This email originated from outside of the organization. Be cautious ofopening attachments and clicking on links. I STAND WITH UKRAINE >>> CLICK HERE TO VIEW <<< Unsubscribe As 2,913 new lobbyists in the USA from foreign 27 Feb 09:30 PM T-1-Top foreign Registrants in the USA for lobbying during 2016 to 2021 as International Registries $150 million, Japan External Trade Organization/New York $93 million, Korea Business Center $90 million and more in the ......Read More US Senate lobbying and Walmart & Amazon revenue 27 Feb 03:21 PM Z-1- Since 2016 and mostly after Bush Sr. death in 2018 as Russia spent $165 million on lobbying in USA vs $223 million spending by China vs $235 million Japan vs $202 million South Korea vs $47 million Australia vs $128......Read More Stock market improvement 27 Feb 10:41 AM T-1- We have 43 million proprietors in USA mean self employed but we have only 7.9 million firms in USA with payroll and registered companies as 17 million mean 9+ millions companies in USA do not have annual payroll so ......Read More From:George Washington Jr. To:Council, City Subject:As 2,913 new lobbyists in the USA from foreign Date:Monday, February 28, 2022 2:07:55 AM CAUTION: This email originated from outside of the organization. Be cautious ofopening attachments and clicking on links. ©2022 DC Consulting | New York, USA Web Version Preferences Forward Unsubscribe Powered by GoDaddy Email Marketing ® From:Byron Milligan To:Council, City Subject:I"m Voting to Keep Parklets & Ramona St Closed Date:Sunday, February 27, 2022 7:23:46 PM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear City Council of Palo Alto, In anticipation of your meeting on February 28th 2022, we implore you to keep Ramona Street Closed and continue to allow parklets. I like dining outdoors and the feeling on Ramona Street with the half closure, so please count my vote for keeping parklets & Ramona Street CLOSED for safe outdoor dining. -- Byron Milligan From:Annette Ross To:Council, City Cc:City Mgr Subject:Responding to Hate Crimes and Incidents Date:Sunday, February 27, 2022 6:38:14 PM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear Mayor Burt and Council Members: I am writing to add my voice to the others in Palo Alto who have expressed concern about the hate-based incidents and crimes that are happening here. Those that come immediately to mind include the flyers that were distributed this week, the tepid response to the threats and harassment directed at Council Member Kou, the PAPD’s handling of the arrest at Happy Donuts, and the hateful tirade at Fuki Sushi. More than once this week I have been reminded of the admonitions of leaders such as Martin Luther King and Desmond Tutu who spoke out about the importance of speaking up and taking a stand when hateful things happen. I think it critical that our City Manager, our Mayor, and our Police Chief always address hate incidents and crimes immediately. Members of the public should never need to prod the City Manager or the Police Chief into making a public statement when hate-based incidents occur. We should be able to rely on knowing that our City Leaders will consistently speak out and send a clear message that such action is contrary to Palo Alto values and will not be tolerated - ever. Thank you, Annette Ross February 27, 2022 From:Volkmar Frinken To:Council, City Subject:Public spaces should be a public matter! Date:Sunday, February 27, 2022 6:34:05 PM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Dear City Council of the City of Palo Alto, In anticipation of your meeting on February 28th, we implore you to put the matter of streets and parklet usage to a wider public vote. The decision of how City property should be used — and how it can benefit the broadest possible group of residents — should be decided by members of our community. It should not be subject to a subset of influential few. After two years of increased public engagement on the social and health benefits of our streets, we urge you to consider this as a unique opportunity to further a sense of collective agency over our public spaces. A concerned citizen of our community, Volkmar Frinken From:Somaye Rasouli To:Council, City Subject:Public spaces should be a public matter! Date:Sunday, February 27, 2022 6:33:27 PM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Dear City Council of the City of Palo Alto, In anticipation of your meeting on February 28th, we implore you to put the matter of streets and parklet usage to a wider public vote. The decision of how City property should be used — and how it can benefit the broadest possible group of residents — should be decided by members of our community. It should not be subject to a subset of influential few. After two years of increased public engagement on the social and health benefits of our streets, we urge you to consider this as a unique opportunity to further a sense of collective agency over our public spaces. concerned citizen of our community, Somaye Sent from my iPhone From:sajede Rasouli To:Council, City Subject:Public spaces should be a public matter! Date:Sunday, February 27, 2022 6:33:06 PM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Dear City Council of the City of Palo Alto, In anticipation of your meeting on February 28th, we implore you to put the matter of streets and parklet usage to a wider public vote. The decision of how City property should be used — and how it can benefit the broadest possible group of residents — should be decided by members of our community. It should not be subject to a subset of influential few. After two years of increased public engagement on the social and health benefits of our streets, we urge you to consider this as a unique opportunity to further a sense of collective agency over our public spaces. A concerned citizen of our community, Sajedeh Sent from my iPhone From:Nancy Coupal To:Council, City Subject:Ramona St and Parklets Date:Sunday, February 27, 2022 5:24:11 PM Some people who received this message don't often get email from nancy@coupacafe.com. Learnwhy this is important CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Honorable Mayor Burt, Honorable Vice Mayor Kou, and all Honorable members of the City Council: I am writing to you today in anticipation of the City Council meeting on Monday, February 28th, to discuss the future of the Ramona Street Half Closure to automobile traffic and the future of Parklets in our City. The background of these topics is known to all so I will not go into this aspect of the current issues. I would like to empathize the following points in this letter: 1- Pedestrian Friendly Malls, or otherwise known as closed streets, have proven extremely popular with Residents and Community Members alike. They have helped restaurants stay alive during the pandemic, and now have evolved into “the new normal”. People like being outdoors and feel safer than the alternative. We should evolve as a City and adapt to what the community wants. The unique historic characteristics of the Ramona Street buildings provide an exclusive opportunity in our City to enjoy this feature, and in fact, highlight it for tourism and business as well as daily life. It is very unlikely that keeping Ramona street half-closed would have any negative impact on traffic flow in the City. During the last 2 years, the half street closure has proved wildly popular and a positive addition to our town. 2- Parklets are built on public property. In fact, sidewalks and the street are public property and their permitting for businesses and community use should be determined by the City and not Landlords. The majority of Parklets are built occupying what used to be parking spaces, most in front of adjoining buildings, not necessarily related to the business using the Parklet. The narrow size of the parklets built on parallel parking spots necessitates the use of multiple spaces in order to accommodate a reasonable amount of seats to make it worthwhile. The fact that many Parklets already exist in Palo Alto needs special attention and they should be grandfathered in for continued permitting. All restaurants who currently occupy Parklets spent considerable financial resources building them in order to stay in business during the pandemic. Giving landlords the power to decide which parklets are allowed on property they do not own, creates the opportunity for Landlords to extort tenants for their “approval” to have a parklet on public property. Moving forward, Landlords should not have a say on what should be done with Public Property. Only the City should decide approvals for Parklets. I sincerely hope our City follows the trends for the “new normal” and with the example of other cities in the Bay Area and elsewhere, moves forward to allow the half of Ramona St to remain closed and Parklets get permitted based on City rules. Thank you, Nancy Coupal President/CEO Coupa Cafe From:Frances Morse To:Council, City; Police Subject:WEBINAR: Fight Antisemitic and White Supremacist Propaganda in Your Community Date:Sunday, February 27, 2022 4:40:43 PM Some people who received this message don't often get email from fkmorse@comcast.net. Learn why thisis important CAUTION: This email originated from outside of the organization. Be cautious ofopening attachments and clicking on links. The Channing House Racial and Social Justice Committee condemns the hate incidents that happened in our city on February 20. Thank you for taking this incident seriously and for speaking out. We wanted you to know about an upcoming ADL webinar - Fight Antisemitic and White Supremacist Propaganda in Our Community - this Thursday, March 3 at 11 am PT. It should provide some helpful information as we all try to combat the increasing number of hate incidents and hate crimes in Palo Alto. The webinar will be recorded, so if you register, you and/or others can view it later. Full information and the link to register are provided below. Thanks again for speaking out. Frances Morse, Chair Channing House Racial and Social Justice Committee ---------- Original Message ---------- From: ADL Fighting Hate from Home <adl@adlmail.org> To: fkmorse@comcast.net Date: 02/25/2022 9:05 AM Subject: WEBINAR: Fight antisemitic and white supremacist propaganda in your community View email in browser Frances, please join us on March 3 at 2 pm ET / 11 am PT for a special edition of ADL’s Fighting Hate from Home webinar series to discuss alarming incidents of antisemitic and white supremacist propaganda GDL spreading hate during the Texas leg of their ‘Name the Nose’ tour in Oct. 2021 from coast to coast. Groups like the “Goyim Defense League” spread fear and hate, promoting themselves, attacking their perceived enemies and using current events to “legitimize” their hateful views. Oren Segal, VP of the ADL Center on Extremism, will bring together COE investigative researchers and leaders from ADL’s regional offices to share insights on some of the hateful fliers, banners, videos and even the multi- state Goyim Defense League (GDL) “Name the Nose” tours. These caravans travel from city to city as GDL members spread hate and use their grotesque antics to attract new followers — and funding. ADL will share insights from our new study of extremist propaganda and give a behind-the-scenes look at how the GDL operates and how the COE assisted law enforcement with some recent arrests. We will also discuss how you and those in your community can fight the Good Fight and take action against the GDL and other hatemongers. We want you to be part of the conversation, so please bring your questions for the Q&A segment. All registrants will be emailed a link to the recording to re-watch and share.  WEBINAR:  Fight antisemitic and white supremacist propaganda in your community Thursday, March 3 2:00 PM ET / 1:00 PM CT / 12:00 PM MT / 11:00 AM PT  Register Now Please sign up for this important discussion, and we encourage you to forward this email to your friends so they can join the ADL community for the webinar.  Register Now SUPPORT OUR WORK SUBSCRIBE TO OUR NEWSLETTERS READ OUR BLOG AND FOLLOW US ADL, 605 Third Avenue, New York, NY, 10158 © 2022 Anti-Defamation League. All rights reserved. CONTACT ADL Unsubscribe or Update Email Preferences Privacy Policy From:Emma Jacquemart-Simonen To:Council, City Subject:Public spaces should be a public matter! Date:Sunday, February 27, 2022 2:19:59 PM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Dear City Council of the City of Palo Alto, In anticipation of your meeting on February 28th, we implore you to put the matter of streets and parklet usage to a wider public vote. The decision of how City property should be used — and how it can benefit the broadest possible group of residents — should be decided by members of our community. It should not be subject to a subset of influential few. After two years of increased public engagement on the social and health benefits of our streets, we urge you to consider this as a unique opportunity to further a sense of collective agency over our public spaces. A concerned citizen of our community, Emma Jacquemart Sent from my iPhone From:Marcy To:Council, City Subject:Public spaces should be a public matter! Date:Sunday, February 27, 2022 1:11:53 PM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Dear City Council of the City of Palo Alto, In anticipation of your meeting on February 28th, we implore you to put the matter of streets and parklet usage to a wider public vote. The decision of how City property should be used — and how it can benefit the broadest possible group of residents — should be decided by members of our community. It should not be subject to a subset of influential few. After two years of increased public engagement on the social and health benefits of our streets, we urge you to consider this as a unique opportunity to further a sense of collective agency over our public spaces. A concerned citizen of our community, Marcy McKee From:Nicky Billovits To:Council, City Subject:I"m Voting to Keep Parklets & Ramona St Closed Date:Sunday, February 27, 2022 12:39:32 PM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Dear City Council of Palo Alto, In anticipation of your meeting on February 28th 2022, we implore you to keep Ramona Street Closed and continue to allow parklets. I like dining outdoors and the feeling on Ramona Street with the half closure, so please count my vote for keeping parklets & Ramona Street CLOSED for safe outdoor dining. Best, Nicky Billovits From:Shankar Balasubramanian To:Council, City Subject:Public spaces should be a public matter! Date:Sunday, February 27, 2022 10:44:11 AM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear City Council of the City of Palo Alto, In anticipation of your meeting on February 28th, we implore you to put the matter of streets and parklet usage to a wider public vote. The decision of how City property should be used — and how it can benefit the broadest possible group of residents — should be decided by members of our community. It should not be subject to a subset of influential few. After two years of increased public engagement on the social and health benefits of our streets, we urge you to consider this as a unique opportunity to further a sense of collective agency over our public spaces. A concerned citizen of our community, Shankar Balasubramanian From:Dave Burgess To:Council, City Subject:I"m Voting to Keep Parklets & Ramona St Closed Date:Sunday, February 27, 2022 10:05:48 AM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Dear City Council of Palo Alto, In anticipation of your meeting on February 28th 2022, we implore you to keep Ramona Street Closed and continue to allow parklets. I like dining outdoors and the feeling on Ramona Street with the half closure, so please count my vote for keeping parklets & Ramona Street CLOSED for safe outdoor dining. Dave Burgess From:Sonya Mukherjee To:Council, City Subject:I"m Voting to Keep Parklets & Ramona St Closed Date:Sunday, February 27, 2022 9:37:25 AM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear City Council of Palo Alto, In anticipation of your meeting on February 28th 2022, we implore you to keep Ramona Street Closed and continue to allow parklets. I like dining outdoors and the feeling on Ramona Street with the half closure, so please count my vote for keeping parklets & Ramona Street CLOSED for safe outdoor dining. Thank you, Sonya Mukherjee From:Normajean Jiminez To:Council, City Subject:Want meeting Date:Sunday, February 27, 2022 9:28:23 AM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Counsel member greer plzzzz What time and date you have ASAP 5103325003 Ron and Joi From:Peter Cipriano To:Council, City Subject:Public spaces should be a public matter! Date:Sunday, February 27, 2022 9:22:55 AM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear City Council of the City of Palo Alto, In anticipation of your meeting on February 28th, we implore you to put the matter of streets and parklet usage to a wider public vote. The decision of how City property should be used — and how it can benefit the broadest possible group of residents — should be decided by members of our community. It should not be subject to a subset of influential few. After two years of increased public engagement on the social and health benefits of our streets, we urge you to consider this as a unique opportunity to further a sense of collective agency over our public spaces. Sincerely, Peter Cipriano Palo Alto Resident (1121 Hamilton Ave) From:Choy Tham Subject:Project Date:Sunday, February 27, 2022 7:13:37 AM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Greetings, Would you be interested in discussing a private proposal of 150M EUR Regards, Tham From:ibrahim mustafa Subject:BUSINESS PROPOSAL Date:Sunday, February 27, 2022 6:55:42 AM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Greetings , I crave your indulgence knowing that this email will be a surprise to you however, I am contacting you to seek your partnership in a profitable business transaction. I shall await your reply as a permission to explain in detail. Thanks for your time as I look forward to hearing from you. Best Regards, Mr. Ibrahim Mustafa, From:ibrahim mustafa Subject:BUSINESS PROPOSAL Date:Sunday, February 27, 2022 6:51:43 AM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Greetings , I crave your indulgence knowing that this email will be a surprise to you however, I am contacting you to seek your partnership in a profitable business transaction. I shall await your reply as a permission to explain in detail. Thanks for your time as I look forward to hearing from you. Best Regards, Mr. Ibrahim Mustafa, Slowest population growth Rate Since Founding of the Nation 26 Feb 08:07 PM T-1-US Stock market listed companies with over than $200 billion market cap as USA stock market has 12,610 companies listed and only 63 companies have over than $200 market cap in stock market of USA so why rest 12,500+ ......Read More Short sellers invested most in Microchip 26 Feb 01:22 PM 1- (Short sellers invested most in Microchip market company named as AMD as per January 2022 in stock market and Chuck Schumer started pushing for $50 From:George Washington Jr. To:Council, City Subject:Slowest population growth Rate Since Founding of the Nation Date:Sunday, February 27, 2022 2:01:38 AM CAUTION: This email originated from outside of the organization. Be cautious ofopening attachments and clicking on links. billion for chip market in February 2022 as many local county executi......Read More Offer to Michael Kors (usa), Inc. 26 Feb 10:17 AM Z-2- Global fashion industry is generating $1.5 trillion revenue annually and your (Michael Kors) company is only doing $5 billion annual revenue so our build future agenda will help to get a bigger share for your compa......Read More ©2022 DC Consulting | New York, USA Web Version Preferences Forward Unsubscribe Powered by GoDaddy Email Marketing ® From:Mary B. To:Council, City; City Mgr Subject:re: Support for Ukraine Date:Sunday, February 27, 2022 12:52:07 AM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. All around the world, major cities have chosen to project the Ukrainian flag or the colors of the Ukrainian flag on a prominent building. Yet Palo Alto, the capital of Silicon Valley, has yet to undertake a similar step by projecting the Ukrainian colors or flag on our city hall which could easily be done by a projector on the third floor balcony of the building across the city hall, on Hamilton. What is the delay? Is it that we are in fact the smug, self-absorbed enclave everyone seems to think we are? How could that be true though, as I heard a council member himself compare us to Paris and Florence not so long ago. Yet Paris and Florence, along with Pittsburgh, Cincinnati, Milwaukee, and Oklahoma City among others, have had the Ukrainian colors in lights since Thursday. I hope the reason isn't because the Council lacks imagination or isn't sufficiently moved by the Ukrainian cause. Let's get going here. Mary Bartholomay 2121 Dartmouth Street From:Melanie Grondel To:Council, City Cc:Melanie Grondel Subject:Keeping Cal Ave Closed Date:Saturday, February 26, 2022 10:45:50 PM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear Mayor Burt and City Council Members, The decision to make the pedestrian - only arrangement permanent, will give Cal Ave the stability needed to make it truly the plaza in the heart of the neighborhood, where we can shop, eat, drink and meet in comfort and safety. Should the Council make this decision, I would strongly support asking the City Staff to engage a designer/architect/ consultant without delay to come up with a simple design proposal that satisfies as many stakeholders as can be accomodated in a balanced and eye pleasing design that weighs retail as well as restaurant interests. Cal Ave has been made over only seven years ago, so I do not see the immediate need for complex structural changes. A simple re-allocation of space with eye pleasing separations will do for the next few years. Surrounding cities offer numerous examples. Over the past two years a great many opinions have been shared in surveys, City Council meetings, and City and stakeholders meetings. With all that data available, it is time to get to the design phase, should the Council decide on closure. We are a year behind compared to surrounding cities who have completed design and implemented a variety of solutions. A pedestrian-only Plaza for these few blocks seems the right solution to me. Bikes can easily use the parallel streets and traffic signals. There is an increasing need for a Plaza type space as increased housing density is being developed right around the area. A Plaza is to me a public space, where different public values are being addressed, a sense of community and open-air are part of that. Public streets need maintenance repairs, yet there is no toll to use them. So is a Plaza a public space. Many cities in the US and around the world, count on them. For that reason I find seating for restaurants a benefit and a good use of that public space, as are open-air display areas for retail. These are reasons for a stroll and lingering. I do not see a constant need to keep loading extra charges onto our small business community such as rent for the public space they occupy with their outside tables, parklets or open-air retail space, provided that a balanced space design is being implemented. The public has the benefit of a lively Plaza to enjoy since a dead and empty space is counterproductive and depressing. Even better when there a some free public seats to enjoy. Return on investment on this "free" space will come from the sales taxes generated by a destination worthy Plaza. Should "free" space be considered "unfair", then a nominal charge of a dollar per month could be charged to have a rate structure that could be adjusted at a later date. We depend on small business as the heart of our neighborhood as much as they depend on us. Small business is already paying high fees for the parking requirements attached to their individual businesses. Let's help turn Cal Ave into a destination that represents the heart of our neighborhood and attracts destination shoppers. That is a benefit to all of Palo Alto. Small business is slowly recovering from the burdens of the Pandemic regulations and the serious financial burdens incurred in order to survive. A successful Plaza will be a place of healing for our community. I cannot wait to take a stroll, have a meal, and possibly enjoy some music from a stage, offering a Summer nights program. Thank you for your consideration, Melanie Grondel College Terrace From:Aastha Gupta To:Council, City Subject:Public spaces should be a public matter! Date:Saturday, February 26, 2022 8:37:29 PM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Dear City Council of the City of Palo Alto, In anticipation of your meeting on February 28th, we implore you to put the matter of streets and parklet usage to a wider public vote. The decision of how City property should be used — and how it can benefit the broadest possible group of residents — should be decided by members of our community. It should not be subject to a subset of influential few. After two years of increased public engagement on the social and health benefits of our streets, we urge you to consider this as a unique opportunity to further a sense of collective agency over our public spaces. A concerned citizen of our community, [ your name] Sent from my iPhone From:sujoy sagar To:Council, City Subject:Public spaces should be a public matter! Date:Saturday, February 26, 2022 8:36:29 PM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Dear City Council of the City of Palo Alto, In anticipation of your meeting on February 28th, we implore you to put the matter of streets and parklet usage to a wider public vote. The decision of how City property should be used — and how it can benefit the broadest possible group of residents — should be decided by members of our community. It should not be subject to a subset of influential few. After two years of increased public engagement on the social and health benefits of our streets, we urge you to consider this as a unique opportunity to further a sense of collective agency over our public spaces. A concerned citizen of our community, [ your name] Sent from my iPhone From:Protect Young Eyes To:Council, City Subject:Protect Young Eyes Tech Updates: Subscription Confirmed Date:Saturday, February 26, 2022 4:32:21 PM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. Welcome to Protect Young Eyes! We help families, schools, and churches create safer digital environments. Staying up-to-date is our job, and we'll feed you what's trending. This saves you valuable time! Start here --> We have a free app you can download with all of our best tips! The Protect App Extra credit: read a few of our most popular blog posts: The Ultimate Guide to Understanding Routers - read How to Block Porn on Any Device. For Free - read Tricky People - Preparing Your Kids for Digital Stranger - read ___________________________________________________ Su suscripción a nuestra lista ha sido confirmada. ¡Gracias! Por favor, siga este enlace para descargar nuestra Prueba Digital. ¡Puedes hacerlo! Queremos ayudarles. For your records, here is a copy of the information you submitted to us... Email Address: city.council@cityofpaloalto.org Please select one: If at any time you wish to stop receiving our emails, you can: unsubscribe here You may also contact us at: info@protectyoungeyes.com From:Anton Jager To:Council, City Subject:Public spaces should be a public matter! Date:Saturday, February 26, 2022 3:59:18 PM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Dear City Council of the City of Palo Alto, In anticipation of your meeting on February 28th, we implore you to put the matter of streets and parklet usage to a wider public vote. The decision of how City property should be used — and how it can benefit the broadest possible group of residents — should be decided by members of our community. It should not be subject to a subset of influential few. After two years of increased public engagement on the social and health benefits of our streets, we urge you to consider this as a unique opportunity to further a sense of collective agency over our public spaces. A concerned citizen of our community, Anton C Jager Anton C. Jager From:Christiana Riedl To:Council, City Subject:Public spaces should be a public matter! Date:Saturday, February 26, 2022 3:57:58 PM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Dear City Council of the City of Palo Alto, In anticipation of your meeting on February 28th, we implore you to put the matter of streets and parklet usage to a wider public vote. The decision of how City property should be used — and how it can benefit the broadest possible group of residents — should be decided by members of our community. It should not be subject to a subset of influential few. After two years of increased public engagement on the social and health benefits of our streets, we urge you to consider this as a unique opportunity to further a sense of collective agency over our public spaces. A concerned citizen of our community, Christiana Riedl Sent from my iPad From:Catherine Wang To:Council, City Subject:I"m Voting to Keep Parklets & Ramona St Closed Date:Saturday, February 26, 2022 3:22:04 PM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Dear City Council of Palo Alto, In anticipation of your meeting on February 28th 2022, we implore you to keep Ramona Street Closed and continue to allow parklets. I like dining outdoors and the feeling on Ramona Street with the half closure, so please count my vote for keeping parklets & Ramona Street CLOSED for safe outdoor dining. Catherine From:Shadee Behbin To:Council, City Subject:I"m Voting to Keep Parklets & Ramona St Closed Date:Saturday, February 26, 2022 3:21:39 PM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Dear City Council of Palo Alto, In anticipation of your meeting on February 28th 2022, we implore you to keep Ramona Street Closed and continue to allow parklets. I like dining outdoors and the feeling on Ramona Street with the half closure, so please count my vote for keeping parklets & Ramona Street CLOSED for safe outdoor dining. From:Audrey"s Gmail To:Council, City Subject:I"m Voting to Keep Parklets & Ramona St Closed Date:Saturday, February 26, 2022 3:20:50 PM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Dear City Council of Palo Alto, Please keep Ramona Street closed to cars. Love to dine outdoors! In anticipation of your meeting on February 28th 2022, we implore you to keep Ramona Street Closed and continue to allow parklets. I like dining outdoors and the feeling on Ramona Street with the half closure, so please count my vote for keeping parklets & Ramona Street CLOSED for safe outdoor dining. From:Matt Marischen To:Council, City Subject:I"m Voting to Keep Parklets & Ramona St Closed Date:Saturday, February 26, 2022 2:52:35 PM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear City Council of Palo Alto, In anticipation of your meeting on February 28th 2022, we implore you to keep Ramona Street Closed and continue to allow parklets. I like dining outdoors and the feeling on Ramona Street with the half closure, so please count my vote for keeping parklets & Ramona Street CLOSED for safe outdoor dining. From:Jason Millington To:Council, City Subject:Public spaces should be a public matter! Date:Saturday, February 26, 2022 1:59:20 PM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Dear City Council of the City of Palo Alto, In anticipation of your meeting on February 28th, we implore you to put the matter of streets and parklet usage to a wider public vote. The decision of how City property should be used — and how it can benefit the broadest possible group of residents — should be decided by members of our community. It should not be subject to a subset of influential few. After two years of increased public engagement on the social and health benefits of our streets, we urge you to consider this as a unique opportunity to further a sense of collective agency over our public spaces. A concerned citizen of our community, Jason Sent from my iPhone From:Mohammad Al Suwaidi To:Council, City Cc:DeMarzo, Elise; CSD; Mohammed Makki; makki@akadimia.ai Subject:AKADIMIA AI- Nikola Tesla Statue Date:Saturday, February 26, 2022 1:40:59 PM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear City of Palo Alto Administration, Dear City Council & Mayor of Palo Alto, Greetings from Akadimia, Subject: AKADIMIA AI Collaboration Reference to the subject above and the Nikola Tesla Statue located in Evergreen Park- Palo Alto, Akadimia would like the opportunity to explore a business partnership with your esteemed City Council or Municipality or Government on collaborating with AKADIMIA AI platform. The integration of Akadimia's software through a barcode to introduce your statues and Nikola Tesla to the public by means of Artificial Intelligence. Therefore, we would like to kindly request that you consider the business partnership opportunity to explore the means of transforming historic statues through Akadimias Artificial Intelligence platform in a crucial time of Technology Development Globally. We would also like your guidance on who to correspond with in order to achieve the requirement of enabling this to happen through approval required by the State council or Municipality or Government. For more information on the company, please visit our website link below:- https://www.akadimia.ai/ Instagram:- https://www.instagram.com/akadimiaai/ Mr. Mohammad Makki CEO & Founder Schedule a meeting:- https://calendly.com/me-alsuwaidi3/akadimia-ai Regards From:Williams Gilvary Subject:Hello, Date:Saturday, February 26, 2022 1:27:34 PM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ -- Hello, Still in need of SBLC/BG?? We have FC SBLC for Exclusively for Lease... Issuing bank is HSBC Belgium an Barclays London respectively Up to 3 Billion Eur/USD at 8+2%.. Also available are wide range6 of PROJECT FUNDING and CASH LOAN at 2.% PER ANNUM and instrument monetization . Investor/ provider will give Bank letter of comfort. We need serious buyers only. Revert to me via email for further details if interested. Regards. Williams Gilvary From:Gabriel Warshauer-Baker To:Council, City Subject:Please make University Ave friendly for people, not cars Date:Saturday, February 26, 2022 12:58:25 PM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Hi, My wife and I live at 335 Everett Ave in Palo Alto. We want University Ave and the adjacent streets to remain open to pedestrians and restaurants. We really like dining al fresco, and we see no reason to go back to having a few more parking spots, or a few more vehicle throughways. To be honest, we were disappointed when University Ave itself reopened to vehicle traffic. Please do not continue making things worse! City downtowns should be for pedestrians and businesses. Cars should park at the edges of downtown. Thanks, Gabe Warshauer-Baker and Anna Goldie From:Janine Chernipeski To:Council, City Subject:I"m Voting to Keep Parklets & Ramona St Closed Date:Saturday, February 26, 2022 12:00:26 PM [Some people who received this message don't often get email from jchernipeski@yahoo.com. Learn why this is important at http://aka.ms/LearnAboutSenderIdentification.] CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Dear City Council of Palo Alto, In anticipation of your meeting on February 28th 2022, we implore you to keep Ramona Street Closed and continue to allow parklets. I like dining outdoors and the feeling on Ramona Street with the half closure, so please count my vote for keeping parklets & Ramona Street CLOSED for safe outdoor dining. Sent from my iPhone From:christanamayangwe@gmail.com on behalf of Ms. AIsha Gaddafi Subject:YOUR URGENT REPLY NEEDED IMMEDIATELY Date:Saturday, February 26, 2022 10:01:35 AM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Dearest One, I came across your e-mail contact prior a private search while in need of your assistance. I am Aisha Al-Qaddafi, the only biological Daughter of Former President of Libya Col. Muammar Al-Qaddafi. Am a single Mother and a Widow with three Children. I have investment funds worth Twenty Seven Million Five Hundred Thousand United State Dollar ($27.500.000.00 ) and i need a trusted investment Manager/Partner because of my current refugee status, however, I am interested in you for investment project assistance in your country, may be from there, we can build business relationship in the nearest future. I am willing to negotiate investment/business profit sharing ratio with you base on the future investment earning profits. If you are willing to handle this project on my behalf kindly reply urgent to enable me provide you more information about the investment funds. Best Regards Mrs Aisha Al-Qaddafi From:Marilee Anderson To:Council, City Subject:I"m Voting to Keep Parklets & Ramona St Closed Date:Saturday, February 26, 2022 9:32:06 AM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Dear City Council of Palo Alto, In anticipation of your meeting on February 28th 2022, we implore you to keep Ramona Street Closed and continue to allow parklets. I like dining outdoors and the feeling on Ramona Street with the half closure, so please count my vote for keeping parklets & Ramona Street CLOSED for safe outdoor dining. Sent from my iPhone From:Wendy Sinton To:Council, City Subject:Ramona street Date:Saturday, February 26, 2022 9:17:10 AM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Hello Dear City Council members, Ramona Street between Hamilton and University has become the most wonderful place to sit and enjoy a snack or meal and shop a bit. It really adds something to the atmosphere of Palo Alto. Please allow it to remain an outdoor dining area. Thank you, Wendy Sinton Forest Ave. From:Lee Zulman To:Council, City Subject:I"m Voting to Keep Parklets & Ramona St Closed Date:Saturday, February 26, 2022 9:12:39 AM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Dear City Council of Palo Alto, In anticipation of your meeting on February 28th 2022, we implore you to keep Ramona Street Closed and continue to allow parklets. I like dining outdoors and the feeling on Ramona Street with the half closure, so please count my vote for keeping parklets & Ramona Street CLOSED for safe outdoor dining. Aryela Zulman USA, Manhattan, Suffolk sales 25 Feb 06:57 PM T-1- Type of Industry in USA as Wholesale trade has 18,555 firms in the USA and average annual sales per firm in the amount of $125 million and find more in following so our build future better agenda will help here as m......Read More Senior Senator Chuck Schumer vs Junior Senator 25 Feb 01:47 PM T-1- P/E Ratio for USA stock market companies as per January 2022 as FBI, CIA, SEC, Chuck Schumer, USA senate, Obama, Trump, Mitch McConnell, Biden must answer this that why so much variance in P/E ratio of USA stock mar......Read More SEC and FBI with IRS failed USA 25 Feb 01:00 PM From:George Washington Jr. To:Council, City Subject:USA, Manhattan, Suffolk sales Date:Saturday, February 26, 2022 2:07:51 AM CAUTION: This email originated from outside of the organization. Be cautious ofopening attachments and clicking on links. SEC and FBI with IRS failed USA...Read More President of Ukraine a professional comedian, true or false? 