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2012-01-23 City Council Agenda Packet
CITY OF PALO ALTO •;'• " CITY COUNCIL Special Meeting Council Chambers January 23, 2012 6:00 PM Agenda posted according to PAMC Section 2.04.070. Supporting materials are available in the Council Chambers on the Thursday preceding the meeting. Call to Order Study Session i. Emergency Medical Services Special Orders of the Day 2. Appointment for One Position on the Architectural Review Board Ending September 30, 2014 City Manager Comments Minutes Approval November 1, 2011 Oral Communications Members of the public may speak to any item not on the agenda; three minutes per speaker. Council reserves the right to limit the duration of Oral Communications period to 30 minutes. Consent Calendar Items will be voted on in one motion unless removed from the calendar by two Council Members. 3. Adoption of a Budget Amendment Ordinance in the Amount of $13,600 and Approval of a Contract with TJKM in a Total Amount Not -to -Exceed $163,600 for Professional Services for a City-wide Sign Inventory and Retroreflectivity Analysis Project (CIP PO -11000) 1 January 23, 2012 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK'S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. 4. Adoption of an Ordinance Approving and Adopting a Plan for Improvement to Juana Briones Park Authorizing the Addition of a Park Restroom Located Adjacent to Fire Station Number 5 and Clemo Avenue Agenda Changes, Additions and Deletions HEARINGS REQUIRED BY LAW: Applications and/or appellants may have up to ten minutes at the outset of the public discussion to make their remarks and put up to three minutes for concluding remarks after other members of the public have spoken. OTHER AGENDA ITEMS: Public comments or testimony on agenda items other than Oral Communications shall be limited to a maximum of three minutes per speaker. Action Items Include: Reports of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Reports of Officials, Unfinished Business and Council Matters. 5. PUBLIC HEARING: Appeal of Director's Architectural Review Approval of the Co -Location by AT&T of Wireless Communications Equipment on 20 existing utility poles located at 179 and 595 Lincoln Av.; 1851 Bryant St.; 1401 Emerson Av.; 1880 Park Blvd.; 134 Park Av.; 109 Coleridge Av.; 1345, 1720 and 2326 Webster St.; 1248 and 2101 Waverley St.; 968 Dennis Dr.; 370 Lowell Av. (Waverley side); 105 Rinconada Av.; 2704 Louis Rd.; 464 Churchill Av.; 255 N. California Av.; 1085 Arrowhead Wy.; and Oregon Expy near Ross Rd. *QUASI-JUDICIAL Council Member Ouestions. Comments and Announcements Members of the public may not speak to the item(s) Adjournment AMERICANS WITH DISABILITY ACT (ADA) Persons with disabilities who require auxiliary aids or services in using City facilities, services or programs or who would like information on the City's compliance with the Americans with Disabilities Act (ADA) of 1990, may contact (650) 329-2550 (Voice) 24 hours in advance. PUBLIC COMMENT Members of the Public are entitled to directly address the City Council/Committee concerning any item that is described in the notice of this meeting, before or during consideration of that item. If you wish to address the Council/Committee on any issue that is on this agenda, please complete a speaker request card located on the table at the entrance to the Council Chambers, and deliver it to the City Clerk prior to discussion of the item. You are not required to give your name on the speaker card in order to speak to the Council/Committee, but it is very helpful. 2 January 23, 2012 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK'S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. Additional Information Supplemental Information Standing Committee Meetings Council Retreat Packet Rail Committee Packet Regional Housing Mandate Committee Packet Schedule of Meetinas Schedule of Meetings Tentative Agenda Tentative Agenda Informational Report Notice of Vacancies on Three Palo Alto Boards and Commissions City Roster Update Public Letters to Council Public Letters to Council 3 January 23, 2012 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK'S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. City of Palo Alto, California EMERGENCY MEDICAL SERVICES ADD-ON TO CURRENT FIRE SERVICES UTILIZATION AND RESOURCES STUDY, JANUARY2011 FINAL REPORT January 2012 (updated) 1co Prepared by: TriData Division, System Planning Corporation 3601 Wilson Boulevard Arlington, VA 22201 City of Palo Alto Emergency Medical Services Review Table of Contents lyl►/�0a0101.711 EXECUTIVE SUMMARY................................................................................................1 ACKNOWLEDGEMENTS............................................................................................... 5 INTRODUCTION............................................................................................................. 7 THE EMS COMMUNITY............................................................................................... 11 StateEMS Agency.....................................................................................................................1 l SantaClara County....................................................................................................................12 .201 Rights.................................................................................................................................12 Summary of Professional and Court Findings...........................................................................17 CountyEMS Contractor............................................................................................................18 ConcludingSummary................................................................................................................20 ORGANIZATION AND MANAGEMENT....................................................................... 22 Current Organization and Management Structure.....................................................................22 Future Considerations for Administration and Management....................................................24 EMS RISK AND DEMAND........................................................................................... 27 EMSRisks.................................................................................................................................27 EMSDemand.............................................................................................................................33 EMSWorkload Analysis...........................................................................................................34 EMSResponse Time Analysis..................................................................................................37 AMRResponses Analysis.........................................................................................................38 Current Deployment Configuration and Coverage....................................................................39 EMS Incident Densities and Peak Load Units Analysis............................................................41 EMSOperations.........................................................................................................................50 EMSHuman Resources.............................................................................................................54 EMSEducation and Training....................................................................................................60 QualityManagement..................................................................................................................61 Logistics.....................................................................................................................................67 InformationTechnology............................................................................................................68 EMS SYSTEM FINANCES........................................................................................... 70 EMSCosts.................................................................................................................................70 EMSRevenues...........................................................................................................................72 TriData Division, January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review FINAL REPORT ELEMENTS OF THE EMS MASTER PLAN................................................................. 75 EMSPlan — Year 1....................................................................................................................75 EMSPlan — Year 2....................................................................................................................75 EMSPlan — Year 3....................................................................................................................76 EMSPlan — Year 4....................................................................................................................76 EMSPlan Year 5....................................................................................................................76 LIST OF RECOMMENDATIONS .................................................................................. 77 TriData Division, January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review EXECUTIVE SUMMARY FINAL REPORT SPC/TriData performed a comprehensive study of the Palo Alto Fire Department emergency medical services delivery system. This study is an add-on to our previous Fire Services Resource Utilization and Resources Study, January 2011. Introduction In 2010, the Palo Alto Fire Department (PAFD) responded to 5,306 EMS calls, most involving medical emergencies. This represented 60 percent of all calls received by the PAFD. Approximately one-third of all EMS calls involve patients needing assessment or minor care without transportation, patient refusal, or no patient. The introduction provides an overview of EMS in a manner understandable to those not directly involved in the daily provision of service. We include an introduction to EMS dispatch, response, clinical care, and finances. The EMS Community The EMS Community consists of the state EMS system, local EMS associations, and local EMS agencies. California has a well -organized EMS program with the California State EMS Authority responsible for overseeing the licensure of over 18,000 EMS providers, operating a statewide EMS system, coordination of the EMS disaster response plan, and various other state level responsibilities. Most of the EMS oversight is the responsibility of the Local EMS Authorities (LEMSAs) that are organized by county or multiple counties. The Santa Clara County LEMSA is responsible for EMS oversight in Santa Clara County. They oversee the County Exclusive Operating Area (EOA) except for the City of Palo Alto (and Stanford -land) that have a separate EOA. The Santa Clara LEMSA still has considerable oversight of the Palo Alto EOA. Palo Alto is the last City or fire district in Santa Clara County to retain its rights under California H&SC 1797.201 (referred to as —201 rights"). The purpose of this section of the law was to allow cities or fire districts that provided EMS prior to June 1, 1980 to continue providing these services until an agreement was reached with the LEMSA. A caveat to this provision is that services must be provided to the level that existed prior to June 1, 1980. The Santa Clara County LEMSA wants to bring Palo Alto into the LEMSA to enable the county to have a complete EMS system. Palo Alto has resisted this effort, being concerned that a total county EMS system will reduce the level of service provided to its citizens. We believe that these concerns are warranted, and recommend that no agreement be entered into that would abridge the City's .201 rights. Our reasons include: TriData Division, 1 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review FINAL REPORT • The County LEMSA cannot provide the same or better level of service than currently provided. • The new County EMS contractor is unproven and their track record has not been established. • The EMS contract has no room for reopeners for four years, so a separate contract will have to be established. • Proposed EMS legislation to protect City and fire district .201 rights is not likely to pass during this legislative session. Many state professional organizations such as the fire chiefs, medical directors, EMS administrators, etc. are participating by drafting a position paper on the .201 rights issues. Most generally are in support of LEMSA-wide systems, but their degrees vary. There is case law that appears to support the premise that .201 rights were intended to be temporary, and exist to bridge the gap until local systems could fully participate in their respective LEMSA. Decisions have not included timelines or goals, but do caution that once cities or fire districts relinquish their .201 rights, they cannot change their minds. Organization and Management The Palo Alto Fire Department is going through a significant organizational transition that will position them to look at the future of EMS. The City has considered abandoning the traditional fire chief position in favor of a public safety director to oversee the police and fire department. The police chief is serving as the Acting Public Safety Director. The entire command staff is staffed by officers acting out of title, or temporary employees. EMS is managed by an EMS Coordinator who reports to the Director of Operations. The EMS Coordinator is a non -uniformed staff member who coordinates all EMS quality management, EMS education and training, EMS logistics, and EMS information management. Other staff members assisting in EMS oversight are the EMS Medical Director, fire training captain, EMS data analyst, and administrative assistant. We later recommend additions to the EMS staff. EMS Risk and Demand The risks and demand facing Palo Alto are similar to most urban/suburban communities plus its obligation to protect Stanford University and its surrounding community. In 2010, the PAFD responded to 5,306 EMS calls, slightly below 2009 rates. We believe that through 2015, EMS demand will remain stable unless the PAFD is required to assume additional calls now handled by the county contractor within a mutual aid agreement. If the county contractor does not provide these services, EMS responses would increase by 7.5 to 11.3 percent. TriData Division, 2 January 2012 (updated) System Planning Corporation City of Palo Alto FINAL REPORT Emergency Medical Services Review The PAFD provides paramedic care using first responder fire engines and paramedic ambulances. Most fire companies are staffed with at least one paramedic. First responder engines have a 90th percent response time of 8:00 minutes, inclusive of 911 process time. This is slightly higher than recommended by NFPA 1710, but some delay is attributable to higher 911 call processing times. The PAFD provides ambulance coverage using three paramedic ambulances, one on a 24 -hour basis, one on a 12 -hour basis with 24 hour availability, and one available as needed by quickly moving personnel from an engine company to a paramedic ambulance. The 90th percentile for paramedic ambulance response is 12 minutes, inclusive of 911 processing times. Again this is higher than desirable, but some time lag is associated with delays at the 911 center. Recently, the PAFD moved its full-time paramedic ambulance to Station 1 and placed their 12 -hour unit at Station 2. This was an appropriate decision that should improve response times. We also provided EMS demand maps by day that showed a peak demand time on Friday evenings and Saturday. One recommendation is to place Medic 2 in-service on a 24 hour/seven day per week basis. We also recommend that Medic 3 be placed in-service on a first call first basis with Engine 3. EMS Operations We also made recommendations dealing with EMS efficiency including: (a) considering a formal evaluation of fire and EMS dispatch at the 911 center, (b) reducing paramedic ambulance staffing to one paramedic and one EMT, and (c) eliminating the non -emergency BLS ambulance service. These activities are not benefiting the City. The PAFD should also restructure the EMS staff to handle the added EMS responsibilities it continues to face. One suggestion is to reclassify the EMS Coordinator to EMS Chief. Another possibility is to promote a Battalion Chief for Training and reclassify the EMS Coordinator to EMS Captain. Another suggestion is to reallocate the EMS Data Technician to a 1.0 FTE. Succession planning and knowledge enhancement are important aspects needing further attention. The EMS Coordinator should be supported in attending the National Fire Academy (NFA) Executive Fire Officer Program. EMS personnel should also take advantage of recently updated NFA EMS Management programs. In addition to the change in paramedic ambulances, we suggest rotating the crews on the paramedic ambulances on a 12 -hour basis. Every firefighter should be a certified EMT, and be capable of serving as an EMT on the paramedic ambulance. There should be no special classifications for former paramedics or reserve paramedics in regards to compensation. No one who is not practicing as a paramedic should receive supplemental paramedic pay. One issue that will spread the workload between ambulances, especially during night hours is to assign Medic 1 TriData Division, 3 January 2012 (updated) System Planning Corporation City of Palo Alto FINAL REPORT Emergency Medical Services Review and Medic 2 a specific territory. This change will address issues of overwork and help assure that the closest unit is assigned to an emergency. The above recommendations will reduce the paramedic need to 28 and still guarantee 24/7 coverage with two paramedic ambulances and six paramedic engine companies. We believe that these steps will also increase retention of experienced paramedics who often choose to stop practicing. If there are further difficulties in recruiting, the PAFD should consider hiring non - uniformed paramedics as single role, entry level employees. There should be an opportunity for these personnel to become dual-role/cross trained firefighter -paramedics. EMS System Financing Practically all of the PAFD EMS system financing comes from fee for services. The City collects 52% of its gross expected revenue and 83% of its expected net revenue. This is considered better than expected for an urban/suburban community. In FY 2009/2010, the City collected approximatel$2,217,333. After all collections are completed, 2010/2011 should yield $2,228,812. If the City makes the operational changes recommended, we forecasted an FY 2011/2012 collection of $2,286,182 plus and additional cost reduction of up to $300,000. Conclusion We believe that the PAFD provides high quality EMS service to the residents, businesses, and visitors to Palo Alto. At this time, becoming part of the Santa Clara County LEMSA will not offer any advantages to the City. The newness of the County EMS