25 Feb 09:47 AM 1-Ford Motor company annual revenue was $177 billion in 2005 under Bush Jr. presidency and Chuck Schumer went in democratic party policy making in 2007 and we see that Ford motor company never achieved $177 billion reven......Read More ©2022 DC Consulting | New York, USA Web Version Preferences Forward Unsubscribe Powered by GoDaddy Email Marketing ® From:Vipin Sen To:Council, City Subject:city.council@cityofpaloalto.org Date:Saturday, February 26, 2022 1:10:58 AM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Hello there, Your website is not ranking well on Google. We can help you in putting your website on the Google top page and getting more customers. Let me know if you are interested, we would be happy to send you past work, pricing and proposals. Thanks & Regards, Vipin Sen From:d.vid706@gmail.com on behalf of Mehmet Mustafa Subject:BUSINESS PROPOSAL ! Date:Friday, February 25, 2022 11:41:41 PM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Hello, Hope you are doing great in this pandemic, I earnestly wish to inform you about our Loan and Project funding program. We offer flexible loans and funding for various projects. This Funding program allows a client to enjoy low interest payback for as low as 3% per annum for a period of 1-35 years. Our minimum is 1 Million dollars and Maximum range of 6 Billion dollars or more depending on the nature of the business. We are vast in our project selection and would want to have a good business relationship with you. It will be of great delight to get an interesting response from you as to furnish you with more details about our funding procedures and requirements. Best regards, Mehmet Mustafa Director Investment Operation E-mail:mustafamehmet574@gmail.com From:Bob Wenzlau To:Council, City Cc:Gaines, Chantal Subject:Fwd: Ukraine Date:Friday, February 25, 2022 9:29:58 PM Some people who received this message don't often get email from bwenzlau@neighborsabroad.org. Learn why this isimportant CAUTION: This email originated from outside of the organization. Be cautious of openingattachments and clicking on links. Council Members, I wanted to share the engagement of Neighbors Abroad, and indirectly our city, in offering support in Ukraine. Constructive international engagement by Palo Alto is a virtue our Council honors. We felt it was within our purview to enable support for Ukraine, capitalizing on our relation with our Sister CIty Heidelberg. After the link to the funding campaign, I share an email from our Vice President for Europe, Dr. Jeannet Keisling. Her personal ties launched this fundraising effort. We are earning community donations to children, and I felt that you, as the leaders, should be aware of our community's good work. Ukrainian Emergency Children’s Relief Fund Bob Neighbors Abroad P.S. Mayor Pat Burt spoke to his counterpart Mayor Xue of Yangpu District, Shanghai on Thursday. He joined a celebration of Year of the Tiger sponsored by the Bay Area Council hosted in Shanghai and California. This engagement echoes how civic international engagement is vital. The Germans and French started the Sister City movement believing that lacing together city-to-city relations would buffer the urge for conflict. I believe our work reflects this rationale. ---------- Forwarded message --------- From: Jeannet Kiessling <jeannet.kiessling@hotmail.de> Date: Fri, Feb 25, 2022 at 8:26 PM Subject: Ukraine To: board@neighborsabroad.org <board@neighborsabroad.org>, Maria Mercado <mmercado@neighborsabroad.org> Dear Board Members, The war in Ukraine is personal to me. For more than 10 years, I have been helping orphans and street children in several Ukrainian cities. The organization I am heading in our German sister city Heidelberg, “Kleine Herzen”, helps build and run houses for street children and orphans. We also provide shelter for families who fled the Donbas region, where fighting has been going on for eight years. I know and love this wonderful country that has seen so much violence and injustice in history. I am saddened by the Russian act of aggression, which, as always in a war, will affect the weakest the most. I am very thankful that Neighbors Abroad - without a moment of hesitation - agreed to help Kleine Herzen by starting a fundraiser on the Neighbors Abroad website. Bob, Sarah, Monica, Ed and Maria have helped setting this up today and I am very grateful. Thank you! I am in close contact with our partners in Kiew, and the situation is grim. They just send me this picture from one of our orphanages. The children had to stay in the cellar all night because of the air raids. They asked not to be identified because they are scared. A picture containing person Description automatically generated Your generous donations will help us provide the children’s most basic needs - food, clothing and shelter. Kleine Herzen is a volunteer organization, every penny is transferred directly to our projects. Thank you for opening your hearts! With gratitude, Jeannet -- Bob Wenzlau President Neighbors Abroad of Palo Alto 650-248-4467 Facebook | Web | Twitter | Join From:AlleniA Subject:...Urgent Date:Friday, February 25, 2022 7:30:43 PM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ My dear, Compliments of the day!!!, How are you doing? My name is Mr.Aziz Alleni, I am a broker of a project financing firm who has cutting edge and group capital funds, they can finance any major project and help you to enhance your business plan; their financial instruments can be used to purchase goods from any manufacturer irrespective of location or trade internationally. They specialize in SBLC/BG, Non collateral loan and other financial assistance from triple AAA rated banks (Prime Banks in the world). If you are in need of a loan to run your business or execute projects, this company can grant you the loan with less interest rate and they can as well go into a joint venture with you for short- or long-term investment programs. Humbly get back to me if you are in need of a loan or SBLC or investment partnership. Waiting for your urgent response. Best regards, Mr.Aziz Alleni From:Sabrina Corvo To:Council, City; Cormack, Alison; DuBois, Tom; Filseth, Eric (Internal); Kou, Lydia; Tanaka, Greg; Stone, Greer; Burt, Patrick; Shikada, Ed Subject:Please, keep Palo Alto pedestrian-friendly streets Date:Friday, February 25, 2022 5:22:59 PM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Hello, I strongly support the initiative to keep tha downtown Palo Alto streets car free. We need pedestrian-friendly streets. Let's have a democratic vote on how our streets should best our whole community. I have been a Palo Alto resident since 1987. Sabrina Corvo -- Sabrina Corvo sabrina.corvo@gmail.com From:Wayman, Karen To:Council, City Subject:Public spaces should be a public matter! Date:Friday, February 25, 2022 4:29:23 PM Some people who received this message don't often get email fromkwayman@stanfordchildrens.org. Learn why this is important CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear City Council of the City of Palo Alto, In anticipation of your meeting on February 28th, we implore you to put the matter of streets and parklet usage to a wider public vote. The decision of how City property should be used — and how it can benefit the broadest possible group of residents — should be decided by members of our community. It should not be subject to a subset of influential few. After two years of increased public engagement on the social and health benefits of our streets, we urge you to consider this as a unique opportunity to further a sense of collective agency over our public spaces. A concerned citizen of our community, Karen Wayman CONFIDENTIALITY NOTICE: This communication and any attachments may contain confidential or privileged information for the use by the designated recipient(s) named above. If you are not the intended recipient, you are hereby notified that you have received this communication in error and that any review, disclosure, dissemination, distribution or copying of it or the attachments is strictly prohibited. If you have received this communication in error, please contact me and destroy all copies of the communication and attachments. Thank you. From:Maurizio Gianola To:Council, City; Cormack, Alison; DuBois, Tom; Filseth, Eric (Internal); Kou, Lydia; Tanaka, Greg; Stone, Greer; Burt, Patrick; Shikada, Ed Cc:Maurizio Gianola Subject:Let’s keep our Car(e)free Streets! Date:Friday, February 25, 2022 4:27:56 PM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Hello, I strongly support the initiative to keep tha downtown Palo Alto street car free. We need pedestrian-friendly streets. Let's have a democratic vote on how our streets should best our whole community. I have been a Palo Alto resident since 1987. Maurizio A. Gianola email: maurizio.gianola@gmail.com From:Mrs. Laura Louis Subject:MRS. LAURA LOUIS Date:Friday, February 25, 2022 3:49:56 PM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Warmest Greetings, I am MRS. LAURA LOUIS; I have decided to donate what I have to you/ Motherless babies/Less privileged/Widows' because I am dying and diagnosed with cancer about 2 years ago. I have been touched by God Almighty to donate from what I have inherited from my late husband to you for the good work of God Almighty. I have asked Almighty God to forgive me and I believe he has because he is a Merciful God. I will be going in for an operation soon. I decided to will/donate the sum of ($11.5 million Dollars) to you for the good work of God Almighty, and also to help the motherless and less privileged and also for the assistance of the widows. At the moment I cannot take any telephone calls right now due to the fact that my relatives (that have squandered the funds i gave them for this purpose before) are around me and my health status also. I have adjusted my will and my lawyer is aware. I wish you all the best and May the good God bless you abundantly, and please use the funds judiciously and always extend the good work to others. As soon as you get back to me, I shall give you information on what I need from you then you will contact the bank and tell them I have willed those properties to you by quoting my personal file routing and account information. And I have also notified the bank that I am willing that properties to you for a good, effective and prudent work. I know I don't know you but I have been directed to do this by God Almighty. If you are interested in carrying out this task, get back to me for more details on this noble project of mine. Yours Faithfully, Mrs. LAURA LOUIS. From:Eduardo Jimenez To:Council, City Subject:I"m Voting to Keep Parklets & Ramona St Closed Date:Friday, February 25, 2022 3:35:24 PM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Dear City Council of Palo Alto, In anticipation of your meeting on February 28th 2022, we implore you to keep Ramona Street Closed and continue to allow parklets. I like dining outdoors and the feeling on Ramona Street with the half closure, so please count my vote for keeping parklets & Ramona Street CLOSED for safe outdoor dining. Sent from my iPhone From:hedgerandrew2@gmail.com on behalf of Mehmet Mustafa Subject:BUSINESS PROPOSAL ! Date:Friday, February 25, 2022 3:01:14 PM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Hello, Hope you are doing great in this pandemic, I earnestly wish to inform you about our Loan and Project funding program. We offer flexible loans and funding for various projects. This Funding program allows a client to enjoy low interest payback for as low as 3% per annum for a period of 1-35 years. Our minimum is 1 Million dollars and Maximum range of 6 Billion dollars or more depending on the nature of the business. We are vast in our project selection and would want to have a good business relationship with you. It will be of great delight to get an interesting response from you as to furnish you with more details about our funding procedures and requirements. Best regards, Mehmet Mustafa Director Investment Operation E-mail:mustafamehmet574@gmail.com From:Rotman, Doron M To:Council, City Subject:I"m Voting to Keep Parklets & Ramona St Closed Date:Friday, February 25, 2022 2:37:01 PM [Some people who received this message don't often get email from drotman@kpmg.com. Learn why this is important at http://aka.ms/LearnAboutSenderIdentification.] CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Dear City Council of Palo Alto, In anticipation of your meeting on February 28th 2022, we implore you to keep Ramona Street Closed and continue to allow parklets. I like dining outdoors and the feeling on Ramona Street with the half closure, so please count my vote for keeping parklets & Ramona Street CLOSED for safe outdoor dining. Sent from my iPhone ********************************************************************** The information in this email is confidential and may be legally privileged. It is intended solely for the addressee. Access to this email by anyone else is unauthorized. If you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on it, is prohibited and may be unlawful. When addressed to our clients any opinions or advice contained in this email are subject to the terms and conditions expressed in the governing KPMG client engagement letter. *********************************************************************** From:Paola Erika Eiya Awatin To:Council, City Subject:I"m Voting to Keep Parklets & Ramona St Closed Date:Friday, February 25, 2022 2:23:31 PM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Dear City Council of Palo Alto, In anticipation of your meeting on February 28th 2022, we implore you to keep Ramona Street Closed and continue to allow parklets. I like dining outdoors and the feeling on Ramona Street with the half closure, so please count my vote for keeping parklets & Ramona Street CLOSED for safe outdoor dining. Sent from my iPhone From:Shantanu Deshpande To:Council, City Subject:Newspaper Article Date:Friday, February 25, 2022 2:12:32 PM Some people who received this message don't often get email from sd44680@pausd.us. Learnwhy this is important CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. To whom it may concern, Hope you're well. My name is Shantanu Deshpande and I'm a staff writer for the Campanile, Palo Alto High Schools' student newspaper. I'm writing because my latest story is about nuclear energy, specifically an advance in nuclear fusion recently made in a UK lab. And I believe any comments from the Palo Alto City Council could be extremely helpful for my article. So I'm asking if you would be willing to answer a few questions for my article. We can set up a time to interview if that works for you, but I'm sure you're busy, so I've attached my questions below in case a text-based response works better for you. Many thanks in advance, Shantanu Context (from the BBC): The UK-based JET laboratory has smashed its own world record for the amount of energy it can extract by squeezing together two forms of hydrogen... The experiments produced 59 megajoules of energy over five seconds (11 megawatts of power). This is more than double what was achieved in similar tests back in 1997. It's not a massive energy output... But the significance is that it validates design choices that have been made for an even bigger fusion reactor now being constructed in France. Questions: 1. Where does Palo Alto get its power at the moment? 2. What is Palo Alto's stance on nuclear power? 3. How might widespread access to nuclear energy affect us here in Palo Alto? From:james hersh To:Council, City Subject:Public spaces should be a public matter! Date:Friday, February 25, 2022 10:59:46 AM [Some people who received this message don't often get email from james.hersh@icloud.com. Learn why this is important at http://aka.ms/LearnAboutSenderIdentification.] CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Dear City Council of the City of Palo Alto, In anticipation of your meeting on February 28th, we implore you to put the matter of streets and parklet usage to a wider public vote. The decision of how City property should be used — and how it can benefit the broadest possible group of residents — should be decided by members of our community. It should not be subject to a subset of influential few. After two years of increased public engagement on the social and health benefits of our streets, we urge you to consider this as a unique opportunity to further a sense of collective agency over our public spaces. A concerned citizen of our community, [ your name] James Hersh 1736 Oak Creek Rd, 305 Palo Alto, CA 94304 Sent from my iPhone From:Thomas J. Ackermann To:Council, City Subject:Public spaces should be a public matter! Date:Friday, February 25, 2022 10:42:12 AM [Some people who received this message don't often get email from tackermann@icloud.com. Learn why this is important at http://aka.ms/LearnAboutSenderIdentification.] CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Dear City Council of the City of Palo Alto, In anticipation of your meeting on February 28th, we implore you to put the matter of streets and parklet usage to a wider public vote. The decision of how City property should be used — and how it can benefit the broadest possible group of residents — should be decided by members of our community. It should not be subject to a subset of influential few. After two years of increased public engagement on the social and health benefits of our streets, we urge you to consider this as a unique opportunity to further a sense of collective agency over our public spaces. A concerned citizen of our community, [ your name] Sincerely, T.J. Thomas J. Ackermann 8477 Owlwoods Lane Cincinnati, OH 45243 513-382-0012 tackermann@icloud.com From:Karen S Lenhard To:Council, City Subject:Public spaces should be a public matter! Date:Friday, February 25, 2022 10:42:03 AM [Some people who received this message don't often get email from ksl30305@icloud.com. Learn why this is important at http://aka.ms/LearnAboutSenderIdentification.] CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Dear City Council of the City of Palo Alto, In anticipation of your meeting on February 28th, we implore you to put the matter of streets and parklet usage to a wider public vote. The decision of how City property should be used — and how it can benefit the broadest possible group of residents — should be decided by members of our community. It should not be subject to a subset of influential few. After two years of increased public engagement on the social and health benefits of our streets, we urge you to consider this as a unique opportunity to further a sense of collective agency over our public spaces. A concerned citizen of our community, [ your name] Sent from my iPhone - please excuse any typos! From:Boaz Hecht To:Council, City Subject:Public spaces should be a public matter! Date:Friday, February 25, 2022 10:08:46 AM Some people who received this message don't often get email from boaz@boaz.co. Learn why thisis important CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear City Council of the City of Palo Alto, In anticipation of your meeting on February 28th, we implore you to put the matter of streets and parklet usage to a wider public vote. The decision of how City property should be used — and how it can benefit the broadest possible group of residents — should be decided by members of our community. It should not be subject to a subset of influential few. After two years of increased public engagement on the social and health benefits of our streets, we urge you to consider this as a unique opportunity to further a sense of collective agency over our public spaces. A concerned citizen of our community, Boaz Hecht From:Jennifer Landesmann To:Council, City Subject:City of Malibu petition for rule making - to drop the FAA"s significant noise impact to 45 DNL Date:Friday, February 25, 2022 9:51:13 AM Attachments:City of Malibu Petition .pdf CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Hello Council, I believe that the City subscribes to the publication Airport Noise Report, and Molly Stump would be able to share this week's ANR issue with the news from Malibu's petition. According to ANR, who has three attorneys on their Editorial Advisory Board, The City’s action has the potential to put the shaky foundation of FAA’s 40- year-old aviation noise policy – and the steps the agency is taking to review and up- date that policy – under the scrutiny of a federal appeals court. My observation is that there are two courses with the FAA. One is to be part of some "collaborative" community engagement exercise - which the Select Committee was in its time, and the Roundtables are as well, but this course seems to require complicity about the FAA's practice using the 65 criteria. I wouldn't call these "collaborative" but more like FAA shakedowns. The other is to challenge the seriously flawed practices with the 65 and at least try to stop the madness. The latter has huge implications for others and future generations. Kind of like seeing a puddle of water where kids could slip and fall. You can choose to turn a blind eye, stay silent, for whatever reason and the other is to say something, do something to avert someone from getting harmed. You have previously voted to stay quiet, and collaborative with PIRAT and the results were a failure. You neither accomplished addressing citizen concerns and you let the puddle of water go unnoticed. I hope that you will please be thoughtful about how you handle the fact that it's really not ok to be collaborating under the duress of the 65. Thank you, Jennifer Sky Posse Palo Alto BEFORE THE ADMINISTRATOR OF FEDERAL AVIATION ADMINISTRATION WASHINGTON, D.C. PETITION FOR RULEMAKING SEEKING THE AMENDMENT OR THE PROMULGATION OF NEW REGULATIONS LIMITING AVIATION NOISE AND EMISSIONS OVER THE CITY OF MALIBU, CALIFORNIA February 9, 2022 Communications regarding this document should be sent to Petitioners’ Representative: Steven M. Taber LEECH TISHMAN FUSCALDO & LAMPL, INC. 200 South Los Robles Ave. Suite 300 Pasadena, California 91101 (626) 796-4000 (phone) (626) 795-6321 (fax) staber@leechtishman.com Counsel for Petitioner, the City of Malibu, California 2 Notice of Petition to: Honorable Pete Buttigieg, Secretary Department of Transportation 1200 New Jersey Avenue SE Washington, D.C. 20590 Mr. John Putnam, Deputy General Counsel Department of Transportation 1200 New Jersey Avenue SE Washington, D.C. 20500 Honorable Stephen Dickson, Administrator Federal Aviation Administration 800 Independence Avenue SW Washington, D.C. 20591 Mr. Marc Nichols Chief Counsel Federal Aviation Administration 800 Independence Avenue SW Washington, D.C. 20591 3 TABLE OF CONTENTS I. Statement of the Petitioner 6 II. Facts and Circumstances that Support and Demonstrate the Need for the Action 7 A. FAA’s NextGen Project Has Failed to Protect Persons on the Ground from Increases in Aircraft Noise and Emissions 7 B. The SoCal Metroplex Project has caused an increase in aircraft noise and emissions over Malibu and surrounding areas 9 C. There is a disconnect between the findings in the Environmental Assessment for Southern California Metroplex and the residents’ experience on the ground 13 III. Information and Arguments in Support of the Proposed Action, Including Technical and Scientific Data 16 A. Technical and Scientific Data Support the Finding that Aircraft Noise and Emissions are Detrimental to Public Health and Welfare 16 1. Aircraft noise has caused health risks to people living under flight paths 16 2. Aircraft emissions have caused health risk to people living under flight paths 25 B. FAA Has the Legal Authority and Duty to Promulgate Rules that Protect People on the Ground from Aircraft Noise and Emissions 28 1. FAA’s role as “sovereign of the airspace” means not only managing that space for the benefit of aircraft, but also managing that space to protect people on the ground from aircraft noise and emissions 28 4 2. The U.S. Constitution and the Administrative Procedure Act provide the basis for FAA to promulgate rules and regulations protecting people on the ground 29 3. Under the Federal Aviation Act, FAA has a duty and the authority to promulgate rules governing aircraft in flight and to protect people and property on the ground 30 IV Proposed Actions 30 A. FAA’s Response to the Problems Have Been Inadequate 30 B. Proposals 31 1. Supplemental Environmental Assessment to assess and analyze the environmental impacts of the SoCal Metroplex project on Southern California 31 2. Amend FAA Order 1050.1F to address unresolved issues with aircraft noise and emissions 33 3. Promulgate a Special Flight Rules Airspace over Malibu 40 V. Proposed Language Change to Regulations 41 A. Proposed Supplemental Environmental Assessment 41 B. Proposed Amendments to FAA Order 1050.1F 41 1. Thresholds of significance 41 2. Require use of ISO 1996-1:2016 45 3. Require development of a Health Impact Assessment 46 C. Changes to Usage of Airspace: Creation of Special Flight Rules Area Over Malibu 50 5 VI. Conclusion 54 6 I. Statement of the Petitioner. Under the U.S. Constitution, the Administrative Procedure Act (APA), 5 U.S.C. § 553(e), and 14 C.F.R. §§ 11.61 – 11.103 of the Federal Aviation Regulations (FAR), the City of Malibu petitions the Department of Transportation (DOT) and the Federal Aviation Administration (FAA) to initiate a rulemaking proceeding to promulgate regulations. The intent of these proposals is to reduce the substantial increase in exposure to aircraft noise and emissions the residents of the City of Malibu, California, have experienced due to the re-design of the airspace over Southern California that took place as part of the Federal Aviation Administration’s Next Generation of Air Transportation (“NextGen”). As the Supreme Court stated in Burbank v. Lockheed Air Terminal, 411 U.S. 624, 638-639 (1973), “[t]he Federal Aviation Act requires a delicate balance between safety and efficiency and the protection of persons on the ground.” (citations omitted); see also 49 U.S.C. § 40103 and § 44715 (FAA Administrator has authority to "protect[ ] individuals and property on the ground” and “relieve and protect the public health and welfare from aircraft noise”). The City of Malibu believes that the current state of the Federal Aviation Regulations and FAA Orders are out of balance. FAA’s current rules, regulations, and orders, particularly as they relate to the drafting of flight procedures, have over-emphasized “safety and efficiency” of the aircraft in the airspace while ignoring or downplaying the effects of aircraft noise and emissions on the safety and health of persons on the ground. These proposed rules and regulations would seek to not only resolve the issues facing the City of Malibu, but also are in the public interest and safety, particularly for those suffering from the effects of FAA’s NextGen flight procedures. Promulgating regulations addressing the issues raised by the City of Malibu would address, at least in part, the environmental issues caused by arrivals to Los Angeles International Airport (LAX) that were the subject of the Petition for Review filed by the City of Los Angeles. See City of Los Angeles v. Federal Aviation Administration et al., Case No. 19-71581 (9th Cir., July 8, 2021) (“In sum, we conclude that the FAA violated NEPA, NHPA, and section 4(f) in issuing the amended [LAX] Arrival Routes”). 7 II. Facts and Circumstances that Support or Demonstrate the Need for Action. A. FAA’s NextGen Project Has Failed to Protect Persons on the Ground from Increases in Aircraft Noise and Emissions. FAA, “in an effort to modernize the National Airspace System, has introduced a new satellite-based air traffic control that it claims allows it to guide and track air traffic more precisely and efficiently”1 across the country. The FAA has called this effort its “Next Generation Air Transportation System,” or “NextGen,” for short. NextGen includes the development and implementation of “area navigation procedures” or “RNAV” procedures in various regions around the United States. However, implementing FAA’s NextGen procedures in the United States has caused widespread complaints across the country of increased aircraft noise and emissions.2 The residents and local governments in Baltimore 3, Boston 4, Chicago5, 1 Judy Abel, Malibu Livid Over Jet Noise Increase, Malibu Times, December 6, 2017. http://www.malibutimes.com/news/article_0b558654-daba-11e7-a665-17fa2f0e6637.html 2 Anita Snow, New Flight Paths Lead to Airplane Noise Complaints Across U.S., Associated Press, October 23, 2017. https://apnews.com/article/2c040a68d76a4ab5b7420c0681a860e8. Amy Zipkin, GPS for Air Travel Came with Big Downsides: Noise, Then Lawsuits, The New York Times, November 18, 2019. https://www.nytimes.com/2019/11/18/business/planes-noise-flight-paths.html. Ashley Halsey III, Inspector general’s report says the FAA has bungled a $36 billion project, The Washington Post, March 8, 2018. https://www.washingtonpost.com/local/trafficandcommuting/inspector-generals-report-says-the-faa-has-bungled-a-36-billion-project/2018/03/08/5436c6ba-22f6-11e8-badd-7c9f29a55815_story.html. 3 Colin Campbell, New Flight Plans at BWI Bring Jets Lower, Cause Headaches for Neighbors, The Baltimore Sun, September 10, 2016. https://www.baltimoresun.com/maryland/anne-arundel/bs-md-bwi-noise-20160910-story.html. 4 Fred Hanson, Milton Meeting on Airplane Noise Draws Hundreds, Patriot Ledger, December 4, 2015. https://www.patriotledger.com/article/20151204/NEWS/151207919. 5 Paul Meincke, FAA pressured to reconsider O’Hare noise problem, ABC 7 Eyewitness News, September 12, 2014. https://abc7chicago.com/ohare-airport-noise-faa-federal-aviation-administration/306572/. 8 Denver 6, Los Angeles7, Phoenix8, Portland, Maine 9, San Diego 10, Washington D.C.11, and various cities and towns in Northern California12 have all called upon FAA to address the increase in aircraft noise and emissions caused by its implementation of NextGen flight procedures. Instead of balancing the safety and efficiency in the airspace with the safety, health, and welfare of the people on the ground as required by Burbank v. Lockheed Air Terminal, FAA has claimed that safety and efficiency in the airspace trump the safety, health, and welfare of the people on the ground. See https://www.faa.gov/about/mission (last accessed 02/07/2022). FAA has made it clear to communities affected by aircraft noise and emissions that alternative flight procedures that mitigate noise and emissions on the ground would only be considered if they also result in an increase in “safety and efficiency in the airspace.” 6 John Aguilar, As Feds Prepare to Shift DIA Air Traffic Patterns, Gilpin County Is the Latest Community to Dread Plane Noise, The Denver Post, December 16, 2019. https://www.denverpost.com/2019/12/16/denver-airport-noise-gilpin-metroplex-faa/. 7 LAX: Dakota Smith, L.A. is suing the FAA as residents are fed up with noisy planes in their neighborhoods, Los Angeles Times, June 24, 2019. https://www.latimes.com/local/lanow/la-me-ln-flight-path-lax-faa-city-lawsuit-sue-noise-planes-20190624-story.html. BUR: Anthony Clark Carpio, L.A. City Attorney Feuer Sues FAA Over Airplane Noise in South San Fernando Valley, Burbank Leader, December 12, 2019. https://www.latimes.com/socal/burbank-leader/news/story/2019-12-12/l-a-city-atty-feuer-sues-faa-over-airplane-noise-in-south-san-fernando-valley. 8 CBS This Morning, FAA’s New Air Traffic Control System NextGen Causing Major Noise Pollution, January 30, 2015. https://www.cbsnews.com/news/faa-new-air-traffic-control-system-nextgen-causing-major-noise-pollution/. Wayne Schutsky, Residents Vent to FAA about Noisy Flight Paths, Scottsdale Progress, April 30, 2019. https://www.scottsdale.org/city_news/residents-vent-to-faa-about-noisy-flight-paths/article_913341ac-6859-11e9-a939-5726b12c2632.html. 9 Peter McGuire, Fed Up with Jetport Noise, Residents Ask FAA to Change Flight Paths, Press Herald, August 1, 2019. https://www.pressherald.com/2019/08/01/sen-collins-asks-faa-to-address-jetport-noise/. 10 Joe Deegan, Airport Noise – from La Mesa to La Jolla, San Diego Reader, August 1, 2018. https://www.sandiegoreader.com/news/2018/aug/01/cover-airport-noise-la-mesa-la-jolla/. 11 Lori Aratani, Arlington, Montgomery counties launch new effort in fight over airplane noise from National, The Washington Post, November 7, 2020. https://www.msn.com/en-us/news/us/arlington-montgomery-counties-launch-new-effort-in-fight-over-airplane-noise-from-national/ar-BB1aNdiW. 12 Los Altos: Bruce Barton, Residents Make Noise with FAA Over Flight Paths, Los Altos Town Crier, July 13, 2016. https://www.losaltosonline.com/news/sections/news/199-city-affairs/53248. Palo Alto: Palo Alto Weekly Staff, Editorial: Flawed new FAA NextGen air-traffic routing system needs reset, Palo Alto Weekly, July 31, 2015. https://www.paloaltoonline.com/news/2015/07/31/editorial-flawed-new-faa-nextgen-air-traffic-routing-system-needs-reset. Santa Cruz: Samantha Clark, Santa Cruz NextGen flight path noise complaints get louder, Santa Cruz Sentinel, June 5, 2015. https://www.santacruzsentinel.com/2015/06/05/santa-cruz-nextgen-flight-path-noise-complaints-get-louder/. 9 One of the primary issues confronting NextGen is that the precision of the NextGen technology and implementation concentrates aircraft noise in a smaller area. The residents in these areas often experience substantial increases over their historic noise and emission levels. Further, because aircraft noise from NextGen flight procedures may not reach the FAA’s Day-Night Average Sound Level (“DNL”) threshold of 65 dB, the FAA’s National Environmental Policy Act (NEPA) review may find this change does not preclude the NextGen implementation even though the residents experience substantial, but not what the FAA deems to be “significant,” increases in noise over the levels they have experienced historically. Likewise, the standards set in FAA Order 1050.1F are not sufficiently protective of air quality and the risks that aircraft emissions, such as ultrafine particulate matter and Nitrous Oxides, pose to the people living, working, and playing under flight paths. To complicate matters two additional factors, appear to play a significant role. First, many of the flight patterns are new, so aircraft noise is affecting communities that have rarely experienced overflights in the past. Second, in some of these communities, the background or ambient noise levels are lower than in other neighborhoods affected by aircraft noise. In locations where ambient noise is lower, aircraft overflights are likely to be more noticeable even if the aggregate noise level is comparably lower. Malibu residents have experienced a confluence of these factors creating a significant impact and sharp increase in aircraft noise and emissions. B. The SoCal Metroplex Project has caused an increase in aircraft noise over Malibu and the surrounding areas. The changes implemented by the FAA over Southern California resulted in more flight paths moving directly over the City of Malibu and the surrounding areas. As reported in the Malibu Times, “in the past few years, the FAA has steadily been implementing its new application called NextGen that tracks flight paths across the country. Routes have been consolidated into narrower areas and, in some cases, the altitudes planes fly lowered.”13 The FAA has maintained that “the narrowing of the flight paths makes it safer and noise will impact people on the ground less—it’ll be more environmentally friendly.”14 13 Judy Abel, Malibu Livid Over Jet Noise Increase, Malibu Times, December 6, 2017. 14 Id. 10 After conducting an Environmental Assessment, on August 31, 2016, the FAA signed a Finding of No Significant Impact and Record of Decision (“FONSI/ROD”) determining that the changes in aircraft flight paths and altitudes implemented under the NextGen procedures would cause no significant or reportable noise increases within the Southern California Metroplex (“SoCal Metroplex”) airspace. Based on the SoCal Metroplex Environmental Assessment (“EA”), FAA concluded in the FONSI/ROD that the NextGen flight plans would not “significantly” affect the quality of human environment nor exceed thresholds of significance for any environmental impact category under NEPA, including noise and air quality. However, since the implementation of the NextGen flight procedures at LAX on April 8, 2017, the residents of Malibu have been severely affected by an increase in noise from aircraft arriving at LAX. Before the NextGen flight procedures were implemented, a larger number of aircraft arriving at LAX flew over unpopulated land and were spread out over a larger area. After NextGen, that is no longer the case. The NextGen flight procedures are now concentrated over Malibu. This change has been confirmed by graphics below, shown in Google Earth files supplied by the FAA on the website “metroplexenvironmental.com.” Figure 1 shows the original flight procedures published to fly above Malibu and the surrounding communities. After implementing the NextGen procedures, several additional flight procedures had been added to fly above the City of Malibu. Besides the previous waypoints WAKER, SADDE, GHART and BAYST, the SoCal Metroplex added new waypoints KEVVI, MOOS, KILIE and LADYJ – all over Malibu. See Figure 2 (new waypoints shown in red). 11 Figure 1 – Pre-Metroplex Flight Procedures above Malibu with waypoints (taken from Google Earth Files on http://metroplexenvironmental.com) Figure 2 – Post Metroplex Flight Procedures above Malibu with waypoints (taken from Google Earth files on http://metroplexenvironmental.com) 12 To better understand the increase in aircraft traffic over Malibu, one need only look at the flight tracks supplied to the public by FAA as part of the SoCal Metroplex. Figure 3 represents the flight tracks as they existed before implementing NextGen. Figure 4 on the next page represents the flight tracks above Malibu after implementing the NextGen flight procedures. There is a noticeable increase in the number of flight tracks and concentration above Malibu. Figure 3 – Pre-Metroplex Flight Tracks Above Malibu - (taken from Google Earth files on http://metroplexenvironmental.com) 13 Figure 4 – Post-Metroplex Flight Tracks Above Malibu (taken from Google Earth files on http://metroplexenvironmental.com) These graphics confirm the residents of Malibu’s experience. Since the implementation of the SoCal Metroplex project air traffic over Malibu and the surrounding communities has increased significantly. NextGen technology has altered the flight paths of aircraft operating to and from Los Angeles International Airport (LAX) and other surrounding airports, causing aircraft to fly directly over Malibu and the surrounding communities at lower altitudes. These changes to the flight paths have created a de facto “community in the vicinity of an airport.” While located approximately 27 air miles from LAX, Malibu is in immediate proximity to inbound aircraft as though Malibu was near the airport. The change in flight activity over Malibu has caused the residents of Malibu and the surrounding communities to experience an increased exposure to disruptive airplane noise, and an increased exposure to ultrafine particulate matter and Nitrous Oxides polluting their air. C. There Is a Disconnect Between the Findings in the Environmental Assessment for Southern California Metroplex and The Residents’ Experience on the Ground. In adopting the FONSI/ROD, the FAA made an environmental determination that the SoCal Metroplex project (the “Project”) would not cause significant 14 environmental impact. When FAA undertook the EA for the Project under FAA Order 1050.1E, 15 it used the Noise Integrated Routing System (NIRS)16 to model the noise impacts for the Project because the Project involved a study area larger than the immediate vicinity of an airport, incorporates more than one airport, and includes actions above 3,000 feet AGL. The FAA applied its “criteria of significance” to determine whether the Project would cause a significant noise impact. Noise was analyzed during the year in which implementation of the Project would be initiated (2016) and projected for a five-year look-ahead (2021). The results identified the differences in DNL noise exposure between the two alternatives (Proposed Action compared to No Action Alternative)17 to determine if implementing the Proposed Action would cause “significant” noise impacts. According to the FAA, only a DNL increase of 1.5 dB or higher in areas exposed to noise levels above DNL 65 dB is a “significant” increase that would give rise to a finding of “significant impact.” FAA’s Order 1050.1F does states that DNL increases of 3 dB or higher in areas exposed to noise levels between DNL 60 dB and 65 dB and DNL increases of 5 dB or higher in areas exposed to noise levels between DNL 45 dB and 60 dB constitute “reportable noise increases.” However, despite being “reportable,” FAA deems these increases not to be “significant” and, therefore, FAA does not mitigate them. In the Environmental Assessment, FAA told residents that they had nothing to fear because the Project would not cause any “significant impact” to the environment: Q: Will the new procedures increase the noise generated from aircraft? 15 FAA Order 1050.1F replaced FAA Order 1050.1E on July 16, 2015 (“FAA Order 1050.1F”). It serves as the FAA's policy and procedures for compliance with the National Environmental Policy Act (NEPA) and implementing regulations issued by the Council on Environmental Quality (CEQ). It updates FAA Order 1050.1E to provide a clear, concise, and up-to-date discussion of the FAA's requirements for implementing NEPA and clarifies requirements to facilitate timely, effective, and efficient environmental reviews of FAA actions, including NextGen improvements. 16 NIRS has since been replaced by the Aviation Environmental Design Tool (AEDT). According to FAA, “AEDT is a software system that dynamically models aircraft performance in space and time to produce fuel burn, emissions and noise. Full flight gate-to-gate analyses are possible for study sizes ranging from a single flight at an airport to scenarios at the regional, national, and global levels. AEDT is currently used by the U.S. government to consider the interdependencies between aircraft-related fuel burn, noise and emissions.”. 17 The FONSI/ROD also considered an alternative project alongside the Project. 15 A: The FAA’s environmental analysis for the project calculated noise at more than 330,000 locations throughout the study area. It showed the Proposed Action would not result in any significant or reportable noise increases under the National Environmental Policy Act. Some people will experience slight noise decreases, some will see no changes, and some will experience small noise increases. Q: What is the FAA going to do to mitigate the noise increases that some people will experience? A: The project will not exceed thresholds of significance for any environmental impact category, so no mitigations are being proposed 18 However, despite these assurances, the Project moved flight paths and lowered flight altitudes causing an increase in noise levels that inflicted and continues to inflict great distress and to negatively affect the health and quality of life of the residents of the City of Malibu and the surrounding areas. The disconnect between the FAA’s noise analysis and the experience on the ground raises two questions. One, if the FAA is using the best and most up-to-date scientific methods in determining the noise impacts on communities, why are so many communities being affected by increases in noise? And two, do FAA’s rules, regulations and orders properly protect persons on the ground from the health risks caused by aircraft noise and emissions? The outcry and evidence from those on the ground shows the answer is “no.” This Petition for Rulemaking seeks to rectify that deficiency and resolve the increased exposure to aircraft noise and emissions from which the residents of Malibu suffer. 18 http://www.metroplexenvironmental.com/socal_metroplex/socal_questions.html 16 III. Information and Arguments in Support of the Proposed Actions, Including Relevant Technical and Scientific Data. A. Technical and Scientific Data Support the Finding that Aircraft Noise and Emissions are Detrimental to Public Health and Welfare. 1. Aircraft noise has caused health risks to people living under flight paths. a. Aircraft noise causes an increased risk of cardiovascular disease, hospitalizations, and mortality. By concentrating flights into narrow flight paths, NextGen flight procedures, like those at issue here, increase the risk for cardiovascular disease, hospitalizations, and mortality. The causal connection between aircraft noise and this increased health risk is well-supported by a growing body of scientific evidence. Two large studies have found associations between aircraft noise and heart disease and stroke. In a 2013 Harvard University study, researchers examined hospitalization rates in 6 million adults aged 65 years and over living near 89 US airports. The study concluded there is a statistically significant association between exposure to aircraft noise and risk of hospitalization for cardiovascular diseases among older people living underneath flight paths.19 A second 2013 study examined hospitalization and mortality in a population of 3.6 million potentially affected by aircraft noise from London Heathrow airport.20 The conclusion in that study was that aircraft noise was associated with increased risks of stroke, coronary heart disease, and cardiovascular disease for both hospital admissions and mortality. Two additional studies discussed below have found connections between aircraft noise and heart disease and stroke. In one study, using data collected between 2004 and 2006 on 4,712 participants who lived underneath flight paths in six European countries, researchers concluded that individuals exposed to aircraft 19 Correia AW, Peters JL, Levy N, Melly S, Dominici F., Residential exposure to aircraft noise and hospital admissions for cardiovascular diseases: Multi-airport retrospective study, 347 BMJ f5561, (October 8, 2013). 20 Hansell AL, Blangiardo M, Fortunato L, Floud S, de Hoogh K, Pecht D, et al., Aircraft noise and cardiovascular disease near Heathrow airport in London: Small area study, 347 BMJ f5432 (October 8, 2013). 17 noise over many years showed an increased risk of heart disease and stroke.21 Likewise, a census-based study of 4.6 million individuals in Switzerland concluded that aircraft noise was associated with mortality from myocardial infarction.22 The study noted that the association does not appear to be “explained by exposure to particulate matter air pollution, education, or socioeconomic status of the municipality.” i. Aircraft noise causes an increased risk of hypertension. Besides causing cardiovascular disease, aircraft noise is also linked to an increase in hypertension among those exposed. Two meta-analyses 23 relating to seven epidemiological studies found a correlation between aircraft noise exposure and hypertension in adults.24 A 2008 field study of 140 individuals living near four European airports found increases in blood pressure during the night sleeping period related to aircraft operations.25 Short-term experimental studies in healthy adults 26 and those with existing cardiovascular disease 27 have found links between aircraft noise at night and next-morning blood pressure and blood vessel functions. ii. Aircraft noise increases the risk of dementia in older individuals. Besides an increased risk of cardiovascular disease and hypertension, a recent study confirms that aircraft noise also causes an increased risk of developing 21 Floud S, Blangiardo M, Clark C, Babisch W, Houthuijs D, Pershagen G, et al., Reported heart disease and stroke in relation to aircraft and road traffic noise in six European countries - The HYENA study, 23 Epidemiology 39 (2012). 22 Huss A, Spoerri A, Egger M, Roosli M. Aircraft noise, air pollution, and mortality from myocardial infarction, 21 Epidemiology 829 (2010). 23 Meta-analyses combine evidence from several studies and are considered to provide the highest ranked research and to provide stronger evidence than single studies. 24 See Babisch W, Kamp I., Exposure-response relationship of the association between aircraft noise and the risk of hypertension. 11 Noise Health 161 (2009). See also Huang D, Song X, Cui Q, Tian J, Wang Q, Yang K., Is there an association between aircraft noise exposure and the incidence of hypertension? A meta-analysis of 16784 participants, 17 Noise Health 93 (2015). 25 Haralabidis AS, Dimakopoulou K, Vigna-Taglianti F, Giampaolo M, Borgini A, Dudley ML, et al., Acute effects of night-time noise exposure on blood pressure in populations living near airports, 29 Eur. Heart J. 658 (2008). 26 Schmidt FP, Basner M, Kroger G, Weck S, Schnorbus B, Muttray A, et al., Effect of nighttime aircraft noise exposure on endothelial function and stress hormone release in healthy adults, 34 Eur. Heart J. 3508 (2013). 27 Schmidt F, Kolle K, Kreuder K, Schnorbus B, Wild P, Hechtner M, et al., Nighttime aircraft noise impairs endothelial function and increases blood pressure in patients with or at high risk for coronary artery disease 104 Clin. Res Cardiol. 23 (2015). 18 dementia later in life.28 “These findings suggest that within typical urban communities in the United States, higher levels of noise may impact the brains of older adults and make it harder for them to function without assistance. This is an important finding since millions of Americans are currently impacted by high levels of noise in their communities,” said senior author Sara D. Adar, ScD, of the University of Michigan School of Public Health, Ann Arbor.29 Professor Adar added that “although noise has not received a great deal of attention in the United States to date, there is a public health opportunity here as there are interventions that can reduce exposures both at the individual and population level.” Id. This study underscores the need for FAA to reduce exposure to aircraft noise to better protect older adults living in Malibu. b. Aircraft Noise Causes Sleep Disturbance for Those Who Live Under the Flight Paths. “Sleep undoubtedly counts as one of life’s basic needs,” the court concluded in Harper v. Showers, 174 F.3d 716, 720 (5th Cir. 1999). The Second Circuit agreed that “[n]o reasonable person would disagree that “sleep is critical to human existence.” Walker v. Schult, 717 F.3d 119, 126 (2d Cir. 2013). Sleep is a biological imperative, and a very active process that serves several vital functions for human life. Undisturbed sleep of sufficient length is essential for daytime alertness and performance, quality of life, and health.30 The epidemiologic evidence that chronically disturbed or curtailed sleep is associated with negative health outcomes (such as obesity, diabetes, and high blood pressure) is overwhelming. Aircraft noise- induced sleep disturbance is considered the most deleterious non-auditory effect of aircraft noise. 28 Weuve J, D'Souza J, Beck T, Evans DA, Kaufman JD, Rajan KB, Mendes de Leon CF, Adar SD, Long‐term community noise exposure in relation to dementia, cognition, and cognitive decline in older adults, Alzheimer’s & Dementia: The Journal of the Alzheimer’s Association (October 20, 2020). 29 https://www.eurekalert.org/pub_releases/2020-10/w-cnm101920.php (last accessed December 23, 2020). 30 Fritschi L, Brown AL, Kim R, Schwela DH, Kephalopoulos S, editors. Burden of Disease From Environmental Noise. Bonn, Germany: World Health Organization (WHO); 2011. See also EU Parliament Directive 2002-49-EC. (The WHO has adopted the underlying principles of European Parliament’s Directive 2002 in this publication. See the “introduction” section to the WHO publication: Burden of Disease From Environmental Noise. In recognition of the significant environmental risk from noise pollution, European Parliament and Council adopted Directive 2002/49/EC of 25 June 2002 to manage environmental noise. Id. In turn, the EU Parliament has mandated all EU Member States to develop a noise map and action plan to manage noise as evidence regarding the health effects of environmental noise has mounted in the recent years. Id.). Muzet A, Environmental noise, sleep and health, 11 Sleep Med. Rev. 135 (2007). 