contractor, and lack of contract reopeners makes recommending a change problematic. We have included 23 recommendations and have outlined a five-year plan as a guide for the City. There is still a possibility for the City and Santa Clara County LEMSA to reach an agreement to participate within the LEMSA. If interested, the City should proceed slowly and deliberately assuring that quality EMS care is not sacrificed. TriData Division, 4 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review ACKNOWLEDGEMENTS FINAL REPORT No study of this type could be successful without the assistance and cooperation of many dedicated professionals. EMS Coordinator Kimberly Roderick devoted countless hours to assist us with scheduling meeting, data mining, and offering us the benefits of her expertise and experience with the California EMS system. Below are members of the Palo Alto EMS community who helped make this study possible: Palo Alto Elected Officials Sid Espinosa Yiaway Yeh Karen Holman Larry Klein Gail Price Gregory Schraff Greg Schmid Nancy Shepherd Mayor Vice -Mayor Council Member Council Member Council Member Council Member Council Member Council Member Palo Alto City Management James Keene Pamela Antil Larry Perlin Lalo Perez Joseph Saccio Josie Stokes Charles Cullen Brian Van Den Broeke City Manager Assistant City Manager Chief Building Official Administrative Services Division Administrative Services Division Administrative Services Division 911 Dispatch Center 911 Dispatch Center Santa Clara County EMS Community Per Schenck Kristen Muehlenberg Josh Davies Michael Cabano Richard Ahrendt Interim Director, Santa Clara County LEMSA EMS Specialist for QI, Santa Clara County LEMSA EMS Specialist for EMS Systems, Santa Clara County LEMSA EMS Specialist for Compliance, Santa Clara County LEMSA General Manager, Rural Metro Ambulance TriData Division, 5 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review Palo Alto Fire Department FINAL REPORT Dennis Burns Acting Director of Public Safety Roger Bloom Deputy Chief, Management Services Geoffrey Blackshire Acting Deputy Chief, Emergency Operations Catherine Capriles Acting Deputy Chief, Support Services Chris Woodard Battalion Chief, Emergency Operations Kimberly Roderick EMS Coordinator William Laufer, MD EMS Medical Director Ed Schrader EMS Data Analyst Tony Spitaleri President, IAFF Local 1319 Brian Baggott Captain, Training and Vice President IAFF Local 1319 Ryan Stoddard General Board Member, IAFF Local 1319 Jesus Zuniga General Board Member, IAFF Local 1319 Michael Espeland General Board Member, IAFF Local 1319 TriData Staff Phillip Schaenman Dr. Harold C. Cohen Markus Weisner Erin Jones Jeff Dyar Maria Argabright President; Corporate Oversight Senior Project Manager; Project Manager Data and GIS Analyst Analyst; Legal Research Senior Consultant; EMS Systems Executive Assistant TriData Division, 6 January 2012 (updated) System Planning Corporation City of Palo Alto FINAL REPORT Emergency Medical Services Review INTRODUCTION In January 2011, TriData submitted to the City of Palo Alto a Comprehensive Fire Services Utilization Study. Emergency Medical Services were considered in part in that study, but we recommended that the City engage in an expanded EMS study to further address timely issues specific to EMS. This report focuses in depth on the EMS issues identified in the first study that will allow Palo Alto to consider how best to provide EMS, what are the cost -benefits of the city itself providing full EMS, and likely future expectations. Overview of EMS This section presents an overview of EMS to assist public officials with understanding how the system works in Palo Alto. The discussion below provides further technical information to help the City achieve its goals and create a pathway for the future of EMS. This overview is meant to serve as an introduction to the challenges ahead. EMS Calls— In 2011, the PAFD responded to 5,306 EMS calls. Sixty percent of 911 all fire department response requests in Palo Alto are for emergency medical services (EMS). They include everything from life threatening emergencies to non -emergency EMS medical transportation. Approximately 96 percent of EMS calls are for possible life -threatening situations like chest pains or unconscious or profuse bleeding. The definition of an emergency is not universally accepted. It is likely that the caller considers 96 percent of the requests to be emergent, but after assessment by EMS professionals, the true number is much lower. As in most places in the United States, approximately one-third of the EMS calls result in no patient contact, or patient assessment but no transportation, or patient refusals of assistance. While frustrating and costly, these calls are an important aspect of EMS, because they represent potential emergencies and provide service to concerned citizens who don't know the situation is not a significant emergency —it often is to them. . EMS Dispatch — EMS response begins before the dispatch of an ambulance. The 911 Communications Center contact with the caller is the first phase of response. Universal access to 911 has been achieved, and recent enhancements have assured that cell phones have the same accessibility as traditional landlines. Traditionally, EMS dispatch was a single linear function that involved collecting the location of the incident, and a brief summary of the incident. Now, collection of incident and location data is only a small part of the call handling and dispatch mission. TriData Division, 7 January 2012 (updated) System Planning Corporation City of Palo Alto FINAL REPORT Emergency Medical Services Review EMS dispatch has become a multi -phase system with several feedback loops including: collection of information, determining the appropriate level of service, providing pre -arrival care instructions, monitoring the status of the entire public safety system, and the collection and analysis of response and patient care data. This includes sophisticated computer aided dispatch systems and recently vehicle locator devices to assure closest unit response to emergencies. EMS dispatch centers (often combined with fire and police dispatch) can potentially save lives by rapidly dispatching the right personnel and equipment, reducing unnecessary emergency vehicle response, providing critical pre -EMS care instructions, and assisting EMS services by determining the appropriate level of care needed and the placement for deployment of EMS units.1 Changes to the EMS dispatch system have included the career development of EMS communications professionals. Historically, dispatch was often staffed with minimally trained personnel, those seeking -early retirement," or as might duty" positions. Now, most EMS dispatchers are licensed or certified in telecommunications skills, using a medical priority dispatch system to code calls, provide pre -arrival care instructions, and communicate with EMS providers. After their initial training, EMS communications professionals are often required to pass state certification examinations, practical internships, and approved professional continuing education. Above all, one must remember that EMS dispatch is the first step in the EMS process. Failure to correct shortcomings in this area will likely negate any positive changes made to other parts of the system. EMS Response - The department provides EMS using a broad scope of services including the full assets of the fire department that would include fire stations, emergency vehicles, personnel and assistance from other public agencies such as law enforcement, public works, and private EMS. The BLS level service is provided by emergency medical technician (EMT) certified fire fighters. The ALS level service is provided by licensed paramedic firefighters. Some non - emergency basic life support services are performed by part-time, non -uniformed EMTs. The Palo Alto EOA requires that all patients receive initial paramedic assessment. A small percentage of calls can be downgraded to EMT level. Issues concerning .201 rights —the need for the same service as in the 80s —are interfering with efficient mixing of basic and advanced life support services. 1 Evans, B. and Dyar, J. (2010). Management of EMS. Upper Saddle River, NJ: Pearson. TriData Division, 8 January 2012 (updated) System Planning Corporation City of Palo Alto FINAL REPORT Emergency Medical Services Review The geographical location with the county provides some unique challenges for the Palo Alto emergency services system. The county EMS system is centralized toward the middle of the county. Since Palo Alto is located near the fringes of the county, back- up assistance from the county is inherently delayed. This fact has resulted in the unique need of Palo Alto fire to develop a system that does not rely on the county as back-up. The level of care delivered to the citizens and visitors of Palo Alto from the local fire - based system is quite good and exceeds national performance standards for response to an emergency scene and level of care delivered. The benefit to the residents is they get multiple services from one public agency; in other words, the fire department provides fire/EMS/public assistance from multi -role trained personnel and equipment, distributed across the City of Palo Alto. The county EMS system management plan and the geographic location of the City would make a large-scale change unwise. EMS Clinical Care— The PAFD is at the forefront of EMS clinical care, providing the highest level of paramedic service permitted by law. Working in concert with Santa Clara County EMS, the care provided by PAFD providers is well supervised by the senior staff and EMS coordinator, with effective physician medical oversight. The LEMSA and PAFD are ahead of most other EMS systems with their quality management program. The local hospitals work well with the EMS system to measure system effectiveness, especially in areas like cardiac care, stroke, and trauma, where EMS care has been measured to make a difference. Looking forward, much more emphasis is being placed nationally on evidence -based EMS care, requiring EMS systems to dedicate more resources to quality management. Patient outcomes, financial indicators, and system efficiency starting with dispatch can expect to 1 receive greater attention. In fact, each part of the EMS delivery system will face further scrutiny. Previous staffing models will be questioned as to how many paramedics are actually needed, which procedures should be provided by basic or advanced providers, and how will EMS improve the entire healthcare system. The PAFD is involved in several studies being conducted by the emergency medicine community, including methods for seizure management, video assisted ET intubation, and medically -induced hypothermia for patients suffering cardiac arrest or severe head injury. EMS Financing— The traditional EMS reimbursement model reimburses providers for transport of patients to an emergency department. This model may seem logical on face, but is really counterintuitive to operational efficiency. Very limited reimbursement is offered for patient assessment, treat and release, or triaging patient to a non -emergency facility, primary care physician, or community assistance. By requiring transport to collect funds, EMS often sends patients to the most expensive care available (a hospital emergency department), and is a factor in the rising cost of healthcare. TriData Division, 9 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review FINAL REPORT EMS is also facing reduced reimbursements for transportation, especially from federal payors such as Medicare and Medicaid. Private insurance providers are following suit by basing their reimbursement rates on Medicare.2 A recent federal decision to disallow rounding of mileage up to the next whole mile will cost Palo Alto $20,000 to $30,000 annually. The future of EMS will link emergency care and access to healthcare. Financial incentives and remuneration must be refocused to allow payment for situations where transportation to the emergency department is deferred or avoided. Changes such as these will require federal, state, and local healthcare agencies to work toward a common goal to improve emergency care and access to primary care. Prevention and post -acute incident follow-up will surely be a new emphasis. Simply put, when people think about what the public really needs from EMS, four things come to mind. • If I'm dying, save me quick! • If not dying, can you take care of it here? • Can you get me to the right place? • Please don't cause me financial devastation! Right now, the first item is well handled by EMS. The second and third items are now coming into focus. We need to determine if there are more patients that can be treated on scene and either released, or referred to the proper provider (not necessarily an emergency department). The last item is new to EMS. Until recently, most EMS providers never thought about the financial outcome of a patient they treated. We are beginning to realize that the EMS system is a partner is the healthcare systems role of stewardship. 2 Evans, B. and Dyar, J. (2010). TriData Division, 10 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review THE EMS COMMUNITY FINAL REPORT Compared to many other states, California's state and county EMS systems are well organized and have considerable impact on local EMS operations. State EMS Agency The California State EMS Authority (EMSA) was created in 1980 to provide statewide EMS leadership and development. The State EMS system is divided into three operational divisions: • EMS Personnel Standards Division • EMS System Division • Disaster Medical Services Division Day-to-day EMS operations are the responsibility of a designated local EMS authority (LEMSA). There are 24 single county and seven multi -county LEMSAs responsible for their jurisdictional EMS. EMS in cities, towns, and other municipal governments is controlled by the LEMSA. There is little local control over EMS unless the localities meet specific criteria that will be discussed later. Specifically, the role of the statewide EMS authority includes: • Licensure and medical discipline for approximately 18,000 paramedics • Maintenance of a statewide EMS registry • Organization of over 14,000 disaster medical volunteers • Organization and maintenance of mobile disaster assets • Writing a trauma plan for a statewide trauma system • Funding and oversight of the California Poison Control System • Development of the EMS for Children (EMS -C) program • Development of the California Emergency Medical Services System (CEMSIS) • Oversight of first aid, CPR, and AED regulations and training • Development of the Stroke and ST -Elevation in Acute MI (STEMI) program. • Oversight of EMS specialty care programs TriData Division, 11 January 2012 (updated) System Planning Corporation City of Palo Alto FINAL REPORT Emergency Medical Services Review The California EMSA also works closely with The California Commission on Emergency Medical Services, an appointed group that allows for stakeholder input into the EMS system. Membership represents many stakeholder agencies including EMS providers, medical directors, administrators, fire agencies, and nursing. The Commission approves regulations and guidelines promulgated by the EMS Authority, and may hear appeals from LEMSAs regarding EMS plans. All state EMS regulations are contained in the California Health and Safety Code Division 2.5. Santa Clara County Palo Alto is an Exclusive Operating Area (EOA) within the Santa Clara County Local EMS Authority (LEMSA) program. The Santa Clara LEMSA program oversees an Exclusive Operating Area (EOA) that includes: all cities, towns, and unincorporated areas in Santa Clara County. Santa Clara County has another EOA, the City of Palo Alto/Stanford-land3 that is not part of the LEMSA. Effective July 1, 2011, the Santa Clara LEMSA EOA transferred from AMR to Rural Metro Ambulance (RMA) Service, both private providers. . Santa Clara LEMSA signed a five- year agreement that awarded the EOA for emergency ambulance service to RMA. The award excluded the City of Palo Alto, and prohibited RMA from venturing into the non -emergency ambulance transport business within the EOA. RMA has 55 ambulances available for service based on a dynamic staffing plan approved by the LEMSA. The City of Palo Alto EOA continues under the direction of the Palo Alto Fire Department and includes advanced life support (ALS) emergency ambulance service, advanced life support first response, and basic life support on -emergency ambulance transportation. Even though Palo Alto is not part of the Santa Clara County EOA, the LEMSA has considerable oversight responsibilities, including medical direction, clinical proficiency, EMS dispatch, quality management, and other system related activities affecting Palo Alto. The Santa Clara County LEMSA is well managed and provides efficient service to the County. However, we identified several factors that Palo Alto must consider before making decisions about EMS for the future. .201 Rights One of the major issues involved in shaping the future of Palo Alto EMS is the City's rights under California H&SC 1797.201 (referred to as —201 rights"). The purpose of this section of the law was to allow cities or fire districts that provided EMS prior to June 1, 1980 to 3 For the purpose of the study, the City of Palo Alto will also include Stanford. Palo Alto provides EMS service for this area. TriData Division, 12 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review FINAL REPORT continue providing these services until an agreement was reached with the LEMSA. A caveat to this provision is that services must be provided to the level that existed prior to June 1, 1980. Only a city council or governing board of a fire district may reduce this level of service and only after a public hearing.4 Some cities and fire districts have transitioned their EMS operations into the LEMSA, while others have retained their .201 rights. Some LEMSAs have several .201 rights jurisdictions within their area, while others have few or none. In Santa Clara County, the City of Palo Alto is the only city with .201 rights. Each LEMSA has a different interpretation of how literal the .201 statute reads. Within some LEMSAs, there is leeway as to what —level of service prior to 1980 " means. Santa Clara County believes that any alteration of the service level existing prior to 1980 is a violation of these rights and would cause Palo Alto to forfeit their .201 rights. Other LEMSAs may have differing views. State Professional EMS Groups and .201— Some statewide EMS groups advocate moderation in interpreting .201 rights provisions. The EMS Commission 1797.201/224 Subcommittee recommends that the legislature rescind the 201 statute in favor of 1797.224 that allows an incumbent cities and fire districts to maintain their current service without being absorbed into the LEMSA. An approved agreement between the LEMSA and the incumbent would be required by December 31, 2013.5 While this appears to be reasonable, completing any agreement between a .201 city or fire district and a LEMSA may abrogate any .201 rights, based on legal cases that are discussed below. The EMS Administrators' Association of California (EMSAAC) believes that .201 rights were meant to help accommodate local EMS systems while assuring system oversight. As LEMSAs began to develop, local agencies were expected to easily reach agreement with the oversight agency. The expected outcome did not occur. Either each city and fire district functioned within the LEMSAs without a formal agreement, or a more formal partnership agreement was reached. EMSAAC supports partnering agreements that concentrate on shared decision making that would lead to better patient care.6 7Again, while this may appear reasonable, the legislation merging 1797.201 and .224 has not passed the California legislature and is not likely to pass in the near future. 4 CEMSA. (2011). California emergency medical services law. Health & safety code division 2.5. Rancho Cordova, CA: California Emergency Medical Services Authority. 5 Gilbert, S., Johnson, R., Barton, B., Meyer, L., & Stone, L. (2010, December). Subcommittee Report and Recommendations (1797.201/224). Report to the Commission Chair, December 1, 2010. 6 EMSAAC. (2010, May). A Summary of Issues Related to H&SC § 1797.201. For -201 Today and Tomorrow: A Workshop on EMS System Coordination." May 4, 2011. 7 Draft revision of EMS act to consolidate section 1797.201 into section 1797.224. TriData Division, 13 January 2012 (updated) System Planning Corporation City of Palo Alto FINAL REPORT Emergency Medical Services Review The Emergency Medical Directors Association (EMSDA) provides perhaps the most sensible position on the issue by questioning the need for further discussion on .201 rights. EMSDA notes that this legislation is fixed in time and no longer applicable for a modem EMS system. It is illogical to require any EMS system to require an organization to be where it was 30 years ago.8 We agree and find that Santa Clara County is trying to hold Palo Alto to a 30 year old standard that is not in the best interest of patient care. Although the EMSDAs position seems meritorious overall, we note some of their statements that may contradict their own philosophy. First, we found that the silo mentality" discussed by the EMSDA, actually exists in Santa Clara County medical direction practices. Legislation permits the LEMSA medical director to appoint assistant medical directors, but it appears there is reluctance to share oversight authority with the Palo Alto EMS medical director. EMSDA says -There should be some give and take in these decisions [medical], and clarity on the ones that are the sole responsibility of Medical Directors, for which we are held accountable" (p. 5). A modem EMS system cannot condone silo -mentality on any issue. While physician oversight primarily affects the practice of out -of -hospital medicine, every system constituent has a responsibility and stake in patient care. No one group has exclusive reign on any aspect of the EMS system. The Los Angeles Area Fire Chiefs Association (LAAFCA) (2008) analyzed the .201 rights issues and offered yet a different opinion. Based on the San Bernardino and Apple Valley cases, they opined that there is a distinct difference in between the -type" and the -level" of EMS being provided. -Type" of service would include: • Emergency Medical Dispatch • Prehospital Emergency Medical non -Transport Service • Prehospital Emergency Ambulance Service In contrast, —Feel" of service would include: • First responder or advanced first aid • Basic Life Support (EMT -1) • Limited Advanced Life Support (EMT -2) • Advanced Life Support (EMT -P) 8 EMDAC. (2010, May). -G01 Today and Tomorrow: A Workshop on EMS System Coordination." May 4, 2011. TriData Division, 14 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review FINAL REPORT These distinctions would allow .201 cities and fire districts to retain their rights and change their levels of service. The change process would have to be accomplished by city government or fire district board and would be a public process. Another major issue addressed by the LAAFCA concerns the requirement for a formal agreement between .201 cities and LEMSAs. Most EMS agencies agree that California H&SC 1797.201 (.201 rights) were meant to be a temporary provision until cities or fire districts could reach an agreement with the LEMSA. Their point is that there is no statutory deadline for an agreement, and the .201 rights law was not meant to coerce agencies into reaching a formal agreement.9 Although the LAAFCA letter was written over three years ago, much of its content remains unanswered, and continues to cause contention today. We believe that the Santa Clara County LEMSA is attempting to pressure the City of Palo Alto into signing a 224 agreement. Legal Issues —The California Court records contain several case citations concerning .201 rights. While these decisions answer several questions, they provoke even more. In County of San Bernardino, et al, v City of San Bernardino, et al, (1997) the California Supreme Court issued a divided decision, in part affirming the rights of the City of San Bernardino to administer an EMS system, and reversing the lower court by affirming the City's obligation to follow certain County regulations such as medical protocols. The decision included the right for the County to regulate dispatch procedures. The court specifically noted that Section .220 of the EMS act was separate from .201 rights for cities and fire districts. Also, the City could not expand the types of services provided prior to June 1, 1980. They also noted that the City must continue to provide at the level prior to June 1, 1980. The majority opinion agreed that the term until such time as an agreement is reached did convey that the law intended cities and fire districts to reach an agreement with the LEMSA, but does not prescribe a time requirement or obligate active pursuit of such agreement. Another major part of San Bernardino concerns the ability of the County or City to create an Exclusive Operating Area (EOA) for their jurisdictions. There appears to be two specific interpretations of .201 rights, including: • The County has exclusive rights to create an EOA • Unless already present prior to June 1, 1980, the city or fire district does not have the right to create an EOA or exclude services with County agreements to provide services within said cities or fire districts. 9 LAAFCA. (2008, April). Letter to Chief Deputy Director Dan Smiley, California Emergency Medical Services Authority. April 8, 2008. TriData Division, 15 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review FINAL REPORT It appears that the court has affirmed the rights of the County and the cities and fire districts as espoused by .201 (.201 rights). While some fire districts claimed that their laws were different that of cities, the court denied their assertions.10 Bernardino (1997) was a seminal decision that both clarified and engrained the existing conditions and conflicts. We believe that the burgeoning reliance on medical priority dispatch programs, including pre -arrival care instructions, classifications of call by priority, and level of assignment of specific equipment to calls is the provision of patient care, and therefore should be overseen by medical direction. Also, the court believed that .201 rights were supposed to be temporary, being part of a process to integrate cities and fire districts in the LEMSA. Our concern for the City of Palo Alto is that the court placed no time constraint on this action, did not condone coercion, and does not require either entity to initiate these actions. Further, the lack of separation between type and level of service further complicates the situation. Another significant legal case was Valley Medical Transportation v. Apple Valley Fire Protection District, et al. This case surrounded the effort of the Apple Valley Fire Protection District to resume its rights as a fire district to provide ambulance service. Prior to June 1, 1980, Apple Valley provided ambulance service within the district. In 1984, the district voluntarily ceded ambulance service to San Bernardino County, who subsequently contracted with Valley Medical Transportation for ambulance service. Apple Valley continued to provide BLS first response. In 1994, after receiving complaints about Valley`s quality of service, the Apple Valley Fire District began steps to resume ambulance service. The County would not approve the fire district's request, and a complaint was filed.11 In a unanimous finding, the California Supreme Court affirmed the findings of two lower courts, ruling that when Apple Valley ceded its ambulance service and disposed of its vehicles, it essential forfeited its .201 rights. The court relied on its San Bernardino decision that supported a city or fire district retaining .201 rights for services operated before June 1, 1980, but did not support adding or regaining any services thereafter. The Apple Valley case (1998) is of special concern to Palo Alto because it affirms that once EMS service is ceded to the LEMSA, or perhaps even if an agreement is reached, there is no ability to reverse the decision. Even poor service could not be claimed, because the court ruled that these matters should be addressed in the legislature, not the courts. In summary, once Palo Alto abandons its .201 rights, the decision is functionally irrevocable. In 2009, the County of San Joaquin filed suit against the City of Stockton concerning the extent of authority over EMS dispatch. Upon the County soliciting an REP for a new EMS provider, including EMS Dispatch provider, the City should have been aware that the County 10 County of St. Bernardino, et al, v. City of Saint Bernardino, et al, 15 Cal. 4th 909; 938 P.2d 876, June 30, 1997. 11 Valley Medical Transport v. Apple Valley Fire District, et al, 17 Cal. 4th 747; 952 P.2d 664, March 26, 1998. TriData Division, 16 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review FINAL REPORT could control EMS dispatch within the City.12 In a similar case filed in 2010, San Joaquin County claimed that after agreeing to be part of the San Joaquin LEMSA in 1986, the City of Stockton had no grandfathering rights to provide ambulance service.13 In both cases, the court relied on San Bernardino to formulate opinions. These cases underscore the need for Palo Alto to move cautiously before considering abandonment of its .201 rights. Case law appears clear that once these rights are abrogated to another agency, they cannot be recalled. Summary of Professional and Court Findings Professional organizations and the courts have taken a keen interest in the provision of quality EMS to the citizens of California. Court decisions and professional organizations agree that the EMS Act intended to set up a two -tiered system, including state EMS oversight, and local EMS oversight by single or multiple county LEMSAs. The .201 rights in question were intended to be temporary in order for city and local fire districts to reach agreement on EMS provision. There does not appear to be an intention to limit emergency ambulance service to one provider per LEMSA, but for the LEMSA to control all EOAs. While seemingly a stepping stone for a LEMSA-wide agreement, .201 rights provide a vehicle for operating EMS until agreements are reached, and a protection for city and fire district EMS agencies to assure that agencies in existence can continue to provide the level of care they did prior to June 1, 1980. There are no mandates, target dates, or specific time -based goals that either the cities and fire districts or LEMSAs are bound by. It is clear that once a city or fire district abrogates its .201 rights, the decision is permanent. We agree with several organizations that the idea of .201 rights is antiquated. EMS provision should be based on the best interest of the patient, based on scientifically validated data, and evidence based practice. There is no longer room for cities and counties to squabble over who is meeting a 30 -year old law that over -emphasizes the system" at the expense of patient care. In Palo Alto's situation, keeping its .201 rights is essential for the near future. Under no circumstances should the City agree to an agreement under section .224 or sign any agreement with Santa Clara County. To do so would jeopardize the City's .201 rights. Recommendation 1: The City should not enter into any agreement that could jeopardize its .201 rights. 12 County of San Joaquin v. City of Stockton, et al, Case 379455, March 16, 2009. 13 County of San Joaquin v. City of Stockton, et al, Case 636257, June 3, 2010. TriData Division, 17 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review FINAL REPORT There is still a question concerning the last part of 1797.201 that allows cities or fire districts to retain their .201 rights, even if they change their level of service, provided that the change is directed by city government during a public hearing process. The City should seek further legal advice concerning that matter. Recommendation 2: The City should seek additional legal advice as to its right to alter the level of EMS service while retaining their .201 rights. County EMS Contractor Until July 1, 2011, American Medical Response (AMR) was the exclusive emergency ambulance provider for all parts of Santa Clara County except for Palo Alto. Effective July 1, 2011 the County contract changed hands to Rural Metro Ambulance Service (RMA) (Figure 1). The contract between RMA and Santa Clara County contains significant performance and financial requirements that will be difficult to accomplish even without Palo Alto. Initial anecdotal data indicates that RMA is challenged by its contractual response time requirements, having accumulated significant fines. Figure glance RMA Contract— The new RMA contract was enacted on July 1, 2011. There are several performance and financial requirements that must be addressed before Palo Alto considers signing an agreement with Santa Clara County.14 15 Performance: The following performance requirements are significant to EMS in Palo Alto. 14 Rural Metro of California. (2010, December). Emergency medical services agreement between Rural/Metro of California, Inc. and County of Santa Clara. Enacted on December 14, 2010. 15 Santa Clara County EMS. (2011, January). Santa Clara County 911 ambulance service agreement. PowerPoint presentation on January 19, 2011. TriData Division, 18 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review FINAL REPORT • RMA must provide seamless automatic aid/mutual aid with the City of Palo Alto (Section 3.10.3) • All Advanced Life Support (paramedic) response regardless of Medical Priority Dispatch Coding (Section 4.1.1) • Deployment requirements for 32 daytime posting positions, 29 nighttime posting positions, and three ambulances always available • 90 percent or greater response compliance at < 7:59 to 9:59 minutes depending on zone for Level C, D, and E calls (Appendix D) • At least three EMS supervisors in separate vehicles on duty at all times (Section 5.2). Financial: The following financial requirements on the private provider are significant to EMS in Palo Alto. • $1.5 million franchise fee paid to the county. Subject to annual increase of up to 3/5 of authorized ambulance fee (Section 3.3) • $1.5 million Emergency Communications Fee (Section 3.4) • $5.0 million for First Responder Funding, subject to annual increase of up to 3/5 of authorized ambulance fee (Section 3.5.2) • $150,000 to train Sunnyvale paramedics (Section 3.9) • $158,000 + for start-up, permit, and attorney fees (Sections 3.6, 3.7, and 3.8) • $10,000 fine for every percentage point below 90th percentile (maximum $50,000) per month (Section 4.4.1). • $250 to $10,000 per late response, no aggregate maximum (Section 4.4.2) • Costs for a complete EMS Training Program including facilities, instruction, and other supporting requirements (Section 6.12). • Costs for purchase, and maintenance of EMS Stations (Section 5.7). The above costs exclude information services, supplies, salaries and benefits, and other associated costs. These listed performance and financial requirements are challenging, requiring RMA to operate a lean, performance driven organization. An important restriction is that RMA may not provide non -emergency ambulance service (transfers) under this contract. Since the TriData Division, 19 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review FINAL REPORT collection rate for non -emergency calls is usually higher than for emergency calls, RMA is restricted to financial high risk calls.16 Contract Impact on Palo Alto — The initial phase of the contract is for five years, with no reopeners. If Palo Alto chooses to cede their ambulance service to Santa Clara County, they will have to negotiate a completely new contract with RMA. We suspect that such a contract would provide less financial benefits to the City, so that the contractor could recoup some of the expected cost excesses of the current contract. Also, the response time parameters are no better than the current requirements within the Palo Alto EOA. The City of Palo Alto must answer the question, -What are the benefits of becoming a full partner in the Santa Clara LEMSA, and forfeiting .201 rights?" At this time, we see no benefit to these options. The current system is unproven and at least two years of performance data should be analyzed before any reconsideration. Recommendation 3: The City of Palo Alto should not forfeit its .201 rights, and not use the current County EMS contractor. Concluding Summary Santa Clara County EMS is led and staffed by competent EMS professionals whose best interest is their community. They appear to be an efficient organization that provides effective oversight of the LEMSA. The negativity about them in the section above is related only to the situation involving the City of Palo Alto and the .201 rights situation. That should not be considered an indictment of RMA or its EMS professionals. RMA has extensive experience providing EMS in California and the United States. Their rank and file is dedicated to providing the best patient care possible. Our reluctance to recommend reaching a .224 agreement and abandoning .201 rights is strictly situational. Specifically, we find the following situation exists: • The Santa Clara County LEMSA is attempting to use monetary penalties as a way to enforce the performance based system. • Legal decisions that associate reaching a .224 or other agreement as abrogation of .201 rights. • Case law that indicates once .201 rights are ceded, they cannot be taken back, even if poor quality service occurs. 