19 In 2012, researchers conducted a systematic review to clarify the causal link between aircraft noise exposure and sleep disturbance.31 The researchers reviewed 12 studies that dealt with sleep disturbances. Of those studies surveyed, four were determined to be of high quality, five were considered of moderate quality and three were considered of low quality. All moderate- to high-quality studies showed a link between aircraft noise events and sleep disturbances such as awakenings, decreased slow wave sleep time or use of sleep medication. Four years later, in 2016, researchers investigated the relationship between sleep disturbance and exposure to aircraft noise on almost 4,000 residents living near an airport.32 The study concluded that the prevalence of insomnia and daytime hypersomnia (excessive daytime sleepiness) was higher in the aircraft noise exposure group, as compared to the control group. The study concluded there is a causal relation between exposure to aircraft noise and sleep disturbances. Research has shown a relationship between aircraft noise exposure and sleep disturbance and a link between noise-induced sleep disturbance and long-term health consequences. The residents underneath flight paths are now waiting for the policymakers to help mitigate the effects of aircraft noise on their sleep. c. Aircraft Noise Has an Impact on Children’s Learning and Low Weight at Birth. The aircraft noise generated by aircraft flying above Malibu will affect children in schools located underneath flight paths. Recent studies show that children born to mothers living underneath flight paths are born with lower-than- normal birth weight. i. Chronic exposure to aircraft noise negatively affects children’s ability to learn. Reviews of how noise, and in particular aircraft noise, affect children’s learning have concluded that aircraft noise exposure at school or at home is 31 Perron S, Tétreault LF, King N, Plante C, Smargiassi A, Review of the effect of aircraft noise on sleep disturbance in adults, 14 Noise & Health 58 (2012). 32 Kyeong Min Kwak, Young-Su Ju, Young-Jun Kwon, Yun Kyung Chung, Bong Kyu Kim, Hyunjoo Kim, Kanwoo Youn, The effect of aircraft noise on sleep disturbance among the residents near a civilian airport: a cross-sectional study, 28 Annals of Occupational and Environmental Medicine 38 (2016). 20 associated with children having poorer reading and memory skills.33 There is also increasing evidence suggesting that children exposed to chronic aircraft noise at school have poorer performance on standardized achievement tests, compared with children who are not exposed to aircraft noise. The RANCH study (Road traffic and Aircraft Noise and children’s Cognition & Health) is a large-scale cross-sectional study of 2,844 children aged 9–10 years from 89 schools around London Heathrow, Amsterdam Schiphol, and Madrid Barajas airports. It found a causal link between aircraft noise and poorer reading comprehension and poorer recognition memory.34 These associations were not explained by air pollution.35 Children’s aircraft noise exposure at school and that at home are often highly correlated.36 In the RANCH study, night-time aircraft noise at the child’s home was also associated with impaired reading comprehension and recognition memory.37 ii. Chronic aircraft noise exposure is linked to low birth weight. Health economists from Lehigh University, Lafayette College and the University of Colorado, Denver, pinpointed a causal link between aircraft noise and low birth weight.38 This study focused on the effects of aircraft noise on babies’ health at birth, specifically low birth weight born to mothers living near Newark Liberty International Airport after implementing NextGen flight procedures at the airport. The study concluded that low birth weight was tied to implementing NextGen flight procedures. The flight procedures over Malibu are also NextGen flight procedures. One economist, Muzhe Yang of Lehigh University stated that “[o]ur findings have important policy implications regarding the trade-off between flight pattern optimization and human health. This is especially important given 33 Clark C., Aircraft Noise Effects on Health: Report Prepared for the UK Airport Commission. Report Number 150427. London: Queen Mary University of London, (2015). 34 Stansfeld SA, Berglund B, Clark C, Lopez-Barrio I, Fischer P, Ohrstrom E, et al. Aircraft and road traffic noise and children's cognition and health: A cross-national study, 365 Lancet 1942 (2005). 35 Clark C, Crombie R, Head J, van Kamp I, van Kempen E, Stansfeld SA., Does traffic-related air pollution explain associations of aircraft and road traffic noise exposure on children's health and cognition? A secondary analysis of the United Kingdom sample from the RANCH project, 176 Am. J. Epidemiol. 327 (2012). 36 Clark C, Martin R, van Kempen E, Alfred T, Head J, Davies HW, et al., Exposure-effect relations between aircraft and road traffic noise exposure at school and reading comprehension - The RANCH project, 163 Am. J. Epidemiol. 27 (2006). 37 Stansfeld SA, Hygge S, Clark C, Alfred T., Night time aircraft noise exposure and children's cognitive performance, 12 Noise Health 255 (2010). 38 Argys, L.M., Averett, S.L., Yang, M., Residential noise exposure and health: Evidence from aviation noise and birth outcomes, 103 Journal of Environmental Economics and Management 102343 (2020). 21 the long-term negative impact of low birth weight on a range of later-life outcomes such as lifetime earnings, educational achievement and long-term health.”39 d. Aircraft noise causes poorer mental health. Studies have also been conducted to show the link between aircraft noise exposure and poorer well-being, lower quality of life, and psychological ill health. In a 2020 study, researchers determined that noise annoyance, particularly from aircraft, is associated with depression, anxiety, and sleep disturbance over a five- year period.40 The research concluded that over the five-year period, general noise annoyance remained stable and that “daytime noise annoyance predicted new onset of depressive, anxiety symptoms (also nighttime annoyance) and sleep disturbance.” These results “indicate the need to provide regulatory measures in affected areas to prevent mental health problems.” These results confirmed the findings in a 2010 study of 2,300 residents near Frankfurt airport that annoyance was associated with self-reported lower quality of life.41 e. Aircraft Noise Has Increased the Community’s Annoyance with Environmental Noise. i. International Organization for Standardization creates standards to address elevated levels of community annoyance from aircraft noise. Community annoyance refers to the average evaluation of the disturbing aspects or nuisance of a noise situation by a “community” or group of residents, combined in a single outcome. To facilitate comparisons and data pooling, a standardized annoyance question was proposed by members of the International Commission on Biological Effects of Noise,42 and was adopted by International 39 https://www2.lehigh.edu/news/muzhe-yang-how-airplane-noise-affects-fetal-health (last accessed December 23, 2020). 40 Beutel, M.E., Brähler, E., Ernst, M., Noise annoyance predicts symptoms of depression, anxiety, and sleep disturbance 5 years later. Findings from the Gutenberg Health Study. 30 European Journal of Public Health, 487 (2020). 41 Schreckenberg D, Meis M, Kahl C, Peschel C, Eikmann T., Aircraft noise and quality of life around Frankfurt Airport, 7 Int. J. Environ. Res. Public Health 3382 (2010). 42 Fields JM, De Jong RG, Gjestland T, Flindell IH, Job RF, Kurra S, et al., Standardized general- purpose noise reaction questions for community noise surveys: Research and a recommendation, 242 J. Sound Vibr. 641 (2001). 22 Organization for Standardization (“ISO”) as TS 15666.43 The percentage of highly annoyed respondents is considered the main indicator of community annoyance. Using a common question has allowed researchers to compare studies from around the globe. Because of this step forward, in 2016, the ISO published a new standard to assess community annoyance because of environmental noise, such as aircraft noise. ISO 1996-1:2016, Acoustics – Description, measurement and assessment of environmental noise assists policymakers in predicting the potential annoyance response of a community to long-term exposure to various types of environmental noises, including aircraft noise. Although the U.S. has approved ISO 1996-1:2016 as being “state of the art,” and ready for use in the United States, FAA has refused to implement it in assessing aircraft noise in communities. Use of this tool in developing flight procedures would allow FAA to better evaluate and manage aircraft noise exposure. See pp. 35-40, infra for complete discussion of ISO 1996- 1:2016. ii. Community annoyance from aircraft noise is increasing. In 2017, the United Kingdom Civil Aviation Authority undertook a survey of “noise attitudes.” The study examined evidence on attitudes to aircraft noise around airports in England, including the effects of aircraft noise on annoyance, well-being, and health. It found that the level of noise exposure that leads to significant community annoyance has fallen from 57 dB LAeq (in a previous survey) to 54 dB LAeq. In 2016, the long-term German study entitled, “Noise-Related Annoyance, cognition, and Health” (NORAH) concluded there has been a change in annoyance responses: people are now more highly annoyed by aircraft noise than 30 years ago.44 The NORAH study examined noise responses following the opening of a new runway, and implementation of a night curfew. The NORAH study mentions that several attempts are being made at trying to explain the variance within the annoyance response, using modelling to calculate the weight of non-acoustic factors. 43 IS Organization, ISO TS 15666: Acoustics- Assessment of Noise Annoyance by Means of Social and Socio-Acoustic Surveys (2003). 44 Schreckenberg, D. et al. Effects of aircraft noise on annoyance and sleep disturbances before and after the expansion of Frankfurt Airport – results of the NORAH Study WP1 ‘Annoyance and Quality of Life’, Internoise Congress, Hamburg (2016). 23 The NORAH study concluded that more people were “highly annoyed” when they experienced an increase in aircraft noise and that annoyance remains through the years. That is, people do not habituate to aircraft noise. Moreover, annoyance with aircraft noise amongst the affected population is increasing, not decreasing. The authors of 2011 report looked at datasets from separate airports in various parts of the world, including the U.S. from 1967 until 2005.45 The results suggested there has been a significant increase in annoyance over the years. Instead of a gradual increase, the study appeared to show increased levels of annoyance from 1996 onward. This is despite FAA’s self-congratulatory declarations that aircraft noise is decreasing.46 iii. FAA’s recent Neighborhood Environmental Survey underscores growing community annoyance with aircraft noise. The method for representing the community response to noise is known as the “Schultz Curve,” which is a dose-response curve developed in the 1970’s. The noise thresholds used for current FAA noise policy are informed by the “Schultz Curve.” While the “Schultz Curve” remains the accepted standard for describing transportation noise exposure-annoyance relationships, its original supporting scientific evidence and social survey data were based on information available in the 1970s. The last in-depth review and revalidation of the Schultz Curve was conducted in 1992 by the Federal Interagency Committee on Noise (“FICON Report”). More recent analyses have shown that aviation noise results in annoyance levels higher than other modes of transportation. Recent international social surveys have also generally shown higher annoyance than predicted by the Schultz Curve. These analyses and survey data indicate that the Schultz Curve may not reflect the current U.S. public perception of aviation noise. In 2015 and 2016, FAA conducted a nationwide survey to measure the relationship between aircraft noise exposure and annoyance in communities underneath flight paths. This survey captured the community response to a modern fleet of aircraft as they are being flown today and it used best practices in terms of 45 Janssen, S. et al., Trends in aircraft noise annoyance: the role of study and sample characteristics, 129 J. Acoust. Soc. Am. 1953 (2011). 46 “By one measure, it has been a success: over the last four decades, the number of people in the U.S. exposed to aviation noise has dropped substantially, even as the number of flights has soared.” https://www.faa.gov/regulations_policies/policy_guidance/noise/ (last accessed December 23, 2020). 24 noise analysis and data collection. This survey has been called the “Neighborhood Environmental Survey” (NES). For the NES, FAA surveyed over 10,000 residents living near 20 representative airports via a mailed questionnaire. The questionnaire asked the recipients about various environmental concerns that bothered, disturbed, or annoyed them. Noise from aircraft was one of the thirteen environmental concerns that the survey covered. Since the aircraft noise question was one of 13 environmental concerns listed, the recipient did not know whether this was an airport community noise survey. This was the largest survey of this type undertaken at one time. The data from the survey was used to calculate the new “National Curve” to replace the “updated Schultz Curve” in use by the FAA and provides a contemporary picture of community response to aircraft noise exposure. A follow up phone survey was also offered to the 10,000 mail survey respondents, and just over 2,000 elected to participate. The phone survey provided additional insights on how the mail survey respondents felt about aircraft noise. The results of the survey showed that the updated Schultz Curve, as used in the FICON Report, was very outdated and no longer reflected the public’s response to aircraft noise exposure. Comparison of the FICON Report prepared using the updated Schultz Curve and NES prepared using the National Curve showed the following percentage of population highly annoyed by exposure to transportation noise: • At a noise exposure level of DNL 65 dB, the FICON Report indicated 12.3% of people were highly annoyed, compared to between 60.1% & 70.9% from the NES. • At a noise exposure level of DNL 60 dB, the FICON Report indicated that 6.5% of people were highly annoyed, compared to between 43.8% & 53.7% from the NES. • At a noise exposure level of DNL 55 dB, the FICON Report indicated that 3.3% of people were highly annoyed, compared to between 27.8% & 36.8% from the NES. • At a noise exposure level of DNL 50 dB, the FICON Report indicated that 1.7% of people were highly annoyed, compared to between 15.4% & 23.4% from the NES. 25 Extrapolating from the FAA’s current “thresholds of significance,” one concludes that the new “threshold of significance” should be around DNL 45 dB. 2. Aircraft Emissions have caused health risks to people living under flight paths. Besides the health risks of aircraft noise, substantial research has been performed on the health risks posed by air toxics and particulate matter emissions from airports. This includes a 2014 study that showed that concentrations of particulate matter, black carbon, and nitrogen oxides (NO2) are elevated fourfold within six miles downwind of the airport and twofold within 10 miles from airport emissions. Hudda et al. Emissions from an International Airport Increase Particle Number Concentrations 4-fold at 10 km Downwind, Environmental Science & Technology, 2014 48(12), pp.6628-6635. In that study, researchers from University of Southern California’s Keck School of Medicine conducted the analysis in a region near Los Angeles International Airport over 29 days, usually during times of onshore westerly winds in the late morning and afternoon. But measurements also were taken in early mornings and late nights when air traffic and onshore winds are lower. They found chemical concentrations to be up to five times higher than background pollution levels of an area within nine square miles of the airport. Within two miles east of the airport, levels of dangerous particulates were 10 times higher than in areas not affected by the airport’s emissions. As a result, residents living downwind and to the east of the airport could be inhaling hazardous levels of nitrogen oxides and fine particulates that could contribute to inflammation, blocked arteries, asthma, heart conditions and other health issues. The results from LAX were confirmed in a 2016 study at Boston’s Logan Airport 47 where it was determined that aviation activities affected ambient ultrafine particle number concentrations (“PNC”). The study concluded there is a correlation between aviation activity and concentrations of ultrafine particulate matter and NO2. Two years later, in 2018, the same research group found that ultrafine particles from aviation activity penetrate indoors:48 47 N. Hudda et al., Aviation-Related Impacts on Ultrafine Particle Number Concentrations Outside and Inside Residences near an Airport, February 7, 2018, Environmental Science & Technology. 48 N. Hudda et al., Aviation-Related Impacts on Ultrafine Particle Number Concentrations Outside and Inside Residences near an Airport, February 7, 2018, Environmental Science & Technology. 26 Overall, our results indicate that aviation-related outdoor PNC infiltrate indoors and result in significantly higher indoor PNC. Our study provides compelling evidence for the impact of aviation-related emissions on residential exposures. Further investigation is warranted because these impacts are not expected to be unique to Logan airport. These findings were confirmed in 2020.49 Likewise, in 2020, it was reported that pregnant mothers exposed to aircraft emissions resulted in preterm births.50 This analysis evaluated whether ultrafine particulate matter (UFPs) from jet aircraft emissions are associated with increased rates of preterm birth (PTB) among pregnant mothers living downwind of Los Angeles International Airport (LAX). The result was that in utero exposure to aircraft-origin ultrafine particles was positively associated with preterm births. This led the researchers to conclude that: emissions from aircraft play an etiologic role in PTBs [pre-term births], independent of noise and traffic-related air pollution exposures. These findings are of public health concern because UFP exposures downwind of airfields are common and may affect large, densely populated residential areas. One of the perceived difficulties in assessing aircraft emissions was put to rest in a February 21, 2021, report that was able to distinguish between roadway particle pollution and aircraft particle pollution.51 The Mobile ObserVations of Ultrafine Particles (UFP) study found that key differences existed in the particle size distribution and the black carbon concentration for roadway and aircraft features. These differences can help distinguish between the spatial impact of roadway traffic and aircraft UFP emissions using a combination of mobile monitoring and standard statistical methods. Particulate pollution is not the only concern. In 2008 the Airport Cooperative Research Program produced an analysis entitled “Aircraft and Airport-Related 49 N. Hudda et al., Impacts of Aviation Emissions on Near-Airport Residential Air Quality, June 23, 2020, Environmental Science & Technology/ 50 S. Wing et al., Preterm Birth among Infants Exposed to In Utero Ultrafine Particles from Aircraft Emissions, April 2, 2020, Environmental Health Perspective. 51 E. Austin et al., Distinct Ultrafine Particle Profiles Associated with Aircraft and Roadway Traffic, February 21, 2021, Environmental Science & Technology/ 27 Hazardous Air Pollutants: Research Needs and Analysis,” which was funded through the FAA. That analysis provides direction on how airports should be able to address the requests from states and “communities surrounding airports to analyze the health impacts of aircraft and other airport-related sources of air toxics, also known as hazardous air pollutants (HAPs), in National Environmental Policy Act (NEPA) and state-level documents.” Indeed, the health effects of emi ssions of air toxics from airports on the surrounding communities has been studied regarding large California airports under state law. The conclusion is inescapable: the HAPs emitted by airports create health risks to the surrounding communities and any project that increases the emission of HAPs into the air should be analyzed. At the very least, the FAA should require a Hazardous Air Pollutants inventory under its guideline set out in Guidance for Quantifying Speciated Organic Gas Emissions from Airport Sources, (Ver. 1, September 2, 2009) (“HAP Guidance”).52 According to the FAA, the HAP Guidance “provides an approach to, and technical guidance for, preparing speciated OG/HAP emission inventories in support of environmental documents prepared by, or on behalf of, the FAA under the National Environmental Policy Act (NEPA).” With the establishment of HAP Inventory, there would be, at least, a baseline for future health risk assessments showing the deleterious effect that airport emissions have on the surrounding communities. While establishing a HAP Inventory is a step in the right direction, what is needed is a study that quantifies the substantial health risks that HAP emissions resulting from the SoCal Metroplex project present to surrounding communities. Toward that end, a more significant finding is the May 8, 2009, article Between- airport heterogeneity in air toxics emissions associated with individual cancer risk thresholds and population risks, by Ying Zhou and Jonathan I. Levy. In that article, the authors conclude: Using state-of-the-art four-dimensional emissions characterization and atmospheric dispersion modeling, we demonstrated that both the emission rate contributing to a 10-6 maximum individual risk and the total population exposure within 50 km of the airport per unit emissions vary substantially across airports but can be predicted with reasonable precision using easy to 52 In addition, the FAA and the EPA has published the Recommended Best Practice For Quantifying Speciated Organic Gas Emissions From Aircraft Equipped with Turbofan, Turbojet, and Turboprop Engines which details joint efforts between the FAA and the EPA to update OG/HAP speciation profile data from these types of aircraft. 28 obtain variables, such as distance from the airport, total population, and mixing height. These results provide a method to quickly but reasonably determine the likelihood of public health impacts of concern for airport modifications or expansions. Zhou Levy Article, p.10 (emphasis added). In developing their conclusions about air toxics at airports, Zhou and Levy used the AERMOD high resolution atmospheric dispersion model, which is an FAA–approved model. Because of the increase in aircraft flying at low altitudes directly over the City of Malibu, ultrafine particulate matter and various contaminants have increased in the air above Malibu. Consequently, the citizens of Malibu are breathing in more particulate matter and inhaling contaminants that can lead to serious health effects. B. FAA Has the Legal Authority and Duty to Promulgate Rules that Protect People on the Ground from Aircraft Noise and Emissions. 1. FAA’s role as “sovereign of the airspace” means not only managing that space for the benefit of aircraft, but also managing that space to protect people on the ground from aircraft noise and emissions. The Federal Aviation Act gives FAA “sovereignty of airspace of the United States,” 49 U.S.C. § 40103(a)(1). Because of FAA’s sovereignty, federal law bars state and local governments, such as the City of Malibu, from enacting ordinances to protect their own interests and their citizens’ health and welfare from aircraft noise and emissions. See Burbank, 411 U.S. at 633; Burbank-Glendale-Pasadena Airport Authority v. Los Angeles, 979 F.2d 1338, 1340 (9th Cir. 1992). With that authority comes responsibility not only for safety and efficiency of the airspace, but for protection of health and welfare of people on the ground affected by FAA’s exercise of its sovereignty. Burbank, 411 U.S. at 638-639. Protection of Malibu’s public health and welfare from the damaging effects of aircraft noise and emissions, then, rests squarely – and solely – in FAA’s hands. Since Congress and FAA have tied Malibu’s hands from protecting itself and its residents from the public health crisis and economic harm created by aircraft noise, FAA must use its authority and the most up-to-date technical and scientific 29 methods and data to tackle this very real problem by addressing aircraft noise and emissions in its rules, regulations, and orders. 2. The U.S. Constitution and the Administrative Procedure Act provide the basis for FAA to promulgate rules and regulations protecting people on the ground from the effects of aircraft noise and emissions The United States Constitution and the Administrative Procedures Act give Petitioners a basis for petitioning the Secretary. The First Amendment of the U.S. Constitution states that “Congress shall make no law . . . abridging . . . the right of the people . . . to petition Government for a redress of grievances.” U.S. Const., amend. 1. This right has been upheld numerous times by the courts. The right to petition for redress of grievances is among the most precious of the liberties safeguarded by the Bill of Rights. United Mine Workers of America, Dist. 12 v. Illinois State Bar Association, 389 U.S. 217, 222 (1967). It shares the “preferred place” accorded in our system of government to the First Amendment freedoms and has “a sanctity and a sanction not permitting dubious intrusions.” Thomas v. Collins, 323 U.S. 516, 530 (1945). “Any attempt to restrict those First Amendment liberties must be justified by clear public interest, threatened not doubtful or remotely, but by clear and present danger.” Id. The Supreme Court has recognized that the right to petition is logically implicit in, and fundamental to, the very idea of a republican form of government. United States v. Cruikshank, 92 U.S. (2 Otto) 542, 552 (1875). The purposes of the Administrative Procedure Act (5 U.S.C. § 551 et seq.) have been generally described as (1) to require agencies to keep the public informed of their organization, procedures, and rules; (2) to provide for public participation in the rulemaking process; (3) to establish uniform standards for the conduct of formal rulemaking and adjudication; and (4) to define the scope of judicial review. Since this petition falls within the definition of “rule making” (5 U.S.C. § 551), the Administrative Procedure Act applies. 30 3. Under the Federal Aviation Act, FAA has the duty and the authority to promulgate rules governing aircraft in flight and to protect people and property on the ground. The FAA has broad authority and responsibility to regulate the operation of aircraft, using the navigable airspace and to establish safety standards for and regulate the certification of airmen, aircraft, and air carriers. (49 U.S.C. § 40104 et seq., § 40103(b)). The FAA's authority for this rule is contained in 49 U.S.C. § 40103 and § 44715. Under § 40103, the Administrator of the FAA has authority to “prescribe air traffic regulations on the flight of aircraft (including regulations on safe altitudes) for * * * (B) protecting individuals and property on the ground. (49 U.S.C. § 40103(b)(2)). In addition, § 44715(a), provides that to “relieve and protect the public health and welfare from aircraft noise,” the Administrator of the FAA, “as he deems necessary, shall prescribe … (ii) regulations to control and abate aircraft noise ….” This was confirmed in Helicopter Ass'n Int'l, Inc. v. FAA, 722 F.3d 430 (D.C. Cir. 2013) (“HAI”). The court in HAI also pointed out that the Federal Aviation Act does not require that “air safety be the primary goal of all FAA regulations” and then points to the U.S. Supreme Court’s statement that the “Federal Aviation Act requires a delicate balance between safety and efficiency and the protection of persons on the ground.” Id. at 434. IV. Proposed Actions. A. FAA’s Response to the Problems Has Been Inadequate. While the SoCal Metroplex procedures have been amended since their implementation in 2017, none of the amendments have addressed the problems of aircraft noise and emissions on people who live and work underneath the flight paths. Since FAA issued its Draft Environmental Assessment for the SoCal Metroplex project in June 2015, many parties commented on these very problems. Those comments were mostly ignored by FAA when it issued its Final Environmental Assessment, Finding of No Significant Impact and Record of Decision. Since the implementation of the SoCal Metroplex procedures, additional proposals have been made to the LAX Aircraft Noise Roundtable, but all have been rejected by FAA. There has also been litigation seeking to call the FAA’s attention to this serious problem, but FAA has yet to act. 31 The FAA has always claimed that protection of the health and well-being of the people who live under the flight paths is not part of its mission, despite its specific duty to do so. 49 U.S.C. § 40103 and § 44715. FAA has made it clear that its only concern is “safety and efficiency” in the airspace, and not protection of public health and welfare. To the extent that there is any increase in noise or emissions, FAA has disavowed responsibility for mitigating any such noise or emission. Instead, it points its finger at the airlines and airports for the increase in volume of air traffic and resulting impacts on people. FAA also claims that aircraft noise has been reduced through programs such as the voluntary “Part 150” program, which provides money to airports to pay for noise mitigation, and modifications to aircraft. These claims fall flat. Once an aircraft lifts off from the ground, the FAA is the only entity that has control over how that aircraft operates. FAA decides where in the airspace aircraft can go and over what neighborhoods they can fly. As United States Supreme Court Justice Jackson pointed out over 75 years ago: “Planes do not wander about in the sky like vagrant clouds. They move only by federal permission, subject to federal inspection, in the hands of federally certified personnel and under an intricate system of federal commands. The moment a ship taxis onto a runway it is caught up in an elaborate and detailed system of controls. It takes off only by instruction from the control tower, it travels on prescribed beams, it may be diverted from its intended landing, and it obeys signals and orders.” Nw. Airlines, Inc. v. Minnesota, 322 U.S. 292, 303 (1944) (Jackson, J., concurring). B. Proposals. While the City of Malibu believes that solutions to the issues presented by the increase in overflights above Malibu are best left to the FAA to develop due to its expertise and regulatory authority, the following specific proposals would significantly address them. 1. Supplemental Environmental Assessment to assess and analyze the environmental impacts of the SoCal Metroplex project on Southern California. As discussed in subsequent sections, new information about the impacts of the RNAV routes shows the FAA needs to reconsider its prior evaluations of the 32 impacts of the Southern California Metroplex. NEPA regulations and FAA’s own Order 1050.1F require that FAA develop a supplemental EA or Environmental Impact Statement when there is significant new information relevant to environmental impacts from its action. The responsible FAA official must prepare a supplemental EA, draft EIS, or final EIS if either of the following occurs: (1) there are substantial changes to the proposed action that are relevant to environmental concerns, or (2) there are significant new circumstances or information relevant to environmental concerns and bearing on the proposed action or its impacts (see 40 C.F.R. §1502.9(c)(1), CEQ Regulations). Significant information is information that paints a dramatically different picture of impacts compared to the description of impacts in the EA or EIS. The FAA also may prepare supplements when the purposes of NEPA will be furthered by doing so (see 40 CFR § 1502.9(c)(2), CEQ Regulations). FAA Order 1050.1F, Environmental Impacts, Policies and Procedures (2015) at ¶ 9- 3. Under Section 4(f) of the U.S. Department of Transportation Act of 1966,53 an analysis of Section 4(f) resources (such as parks, recreation lands, wildlife, and historic sites) is required in each NEPA analysis (see FAA Order 1050.1F, ¶ 10-2, 1050.1F Desk Reference at Chapter 5), if there is new information about Section 4(f) resource the impacts must be re-evaluated, and the analysis supplemented. The regulations implementing Section 106 of the National Historic Preservation Act (“NHPA”) also require that agencies reinitiate Section 106 consultation when new information becomes available showing that conclusions in the original consultation document regarding the impacts on historic properties were incorrect. The regulations also require FAA to “make reasonable efforts to avoid, minimize or mitigate adverse effects to such properties.” See 36 C.F.R. § 800.13(b). New significant information that has come to light within the last decade, namely, aircraft noise health studies, aircraft emission health studies, the development of ISO 1996-1:2016, and the NES, indicate that the noise analysis conducted for the Southern California Metroplex is inadequate to properly assess the impact of noise on the affected population in general and the City of Malibu in 53 49 U.S.C. § 303 was originally enacted as Section 4(f) of the Department of Transportation Act of 1966 and is still commonly referred to as "Section 4(f)". 33 particular. As such, a Supplemental Environmental Assessment should be performed that focuses on RNAV arrivals at LAX. As part of that Supplemental EA, FAA should conduct an ISO 1996-1:2016 analysis, conduct a Health Impact Assessment and adjust the thresholds of significance to comply with the findings of the NES. 2. Amend FAA Order 1050.1F to address unresolved issues with aircraft noise and emissions. To better assess the impact of aircraft noise and emissions from procedures and to provide relief to Malibu, FAA must amend its Order 1050.1F, and its companion “Desk Reference.” FAA Order 1050.1F must be amended in at least three ways: (1) the “thresholds of significance” must be updated to reflect the findings of the Neighborhood Environmental Survey; (2) FAA must conduct a Health Impact Assessment on the health impacts of aircraft noise and emissions on the affected communities when creating or amending flight procedures; and (3) ISO 1996-1:2016 must be used as part of FAA’s environmental assessment process to better analyze the effect of aircraft noise on communities. a. Thresholds of Significance. The FAA’s current method of determining the impact of noise created by aircraft on communities, the “Day-Night average Sound Level” (DNL), was developed in 1970’s. Then, in 1992, the Federal Interagency Committee on Noise (FICON) adopted the “Schultz Curve,” which shows a dosage-response relationship linking transportation noise exposure to the prevalence of a consequential degree of transportation noise-induced annoyance in communities. This helped to establish the FAA’s “thresholds of significance” in assessing the impact aviation noise would have on communities on the ground. These thresholds were based on the amount noise created by passing airplanes. Experts now agree that the Schultz Curve is obsolete. Despite that fact, the FAA continues to use the Schultz Curve as a basis for its decisions whether a project will have a “significant impact” on a community. In 2021, FAA released the findings of its long-awaited Neighborhood Environmental Survey (NES), which was conducted to improve the agency’s understanding of community response to aircraft noise and provides the scientific basis for the determination that FAA must update its 40-year-old aircraft noise policy. The survey, done to assess community annoyance to aircraft noise, consisted 34 of over 10,000 mail responses in communities around 20 “statistically representative” airports across the United States. To date, it is the largest survey of its kind undertaken at one time. Despite the survey showing that FAA’s aircraft noise policy is severely outdated, FAA has decided not to take any action in the short run that would offer relief to people suffering from aircraft noise and emissions. Instead, FAA said it “will not make any determinations based on the findings of these research programs for the FAA’s noise policies including any potential revised use of the DNL noise metric, until it has carefully considered public and other stakeholder input along with any additional research needed to improve the understanding of the effects of aircraft noise exposure on communities.” These proposals offer FAA a path forward to address community concerns based on FAA’s conclusions in NES. b. Require Health Impact Assessment. The United States Environmental Protection Agency (EPA) uses Health Impact Assessments (HIA) as a tool to promote sustainable and healthy communities. EPA has long concluded that the foundation of a healthy community is strongest when built upon a decision-making process that balances environmental, social, and economic factors to promote the health and well-being of its members. An HIA is a tool designed to investigate how a proposed program, project, policy, or plan may affect health and well-being and inform decision-makers of these potential outcomes before the decision is made. The FAA should use an HIA: • To determine the potential effects of a proposed decision on the health of a population and the distribution of those effects within the population; • consider input from stakeholders, including those affected by the decision; • use different types of qualitative and quantitative evidence and analytical methods; • Use such analytical methods that are flexible based on available time and resources; and 35 • provide evidence and recommendations to decision-makers in a timely manner. HIAs consider the full range of potential impacts of the proposed decision on health and the factors known to affect human health (known as health determinants) directly and indirectly. HIAs provide recommendations for maximizing the potential positive health impacts and minimizing and/or avoiding the potential negative health impacts of the decision. In addition to promoting human health considerations, HIAs also encourage democracy, health equity, a comprehensive approach to individual and community health, and sustainability in decision-making. The FAA has a legal and moral duty to protect human health and the environment. Every day the FAA makes critical decisions about the risks of exposures to environmental stressors on human health. Yet, the FAA does not have a program that develops and applies state-of-the-science research to characterize impacts on human and ecological systems – whether they result from exposure to single, complex, or multiple physical, chemical, or biological stressors – to support and improve FAA’s risk assessment decisions. The FAA must develop a program that identifies, evaluates, and integrates existing and emerging information from diverse scientific disciplines to rigorously characterize hazard and evaluate exposure-response relationships supporting human health and environmental risk assessments. Overall, federal agencies’ analysis of health effects under the National Environmental Policy Act (NEPA) has been limited. To date, neither the Council on Environmental Quality (CEQ) nor federal agencies that comply with NEPA have produced guidance on the analysis of health effects. However, the lack of guidance on analyzing public-health effects does not diminish the legal requirement to consider health in an environmental impact statement or environmental assessment. To address those deficiencies, Malibu proposes that FAA Order 1050.1F be amended to include a section requiring a Health Impact Assessment. Further, Malibu requests that a Health Impact Assessment be conducted regarding the flight procedures over Malibu. 36 c. Amend FAA Order 1050.1F to Require the Use of ISO 1996-1 in all environmental decisions. To understand the disconnect between the FAA’s methods and the experience on the ground, it is necessary to review why the FAA uses the methods it has. The Airport Safety and Noise Act (“ASNA”) of 1979 (Public Law 96-193) required the Secretary of Transportation to identify a single, universally applicable aircraft noise measurement system. ASNA also required the Secretary of Transportation to “establish a single system for measuring noise that… has a highly reliable relationship between projected noise exposure and surveyed reactions of individuals to noise.”54 Six years after Congress passed ASNA, the FAA formally endorsed the Environmental Protection Agency’s (EPA’s) cumulative 24-hour, time-weighted average measure of A-weighted sound levels in Part 150 of the Federal Aviation Regulations. The measure is known as the “Day-Night Average Sound Level” (DNL) and is represented symbolically in mathematical expressions as Ldn.55 The rationale for FAA noise regulatory policy is described by the Federal Interagency Committee on Noise (“FICON”) in 1992. FICON states that “…the percent of the exposed population expected to be highly annoyed (%HA) [is] the most useful metric for characterizing or assessing noise impact on people,” and that “…the updated ‘Schultz curve’ remains the best available source of empirical dosage-effect information to predict community response to transportation noise.” The “Schultz curve,” in sum, is an early dosage-response curve method used to describe noise exposure annoyance relationships. The original analysis by Schultz has been revisited several times in subsequent decades and is now obsolete.”56 FICON’s reliance on the Schultz curve, which, experts agree had become obsolete by 1992 created dosage-response relationships that uses a descriptive approach to predict annoyance due to aircraft noise exposure that is blind to bona fide differences among communities regarding aircraft noise annoyance. Fidell’s article, cited in footnote 54, argues that a “one-size-fits-all, regression-based dosage- response relationship can greatly overestimate annoyance in actual communities of 54 “A Review of U.S. Aircraft Noise Regulatory Policy,” Sanford Fidell (Fall 2015), https://acousticstoday.org/wp-content/uploads/2015/11/Aircraft-Noise-Regs.pdf (last accessed March 8, 2021). 55 Id, at p.28. 56 Id, at p.28. 37 greater than average tolerance for noise exposure. It also underestimates annoyance in actual communities of lesser than average tolerance for noise exposure.”57 The empirical data from the past few years shows that the FAA’s definitions of noise exposure do not protect the supposed percentage of people in most U.S. communities from exposure to highly annoying and detrimental aircraft noise. As Fidell points out “[t]he FAA’s constant numerical definition of significant noise impacts does not recognize empirically measurable differences in tolerance for noise exposure among communities, and thus does not provide a uniform effect on a national basis.”58 In actual application, as evidenced by the plethora of noise complaints across the nation, the FAA’s definition of the significance of aircraft noise exposure affords little protection of noise-exposed populations in many communities from consequential degrees of annoyance and detriment due to aviation noise. What is needed here is a method that analyzes population percentages in different communities associated with particular definitions of noise impacts. A method that can ascertain by specifying two parameters, the percentage of the population of a nominally average community to be protected from high annoyance and detriment, and the percentage of people in all communities to be similarly protected, can properly gauge the efficacy and efficiency of regulatory policies expressed in acoustic units. This method is ISO 1996-1:2016. The International Organization for Standardization (ISO) produces international standards. An international standard “provides rules, guidelines or characteristics for activities or for their results, aimed at achieving the optimum degree of order in a given context.”59 ISO 1996-1:2016 “Description, Measurement and Assessment of Environmental Noise – Part 1: Basic Quantities and Assessment Procedures,” was published in March 2016, five months before the publication of the SoCal Metroplex Environmental Assessment. ISO 1996-1:2016 defines the basic quantities to be used for the description of noise in community environments and describes basic assessment procedures. It also specifies methods to assess environmental noise and gives guidance on predicting the potential annoyance response of a community to long-term exposure from various types of environmental noises. Application of ISO 1996-1:2016 to predict annoyance response is limited to areas where people reside and to related long-term land uses. ISO 1996-1:2016 and 57 Id., at p.32. 58 Id., at p.33. 59 https://www.iso.org/deliverables-all.html 38 its companion ISO 1996-2:2016, have been approved for use by the ISO countries, which includes the United States. As with all ISO standards, ISO 1996-1:2016 represents the best scientific practices. ISO 1996-1:2016 states in its introduction that “[its] broad aim . . . is to contribute to the international harmonization of methods of description, measurement, and assessment of environmental noise from all sources.” The introduction adds, “the aim of the ISO 1996 series is to provide authorities with material for the description and assessment of noise in community environments. Based on the principles described in this part of ISO 1996, national standards, regulations, and corresponding acceptable limits for noise can be developed. The methods and procedures described in Part 1 of the ISO 1996 are intended to be applicable to noise from various sources,”60 not just those emanating from aircrafts. Relevant passages in the findings of ISO 1996-1:2016 explain how governmental agencies should assess noise in affected communities: o Annex A:  “It is usually found that for the same equivalent continuous sound pressure level, aircraft noise is more annoying than road- traffic noise.”  