16 Santa Clara County EMS should be commended for negotiating a contract that demands high performance and should be financially beneficial to the County. TriData Division, 20 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review FINAL REPORT • Some sections of .201 rights regulation are unclear, especially involving system changes (type v. level). • Santa Clara County is has a new EOA provider whose ability to comply with the new contract is still unproven. There is no obvious benefit to the City or its residents to change EMS delivery type TriData Division, 21 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review ORGANIZATION AND MANAGEMENT FINAL REPORT Organization and management includes an overview of EMS, executive management, and integration of EMS into the department. Current Organization and Management Structure The organization and management structure of EMS described in our previous report on the PAFD continues to prevail. Many key fire department positions are still unfilled or in transition. Retired chief officers have been contracted to temporarily serve. The fire chief position is vacant and being filled by the police chief who is the acting public safety director. While day-to-day operations are not threatened, strategic planning is clearly affected by the transitional nature of the department. Acting Public Safety Director— The Acting Public Safety Director (police chief) continues to act as the CEO for the PAFD and PAPD. Even though the director's background is in law enforcement, he has made considerable effort to understand the complexities of the EMS system. The director is concerned that previous elimination of non -operational positions is now adversely affecting the fire department. He feels that EMS needs more administrative depth and support. Deputy Chief ofAdministration — This position is being filled by a retired deputy chief who is temporarily contracted to assist with organization transition and succession planning. Much of his time is also spent with contract negotiation and management, and finances. He works well with the EMS Coordinator in dealing with County EMS issues, including .201 and .224 requirements. Acting Deputy Chief ofEmergency Operations— Organizationally, EMS is overseen by the emergency operations division. The current deputy chief is a long term employee who is well versed in department operations, but has a minimal EMS background. The acting deputy chief has been able to determine that there are major issues facing EMS. He is concerned that EMS needs more personnel, and that the current staffing methods being used are not effective. Acting Deputy Chief of Support Services — The current incumbent has some input into EMS because she manages fire training and recruiting. A major concern is the need to balance diversity with the need for qualified paramedics. The department is unsure how to construct recruiting parameters to address these issues. The acting deputy chief also supervises the training captain who works closely with the EMS Coordinator in providing initial and continuing training programs. TriData Division, 22 January 2012 (updated) System Planning Corporation City of Palo Alto FINAL REPORT Emergency Medical Services Review EMS Coordinator— The EMS Coordinator is the senior EMS administrator who oversees most aspects of EMS. While her duties are mostly administrative, she oversees the non - emergency BLS ambulance program and the non -sworn EMTs who staff the unit. Management and labor unanimously agree that the workload for this position is excessive and changes must be made. Currently, this is a non -sworn position but is represented by the officers' union. We discuss this position extensively later in the report. Training Captain — The training captain has involvement with the coordination of EMS training. Since all paramedics are dual-role/cross-trained firefighters, some of their continuing education needs to be coordinated with EMS training. This officer works with the EMS Coordinator to assure that multiple priorities are met. EMS Medical Director— A physician who is trained and active in the emergency medicine community who advises the Acting Public Safety Director, and the EMS Coordinator on EMS matters. This includes quality management, medical procedures, and approval of controlled substance ordering and control policies. Officially, the Santa Clara County LEMSA EMS Medical Director has official oversight of all EMS, including Palo Alto. State regulations allow the LEMSA medical director to appoint assistant medical directors. The LEMSA medical director has chosen not to take advantage of this opportunity. This confuses the exact authority of the PAFD medical director. Recommendation 4: The Santa Clara County LEMSA medical director should appoint the PAFD medical director as a LEMSA assistant medical director for Palo Alto. Specific duties and responsibilities would be determined by the LEMSA medical director. Figure 2 shows the current organization and management structure. TriData Division, 23 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review FINAL REPORT Figure 2: EMS Organization Chart Acting Public Safety Director Deputy Chief of Acting Deputy Chief of Acting Deputy Chief of Administration Operations Personnel and Training EMS Coordinator Training Captain EMS Medical Director Future Considerations for Administration and Management Finding a direction for EMS will have a direct impact on the future organization and structure of the Palo Alto Fire Department. Legal outcomes of .201 rights legislation, financial considerations, and providing services are the major challenges ahead. .201 Rights Legislation — As noted earlier, the challenge of .201 rights legislation has currency and will affect the future organizational structure of the department. If Palo Alto would lose or voluntarily abrogate its .201 rights, the PAFD would be reduced to first responder status. Ambulance service would be discontinued, and a contract negotiated between the City, County, and a provider. After the current County provider contract expires, the County would require Palo Alto to enter into the countywide EOA. There are some political and administrative officials who favor Palo Alto joining the Santa Clara County LEMSA. It might seem that this could potentially provide adequate EMS service in a cost effective manner. Unfortunately, this approach has several drawbacks: There are too many questions involved with EMS legislation that could affect the quality of EMS care in Palo Alto. Signing a .224 agreement would strip the City of its.201 rights and place it at the mercy of the County LEMSA. Current court decisions do not support trial or temporary options that could be reversed. Proposed California Assembly Bill No. 210 would eliminate .201 rights in exchange for cities and fire districts keeping their service, provided they enter an agreement TriData Division, 24 January 2012 (updated) System Planning Corporation City of Palo Alto FINAL REPORT Emergency Medical Services Review with the LEMSA by December 31, 2013. The city or fire district would be assured representation on a LEMSA EMS care committee. This would be an acceptable alternative, but local EMS officials give the legislation little chance of passing. • The current EMS contract is new and unproven. Preliminary initial data indicates that RMS is having difficulty meeting response time requirements, and has been assessed considerable fines for lack of compliance with individual incident and collective contractual requirement. • The current contract is in the first year of a five-year agreement that does not contain reopeners for additional participants. The city would have to negotiate a separate contract that would leave them open to higher fees, lack of adequate reimbursement for first responder services, and an unlikelihood of any private contractor providing the level of service currently enjoyed by the City. Financial Considerations — Financial challenges are requiring City elected and administrative leadership to look for ways to control costs. Reducing payroll may be the only way to actually reduce costs. The public safety pension system and collective bargaining agreements compound the cost challenges being experienced. Later in the report we provide suggestions to accomplish this within the current delivery profile. Ability to Find EMS Personnel— There appears to be agreement among local constituents that it is difficult to find firefighters who want to provide paramedic ambulance service for more than a few years. The current collective bargaining agreement allows for an opt - out provision after six years. If the PAFD wants to continue providing full service EMS, changes must occur. We provide suggestions for these changes, many that must be approved via collective bargaining. Fortunately, some of these suggestions may not only improve patient care, but also be financially sound. Possibility of Future Voluntary Agreement— There would be definite benefit to Palo Alto and Santa Clara County reaching a voluntary agreement even if additional legislation cannot be enacted. In other LEMSAs throughout California, .201 rights are not as strictly interpreted, and LEMSA's have several cities or fire districts that retain their .201 rights with little incidence. We cannot help but note that Palo Alto being the last .201 rights service within the County has made it the final conquest for the Santa Clara LEMSA. While understandable, the City does not currently stand to benefit from a hostile takeover. That does not discount the possibility of the City and County reaching a voluntary agreement that will be a gain -gain for the citizens. The City and County should formulate a task force to determine if reaching a voluntary agreement is possible. The task force should consider the use of a professional mediator to help reach an agreement. Reaching mediated agreements allows parties to achieve self-determination, and a workable agreement. Relying on the legislature or the courts to make these decisions TriData Division, 25 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review FINAL REPORT compel parties to accept a win -lose decision that may not be functional. Legislative or court remedies often take much longer, cost much more, and have permanent consequences on relationships. Recommendation 5: The City should seek to enter a voluntary agreement with the County LEMSA that would protect their .201 rights while accomplishing County goals. The City and County should consider engaging a professional mediator to help reach agreement. TriData Division, 26 January 2012 (updated) System Planning Corporation City of Palo Alto FINAL REPORT Emergency Medical Services Review EMS RISK AND DEMAND The Risk and Demand section is an update from the initial TriData fire department study, and concentrates on EMS response. Some of the material from the initial report is included here to assist readers with understanding EMS risks.17 EMS Risks Palo Alto provides both medical first response (from engines) and ambulance transport. The medical service PAFD provides to citizens of Palo Alto is very important when dealing with time sensitive medical emergencies. Demand for emergency medical service varies greatly across the city, but it is fairly easy to predict which areas will have the highest EMS demand based on historical EMS incident densities, current population densities and expected population growth (which was covered earlier). This section reviews all of those inputs and makes an EMS risk determination for each planning area. Population Density— Population is an excellent but not exclusive predictor of EMS demand. Reductions in population do not necessarily correlate with reduction in EMS demand. For example, our Cincinnati study determined that between1990-2000, the population dropped by 10 percent. Surprisingly, during the same time period, the number of EMS calls increased by nine percent.18 The Center for Accreditation International (CFAI) Standards of Cover manual reports that one West Coast Metropolitan Fire Department found that the correlation between demand for EMS service and the number of people served was 0.9899. Demand did not go up quite as fast as population. In other cities we have studied, demand has risen faster than population. A graph of this correlation, taken from the Standards of Cover manual is shown below. 17 SPC/TriData. (2011). Fire services utilization and resource study: Palo Alto, CA. Arlington, VA: Author 18 SPC/TriData. (2006). Comprehensive Assessment of the City of Cincinnati Fire Department. VA: Author TriData Division, 27 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review FINAL REPORT Figure 3: Correlation between Population and EMS Calls for Service Study, 1980-2004 25,000 35.000 45,000 55,000 65.000 75.000 85¢00 With this correlation established, it is possible to look at a population density map of Palo Alto and predict which areas will have the highest EMS demand per capita. Figure 4 shows the population density map that was compiled by ESRI using United States Census data. TriData Division, 28 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review Figure 4: Population Density of Palo Alto, 2010 FINAL REPORT EMS Incident Density— Based on the Palo Alto population density map, a high number of the EMS incidents should be expected in the downtown area and on the University campus where there are the largest concentrations of residential population. Besides having large residential population densities, these two areas also attract a large number of commuters during business hours. We would also expect to see EMS hotspots in the eastern portion of Ventura neighborhood, the northwestern portion of Midtown, and the eastern portion of the Charleston TriData Division, 29 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review FINAL REPORT Meadows neighborhood where there are smaller areas of high population density. The actual number of EMS incidents by planning area is listed in the next section. We see in Figure 5 the EMS incident density map that the downtown areas have the highest number of EMS incidents and there are small hotspots along Alma Street. Despite a high population density, the Stanford Campus does not have high EMS demand probably because young students with limited chronic medical problems comprise most of the residential population in this area. TriData Division, 30 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review Figure 5: EMS Incident Density, 2007-2009 llr,pau ul 3+nto LI I111.11 Ut_ I Ire FINAL REPORT F f, fr, ,. ri LJh y LOS A It -D5 G 9 841 Art Hills ., * L rj xwr +w* EMS Incidents, 2047-2009 Palo A%o FF± SL rm d�y PcrA 4IZ EM Yeis bran J *.G U— iq er 7i9 - Z 5m Pes 0% an Z.5b1 - 5-Uv p m 6,501 - so -am W so W. aver C+an M-oom flrr TriData Division, 31 January 2012 (updated) System Planning Corporation City of Palo Alto FINAL REPORT Emergency Medical Services Review Public Health Issues— California Public Health Goals for 2010 targeted BLS availability to 100 percent of the population and ALS care to 85 percent. By 2002, almost 98 percent of the state population had access to EMS services.19 For many years, Palo Alto citizens have enjoyed universal access to EMS. Despite being relatively affluent suburban area, there are EMS challenges to consider. In Santa Clara County, at least 88 percent of people over 65 years of age have one chronic disease. In 2006, the following health facts were determined: • The cardiac death rate was 170.6 per 100,000 • 18.2 percent of adults over 65 had been diagnosed with diabetes • Lung cancer was the most common cause of death for men and women • Falls accounted for 129 deaths and 3,300 hospital admissions annually • 16.2 percent of adults over 65 years old reported at least one poor mental health day each week • Transition from hospital to home is a critical event that is improved by proper planning and monitoring • 16 percent of adult caregivers suffer a decline in health shortly after taking on care duties20 Certain demographic groups in the County were disproportionally affected by chronic illness. Hispanics had an asthma rate of 12 percent, higher than the proportional rates for whites, and Asians. By 2005, 8 percent of Hispanics, 8 percent or Asians and 6 percent of whites were diagnosed with diabetes compared to 14 percent of African Americans. African Americans were more likely to suffer from hypertension (36 percent). By the middle of the decade, the rates of Chlamydia, and Gonorrhea increased by close to 50 percent, while AIDS- related deaths were slightly lower than for the rest of California. Children are not immune from chronic diseases, with asthma rates growing among those under 15. African Americans and Native Americans are impacted at a greater rate than others. 21 Although many chronic disease issues are at epidemic level, Santa Clara County is fairing slightly better than other areas. It appears that public health efforts including those provided by EMS are positively affecting Palo Alto citizens. The identification of chronic disease is 19 DATA2010. (2002). Focus area I — Access to care. From: http://www.cdph.ca.gov/data/indicators/goals/Documents/Obj ective0111.pdf 20 Healthtrust. (2011). Facts and statistics. From: http://www.healthtrust.org/initiatives/aging/facts.php 21 2007 Community Health Assessment. (n.d.). Chronic diseases. From: http://www. appliedsurveyresearch. org/www/products/05 %20Chronic%20Disease.pdf TriData Division, 32 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review FINAL REPORT important because these are health care gaps that EMS may be able to positively intervene with. Refocus of efforts into community disease prevention and monitoring may further impact the positive results seen within the community. Data continues to identify traditionally underserved communities being adversely affected by chronic diseases. EMS should concentrate efforts in these communities. Recommendation 6: The PAFD should increase its participation in community health improvement, especially in areas that are traditionally underserved. EMS Demand EMS demand is more involved than the number of call responded to by Palo Alto units. An accurate demand assessment must include the total number of EMS incidents that occur within the jurisdiction`s area of responsibility. Table 1 showed that EMS demand between CY 2007-2010 was generally stable. Some years showed small decreases while other years show small increases. Table 1: EMS Demand CY 2007-2010 Calendar Year EMS Demand Change in Percent 2010 5306 -3.5% 2009 5497 -2.7% 2008 5647 +5.0% 2007 5377 N/A Figure 6 shows the forecasted EMS responses through 2015. We took the total EMS demand for 2007-2010 and used a forecast model to determine a more precise expectation for next five years. Readers should remember that current data collection methods are not completely accurate and small variations from actual numbers exist. A Holt Two -Staged Time Series Analysis showed that EMS demand in Palo Alto is stable and should remain so until 2015. There are opportunities to improve service efficiency by having greater flexibility to handle simultaneous calls. Also, mutual aid is received from the county between 400-600 times annually. Palo Alto does not provide reciprocal EMS mutual aid which concerns Santa Clara County LEMSA. While the EMS contract requires the contractor to work cooperatively with the City, the LEMSA has become concerned with the level of EMS mutual aid provided. Therefore, should Palo Alto become required to operate with less access to mutual aid, the City's EMS demand could increase by 7.5 percent to 11.3 percent. TriData Division, 33 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review 7000 6500 6000 5500 5000 4500 4000 3500 3000 Figure 6: Palo Alto EMS Demand Forecast Until 2015 0 1 2 3 4 5 6 7 8 9 10 2007-2015 EMS Workload Analysis FINAL REPORT —— Raw Data U Forecast In the fire department study, EMS incidents were only categorized as EMS and motor vehicle crashes. In this study we are providing more detailed categorizations, and looking at both emergency and non -emergency transports. Figure 7 shows medical incidents by incident type and by station first -due areas. Note that these are total calls and not call densities. Station 1 has by far the most demand for EMS service. Stations 2, 3, 4, 5 and 6 all have less than half of Station 1 `s calls. Stations 7 and 8 have almost no EMS demand. Much of this difference in EMS demand is driven by differences in population density and daytime worker density. Station 1 services the downtown area, which has both commercial areas (with daytime workers) and dense residential populations. Just by looking at this one figure, it is clear that you want to concentrate on providing very good EMS performance for Station 1 `s first -due area while maintaining good coverage and good performance for all other areas of the city. TriData Division, 34 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review FINAL REPORT Figure 7: Emergency Incidents by Incident Type and Planning Area, Jul 2009 -Jun 2010 Stat,on a EMS -MVA BLS Dowrg,ane Statron , - IntertadlIty Transport statron 5 _II Statron 6 Staten 2 Staten 3 Staten 4 Staten I 0 1000 2000 3000 4000 Number of Incidents Figure 8 shows us the workload for each ambulance that provided service within Palo Alto over last year. Medic 2, the only full-time ambulance, is located at Station 2 and has the highest workload with approximately 2300 annual unit hours. Medic 1 is located at Station 1, but is only staffed during daytime hours.22 Medic 1 is used only as a second -due ambulance, meaning that only if Medic 2 is already busy is Medic 1 dispatched. Despite being the second dispatched unit and only running during daytime hours, it still sees approximately 1300 annual unit hours. BLS 1 is also a part-time ambulance and is typically not dispatched on medical emergencies (which are all dispatched at ALS level). BLS 1 typically only handles inter -facility transports and calls that have been downgraded to a BLS transport by first responders or an ALS ambulance. BLS 1 sees approximately 700 hours of work annually. The least busy Palo Alto ambulance is Medic 3, a cross -staffed unit using the crew of Engine 1. It is only used if all other Palo Alto ambulances are busy (and the crew from Engine 1 is able to respond). 22 After the TriData initial study was released, the full time medic unit was transferred from Station 2 to Station 1. This was an appropriate decision, providing for better efficiency. Medic 2 has become the second due ambulance. TriData Division, 35 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review FINAL REPORT When no Palo Alto ambulances are available to respond, AMR provided service. AMR provided approximately 200 unit hours of service per year.23 Since RMA became the contract provider for the Santa Clara EOA, there is anecdotal information showing an increase in mutual aid responses and transports. We expect that data from RMA should be available by November of 2011. Figure 8: W( irKioaa (unit Hours 2500 unit and inciaent i voe. Jul zu 2000 SD j 1500 O 2 1000 500 _ih__ 0 Q m EMS — Interfacility Transport — Other BLS Downgrade - MVA )9 -Jun 2010 Table 2 shows the number of patient transports in relationship to the number of responses for each of the ambulances and Table 3 shows their respective ER turnaround times. For all of the Palo Alto ambulances, 60 percent of ambulance arrivals at scene result in a patient transport. Somewhat unusual is the number of AMR transports. Our records show only seven AMR unit records with a hospital arrival time, but this may be because AMR uses a different dispatch and time logging system. Updated records from Santa Clara County showed 294 transports performed by AMR. 23 Effective July 1, 2011, Rural Metro of California became the contract provider for the Santa Clara County LEMSA EOA. TriData Division, 36 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review FINAL REPORT Table 2: Ambulance Responses, Arrivals, and Transports, Jul 2009 -Jun 2010 Unit Responses Arrivals Transports Percent Transported AMR 442 350 294 66.5 BLS1 613 552 361 65.4 Ml 1374 1196 764 63.9 M2 2682 2279 1444 63.4 M3 241 196 140 71.4 (all) 5352 4573 3003 66.1 When looking at ER turnaround times we see that for all ambulances, most turnarounds take longer than 30 minutes, and only a small percentage take longer than 60 minutes. This appears to be a very reasonable turnaround profile. Table 3: ER Turnaround Times, Jul 2009 -Jun 2010 Unit Total ER Turnarounds Over 30 Min. Turnarounds Over 60 Min Turnarounds AMR1 5 0 0 AMR 2 1 0 0 AMR 3 1 0 0 BLS1 359 244 67 M1 758 627 148 M2 1,426 1,064 199 M3 139 63 11 EMS Response Time Analysis Our previous study identified the 90th percentile reflex response time for PAFD first responder units is seven minutes and 33 seconds. In Table 4, we show total response time by unit type. When looking at 90th percentile response times, we see that Palo Alto ambulances arrive in eight minutes and 5 seconds, Palo Alto ALS ambulances arrived in nine minutes and 55 seconds. Table 4: Total Reflex Time (First Arriving Unit) by Unit Type, Jul 2009 -Jun 2010 Unit Average 80th Percentile 90t" Percentile Responses Ml 6:51 8:34 10:34 1,172 M2 8:17 10:05 11:41 2,255 M3 9:22 11:22 12:50 193 (all) 7:53 9:55 11:31 3,620 Because we are looking for the optimal location for ambulances in Palo Alto, we looked at the differences in ambulance response times for the different first -due areas. In Table 5 we can see that across-the-board the 90th percentile times are fairly similar with the exception of the Station 7 first -due area. Although average and 80th percentile times were somewhat better for Station 1, Station 2`s first -due area, it turns out that almost all of Palo Alto has a 90th percentile TriData Division, 37 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review FINAL REPORT ALS ambulance arrival time of 12 to 13 minutes. Only station seven had a longer time of 14 minutes and 30 seconds.24 Table 5: Total Reflex Time (First Arriving ALS Ambulance) by First Due Area, Jul 2009 -Jun 201025 Average 80th Percentile 90th Percentile Station 1 7:24 9:28 11:10 Station 2 7:04 8:42 12:21 Station 3 8:57 11:10 12:53 Station 4 9:12 10:48 12:12 Station 5 8:33 10:15 12:00 Station 6 8:50 10:44 12:56 Station 7 9:45 10:33 14:29 (all) 8:06 10:10 12:02 AMR Responses Analysis In this section, we looked at whether there was a pattern to when AMR was needed to respond. Figure 9 and Figure 10 show AMR responses by time of day and day of the week (night and day). It appears that the majority of AMR responses occur from 8:00am to 9:00pm and that generally there are far fewer AMR responses during the nighttime hours. The exception is Friday and Saturday nights where there are significantly more AMR responses than on any other night. 24 Just before publication of this report, Palo Alto Fire Department announced the upcoming closing of Station 7 due to changes in coverage areas. 25 Table 5 refers to either Medic 1, Medic 2, and Medic 3 response times into the specific station first due area. TriData Division, 38 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review Figure 9: EMS Incidents with AMR Response by Hour of the Day, Jul 2009 -Jun 2010 0 0 00 02 04 06 08 10 12 14 16 18 20 22 Hour of the Day Figure 10: EMS Incidents with AMR Response by Day of the Week and Day/Night, Jul 2009 -Jun 2010 100 8 80 cII I 60 II I III 40 liii liii 20 ]W O ea tp m inn' • N R R 0 m •o' 2, 2, O rn O rn a' C, T a m C 2 2 D ca m m m c = p ran N FINAL REPORT Current Deployment Configuration and Coverage Figure 11 and Figure 12 show the areas covered from their home stations during daytime hours (Station 1 and Station 2) and nighttime hours (Station 1 only). We used a 7 -minute drive time for this map because the Commission on the Accreditation Ambulance Services (CAAS) TriData Division, 39 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review FINAL REPORT standard is 8:59 for transport ambulance arrival at an EMS incident. Using 7 -minute travel time allows for 1 -minute call -processing and 1 -minute turnout. These maps show that within the Palo Alto and Stanford jurisdictional boundaries, there is not much of a difference in coverage between daytime and nighttime hours. Having the second ambulance at Station 1 during day provides additional 7 -minute travel coverage northeast and southwest of Station 1. The real importance of having a unit at Station 1 is that this is the area of highest EMS demand. The location of Medic 2 at Station 2 during the day is also good because it provides the best citywide coverage while also providing a second ambulance that can reach the high EMS demand area around Station 1 in a reasonable time. During the nighttime hours, coverage remains about the same, but there is no longer overlap of coverage for the high -demand Station 1 area. Although Medic 2 could be posted somewhere slightly more centrally in Palo Alto, Station 2 is the best station for this unit because it provides the best station from which to reach all parts of the city. Figure 11: Current Daytime Ambulance Coverage (7 -minute drive time) TriData Division, 40 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review LDW/10 t1i 04 11.41 Figure 12: Current Nighttime Ambulance Coverage (7 -minute drive time) EMS Incident Densities and Peak Load Units Analysis Figure 13 to Figure 26 show EMS incident densities for each day of the week by daytime hours (7:00am-7:00pm), and nighttime hours (7:00pm-7:00am the following day). During daytime hours, most EMS demand is located around Station 1, stretching northeast along University Avenue from El Camino Real to Middlefield Road and southeast along Alma Street to Embarcadero Road. There are also some smaller, but consistent hotspots located at the Stanford Hospital, the intersection of El Camino Real and Page Mill Road and the intersection of El Camino Real and Driscoll Place, close to the Alto Commons (rest home). There is no notable decrease in EMS demand for the typical daytime hotspots on weekends ... the area around Station 1 has almost as much of an EMS hotspot on a weekend than on a weekday when you would expect higher demand because of commuters. Medic 1, which operates during daytime hours, is perfectly placed right in the middle of the area of high EMS demand. All of these hotspots are well covered during the day with both Medic 1 and Medic 2 being able to reach both the big hotspot around Station 1 and the smaller hotspot at El Camino Real and Page Mill Road within 7 minutes. Medic 2 provides generally good coverage for city and is able to reach the smaller hotspot at El Camino Real and Driscoll Place. TriData Division, 41 January 2012 (updated) System Planning Corporation City of Palo Alto FINAL REPORT Emergency Medical Services Review None of the Palo Alto ambulances are well placed for providing fast response times to the far north or northeast portions of the city. Having the cross -staffed Medic 3 (at least during daytime hours) seems to make sense because this is the major EMS hotspot, but it is not a very centrally located position so if all ambulances are busy and there is an EMS call outside of the Station 1 area, it could be a long response (especially to the northeast). Recommendation 7: Relocate the cross -staffed Medic 3 to Station 3 where it can provide better citywide coverage while still providing good response times to the high -demand Station 1 area. With one exception, Nighttime EMS demand follows almost the same pattern as daytime EMS demand, but at a lower intensity. The nighttime EMS hotspot is still located around Station 1 with smaller hotspots (on some nights) in the same intersections of El Caminio Real and Page Mill Road and El Camino Real and Discoll Place. The big difference with daytime demand is the significant hotspot that opens up on the Stanford campus on Friday and Saturday nights. This unique hotspot may benefit from a peak -load unit. During the nighttime hours there was only one staffed ambulance (Medic 2) which was located at Station 2. This is the best ambulance placement for providing city-wide coverage, but is not optimally located for the area of highest EMS demand around Station 1 (as opposed to the daytime ambulance layout which provides an ambulance right in the high -demand downtown area and another ambulance that provides good citywide coverage).26 Because RMA is only dispatched when all Palo Alto ambulances are busy, looking at patterns in AMR responses by day of the week and day/night provides some insight into time periods that could benefit from an additional ambulance. Most of the overnight hours will have few RMA responses except for Friday and Saturday nights, which had significantly higher RMA responses. Recommendation 8: Operate Medic 2 full-time because of the additional EMS workload that occurs on the Stanford Campus and downtown. 26 The dedicated night medic unit is now at Station 1. TriData Division, 42 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review Figure 13: Monday Day EMS Incident Density FINAL REPORT Figure 14: Monday Night EMS Incident Density TriData Division, 43 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review Figure 15: Tuesday Day EMS Incident Density FINAL REPORT Figure 16: Tuesday Night EMS Incident Density TriData Division, 44 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review Figure 17: Wednesday Day EMS Incident Density FINAL REPORT Figure 18: Wednesday Night EMS Incident Density TriData Division, 45 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review Figure 19: Thursday Day EMS Incident Density FINAL REPORT Figure 20: Thursday Night EMS Incident Density TriData Division, 46 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review Figure 21: Friday Day EMS Incident Density FINAL REPORT Figure 22: Friday Night EMS Incident Density TriData Division, 47 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review Figure 23: Saturday Day EMS Incident Density FINAL REPORT Figure 24: Saturday Night EMS Incident Density TriData Division, 48 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review Figure 25: Sunday Day EMS Incident Density FINAL REPORT Figure 26: Sunday Night EMS Incident Density TriData Division, 49 January 2012 (updated) System Planning Corporation City of Palo Alto FINAL REPORT Emergency Medical Services Review EMS Operations EMS operations are part of the emergency operations division and are overseen by the deputy chief of operations. The operations battalion chiefs and company officers supervise daily EMS operations, while the EMS Coordinator is responsible for all administrative function. The EMS Coordinator is the direct overseer of almost all EMS matters. Emergency Response- The previous chapters detailed the EMS response patterns in Palo Alto. To enhance the efficiency and effectiveness of response, the City should consider make the following changes. • Stricter adherence to medical priority dispatch may reduce the number of first responder calls for fire equipment. Although EMS dispatch is not officially part of the study scope, its effect on the EMS system is undeniable, and we offer this suggestion. • Reduce medic unit staffing from two paramedics to one paramedic and one EMT. A second paramedic is quickly available on fire apparatus to assist in the low percentage of life -threatening emergencies. • Staff a full-time paramedic ambulance at Stations 1 and 2. Cross -staff Station 3 with an engine and paramedic ambulance using a -first call first" policy. The third unit could be a BLS unit staffed by two EMTs except that by running a BLS ambulance opens the door for challenges to .201 rights claiming reduced levels of service. • Discontinue providing non -emergency ambulance transfers and eliminate the non - sworn staffed BLS ambulance. We address the issues behind each of these suggestions below. EMS Dispatch: EMS dispatch is part of a combined 911 service that is managed by the PAPD. To better identify the impact of current dispatch practices on EMS response merits a formal evaluation of the 911 PSAP efficiency, fire and EMS dispatch, and the medical priority dispatch program that were outside the scope of this study. This may be worthwhile because savings and effectiveness doesn't always require additional people or equipment. If better efficiency saves 30 seconds to one minute at the 911 center, it may prevent the need to hire additional responders. Recommendation 9: Consider conducting a formal evaluation of the City 911 Center with emphasis on call processing efficiency, dispatch efficiency, and medical priority dispatch compliance. Realign Medic Staffing to One Paramedic and One EMT: There is an ongoing controversy nationally as well as locally one the need for two paramedics or one paramedic and an EMT on each paramedic ambulance. Many paramedics and medical directors like the two TriData Division, 50 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review FINAL REPORT paramedic system because they believe it provides better patient care. Unfortunately, these beliefs have not been quantified. A study in Melbourne, Australia revealed that a mixed PM/EMT crew had no difference in skill success rates and slightly shorter on -scene times than a two PM crew. The two PM crew accomplished more ALS procedures than the paramedic/EMT- B crew. This study can only be viewed as an indicator because it was not large enough to make significant conclusions.27 Unions in New York and Chicago fought the reduction of two paramedics to one paramedic and one EMT, but were unable to offer concrete evidence to support their concerns. There are several options to consider regarding the one or two paramedic requirement. There is general agreement that many paramedic -level calls can be successfully managed with one paramedic and one EMT. There are probably a small number of paramedic patients who could benefit from having a second ALS provider on -scene. The challenge is to provide the best levels of care within human resources and financial means. Larger ALS systems could modify their response profiles for field transport units with one paramedic and one EMT and have a district supervisor vehicle available for high-level emergencies. Palo Alto provides the second paramedic on first responder units. There is a saturation point where too many paramedics are in the system for them each to practice and maintain medical skills like intubation. Some public safety agencies believe that everyone should be a paramedic. Evidence is beginning to show that too many is as bad as too few. It is better to have a smaller cadre of professionals that are well trained than trying to train everyone.28 In summary, there are several advantages to changing the delivery model on ambulances to one paramedic and one EMT. • The same number of units can be staffed with fewer paramedics. • A smaller number of paramedics will allow them to develop and maintain the skill expertise needed to provide effective care. • As decision making and interventions continue to increase in complexity, the medical director should become more confident in the providers and less reluctant to add to the EMS scope of service/practice. • The EMS system will have several choices in how to supplement care. 27 Ludwig, G. (2005). How many paramedics does it take to... EMS Responder, [Online Version], November 1, 2005, http://www.emsresponder.com/print/Firehouse-Magazine--EMS-Features. 