Discusses Community Tolerance Level variable in depth (“LCT”) and adjustments to such variable. o Annex D:  In newly created situations, especially when the community is not familiar with the sound source in question, higher community annoyance can be expected. This difference may be equivalent to up to 5 dB. Research has shown that there is a greater expectation for and value placed on “peace and quiet” in quiet rural settings. In quiet rural areas, this greater expectation for “peace and quiet” may be equivalent to up to 10 dB. 60 ISO Part 1 - Introduction 39  A new, unfamiliar sound source cited in a quiet rural area can engender much greater annoyance levels than are normally estimated by these formulae. This increase in annoyance may be equivalent to adding up to 15 dB to the measured or predicted levels. o Annex E: Estimated prevalence of a population highly annoyed as a function of adjusted day-evening-night or day-night sound levels using the community tolerance level formulation.  E.1 (Aircraft Noise), Table E.1 and Figure E.1. o Annex F: Estimated prevalence of a population highly annoyed as a function of adjusted day-evening-night or day-night sound level using a regression formulation.  F.1 Aircraft Noise – introduces prevalence of high annoyance variable (PHA). o Annex H:  Theory-based approach to predict the growth of annoyance.  The community tolerance level is explained in Annex H to ISO Part 1 as part of a theory-based approach to predict the growth of annoyance. Thus, ISO 1996-1:2016 corrects the deficiencies of the Schultz curve and the reliance on the Schultz curve. ISO 1996-1:2016 gives policymakers a much more accurate view of community tolerance levels of noise. The additional variable used in ISO 1996-1:2016 is the community tolerance level or (“LCT”). This variable, as explained in ISO Part 1, is the “day-night sound level at which 50% of the people in a particular community are predicted to be highly annoyed by noise exposure.” Note 1 to ISO Part 1 states that LCT is used as a parameter that accounts for differences between sources and/or communities when predicting the percentage of people in a community highly annoyed by noise exposure. It is worth reiterating that Annex D to ISO 1996 Part 1 states that in newly created situations, especially when the community is not familiar with this sound source, higher community annoyance can be expected. This difference may equal up to 5 dB. Research has 40 shown there is a greater expectation for and value placed on “peace and quiet” in quiet rural settings. In quiet rural areas, this greater expectation for “peace and quiet” may equal up to 10 dB. A new, unfamiliar sound source cited in a quiet rural area can engender much greater annoyance levels than are normally estimated by these formulae. This increase in annoyance may be equivalent to adding up to 15 dB to the measured or predicted levels.61 Malibu’s Vision and Mission statements focus on its rural characteristics and call on the City to preserve its rural characteristics and “maintain its rural character.”62 It is naturally isolated from greater Los Angeles by the Santa Monica Mountains and Pacific Ocean, and is characterized by natural open space and a quiet environment save for the sound of waves crashing on the shore. Before the Southern California Metroplex Project was implemented, residents of the City of Malibu experienced only low levels of aircraft noise. For these reasons, ISO Part 1 suggests that in the City of Malibu, higher community annoyance can be expected. However, this suggestion would be disregarded under the FAA’s current noise model. Thus, based on the inherent value of ISO 1996-1:2016, FAA must be required to comply with ISO standards. All duly passed ISO standards concerning noise and its measurement should be required to be used by the FAA in its evaluation of environmental impacts required under the National Environmental Policy Act. 3. Create a Special Flight Rules Airspace over Malibu to address the impacts of the Project on Malibu residents. To address the impacts that the residents of Malibu are experiencing, FAA should create a Special Flight Rules Airspace over Malibu to protect the public health and welfare of the residents of Malibu. This request is similar to the request that the residents of the North Shore of Long Island submitted in its Petition for Rulemaking that resulted in the North Shore Helicopter Route. See HAI, 722 F.3d 430. The FAA’s authority to make such a change was upheld in HAI where the court pointed out that the “FAA found that ‘residents along the north shore of Long Island emphatically agreed that helicopter overflights during the summer months are unbearable and negatively impact their quality of life.’” Id. at 432. On this basis, the Court found, the FAA made the North Shore Helicopter route mandatory, even 61 Id, at Annex D - D4.4. 62 Malibu General Plan Section I.0 41 though “‘[t]he FAA found that the sound levels, which were below DNL 45 dB, were ‘below levels at which homes are significantly impacted.’” Id. Malibu requests the same consideration that the North Shore of Long Island was given. V. Proposed Language for Rulemaking. A. Proposed Supplemental Environmental Assessment. The Federal Aviation Administration will issue a Notice of Intent (NOI) to prepare a Supplemental Draft Environmental Assessment (SEA) for the Southern California Metroplex Project (SoCal Metroplex) pursuant to the National Environmental Policy Act (NEPA). A Final Environmental Assessment was issued on August 31, 2016. Since that time, new and significant data has been discovered regarding the effects of aircraft noise on communities under flight paths and calling into question the FAA’s decision in the SoCal Metroplex that there would be no significant environmental impact on the people living under the new flight paths. As a result of the new and significant studies discussing such data, it would serve the purposes of the National Environmental Policy Act for FAA to conduct a Supplemental Environmental Assessment to ensure that no significant environmental impact has been occurring underneath the flight paths using new “thresholds of significance,” ISO 1996-1:2016, and a Health Impact Assessment. Should FAA find that its initial assessment was incorrect and there will, in fact, be a significant impact, it should then develop a mitigation program or develop alternative flight procedures. B. Proposed Amendments to FAA Order 1050.1F. 1. Thresholds of Significance. FAA Order 1050.1F, Environmental Impacts: Policies and Procedures, shall be amended in the following sections to account for the changes suggested by the outcome of the Neighborhood Environmental Survey. Exhibit 4-1, in the Chart under “Noise and Noise Compatible Land Use” in the “Significance Threshold” column: The action would increase noise by DNL 1.5 dB or more for a noise sensitive area at or above DNL 45 dB noise exposure level, or that will be exposed at or 42 above the DNL 45 dB level due to a DNL 1.5 dB or greater increase, when compared to the no action alternative for the time frame. For example, an increase from DNL 45.5 dB to 47 dB is considered a significant increase, as is an increase from DNL 43.5 dB to 45 dB. And in the “Factors to Consider” column: Special consideration needs to be given to the evaluation of the significance of noise impacts on noise sensitive areas within Section 4(f) properties (including, but not limited to, noise sensitive areas within national parks; national wildlife and waterfowl refuges; and historic sites, including traditional cultural properties) where the land use compatibility guidelines in 14 CFR part 150 are not relevant to the value, significance, and enjoyment of the area in question. For example, the DNL 45 dB threshold does not adequately address the impacts of noise on visitors to areas within a national park or national wildlife and waterfowl refuge where other noise is very low and a quiet setting is a generally recognized purpose and attribute. Next, in § 11-5, “Definitions,” subsection (10), “Noise Sensitive Area,” should be amended to read: An area where noise interferes with normal activities associated with its use. Normally, noise sensitive areas include residential, educational, health, and religious structures and sites, and parks, recreational areas, areas with wilderness characteristics, wildlife and waterfowl refuges, and cultural and historical sites. For example, in the context of noise from airplanes and helicopters, noise sensitive areas include such areas within the DNL 45 dB noise contour. Individual, isolated, residential structures may be considered compatible within the DNL 45 dB noise contour where the primary use of land is agricultural and adequate noise attenuation is provided. Also, transient residential use such as motels should be considered compatible within the DNL 45 dB noise contour where adequate noise attenuation is provided. A site that is unacceptable for outside use may be compatible for use inside of a structure, provided adequate noise attenuation features are built into that structure (see table 1 in Appendix A of 14 CFR part 150, Airport Noise Planning, Land Use Compatibility Guidelines). The FAA recognizes that there are settings where the DNL 45 dB standard may not apply. In these areas, the responsible FAA official should determine the 43 appropriate noise assessment criteria based on specific uses in that area (see also the 1050.1F Desk Reference for further guidance). In the context of facilities and equipment, such as emergency generators or explosives firing ranges, but not including aircraft, noise sensitive areas may include such sites in the immediate vicinity of operations mentioned immediately above, pursuant to the Noise Control Act of 1972, 42 U.S.C. §§ 4901–4918 (see state and local ordinances, which may be used as guidelines for evaluating noise impacts from operation of such facilities and equipment). Third, the third sentence of the first paragraph of § B-1.3 “Affected Environment” shall be amended to read: “An airport environs study area must be large enough to include the area within the DNL 45 decibels (dB) contour and may be larger.” First bullet point after the fourth paragraph should read: “DNL contours or noise grid points showing existing aircraft noise levels. Noise exposure contours must include DNL 45, 50, 55, 60-, 65-, 70-, and 75-dB levels (additional contours may be provided on a case-by-case basis).” The second bullet point on the same page and paragraph should read in its entirety: “The number of residences or people residing within each noise contour where aircraft noise exposure is at or above DNL 45 dB” (the remainder of the text in the current bullet point should be deleted). Fourth, the second paragraph of § B-1.4 “Environmental Consequences.” shall be amended to read: For proposed airport development and other actions in the immediate vicinity of an airport, the AEDT is used to provide noise exposure contours at the DNL 45, 50, 55, 60, 65, 70, and 75 dB levels (additional contours may be provided on a case-by-case basis). For all comparisons analyzed, the analysis will identify noise increases of DNL 1.5 dB or more over noise sensitive areas that are exposed to noise at or above the DNL 45 dB noise exposure level, or that would be exposed at or above the DNL 45 dB level due to a 1.5 dB or greater increase, when compared to the no action alternative for the same timeframe. The bullet points in the third paragraph of the same section shall amended to read: • The number of residences or people residing within each noise contour where aircraft noise exposure is at or above DNL 45 dB and the net 44 increase or decrease in the number of people or residences exposed to that level of noise; • The location and number of noise sensitive uses in addition to residences (e.g., schools, hospitals, parks, recreation areas) exposed to DNL 45 dB or greater; • The identification of noise sensitive areas within the DNL 40 dB contour that are exposed to aircraft noise at or above DNL 40 dB but below DNL 45 dB and are projected to experience a noise increase of DNL 3 dB or more, only when DNL 1.5 dB increases are documented within the DNL 45 dB contour; • Discussion of the noise impact on noise sensitive areas within the DNL 45 dB contour; and • Maps and other means to depict land uses within the noise study area. The addition of flight tracks is helpful. Illustrations should be sufficiently large and clear to be readily understood. The bullet points in the fifth paragraph of the same section on the same page should be amended to read: • For DNL 45 dB and higher: +1.5 dB • For DNL 40 dB to <45 dB: +3 dB • For DNL <40 dB: +5 dB The sixth paragraph of the same section should be amended to read: The location and number of noise sensitive uses (e.g., schools, churches, hospitals, parks, recreation areas, etc.) exposed to DNL 45dB or greater must be disclosed for each modeling scenario that is analyzed. Fifth, the first paragraph of § B-1.5, “Significance Determination” shall be amended to read: Exhibit 4-1 of FAA Order 1050.1F provides the FAA’s significance threshold for noise: The action would increase noise by DNL 1.5 dB or more for a noise sensitive area that is exposed to noise at or above the DNL 45 dB noise exposure level, or that will be exposed at or above the DNL 45 dB level due to a 1.5 dB or greater increase, when compared to the no action alternative for the same timeframe. For example, an increase from DNL 45.5 dB to 47 dB is 45 considered a significant impact, as is an increase from DNL 43.5 dB to 45 dB. The determination of significance must be obtained through the use of noise contours and/or grid point analysis along with local land use information and general guidance contained in Appendix A of 14 CFR part 150. The last sentence of the second paragraph should be amended to read: “For example, the DNL 45 dB threshold may not adequately address the impacts of noise on visitors to areas within a publicly owned park or recreation area where other noise is very low and a quiet setting is a generally recognized purpose and attribute.” Sixth, the third paragraph of § B-1.13. “Noise Mitigation,” shall be amended to read as follows: When a noise analysis in the immediate vicinity of an airport identifies noise sensitive areas that would have an increase of DNL 3 dB or more from DNL 40 dB up to DNL 45 dB noise exposure, the potential for mitigating noise in those areas should be considered, including consideration of the same range of mitigation options available at DNL 45 dB and higher and eligibility for Federal funding. This is not to be interpreted as a commitment to fund or otherwise implement mitigation measures in any particular area. 2. Require use of ISO 1996-1:2016. Section 11.1.3, “FAA Aircraft Noise Screening Tools and Methodologies,” shall be amended to include a bullet requiring the use of ISO 1996-1:2016 in assessing noise impact on communities. ● ISO 1996-1:2016, Acoustics — Description, measurement and assessment of environmental noise. Community response to noise can vary differently among sound sources that are observed to have the same acoustic levels. ISO 1996-1:2016 defines the basic quantities to be used for the description of noise in community environments and describes basic assessment procedures. It also specifies methods to assess environmental noise and gives guidance on predicting the potential annoyance response of a community to long-term exposure from various types of environmental noises. The sound sources can be separate or in various combinations. FAA will 46 apply this method to predict annoyance response in communities affected by aircraft noise. 3. Require development of a Health Impact Assessment. FAA Order 1050.1F shall be amended to include a section 18 requiring the development of a Health Impact Assessment during any environmental analysis of FAA projects that are not categorically excluded. 18. Health Impact Assessment Required. 18.1 Purposes. The purposes of a Health Impact Assessment are— 18.1.1 to facilitate the involvement of tribal, State, and local public health officials in decisions affecting the airspace environment to identify any potential health concern or health benefit relating to an activity or proposed activity; 18.1.2 to provide for an investigation of any health-related issue of concern raised in a planning process, an environmental impact assessment process, or policy appraisal relating to a proposed activity; 18.1.3 to describe and compare alternatives (including no-action alternatives) to a proposed activity to provide clarification with respect to the potential health outcomes associated with the proposed activity and, where appropriate, to the related benefit-cost or cost-effectiveness of the proposed activity and alternatives; 18.1.4 to contribute, when applicable, to the findings of a planning process, policy appraisal, or an environmental impact statement with respect to the terms and conditions of implementing a proposed activity or related mitigation recommendations, as necessary; 18.1.5 to ensure that the disproportionate distribution of negative impacts among vulnerable populations is minimized as much as possible; and 18.1.6 to engage affected community members and ensure adequate opportunity for public comment on all stages of the Health Impact Assessment. 47 18.2 Activities 18.2.1 In General. FAA shall conduct an evaluation of any proposed activity to determine whether it will have a significant adverse or positive effect on the health of the affected population based on the criteria described in 18.2.2. 18.2.2 Criteria. The criteria described in this subparagraph include, as applicable to the proposed activity, the following: 18.2.2.1 Any substantial adverse effect or significant health benefit on health outcomes or factors known to influence health, including the following: 18.2.2.1.1 Physical activity. 18.2.2.1.2 Injury. 18.2.2.1.3 Mental health. 18.2.2.1.4 Accessibility to health-promoting goods and services. 18.2.2.1.5 Respiratory health. 18.2.2.1.6 Chronic disease. 18.2.2.1.7 Nutrition. 18.2.2.1.8 Land use changes that promote local, sustainable food sources. 18.2.2.1.9 Infectious disease. 18.2.2.1.10 Health disparities; and 18.2.2.1.11 Existing air quality, ground or surface water quality or quantity, or noise levels. 48 18.2.2.2 Other factors that may be considered, including— 18.2.2.2.1 the potential for a proposed activity to result in systems failure that leads to a public health emergency; 18.2.2.2.2 the probability that the proposed activity will result in a significant increase in tourism, economic development, or employment in the jurisdiction of the eligible entity; 18.2.2.2.3 any other significant potential hazard or enhancement to human health, as determined by the eligible entity; or 18.2.2.2.4 whether the evaluation of a proposed activity would duplicate another analysis or study being undertaken in conjunction with the proposed activity. 18.3 Factors for Consideration. In evaluating a proposed activity under 18.2, FAA shall take into consideration any reasonable, direct, indirect, or cumulative effect that can be clearly related to potential health effects and that is related to the proposed activity, including the effect of any action that is— 18.3.1 included in the long-range plan relating to the proposed activity; 18.3.2 likely to be carried out in coordination with the proposed activity; 18.3.3 dependent on the occurrence of the proposed activity; or 18.3.4 likely to have a disproportionate impact on high-risk or vulnerable populations. 18.4 Requirements. 49 A Health Impact Assessment shall incorporate the following, after conducting the screening phase: 18.4.1 Scoping. Identifying which health effects to consider and the research methods to be utilized. 18.4.2 Assessing Risks and Benefits. Assessing the baseline health status and factors known to influence the health status in the affected community, which may include aggregating and synthesizing existing health assessment evidence and data from the community. 18.4.3 Developing Recommendations. Suggesting changes to the proposed activity to promote positive or mitigate adverse health effects. 18.4.4 Reporting. Synthesizing the assessment and recommendations and communicating the results to decisionmakers. 18.4.5 Monitoring and Evaluating. Tracking the decision and implementation effect on health determinants and health status. 18.5 Plan. FAA shall develop and implement a plan for meaningful and inclusive stakeholder involvement in all phases of the Health Impact Assessment. Stakeholders may include community-based organizations, youth-serving organizations, planners, public health experts, State and local public health departments and officials, health care experts or officials, housing experts or officials, and transportation experts or officials. 18.6 Submission of Findings. FAA shall submit the findings of any Health Impact Assessment activities to the Administrator prior to making any decision regarding the proposed activity and make these findings publicly available. 50 18.7 Assessment of Impacts. FAA shall ensure the assessment of the distribution of health impacts (related to the proposed activity) across race, ethnicity, income, age, gender, disability status, and geography. 18.8 Conduct of Assessment. To the greatest extent feasible, a Health Impact Assessment shall be conducted under this section in a manner that respects the needs and timing of the decision-making process it evaluates. 18.9 Methodology. In preparing a Health Impact Assessment under this subsection, an eligible entity or partner shall follow the guidance developed and published by the United States Environmental Protection Agency. C. Changes to Usage of Airspace: Creation of Special Flight Rules Area over Malibu. In addition to the above Supplemental Environmental Assessment and amendments to FAA Order 1050.1F, FAA shall create a Special Flight Rules Area over Malibu and the surrounding Santa Monica Mountains area. This Special Flight Rules Area will be promulgated as part of the Federal Aviation Regulations at 14 C.F.R., Part 93, Special Air Traffic Rules. 93.XX1 Applicability This subpart prescribes special air traffic rules for aircraft conducting operations in the Malibu, California Special Flight Rules Area. 93.XX2 Description of area The Malibu Special Flight Rules Area is designated as that part of Area A of the Los Angeles Class B airspace area at 3,000 feet above mean sea level (MSL), beginning at lat. 34°7′48.85″ N, long. 118°50′42.74″ W, then southbound to lat. 33°59′5.01″ N, long. 118°52′32.47″ W, then eastbound lat. 34°0′40.45″ N, long. 118°29′57.67″ W, 51 then bound to lat. 34°7′37.40″ N, long. 118°31′4.92″ W, then westbound to the point of beginning. 93.XX3 Aircraft Operation (a) Each person piloting an aircraft within the [Malibu Airspace] shall remain on the route at the published altitude. (b) Pilots may deviate from the route and altitude requirements of paragraph (a) of this section only when necessary for safety, or weather conditions. (c) Each person piloting an aircraft within the Malibu Airspace shall comply with the rules established in 93.XX4. 93.XX4 – Noise Monitoring within the Malibu Airspace 93.XX4(a) Definitions (i) Commercial Air Carrier Aircraft, for the purposes of this Division, shall mean those aircraft operated as a federally certificated air carrier. (ii) dB, A-weighted sound pressure level or A-level shall mean, for the purposes of this Division, the sound pressure level as measured using the slow dynamic characteristic for sound level meters specified in American National Standard Specification for Sound Level Meters, (ANSI S 1.4-1983, Type 1 for Aircraft Noise Measurement), which is hereby incorporated by reference. The A-weighting characteristic modifies the frequency response of the measuring instrument to account approximately for the frequency characteristics of the human ear. The reference pressure is 20 micronewtons/square meter (2 x 10-4 micro- bar). (iii) General Aviation Aircraft, for the purposes of this article, shall mean all other aircraft operated within the Malibu Airspace, except those exempted under Section 93.XX4(d). (iv) Single Event Noise Exposure Level ("SENEL"): The single event noise exposure level, in decibels, for the purposes of this Division, shall mean the noise exposure level of a single event, such as an aircraft flyby, measured over the time interval between the initial and final times for which the noise level of a single event exceeds a predetermined threshold noise level. For implementation of this Section, the threshold noise level shall be at least ten (10) decibels below the numerical 52 value of the single event noise exposure level limits specified in Sections 93.XX4(b) and 93.XX4(c), as the case may be. Specific SENEL limitations, for purposes of this article, shall be determined at each noise monitoring station without "trade-offs" between noise monitoring stations. 93.XX4(b) Commercial airline operations (i) No person may engage in commercial airline operations within the Malibu Airspace if such aircraft generate a SENEL level at or above 86.6 dB at any of the noise monitoring stations (“NMS”). (ii) The location of the NMS shall be located at terrestrial coordinates for each waypoint located within the Malibu Airspace. If a waypoint is located within the Malibu Airspace but over water or otherwise inaccessible, then the noise monitoring station will be located at the nearest suitable point on land due north of the waypoint. 93.XX4(c) General aviation operations (i) No person shall operate any general aviation aircraft within the Malibu Airspace if it generates a SENEL level at or above 86.6 dB, at any of the NMS. (ii) The location of the noise monitoring stations shall be located at terrestrial coordinates for each waypoint located within the Malibu Airspace. If a waypoint is located within the Malibu Airspace but over water, then the noise monitoring station will be located at the nearest suitable point on land due north of the waypoint. 93.XX4(d) Exemption The following categories of aircraft shall be exempt from the provisions of Sections 93.XX5(b) and 93.XX5(c): (i) Aircraft operated by the United States of America or the State of California; (ii) Law enforcement, emergency, fire, or rescue aircraft operated by any county or city of said state; 53 (iii) Aircraft used for emergency purposes during an emergency which has been officially proclaimed by competent authority pursuant to the laws of the United States, said State, or the County; (iv) Civil Air Patrol aircraft when engaged in actual search and rescue missions; (v) Emergency aircraft flights for medical purposes by persons who provide emergency medical care, provided written information concerning dire emergency is submitted to the FAA Administrator for all emergency aircraft flights within seventy-two (72) hours prior to or after the departure or arrival of the aircraft. 93.XX4(e) Enforcement officials The FAA Administrator, and such other FAA employees as are designated by the FAA Administrator and who are acting under the direction and control of the FAA Administrator are authorized to enforce the provisions of this Division. 93.XX4(f) Enforcement procedures a Violation of Section 93.XX5(b) or 93.XX5(c) of this Division shall be a violation of the Federal Aviation Regulations and enforcement of these regulations shall follow the procedures set forth in 14 C.F.R. Part 13, Investigative and Enforcement Procedures, including the allowance for a civil penalty pursuant to 49 U.S.C. § 46301 for violations of these regulations. 54 VI. CONCLUSION Federal law requires the Federal Aviation Administration Administrator to give this petition prompt consideration. Additionally, under the Administrative Procedure Act “agency action” is defined to include “the whole or part of an agency rule, order, license, sanction, relief, or the equivalent denial there of or failure to act.” Therefore, Petitioners are requesting a substantive response to this petition within one hundred eighty (180) calendar days.63 Dated: February 9, 2022 Respectfully submitted, LEECH TISHMAN FUSCALDO & LAMPL, INC. Steven M. Taber LEECH TISHMAN FUSCALDO & LAMPL, INC. 200 South Los Robles Ave., Suite 300 Pasadena, California 91101 (626) 796-4000 (phone) (626) 795-6321 (fax) staber@leechtishman.com Counsel for Petitioner City of Malibu, California 63 Petitioners note that a response period of 180 days has been deemed “reasonable” under the APA. See 42 U.S.C. § 7604(a) requiring notice of 180 days prior to commencement of an action for unreasonable delay. From:Allan Seid To:Channing House Bulletin Board Subject:Fwd: White supremacists hijack and flood Asian American lawmaker’s Zoom meeting with racism, pornography Date:Friday, February 25, 2022 9:42:10 AM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Date: Thu, Feb 24, 2022 Subject: White supremacists hijack and flood Asian American lawmaker’s Zoom meeting with racism, pornography. Source: Yahoo News.Com https://news.yahoo.com/white-supremacists-hijack-flood-asian-211653457.html Sent from my iPhone From:Ioana Baiu To:Council, City Subject:Public spaces should be a public matter! Date:Friday, February 25, 2022 9:35:53 AM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Dear City Council of the City of Palo Alto, In anticipation of your meeting on February 28th, we implore you to put the matter of streets and parklet usage to a wider public vote. The decision of how City property should be used — and how it can benefit the broadest possible group of residents — should be decided by members of our community. It should not be subject to a subset of influential few. After two years of increased public engagement on the social and health benefits of our streets, we urge you to consider this as a unique opportunity to further a sense of collective agency over our public spaces. A concerned citizen of our community, Ioana Baiu MD Sent from my iPhone From:Pam Page To:Council, City Subject:Public spaces should be a public matter! Date:Friday, February 25, 2022 9:28:27 AM Some people who received this message don't often get email from pamdpage@icloud.com. Learnwhy this is important CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear City Council of the City of Palo Alto, In anticipation of your meeting on February 28th, we implore you to put the matter of streets and parklet usage to a wider public vote. The decision of how City property should be used — and how it can benefit the broadest possible group of residents — should be decided by members of our community. It should not be subject to a subset of influential few. After two years of increased public engagement on the social and health benefits of our streets, we urge you to consider this as a unique opportunity to further a sense of collective agency over our public spaces. A concerned citizen of our community, [ your name] Pam Page New e mail pamdpage@icloud.com Same cell: 1 650-400-5061 Sent from my iPhone From:Sylvie To:Council, City Subject:I"m Voting to Keep Parklets & Ramona St Closed Date:Friday, February 25, 2022 9:12:28 AM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear City Council of Palo Alto, In anticipation of your meeting on February 28th 2022, we implore you to keep Ramona Street Closed and continue to allow parklets. I like dining outdoors and the feeling on Ramona Street with the half closure, so please count my vote for keeping parklets & Ramona Street CLOSED for safe outdoor dining. -- Sylvie Stefant 650.823.3313 Linkedin: https://www.linkedin.com/in/sylviestefant/ From:Palo Alto Free Press To:Horrigan-Taylor, Meghan Cc:Council, City; Shikada, Ed; James Aram Subject:Re: There was a time Date:Friday, February 25, 2022 8:01:24 AM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ You don't have to answer that you're all racists Sent from my iPhone > On Feb 25, 2022, at 9:58 AM, Palo Alto Free Press <paloaltofreepress@gmail.com> wrote: > >  > When we first launched Palo Alto Free Press the city of Palo Alto followed us on Twitter. > > What Is the rationale for discontinuing following us on Twitter, when in fact you follow the Palo Alto weekly don't you think that is a form of discrimination, selective discrimination, racial discrimination? > > Mark Petersen-Perez > Editor in chief > Palo Alto Free Press > Reporting from nicaragua > Sent from my iPhone From:Palo Alto Free Press To:Horrigan-Taylor, Meghan Cc:Council, City; Shikada, Ed; James Aram Subject:There was a time Date:Friday, February 25, 2022 7:58:42 AM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ When we first launched Palo Alto Free Press the city of Palo Alto followed us on Twitter. What Is the rationale for discontinuing following us on Twitter, when in fact you follow the Palo Alto weekly don't you think that is a form of discrimination, selective discrimination, racial discrimination? Mark Petersen-Perez Editor in chief Palo Alto Free Press Reporting from nicaragua Sent from my iPhone From:Mr John Lewis Subject:Dear Sir, Date:Friday, February 25, 2022 5:30:59 AM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ -- Dear Sir, We are Located in the united kingdom, the famous brand John Lewis PLC, is UK's largest multi-channel retailer with over 45 shops furnished with European products. We are looking for new products to attract new customers and also retain our existing ones, create new partnerships with companies dealing with different kinds of goods. Please send us your catalog through email to speed up and to learn more about your company's products and wholesale quote. We hope to be able to order with you and start long-term friendly, respectable and solid business partnership. We count on the reliability for both sides. We commit ourselves to a successful and professional processing for a good cooperation in all ranges. Could you also send to us all information required to become one of your regular distributors in Europe and worldwide? Please, we would appreciate if you could send us your stock availability via email. We will also pleased to receive any offers or proposals from other product available and ready (Stocks and rates). Payment: Our Payment Terms is within 15 days net in Europe and 30 days net in UK as we operate with all our suppliers. Best Regards, PATRICK LEWIS PURCHASING DIRECTOR PURCHASING DEPARTMENT customer service: 08006112981 Directline: +44 7709293519 Fax : +44 020 7629 7711 www.johnlewis.com Registered in England and Wales Registered No: 0233462 - VAT No : GB 232457280 This e-mail is confidential and intended only for the addresses shown. If you are not an intended recipient, please be advised that any use, dissemination, forwarding or copying of this e-mail is strictly prohibited. Internet e-mails are not necessarily secure and John Lewis Plc Uk does not accept responsibility for changes made to this message after it was sent. Please note that incoming and outgoing electronic mail messages may be monitored. Should you receive this transmission in error, notify the sender immediately Mr John Lewis Law of corruption in USA 24 Feb 08:26 PM T-1-USA did highest semiconductor export in amount of $55 billion in 2020 during 2002 to 2020 as USA saw 15% jump in semiconductor export in 2020 so why Joe Biden need $50 billion+ for this industry when this industry is......Read More Lobbying spending on USA Senate 24 Feb 02:25 PM 2- Our build future agenda will help USA more properly to grow USA GDP more properly as per rule of law....Read More Aircraft manufacturing and NYC 24 Feb 08:49 AM TT-1-USA has room to increase production of commercial aircraft 3 times higher than current level of production annually as it can go more higher if we expand the global aviation market more properly as the USA is the wo......Read More From:George Washington Jr. To:Council, City Subject:Law of corruption in USA Date:Friday, February 25, 2022 2:07:51 AM CAUTION: This email originated from outside of the organization. Be cautious ofopening attachments and clicking on links. ©2022 DC Consulting | New York, USA Web Version Preferences Forward Unsubscribe Powered by GoDaddy Email Marketing ® From:Mr Austin Bill Mark Subject:Hello Dear, Date:Friday, February 25, 2022 2:07:47 AM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear Email Owner/Fund Beneficiary, I sent this letter to you a month ago, but I did not hear from you,I'm not sure if you got it, And that is why I say it again, Firstly, I'm Mrs. Sarah Mandarins, Managing Director and Chairwoman of the International Monetary Fund . 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And today we notify you that your fund has been credited into a VISA Card by UBA Bank and also ready to be delivered. Now contact Uba ATM Visa Card Bank Of Africa director name is Mr. Austin Bill Mark, Email: (austinbillmark1976@gmail.com ) , Send him the following information for the delivery of your accredited ATM VISA Card to your address. (1) Your full name: ...................................... (2) Your home address: .............................. (3) Scanned copy of your ID ..................... (4) Your country: ......................................... (5) And your direct telephone number: ................ (6) Your City ............................... (7) Postcode; ............................... (8) Your profession ................................ Sincerely, Mrs. Sarah Mandarins From:Dilma Coleman To:cityattorney@cityofepa.org; Council, City Cc:district1@co.monterey.ca.us; districtattorney@sfgov.org Subject:Fwd: Richelle Nice targeted Laci Peterson in the streets of San Leandro,CA near Castro Valley CA. Laci Peterson was a Catholic girl a teacher, especially a artist consultant. Richelle Nice targeted Diva Lee"s husband SF RBL Posse rapper "Hitman" aka Ri... Date:Friday, February 25, 2022 1:00:38 AM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. ---------- Forwarded message --------- From: Dilma Coleman <dhappinessforever@gmail.com> Date: Fri, Feb 25, 2022, 12:10 AM Subject: Richelle Nice targeted Laci Peterson in the streets of San Leandro,CA near Castro Valley CA. Laci Peterson was a Catholic girl a teacher, especially a artist consultant. Richelle Nice targeted Diva Lee's husband SF RBL Posse rapper "Hitman" aka Ricky Herd for sexual fantasy+ mistress+music consultant. After Ricky Herd married Diva he avoided Richelle yet Qatari businessman Wissam Al Mana had allowed Richelle Nice to get access to Ricky Herd,Laci Peterson and Diva Herd thru bringing Diva's identical twin sister's sons and Christina Corpus's Daughter. To: <geoffreycarr@sbcglobal.net> Cc: <slind@sanmateocourt.org>, <san.francisco@ic.fbi.gov> Hello it's Diva Lee MD JD aka Dilma Coleman whereas Diva is a widow because her husband SF RBL Posse rapper Hitman aka Ricky Herd was killed while driving on Sunday Night in SF on February 3,2003. Prior to Diva's marriage with Ricky Herd, Ricky had ended dating a women who fits the description of Richelle Nice. Ricky said that he ain't doing business with no women with nickname "Strawberry shortcake". Diva believed there were 2 women whom Ricky dated prior to his marriage and those women were music consultants who had altercations conflicts. Ricky Herd"SF RBL Posse rapper "Hitman" was a great person whom had good communication skills and he made it clear that Richelle Nice had been doing foolish things near the music studios whereas drugs such as cocaine was involved. Ricky got rid of them yet it's what led to his death 2 months after Laci Rocha Peterson's death. Qatari businessman Wissam Al Mana had always targeted women like Richelle Nice to bring him business ventures whereas it's over there on his retail stores and items he sold and real estates properties he rented to women like Richelle Nice and her cohorts. Oftentimes Wissam Al Mana had been targeted by the jews whom also targeted Ricky Herd for everything music,money,cars housing etc. Ricky Herd was a good friend of Warren Buffett's wife Susan Buffett whom had made purchases of gifts for Ricky Herd such as cars(15 car collection stored in Alamo,CA mansion owned by Susan Buffett..for that was Ricky's hobby. Susan Buffett had died in 2094 and the car collection was intended for Diva Lee widow of Ricky Herd yet other professionals moved those cars to Valencia,CA and other car storages whereas those cars were used in movies such as 2Fast2Furious. Stanislaus county DA Birgit Fladager is almost over there as a godmother great colleagues Affiliated with Qatari businessman Wissam Al Mana a billionaire whose real estate properties in California,U.K and across the U.S are frequently visited by Birgit Fladager and her cohorts Affiliated with SSF law enforcement agent Gary Smith( corrupt boogaloo law enforcement agents) and his wife Cynthia Smith and her daughters Davina and Davina's husband's cohorts. In fact,Gary Smith had entered Laci's home to urinate prior to Scott's s body being blongeoned in the head a jealous retailiated rage by Amber Frey.. Wissam Al Mana among other Arabs( Islamic Wealthy men such as Moroccan King MOHAMMED Hassan IV and others from Saudi Arabia loved to party with red headed women such as Richelle Nice). Richelle Nice targeted Diva Lee and her Catholic friend Laci Peterson because they had been Affiliated with Ricky Herd, the music group "Digital Underground" whereas Laci had been a designer assistant for the artist "Humpty Hump" aka "Shock G" aka Gregory Edward Jacobs attachment #3. Richelle was rejected over there by Ricky Herd near the music studios and Richelle Nice became aggressive competitive towards Laci Peterson. Ricky Herd would go to places where Diva and Laci were with the children because Laci Rocha was a homeschooling teacher similar appearances of preschool teacher whereas it's over there on her career as a teacher. Oftentimes Wissam Al Mana had been in contact with Laci Rocha Peterson whereas he had his son's visiting from India. Wissam Al Mana a Qatari businessman had sons with Diva's identical twin sister and when Diva's identical twin sister Hadley passed away. Wissam Al Mana married Diva Lee yet as an Arab he had many mistresses such as Lucinda Southworth, Amanda O'Donnell aka Mindy Shanahan,Alameda County DA Nancy O'Malley Lee and other caucasians women with similar appearances as Amber Frey. Wissam Al Mana loved massage therapist and he had set up homes called "Doll House" whereas it was completely revealed that it became a popular geographic locations whereas women/ men made income from sex enhanced drugs,and other social events.and or luxury retail items and or jewelry...whereas off duty law enforcement agents frequently visited alone or as a couples. Diva Lee aka Dilma Coleman's identical twin sister Hadley was killed and is buried in Laffeyatte CA. Qatari businessman Wissam Al Mana had gave up the son with Hadley to an family in India whom often visits with Diva. Oftentimes, Diva's identical twin sister's son Shushant would visit from India and become acclimated into a homeschooling classes whereas Laci Rocha often visited. When laci rocha Peterson was killed on Dec 24,2002 the children were in a nervous wreck suffered depression. When Diva's husband Ricky Herd was killed on February 3,2003, the children were devastated and the down syndrome children who were homeschooling classes whereas they learnt music were with emotional distresses and anguish that made their day to day life difficult with excessive crying displaying worrying about the future of other in music. That women Richelle Nice aka "strawberry shortcake" was agressive and desperate to stay in the daily life as Ricky Herd after he asked Richelle Nice to move on and find other places to go. Richelle targeted Diva Lee aka Dilma Coleman near her home whereas Ricky Herd was in his new marriage. Diva says that Richelle Nice had many different types of excessive force stalking with dramatic altercation and complaints. Diva Lee aka Dilma Coleman didn't have any documentation on it especially when Ricky Herd was shot in the head killed before Richelle Nice. In fact, it was Richelle Nice whom accompanied another women to remove my wedding bands at the scene where Ricky had been shot to death. Richelle targeted Laci Peterson thru her acquaintances with Qatari businessman Wissam Al Mana and others including Rapper Snoop Dogg aka Calvin Brodus jr whom were into the music industry, sex enhanced drugs, marijuana, extacsy, Psychodelic mushrooms and other drugs such as cocaine. Laci Rocha Peterson was killed by the cohorts affiliated with Gavin Newsom and other filipinos relatives of that law enforcement agent Christina Corpus. Christina corpus had a relationship with Wissam Al Mana and oftentimes their daughter was left at Diva's for homeschooling and other things whereas the child was adopted yet had visits with Wissam Al Mana (retail billionaire) whom acts like he doesn't like to pay child support payments or wants to be a father. Diva's not sure why Richelle Nice targeted Laci Peterson because Laci Rocha Peterson was a good women who loved her husband Scott Peterson and their business ventures especially her family. 