28 Davis, R. (2006). Fewer paramedics means more lives saved. USA Today, May 21, 2006. Available: [Online.]. http://www.usatoday.com/news/health/2006-05-21-paramedics_x.htm. TriData Division, 51 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review FINAL REPORT • There is little evidence that supports having two paramedics instead of one providing paramedic skills. The EMS system can no longer afford to operate on assumptions that lack data. When a second paramedic is needed, the paramedic on the Palo Alto engine company can assist. This is an excellent reason to assure that each engine is continuously staffed with a paramedic. • It currently takes eight to ten paramedics on duty to staff one full-time paramedic ambulance, one 12 -hour ambulance and six paramedic first response vehicles. Requiring only one paramedic on each ambulance will allow the department to staff two full-time paramedic, one crossed -staffed paramedic unit, and six first responder paramedic units with eight paramedics.29 There will be significant financial savings (discussed in a later section ) • A disadvantage of reducing paramedics is that there will be fewer paramedics available for a major disaster like an earthquake; that should be considered in the decision. The city will have to rely more on outside resources. But for a large scale event, the relatively small number of extra paramedics will not be large enough to stand on its own anyhow. Recommendation 10: Adjust paramedic ambulance staffing from two paramedics to one paramedic and one EMT. The claim that there is a shortage of paramedics is only partially true. While there may be difficulty in attracting and keeping paramedics, part of the alleged shortage may be due to unrealistic staffing levels. Beginning this year, states will be starting to implement the new National EMS Scope of Practice that designates four levels of EMS provider. • Emergency Medical Responder (EMR) will replace the current first responder. • Emergency Medical Technician (EMT) will replace the current Emergency Medical Technician -Basic (EMT -B). Training requirements will increase to approximately 165 hours and include additional training in anatomy and physiology. • Advanced Emergency Medical Technician (AEMT) will replace Emergency Medical Technician - Intermediate (EMT -I) [85, and 99] • Paramedic will replace Emergency Medical Technician — Paramedic (EMT -P) effective in 2013, to be eligible to be certified as a Paramedic by the National Registry of EMTs, the candidate will be required to complete an accredited training program affiliated with a University or Community College. 29 We have already excluded Engine 7. TriData Division, 52 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review FINAL REPORT While some states are moving quickly to adopt the new scope of practice model, others will take longer. Implementing the new scope of practice will be challenging, but will encourage EMS systems to reexamine what levels of provider to use and how many are needed. Increase the Number ofParamedic Ambulances — Currently, the Palo Alto Fire Department staffs one full-time paramedic ambulance, one part-time (12 -hour) paramedic ambulance that is available as a back-up unit at night. The Risk and Demand section described the current EMS hotspots and high demand times. The obligation to provide EMS to the Stanford University area creates an uncommon surge on Friday nights, and Saturday. To properly cover demand, we suggest that a second, full-time paramedic ambulance, and a third cross -staffed paramedic ambulance be added. These additional ambulances will be able cover current demand, reduce reliance on mutual aid, and allow the department to rededicate its efforts to emergency services. The full- time paramedic ambulances would be assigned to Stations 1 and 2, and the crossed -staffed ambulance to Station 3. Financial implications will be discussed below. Recommendation 11: Reconfigure the EMS delivery model to include a full-time paramedic ambulance at Stations 1 and 2, and a cross -staffed ambulance at Station 3. Eliminate the BLS Ambulance - It is the right time for the PAFD to refocus its mission to the exclusive position of emergency services. The part-time BLS ambulance provides inter - facility transportation and emergency downgrades after paramedic assessment. A selling point for the program was to provide services using less costly non -sworn employees. While this is occurring, the effectiveness of the program is limited due to .201 rights issues, labor-management contracts, and the needs of the community. Specific reasons for eliminating the BLS program include: • In FY2010, the BLS unit performed only 182 non -emergency transfers, and 442 non - emergency downgrades. • Part-time BLS employees are restricted to 960 hours of work annually. This represents an FTE level of .3-.45 depending on the work schedule. All hours over 40 worked by single role EMTs must be paid at time and one-half, while cross -trained firefighters can work up to 53 hours without overtime. • Although difficult to quantify, the BLS program takes up a considerable amount of the EMS Coordinator's time. Redirection of the department mission will allow the EMS Coordinator to concentrate on EMS delivery. • The commercial ambulance community is well prepared to handle the non -emergency transport demands for the City. By discontinuing non -emergency EMS transfers, the City will enhance its public/private partnership. Reassignment of non -emergency TriData Division, 53 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review FINAL REPORT transfers to commercial providers will allow local business to access approximately $82,000 in additional business. While not a tremendous sum, it will likely assist one or two commercial ambulance companies during economic hardship. Recommendation 12: Discontinue providing the part-time BLS ambulance service and discontinue hiring part-time EMTs. EMS Human Resources This section will explain suggested human resources changes that will enhance EMS delivery and improve patient care. EMS oversight at the deputy chief level is adequate and will likely improve when senior management positions are filled. Day-to-day supervision of personnel assigned to field units should continue to be provided by station officers. EMS Coordinator— The EMS Coordinator is a non -sworn management position, staffed by an EMS professional with significant EMS management, clinical, and training experience. She performs a wide range of administrative duties and supervises the BLS non -emergency transport program. Palo Alto has two job descriptions for EMS leadership, the current EMS coordinator and a position for a uniformed EMS chief officer. These job descriptions are identical except for oversight of EMS field operations and responsibilities involving the incident command system (ICS). Currently, the EMS Coordinator position performs every duty except for field supervision.30 31 The above situation has created an artificial barrier to efficient oversight of EMS. Some believe that line authority is inappropriate for a person who did not enter as a firefighter and work their way through the ranks. Others believe that labor would negatively react to an EMS Coordinator being given line authority. We understand that giving the EMS Coordinator line authority would cause some contention, but not to the scale feared by some. There are also many safeguards in the system to reduce the possibility of untoward outcomes that could theoretically occur. • The EMS chief officer would operate under the department ICS, being assigned to roles by the incident commander. In most cases, this would include medical group supervisor, or safety officer. • The EMS chief officer`s duties would still be primarily administrative. Field response would occur during large scale events or special circumstances. This is becoming true for most chief officers, even those with primary operational responsibilities. 30 City of Palo Alto. (1999). Classification specification: Chief officer emergency operations. From: http://www.cityofpaloalto.org/customlhrdlClass Spec.asp?id=251 31 City of Palo Alto. (n.d.). Classification specification: EMS Co-Ordinator (sic). From: http://www.city of paloalsto.org/customlhrd/Class_Spec.asp?id=3 11 TriData Division, 54 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review FINAL REPORT • By having a chief officer with special skills, an incident commander could assign suppression chiefs to roles more appropriate to their positions. • The separate classification of EMS Chief could be configured so that either a sworn or non -sworn employee could be promoted or hired into the position. Recommendation 13: Reallocate the position of EMS Coordinator to EMS Chief and promote the current EMS Coordinator to that position. Another alternative could be to upgrade the current Captain of fire training to Battalion Chief and reallocate the EMS Coordinator position to Captain. This is clearly the second best choice and there is no economic difference between either decision. The EMS Coordinator and the Training Captain have comparable salaries, and promotion of someone from either position would cost an additional $20K - $40K. EMS Coordinator Functional Responsibilities — We attempted to measure where the EMS Coordinator spent most of her time to determine how the position contributes to overall EMS operations, what gaps may exist, and where additional assistance may be needed. It was difficult to determine exactly how much time was dedicated to specific activities. We took a sample from the EMS Coordinator's daily log and placed the number of hours into one of eight areas. These areas are not mutually exclusive, and significant overlap existed. We then calculate the percentage of time spent in each area. Table 6 shows the time breakdown. Table 6: Time Distribution of EMS Coordinators Duties32 EMS Coordinator Duties Percentage of Time Representing the department at outside meetings 20% Education and training within the department 18% Health and Safety 17% General Administrative Duties 12% Billing 4% Quality Management 14% Logistics 5% Information Technology 9% Representing the Department at Outside Meetings: Almost 20 percent of the EMS Coordinator's time was spent on outside meetings. This is essential because a City representative must maintain a presence in County and State EMS leadership. Outside meetings include County quality management, EMS -Hospital quality management meetings, protocol committee meetings, IT design meetings, and processes. A loss of influence could cause rules and procedures to be made with no input, leading to an actual increase in costs. 32 Based on a convenience sample analysis of the EMS Coordinator's daily log. TriData Division, 55 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review FINAL REPORT Educations and Training: This includes teaching continuing education programs, IT training, remedial education, case review, and company level training. Health and Safety: A significant amount of time is dedicated to health and safety, including infection control, investigation, EMS provider safety programs, vaccination programs, and employee welfare. General Administrative Duties: These duties include electronic communications, customer communications, and other non-specific duties. Billing: The EMS Coordinator is involved with the oversight of the billing program, and handling customer complaints. The number is likely deflated because a billing clerk handles much of the paperwork and customer contact. The EMS Coordinator is the main liaison with City Administrative Services, and medical billing contractors. Quality Management: Significant time is spent reviewing operational and clinical data. California has taken the lead in EMS quality management and requires specific procedures, data collection, provider case review, analysis and reporting. A significant portion of outside meetings also involve meeting with EMS constituents on quality matters. Logistics: Supply chain management, documentation, product specification, and controlled substance management are another part of the EMS Coordinator's duties and responsibilities. Controlled substance logs and procedures are federal and state mandates that carry strict criminal and administrative sanctions if violated. Information Technology: Considerable time is spent coordinating hardware and software specification, purchase, programming, troubleshooting, and maintenance. Palo Alto is ahead of most EMS services in automation and system integration. Changes in EMS education delivery, greater quality management mandates, systems analysis, and financial oversight will require more contact hours with information technology. There is a 0.3 FTE information specialist assigned to the EMS Coordinator to assist with IT functions. We believe that the best way to solve the obvious work overload of the EMS Coordinator is a combination of additional assistance and reassignment of duties. Currently, the EMS Coordinator has one .3 - .45 FTE data analyst and a .3 FTE administrative assistant who has other duties. The data analyst primarily collects and analyzes data involving EMS reports, information technology, and similar subjects. The data analyst is a non -uniformed position and should stay that way. The increased reliance on technology and quality management easily justifies this position being reallocated to 1.0 FTE. Additional duties and responsibilities could include: • Primary responsibility for billing issues including liaison with the City Administrative Services Division, and the contracted billing company. TriData Division, 56 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review FINAL REPORT • Liaison with the 911 Communications Center with the primary job of Medical Priority Dispatch Quality Management • Primary responsibility for all EMS data management and reporting Recommendation 14: Reallocate the part-time EMS Data Specialist to a fu111.0 FTE position. The Administrative Associate II can likely stay at .3 since duties concerning the BLS unit and staff would be eliminated. This person's duties would primarily involve assisting the EMS Coordinator and Data Analyst. The duties of this employee include: ambulance billing administration, paying department EMS bills, administrative duties concerning EMS continuing education, and other filing duties. Changes for the EMS Coordinator— If the department decides to promote the EMS Coordinator to EMS Chief, it should support the transition into the chief officer role. Perhaps the most difficult challenge will be to delegate some of the technical work in favor of spending more time on the adaptive challenges associated with senior management. There are several short and long term investments available for minimal cost. The National Fire Academy is continuing to update the EMS Management Curriculum. In the short-term, new training programs include: • EMS Incident Operations — a six -day resident program that examines the EMS portion of NIMS • EMS Quality Management — a six -day resident program that explores the academic and practical implementation of EMS Quality Management procedures. The department should also support the EMS Coordinator to get into the Executive Fire Officer Program (EFOP) at the National Fire Academy. It is a four year program that requires the completion of four two week residency programs, followed by an applied research project after each course.33 These programs are available at minimal cost and do not require backfill for the position. Recommendation 15: Assist the EMS Coordinator in transitioning to a chief EMS officer by supporting attendance at select National Fire Academy Programs. The EMS Coordinator position should also change focus from technical competency to solving adaptive strategic challenges. More time should shift toward system planning, oversight, and evaluation. Lack of succession planning is also a shortfall. The EMS Coordinator should begin to identify potential future EMS leaders, involving them with EMS assignments of different complexity. The project management recommendation made in our initial study may be appropriate here.34 33 Further information on National Fire Academy Programs can be found at http://www.usfa.gov 34 SPC/TriData. (2011). Field services utilization and resources study. Arlington, VA: SPC/TriData TriData Division, 57 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review FINAL REPORT Another important matter concerns succession planning and the training of new EMS leadership. The EMS Coordinator should begin to identify those who exhibit interest in and potential to provide future EMS leadership. There are likely current EMS providers that are looking for opportunities to promote to EMS leadership positions but only see limited opportunity. Recommendation 16: The EMS Coordinator should begin to identify potential future EMS leaders and begin involving them in EMS leadership. EMS Providers— Throughout our visit to Palo Alto we were advised by management and line personnel that there were difficulties in keeping licensed paramedics as long-term providers. Each licensed paramedic who has been approved by Santa Clara County to function is placed in one of two functional statuses. During our assessment, we met with officials from IAFF Local 1319 who were open-minded about the possibilities concerning the future of EMS. • Current: This provider staffs both paramedic ambulances and paramedic engines as a full provider. • Reserve: This provider, after completing at least six years of service as a current paramedic, can be placed into a status where they provide care on paramedic engines, but are not assigned to a paramedic ambulance unless there is no choice. We question the logic in allowing paramedics to opt out of functional status. Paramedics should be either licensed with full functional privileges or not granted any functional privileges. Our earlier recommendations will allow the department to make some modifications that should encourage paramedics to continue providing care. One Paramedic on the Paramedic Ambulance — By reducing the minimum staffing level on paramedic ambulances from two to one paramedic, several options become available. Each paramedic ambulance and paramedic engine will have a paramedic staffing the unit. During the 24 -hour shifts, paramedics could rotate from the ambulance to the engine company at the 12 - hour mark. Paramedics assigned to engine companies at non -paramedic ambulance houses could still rotate to a paramedic ambulance. Recommendation 17: Allow paramedics working a paramedic ambulance to rotate onto a paramedic engine at the 12 -hour mark. Management and labor should develop a rotation schedule that assures all paramedics rotate to the paramedic ambulance. Distinct Territory for Medic 1 and Medic 2— During evening and night time hours, Medic 1 is the primary responding ambulance, while Medic 2 responds only if Medic 1 is unavailable. If the department decides to staff Medic 1 and Medic 2 on a 24/7 basis, each unit should be assigned a specific district with the closest unit being dispatched. This reduces the likelihood of paramedics on Medic 1 from being awake all night, while Medic 2 does not respond, even to calls closest to their station. TriData Division, 58 January 2012 (updated) System Planning Corporation City of Palo Alto FINAL REPORT Emergency Medical Services Review Recommendation 18: When Medic 1 and Medic 2 are 24/7 units, each unit should have a distinct district and operate under closest unit response. Eliminate or Increase Restriction on "Reserve" Status — As explained earlier, after six years of providing service, paramedics may opt -out of paramedic ambulance rotation. Most paramedics that opt out have at least l0years of service. There is no logic to this. Paramedics should provide full -service or renounce their license, with a commensurate reduction in pay. If the department is unable to negotiate complete elimination of the -feserve" status rules, no one with less than 20 years of paramedic service should be granted reserve status. The reserve status allows personnel to keep their paramedic license but only work the medic unit as a last resort. —Reserve status" allows the employee instead of management determine the conditions of work and is contrary to the practice of licensure and functional privileges. Also, other recommendations that will spread the nighttime response load may keep some paramedics active for longer time periods. Recommendation 19: Eliminate or significantly restrict paramedic reserve" status. The "Y"Rating— The current labor agreement allows some paramedics who decide to drop their paramedic license to keep their pay level. This practice should not continue. All paramedics must be willing to provide service on a paramedic ambulance or first responder unit. EMS Provider Staffing Factor— Based on the suggested EMS delivery model, the following staffing factor was calculated. The factor is based on continuing the current dual role/cross-trained firefighter paramedic model, working a 56 hour average week. The staffing model will include staffing of two paramedic ambulances, and six EMS engines with one paramedic, on a full-time basis. Table 7 indicates a paramedic staffing factor of 3.49 per position. Since eight paramedics are needed per shift, a total of 28 paramedics are needed to staff two paramedic ambulances and six paramedic engines. Table 7: Paramedic Staffing Factor Data and Calculation Total Hours Per Day 24 Days Per Year 365 Hours Per Year 8,760 Potential Employee Hours per Year 2,914 Average Time Away From Position 405 Actual Hours per year/employee 2,509 Employees per Position (Staffing Factor) 3.49 Paramedic positions Needed Per Shift 8 Total Paramedics Needed 28 TriData Division, 59 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review FINAL REPORT The above model assumes that all firefighters will be certified as EMTs and will rotate to the EMT position on the paramedic ambulance. All EMTs receive a three percent stipend for carrying EMT certification. This should only be paid to those who staff a regular rotation on the paramedic ambulance. Non -sworn EMS positions — If enough firefighters do not maintain paramedic licensure, the City could choose to hire full-time, non -sworn paramedics and EMTs. These employees would be single role providers, not part of the state fire pension system, and must be compensated at time and one-half after 40 hours per week. The City human resources agency would determine what salary scale these providers would be on, with some matters likely handled through negotiation. We believe that hiring non -sworn EMS personnel is second best, but may become necessary. Each paramedic would be hired, provided an orientation, and assigned to a paramedic ambulance. If the employee completes basic fire training, they may be given priority to fill a vacant firefighter position. According to the Journal of Emergency Medical Services 2010 Salary and Workplace Survey, the mean salary for a paramedic is the Western U.S. is $63,700 plus benefits, which is well below a firefighter paramedic salary.35 Locally, Rural Metro Ambulance offers a comparable compensation package. Recommendation 20: If the PAFD is unable to hire enough firefighter paramedics or EMTs, consider hiring non -sworn paramedics and EMTs. EMS Education and Training The PAFD has an excellent mentoring and EMS continuing education program. Most continuing education is done in-house, with the training captain and EMS coordinator working closely to assure all core and elective requirements are completed. Mentoring— The PAFD has an excellent mentoring program that requires a new paramedic to develop clinical judgment, assessment skills, intervention skills, and communications skills prior to being allowed to operate as the lead paramedic. The department has adopted a two -phased approach to mentoring, including a minimum 72 hour field orientation (12 shifts are recommended), and a comprehensive skills evaluation. Phase I involves the in -field mentoring program where the new paramedic works directly with a specially trained experienced paramedic. Extensive documentation is required, will all assessment and skill reports being countersigned by the mentor. Upon completion of all objectives, and recommendation of the senior paramedic, all documentation is forwarded to the EMS Coordinator for review and 35 JEMS. (2011). JEMS 2011 salary and workplace survey. Journal of Emergency Medical Services, October 2011, 42-44 TriData Division, 60 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review FINAL REPORT approval.36 The EMS Coordinator and Operations Deputy Chief must award final approval before information is forwarded to the Santa Clara LEMSA for official accreditation. Continuing Education — The department provides extensive continuing education for paramedics and EMTs to meet recertification requirements. Table 8 is a summary of the EMS continuing education program hours offered between 2007 and 2010. The number of hours has decreased since 2007. Table 8: EMS Continuing Education Program Hours 2007-2010 Year CE Courses 2007 210 2008 142 2009 101 2010 77 Providing multiple level continuing education programs is difficult for even a small department to accomplish. During challenging economic times, training is often one of the first programs cut. Instructors are often reassigned to operational positions, overtime pay for instructors is reduced, and operational unit are put out of service to use instructors assigned to these units. The PAFD does not use a formal learning management system that includes access to approved EMS continuing education. This includes computer -based training, video streaming, synchronous or asynchronous programs, many of which are approved by the Continuing Education Coordinating Board for Emergency Medical Services (CECBEMS).37 A learning management system will save time and money by reducing instructor on -platform time, ability to concentrate on -platform time with practical skills training, allow learners to work at their own pace, reduce duplication of lesson planning, and provide validated evaluations to insure didactic material comprehension. Recommendation 21: Investigate the feasibility of adopting an electronic learning management system to add additional venues for EMS training. Quality Management Most EMS systems are relative newcomers to the world of quality management. While EMS has discussed the subject for three decades, many communities have been unable to operationalize the concept. California is arguably ahead of much of the nation is recognizing the need for and operationalizing an integrated program. In the early 1990`s, the Long Beach, CA Fire Department was one of the first fire departments to formally link their quality management 36 Roderick, K. (2009, December). Paramedic training: Field orientation and evaluation guide [Revised]. Unpublished internal document. 37 The department has started to use some on-line training technologies. TriData Division, 61 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review FINAL REPORT process to their education and operations plan.38 One of the strengths of the California LEMSA concept was the requirement to integrate quality management plans between EMS and emergency departments. State law requires the California EMS Authority to provide the state legislature with an annual effectiveness report.39 The Santa Clara LEMS and the PAFD have developed a comprehensive quality management program that produces outcome data and many levels. They were early leaders in quantifying clinical effectiveness of the prehospital management of ST Elevation in Myocardial Infarction (STEMI), stroke, and trauma. For example, the PAFD has been able to quantify the benefits of their STEMI program to patient care and hospital quality management processes. Figure 27 describes the median door- to -balloon time for STEMI patients treated by PAFD paramedics. Outcome studies have shown that the quicker a patient having a heart attack is taken to a cardiac catheterization lab, the better the patient`s chance of survival and the ability to reverse the heart attack. The PAFD and Stanford University Hospital quantified two years of STEMI data and found. • In 2010, the median door to balloon time for patients that had a prehospital ECG was 10 minutes (8.48 percent) faster than the patient with the patient without the prehospital ECG (walk-ins). By July of 2011, the prehospital ECG patients were in the cardiac catheterization lab 26 minutes (36.6 percent) faster than walk-in patients. • This showed evidence of the effectiveness of quality management of EMS care for cardiac patients. • This also confirmed that EMS interventions are helping to improve the quality of in - hospital care for cardiac patients. 38 Evans, B. and Dyar, J. (2010). 39 CEMSA. (2011). TriData Division, 62 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review FINAL REPORT Figure 27: Comparison of Door to Balloon Time for STEMI Patients With and Without 12 Lead ECG Time in minutes 80 70 70 67 68.5 60 56.8 54.5 50 I 47.5 40 30 — 20 10 0 Pre -hospital ECG No pre -hospital ECG Pre -hospital ECG No pre -hospital ECG Mean D28 Mean D2B Median D2B Median D2B ■ 2010 ■ 2011 Jan -Jun These data are critical to justifying EMS interventions and as key to improving the quality of care to critically ill patients. As further data are collected, the healthcare system will be able to determine if EMS care can positively affect healthcare costs. We also analyzed data concerning specific EMS skills proficiency and measure the PAFD against our national database. For this study we chose success rates for intravenous therapy (IV), intraosseous therapy (IO), and endotracheal intubation. Intravenous Therapy (IV): The ability to successfully place an IV is considered critical to the ability to administer lifesaving treatment. While there are now more alternatives to administering lifesaving treatment, IV therapy is still considered important for critical patients. Table 9 compared the IV success rate for PAFD paramedics with EMS providers from other EMS systems. The success rate for the national sample was 76.19 percent versus 82.9 percent for Palo Alto. Statistical analysis revealed that Palo Alto`s IV success rate was significantly better than the national sample. TriData Division, 63 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review Table 9: IV Therapy Success Rates FINAL REPORT Jurisdiction Attempts Success Percent Success St. Paul, MN 5,521 4,257 77.1% Delaware EMS40 2,584 2,142 83.0% Ohio EMS41 137,554 102,703 74.66% Contra Costa, CA42 28,000 22,960 82.0% Bonita Springs, FL43 310 268 86.4% Estero, FL44 188 145 75% Alameda, CA45 1,931 1,632 86.52% Total 176,088 134,167 76.19% Palo Alto, CA (2010) 1,240 1,028 82.9% p-.0001 Intraosseous (IO) Access: Accessing the peripheral circulation is an old intervention that has re-emerged in emergency medicine. At first the skill was limited to pediatric patients, but use in adults is increasing. This is usually a secondary skill, reserved for critical patients in whom IV access is not quickly attainable. We compared the IO success rate with a national sample. The PAFD had a 100 percent success rate versus an 81.17 percent for the national sample. The difference was not statistically significant likely due to the small sample size for Palo Alto. With newer IO technology (EZ-IO, IO Drills), greater indications for use, and increased experience, IO success rates are rapidly improving and are expected to achieve close to 100 percent nationwide. 40 Cataldi, E., McGinnis-Hainsworth, D., Megargel, R., Bollinger, M. and O'Connor, R. "A Comparison of Intraosseous and Intravenous Access in Adults and Children in the Prehospital Setting." Paper presented at the annual meeting of the National Association of EMS Physicians, Registry Resort, Naples, FL <Not Available>. 2008-12-12 from http://www.allacademic.com/meta/p64896_index.html 41 OEMS. (2003). The Run Report: Bringing you information from EMSIRS. Ohio Division of Public Safety. www.ohiopublicsafety.com 42 Frost, P. (2008, February). Contra Costa Emergency Medical Services Best Practices. Issue 2 [Corrected]. Contra Costa Health Services, CA. 43 SPC/TriData. (2009). Assessment and Five -Year Plan for the Bonita Springs Fire and Rescue Control District. Arlington, VA: SPC/TriData. 44 SPC/TriData. (2009). Assessment and Five -Year Plan for Estero Fire -Rescue. Arlington, VA: SPC/TriData. 45 SPC/TriData. (2010). Assessment of EMS for the City of Alameda, CA. Arlington, VA: SPC/TriData. TriData Division, 64 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review Table 10: 1O Success Rate FINAL REPORT Study Attempts Success Percent Success Banargee, et al.46 30 30 100% Glaeser, et. al.47 152 116 76% Macnab, et. al.48 50 41 84% Nijssen-Jordan 49 42 36 86% Portland Fire Rescue50 4 1 25% Estero51 10 9 90% Alameda, CA52 20 17 85% Total 308 250 81.17% Palo Alto, CA 15 15 100% (ns) ET Intubation: Within the last decade, the utility of this advanced airway procedure in with EMS settings has become controversial. Some believe that this remains the airway of choice for critically ill patients, others feel that there are safer and equally effective back-up rescue airway devices. Still others believe that comparatively low success rates, and possible complications are an indication that too many EMS providers at multiple levels are being trained use this skill. ET intubation is even being used less in hospital settings. Safer anesthesia, better technology for procedures, and less -exploratory" surgery are reducing the need for ET use. Table 11 compared ET success rates between a national sample and the PAFD. The success rate for PAFD paramedics is significantly lower than the national sample. There are several reasons that likely contribute to the low success rate including: de -emphasis of skill use, only two patients had multiple attempts, alternative airway devices are available, not enough practice in simulated settings. This data will allow the PAFD to design its continuing education program based on data collected by the quality management staff. The PAFD is also investigating the use of technology to improve ETI success including, the gum bouge device, and video -assisted ET intubation programs. Another interesting fact is that in 2010, there were fewer 46 Banerjee, S., Singhi, S.C., Singh, S., & Singh, M. (1994). The intraosseous route is a suitable alternative to intravenous route for fluid resuscitation in severely dehydrated children. Indian. Pediatrics 31(12), 1511-20. 47 Glaesner, P.W., Hellmich, T.R., Szewczuga, D., Losek, J.D., & Smith, D.S. (1993). Five-year experience in �rehospital intraosseous infusion in children and adults. Annals of Emergency Medicine 22(7), 1119-24. 8 Macnab, A., Christenson, J., Findlay, J., Horwood, B., Johnson, D., Jones, L., Phillips, K., Pollack, C., Jr., Robinson, D.J., Rumball, C., Stair, T., Tiffany, B., & Whelan, M. (2000). A new system for sternal infusion in adults. Prehospital Emergency Care 4(2), 173-7. 49 Nijssen-Jordan, C. (2000). Emergency department utilization and success rates for intraosseous influsion in pediatric resuscitation. Canadian Journal of Emergency Medicine 2(1) 1-7. 50 SPC/TriData. (2006). Comprehensive Assessment of the Portland, OR Fire and Rescue. Arlington, VA: SPC/TriData Corporation 51 SPC/TriData. (2009). Assessment and Five -Year Plan for Estero Fire -Rescue. Arlington, VA: SPC/TriData 52 SPC/TriData. (2010). Assessment of EMS for the City of Alameda, CA. Arlington, VA: SPC/TriData TriData Division, 65 January 2012 (updated) System Planning Corporation City of Palo Alto FINAL REPORT Emergency Medical Services Review attempts at ET intubation than the number of PAFD paramedics. Recent literature suggests that a certain level of practice is needed to maintain proficiency. Also in 2010 the department introduced the King Airway as a back-up rescue airway that is used when ETI is unsuccessful or when ETI may not be the optimum choice (i.e. bullneck patient, unclear airway). Recommendation 22: The EMS continuing education program, and case review procedures should target the review of airway management, and ET intubation skills. By the end of 2013 the skill should be formally evaluated, as to its place in the Palo Alto EMS program.54 Table 11: ET Intubation Success Rates Source Attempts Success Percent Success Nova Scotia55 112 103 94.3% Cady, C & Pirrallo, R.56 2,144 1,969 91.6% Colwell, C.B., Et.al.57 124 120 96.7% Garza, Et. al.58 1,066 909 85.3% Wang, Et al.59 783 680 86.8% Deakin, Et. al.60 52 35 71.2% Gerich, Et. al.61 383 373 97.4% Guire, Et. al.62 263 223 84.8% El Dorado County EMS63 63 57 90.0% Saint Pau164 103 89 86.4% 53 Wang HE, Yealy DM. Out -of -hospital endotracheal intubation: where are we? Ann Emerg Med 2006;47(6):532-541. 54 The EMS Coordinator has recently initiated a training program to reinforce the didactic and psychomotor skill performance by paramedics. This included the introduction of devices made to assist with ET tube placement. 55 Nova Scotia Emergency Health Services. (2005). Medical Quality Performance Measure Report. Unavailable: [On-line]. 56 Cady, C.E. & Pirrallo, R.G. (2005). The effect of Combitube use on paramedic experience in orotracheal intubation. American Journal of Emergency Medicine, 23(7), 868-71. 57 Colwell, C.B., McVaney, K.E., Haukoos, J.S., Wiebe, D.P., Gravitz, C.S., Dunn, W.W. & Bryan, T (2005). An evaluation of out -of -hospital advanced airway management in an urban setting. Academic Emergency Medicine 12(5), 417-22. 