20 years ago Laci Rocha Peterson was killed and it's obvious that whom ever killed Laci Rocha Peterson went into a killing spree onto the other future music artists whom Laci Rocha Peterson became their mentor thru her homeschooling teaching skills in the past. Music artists such as Rapper Nipsey Hussle aka Ermias Ashgedom, Rapper Dolph, Rapper Pop smoke aka Bashar, singer Cady Groves and female Rapper Chyna Rogers. Diva Lee MD JD aka Dilma Coleman honors the appropriate healthy measures that Scott Peterson has Habeus Corpus application for exoneration. Scott Peterson is a great person great husband who would of been a great father to Connor Peterson. It's over there on the way these music artists were targeted trapped and victimtimized whereas it's over there now to solve who killed Laci Rocha Peterson. Best regards Diva Lee MD JD aka Dilma Coleman From:MRS. ELIZABETH JOHNSON. Subject:My Beloved Friend In The Lord. Date:Thursday, February 24, 2022 11:23:56 PM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ My Beloved Friend In The Lord. Greetings in the name of our Lord Jesus Christ. I am Mrs. Elizabeth A. Johnson from Bahrain, a widow to late Dr. A. Johnson. l am 51 years old and a coveted born again Christian, suffering from long time cancer of the breast, from all indication my condition is really deteriorating and it is quite obvious that I might not live more than two (2) months, according to my doctor because the cancer has gotten to a very worst/ dangerous stage. My late husband and my only child died last five years ago, his death was politically motivated. My late husband was a very rich and wealthy business man who was running his Gold/Diamond Business here in South Africa. After his death, I inherited all his business and wealth. My doctors has advised me that I may not live for more than two (2) months, so I now decided to divide the part of this wealth, to contribute to the development of the church in Africa, America, Asia, and Europe. I collected your email address during my desperate search on the internet and I prayed over it, the spirit of our lord Jesus Christ directed me to you. I decided to donate the sum of $5,600,000.00 USD ( Five Million Six hundred thousand United States dollars) to the less privileged because I cannot take this money to the grave. Please I want you to note that this fund is lodged in a bank here in South Africa. Once I hear from you, I will forward to you all the information's you will use to get this fund released from the bank and to be transferred to your bank account. I honestly pray that this money when transferred to you will be used for the said purpose because l has come to find out that wealth acquisition without Christ is vanity. May the grace of our lord Jesus the love of God and the fellowship of God be with you and your family. Reply me on my private email address (elizabethjohnson011@yahoo.com) Thanks and God bless you. Your beloved sister in Christ. Mrs. Elizabeth Anna Johnson. From:Ashley Titan To:Council, City Subject:Public spaces should be a public matter! Date:Thursday, February 24, 2022 10:39:37 PM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear City Council of the City of Palo Alto, In anticipation of your meeting on February 28th, we implore you to put the matter of streets and parklet usage to a wider public vote. The decision of how City property should be used — and how it can benefit the broadest possible group of residents — should be decided by members of our community. It should not be subject to a subset of influential few. After two years of increased public engagement on the social and health benefits of our streets, we urge you to consider this as a unique opportunity to further a sense of collective agency over our public spaces. A concerned citizen of our community, [Ashley Titan] — Ashley Titan, M.D. General Surgery Resident Stanford University School of Medicine Atitan@stanford.edu | cell: 516-298-4040 Sent from my iPhone From:joshorenberg@gmail.com To:Council, City Cc:Clerk, City Subject:Comments for Open Communication at City Council Meeting 2/28 Date:Thursday, February 24, 2022 9:25:42 PM Attachments:Quiet Zone Presentation Final Final.docx petition_signatures.csv CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Hi I am submitting the following Word document with comments for open communication at the city council meeting taking place on Monday February 28th, 2022. I have also attached a spreadsheet with the names of people who have signed the quiet zone petition so far which was automatically created by change.org. Here is a link to the petition. Thanks Josh Orenberg Name Stan Neilson Daniel Josh Josh Bette Karen Ashlie Estelle Pamela Luigi Michael Angela Lakshmi Mahshad Anna Stephen Kevin Ronald Sheree Mathew Ryan Lauren Teresa Theresa Christine stacy Brynn Bob Sandra Leonard Yijia Teresa Önder Walter Monika Katie Helen Robert Jim Eugenie Eric Traceyanne Anu Krishna Fred Spencer Edelmiro nancy Janice Regina Jennifer Sasha Ira Jane Anatoly Domas Roshanna Olivia Josh mrpaperbag Michael Joscha merrill Sara MM Sujata Kenneth Miriam mamma Jacqueline George Alex Alyona Jane Ivana Zack Jan Leahann Alex Nataly Yuliya Kirsten Shawn Kendall Eric Robo sonali Janet Hyde Eric Joseph Allister Jennifer Andrew Ritika Jonathan Immanuel Emilie Aneesah charles Andrew Stephanie Iris Hurshidjon Angela Nancy Yedukondalu Jason Donovan Meiram Aurora Bruce Maggie Emily Annick Connie Xiomara Wilbert Maria shehreyar Joseph rabia Petra Sydney Kaan Treyshaun ashlley Agata Kim Stephen Laure Kerstyn Richard Janelle Kevin Linda Beverly Ryan Hi Noah Lynnee Douglas Michael Siang Audrey Cindy Jillian nuray Rob Dariusz Romin Jim Tessa Susan Vani Peter Lance Steven John Wilson Jennifer Marc Tom RICK Bonnee Anne Mikhail Victor Amy Ross Christina Caroline Tanya Gabriela Kendall Lucy Juan Zoltan Joseph Noah Jacqlyn james Tom Praveen Morvarid Michele Olajimbiti Tricia Ethan Claudia Christopher Tyana nancy Jonah mere Fabiola Polina Magdalena Dominik Deborah Yenjo HONGGE Xiaofan Stephanie MacKenzie Sundar Black Basia Unnecessary Noise and Neighborhood Quality of Life Thank you for your time this evening. I am here to present a community request to create a quiet zone at the Alma/El Camino train crossing. The train horn negatively impacts the quality of life of many residents throughout the Downtown North and Linfield Oaks communities in both Palo Alto and Menlo Park. For some citizens train horn noise interrupts their sleep and for others it interferes with activities requiring focus or quiet. This impact may be felt by people of all ages: babies, young children, adolescents and adults. Research has linked poor sleep quality to poor health outcomes including obesity, hypertension, coronary artery disease, diabetes, inflammation, decreased concentration, poor control of emotions, depression and suicidality. (1) In addition, young kids and babies waking up during the night crying puts further undue burden on the parents, interfering with their sleep even more. This disruption occurs countless times a day; every weekday there are a total of 52 trains passing each direction for a total of 104. These passings span the time period from 5:01 AM to 1:06 AM, every 10-15 minutes during rush hour. The official decibel level of the train horn ranges from 96-110 dB. For a comparison that is almost as loud as a jet aircraft at 500 ft and several decibels louder than sirens at 50 ft. (2) However, the train horn is unnecessary. The intersection already qualifies to be a quiet zone because of the gate with a median at the Alma/El Camino intersection. When a train approaches, the gates go down and the lights turn on. And, while safety is our main concern, it is also helpful to note that according to the FRA’s train horn rules the city is not liable for any accidents occurring due to the enforcement of a quiet zone. Our team at 101 Alma created a petition for this proposal and received 209 signatures so far and could get significantly more if we put fliers at Unnecessary Noise and Neighborhood Quality of Life Thank you for your time this evening. I am here to present a community request to create a quiet zone at the Alma/El Camino train crossing. The train horn negatively impacts the quality of life of many residents throughout the Downtown North and Linfield Oaks communities in both Palo Alto and Menlo Park. For some citizens train horn noise interrupts their sleep and for others it interferes with activities requiring focus or quiet. This impact may be felt by people of all ages: babies, young children, adolescents and adults. Research has linked poor sleep quality to poor health outcomes including obesity, hypertension, coronary artery disease, diabetes, inflammation, decreased concentration, poor control of emotions, depression and suicidality. (1) In addition, young kids and babies waking up during the night crying puts further undue burden on the parents, interfering with their sleep even more. This disruption occurs countless times a day; every weekday there are a total of 52 trains passing each direction for a total of 104. These passings span the time period from 5:01 AM to 1:06 AM, every 10-15 minutes during rush hour. The official decibel level of the train horn ranges from 96-110 dB. For a comparison that is almost as loud as a jet aircraft at 500 ft and several decibels louder than sirens at 50 ft. (2) However, the train horn is unnecessary. The intersection already qualifies to be a quiet zone because of the gate with a median at the Alma/El Camino intersection. When a train approaches, the gates go down and the lights turn on. And, while safety is our main concern, it is also helpful to note that according to the FRA’s train horn rules the city is not liable for any accidents occurring due to the enforcement of a quiet zone. Our team at 101 Alma created a petition for this proposal and received 209 signatures so far and could get significantly more if we put fliers at people’s houses who are not yet aware of the petition. Because of the significant detriment to quality of life and the ability to meet safety standards, we propose creating a quiet zone at the intersection. This has been done in countless other communities throughout the US as well. We seek council support by June 1st for the 2023 fiscal year. This process will be greatly simplified due to the possibility of piggybacking on Menlo Park’s quiet zone project; Menlo Park is currently hiring a consultant to analyze the eligibility of three of their train intersections for quiet zones. Also, there was a study done by Palo Alto in 2017 about the eligibility of the Alma St intersection for a quiet zone which could expedite the quiet zone application process by providing a significant amount of required information. Thank you for your time. Brooke Partridge, Spokeswoman Josh Orenberg, Coordinator (1) • A study published in the Journal of the American Medical Association (JAMA/Internal Medicine, 2020), researchers found that poor sleep quality is associated with weight gain and higher body mass index, which can lead to health issues such as high blood pressure, type 2 diabetes, and coronary artery disease. https://www.healthline.com/health/healthy-sleep#TOC_TITLE_HDR_1 • In studies at Stanford Medicine, older adult participants who reported poor sleep had a 1.4 times greater chance of death by suicide within a 10-year period than those who reported sleeping well. https://med.stanford.edu/news/all-news/2017/06/sleep-disturbances-predict-increased-risk-for-suicidal- symptoms.html • Sleep deprivation increases the likelihood teens will suffer myriad negative consequences, including an inability to concentrate, poor grades, drowsy-driving incidents, anxiety, depression, thoughts of suicide and even suicide attempts. Among young adults at risk for suicide, highly variable sleep patterns may augur an increase in suicidal symptoms, independent of depression, a study from Stanford has found. https://med.stanford.edu/news/all-news/2017/06/sleep-disturbances-predict-increased- risk-for-suicidal-symptoms.html (2) https://railroads.dot.gov/environment/noise-vibration/horn-noise-faq #2 people’s houses who are not yet aware of the petition. Because of the significant detriment to quality of life and the ability to meet safety standards, we propose creating a quiet zone at the intersection. This has been done in countless other communities throughout the US as well. We seek council support by June 1st for the 2023 fiscal year. This process will be greatly simplified due to the possibility of piggybacking on Menlo Park’s quiet zone project; Menlo Park is currently hiring a consultant to analyze the eligibility of three of their train intersections for quiet zones. Also, there was a study done by Palo Alto in 2017 about the eligibility of the Alma St intersection for a quiet zone which could expedite the quiet zone application process by providing a significant amount of required information. Thank you for your time. Brooke Partridge, Spokeswoman Josh Orenberg, Coordinator (1) • A study published in the Journal of the American Medical Association (JAMA/Internal Medicine, 2020), researchers found that poor sleep quality is associated with weight gain and higher body mass index, which can lead to health issues such as high blood pressure, type 2 diabetes, and coronary artery disease. https://www.healthline.com/health/healthy-sleep#TOC_TITLE_HDR_1 • In studies at Stanford Medicine, older adult participants who reported poor sleep had a 1.4 times greater chance of death by suicide within a 10-year period than those who reported sleeping well. https://med.stanford.edu/news/all-news/2017/06/sleep-disturbances-predict-increased-risk-for-suicidal- symptoms.html • Sleep deprivation increases the likelihood teens will suffer myriad negative consequences, including an inability to concentrate, poor grades, drowsy-driving incidents, anxiety, depression, thoughts of suicide and even suicide attempts. Among young adults at risk for suicide, highly variable sleep patterns may augur an increase in suicidal symptoms, independent of depression, a study from Stanford has found. https://med.stanford.edu/news/all-news/2017/06/sleep-disturbances-predict-increased- risk-for-suicidal-symptoms.html (2) https://railroads.dot.gov/environment/noise-vibration/horn-noise-faq #2 From:Barrett Travis To:Council, City Subject:Public spaces should be a public matter! Date:Thursday, February 24, 2022 8:40:00 PM [Some people who received this message don't often get email from bktravis@icloud.com. Learn why this is important at http://aka.ms/LearnAboutSenderIdentification.] CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Dear City Council of the City of Palo Alto, I am a former Stanford student and longtime member of the Palo Alto community, and I love the parklets downtown. We need to stop catering our most valuable and walkable areas to cars and through-traffic which make them less safe and less enjoyable. In anticipation of your meeting on February 28th, we implore you to put the matter of streets and parklet usage to a wider public vote. The decision of how City property should be used — and how it can benefit the broadest possible group of residents — should be decided by members of our community. It should not be subject to a subset of influential few. After two years of increased public engagement on the social and health benefits of our streets, we urge you to consider this as a unique opportunity to further a sense of collective agency over our public spaces. A concerned citizen of our community, Barrett Travis Sent from my iPhone From:Benita Isaac To:Council, City Subject:Public spaces should be a public matter! Date:Thursday, February 24, 2022 8:37:52 PM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Dear City Council of the City of Palo Alto, In anticipation of your meeting on February 28th, we implore you to put the matter of streets and parklet usage to a wider public vote. The decision of how City property should be used — and how it can benefit the broadest possible group of residents — should be decided by members of our community. It should not be subject to a subset of influential few. After two years of increased public engagement on the social and health benefits of our streets, we urge you to consider this as a unique opportunity to further a sense of collective agency over our public spaces. concerned citizen of our community, Benita Sent from my iPhone From:Maret Rossi To:Council, City Subject:Keeping California Ave and University Ave pedestrian Date:Thursday, February 24, 2022 8:33:44 PM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Dear City Council, I have lived in Palo Alto my entire 25 years of life, and I am so so grateful for the community and closeness that California Ave and University Ave as pedestrian only streets has created. Please I beg you to keep them walking only for as long as possible. It has made me closer to my neighbors, it has made me buy things from stores I never knew existed on the street, and it has made md come to the restaurants and farmers markets every week. I hope you’ll make the streets permanently walkable! Thank you so much, Maret Rossi On Seale Ave From:Violet Rosario To:Council, City Subject:Public spaces should be a public matter! Date:Thursday, February 24, 2022 7:33:44 PM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear City Council of the City of Palo Alto, In anticipation of your meeting on February 28th, we implore you to put the matter of streets and parklet usage to a wider public vote. The decision of how City property should be used — and how it can benefit the broadest possible group of residents — should be decided by members of our community. It should not be subject to a subset of influential few. After two years of increased public engagement on the social and health benefits of our streets, we urge you to consider this as a unique opportunity to further a sense of collective agency over our public spaces. A concerned citizen of our community, Violet Rosario From:Jo Ann Mandinach To:Rita Vrhel; Council, City; City Mgr; Burt, Patrick; Dave Price Subject:Re: Deafening silence & inaction on the antisemtic fliers Date:Thursday, February 24, 2022 6:51:06 PM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Thanks, Rita. Glad to hear about the police response and so sorry it happened. I think it's also a "stain on the City" to have delegated the speaking to DA Rosen given his horrendous track record of dismissing threats against women by domestic abusers even when faced with video evidence of repeated assaults, repeated death threats against Asians like Lydia Kou at a time when anti-Asian attacks were soaring.... Whoever finally wrote the release wasn't so gracious since they misspelled my name and failed to provide contact info to correct it and/or thank them without sending out a Nixie alert. "Dear Jo Ann Mandiunach, Here's a news release for you from the City of Palo Alto:" More seriously and more critically, people were disappointed that Palo Alto bounced the incident to DA Rosen rather than taking the lead and/or contacting the FBI or TSA where the PAPD could have learned about regional and national responses to a serious growing problem and maybe participated in task forces, information sharing, etc. It's not everyday you see a 101 billboard at the PA exits saying "DO YOU NEED AN ARMED GUARD AT YOUR CHURCH? WE NEED ONE AT OUR SYNAGOGUE." I hope a pr person crafted Mayor Burt's gushing comments about how inspiring Rosen was. People are still laughing at Rosen's "take a hater to a seder" comment when they're not fuming at the weakness of his responses. Did he forget that a San Jose synagogue was also recently attacked? I'm surprised that the release devoted so much space to the 2020 Race & Gender Equity in the Workplace statement. How is the workplace even relevant? Were the folks distributing the flyers city employees? Yes, it's nice that a year later issued a statement denouncing violence against Asians. Statements are nice but specific actions are nicer. While I'm grateful that you issued any press release at all, I'm hoping you'll take stronger leadership positions in the future since it doesn't look like hatred's going away anytime soon. Most sincerely, Jo Ann Mandinach 650 269-0650 On Thu, Feb 24, 2022 at 4:16 PM Rita Vrhel <ritavrhel@sbcglobal.net> wrote: great letter and education to all copied ... thank you Jo Ann we received the hate packets on Channing.. the police were all over the area. a stain on the City for not speaking up immediately. Rita C. Vrhel Phone: 650-325-2298 On Tuesday, February 22, 2022, 01:42:36 PM PST, Jo Ann Mandinach <joann@needtoknow.com> wrote: Dear Mayor Burt, City Manager Shikada and City Council: I am appalled at the inaction and silence of our fair city. It shouldn't be rocket science to review the video footage which is all over NextDoor and in news clips and to issue a strong condemnation of antisemitism and racism. Since "mental health" is a city priority, mine would certainly benefit from your being proactive like Berkeley. We spend a fortune on pr/communications people who should have instantly crafted a statement like "Palo Alto condemns this. Palo Alto Police are on the job. Hate has no place in Palo Alto." It would do more for community health than the weekly meditation tips and recipes in the Uplift Weekly circulated by the City and the PAPD. Not rocket science, folks. Just plain leadership. And values. Shame on you. Shame on the Palo Alto Police. The following article might be worth sharing with staff. Berkeley police, City Council denounce antisemitic fliers After similar Palo Alto weekend incident, surveillance camera footage sought from hills homes https://www.eastbaytimes.com/2022/02/21/berkeley-police-city-council- denounce-antisemitic-flyers/ BERKELEY — Police and city councilmembers strongly voiced opposition to ugly, crude fliers advertising antisemitic statements found Sunday outside multiple hills homes. In a statement Monday, police said officers responded to homeowner and resident reports of plastic sandwich bags containing false statements blaming Jewish people for the COVID-19 pandemic, similar to those left Sunday outside multiple Palo Alto homes’ doorsteps, and said the bags appeared to have been left by “a small, fringe [w]hite [s]upremacist extremist group that targets Jewish communities as well as other minority groups throughout the Bay Area.” The City Council joined with police, saying “[a]s the center of the free-speech movement, Berkeley has always supported people’s rights under the first amendment. But let’s be clear — the Berkeley City Council and our community soundly reject and condemn ANY hate-filled messages and any inference to discrimination of any kind to any person or group. .... Police decried the fliers, apparently left randomly at an unnamed number of homes, and said it would vigorously investigate their distribution in the same way it has pursued other hate-crime investigations, and reminded residents that as part of a “United Against Hate” campaign, residents or merchants may pick up a “We Stand United Against Hate” posters at any Berkeley Fire Department station. Anyone with information or possible surveillance camera footage may call Berkeley police at 510-981-5900." Jo Ann Mandinach Palo Alto, CA 94301 From:Tran, Joanna To:Council, City Cc:Executive Leadership Team; Bansal, Megha; Nguyen, Mimi; Boatwright, Tabatha Subject:Council Consent Agenda Questions for 2/28/22: Items 5-6 and 8-10 Date:Thursday, February 24, 2022 5:51:28 PM Attachments:image001.png image003.png image004.png image006.png image007.png image008.png image002.png Dear Mayor and Councilmembers: On behalf of City Manager Ed Shikada, please view the following links for the amended agenda and staff responses to questions from Councilmembers Cormack and Tanaka regarding Monday night’s Council Meeting: Feb 28, 2022 Amended Agenda Staff response to Consent Items 5-6, and 8-10 Thank you, Joanna Joanna Tran Executive Assistant to the City Manager Office of the City Manager (650) 329-2105 | joanna.tran@cityofpaloalto.org www.cityofpaloalto.org From:Rita Vrhel To:Council, City; City Mgr; Burt, Patrick; Jo Ann Mandinach Cc:Dave Price Subject:Re: Deafening silence & inaction on the antisemtic fliers Date:Thursday, February 24, 2022 4:16:50 PM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. great letter and education to all copied ... thank you Jo Ann we received the hate packets on Channing.. the police were all over the area. a stain on the City for not speaking up immediately. Rita C. Vrhel Phone: 650-325-2298 On Tuesday, February 22, 2022, 01:42:36 PM PST, Jo Ann Mandinach <joann@needtoknow.com> wrote: Dear Mayor Burt, City Manager Shikada and City Council: I am appalled at the inaction and silence of our fair city. It shouldn't be rocket science to review the video footage which is all over NextDoor and in news clips and to issue a strong condemnation of antisemitism and racism. Since "mental health" is a city priority, mine would certainly benefit from your being proactive like Berkeley. We spend a fortune on pr/communications people who should have instantly crafted a statement like "Palo Alto condemns this. Palo Alto Police are on the job. Hate has no place in Palo Alto." It would do more for community health than the weekly meditation tips and recipes in the Uplift Weekly circulated by the City and the PAPD. Not rocket science, folks. Just plain leadership. And values. Shame on you. Shame on the Palo Alto Police. The following article might be worth sharing with staff. Berkeley police, City Council denounce antisemitic fliers After similar Palo Alto weekend incident, surveillance camera footage sought from hills homes https://www.eastbaytimes.com/2022/02/21/berkeley-police-city-council-denounce- antisemitic-flyers/ BERKELEY — Police and city councilmembers strongly voiced opposition to ugly, crude fliers advertising antisemitic statements found Sunday outside multiple hills homes. In a statement Monday, police said officers responded to homeowner and resident reports of plastic sandwich bags containing false statements blaming Jewish people for the COVID-19 pandemic, similar to those left Sunday outside multiple Palo Alto homes’ doorsteps, and said the bags appeared to have been left by “a small, fringe [w]hite [s]upremacist extremist group that targets Jewish communities as well as other minority groups throughout the Bay Area.” The City Council joined with police, saying “[a]s the center of the free-speech movement, Berkeley has always supported people’s rights under the first amendment. But let’s be clear — the Berkeley City Council and our community soundly reject and condemn ANY hate-filled messages and any inference to discrimination of any kind to any person or group. .... Police decried the fliers, apparently left randomly at an unnamed number of homes, and said it would vigorously investigate their distribution in the same way it has pursued other hate-crime investigations, and reminded residents that as part of a “United Against Hate” campaign, residents or merchants may pick up a “We Stand United Against Hate” posters at any Berkeley Fire Department station. Anyone with information or possible surveillance camera footage may call Berkeley police at 510-981-5900." Jo Ann Mandinach Palo Alto, CA 94301 From:Holly Mills To:City Attorney Cc:Clerk, City; Council, City; Deborah Caplan Subject:Public Records Act request Date:Thursday, February 24, 2022 3:48:09 PM Attachments:image001.png 2022-02-24 Letter to Molly Stump re Public Records Act request.pdf Some people who received this message don't often get email from hmills@olsonremcho.com.Learn why this is important CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear Ms. Stump: Please find attached a letter from Attorney Deborah Caplan. If you have any questions, please don’t hesitate to contact us. Thank you. Holly M. Mills Legal Secretary 555 Capitol Mall, Suite 400|Sacramento, CA 95814 916.442.2952 | hmills@olsonremcho.com olsonremcho.com Olson Remcho VIA EMAIL February 24, 2022 Molly Stump Office of the City Attorney City of Palo Alto 250 Hamilton Avenue Palo Alto, California 94301 Email: city.attorney@cityofpaloalto.org Re: Public Records Act request Dear Ms. Stump: As you know, I filed a Public Records Act request on July 26, 2021. After several of the City's responses still failed to provide the requested documents, I wrote to you in November, 2021 outlining several types of documents that I knew to exist and which had not been disclosed. I am attaching that email for your convenience. Some additional responses followed that letter. A few did provide texts or portions of group chats but, in the main, the City has still failed to fully respond. At this point, I am requesting a written response from your office that answers the following questions: 1) What efforts has the City made to ask all Council members and staff to provide communications on private devices if those communications related to the requested meeting agendas (June 14 —June 22, 2021)? 2) Has the City made any effort to determine whether responsive communications existed at one time but may have been erased/deleted? Has the City made any efforts to have an information technology person examine public or private devices for responsive communications that may have been erased/deleted? If so, what efforts? If not, why not? 3) Some of the City's responses included texts or portion of group chats but omitted the full series of communications. Did the City make any effort to retrieve the full exchange in cases where partial communications were provided? If so, what efforts were made? If not, why not? 4) Does the City have any policy or mechanism for monitoring or maintaining communications that would otherwise constitute public records but are made on private devices? Long Beach Sacramento Oakland 555 E. Ocean Blvd, Ste. 420 555 Capitol Mall, Ste. 400 1901 Harrison St., Ste. 1550 Long Beach, CA 90802 Sacramento, CA 95814 Oakland, CA 94612 Olson Remcho LLP olsonremcho.com Molly Stump February 24, 2022 Page 2 5) Has the City withheld any documents based on a claim of privilege? If so, please provide a privilege log that identifies the document and the basis of the claimed privilege. If not, please confirm that no documents have been withheld based on a claim of privilege. 6) Has the City withheld any documents based on any other claimed exemptions from disclosure? If so, please identify the document(s) and the claimed exemption. If not, please confirm that no documents have been withheld based on claimed exemptions. 7) Is the City's search for responsive documents complete at this time or is it continuing to search? How much longer does the City anticipate that it will require to fully respond to my request? Sincerely, aLA Deborah B. Caplan DBC:HM Cc: city.clerk@cityofpaloalto.org city.council@cityofpaloalto.org From:Jill Sturm To:Jill Sturm Subject:Please Share: Free tax services this Saturday in your community Date:Thursday, February 24, 2022 3:44:53 PM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Hello, Tax-Aid volunteers will be meeting clients at outdoor Curbside Tax Document Drop Off Events events this Saturday February 26th to collect copies of their tax documents so that our volunteers can prepare their tax returns. Tax-Aid helps people that earn less than $58,000 a year. Our services are provided free of charge by volunteers who donate their time. Your community members need our help. Many people need to file their taxes to take advantage of the stimulus payments and child tax credits. Please help us get the word out to your constituents, clients and networks. You can find more information on our locations for this weekend on our website here Flyers can be downloaded on our website in English, Spanish and Chinese from our website. Our events are also available on Facebook here Thank you for helping us spread the word. Best, Jill Sturm Executive Director Tax-Aid 235 Montgomery Street, Suite 1155, San Francisco, CA 94104 Phone and Fax: 415-229-9239 jill@tax-aid.org www.tax-aid.org/ Visit us on Facebook! www.instagram.com/taxaidfotos/ From:Colin Jay Subject:Re: Energy Project. Date:Thursday, February 24, 2022 2:37:59 PM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Hi This is Colin Jay from White Capital Group. I have the directives of my Investors to source for a client who has viable projects for financing and can accommodate 3M-70M USD for profitable Investments. More details will follow upon your reply. Colin Jay From:Aram James To:Human Relations Commission; City Mgr; Council, City; Tanaka, Greg; Winter Dellenbach; Lumi Gardner; chuck jagoda; Greer Stone; Sajid Khan; Jethroe Moore; Roberta Ahlquist; Joe Simitian; Jeff Rosen Subject:Antisemitism Flyers: Police Chiefs Respond Date:Thursday, February 24, 2022 2:33:45 PM CAUTION: This email originated from outside of the organization. Be cautious of openingattachments and clicking on links.  February 2022 Dear Community Members, In response to a hate incident that occurred on February 20 when dozens of antisemitic flyers were found in several Palo Alto and Los Altos neighborhoods, the Santa Clara County Police Chiefs' Association has responded with the strong statement below. In addition, local news stations have interviewed Jewish leadership as seen in this ABC7 clip, and also this KTVU clip. The JCRC is committed to building bridges of understanding in the community, while also fighting antisemitism by exposing it and speaking out in solidarity with community and government allies. For further information on hate crimes and hate incidents, see the California Department of Justice website. Don't hesitate to reach out if you have concerns or questions. -Diane Fisher JCRC Director Jewish Silicon Valley diane@jvalley.org Click on the letter to see all of the Chiefs' signatures from Santa Clara County Jewish Silicon Valley's mission is to harness the power of community to improve lives, build bridges of understanding, and strengthen the Jewish people here, in Israel, and around the world. ‌ ‌ Jewish Silicon Valley | 14855 Oka Road, Los Gatos, CA 95032 Unsubscribe abjpd1@gmail.com Update Profile | Our Privacy Policy | Constant Contact Data Notice Sent by diane@jvalley.org powered by Try email marketing for free today! From:Nancy Stern To:Council, City Subject:I"m Voting to Keep Parklets & Ramona St Closed Date:Thursday, February 24, 2022 1:36:04 PM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Dear City Council of Palo Alto, In anticipation of your meeting on February 28th 2022, we implore you to keep Ramona Street Closed and continue to allow parklets. I like dining outdoors and the feeling on Ramona Street with the half closure, so please count my vote for keeping parklets & Ramona Street CLOSED for safe outdoor dining. Sent from my iPhone From:Tina Chow To:AhSing, Sheldon Cc:Jeanne Fleming; Todd Collins; William Ross; Lait, Jonathan; Stump, Molly; Clerk, City; Council, City Subject:Re: Palo Alto Wireless Communications Facilities Regulations Update Community Meeting Date:Thursday, February 24, 2022 1:34:25 PM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments andclicking on links. Dear Sheldon, I’m writing to follow up on your email about the community meeting below. I’ve been following the wireless issue quite closely over the last several years. I can’t make this meeting, and Jeanne had previously requested a different time as well (see below). Would it be possible to schedule a time when Jeanne and I could meet with you and Jonathan and Molly to discuss details of the ordinance? We previously had a few meetings with Jonathan and Rebecca in 2019 and early 2020 which were quite helpful in hashing out details, and where we were able to find times when Jeanne, Todd, Bill, and I could attend and discuss together. Thanks for your work on this important issue! -Tina From: Jeanne Fleming <jfleming@metricus.net> Sent: Monday, February 14, 2022 3:27 PM To: Molly.Stump@CityofPaloAlto.org; 'Jonathan'' <Jonathan.Lait@CityofPaloAlto.org> Cc: city.council@cityofpaloalto.org; 'City'' <city.clerk@cityofpaloalto.org>; Planning.Commission@CityofPaloAlto.org; 'Architectural Review Board' <arb@cityofpaloalto.org> Subject: Invitation to meet with the leadership of United Neighbors Dear Molly and Jon, The leadership of United Neighbors is eager to meet with you, the two members of the City’s executive team most involved with setting wireless policy. We realize that Sheldon AhSing, Planning Department Principal Planner, is hosting a “communitymeeting” at which, as we understand the flyer, he will brief attendees on the City’s plans and attendees may comment on them. What we have in mind is something different: a private working meeting, comparable to those you hold with the carriers’ attorneys, in which we—like Verizon’s and AT&T’s attorneys—can engage in a dialog with you regarding the revisions being contemplated to Palo Alto’s wireless ordinance. Hence I am writing to invite you to meet with us at 4:00, February 23rd , at my home. But, of course, if you are unable to accommodate that time and place, please suggest alternatives. We look forward to having a productive discussion with you and, in particular, to having the opportunity to ask you questions about your thinking on this important matter. Sincerely, Jeanne Jeanne Fleming, PhD JFleming@Metricus.net 650-325-5151 On Feb 11, 2022, at 4:45 PM, AhSing, Sheldon <Sheldon.AhSing@CityofPaloAlto.org> wrote: Hi all, Thank you for continuing to be engaged during this process. We are happy to announce an outreach opportunity for the community. What: Please join us virtually for a Community Meeting on the Wireless Communications Facilities Regulations Update. We want to hear your feedback on the update. Where: Virtual Webinar Via Zoom: https://cityofpaloalto.zoom.us/j/81289346898 Zoom Meeting ID: 812 8934 6898 Or One tap mobile: +16699006833 Or Telephone: +1 669 900 6833 or 877 853 5257 (Toll Free) When: February 24, 2022 at 5.30pm – 7.00pm Agenda: I. Introductions II. Brief overview of status of updates and Planning & Transportation Commission direction III. Community input IV. Next Steps Questions: In addition to other input you may have, we are particularly interested in your input on the following: PTC direction of items to evaluate Articulate your top three priority issues with the draft or current regulations You do not have to RSVP, just participate. If you have any questions, let me know. Looking forward to seeing you at the meeting. <image001.png>SHELDON S. AH SING, AICP Principal Planner Planning & Development Services (650) 838-2821 | sheldon.ahsing@cityofpaloalto.org www.cityofpaloalto.org <image002.png><image003.jpg><image004.png><image005.png><image006.png> <image007.png> <Wireless Communiciations Facilities Community Meeting Flyer.pdf> From:Dirk Flote To:Council, City Subject:Parklets Date:Thursday, February 24, 2022 12:20:42 PM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Hello, Please bring back the parklets and close university. There are plenty of parallel streets for cars. Thanks Dirk From:Normajean Jiminez To:Council, City Subject:Can we meet Greer Date:Thursday, February 24, 2022 12:18:42 PM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Thanks asap want share information cal jda law From:Brigham Wilson To:Council, City Subject:I"m Voting to Keep Parklets & Ramona St Closed Date:Thursday, February 24, 2022 11:34:20 AM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear City Council of Palo Alto, In anticipation of your meeting on February 28th 2022, we implore you to keep Ramona Street Closed and continue to allow parklets. I like dining outdoors and the feeling on Ramona Street with the half closure, so please count my vote for keeping parklets & Ramona Street CLOSED for safe outdoor dining. From:Janet Otoo Subject:Business proposal. Date:Thursday, February 24, 2022 11:26:56 AM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Hello dear Greetings. I am Miss. Janet Otoo, the Branch Manager of Eco bank over here in Accra Ghana, I have the opportunity of transferring the left over funds of about (US$12,500,000.00) of one of my bank customers who died along with his entire family in Coronavirus, who had no relative to claim the fund and I want you to help me receive the fund in your country or any country of your choice because I can not do that alone except with a foreign partner like you. I am inviting you for a business deal where this money can be shared between two of us in the ratio of 50/50 percentage. If you agree to my business proposal, more details of the fund transfer including the deposit certificate concerning this transaction will be forwarded to you for more clarifications as soon as I receive your reply. Please treat this transaction very confidential. We shall go over more details as soon as I receive your urgent response. Have a nice day, Miss. Janet Otoo. From:Stephen Pena Subject:Urgent Reply Needed Date:Thursday, February 24, 2022 11:13:21 AM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ My Dear Friend An earlier e-mail was sent to you without a reply. I am Mr.Stephen Pena an accountant to Mr.Robert a native of your country who died in diamond mine ground collapse. My client was an expatriate/engineer with Mining industry. I am happy to inform you that after several attempts to locate my Client relatives/family members, I found you bearing the same family name with my client. I will like us to discuss about my client finances and estate worth $4.650,000 USD with us. My client account is presently dormant and his funds will be recovered by the government because he died intestate and since then nobody has ever come for the funds. I need your services to receive these funds under legal arrangements as I have all the details intact to ensure a risk free transfer. I am seeking your consent to present you as the next of kin of my client so that the proceeds of this account can be paid to you for the safety and subsequent disbursement since the funds were left behind without any written will or next of kin details. If you are willing to assist let me know for more details Yours Faithfully, Mr.Stephen Pena From:Tran, Joanna To:Council, City Cc:Executive Leadership Team Subject:Tall Tree Awards Event (RSVP City-Sponsored Table by March 18th) Date:Thursday, February 24, 2022 10:47:52 AM Attachments:image001.png image003.png image004.png image006.png image007.png image008.png image009.png Dear Mayor and Councilmembers: The City of Palo Alto has sponsored a table for the Tall Tree Awards 2022 - Palo Alto Chamber of Commerce. This event will take place at the Oshman Family Jewish Community Center on Thursday, April 21, 2022, 5:30 – 8:00 pm. If you are interested in attending this event, please let me know by Friday, March 18th. After that date, an invitation will be extended to members of the Executive Leadership Team. Details of the event are included in the flyer below: Thank you, Joanna Joanna Tran Executive Assistant to the City Manager Office of the City Manager (650) 329-2105 | joanna.tran@cityofpaloalto.org www.cityofpaloalto.org From:MR. ABRAHAM-FOLEY Subject:Hello My Friend Call, Whatsapp and Skype number : +229-9701-5732 Date:Thursday, February 24, 2022 9:09:45 AM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Dear Friend We are a law firm, working with banks and private companies, we source loans for our clients, For any investments projects. The private lending company can give loans from one million USD/ EUR to one billion USD/ EUR. The bank can give loan from 1 million USD/ EUR to 100 billion USD/EUR My client can give you funds as joint venture investment fund projects. We also have a good Bitcoin seller with a very low price and he can also flash your Bitcoin wallet for 3 months. Call, Whatsapp and Skype number : +229-9701-5732 Attorney Joseph From:MR. ABRAHAM-FOLEY Subject:Hello My Friend Call, Whatsapp and Skype number : +229-9701-5732 Date:Thursday, February 24, 2022 9:07:23 AM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Dear Friend We are a law firm, working with banks and private companies, we source loans for our clients, For any investments projects. The private lending company can give loans from one million USD/ EUR to one billion USD/ EUR. The bank can give loan from 1 million USD/ EUR to 100 billion USD/EUR My client can give you funds as joint venture investment fund projects. We also have a good Bitcoin seller with a very low price and he can also flash your Bitcoin wallet for 3 months. Call, Whatsapp and Skype number : +229-9701-5732 Attorney Joseph From:Cathie Foster To:Council, City Subject:I"m Voting to Keep Parklets & Ramona St Closed Date:Thursday, February 24, 2022 8:39:59 AM [Some people who received this message don't often get email from princesscathie@comcast.net. Learn why this is important at http://aka.ms/LearnAboutSenderIdentification.] CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Dear City Council of Palo Alto, In anticipation of your meeting on February 28th 2022, we implore you to keep Ramona Street Closed and continue to allow parklets. I like dining outdoors and the feeling on Ramona Street with the half closure, so please count my vote for keeping parklets & Ramona Street CLOSED for safe outdoor dining. Sent from my iPhone; please excuse misspellings and typos From:Zarin Rajab Subject:Greetings Date:Thursday, February 24, 2022 6:55:51 AM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Hello, I was formerly a personal adviser to deposed Afghanistan President Ashraf Ghani, who fled the country after the Taliban captured the country's capital, Kabul. I am staying with him now as a refugee in the United Arab Emirates, the Gulf state. I need your help to relocate and also invest my money Twelve Million Five Hundred Thousand USD in your country. For your help and assistance, I will give you ten percent of this Twelve Million Five Hundred Thousand USD. Sincere thanks, Zarin Rajab. From:Mr. Handase Ebbe Subject:Good Day,!! Date:Thursday, February 24, 2022 5:41:39 AM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Good Day,!!! I am Mr. Handase Ebbe, I currently hold the post as the Audit Account Manager of our bank in Ouagadougou Branch, Burkina-Faso. I got your contact from a reliable web directory. We can see actually that the world is a very small place to meet people but what matters most for me is to transact with a person with full trust. I have developed the trust on you after one week of fasting and praying. Due to the trust, I made up my mind to disclose this confidential business to you. We are imposition to reclaim and inherit the sum of US($18.3) Million without any trouble, from a dormant account which remains unclaimed since 7years the owner died. This is a U.S Dollar’s account and the beneficiary died without trace of his family to claim the fund. Upon my personal audit investigation into the details of the account, I find out that the deceased is from America, which makes it possible for you as a foreigner no matter your country to lay claim on the balance as the Foreign Business Partner or Extended Relative to the deceased. Your integrity and trustworthiness will make us succeed without any risk. Please if you think that the amount is too much to be transferred into your account, you have the right to ask our bank to transfer the fund into your account bit by bit after approval or you double the account. Once this fund is transferred into your account, we will share the fund accordingly, 40%, for you, 60%, for me. If you are interested to help without disappointment or breach of trust, Please for security reason reply me through my private email address (handasee01@gmail.com ) with your full details. so that I will guide you on the proper banking guidelines to follow for the claim. After the transfer, I will fly to your country for sharing according to our agreement. Assurance: Note that this transaction will never in any way harm or foiled your good post or reputation in your country, because everything will follow legal process. I am looking forward to hear from you soonest. Yours faithfully, Mr Handase Ebbe. From:Mr. John Koskinen Subject:FROM IRS COMMISSIONER MR. JOHN KOSKINEN Date:Thursday, February 24, 2022 5:11:11 AM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ FROM IRS COMMISSIONER MR. JOHN KOSKINEN U.S.A IRS Address:1111 Constitution Ave., NW; Washington, DC 20224 Greetings From The Internal Revenue Service United States of America. Your total funds worth $22.5 million USD will be delivered to your home address through ATM Card Delivery Via USPS. Your ATM Card has been activated and deposited with USPS already; so kindly update us with: 1. Your Full Name which you prefer we use when shipping your ATM Card. . . . . . . . . . . . . . 2. Your Current mailing (Delivery) Address where your ATM Card should be mailed to. . . . . . 3. Your Private Mobile Number for the Priority Express Mail to Contact you when they arrive at your door step. . . . . . 4. Your direct telephone Number. . . . . . . . . . . . 5. A copy of your identification card or driver licence. . . . . . . . . . Reply this email with the below contact details immediately you receive this email for immediate shipment of your ATM Card. . . We await your immediate respond asap and feel free to call or text us at (+1) (857) 574-5004 Yours Sincerely, IRS Commissioner, Mr. John Koskinen From:Mr. John Koskinen Subject:FROM IRS COMMISSIONER MR. JOHN KOSKINEN Date:Thursday, February 24, 2022 3:54:45 AM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ FROM IRS COMMISSIONER MR. JOHN KOSKINEN U.S.A IRS Address:1111 Constitution Ave., NW; Washington, DC 20224 Greetings From The Internal Revenue Service United States of America. Your total funds worth $22.5 million USD will be delivered to your home address through ATM Card Delivery Via USPS. Your ATM Card has been activated and deposited with USPS already; so kindly update us with: 1. Your Full Name which you prefer we use when shipping your ATM Card. . . . . . . . . . . . . . 2. Your Current mailing (Delivery) Address where your ATM Card should be mailed to. . . . . . 3. Your Private Mobile Number for the Priority Express Mail to Contact you when they arrive at your door step. . . . . . 4. Your direct telephone Number. . . . . . . . . . . . 5. A copy of your identification card or driver licence. . . . . . . . . . Reply this email with the below contact details immediately you receive this email for immediate shipment of your ATM Card. . . We await your immediate respond asap and feel free to call or text us at (+1) (857) 574-5004 Yours Sincerely, IRS Commissioner, Mr. John Koskinen From:Rev Dr. Victor Godswill Subject:An Investment Funds for Investment.!! Date:Thursday, February 24, 2022 3:22:11 AM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ -- Dear Sir/Ma. My Humble Greetings to you. An Investment Funds for Investment.!! I am Rev Dr. Victor Godswill, I represent a high profile personality who is interested to invest on high yields without officially being linked to the investment. My client will like to partner and invest either in your Business, Real Estate or any other investment portfolio with high yield potentials. We are also seeking for foreign partnership in Joint Ventures in the field of Spa & Fitness, Hotels and Tourism or any field you may consider lucrative. Interestingly, I got your contact through diligent searches conducted on web as well as authenticating your company profile through your country's commercial outlet. Further more, I will only be in position to unmask the name of my Client and the Volume of the Investment Fund , after receiving your indication of interest. Best Regards. Rev Dr. Victor Godswill. private e-mail: officemail@linuxmail.org The Boeing Company 23 Feb 08:22 PM 3- As Boeing generated $101 billion in 2018 and $60 billion in 2021 so we need to improve here asn our build future agenda will help here as per rule of law....Read More Manhattan GDP vs employment by sector 23 Feb 08:35 AM T-1-Manhattan, NY GDP by sector annually a all industry total is $755 billion and private industries are $721 billon mena government has share of $34 billion so we need to improve here vs Mr. Eric Adams should focus to g......Read More From:George Washington Jr. To:Council, City Subject:The Boeing Company Date:Thursday, February 24, 2022 2:01:33 AM CAUTION: This email originated from outside of the organization. Be cautious ofopening attachments and clicking on links. ©2022 DC Consulting | New York, USA Web Version Preferences Forward Unsubscribe Powered by GoDaddy Email Marketing ® From:Loran Harding To:Loran Harding; dennisbalakian; David Balakian; Dan Richard; Doug Vagim; Daniel Zack; Cathy Lewis; Council, City; mthibodeaux@electriclaboratories.com; margaret-sasaki@live.com; merazroofinginc@att.net; Mark Standriff; Mayor; esmeralda.soria@fresno.gov; beachrides; fred beyerlein; bearwithme1016@att.net; eappel@stanford.edu; grinellelake@yahoo.com; Gabriel.Ramirez@fresno.gov; jerry ruopoli; Joel Stiner; lalws4@gmail.com; leager; Leodies Buchanan; nick yovino; russ@topperjewelers.com; Sally Thiessen; Steve Wayte; tsheehan; terry; VT3126782@gmail.com; vallesR1969@att.net Subject:Fwd: Prime Minister Questions, Tuesday, Feb. 22, 2022 around noon there. Date:Thursday, February 24, 2022 1:59:10 AM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. ---------- Forwarded message --------- From: Loran Harding <loran.harding@stanfordalumni.org> Date: Wed, Feb 23, 2022 at 9:29 PM Subject: Prime Minister Questions, Tuesday, Feb. 22, 2022 around noon there. To: Loran Harding <loran.harding@stanfordalumni.org> Wed. Feb. 2, 2022 late. To all- This is good. Members get to pose questions of the Prime Minister. E.g., "Dirty Russian money has been flowing like a sewer through London for decades because some British officials receive a golden handshake. What is the PM doing to stop it?" They are generally reasonable, but at times they do seriously excoriate each other. Watch again: Boris Johnson faces Keir Starmer at PMQs - YouTube I stumbled into this live at 4:30 AM this morning- the early morning hours of Wednesday, Feb. 23, 2022, in California, 12:30 PM Wednesday in London. Well worth seeing. Fun to watch the House of Commons live. Some on the Labor side say that the PM has not done enough wrt sanctions on Russia. He says they are damaging some oligarchs. He also says that the UK has led the west on the sanctions. The invasion is under way. I hope the Ukranians take a few Russians with them, the bastards. When they get to the NATO countries, they'll get a warm welcome. Recall that Patton said in ~May of 1945 that "we'll have to fight the Russians sometime anyway, it might as well be now". For that, Ike relieved him of 3rd Army. L. William Harding Fresno, Ca. From:Bernard Kress To:Council, City Subject:Public spaces should be a public matter! Date:Wednesday, February 23, 2022 7:06:05 PM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Dear City Council of the City of Palo Alto, In anticipation of your meeting on February 28th, we implore you to put the matter of streets and parklet usage to a wider public vote. The decision of how City property should be used — and how it can benefit the broadest possible group of residents — should be decided by members of our community. It should not be subject to a subset of influential few. After two years of increased public engagement on the social and health benefits of our streets, we urge you to consider this as a unique opportunity to further a sense of collective agency over our public spaces. A concerned citizen of our community, Bernard Kress. From:Anusha Balakrishnan To:Council, City Subject:I"m Voting to Keep Parklets & Ramona St Closed Date:Wednesday, February 23, 2022 6:45:41 PM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear City Council of Palo Alto, In anticipation of your meeting on February 28th 2022, we implore you to keep Ramona Street Closed and continue to allow parklets. I like dining outdoors and the feeling on Ramona Street with the half closure, so please count my vote for keeping parklets & Ramona Street CLOSED for safe outdoor dining. From:raymondclifford4000@yahoo.com Subject:Hello Dear, Date:Wednesday, February 23, 2022 6:25:18 PM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Hello Dear, I am requesting for your partnership in re-profiling business which we will benefit immensely. Further details will be given to you as soon as your interest is indicated by replying me. Regards Raymond Clifford From:Business Proposal Subject:ATTENTION Date:Wednesday, February 23, 2022 5:41:28 PM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ -- I have proposal for you. From:Mario Latendresse To:Council, City Subject:Public spaces should be a public matter! Date:Wednesday, February 23, 2022 3:04:39 PM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear City Council of the City of Palo Alto, In anticipation of your meeting on February 28th, we implore you to put the matter of streets and parklet usage to a wider public vote. The decision of how City property should be used — and how it can benefit the broadest possible group of residents — should be decided by members of our community. It should not be subject to a subset of influential few. After two years of increased public engagement on the social and health benefits of our streets, we urge you to consider this as a unique opportunity to further a sense of collective agency over our public spaces. A concerned citizen of our community, [ your name] From:Allan Seid To:Channing House Bulletin Board Subject:Fwd: Breaking News: The Justice Dept. will end a Trump-era effort to fight Chinese national security threats that critics said unfairly targeted Asian professors. Date:Wednesday, February 23, 2022 2:25:26 PM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. From: The New York Times <nytdirect@nytimes.com> Date: Wed, Feb 23, 2022 at 12:53 PM Subject: Breaking News: The Justice Dept. will end a Trump-era effort to fight Chinese national security threats that critics said unfairly targeted Asian professors. View in browser | nytimes.com BREAKING NEWS The Justice Dept. will end a Trump-era effort to fight Chinese national security threats that critics said unfairly targeted Asian professors. Wednesday, February 23, 2022 3:51 PM EST While the program, known as the China Initiative, has resulted in numerous pleas and convictions, several cases against academics have ended in acquittal or dismissal. Read the latest ADVERTISEMENT You received this email because you signed up for NYTimes.com’s Breaking News Alerts. To stop receiving these emails, unsubscribe or manage your email preferences. Subscribe to the Times Get the NYT app Change Your Email Privacy Policy Contact Advertise California Notice The New York Times Company, 620 Eighth Avenue, New York, NY 10018 From:Geoff Hasbrook To:Council, City Subject:Closure of Ramona street Date:Wednesday, February 23, 2022 2:04:36 PM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Hello i understand that the City Council wants to close the parklets. I am a regular customer of Coupa Cafe. It would hurt their business and other restaurants and tenants on this atreet. I was raised in Palo Alto and the city has changed for the worst. I am now in Sunnyvale. I lived on Rhodes Drive and went to Paly. Perhaps the City Council should be more aware of preserving the parklets. The streets are public property. The sidewalks are public property. Keep the business alive. The city is dying. Geoff Hasbrook From:Anu Bhambri To:Council, City Subject:Public spaces should be a public matter! Date:Wednesday, February 23, 2022 1:58:26 PM [Some people who received this message don't often get email from anu@roohsf.com. Learn why this is important at http://aka.ms/LearnAboutSenderIdentification.] CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Dear City Council of the City of Palo Alto, In anticipation of your meeting on February 28th, we implore you to put the matter of streets and parklet usage to a wider public vote. The decision of how City property should be used — and how it can benefit the broadest possible group of residents — should be decided by members of our community. It should not be subject to a subset of influential few. After two years of increased public engagement on the social and health benefits of our streets, we urge you to consider this as a unique opportunity to further a sense of collective agency over our public spaces. A concerned citizen of our community, Thanks, Anu Bhambri ROOH From:Ashley Davis Subject:Great deals, Hire a LOGO designer at the best possible price. Date:Wednesday, February 23, 2022 1:53:12 PM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Hello, Greetings from DesignViva! Hope you are doing well !! Do you know - Your logo builds an image and a brand that can be greater than your individual identity. Make sure to build an impression that can evoke customers to do business with you. Want to know how to get a Logo that will compliment your brand? We can help you get one, Our team of professionals will strive to get you the best of design in accordance with your need and brand aim.! We have served more than 7400 Clients. Check out our work on our Instagram. Contact us (+1) 9094987697 https://www.designviva.com/design-consultation Visit Our Website https://www.designviva.com/logo-design Portfolio https://www.instagram.com/designvivadv/ Why choose us? We provide multiple file formats 24 hrs quick turnaround time 24*7 reliable customer support Multiple revisions Lowest possible rates Seize the most exciting offer! Get a Free Business Card or Facebook cover design with customised Logo Design. The best customised Graphic design deals are just a click away! Thanks From:Aram James To:Council, City; City Mgr; Jonsen, Robert; chuck jagoda; Greer Stone; Winter Dellenbach; Roberta Ahlquist; Stump, Molly; Jeff Moore; Sajid Khan; Jeff Rosen; Jay Boyarsky; Vara Ramakrishnan; Rebecca Eisenberg; Diana Diamond; Binder, Andrew; Reifschneider, James; Enberg, Nicholas; City Mgr; paloaltofreepress@gmail.com; ParkRec Commission; planning.commision@cityofpaloalto.org; Stump, Molly; wilpfpeninsulapaloalto@gmail.com Subject:Palo Alto City Council: Get rid of police encryption! Now! Please! | An Alternative View | Diana Diamond | Palo Alto Online | Date:Wednesday, February 23, 2022 1:34:38 PM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ https://www.paloaltoonline.com/blogs/p/2022/02/22/palo-alto-city-council-get-rid-of-police-encryption-now-please Sent from my iPhone From:slevy@ccsce.com To:Council, City; Planning Commission Cc:Rachel Tanner; Wong, Tim; Lait, Jonathan; Shikada, Ed Subject:public engagement, outreach and ease of public comment in the HE update process Date:Wednesday, February 23, 2022 1:31:50 PM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Tonight the PTC should allow public comment at the beginning of the HE update item, which is luckily first on the agenda. Below is a link to the HCD public participation guidelines https://www.hcd.ca.gov/community-development/building-blocks/getting-started/public- participation.shtml My experience with participating is that the city needs MAJOR improvements. The one exception is that public comment is at the beginning of the HE working group meeting. There are two topics: 1) Outreach so folks know opportunities to participate and' 2) Ease of commenting if you actually get to the meeting Item 2--PTC and Council The current protocol is that one cannot comment on an agenda item until it comes up-- often late in the meeting THESE ARE BARRIERS TO PUBLIC PARTICIPATION and should be changed for HE update items At the last PTC meeting, the HE item was second (all should be first) and the public including me has to wait almost 2 hours for the staff report and PTC questions--ANOTHER UNECESSARY BARRIER. I believe all HE update items at PTC and council should be frost on the agenda (or allow public comment under oral communications) and public comment should be at the start of the item Item 1--Public outreach Here the city gets an F. I do not see a way to get PTC notices. The HE update site is hard to find. AND THIS IS IF YOU KNOW TO TRY. The city as I read the HCD guidelines should be actively reaching out. The city could send HE update notices to groups to circulate to their members--LWVPA, the Renters Association, climate action groups., PTAs, the Chamber, the POST and Weekly.... That's enough for now Take a look at the guidelines and improve our engagement efforts. Stephen Levy From:Reply Subject:Reply Date:Wednesday, February 23, 2022 1:19:06 PM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ This is Michael Catos,I am told that you have asked either your uncle or cousin name James to take charge of the money since you lost your child. So I do not know how truth is the information and that is why I never go further to assist you.Could you confirm this information now Thanks Michael Catos From:Allan Seid To:Channing House Bulletin Board Subject:Fwd: Silicon Valley lawmakers introduce bill to quell disruptions at public meetings Date:Wednesday, February 23, 2022 10:40:41 AM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. From: Allan Seid <allanseid734@gmail.com> Date: Wed, Feb 23, 2022 at 9:54 AM Subject: Silicon Valley lawmakers introduce bill to quell disruptions at public meetings https://www.mercurynews.com/2022/02/22/silicon-valley-lawmakers-introduce- bill-to-quell-disruptions-at-public-meetings/? campaign=sjmnsanmateocounty&+utm_email+=5471747C047CF4F134FEE503F E&g2i_eui=sqnKQBf51kRyOuCrHJAwNHEFBT0TrrOE&g2i_source=newslette r&lctg=5471747C047CF4F134FEE503FE&active=no&utm_source=listrak&utm _medium=email&utm_term=https%3a%2f%2fwww.mercurynews.com%2f2022 %2f02%2f22%2fsilicon-valley-lawmakers-introduce-bill-to-quell-disruptions-at- public-meetings%2f&utm_campaign=bang-sjmn-nl-san-mateo-county-news- nl&utm_content=automated Silicon Valley lawmakers introduce bill to quell disruptions at public meetings Sen. Dave Cortese said “intense hostility” at public meetings is on the rise Grace Hase February 23, 2022 at 2:21 a.m. Sen. Dave Cortese, pictured above, and Assm. Evan Low introduced Senate Bill 1100 last week to help clarify the nearly 70-year-old Ralph M. Brown Act. (Nhat V. Meyer/Bay Area News Group) Chaos ensued last fall in the Los Gatos Town Council chambers as members of a far-right group disrupted meeting after meeting by shouting out of order and lodging personal attacks at council members. It’s a scene increasingly played out at city council and school board meetings across the country, leading to calls for more law enforcement to stand guard, triggering delays and in some cases, prompting the sessions to be moved back online entirely. Now, two Silicon Valley lawmakers want to strengthen a nearly-70- year-old law that regulates conduct at public meetings. Senator Dave Cortese (D-San Jose) has introduced Senate Bill 1100 — co-authored by Assemblyman Evan Low (D-Campbell) — which would update the Ralph M. Brown Act, California’s open meeting law. The new bill seeks to clarify what constitutes a meeting disruption and when someone could be removed from a public meeting. The 1953 law allows local jurisdictions to remove individuals or groups who are “willfully interrupting” meetings. But Cortese and Low think that term is too vague. SB 1100 will give “clearer guidance on what really constitutes an unlawful disturbance,” Cortese told this news organization.” The bill’s text defines willful interruption as an individual or group who is “intentionally engaging in behavior” that “substantially impairs or renders infeasible the orderly conduct of the meeting.” The bill would also require an individual or group to receive a warning first before they are removed. “There is actually an abundance of opportunities to have public discourse,” Low said in an interview. “What we were talking about here now, though, is the type of misconduct and discourse behavior that is disruptive and also exacerbates a type of intimidation that is not conducive of the type of democracy we’re hoping for.” Last October, Cortese and Low sent a letter to Los Gatos Town Manager Laurel Prevetti condemning the “bullying, harassment and intimidation” at several council meetings. Members of a far-right group — many of who identified themselves as supporters of President Donald Trump — were disrupting meetings, spouting hate speech and criticizing the council’s diversity, equity and inclusion initiatives. At an Oct. 5 meeting, several members verbally attacked then-Mayor Maurico Sayoc’s son, which led to a confrontation between them and Sayoc’s husband, Jeffrey Scott. The council cleared the chambers and moved back to virtual meetings to prevent further disruptions. In the press release announcing the bill, Sayoc emphasized the importance of local government serving “residents without disruptions caused by malicious attempts to intimidate people who are participating in democracy.” As a longtime lawmaker on the San Jose City Council, the Santa Clara County Board of Supervisors and now the state legislature, Cortese said he’s seeing more “intense hostility” now than in prior years. “During my first eight years in office as noisy as the meetings would get at the San Jose City Council sometimes, I don’t know anyone on the council including myself who ever issued a restraining order against a member of the public,” he said. “It’s something you just see more often now.” The most recent example is 69-year-old Roland Lebrun, who in December was sentenced to a year’s probation and banned from Santa Clara Valley Transportation Authority meetings, facilities and transit vehicles after he made threats about shooting people. Los Gatos resident Rob Moore, who witnessed many of the disruptions last year, said the council was limited in what they could do to alleviate the turmoil. “With how the Brown Act was set up there was a lot of freedom for these agitators to do what they will,” he said. “The agitators who showed up to these meetings really had the law down to a tee. They knew how far they could go.” If SB 1100 makes its way to the governor’s desk, Moore believes much of the hate and vitriol seen last fall in Los Gatos will be eliminated. From:Allan Seid To:Channing House Bulletin Board Subject:Fwd: Equal-pay lawsuit settlement is a win for so many parties Date:Wednesday, February 23, 2022 7:47:47 AM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. From: Allan Seid <allanseid734@gmail.com> Date: Wed, Feb 23, 2022 at 7:39 AM Subject: Equal-pay lawsuit settlement is a win for so many parties GOOD NEWS- TO START THE DAY! http://enewspaper.latimes.com/infinity/article_share.aspx?guid=0f081a19-2b82-486d-a4f8- 0ffb9179a56c From:Juliana Timothy Subject:I Have A Donation For You Date:Wednesday, February 23, 2022 4:39:14 AM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. -- Greetings to you and your family i am Mrs. Juliana Timothy, A widow to Late Mr. Johnson Timothy of Ivory Coast i am 59 years old, my late Husband was working with Bahrain Embassy here in Ivory Coast also doing his cocoa company business here before his Sudden Death in 2017 by this country political group who kidnapped him and killed him. But before his death, he deposited the Sum of $4, Million US dollars with one of the Bank here in Ivory Coast in a Fixed Suspense Deposit Account with my name as next of kin and presently i am suffering a pancreatic cancer sickness my condition is really bad and it is quite obvious that i won’t live more than two months according to my doctor and i have no Child who is going to take care of this huge amount of money i am willing to donate the Sum of $4,Million US dollars for you to help Widows, Orphanages Home and the Less Privileged ones in the rural and urban areas and to carry out Charity works in your Country and around the World on my behalf i need your urgent response. Remain blessed. Your Sick Sister Mrs. Juliana Timothy. From:Dr Duma Musa Subject:Waiting for your urgent response. Date:Wednesday, February 23, 2022 2:11:04 AM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Hi friend, I am a banker in ADB BANK. I want to transfer an abandoned $18.5Million to your Bank account. 40/percent will be your share. No risk involved but keep it a secret. Contact me for more details. And also acknowledge receipt of this message in acceptance of my mutual business endeavor by furnishing me with the following: 1. Your Full Names and Address. 2. Direct Telephone and Fax numbers Please reply in my private email address (drdumamusa@gmail.com) for security and confidential reasons. Yours Dr Duma Musa Jobs growth phase 1 for Manhattan 22 Feb 06:34 PM Jobs growth phase 1 for Manhattan...Read More Household needed by state in USA 22 Feb 12:13 PM From:George Washington Jr. To:Council, City Subject:Jobs growth phase 1 for Manhattan Date:Wednesday, February 23, 2022 2:01:58 AM CAUTION: This email originated from outside of the organization. Be cautious ofopening attachments and clicking on links. 1-...Read More Total household needed in NY 22 Feb 10:58 AM 1-...Read More NYS state government comptroller’s data 22 Feb 08:59 AM Labor Force count in NY as per 2020...Read More ©2022 DC Consulting | New York, USA Web Version Preferences Forward Unsubscribe Powered by GoDaddy Email Marketing ® From:Loran Harding To:Loran Harding; antonia.tinoco@hsr.ca.gov; alumnipresident@stanford.edu; David Balakian; beachrides; fred beyerlein; bballpod; bearwithme1016@att.net; Leodies Buchanan; Cathy Lewis; Chris Field; Council, City; dennisbalakian; Doug Vagim; Dan Richard; esmeralda.soria@fresno.gov; eappel@stanford.edu; grinellelake@yahoo.com; Gabriel.Ramirez@fresno.gov; George.Rutherford@ucsf.edu; huidentalsanmateo; hennessy; Irv Weissman; jerry ruopoli; Joel Stiner; kfsndesk; kwalsh@kmaxtv.com; karkazianjewelers@gmail.com; lalws4@gmail.com; leager; margaret-sasaki@live.com; mthibodeaux@electriclaboratories.com; merazroofinginc@att.net; Mark Standriff; Mayor; newsdesk; nick yovino; news@fresnobee.com; david pomaville; russ@topperjewelers.com; Sally Thiessen; tsheehan; terry; VT3126782@gmail.com; vallesR1969@att.net; Steve Wayte; Daniel Zack Subject:Fwd: Dr. John Campbell for Mon. 2-21-22 "The legal restrictions will end on Th in UK Date:Wednesday, February 23, 2022 1:48:43 AM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. ---------- Forwarded message --------- From: Loran Harding <loran.harding@stanfordalumni.org> Date: Wed, Feb 23, 2022 at 1:27 AM Subject: Dr. John Campbell for Mon. 2-21-22 "The legal restrictions will end on Th in UK To: Loran Harding <loran.harding@stanfordalumni.org> Late on Tues. 2-22-22 To all- All mandatory restrictions wrt Covid will end in England onThurs. 2-24-22. Here, Dr. Campbell discusses the wisdom of that, and, with qualifications, he is generally supportive. The devolved governments of Scotland, Wales and N. Ireland will make their own decisions on that. GOOD NEWS!! Pandemic ends Thursday | Dr John Campbell - YouTube Public health officials in the US, fed, state and local, should see this. The US is not England. They have a higher vaccination rate than we have because their education system is better. They don't have half the political establishment enriching themselves by keeping the population broke, barefoot and pregnant. But there are nuances here to note. The most vulnerable must continue to be looked out for in England and elsewhere. Elderly with co- morbidities, the immunocompromised, such as transplant recipients, and the unvaccinated must still be careful. The government there is now shifting the message from mandates to recommendations, and they assume that by now, most people understand how best to protect themselves if they are vulnerable to infection. He goes over symptoms of Omicron infection: the big ones are common-cold symptoms: runny nose, headache, sneezing, sore throat, fatigue. Then he lists about 15 less common ones. He makes the point over and over that if one is vaccinated, he has measurable antibodies, which decline in number over about 3 months, making him vulnerable again. But if he has been exposed to the virus, he has better protection: He has long-lived lymphocytes, the T cells and B cells. Vaccination does not produce those. So the population of England now has pretty good herd immunity, the government, and Dr. Campbell are saying. A 90-some percent vaccination rate combined with wide-spread exposure to Covid has produced a population which can now withstand what is left of the Omicron variant, including the new BA.2 subvariant. BTW, that BA.2 is now slowly spreading in the US, the networks say. All this discussion of how exposure to the virus is "good" seems a little strange. You'll be sick for a few days, at worst, in most cases, if you are typical. Delta is gone, replaced by far less pathogenic Omicron, including the more transmissible BA.2 Omicron. But if you are elderly with diabetes, e.g., I think their message is still to exercise care. Wear a good N95 mask, avoid crowds, especially indoors, social distance, wash hands, good diet, good sleep, Dr. Campbell would say take some vitamin D3 every day, some Vit. C, and some zinc. I take 15 mg of zinc daily with the vitamins. I personally have stayed off of airplanes for two years and avoided the gym and the barber shop for almost as long. I have not knowingly gotten sick yet. I was boosted on Nov. 2, 2021 with Moderna, so that protection is now rapidly fading in late February. I hope the US government follows through with their idea of a fourth shot this fall, possibly combined with the flu vaccine, possibly just for the more vulnerable. I'll be eager to get a fourth shot. BTW, Dr. Campbell talked the other day about how immunity from vaccination lasts significantly longer if the time between shots is as much as three months. That is what it was in the UK. He cannot understand why, in the US, shots were given 4 weeks apart- the first two primary shots. L. William Harding Fresno, Ca. From:€3M Donation Subject:Re: €3m Donation For You Date:Wednesday, February 23, 2022 12:55:31 AM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Hello We are Frances & Patrick Connolly, we live in Moira, we recently won the lottery, and we have decided to make donations of different amounts to 50 lucky individuals, churches and organizations and also,20 lucky international individuals like you will also benefit from us. We are glad to announce to you that, on behalf of Frances & Patrick Connolly Family, we donate €3,000,000.00 EUR to you as a gift to help fight Corona Virus in your city and support people who need money to buy food. Your email address was submitted to me and my wife from the best web directory and search engine by legal advisers to the donation scheme. You received this message because we have listed you as one of our 50 lucky millionaires. These specific Donations/Grants will be awarded to 20 lucky international recipients worldwide in different categories for their personal business development and enhancement of their personal life. The objective is to make a notable change in the standard of living of people all around the Universe. I know this might come as a surprise to you but it is 100% true. We don't know how to write much, You can check our story out with this link: (https://www.bbc.com/news/uk-northern-ireland-46756469). Please provide your information below for claims and contact (fnpconnooly17@gmail.com) for more info Names: Address: Phone: Occupation: Country: Best regards. From:Customer Service To:Council, City Subject:Attn : Your PayPal account access is temporarily limited Date:Tuesday, February 22, 2022 9:47:30 PM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. PayPal Dear User, Attn: We noticed unusual activity in your PayPal account Thanks for your patience while we review the unauthorised activity case on a payment you have sent. We're happy to confirm that this transaction is eligible for PayPal Buyer Protection, and we'll cover the full disputed amount for you if there are any. The payment for this transaction is now pending in your PayPal balance awaiting confirmation from the sender. If It’s you, There's no further action required from you at this time. We'll let you know if we need any additional information. Transaction details Merchant's name: HOME DEPOT Merchant's transaction ID: JLINHC4GEXVB5 Your transaction ID: D36GNKI85VVD46Y Invoice ID: INVD09-KUHO-8467-HFVD-6234 Transaction date: 23 February 2022 Transaction amount: $1197.99 USD If you did not authorize the charge, you have 72 hours from the date of transaction to open a dispute. For more information, We recommend you to get in touch with us. PayPal Customer Service toll-free for the USA & CANADA +1 (845) 316 8655 or info@paypal.com Please don't reply to this email. This mailbox is not monitored and you will not receive a response. For assistance, log in to your PayPal account and click help in the top right corner of any PayPal page. From:Sky Posse Post To:Council, City; Shikada, Ed; Stump, Molly Subject:60 day deadline for GBAS Overlays Date:Tuesday, February 22, 2022 6:14:00 PM Attachments:KSFO_GLS_IER_04012021-NCT.pdf CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear Council, City Manager, and City Attorney, The FAA has published GBAS "overlays" navigation charts, as of January 27. Please confirm with the City's expert attorneys that this may be the date to count the 60 days statute of limitations for the GBAS "overlays" and because - as of today - the FAA's final rule or environmental declaration for GBAS overlays has not been published. We know that as of January 21, the FAA's records showed only the attached "initial" environmental review; not the final environmental declaration for GBAS overlays, per a citizen FOIA request. It is especially important to please alert residents about what course you are taking about the GBAS overlays before the 60 day deadline. In 2019, Council voted to respond to FAA actions affecting Palo Alto within the statute of limitations to challenge a federal action using the "fast track" process that was developed by the City Manager and City Attorney's office. Among the "fast track" steps that Council voted on in 2019 was to take alerts from citizens about impending actions (so as to not miss any deadlines); consider residents' concerns; and for the City to expertly address and communicate to authorities environmental concerns such as those identified in the November 13, 2018 City letter to then Acting FAA Administrator FAA Dan Elwell, including with a petition for review to the FAA, if necessary. The administrative irregularities identified in the November 13 City letter to FAA are almost identical for the GBAS overlays. All solid grounds to challenge the procedures. Since 2018, the City has since been receiving various alerts from citizens about all airspace procedures affecting Palo Alto, and more specifically serious concerns about the GBAS "overlays." In fact, the risks of the GBAS overlays to Palo Alto are much greater than PIRAT. We are also concerned that there is now conflicting/misleading information about GBAS from the City. A recent publication by Vice-Mayor Lydia Kou (to an audience that appears to be the Vice-Mayor's personal communications with residents) states that the City has hired a consultant to look at the potential benefits and risks of the GBAS "innovatives." The innovatives are not on the table possibly for years and yet the City has not said anything to people who stand to be affected by GBAS' actual and serious risks with the GBAS overlays. A public communication and details from the City would be welcome, and to make sure all stakeholders are informed. We look forward to more information from the City, especially regarding its commitment to avert missing the 60 day deadline for procedures that have many problems such as the GBAS overlays. Thank you, Sky Posse Palo Alto 2/28/19 JO 7400.2M Appendix 5-1 Air Traffic Initial Environmental Review (IER) San Francisco International Airport, GLS Approaches to RWYs 19L/R and 28L/R IFP Environmental Pre-screening Filter Submissions: KSFO_190711_04 and KSFO_2124 Page 1 of 33 Appendix 5. Air Traffic Initial Environmental Review (IER) Facility: Northern California Terminal Radar Approach Control (NCT) Date: 04/01/2021 Prepared by: FAA Western Service Area Operations Support Group Phone: 202-550-6876 ==================================================================== NOTE: This IER provides basic information about the proposed action to better assist in preparing for the environmental analysis phase of a proposed action. Although it requests information in several categories, not all the data may be available initially; however, it does represent information, in accordance with FAA Order 1050.1F, Environmental Impacts: Policies and Procedures, dated July 16, 2015, which ultimately will be needed for preparation of the appropriate environmental document. If the Instrument Flight Procedure (IFP) Environmental Pre-Screening Filter is used for initiating the environmental review process, and it passes the initial screening, then the IER is unnecessary. Additional guidance on the identification of potential environmental impacts by environmental category is available in FAA Order 1050.1F Desk Reference (1050.1F Desk Reference). Section 1. Proposed Project Description Describe the proposed project. Include general information identifying procedure(s) and/or airspace action(s) to be implemented and/or amended. Identify the associated airports and/or facilities. The Federal Aviation Administration (FAA) is proposing to implement four new (Ground Based Augmentation System [GBAS])/Landing System (GLS) approach procedures for Runways (RWY) 19 Left (L)/Right (R) and RWYs 28L/R at the San Francisco International Airport (KSFO), San Francisco, California. Additionally, the missed approaches for Instrument Landing System (ILS) or Localizer (LOC) RWY 19L and Area Navigation (RNAV) (Global Positioning System [GPS]) RWY 19L/R will be amended to provide for safer simultaneous operations with closely spaced parallel runways. 1.1. Describe the operational and/or environmental benefits that may result if the proposed action is implemented. GBAS/GLS approaches provide an alternative to the ILS approach procedures and support the full range of approach and landing operations. GBAS provides Category I (CAT I) precision approach minimums. GLS procedures can reduce the approach minima and enable more efficiency by allowing simultaneous operations during lower ceilings and visibility conditions. Additionally, GLS approaches offer redundancy for adequately equipped aircraft if ILS approaches are not available. 1.1.1. Is a reduction of fuel cost and/or energy consumption anticipated as a result of the proposed action? Yes No N/A Fuel consumption is not applicable to the purpose and need of the project. 2/28/19 JO 7400.2M Appendix 5-2 Air Traffic Initial Environmental Review (IER) San Francisco International Airport, GLS Approaches to RWYs 19L/R and 28L/R IFP Environmental Pre-screening Filter Submissions: KSFO_190711_04 and KSFO_2124 Page 2 of 33 1.1.1.a. If so, can it be quantified, and how? Yes No N/A Not applicable to the purpose and need of the project. 1.1.1.b. If not quantifiable, describe the approximate anticipated benefits in lay terms. Not applicable to the purpose and need of the project. 1.1.2. Describe any additional operational and/or environmental benefits that may result from the proposed action. No additional benefits are applicable to the purpose and need of the project. 1.2. Describe the existing procedure(s) (the no action alternative) in full detail. Provide the necessary chart(s) depicting the current procedure(s). Describe the typical fleet mix, including (if possible) the number and types of aircraft on the route (both annually and average day) and depict their altitude(s) along the route. Currently published instrument approach procedures (IAP) relevant to the proposed action are listed below: 1. RNAV (GPS) RWY 19L 2. RNAV (GPS) RWY 19R 3. RNAV (GPS) RWY 28L 4. RNAV (GPS) Z RWY 28R 5. ILS or LOC RWY 19L The above-mentioned IAPs with prescribed altitudes are depicted in the following figures. 2/28/19 JO 7400.2M Appendix 5-3 Air Traffic Initial Environmental Review (IER) San Francisco International Airport, GLS Approaches to RWYs 19L/R and 28L/R IFP Environmental Pre-screening Filter Submissions: KSFO_190711_04 and KSFO_2124 Page 3 of 33 Figure 1. Existing RNAV (GPS) RWY 19L 2/28/19 JO 7400.2M Appendix 5-4 Air Traffic Initial Environmental Review (IER) San Francisco International Airport, GLS Approaches to RWYs 19L/R and 28L/R IFP Environmental Pre-screening Filter Submissions: KSFO_190711_04 and KSFO_2124 Page 4 of 33 Figure 2. Existing RNAV (GPS) RWY 19(R) 2/28/19 JO 7400.2M Appendix 5-5 Air Traffic Initial Environmental Review (IER) San Francisco International Airport, GLS Approaches to RWYs 19L/R and 28L/R IFP Environmental Pre-screening Filter Submissions: KSFO_190711_04 and KSFO_2124 Page 5 of 33 Figure 3. Existing RNAV (GPS) RWY 28L 2/28/19 JO 7400.2M Appendix 5-6 Air Traffic Initial Environmental Review (IER) San Francisco International Airport, GLS Approaches to RWYs 19L/R and 28L/R IFP Environmental Pre-screening Filter Submissions: KSFO_190711_04 and KSFO_2124 Page 6 of 33 Figure 4. Existing RNAV (GPS) Z RWY 28R 2/28/19 JO 7400.2M Appendix 5-7 Air Traffic Initial Environmental Review (IER) San Francisco International Airport, GLS Approaches to RWYs 19L/R and 28L/R IFP Environmental Pre-screening Filter Submissions: KSFO_190711_04 and KSFO_2124 Page 7 of 33 Typical KSFO arrival runway usage for the Year 2019 is provided in the following table. (See FAA NextGen Shared Services website: https://sda.tc.faa.gov/AfsTools/#/). Runway Annual Arrivals (predominantly jets) Average Daily Arrivals 19L 10,974 30 19R 993 3 28L 92,939 255 28R 120,540 330 Figure 5. ILS or LOC RWY 19L 2/28/19 JO 7400.2M Appendix 5-8 Air Traffic Initial Environmental Review (IER) San Francisco International Airport, GLS Approaches to RWYs 19L/R and 28L/R IFP Environmental Pre-screening Filter Submissions: KSFO_190711_04 and KSFO_2124 Page 8 of 33 1.3. Describe the proposed action, providing the necessary chart(s) depicting changes. Describe anticipated changes to the fleet mix, numbers of aircraft on the new routes and their altitude(s), if any. The proposed new and amended procedures are described in the following table: No change in the fleet mix is anticipated. No increase in air traffic operations is anticipated. Some of the aircraft that currently utilize RNAV (GPS) procedures are expected to utilize the new GLS procedures. Proposed procedures and amendments are depicted in the following figures: Proposed Action for KSFO Procedure Name Amendments GLS RWY 19L The new procedure will match all courses and altitudes of the RNAV (GPS) RWY 19L. GLS RWY 19R The new procedure will match all courses and altitudes of the RNAV (GPS) RWY 19R. GLS RWY 28L The new procedure will match all courses and altitudes of the RNAV (GPS) RWY 28L. GLS RWY 28R The new procedure will match all courses and altitudes of the RNAV (GPS) Z RWY 28R. ILS or LOC RWY 19L The missed approach changed from a climbing left turn to 4,000 feet on SFO very high-frequency omnidirectional range (VOR)/ distance measuring equipment (DME) radial (R)-101 to DUMBA intersection/SFO 15 DME and hold, to a climbing left turn to 4,000 feet on SFO VOR/DME R-106 to KATFH intersection/SFO 18.5 DME and hold. RNAV (GPS) RWY 19L The missed approach changed from a climbing left turn to 3,000 feet direct DUMBA and hold, to a climbing left turn to 4,000 feet direct new waypoint at 37°31’58.54”N, 122°12’13.87W and on track 108.90° to KATFH and hold. RNAV (GPS) RWY 19R The missed approach changed from a climbing left turn direct KATFH and hold to climbing left turn, to 3,000 feet direct new waypoint at 37° 34’17.48”N, 122°15’25.54”W and on track 103.90° to DUMBA and hold. 2/28/19 JO 7400.2M Appendix 5-9 Air Traffic Initial Environmental Review (IER) San Francisco International Airport, GLS Approaches to RWYs 19L/R and 28L/R IFP Environmental Pre-screening Filter Submissions: KSFO_190711_04 and KSFO_2124 Page 9 of 33 Figure 6. Proposed GLS 19L – Approach Course (white) and Missed Approach Course (yellow) Figure 7. Proposed GLS 19R – Approach Course (white) and Missed Approach Course (yellow) 2/28/19 JO 7400.2M Appendix 5-10 Air Traffic Initial Environmental Review (IER) San Francisco International Airport, GLS Approaches to RWYs 19L/R and 28L/R IFP Environmental Pre-screening Filter Submissions: KSFO_190711_04 and KSFO_2124 Page 10 of 33 Figure 8. Proposed GLS 28L Approach (white) and GLS 28R Approach (yellow) Figure 9. Proposed RNAV (GPS) RWY 19L Missed Approach Course (yellow) and the Current RNAV (GPS) RWY 19L (white) 2/28/19 JO 7400.2M Appendix 5-11 Air Traffic Initial Environmental Review (IER) San Francisco International Airport, GLS Approaches to RWYs 19L/R and 28L/R IFP Environmental Pre-screening Filter Submissions: KSFO_190711_04 and KSFO_2124 Page 11 of 33 Figure 10. Proposed RNAV (GPS) RWY 19R Missed Approach Course (yellow) and the Current RNAV (GPS) RWY 19R (white) Figure 11. Proposed ILS or LOC RWY 19L Missed Approach course (yellow) and the Current ILS or LOC RWY 19L (white) 2/28/19 JO 7400.2M Appendix 5-12 Air Traffic Initial Environmental Review (IER) San Francisco International Airport, GLS Approaches to RWYs 19L/R and 28L/R IFP Environmental Pre-screening Filter Submissions: KSFO_190711_04 and KSFO_2124 Page 12 of 33 1.3.1. Has airspace modeling been conducted using Sector Design Analysis Tool (SDAT), Aviation Environmental Screening Tool (AEST), Terminal Area Route Generation, Evaluation, and Traffic Simulation (TARGETS), or another airspace/air traffic design tool? Yes. Model: TARGETS No If yes, provide a summary of the output from the modeling. Figures in Section 1.3 were generated in TARGETS. 1.3.2. Will there be actions affecting changes in aircraft flights between the hours of 10 p.m. – 7 a.m. local? Yes No Describe: The following figure shows the arrival procedures’ hourly frequency for RWYs 19L/R and 28L/R for 2019. (FAA’s NextGen Shared Services: https://sda.tc.faa.gov/AfsTools/#/). Flights arriving between the hours of 10 p.m. and 7 a.m. are also expected to utilize the GLS approaches. 1.3.3. Are any noise abatement programs presently in effect for the affected airport(s), formal or informal? Yes No N/A Describe: The preferred runway for arrivals during both daytime (0700–2200 local time) and nighttime (2200–0700 local time) is RWY 28L/R using the QUIET BRIDGE Charted Visual Flight Procedure (CVFP). The Nighttime Preferential Runway Use Program aims to maximize flights over water and minimize flights over land and populated areas between 0100 and 0600 (local time), reducing nighttime noise in the airport’s surrounding communities. More information on KSFO noise abatement is available at https://www.flysfo. com/community/noise/making-sfo-quieter/noise-abatement-procedures. 1.3.4. Will airport preferential runway configuration use change as a result of the proposed action? Yes No N/A Explain: 2/28/19 JO 7400.2M Appendix 5-13 Air Traffic Initial Environmental Review (IER) San Francisco International Airport, GLS Approaches to RWYs 19L/R and 28L/R IFP Environmental Pre-screening Filter Submissions: KSFO_190711_04 and KSFO_2124 Page 13 of 33 1.3.5. Is the proposed action primarily designed for Visual Flight Rules (VFR), Instrument Flight Rules (IFR) operations, or both? VFR IFR Both If the proposed action specifically involves a charted visual approach (CVA) procedure, provide a detailed local map indicating the route of the CVA, along with a discussion of the rationale for how the route was chosen. N/A 1.3.6. Will there be a change in takeoff power requirements? Yes No If so, what types of aircraft are involved, i.e., general aviation propeller-driven versus large air carrier jets? 1.3.7. Will all changes occur over 3,000 feet above ground level (AGL)? Yes No 1.3.8. What is the lowest altitude on newly proposed routes or on existing routes that will receive an increase in operations? An increase in operations is not the purpose and need for the proposed action. An increase in operations is not expected as a result of the proposed implementation of new procedures. 1.3.9. Will there be actions involving civil jet aircraft arrival procedures between 3,000- 7,000 feet AGL or departures between 3,000-10,000 feet AGL? Yes No The proposed action involves the implementation of proposed new GLS approach procedures that could initiate between 4,000 feet and 7,000 feet, depending on the procedure. Section 2. Purpose and Need 2.1. Describe the purpose and need for the proposed action. Present the problem being addressed and describe what the FAA is trying to achieve with the proposed action. The purpose and need for the proposed action must be clearly explained and stated in terms that are understandable to individuals who are not familiar with aviation or commercial aerospace activities. If detailed background information is available, summarize here and provide a copy as an attachment to this review. Generally, aircraft arrive on RWYs 28L/28R at KSFO. To accommodate traffic demands, KSFO typically operates simultaneous arrivals and departures to RWYs 28L and 28R. During weather periods that exceed a 3,000-foot ceiling and 5 statute mile visibility, air traffic control (ATC) sequences arrivals utilizing visual separation between aircraft. During low visibility conditions, preventing the use of visual separation between arrivals—approximately 20% of the time on an annual basis—the airport must operate single stream arrivals, which significantly increases delays and 2/28/19 JO 7400.2M Appendix 5-14 Air Traffic Initial Environmental Review (IER) San Francisco International Airport, GLS Approaches to RWYs 19L/R and 28L/R IFP Environmental Pre-screening Filter Submissions: KSFO_190711_04 and KSFO_2124 Page 14 of 33 reduces airport access. The proposed GLS procedures would improve simultaneous operations to RWYs 28L/28R by lowering the weather requirements. Additionally, there are no precision approaches to RWY 19R due to the proximity of rising terrain and airport infrastructure. Runways 19L/19R are typically used for landing approximately 5 percent of the time. For arrivals to RWYs 19L/19R, there is only a single ILS CAT I procedure to RWY 19L, and two RNAV (GPS) procedures. When the weather is below CAT I, arrivals are limited to a single stream on the ILS on RWY 19L. This approach conflicts with nearby Oakland International Airport traffic. The proposed GLS approach procedures to RWY 19L/R would improve efficiency in the airspace and enable improved access during reduced weather minima. 2.1.1. Is the proposed action the result of a user or community request or regulatory mandate? Community Request Regulatory Mandate User Request. 2.1.2. If not, describe what necessitates this proposed action: Section 3. Alternatives 3.1. Are there alternatives to the proposed action? Yes No If yes, describe any alternatives to the proposed action. The no action alternative is the only alternative to the proposed action. 3.2. Please provide a summary description of eliminated alternatives and the reasons for their elimination. The no action alternative does not meet the purpose and need of the proposed action. Section 4. Environmental Review and Evaluation The determination of whether a proposed action may have a significant environmental effect is made by considering requirements applicable to the specific environmental impact categories discussed below (see FAA Order 1050.1F, Appendix B). 4.1. Describe the Affected Environment 4.1.1. Describe the existing land use, including noise sensitive areas (if any) in the vicinity of the proposed action. As described in the CFR Part 150 Study Update for KSFO, the airport is located in eastern San Mateo County, California, and is owned by the city and county of San Francisco (CCSF), and operated by and through the San Francisco Airport Commission (Airport Commission). KSFO is located approximately 13 miles south of downtown San Francisco. The active operations area at SFO is bordered by San Francisco Bay to the east and U.S. Highway 101 (U.S. 101) to the west and south. The Airport is surrounded by the cities of Millbrae and Burlingame (to the south), San Bruno (to the west), and South San Francisco (to the north). 2/28/19 JO 7400.2M Appendix 5-15 Air Traffic Initial Environmental Review (IER) San Francisco International Airport, GLS Approaches to RWYs 19L/R and 28L/R IFP Environmental Pre-screening Filter Submissions: KSFO_190711_04 and KSFO_2124 Page 15 of 33 Generalized, planned land uses within the immediate vicinity of KSFO consist primarily of commercial and industrial uses, including transportation and utility infrastructure. Single and multi-family residential uses are the predominant planned land uses in areas west of U.S. 101. San Mateo County and its incorporated jurisdictions also provide a substantial amount of open space, parks, and recreational areas. The most prominent include the Golden Gate National Recreation Area in western San Mateo County, the San Bruno Mountains, and miles of shoreline along both the San Francisco Bay and the Pacific Ocean. With the Bay Area’s strong emphasis on technology, large portions of San Mateo County—and its cities—are also designated for professional office, research and development, and light industrial uses. The Part 150 Study Report is available at the following website: https:// www.flysfo.com/community/noise-abatement/sfo-part-150-study/ncp. The following figure depicts general land cover in the vicinity of the study area for the proposed action. Figure 12. General Study Area 2/28/19 JO 7400.2M Appendix 5-16 Air Traffic Initial Environmental Review (IER) San Francisco International Airport, GLS Approaches to RWYs 19L/R and 28L/R IFP Environmental Pre-screening Filter Submissions: KSFO_190711_04 and KSFO_2124 Page 16 of 33 4.1.2. Will the proposed action introduce air traffic over noise sensitive areas not currently affected? Yes No Describe: The proposed GLS procedures exactly overlay the tracks of the existing RNAV (GPS) procedures. 4.2. Environmental Consequences As stated in FAA Order 1050.1F, Paragraph 5-2.b., extraordinary circumstances exist when a proposed action meets both of the following criteria: 4.2.a. Involves any of the following circumstances below; and 4.2.b. May have a significant impact (see 40 CFR 1508.4). The proposed action does not involve land acquisition, physical disturbance, or construction activities. The following environmental impact categories were assessed and were deemed either not to be present or to have negligible or non- existent effects from the proposed action and, in accordance with Council on Environmental Quality (CEQ) regulations, did not warrant further analysis: Biological Resources (including Fish, Wildlife, and Plants) Climate Coastal Resources Farmlands Hazardous Materials, Solid Waste, and Pollution Prevention Land Use Natural Resources and Energy Supply Socioeconomic Impacts and Children’s Environmental Health and Safety Risks Water Resources (including Wetlands, Floodplains, Surface Waters, Groundwater, and Wild and Scenic Rivers) The proposed GLS procedures exactly overlay the tracks of the existing RNAV (GPS) procedures. There are no new ground tracks. Overall operations are not expected to change. Additionally, the proposed missed approaches are used in emergency situations, and their frequency of utilization cannot be predicted for environmental review purposes. Therefore, potential impacts (new or cumulative) to the environment are not expected or likely. 4.2.1. Air Quality Has research been conducted to identify areas of concern or communication with air quality regulatory agencies to determine if the affected area is a non- attainment area (an area which exceeds the Clean Air Act (CAA) National Ambient Air Quality Standards (NAAQS) for the following criteria air pollutants: ozone, carbon monoxide, lead, particulate matter, sulfur dioxide, or nitrogen dioxide) or maintenance area (an area which was in non-attainment but 2/28/19 JO 7400.2M Appendix 5-17 Air Traffic Initial Environmental Review (IER) San Francisco International Airport, GLS Approaches to RWYs 19L/R and 28L/R IFP Environmental Pre-screening Filter Submissions: KSFO_190711_04 and KSFO_2124 Page 17 of 33 subsequently upgraded to an attainment area) concerning air quality? Yes No Comment: Evaluation: Will implementation of proposed action result in an impact on air quality or a violation of local, state, tribal, or federal air quality standards under the Clean Air Act amendments of 1990? (See FAA Order 1050.1F, Paragraph 5- 2.b.(8), the Air Quality Handbook, and 1050.1F Desk Reference, Chapter 1 for details on how to make the determination.) Yes No Comment: The proposed actions are intended to enhance operational efficiency. Additionally, the proposed action would not change project-related aircraft emissions below 3,000 feet AGL. The proposed action is not intended to change the number of aircraft operations and/or aircraft fleet mix. The proposed action is presumed to conform to the State Implementation Plan (SIP). The proposed action is a type of action that promotes the safe, orderly, and expeditious flow of aircraft traffic, including airport, approach, departure, and en route ATC procedures. Therefore, it is presumed to conform as emissions from this type of action are below the applicable de minimis levels (40 CFR 93.153(c)(2)(xxii)). The EPA regulations identify certain actions that would not exceed these thresholds, including ATC activities and adoption of approach, departure, and en route ATC procedures for aircraft operations above the mixing height specified in the applicable SIP (or 3,000 feet AGL) in places without an established mixing height. FAA Order 1050.1F provides that further analysis for National Environmental Policy Act (NEPA) purposes is normally not required where emissions do not exceed the EPA’s de minimis thresholds. Therefore, implementation of this procedure is not expected to affect air quality and is presumed to conform as Category 14, “Air Traffic Control Activities and Adopting Approach, Departure and En route Procedures for Air Operations,” as identified in 72 Fed. Reg. 41656-41580 (July 30, 2007). 4.2.2. Biological Resources (including Marine Mammals; Wildlife and Waterfowl; Endangered/Threatened Species; Critical Habitat) 4.2.2.1. Are wildlife and/or waterfowl refuge/management areas, protected or critical habitats within the affected area of the proposed action? Yes No N/A Identify: 4.2.2.2. If so, has there been any communication with the appropriate wildlife management regulatory agencies (federal or state) agencies to determine if endangered or protected species inhabit the area? Yes No N/A 2/28/19 JO 7400.2M Appendix 5-18 Air Traffic Initial Environmental Review (IER) San Francisco International Airport, GLS Approaches to RWYs 19L/R and 28L/R IFP Environmental Pre-screening Filter Submissions: KSFO_190711_04 and KSFO_2124 Page 18 of 33 If yes, identify endangered or protected species. 4.2.2.3. At what altitude would aircraft overfly these habitats? N/A 4.2.2.4. During what times of the day would operations be more/less frequent? N/A Evaluation: Will implementation of the proposed action result in an impact on natural, ecological or biological resources of federal, tribal, state, or local significance (for example, federally listed or proposed endangered, threatened, or candidate species or proposed or designated critical habitat under the Endangered Species Act)? (See FAA Order 1050.1F, Paragraph 5-2.b.(3), and 1050.1F Desk Reference, Chapter 2 for details on how to make the determination.) 4.2.2.a. Yes Comment: 4.2.2.b. No. An impact to biological resources is not anticipated. 4.2.3. Climate NOTE: The FAA has not established a significance threshold for climate. The Council on Environmental Quality (CEQ) has noted that “…it is not currently useful for the NEPA analysis to attempt to link specific climatological changes, or the environmental impacts thereof, to the particular project or emissions; as such direct linkage is difficult to isolate and to understand.1” Accordingly, it is not useful to attempt to determine the significance of such impacts. (See FAA Order 1050.1F, Desk Reference, Chapter 3.) 4.2.4. Coastal Resources NOTE: Coastal resources include both coastal barriers and coastal zones. 4.2.4.1. Are there designated coastal resources in the affected area? Yes No N/A Identify: 4.2.4.2. Will implementation of the proposed action result in any construction or development or any physical disturbances of the ground with the potential to affect coastal resources? Yes No N/A Evaluation: Will implementation of the proposed action result in an impact in to 1 Draft NEPA Guidance on Consideration of the Effects of Climate Change and Greenhouse Emissions, CEQ (2010). http://ceq.hss.doe.gov/nepa/regs/Consideration_of_Effects_ofGHG_Draft_NEPA_Guidance_FINAL_02182010.pdf 2/28/19 JO 7400.2M Appendix 5-19 Air Traffic Initial Environmental Review (IER) San Francisco International Airport, GLS Approaches to RWYs 19L/R and 28L/R IFP Environmental Pre-screening Filter Submissions: KSFO_190711_04 and KSFO_2124 Page 19 of 33 coastal resources? (See FAA Order 1050.1F, Paragraph 5-2.b.(4), and 1050.1F Desk Reference, Chapter 4 for details on how to make the determination.) 4.2.4.a Yes. 4.2.4.b No. An impact to coastal resources is not anticipated. 4.2.5. Department of Transportation Act, Section 4(f) 4.2.5.1. Are there cultural or scenic resources, of national, state, or local significance, such as national parks, publicly owned parks, recreational areas, and public and private historic sites in the affected area? Yes No N/A Identify: 4.2.5.2. If so, during what time(s) of the day would operations occur that may impact these areas? N/A Evaluation: Will implementation of the proposed action result in an impact to properties protected under Section 4(f) of the Department of Transportation Act? (See FAA Order 1050.1F, Paragraph 5-2.b.(2), and 1050.1F Desk Reference, Chapter 5 for details on how to make the determination.) 4.2.5.a. Yes. Comment: 4.2.5.b. No. Section 4(f) impacts are not anticipated. 4.2.6. Farmlands Are the following resources present: National Resources Conservation designated prime and unique farmlands or, state, or locally important farmlands including pastureland, cropland, and forest? Yes No N/A Identify: Evaluation: Will the implementation of the proposed action involve the development of land regardless of use, or have the potential to convert any farmland to non-agricultural uses? (See FAA Order 1050.1F, Paragraph 5-2. b.(4), and the 1050.1F Desk Reference, Chapter 6 for details on how to make the determination.) 4.2.6.a. Yes. Comment: 4.2.6.b. No. An impact to farmland resources is not anticipated. 2/28/19 JO 7400.2M Appendix 5-20 Air Traffic Initial Environmental Review (IER) San Francisco International Airport, GLS Approaches to RWYs 19L/R and 28L/R IFP Environmental Pre-screening Filter Submissions: KSFO_190711_04 and KSFO_2124 Page 20 of 33 4.2.7. Hazardous Material, Solid Waste, and Pollution Prevention Will implementation of the proposed action result in any construction or development or any physical disturbances of the ground in an area known to contain hazardous materials, hazardous waste, solid waste, or other forms of pollution or contamination? Yes No N/A Evaluation: Is implementation of the proposed action likely to cause contamination by hazardous materials, hazardous waste, or likely to disturb existing hazardous materials, hazardous waste site, or other area of contamination? (See FAA Order 1050.1, Paragraph 5-2.b.(12), and 1050.1F Desk Reference, Chapter 7 for details on how to make the determination.) 4.2.7.a. Yes. Comment: 4.2.7.b. No. An impact to existing areas of hazardous material, hazardous or solid waste, or pollution prevention activities, is not anticipated; and implementation of the proposed action is not anticipated to result in the production of hazardous material, hazardous or solid waste. 4.2.8. National Historic Preservation Act of 1966 (NHPA) NOTE: Section 106 of the NHPA applies to actions that have the potential to affect historic properties in a way that alters any of the characteristics that make the property significant, including changes in noise where a quiet setting is an attribute of significance. Direct effects include the removal or alteration of historic resources. Indirect effects include changes in noise, vehicular traffic, light emissions, or other changes that could interfere substantially with the use or character of the resource. 4.2.8.1. Are there historic resources protected under Section 106 of the NHPA in the study area of the proposed action? Yes No Identify: The study area was reviewed in NEPAssist for NHPA registered historic places. No new registered historic places were identified in areas that would be overflown by the proposed procedures, as illustrated in the following figure. 2/28/19 JO 7400.2M Appendix 5-21 Air Traffic Initial Environmental Review (IER) San Francisco International Airport, GLS Approaches to RWYs 19L/R and 28L/R IFP Environmental Pre-screening Filter Submissions: KSFO_190711_04 and KSFO_2124 Page 21 of 33 4.2.8.2. Will the proposed action include removal or alteration of historic resources (direct effect)? Yes No 4.2.8.3. Do any of the historic resources identified have quiet as a generally recognized feature or attribute? Yes No N/A If yes, explain: The proposed GLS procedures exactly overlay the tracks of the existing RNAV (GPS) procedures. There are no new ground tracks. Overall, operations are not expected to change. Additionally, the proposed missed approaches are used in emergency situations, and their frequency of utilization cannot be predicted for environmental review purposes. Therefore, potential impacts (new or cumulative) to the historic properties are not expected or likely. 4.2.8.4. Will the proposed action substantially interfere with the use or character of the resource (indirect effect)? Yes No Explain: Evaluation: Will the proposed action result in an adverse effect on resources protected under the National Historic Preservation Act of 1966, as amended? (See Figure 13. Historical Properties in the Study Area 2/28/19 JO 7400.2M Appendix 5-22 Air Traffic Initial Environmental Review (IER) San Francisco International Airport, GLS Approaches to RWYs 19L/R and 28L/R IFP Environmental Pre-screening Filter Submissions: KSFO_190711_04 and KSFO_2124 Page 22 of 33 FAA Order 1050.1F, paragraph 5-2.b.(1), and 1050.1F Desk Reference, Chapter 8 for details on how to make the determination.) 4.2.8.a. Yes. Explain: 4.2.8.b. No. An impact to resources subject to Section 106 review is not anticipated. The proposed action would not result in any construction, development, or physical disturbances of the ground. For this undertaking, no land acquisition, construction, or other ground disturbance would occur. Accordingly, there would be no direct effects on historic resources. Additionally, the FAA considered that certain historic sites may be potentially sensitive to effects of overflights that introduce a visual, atmospheric, or auditory element. The number of aircraft operations and the aircraft fleet mix are not expected to change as a result of the implementation of the proposed action. Given civilian jet aircraft are currently overflying these areas and would continue to overfly these areas, the proposed action would not inherently have the potential to affect historic resources, even if they are present. Thus, the FAA determined that there would be no new areas overflown and, therefore, no potential to introduce visual, atmospheric, or auditory elements that could diminish the integrity of a historic property. 4.2.9. Land Use The compatibility of existing and planned land uses with an aviation or aerospace proposal is usually associated with noise impacts. In addition to the impacts of noise on land use compatibility, other potential impacts of FAA actions may affect land use compatibility. The impact on land use, if any, should be analyzed and described under the appropriate impact category. Evaluation: The determination that significant impacts exist in the Land Use impact category is normally dependent on the significance of other impacts. (See 1050.1F Desk Reference, Chapter 9 for details on how to make the determination.) Given the scope of the proposed action, the land use impact category was assessed and considered to have negligible or non-existent effects from the proposed action and, in accordance with CEQ regulations, did not warrant further analysis. 4.2.10. National Resources and Energy Supply NOTE: This resource category excludes fuel burn. Will the proposed action have the potential to cause demand or strain on a natural resource(s) or material(s) that exceeds current or future availability of these resources? (See FAA Order 1050.1F, paragraph 5-2.b.(4). 2/28/19 JO 7400.2M Appendix 5-23 Air Traffic Initial Environmental Review (IER) San Francisco International Airport, GLS Approaches to RWYs 19L/R and 28L/R IFP Environmental Pre-screening Filter Submissions: KSFO_190711_04 and KSFO_2124 Page 23 of 33 Yes No N/A If yes, explain: Evaluation: Will implementation of the proposed action result in an impact in relation to natural resources and energy supply? 4.2.10.a. Yes. Comment: 4.2.10.b. No. An impact on natural resources and materials and/or energy supply is not anticipated. Given the scope of the proposed action, this impact category was assessed and considered either to have negligible or non-existent effects from the proposed action and, in accordance with CEQ regulations, did not warrant further analysis. 4.2.11. Noise and Noise-Compatible Land Use The significance threshold for noise is whether the proposed action would increase noise by Day-night average sound level (DNL) 1.5 dB or more for a noise sensitive area that is exposed to noise at or above the DNL 65 dB noise exposure level; or that will be exposed at or above the DNL 65 dB level due to a DNL 1.5 dB increase, when compared to the No Action alternative for the same timeframe. NOTE: An area is noise sensitive if aircraft noise may interfere with the normal activities associated with the use of the land. See FAA Order 1050.1F, Paragraph 11-5. b.(10), for the full definition of noise sensitive areas. Noise compatibility or non-compatibility of land use is determined by comparing the proposed action DNL values to the values in the 14 CFR Part 150, Appendix A, Table 1, Land-Use Compatibility guidelines. (See FAA Order 1050.1F and 1050.1F Desk Reference, Chapter 11.) NOTE: 14 CFR Part 150 guidelines are not sufficient to address the effects of noise on some noise sensitive areas. 4.2.11.1.1. Will the proposed action introduce air traffic over noise sensitive areas not currently affected? Yes No Comment: 4.2.11.1.2. Do the results of the noise analysis indicate that the proposed action would result in an increase in noise exposure by DNL 1.5 dB or more for a noise sensitive area that is exposed to noise at or above the DNL 65 dB noise exposure level? Yes No N/A 2/28/19 JO 7400.2M Appendix 5-24 Air Traffic Initial Environmental Review (IER) San Francisco International Airport, GLS Approaches to RWYs 19L/R and 28L/R IFP Environmental Pre-screening Filter Submissions: KSFO_190711_04 and KSFO_2124 Page 24 of 33 4.2.11.1.3. If yes, are the results of the noise analysis incompatible with one or more of the Land Use Compatibility categories? (See FAA Order 1050.1F, Desk Reference Chapter 11, Exhibit 11-3.) Yes No N/A If yes, explain: 4.2.11.1.4. Do the results of the noise analysis indicate a threshold of significance over noise sensitive areas not listed under the Land Use Compatibility categories (for example, national parks, wildlife/waterfowl refuges)? Yes No N/A If yes, explain: 4.2.11.2. Do the results of the noise analysis indicate a change in noise meeting threshold criteria considered “reportable”? i. For DNL 60 dB to <65 dB: + 3 dB Yes No N/A ii. For DNL 45 dB to <60 dB: + 5 dB Yes No N/A Evaluation: 4.2.11.a. Will the proposed action result in a significant noise impact over noise sensitive land use? (See FAA Order 1050.1F, paragraph 5-2. b.(7), and the 1050.1F Desk Reference, Chapter 11 for details on how to make the determination.) Yes If yes, explain: 4.2.11.b. No. The proposed GLS procedures exactly overlay the tracks of the existing RNAV (GPS) procedures. There are no new ground tracks. Overall operations are not expected to change. Therefore, noise analysis is not warranted. Additionally, the proposed missed approaches are used in emergency situations, and their frequency of utilization cannot be predicted for noise analysis purposes. Therefore, potential noise impacts are not expected or likely. 4.2.11.c. Will the proposed action result in a significant noise impact over noise sensitive areas? (See FAA Order 1050.1F, paragraph 5- 2.b.(7), and the 1050.1F Desk Reference, Chapter 8 for details on how to make the determination.) Yes If yes, explain: 4.2.11.d. No. The proposed GLS procedures exactly overlay the tracks 2/28/19 JO 7400.2M Appendix 5-25 Air Traffic Initial Environmental Review (IER) San Francisco International Airport, GLS Approaches to RWYs 19L/R and 28L/R IFP Environmental Pre-screening Filter Submissions: KSFO_190711_04 and KSFO_2124 Page 25 of 33 of the existing RNAV (GPS) procedures. There are no new ground tracks. Overall operations are not expected to change. Therefore, noise analysis is not warranted. Additionally, the proposed missed approaches are used in emergency situations, and their frequency of utilization cannot be predicted for noise analysis purposes. Therefore, potential noise impacts are not expected or likely. The figures below show historical tracks from December 25, 2019, to December 31, 2019, (See FAA’s NextGen Shared Services website: https://sda.tc.faa.gov/AfsTools/#/). These are not expected to change as result of proposed action. The figures also show that missed approaches are seldom executed, which indicates that amendments to missed approaches do not have a potential for noise impacts. Figure 14. Arrivals to RWYs 19L/R (blue) With the Current RNAV (GPS) 19L/R Approach Lines (white) 2/28/19 JO 7400.2M Appendix 5-26 Air Traffic Initial Environmental Review (IER) San Francisco International Airport, GLS Approaches to RWYs 19L/R and 28L/R IFP Environmental Pre-screening Filter Submissions: KSFO_190711_04 and KSFO_2124 Page 26 of 33 4.2.12. Socioeconomics, Environmental Justice, and Children’s Environmental Health and Safety Risk 4.2.12.1. Socioeconomics 4.2.12.1.a. Will the proposed action result in a division or disruption of an established community; a disruption of orderly, planned development; or an inconsistency with plans or goals that have been adopted by the community in which the proposed action is located? (See FAA Order 1050.1F, Paragraph 5-2. b.(5).) Yes No N/A 4.2.12.1.b. Will the proposed action result in an increase in congestion from surface transportation, by causing a decrease in the Level of Service below the acceptable level determined by the appropriate transportation agency? (i.e., a highway agency) (See FAA Order 1050.1F, Paragraph 5-2 b.(6).) Yes No N/A Evaluation: Will implementation of the proposed action result in an impact to socioeconomics? (See the 1050.1F Desk Reference, Chapter 12 for details on how to Figure 15. Arrivals to RWYs 28L/R (green) With the Current RNAV (GPS) 28L/R Approach Lines (white) 2/28/19 JO 7400.2M Appendix 5-27 Air Traffic Initial Environmental Review (IER) San Francisco International Airport, GLS Approaches to RWYs 19L/R and 28L/R IFP Environmental Pre-screening Filter Submissions: KSFO_190711_04 and KSFO_2124 Page 27 of 33 make the determination.) 4.2.12.a. Yes Comment: 4.2.12.b. No. The proposed action is not anticipated to involve the acquisition of real estate, relocation of residence or community business, disruption of local traffic patterns, loss of community tax base, or changes to the fabric of the community. Given the scope of the proposed action, this impact category was assessed and considered either to not be present or to have negligible or non- existent effects from the proposed action and, in accordance with CEQ regulations, did not warrant further analysis. 4.2.12.2. Environmental Justice NOTE: FAA has not established a significance threshold for Environmental Justice. Impacts to Environmental Justice in the context of other impact categories should be considered. Evaluation: Will the proposed action have the potential to lead to a disproportionally high and adverse impact to an environmental justice population, (i.e., a low income or minority population) due to significant impacts in other environmental impact categories or impacts on the physical or natural environment that affect an environmental justice population in a way that the FAA determines are unique to the environmental justice population and significant to that population? (See 1050.1F Desk Reference, Chapter 12 for details on how to make the determination.) 4.2.12.2.a. Yes Comment: 4.2.12.2.b. No. An impact related to environmental justice is not anticipated. 4.2.12.3. Children’s Environmental Health and Safety Risk NOTE: FAA has not established a significance threshold for Children’s Environmental Health and Safety Risk. Impacts to Children’s health and safety in the context of other impact categories should be considered. Evaluation: Will the proposed action have the potential to lead to a disproportionate health or safety risk to children due to significant impacts in other environmental impact categories? (See the 1050.1F Desk Reference, Chapter 12, for details on how to make the determination.) 4.2.12.3.a. Yes Comment: 2/28/19 JO 7400.2M Appendix 5-28 Air Traffic Initial Environmental Review (IER) San Francisco International Airport, GLS Approaches to RWYs 19L/R and 28L/R IFP Environmental Pre-screening Filter Submissions: KSFO_190711_04 and KSFO_2124 Page 28 of 33 4.2.12.3.b. No. Refer to Section 4.2. 4.2.13. Visual Effects NOTE: There are no special purpose laws for light impacts and visual impacts. Impacts from light emissions are generally related to airport aviation lighting. 4.2.13.1. Will implementation of the proposed action create annoyance or interfere with normal activities from light emissions? Yes No Explain: The proposed action is not anticipated to create annoyance or interfere with normal activities from light emissions. 4.2.13.2. Will implementation of the proposed action affect the visual character of the area including the importance, uniqueness, and aesthetic value of the affected visual resources? Yes No Explain: The proposed action is not anticipated to interfere or have an effect on the visual resources. Evaluation: Will the proposed action result in an impact to visual resources? (See FAA Order 1050.1F, Paragraph 5-2. b.(5), and 1050.1F Desk Reference, Chapter 13 for details on how to make the determination.) 4.2.13.a. Yes Comment: 4.2.13.b. No. The proposed action is not anticipated to interfere or have an effect on the visual resources. 4.2.14. Water Resources (including Wetlands, Flood Plains, Surface Waters, Groundwater, and Wild and Scenic Rivers) 4.2.14.1. Are there wetlands, flood plains, and/or Wild and Scenic Rivers in the proposed action study area? Yes No N/A Refer to Section 4.2. 4.2.14.2. Are there reservoirs or other public water supply systems in the affected area? Yes No N/A Refer to Section 4.2. 4.2.14.3. Will implementation of the proposed action result in any construction or development or any physical disturbances of the ground? 2/28/19 JO 7400.2M Appendix 5-29 Air Traffic Initial Environmental Review (IER) San Francisco International Airport, GLS Approaches to RWYs 19L/R and 28L/R IFP Environmental Pre-screening Filter Submissions: KSFO_190711_04 and KSFO_2124 Page 29 of 33 Yes No 4.2.14.4. Will implementation of the proposed action result in any changes to existing discharges to water bodies, create a new discharge that would result in impacts to water quality, or modify a water body? Yes No If yes, is there a potential for an impact to water quality, sole source aquifers, a public water supply system, federal, state or tribal water quality standards established under the Clean Water Act and the Safe Drinking Water Act? Yes No Evaluation: Will the proposed action result in an impact to water resources? (See FAA Order 1050.1F, paragraph 5-2. b.(9), and 1050.1F Desk Reference, Chapter 14 for details on how to make the determination.) 4.2.14.a. Yes Comment: 4.2.14.b. No. Refer to Section 4.2. 4.2.15. Effects on the Quality of the Human Environment that are Likely to be Highly Controversial on Environmental Grounds. NOTE: The term “highly controversial on environmental grounds” means there is a substantial dispute involving reasonable disagreement over the degree, extent, or nature of a proposed action’s environmental impacts or over the action’s risks of causing environmental harm. Mere opposition is not sufficient for a proposed action or its impacts to be considered highly controversial on environmental grounds. Opposition on environmental grounds by a federal, state, or local government agency or by a tribe or a substantial number of the persons affected by the action should be considered in determining whether or not reasonable disagreement regarding the impacts of a proposed action exists. NOTE: If in doubt about whether a proposed action is highly controversial on environmental grounds, consult the Line of Business/Staff Office (LOB/SOB) headquarters environmental division, AEE, Regional Counsel, or AGC for assistance. (See FAA Order 1050.1F, Paragraph 5-2.b.(10).) 4.2.15.1. Will implementation of the proposed action result in the likelihood of an inconsistency with any federal, state, tribal, or local law relating to the environmental aspects of the proposed action. (See FAA Order 1050.1F, Paragraph 5-2.b.(11).) Yes No If yes, explain: 2/28/19 JO 7400.2M Appendix 5-30 Air Traffic Initial Environmental Review (IER) San Francisco International Airport, GLS Approaches to RWYs 19L/R and 28L/R IFP Environmental Pre-screening Filter Submissions: KSFO_190711_04 and KSFO_2124 Page 30 of 33 Evaluation: Is there likelihood for the proposed action to be highly controversial based on environmental grounds? 4.2.15.a. Yes Comment: 4.2.15.b. No. The potential for controversy is not anticipated. Section 5. Mitigation Are there measures which can be implemented that might mitigate any of the potential impacts, i.e., GPS/FMS plans, NAVAIDS, etc.? Yes No N/A Describe: Section 6. Cumulative Impacts What other projects (FAA, non-FAA, or non-aviation) are known, planned, have been previously implemented, or are ongoing in the affected area that would contribute to the proposed project’s environmental impact? The type of projects considered under the cumulative impact analysis were primarily limited to airfield projects, specifically projects that directly affect or involve runways and modifications to parallel taxiways. These type of projects may affect aircraft flight operations. A search of the FAA Airport Capital Improvement Programs (AIP) for the identified airport in this project yielded no substantive runway endpoint or elevation changes within the implementation timeline of the proposed action. The projects related to AIP grants for 2020 for KSFO that could still be executed are shown in the following table: Grant Number Sponsor Release Date Total AIP Amount Project 3-06-0221- 072-2020 City and County of San Francisco 9/24/2020 $6,966,000 Rehabilitate Taxiway 3-06-0221- 073-2020 City and County of San Francisco 9/1/2020 $3,221,631 Noise Mitigation Measures for Residences within 65-69 DNL Other relevant projects are listed in the following table: 2/28/19 JO 7400.2M Appendix 5-31 Air Traffic Initial Environmental Review (IER) San Francisco International Airport, GLS Approaches to RWYs 19L/R and 28L/R IFP Environmental Pre-screening Filter Submissions: KSFO_190711_04 and KSFO_2124 Page 31 of 33 Project Plans Cumulative Impact KSFO Master Plan: https://www.flysfo.com/about-sfo/sfo-tomorrow/airport-development- plan-2016 No anticipated impact January 19, 2021 – Press Release - SFO continues to accelerate runway improvement projects to take advantage of reduced flight schedules resulting from the COVID-19 pandemic. The Airport announced plans to close Runway 28R for a period of four months to complete upgrades originally scheduled to occur in 2022. Accelerated work on this runway began in October 2020 with the repaving of a section of Runway 28R where it intersects with two other runways. No anticipated impact Besides the procedures included in the proposed action, the following table lists additional planned projects at KSFO (source IFP Gateway: https://www.faa.gov/air_traffic/flight_info/ aeronav/procedures/). Procedure Name Scheduled Pub Date Status TIPP TOE VISUAL RWY 28L/R, AMDT 3 12/2/2021 Pending SID SAHEY THREE (RNAV) 8/12/2021 Under Development SID SSTIK FIVE (RNAV) 8/12/2021 Under Development SID WESLA FOUR (RNAV) 8/12/2021 Under Development STAR STINS FOUR 6/17/2021 Awaiting Publication ILS PRM RWY 28L (SIMULTANEOUS CLOSE PARALLEL, AMDT 3A 4/22/2021 Awaiting Cancellation LDA PRM RWY 28R, AMDT 2B 4/22/2021 Awaiting Cancellation LDA/DME RWY 28R, AMDT 2B 4/22/2021 Awaiting Cancellation RNAV (GPS) PRM RWY 28L (CLOSE PARALLEL), AMDT 2 4/22/2021 Awaiting Cancellation RNAV (GPS) PRM X RWY 28R, AMDT 1B 4/22/2021 Awaiting Cancellation None of these projects listed above have any aspects that may affect aircraft flight operations in conjunction with the proposed action. Therefore, cumulative impacts are not foreseeable based on the available information. Section 7. Community Involvement Community involvement is the process of engaging in dialog and collaboration with communities affected by FAA actions. The appropriate level of community involvement and public engagement will vary to some degree depending on the project scope and affected communities. (See FAA Order JO 7400.2, appendices 10 and 11, and the Community Involvement Performance Based Navigation Desk Guide, and/or AEE’s Community Involvement Manual, or other available Community Involvement guidance for further information.) Refer to the attached Community Involvement Form. 2/28/19 JO 7400.2M Appendix 5-32 Air Traffic Initial Environmental Review (IER) San Francisco International Airport, GLS Approaches to RWYs 19L/R and 28L/R IFP Environmental Pre-screening Filter Submissions: KSFO_190711_04 and KSFO_2124 Page 32 of 33 Section 8. References/Correspondence Attach written correspondence, summarized phone contacts using Memorandums for the File, etc. Section 9. Additional Preparers The person(s) listed below, in addition to the preparer indicated on page 1, are responsible for all or part of the information and representations contained herein: Vikas Uberoi Contract Support Environmental Analyst vikas.ctr.uberoi@faa.gov Section 10. Facility/Service Area Conclusions This initial review and analysis indicates that no extraordinary circumstances or other reasons exist that would cause the responsible federal official to believe that the proposed action might have the potential for causing significant environmental impacts. The undersigned have determined that the proposed action qualifies as a categorically excluded action in accordance with FAA Order 1050.1F, and on this basis, recommend that further environmental review need not be conducted before the proposed project is implemented. 2/28/19 JO 7400.2M Appendix 5-33 Air Traffic Initial Environmental Review (IER) San Francisco International Airport, GLS Approaches to RWYs 19L/R and 28L/R IFP Environmental Pre-screening Filter Submissions: KSFO_190711_04 and KSFO_2124 Page 33 of 33 Facility Manager Review/Concurrence Signature: _______________________________________ Date: __________________ Name: Francine Malabo Air Traffic Manager Northern California TRACON (NCT) Service Area Environmental Specialist Review/Concurrence Signature: ________________________________________ Date: __________________ Name: Ryan Weller Environmental Protection Specialist, Operations Support Group Western Service Center, AJV-W25 Service Area Director Review/Concurrence, if necessary Signature: _______________________________________ Date: __________________ Name: B. G. Chew Acting Group Manager, Operations Support Group Western Service Center, AJV-W2 RYAN WADE WELLER Digitally signed by RYAN WADE WELLER Date: 2021.04.09 15:00:59 -07'00' BYRON G Y CHEW Digitally signed by BYRON G Y CHEW Date: 2021.04.19 09:54:57 -07'00' From:(IMF) SCAM VICTIMS Subject:Dear email owner, Date:Tuesday, February 22, 2022 3:57:53 PM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Dear email owner, The International Monetary Fund (IMF) compensates all victims of fraud and your email address was found on the list of victims of fraud. This Western Union office has been hired by the IMF to transfer your compensation to you via Western Union Money Transfer. However, we have decided to make your own payment through Western Union Money Transfer, ($5,000) per day until the total of ($500,000.00,) has been transferred to you in full. We may not be able to send the payment with your email address alone, so we need your information on where we will send the money to you,such as: Name of the addressee________________ Address________________ Country__________________ Telephone number________________ Attached copy of your ID_____________ Age ________________________ We will start the transfer once we have received your information: Contact email (wwesternuniontransfer925@gmail.com) Thank you Faithfully, Mr. MICHAEL ANTHONY Tel/WhatsApp +44 7442416863 Director of Western Union Money Transfer. From:Allan Seid To:Channing House Bulletin Board Subject:Fwd: Scan 2.22.22 Date:Tuesday, February 22, 2022 2:39:06 PM Attachments:Seid 2.22.22.pdf CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Date: Tue, Feb 22, 2022 at 1:57 PM Subject: Major Advancement in Mitigating Workplace Sexual Abuse. From: Allan Seid Source; San Mateo Daily News THE DAILYJOURNAL Friday. Feb.11, 2022 Former Fox News Anchor, Gretchen Carlson speaks following the passage of the bill, knownREUTERS as the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. Congress OKs sex harassment bill in huge #MeToo milestone By Michelle L. Price THE ASSOCIATED PRESS NEWYORK — Congress on Thursday gave final approval to legislation guaranteeing that people who experience sexual harass- ment at work can seek recourse in the courts, a milestone for the #MeToo movement that prompted a national reckoning on the way sexual misconduct claims are handled. The measure, which is expected to be signed by President Joe Biden, bars employ- ment contracts from forcing people to settle sexual assault or harassment cases through arbitration rather than in court, a process that often benefits employers and keeps misconduct allegations from becoming pub- lic. Significantly, the bill is retroactive, nulli- fying that language in contracts nationwide and opening the door for people who had been bound by it to take legal action. Sen. Kirsten Gillibrand, who has spear- headed the effort, called it "one of the most significant workplace reforms in American history." Gillibrand, D-N.Y., said the arbitration I process is secretive and biased and denies l people a basic constitutional right: a day in court. "No longer will survivors of sexual assault or harassment in the workplace come for- ward and be told that they are legally forbid- den to sue their employer because some- where in buried their employment contracts was this forced arbitration clause," she said. Gillibrand, who has focused on combating sexual harassment and sexual misconduct in the military, originally introduced the legis- lation in 2017 with Sen. Lindsey Graham, R-S.C. The legislation had uncommonly broad, bipartisan support in a divided Congress. That allowed the bill to be passed in the Senate by unanimous consent — a procedure almost never used for significant legisla- tion, especially one affecting tens of mil- lions of Americans. The House passed the bill this week on a robust bipartisan basis in a 335-97 vote. From:Melissa Oliveira To:Council, City Cc:Joe Oliveira Subject:California Avenue: Please Support a Permanent Pedestrian Mall Date:Tuesday, February 22, 2022 2:18:10 PM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear City Council, I wanted to reach out as just recently discovered on NextDoor that you're considering keeping California Avenue a permanent pedestrian mall. As such, I wanted to ensure that you heard from your constituents how much we have enjoyed the California Ave pedestrian mall since the pandemic began. During these extremely difficult two years, California Avenue has become the silver lining and a true beacon of how a community can come together -- the restaurants we all love to support, the slower pace of life, the bustling Farmers' market, children riding bikes (without the danger of cars), and families walking from their homes to enjoy a dinner al fresco. I truly believe if we come together and reimagine this pedestrian mall, it would be a brilliant addition to an already wonderful cornerstone of our community. One can imagine a tree-lined promenade with playgrounds for different ages of children, dog parks and grasses, music stages, etc. -- the possibilities are endless. I hope you consider how much the community has enjoyed this wonderful evolution and please reach out to let us know how we can support this initiative. All the best, Melissa Oliveira NOTE: We are also aware that some landlords have been negatively impacted, but if the pedestrian mall is supported and nourished, believe that commerce certainly will come back and thrive. From:Jo Ann Mandinach To:Council, City; City Mgr; Burt, Patrick Cc:Dave Price Subject:Deafening silence & inaction on the antisemtic fliers Date:Tuesday, February 22, 2022 1:42:41 PM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear Mayor Burt, City Manager Shikada and City Council: I am appalled at the inaction and silence of our fair city. It shouldn't be rocket science to review the video footage which is all over NextDoor and in news clips and to issue a strong condemnation of antisemitism and racism. Since "mental health" is a city priority, mine would certainly benefit from your being proactive like Berkeley. We spend a fortune on pr/communications people who should have instantly crafted a statement like "Palo Alto condemns this. Palo Alto Police are on the job. Hate has no place in Palo Alto." It would do more for community health than the weekly meditation tips and recipes in the Uplift Weekly circulated by the City and the PAPD. Not rocket science, folks. Just plain leadership. And values. Shame on you. Shame on the Palo Alto Police. The following article might be worth sharing with staff. Berkeley police, City Council denounce antisemitic fliers After similar Palo Alto weekend incident, surveillance camera footage sought from hills homes https://www.eastbaytimes.com/2022/02/21/berkeley-police-city-council-denounce- antisemitic-flyers/ BERKELEY — Police and city councilmembers strongly voiced opposition to ugly, crude fliers advertising antisemitic statements found Sunday outside multiple hills homes. In a statement Monday, police said officers responded to homeowner and resident reports of plastic sandwich bags containing false statements blaming Jewish people for the COVID-19 pandemic, similar to those left Sunday outside multiple Palo Alto homes’ doorsteps, and said the bags appeared to have been left by “a small, fringe [w]hite [s]upremacist extremist group that targets Jewish communities as well as other minority groups throughout the Bay Area.” The City Council joined with police, saying “[a]s the center of the free-speech movement, Berkeley has always supported people’s rights under the first amendment. But let’s be clear — the Berkeley City Council and our community soundly reject and condemn ANY hate-filled messages and any inference to discrimination of any kind to any person or group. .... Police decried the fliers, apparently left randomly at an unnamed number of homes, and said it would vigorously investigate their distribution in the same way it has pursued other hate-crime investigations, and reminded residents that as part of a “United Against Hate” campaign, residents or merchants may pick up a “We Stand United Against Hate” posters at any Berkeley Fire Department station. Anyone with information or possible surveillance camera footage may call Berkeley police at 510-981-5900." Jo Ann Mandinach Palo Alto, CA 94301 From:Allan Seid To:Channing House Bulletin Board Subject:Fwd: see attached Date:Tuesday, February 22, 2022 9:43:03 AM Attachments:5y1.org_f32a6d1ef3001df117ce731c644a09f4.pdf CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. From: Allan Seid, Richard Konda Date: Tue, Feb 22, 2022 at 9:00 AM Subject: see attached Source: Asian Law Alliance, A scholarly article on Asian Americans, hate crimes and criminal justice system The Anxiety of Being Asian American: Hate Crimes and Negative Biases During the COVID-19 Pandemic Hannah Tessler 1 &Meera Choi 1 &Grace Kao 1 Received: 8 May 2020 /Accepted: 3 June 2020/ #Southern Criminal Justice Association 2020 Abstract In this essay, we review how the COVID-19 (coronavirus) pandemic that began in the United States in early 2020 has elevated the risks of Asian Americans to hate crimes and Asian American businesses to vandalism. During the COVID-19 pandemic, the incidents of negative bias and microaggressions against Asian Americans have also increased. COVID- 19 is directly linked to China, not just in terms of the origins of the disease, but also in the coverage of it. Because Asian Americans have historically been viewed as perpetually foreign no matter how long they have lived in the United States, we posit that it has been relatively easy for people to treat Chinese or Asian Americans as the physical embodiment offoreignnessanddisease.We examinethe historicalantecedents thatlink AsianAmericans to infectious diseases. Finally, we contemplate the possibility thatthese experienceswilllead to a reinvigoration of a panethnic Asian American identity and social movement. Keywords COVID-19 .Hate crime .Asian American .Race .Ethnicity .Racial discrimination .Bias incident .Racialization Introduction COVID-19 (or the coronavirus) is a global pandemic that has affected the everyday lives of hundreds of millions of people. At the time we write this, there have been over four million cases across over 200 countries worldwide (Pettersson, Manley, & Hern,2020). Moreover, pervasive stay-at-home orders and calls for social distancing, as well as the disruptions to American Journal of Criminal Justice https://doi.org/10.1007/s12103-020-09541-5 *Hannah Tessler hannah.tessler@yale.edu Meera Choi meera.choi@yale.edu Grace Kao g.kao@yale.edu 1 Department of Sociology, Yale University, 493 College Street, New Haven, CT 06511, USA every facet of our lives make it difficult to overstate the importance of COVID-19. As the beginning of the outbreak has been traced to China (and Wuhan in particular), both in the United States and elsewhere, people who are Chinese or seen as East Asian have become associated with this contagious disease. Early reports in the United States were often accompanied by stock photos of Asians in masks (Burton,2020; Walker,2020). Many of the first reports labeled the disease as the “Wuhan Virus,”or “Chinese Virus,”and the Trump administration has also used these terms (Levenson,2020; Maitra,2020; Marquardt & Hansler,2020; Rogers, Jakes, & Swanson,2020; Schwartz,2020). News media coverage in the United States focused on the hygiene of the seafood market in Wuhan and wild animal consumption as a possible cause of coronavirus (Gomera,2020; Mackenzie & Smith,2020). Memes and jokes about bats and China flooded social media, including posts by our peers online. These reports provide the American public a straightforward narrative that focuses on China as the origin of COVID-19. In this paper, we review current patterns of hate crimes, microaggressions, and other negative responses against Asian individuals and businesses during the COVID-19 pandemic. These hate crimes and bias incidents occur in the landscape of American racism in which Asian Americans are seen as the embodiment of China and potential carriers of COVID-19, regardless of their ethnicity or generational status. We believe that Asian Americans not only are not “honorary whites,”but their very status as Americans is, at best, precarious, and at worst, in doubt during the COVID-19 crisis. We suggest that what we witness today is an extension of the history of Asians in the United States and that this experience may lead to the reemergence of a vibrant panethnic Asian American identity. Hate Crimes Against Asian Americans During COVID-19 As of early May 2020, there have been over 1.8 million individuals who have tested positive for and over 105,000 deaths from COVID-19 in the United States alone and the numbers are growing rapidly every day (“Cases in the U.S.,”2020). Although researchers have traced cases of the virus in the United States to travelers from Europe (Gonzalez-Reiche et al.,2020) and to travelers within the United States (Fauver et al., 2020), some members of the general public regard Asian Americans with suspicion and as carriers of the disease. On April 28th, 2020, NBC News reported that 30% of Americans have personally witnessed someone blaming Asians for the coronavirus (Ellerbeck,2020). The COVID-19 pandemic has revealed the negative perceptions of Asian Americans that have long been prevalent in American society. Many individuals in the United States see the virus as foreign and condemn phenotypically Asian bodies as the spreaders of the virus (Ellerbeck,2020). Consistent with Claire Jean Kim’s theory on racial triangulation (Kim,1999) and the concept of Asians as perpetual foreigners (Ancheta,2006; Saito,1997; Tuan,1998; E. D. Wu,2015), we posit that during COVID-19, the racial positionality of Asian Americans as foreign and Other persists, and that this pernicious designation may be a threat to the safety and mental health of Asian Americans. They are not only at risk of exposure to COVID-19, but they must contend with the additional risk of victimization, which may increase their anxiety. American Journal of Criminal Justice Historically, from the late 19th through the mid twentieth century, popular culture and news media portrayed Asians in America as the “Yellow Peril,”which symbolized the Western fear of uncivilized, nonwhite Asian invasion and domination (Okihiro,2014; Saito,1997). It is possible that the perceived threat of the Yellow Peril has reemerged in the time of COVID-19. The spread of the coronavirus and the increased severity of the pandemic has caused fear and panic for most Americans, as COVID-19 has brought about physical restric- tions and financial hardships. So far, forty-two states have issued stay-at-home orders, which has resulted in 95% of the American population facing restrictions that impact their daily lives (Woodward,2020). Novel efforts to end the pandemic across the states have led businesses to shut down. As a result, more than 30 million people in the United States have filed for unemployment since the onset of the coronavirus crisis (Gura,2020). Because this virus has been identified as foreign, for some individuals, their feelings have been expressed as xenophobia, prejudice, and violence against Asian Americans. These negative perceptions and actions have gained traction due to the unprecedented impact COVID-19 has on people’s lives, and institutions such as UC Berkeley have even normal- ized these reactions (Chiu,2020). However, racism and xenophobia are not a “natural”reaction to the threat of the virus; rather, we speculate that the historical legacies of whiteness and citizenship have produced these reactions, where many individuals may interpret Asian Americans as foreign and present- ing a higher risk of transmission of the disease. Already, the FBI has issued a warning that due to COVID-19, there may be increased hate crimes against Asian Americans, because “a portion of the US public will associate COVID-19 with China and Asian American populations”(Margolin, 2020). News reports, police departments, and community organizations have been documenting these incidents. Evidence suggests that the FBI’s warning was warranted. Based on reporting from Stop AAPI Hate, in the one-month period from March 19th to April 23rd, there were nearly 1500 alleged instances of anti-Asian bias (Jeung & Nham, 2020). The reported incidents have been concentrated in New York and California, with 42% of the reports hailing from California and 17% of reports from New York, but Asian Americans in 45 states across the nation have reported incidents (Jeung & Nham,2020). Reports of Hate Crimes and Bias Incidents There have been a large number of physical assaults against Asian Americans and ethnically Asian individuals in the United States directly related to COVID-19. While the majority of Americans are sheltering-in-place and staying at home, 80% of the self- reported anti-Asian incidents have taken place outside people’s private residences, in grocery stores, local businesses, and public places (Jeung & Nham,2020). We suggest that these hate crimes and other incidents of bias have historical roots that have placed Asians outside the boundaries of whiteness and American citizenship. In addition, we believe that the current COVID-19 crisis draws attention to ongoing racial issues and provides a lens through which to challenge the notion of America as a post-racial society (Bonilla-Silva,2006). American Journal of Criminal Justice One of the incidents under investigation as a hate crime includes the attempted murder of a Burmese-American family at a Sam’s Club in Midland, Texas (Yam, 2020a). The suspect said that he stabbed the father, a four-year-old child, and a two- year-old child because he “thought the family was Chinese, and infecting people with coronavirus”(Yam,2020a). Police are investigating numerous other physical incidents including attacks with acid (Moore & Cassady,2020), an umbrella (Madani,2020), and a log (Kang,2020). There have been a number of physical altercations at bus stops (Bensimon,2020; Madani,2020), subway stations (Parnell,2020), convenience stores (Oliveira,2020), and on the street (Jeung & Nham,2020; Sheldon,2020). Asian Americans are also reporting physical threats being made against them (Driscoll, 2020; Parascandola,2020). Based on Stop AAPI Hate statistics, 127 Asian Americans filed reports of physical assaults in four weeks (Jeung & Nham,2020), and it is likely that other Asians have not reported their experiences out of fear or concern about the legal process. In addition to the physical attacks and threats against Asian Americans, individuals have also filed reports of vandalism and property damage targeted at Asian businesses. One Korean restaurant in New York City had the graffiti “stop eating dogs”written on its window (Adams,2020). Perpetrators have also made explicit references to COVID-19 in their vandalism, where phrases such as “take the corona back you ch*nk”(Goodell & Mann,2020), and “watch out for corona”(Wang,2020) have been documented on Asian-owned restaurants. Some of these incidents were not reported to the police and therefore will not be investigated as hate crimes, as business owners reasoned that it would be difficult to track the vandals (Adams,2020; Buscher,2020). These incidents of vandalism demonstrate the association some people make between Asian Amer- ican businesses and COVID-19. Beyond the narrow definition of the incidents that can be classified as punishable hate crimes, Asian Americans have also documented a large number of alleged bias and hate incidents.Stop AAPI Hate reports indicate that 70% of coronavirus discrimination against Asian Americans has involved verbal harassment, with over 1000 incidents of verbal harassment reported in just four weeks (Jeung & Nham,2020). In addition, there have been over 90 reports of Asian Americans being coughed or spat on. One prevalent theme in the verbal incidents is the linking of Asian bodies to COVID-19, where the aggressors are purportedly calling Asians “coronavirus,” “Chinese virus,”or “dis- eased,”and telling them that they should “be quarantined,”or “go back to China” (ADL 2020). In all of these incidents, the perpetrators consistently use anti-Asian racial slurs (Buscher,2020; Goodell & Mann,2020; Sheldon,2020). This hateful language that targets all Asians (and not just Chinese Americans) demonstrates the racialization of Asian Americans. The threat of a global pandemic to people’s everyday lives is something that most Americans have not experienced before. However, the act of interpreting the current national crisis as an external threat and ascribing this danger to Chinese bodies and more broadly Asian bodies should not surprise scholars of Asian Americans. In fact, this deeply-rooted cognitive association of Asian Americans to Asia and to disease has a long history. Hence, we examine the phenomenon of xenophobia against Asian Americans in the context of historical racial dynamics in the United States. American Journal of Criminal Justice The Color Line and the Positionality of Asian Americans Race has been posited as a socio-historical concept, and while many race scholars in the United States have focused on the black/white binary, others have documented how Asian Americans have also been racialized over time (Omi & Winant,2014). These scholars have examined how the racialization of Asian Americans has developed in relation to African Americans and white Americans (Bonilla-Silva,2004; Kim,1999). One of the dominant stereotypes of Asian Americans is that they are perpetual foreigners, where individuals directly link phenotypical Asian ethnic appearance with foreignness, regardless of Asian immigrant or generational status (Ancheta,2006; Tuan,1998; F. H. Wu,2002). This stereotype is longstanding in American history and has forcefully re-emerged during the COVID-19 crisis. The perception of an Asian- looking person as simultaneously Chinese, Asian, and foreign underscores how this racial categorization affects all Asian Americans. Thus, we suggest that the concept of Asian American panethnicity (Okamoto & Mora,2014) may be particularly applicable during the COVID-19 pandemic. The legacy of white supremacy equates white bodies with purity and innocence, while nonwhite bodies are designated as unclean, uncivilized, and dangerous. White supremacy and its tactic of othering Asian bodies has been a consistent recurrence over earlier pandemics. Dating back to the nineteenth century, the bubonic plague was framed as a “racial disease”which only Asian bodies could be infected by whereas white bodies were seen as immune (Randall,2019). In 1899, Honolulu officials quarantined and burned Chinatown as a precaution against the bubonic plague (Mohr,2004). In 1900, San Francisco authorities quarantined Chinatown residents, and regulated food and people in and out of Chinatown, believing that the unclean food and Asian people were the cause of the epidemic (Shah,2001; Trauner,1978). The history of the Yellow Peril has continued throughout the 20th and 21st centuries in the embodied perceptions of Asian immigrants as the spreaders of disease (Molina,2006). More recently, during the 2003 SARS (Severe Acute Respiratory Syndrome) epi- demic, the discourse in the United States focused on Chinatown as the epicenter of the disease (Eichelberger,2007). Studies suggest that 14 % of Americans reported avoiding Asian businesses and Asian Americans experienced increased threat and anxiety during SARS (Blendon, Benson, DesRoches, Raleigh, & Taylor-Clark,2004). We suspect the negative impact of COVID-19 on Asian Americans has been far greater than the impact of SARS. In New York City’s Chinatown, restaurants suffered immediately after the first reports of COVID-19, as some restaurants and businesses experienced up to an 85% drop in profits for the two months prior to March 16th, 2020 –far before any stay- at-home orders were given (Roberts,2020). When moral panic arises, foreign bodies, typically the undesirable and “un-American”yellow bodies, may be seen as a threat that can harm pure white bodies. The cycle of elevated risk, followed by fearing and blaming what is foreign is not just limited to disease outbreaks, but also occurs during economic downturns. In 1982, Vincent Chin was beaten to death by two men who blamed him for the influx of Japanese cars into the United States auto market. Vincent Chin was attacked with racial slurs and specifically targeted because of his race. Although Chin was Chinese American, in the minds of these two men, he represented the downturn of the auto industry in Detroit and the increased imports of Japanese automobiles (Choy & Tajima-Pena,1987). American Journal of Criminal Justice Similarly, after the 9/11 attacks in the United States, retaliatory aggressions were not limited to attacks against Arabs or Muslims (Perry,2003). Violence and hatred against the perceived enemy resulted in incidents targeting Sikhs, second and third generation Indian Americans, and even Lebanese and Greeks (Perry,2003). More recently, the hate crime murder of Srinivas Kuchibhotla, an Indian immigrant falsely assumed to be an Iranian terrorist and told “get out of my country”before being shot to death, illustrates the association between racialized perceptions of threat and incidents of violence (Fuchs 2018). With the COVID-19 pandemic, violent attacks and racial discrimination against Asian Americans have emerged as non-Asian Americans look for someone or something Asian to blame for their anger and fear about illness, economic insecurity, and stay-at-home orders. Fear and the Mental Health of Asian Americans The current perceptions of China and more broadly East Asia as both economic and public health threats have made Chinese and East Asians in America fearful for their own safety. Some Asian Americans have made efforts to hide their Asian identity or assert their status as American in an attempt to prevent hate crime attacks (Buscher, 2020; Tang,2020). While this tactic may be effective on the individual level, it does not modify the positionality of Asian bodies during COVID-19. The attempt to distinguish Asian Americans from Asians who are foreign nationals misses the fact that in the United States, being Asians and being foreign are inextricably bound together. After World War II, news media and local organizations encouraged Chinese Americans to distinguish themselves from the Japanese, and similarly encouraged Japanese Americans to show their Americanness and patriotism to gain acceptance by the white majority (E. D. Wu,2015). Muslim and Sikh Americans displayed American flags after 9/11 to show that they were not a threat to the United States, and more recently there has been a movement to celebrate Sikh Captain America (Ishisaka,2018). Former presidential candidate Andrew Yang suggested that Asian Americans fight against racism by wearing red white and blue and prominently displaying their Americanness (Yang,2020). In many of these situations, these strat- egies did not directly address the problems of racism and xenophobia –they simply shifted the blame towards another group. Disease does not differentiate among people based on skin color or national origin, yet many Asian Americans have suffered from discrimination and hatred during the COVID-19 pandemic. Although the threat of the virus is real for all Americans, Asian Americans bear the additional burden of feeling unsafe and vulnerable to attack by others. The link between COVID-19 and hate crimes and bias incidents against Asian Americans is indicative of the widespread racial sentiments which continue to be prominent in American society. While some scholars have gone as far as to regard Asian Americans as “honorary whites”(Tuan,1998), the current COVID-19 crisis has made markedly clear this is an illusion, at best. There are a number of reasons why the racial dynamics of anti-Asian crimes during COVID-19 should be examined more closely. First, the majority of incidents and attacks have occurred in diverse metropolitan areas such as New York City, Boston, and Los Angeles. These are spaces that most American Journal of Criminal Justice Americans have traditionally regarded as more liberal and tolerant of difference than other parts of the United States. In New York City alone, from the start of the COVID- 19 outbreak through April 2020, the NYPD’s hate crime task force has investigated fourteen cases where all the victims were Asian and targeted due to coronavirus discrimination (NYPD,2020). The remarks of a Kansas governor that said his town was safe “because it had only a few Chinese residents”(Lefler & Heying 2020) offers one explanation for the high concentration of racial incidents in large cities with sizable Asian populations, but we think that this is not sufficient in explaining the data so far. Future research should track racial bias and hate crimes more systematically in order to further our understanding of how demography and urbanicity influence these incidents. Second, these hate crimes have increased the anxiety of Asian Americans during already uncertain times, with many fearful for their physical safety when running everyday errands (Tavernise & Oppel Jr.,2020). Asian Americans are now self-conscious about “coughing while Asian”(Aratani,2020), and concerned about being targeted for hate crimes (Liu, 2020; Wong,2020). There is evidence to suggest that Asian Americans under-report crimes (Allport,1993), and some recent immigrants may lack an understanding of the legal system and process of reporting crimes, particularly in the case of hate crimes. Therefore, scholars should take additional care to document and analyze these incidents and their effects on Asian American communities across the United States. Thepossibleupwardtrendofanti-Asianbiasincidentsandhatecrimesisindicativeofthe growth of white nationalism and xenophobia. The image of a disease carrier with respect to COVID-19 is bound in Asian bodies and includes assumptions about race, ethnicity, and citizenship. As Vincent Chin, Srinivas Kuchibhotla, the Burmese-American family, and many others have shown us, the level of fungibility in terms of how Asian ethnicities are perceived can be deadly. It does not matter if the person is from China, of Chinese origin, or simply looks Asian –the perpetrators of this violence see all of these bodies as foreign and threatening. While there have been numerous instances of anti-Asian bias and crime, there have not been similarly patterned anti-European tourist incidents or an avoidance of Italian restaurants, suggesting that COVID-19 illuminates the particular racialization of disease that extends beyond this virus, and further back in American history. Already there has been substantial news coverage of these anti-Asian crimes, which suggests that people are paying attention to this issue, and police departments are actively investigating many of these incidents. Activists and community organizations have started online campaigns such as #washthehate and #hateisavirus to combat anti-Asian racism during this time. The BBC has documented 120 distinct news articles covering alleged incidents of discrimination since the onset of the COVID-19 pandemic (Cheung, Feng, & Deng,2020). In addition, the Chinese for Affirmative Action and Asian Pacific Policy and Planning Council have created a platform where individuals can record incidents of racism and coronavirus discrimination. The reporting of hate crimes during COVID-19 is superior to the reports of these types of incidents during the SARS outbreak (Leung Coleman,2020; Washer,2004). Although the federal government response has been limited compared to the hate crime prevention initiatives after 9/11 and SARS, in May 2020, the Commission on CivilRights agreed totake on the demands proposed bya group of Democratic Senatorsin a letter requesting a stronger response to the anti-Asian hate crimes and discrimination during COVID-19 (Campbell & Ellerbeck,2020; Yam,2020b). Similar to the murder of Vincent Chin, which served to ignite an Asian American activist movement, we hypothesize that the racial incidents against Asian Americans American Journal of Criminal Justice during the COVID-19 pandemic may encourage the political mobilization of a panethnic Asian American movement. At the same time, we believe that the incidents that are classified as “hate crimes”and “bias incidents”based on legal definitions do not fully capture the extent or pervasiveness of racist and xenophobic thoughts against Asian Americans. We encourage future scholars to more closely examine the culturally embedded racial logics that lead to these incidents, rather than focusing solely on the incidents themselves as the object of analysis. The hate crimes against Asians in the time of COVID-19 highlight the ways that Asian Americans continue to be viewed as foreign and suspect. This may be an additional burden on Asian Americans beyond the anxiety, economic instability, and the risk of illness all Americans have experienced during COVID-19. Acknowledgements We gratefully acknowledge support from the Faculty of Arts and Sciences, the MacMillan Center, and the Council for East Asia at Yale University. We are also grateful for the support of the Laboratory Program for Korean Studies through the Ministry of Education of the Republic of Korea and the Korean Studies Promotion Service of the Academy of Korean Studies (AKS-2016-LAB-2250002). References Adams, E. 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Grace Kao is Chair and IBM Professor of Sociology and Faculty Director of Education Studies at Yale University. She is the immediate past Vice President of the American Sociological Association. Her research focuses on race, ethnicity, immigrant adaptation, Asian Americans, adolescence, and sociology of education. American Journal of Criminal Justice From:Robert Chun To:HeUpdate; Council, City; Planning Commission Cc:Lait, Jonathan; Wong, Tim; Campbell, Clare Subject:Letter from Palo Alto Forward regarding Housing Element site inventory Date:Tuesday, February 22, 2022 9:19:46 AM Attachments:Feb 22 Palo Alto Forward Letter.pdf CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear Mayor Burt; Palo Alto City City Council; Palo Alto Planning and Transportation Committee; Palo Alto Housing Element Working Group; and Palo Alto City Staff Hope you are doing well! On behalf of Palo Alto Forward, I've attached a letter that addresses Palo Alto's statutory responsibilities relating to the inclusion of certain nonvacant sites in the City's proposed Housing Element site inventory. Please share this letter with the members of the Housing Element Working Group, as well as the City Council and the PTC. Please let me know if you would like to schedule time to discuss the content of the letter. As always, thank you all for your work on the Housing Element. Warm regards, Robert Chun Board Member, Palo Alto Forward February 22, 2022 Dear Mayor Burt; Palo Alto City City Council; Palo Alto Planning and Transportation Committee; Palo Alto Housing Element Working Group; and Palo Alto City Staff Palo Alto Forward is a non-profit organization focused on innovating and expanding housing choices and transportation mobility for a vibrant, welcoming, and sustainable Palo Alto. We are a broad coalition with a multi-generational membership, including new and longtime residents. Thank you all for your work on Palo Alto’s 6th Cycle Housing Element. We are writing to better understand whether Palo Alto’s draft Housing Element site inventory complies with important aspects of California law. As you know, Palo Alto must plan for 1,556 housing units that are affordable to “very-low income” residents (<50% of AMI) and 896 housing units that are affordable to “low-income” residents (50-80% of AMI). Together, these two categories represent a combined category of “lower-income” housing. Based on the records released by the Palo Alto Housing Element Working Group, it appears that Palo Alto is relying on nonvacant sites to accommodate 50 percent or more of its housing need for lower-income households. Under California law, this fact triggers a statutory presumption that “the nonvacant site’s existing use is presumed to impede additional residential development.”HCD Site Inventory Guidebook Pg. 26-28. Accordingly, if Palo Alto chooses to designate a nonvacant site as appropriate for lower-income housing in its site inventory, its housing element must make “findings based on substantial evidence that the use will likely be discontinued during the planning process.”Id. (emphasis added). The relevant statutory language is included below for reference: “. . . when a city or county is relying on nonvacant sites described in paragraph (3) of subdivision (b) to accommodate 50 percent or more of its housing need for lower income households, the methodology used to determine additional development potential shall demonstrate that the existing use identified pursuant to paragraph (3) of subdivision (b) does not constitute an impediment to additional residential development during the period covered by the housing element. An existing use shall be presumed to impede additional residential development, absent findings based on substantial evidence that the use is likely to be discontinued during the planning period.”Government Code Section 65583.2(g)(2) What constitutes substantial evidence? As HCD notes in its guidebook, substantial evidence must be based on “facts, reasonable assumptions predicated upon facts, and expert opinion supported by facts.” According to HCD, examples of substantial evidence that an existing use will likely be discontinued in the current planning period include: ●The lease for the existing use expires early within the planning period. ●The building is dilapidated, and the structure is likely to be removed, or a demolition permit has been issued for the existing uses. ●There is a development agreement that exists to develop the site within the planning period. ●The entity operating the existing use has agreed to move to another location early enough within the planning period to allow residential development within the planning period. ●The property owner provides a letter stating its intention to develop the property with residences during the planning period. HCD has withheld approval of Housing Elements that fail to provide this form of substantial evidence. See e.g.,January 7 2022 HCD Letter to Camarillo (finding that “neither the adoption findings nor the analysis provides substantial evidence or address whether the existing uses on sites identified to accommodate the low-income housing need are likely to discontinue in the planning period”);July 30 2021 HCD Letter to Beverly Hills (reminding the City that that “relying on nonvacant sites to accommodate 50 percent or more of the housing needs for lower-income households triggers requirements to make findings based on substantial evidence that the existing use is not an impediment and will likely discontinue in the planning period.”) As previously noted, nearly all of Palo Alto’s “lower-income” sites are located on nonvacant parcels with existing uses. See Appendix A (“Lower-Income Sites in Palo Alto’s Proposed 6th Cycle Site Inventory”). To be included in the site inventory, then, each of those nonvacant sites must be justified with “substantial evidence” of the form described by HCD.For that reason, we ask that Palo Alto publish the “substantial evidence” that it intends to offer for each of the nonvacant sites that are currently designated as appropriate for “lower-income” housing.A transparent discussion of this evidence will help ensure that this data is accurate and satisfies the “substantial evidence” requirement of Section 65583.2(g)(2). We look forward to working with you to approve a legally-compliant Housing Element that successfully plans for a more sustainable, affordable, and equitable future. Sincerely, Robert Chun Board Member Appendix A: Lower-Income Sites in Palo Alto’s Proposed 6th Cycle Site Inventory Note: This data is from the February 17, 2022 memorandum to the Housing Element Ad Hoc committee. Category/Strategy Site Address or Street Zip Code APN Acres Current Use Potential Minus Existing Units Income Category MFA MFA 160 FOREST AV 94301 12027047 One story fitness center (FAR: 0.8), surface parking 26 Lower WG Suggestions 3877 EL CAMINO RE 94303 13241091 0.75 Vacant 24 Lower WG Suggestions Leghorn St 94303 14705012 0.85 Auto storage 27 Lower Total 77 Upzone Upzone 850 MIDDLEFIELD RD 94301 12005011 0.66 One story medical offices (FAR: 0.7), surface parking 15 Lower Upzone 652 HOMER AV 94301 12005008 0.64 One story medical offices (FAR: 0.5), surface parking 15 Lower Upzone 4146 El Camino Real 94301 13724034 0.77 Vacant 18 Lower Upzone 1681 EL CAMINO REAL 94306 12425044 0.91 One story medical offices (FAR: 0.5), surface parking 21 Lower Upzone 853 MIDDLEFIELD RD 94301 332094 0.80 One story medical offices (FAR: 0.5), surface parking 19 Lower Upzone 4151 Middlefield Rd 94301 12715023 0.93 Two story office space (FAR: 0.6), surface parking 22 Lower Upzone 3606 El Camino Real 94301 13708080 0.65 Vacant 15 Lower Upzone 4085 El Camino Wy 94306 13243153 0.71 One story retail (FAR: 0.4), surface parking 17 Lower Upzone 4113 EL CAMINO WY 94306 13244022 0.64 One story preshcool (FAR: 0.5), surface parking 15 Lower Upzone 2754 MIDDLEFIELD RD 94306 13255029 0.55 One story Retail (FAR: 0.5), surface parking 13 Lower Upzone 2811 MIDDLEFIELD RD 94306 12734098 1.74 Supermarket (FAR: 0.5), surface parking 41 Lower Upzone 3902 MIDDLEFIELD RD 94303 14708048 4.26 One story strip mall (FAR: 0.4), surface parking 102 Lower Upzone 3901 El Camino Real 94301 13242073 1.10 One story Hotel (FAR: 0.4), surface parking 35 Lower Upzone EL CAMINO REAL 94301 13238072 1.11 Surface parking 35 Lower Upzone 320 SAN ANTONIO RD 94306 14709069 0.76 Vacant 24 Lower Upzone 3375 EL CAMINO REAL 94301 13239088 0.74 One story restaurant (FAR: 0.2), surface parking 23 Lower Upzone 4224 EL CAMINO REAL 94301 16708037 0.63 One story restaurant (FAR: 0.5), surface parking 20 Lower Upzone 4230 El Camino Real 94301 16708030 0.52 One story car rental (FAR: 0.4), Surface parking 16 Lower Upzone 3903 EL CAMINO REAL 94306 13242072 0.53 One story bank (FAR: 0.5), surface parking 16 Lower Upzone 3200 EL CAMINO REAL 94306 14220037 0.61 Two story lodging (FAR: 0.5), surface parking 19 Lower Upzone 4238 EL CAMINO REAL 94306 16708031 0.65 Two story lodging (FAR: 0.5), surface parking 20 Lower Upzone 4256 EL CAMINO REAL 94306 16708042 0.60 One story restaurant (FAR: 0.4), surface parking 19 Lower Upzone 4279 EL CAMINO REAL 94306 14801016 0.80 Two story lodging (FAR: 0.7), surface parking 25 Lower Upzone 4345 EL CAMINO REAL 94306 14809011 0.95 Two story lodging (FAR: 0.4), surface parking 30 Lower Upzone 760 San Antonio Ave 94303 14705091 0.65 One story retail (FAR: 0.5), surface parking 20 Lower Upzone 87 ENCINA AV 94301 12033001 0.57 Two story office space (FAR: 0.8), surface parking 18 Lower Upzone 4291 El Camino Real 94301 14809014 1.16 Two story bank (FAR: 0.6), surface parking 37 Lower Upzone 720 SAN ANTONIO RD 94303 14705087 1.36 One story office space (FAR: 0.5), surface parking 43 Lower Upzone 841 El Camino Real 94301 12034001 0.64 One story car wash (FAR: 0.2), surface parking 20 Lower Upzone 788 SAN ANTONIO AV 94303 14703041 0.58 One story substandard office space (FAR: 0.5), surface parking 18 Lower Total 751 Caltrain Sites Between 1/4 and 1/2 Mile from California Ave. or San Antonio Station PARK BL 94306 13232043 1.38 Surface Parking 44 Lower Between 1/4 and 1/2 Mile from California Ave. or San Antonio Station 2400 EL CAMINO REAL 94306 14220012 0.75 One story bank (FAR: 0.2), surface parking 24 Lower Between 1/4 and 1/2 Mile from California Ave. or San Antonio Station 2673 EL CAMINO REAL 94306 13236077 0.64 One story restaurant and retail (FAR: 0.3), surface parking 20 Lower Between 1/4 and 1/2 Mile from California Ave. or San Antonio Station 2310 EL CAMINO REAL 94306 13701129 0.76 One story restaurant (FAR: 0.4), surface parking 24 Lower Between 1/4 and 1/2 Mile from Downtown Station 300 HAMILTON AV 94301 12016096 0.75 CD-C (P); PF Five story office building (FAR: 1.2), surface parking 24 Lower Between 1/4 and 1/2 Mile from Downtown Station 530 LYTTON AV 94301 12003070 0.67 CD-C (P) Four story office building (FAR: 0.8)21 Lower Between 1/4 and 1/2 Mile from California Ave. or San Antonio Station Cambridge ave 94306 12432050 0.65 Parking structure 20 Lower Between 1/4 and 1/2 Mile from California Ave. or San Antonio Station 3197 PARK BL 94306 13226076 0.59 One story office space (FAR: 0.6), surface parking 18 Lower 1/4 Mile from California Ave. or San Antonio Station 156 N CALIFORNIA AV 94306 12428045 1.14 CC (2)(R)(P) One story grocery store (FAR: 0.4), surface parking 45 Lower 1/4 Mile from California Ave. or San Antonio Station 150 GRANT AV 94306 12429020 0.60 CC (2)(R) One story office space (FAR: 0.5), surface parking 23 Lower 1/4 Mile from California Ave. or San Antonio Station NITA AV 94306 14709056 1.25 Surface Parking 50 Lower Total 313 Frequent Bus Routes Existing 1/2 Mile of Frequent Bus Routes MAYBELL AV 94306 13724045 0.56 17 Lower 1/2 Mile of Frequent Bus Routes 561 VISTA AV 94306 13737004 0.65 20 Lower 1/2 Mile of Frequent Bus Routes 4170 EL CAMINO REAL 94306 13724046 1.01 CS One story grocery store (FAR: 0.5), surface parking 32 Lower 1/2 Mile of Frequent Bus Routes 3150 EL CAMINO REAL 94306 14220054 0.75 CS One story Restaurant (FAR: 0.3), surface parking 24 Lower Total 93 Faith-Based Institutions Faith-Based Institutions (surface parking/vacant space)1985 Louis Rd 94303 350022 1.09 Faith-based institution 26 Lower Faith-Based Institutions (surface parking/vacant space)1140 Cowper St 94301 12018048 0.61 Faith-based institution 14 Lower Faith-Based Institutions (surface parking/vacant space)2890 Middlefield Rd 94306 13203193 0.76 Faith-based institution 18 Lower Faith-Based Institutions (surface parking/vacant space)3149 Waverley St 94306 13220161 0.69 Faith-based institution 16 Lower Faith-Based Institutions (surface parking/vacant space)3505 Middlefield Rd 94306 12747042 1.50 Faith-based institution 36 Lower Total 4.65 110 GM GM 950 INDUSTRIAL ST 94303 14701061 0.54 One story office space (FA 17 Lower GM 937 INDUSTRIAL AV 94303 14701086 0.57 Two story office space (FA 18 Lower GM 990 COMMERCIAL ST 94303 14701041 0.79 Two story office space (FA 25 Lower GM 4030 FABIAN WY 94303 12715010 0.55 Two story office space (F 17 Lower GM TRANSPORT ST 94303 14702017 0.66 Surface parking 21 Lower GM 3940 Fabian Wy 94303 12737023 1.27 Two story office space (FA 40 Lower GM 3960 Fabian Wy 94303 12737019 0.68 One story vacant office sp 21 Lower GM 3980 Fabian Wy 94303 12737018 0.69 One story vacant office sp 22 Lower GM 811 E Charleston Rd 94303 12737016 0.54 One story auto repair (FA 17 Lower GM 4045 TRANSPORT ST 94303 14701070 0.54 One story office space (FA 17 Lower GM 4007 TRANSPORT ST 94303 14701097 0.54 One story office space (FA 17 Lower GM 4083 TRANSPORT ST 94303 14701116 0.51 Two story office space (FA 16 Lower Total 248 ROLM ROLM 1035 E Me 94303 12710056 1.00 One story office space 32 Lower ROLM 1051 E Me 94303 12710082 1.07 One story office space 34 Lower ROLM 1053 E ME 94303 12710081 1.60 One story office space 51 Lower ROLM 1085 E Me 94303 12710110 1.43 One story office space 45 Lower ROLM 3600 W Ba 94303 12710076 2.08 Two story office space 66 Lower ROLM 3500 W Ba 94303 12736031 1.40 Two story office space 44 Lower ROLM 3460 W Ba 94303 12736029 1.49 Two story office space 47 Lower ROLM 3350 W Ba 94303 12736040 3.96 Two story office space 126 Lower ROLM 1020 E Me 94303 12710103 2.50 One story office space 79 Lower ROLM 1036 E Me 94303 12710094 3.06 One story office space 97 Lower ROLM 1050 E Me 94303 12710099 2.62 Two story office space 83 Lower ROLM 1052 E Me 94303 12710084 0.94 One story office space 30 Lower ROLM 1060 E Me 94303 12710049 1.13 One story office space 36 Lower ROLM 1066 E Me 94303 12710050 2.15 One story office space 68 Lower ROLM 1068 E Me 94303 12710051 1.00 One story office space 32 Lower ROLM 1076 E Me 94303 12710072 1.00 One story office space 32 Lower Total 902