58 Garza, A.G., Gratton, M.C., Coontz, D., Noble, E. & Ma, O.J. (2003). Effect of paramedic experience on orotracheal intubation success rates. Journal of Emergency Medicine 25(2), 251-6. 59 Wang, H.E., Kupas, D.F., Paris, P.M., Bates, R.R., & Yealy, D.M. (2003). Resuscitation 58(1), 49-58. 60 Deakin, C.D., Peters, R., Tomlinson, P., & Cassidy, M. (2005). Securing the prehospital airway: A comparison of laryngeal mask insertion and endotracheal intubation by UK paramedics. Emergency Medicine Journal 22, 64-67. 61 Gerich, T.G., Schmidt, U., Hubrich, V., Lobenhoffer, H.P., & Tscherne, H. (1998). Prehospital airway management in the acutely injured patient: The role of surgical cricothyrotomy revisited. Journal of Trauma 45(2), 312-314. 62 McGuire, T. (2001, February). EMS News: Alameda County Emergency Medical Services Agency Newsletter 16(1). Available: [On-line.], p. 1. 63 El Dorado County EMS (2004). EMS quality data. Unpublished Data. TriData Division, 66 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review FINAL REPORT Source Attempts Success Percent Success Ohio EMS65 3,686 2,531 68.67% Portland, OR Fire66 370 336 90.8% Alameda, CA67 99 57 57.58% Overall 9145 7,057 77.38% Palo Alto, CA 24 11 45.83% p = .0002 The PAFD is likely ahead of most EMS systems in regards to quality management. As patient care report technology improves, computer -aided dispatch systems become more user friendly, and integration between EMS and hospital data systems increases, more and better quality management data will become available. One challenge we noticed was that some of the quality management reports produced by several participants were difficult to read. Some issues were cosmetic, while others measured variables of questionable value. Logistics The EMS Coordinator is responsible for all EMS hardware and software logistics used by the department. Equipment used on calls is often replaced on a one for one basis at area hospitals. Controlled substances, hardware, and some soft goods are not exchanged and are supplied by the department. Controlled Substances— The department is authorized to carry controlled medications that require federally specified oversight controls, almost identical to those required in hospitals, clinics, and physician offices. The PAFD carries benzodiazepine medications for seizure control, and conscious sedation, and narcotic medications for pain relief. These medications are usually safe and effective, but have the potential for abuse, and illegal sales. These medications are kept in separate locked boxes and must be checked at the beginning of each shift. Control logs are required to document use, security, exchange, damage, or any unusual events. Paramedics and station officers must be held accountable for any policy deviations. 64 SPC/TriData (2007). Comprehensive Management Study of the Saint Paul Fire & Safety Services Department. Arlington, VA: SPC/TriData Corporation. 65 OEMS. (2003). The Run Report: Bringing you information from EMSIRS. Ohio Division of Public Safety. www.ohiopublicsafety.com 66 SPC/TriData. (2006). Comprehensive Assessment of the Portland, OR Fire and Rescue. Arlington, VA: SPC/TriData Corporation. 67SPC/TriData. (2010). Assessment of EMS for the City ofAlameda, CA. Arlington, VA: SPC/TriData TriData Division, 67 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review FINAL REPORT To order controlled substances, the PAFD EMS Medical Director must authorize the purchase. The EMS Coordinator is responsible for supply ordering, documentation, and distribution from a storage facility. The EMS Coordinator and Medical Director also audit the unit controlled substance use logs, and must investigate any suspicious activities, missing items, or unusual events. If medications are unaccounted for, a police report must be filed, and federal reporting must occur. These controls appear to be effective for Palo Alto. Equipment and Supply Controls — The EMS Coordinator is responsible for ensuring that supplies are ordered, used, and replaced properly. There are liaisons at each station that assist with EMS logistical issues at their stations. Stations 1 and 2 are set-up for restocking, limiting the amount of supplies needed at each station. There are electronic supply and medication distribution units available that allow for stricter accountability. Also, there could be merit to having a central supply depot staffed by a technician who is also capable of minor repairs. Neither option is absolutely necessary, but should be reviewed on a periodic basis. In the near future, advances in software, distribution, and security systems may warrant reconsideration. Information Technology In all areas of public safety, information management continues to be regarded as increasingly critical factor. In EMS, electronic patient care reports, are becoming the standard instead of an option. The PAFD is ahead of most EMS systems in making electronic patient care reporting (E-PCR) a standard. All ambulances are equipped with E-PCR devices that document all EMS information. These data are downloaded to department computers and are transmitted to hospitals after each patient transport. The E-PCR system involves a Microsoft Silverlight CAD software package that provides the CAD background for the ESO Solutions E-PCR reporting software. At first, the department had some challenges getting specific data, but the situation has improved. All E-PCR software is loaded onto a Panasonic Toughbook laptop computer that is installed in each EMS unit. Laptop computers are acceptable, but there is a better choice. When the system is ready for upgrade, the department should switch from laptop to I -Pad technology. I -Pad technology is lighter, less expensive, and offers greater portability. The cost to replace a damaged Toughbook approaches $3,000, while I -Pad technology costs around $700. The vehicle mounting for the laptop costs over $1,000, and reduces space in the ambulance cab. Recommendation 23: When the department is ready to upgrade their E-PCR hardware, it should consider switching to I -Pad technology. As the department increases their experience with E-PCR and other IT technologies, these products will create greater efficiencies. As discussed earlier, a good investment will be to upgrade the EMS Data Specialist position to a 1.0 FTE. TriData Division, 68 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review FINAL REPORT Another information technology goal should be to produce a report on response times, and quality management issues immediately upon request. Currently, as with most EMS systems, requests for data often take significant time to construct and can be difficult to read. The data analysis technician should create standard analysis reporting tools that can be easily constructed and easy for staff to understand. TriData Division, 69 January 2012 (updated) System Planning Corporation City of Palo Alto FINAL REPORT Emergency Medical Services Review EMS SYSTEM FINANCES During challenging times, EMS system finances become even more critical. EMS systems must be financed based on outcome measures, efficiencies, and funding resources. The City is concerned that the EMS delivery model is inefficient, and should change. We attempted to examine cost -benefit ratios of the current models to determine if there is a better economic fit. We provided an evaluation of costs and revenues. Unfortunately, state and local laws, current LEMSA contracts, and the needs of the community do not support a wholesale change. There are changes that can be made to increase financial effectiveness without sacrificing patient care. EMS Costs There are considerable costs associated with providing EMS services. Most involve human resources costs, with additional costs for vehicles, training, disposable supplies, hardware, information systems, and other vital items. Some costs are difficult to calculate because employees, buildings, vehicles, and equipment are often used for multiple service delivery. Human Resources Costs— Total costs for human resources includes salaries and benefits. For purposes of this calculation, EMS providers include paramedic ambulance personnel, paramedics assigned to the six fire engines. We also calculated the prorated costs for management personnel directly involved in EMS management. Salaries include the current negotiated base salaries plus 40 percent for benefits. Our calculations are for 2012, and based on currently negotiated salaries and benefits. Our calculations determined that the City would need 28 firefighter/ paramedic, and seven firefighter/EMT positions. Table 12 shows the costs for these positions. Table 12: Paramedic and EMT Position Cost 2012 Positions Number Needed Annual Salary and Benefits Total Firefighter/Paramedic 28 $155,814 $4,362,792 Firefighter/EMT 7 $138,932 $972,524 Total Positions 35 $5,335,316 The above considers that all personnel filling these positions are dual role/cross trained and function as firefighters and EMS providers. The EMS field personnel costs are estimated at $5,335,316. We also estimated that management personnel spend different amounts of time dedicated to EMS. Without specific position studies, only estimated costs can be calculated. Table 13 shows the management costs for EMS. TriData Division, 70 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review Table 13: Management Cost for EMS in 2012 FINAL REPORT Position FTE Salary/Benefits x FTE Total Public Safety Director .08 $256,625 x .08 = $20,530 Deputy Chief Operations .10 $226,409 x .10 = $22,640 Deputy Chief Administration .10 $226,409 x .10 = $22,640 Deputy Chief Support Services .05 $226,409 x .05 = $11,320 EMS Chief (Coordinator) 1.00 $208,989 x 1.00 = $208,989 EMS Data Analyst 1.00 $98,000 x 1.00 = $98,000 Administrative Assistant 0.30 $75,900 x 0.30 = $22,770 Total 2.35 $406,889 The total cost estimated for EMS management is estimated at $406,889. Equipment Costs— Equipment costs include vehicle replacement, maintenance, hardware, and disposables are shown in Table 14. We assume that one ambulance will be replaced every two years, one cardiac monitor every year, and one E-PCR device every year. Table 14: Equipment Costs in 2012 Equipment Cost Per Year Ambulance .5 $66,306 Cardiac Monitor $15,000 Stretcher Maintenance and Replacement $5,800 Equipment Maintenance and Repair $70,099 E-PCR $1,500 Disposables $32,962 Total $191,667 The total estimated EMS maintenance and equipment costs for 2012 are estimated at $191,667. Total EMS Costs— Table 15 shows the City of Palo Alto`s total estimated costs for providing full -service EMS. Readers are cautioned that these costs are likely maximums, especially personnel costs. The City is already paying these costs, and all personnel are dual role/cross-trained, performing many collateral duties. Table 15: Total Estimated 2012 EMS Costs Cost Amount HR - EMT and Paramedic $5,335,316 EMS Management $406,889 Equipment Costs $191,667 Total $5,933,872 The total estimated cost for 2012 is estimated at $5,933,872, notwithstanding the above mentioned caveats. TriData Division, 71 January 2012 (updated) System Planning Corporation City of Palo Alto FINAL REPORT Emergency Medical Services Review EMS Revenues EMS revenues depend on the number of patients transported, reimbursement rates for medical insurers, rate of unreimbursed services, and City policies on collection of copays and unpaid bills. Overall, the City and the EMS billing agency are efficient in collecting EMS fees. Built into all EMS systems is the counterintuitive logic used by government and private insurers to determine reimbursement. With few exceptions, reimbursement only occurs when transportation is provided. Reimbursement by Payor— During FY 2009-2010, the PAFD responded to approximately 5,300 EMS requests, resulting in 2,991 patient transports (56.4 percent). While the percentage of patients transported appears low, it is only marginally lower than expected. In most agencies, approximately 67 percent of EMS calls result in a transport. The large number of non -transports is usually caused by calls not generating patients, false calls, patient refusal of transport, or patient does not need transport. In most cases, a paramedic assesses and even provides some care to these patients. Reimbursement for any of this service is extremely rare. The City can consider charging an EMS patient assessment fee, but collection will be difficult, and politically unpopular. We are unaware of any examples of municipalities that have been successful in charging for patient assessment. There may also be state and LEMSA regulations that prohibit this activity. Palo Alto EMS Transportation Charges — Palo Alto is approved by the City to charge specific rates for EMS transportation, plus a mileage reimbursement charge, and fees for use of certain equipment. We equate the approved rate charged with the -fack rate" that often appears on the inside door of hotel rooms. Few ever pay this rate, paying instead different levels of discount rates that are pre -agreed to between hotel chains and payors. The biggest insurance payor in the United States is the federal government. In Palo Alto, Medicare and Medicaid is the primary insurer for EMS service. In FY 2009/2010, 1321 of 2991(44.17 percent) patients were covered by either Medicare or Medicaid. Where there is a strong military presence, TriCare often figures prominently. Of the 1099 patient with private insurance, some were likely covered by TriCare. Payment by federal agencies is usually considerably below the rack rate. Also, most insurers restrict the EMS system from —bhnce billing" the patient for the differences in the rack rate and approved rate. For Medicare, the City can collect a 20 percent copay based on the approved reimbursement rate. For example, the average Medicare payment was $453.67. Medicare paid the City 80 percent ($362.94), and the City was allowed to bill the patient for 20 percent ($90.73). Table 16 contains a summary of FY 2009/2010 EMS charges and collection by payor. TriData Division, 72 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review Table 16: EMS Revenues by Payor68 FINAL REPORT Payor Patients Percent Mix Average Charge (Rack) Average Payment Gross Percent Net Percent Auto Insurance 7 0% $1332.86 $1230.16 92% 100% Kaiser 304 10% $1473.82 $994.71 67% 97% Medicaid 166 6% $1332.89 $127.42 10% 77% Medicare 1155 39% $1280.59 $453.67 35% 96% Private Insurance 1099 37% $1382.87 $1084.08 78% 92% Uninsured 6 0% $1373.33 $25.83 2% 2% Unknown 229 8% $1385.81 $180.35 13% 13% Workers' Compensation 25 1% $1374.80 $748.33 54% 93% Total 2991 100% $1,349.31 $704.68 52% 83% Gross Charges = Allowed (Rack) Rate X Number of Patients $1,349.31 X 2991 = $4,035,786 Net Charges = Amount Expected X Number of Patients $704.68 X 2991 = $2,107,698 While the City collected only 52 percent of its gross charges, it collected 83 percent of its net (expected) charges. As charges continue to come for several months after close of the fiscal year, the total revenue collected for EMS service is $2,217,333. The City's collection rate is higher than we have seen in many urban/suburban areas. The pro forma expected collection for FY 2010-2011 (based on July 2010 to June 2011) is $2,228,812, showing a 1 percent increase since FY 2009/2010. If the monthly trend continues, this will reverse the 10 percent loss process that was incurred in FY 2009/2010. These losses were likely due to reductions in federal Medicare reimbursement rates that totaled up to 9 percent in some areas. Forecast Model for Changes Suggested— We will use the changes that we are suggesting to determine revenues for FY 2011/2012. Table 17 shows the difference in patient projections between FY 2009/2010 and expected in FY 2011/2012. The following assumptions should be taken into account. • A second full-time paramedic ambulance will be in service. • The BLS ambulance will be discontinued. • BLS downgrades will be handled by a paramedic ambulance. Sixty percent of these will qualify for ALS -1 level billing. 68 Based on Palo Alto Statistics Fy 2009/2010 -By Base Rate HCPCS as of 4/6/11 TriData Division, 73 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review FINAL REPORT • Add an additional 300 patients previously lost to mutual aid. We billed 83 percent as ALS 1, 16 percent as BLS Emergency, and 1 percent as ALS 2. Just because an ALS unit is used, does not allow for ALS billing.—Upbilling" is a violation of CMS codes and can lead to heavy fines or debarment. Table 17: Forecast FY2011 EMS Revenues69 Service Type Patients in FY 2009/2010 Patients in FY 2011/2012 (Forecast) Average Payment per Transport (Forecast) Total Payment per Transport (Forecast) A0427 ALS1 2346 (78%) 2590 (83%) $771.08 $1,997,097 A0428 (BLS non -emergency) 182 6% N/A N/A N/A A0429 (BLS Emergency) 442 15% 494 (16%) $703.06 $347,312 A0433 ALS 2 19(1%) 23(1%) $896.72 $20,625 Total 2989 3107 $790.29 $2,286,182 Actual Collection FY 2009/2010 - $2,217,333 Actual Collections FY 2010/2011 - $2,222,90070 Forecast Collection FY 2011/2012 - $2,286,182 (w/changes) Forecast increase of $63,282 between FY 2010/2011 and FY 2011/FY2012 Savings from eliminating the BLS Program is $126,000 Actual forecasted savings of $189,282 No additional firefighter EMTs will be needed to operate the new 24/7 paramedic ambulance because three firefighters per shift who were assigned to Station 7 can help cover the EMT position. The need for fewer personnel classified as Firefighter -Paramedic may also increase savings. A reduction in the number of paramedics from 39 to 28 (the personnel are still needed, but as EMTs) could save another $110,000 in salary differences. Overall, we believe that our plan could save the City approximately $300,000 annually. 69 Based on Palo Alto Financial Statistics FY 2009/2010 —By Base Rate HCPCS as of 4/6/11 70 Per info received from PAFD. TriData Division, 74 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review ELEMENTS OF THE EMS MASTER PLAN FINAL REPORT To conclude our report, we identified elements of a five-year EMS Master Plan to provide guidance for the City. One caution is the unknown status of EMS legislation that could profoundly change the course of EMS in Palo Alto. At this time, the plan assumes that the City retains its .201 rights and will operate a fire -based EMS system. EMS Plan — Year 1 • Convert the paramedic ambulance at Station 2 to full-time • Eliminate the BLS ambulance service and discontinue handling EMS transfers. • Successfully negotiate an agreement with IAFF Local that gives the City the right to operationalize EMS changes. • Continue to monitor the status of state and county EMS legislation • Monitor the level of success being achieved by the County EMS contractor • Assign Medics 1 and Medic 2 specific districts on a 24/7 basis • Officially transition paramedic ambulance crews to one paramedic and one EMT EMS Plan — Year 2 • Eliminate or significantly restrict the paramedic -eserve" program • Upgrade the quality management of medical priority dispatch • Assure staffing for a third cross -staffed paramedic ambulance at Station 3 • Upgrade the EMS Data Specialist position to 1.0 FTE • Begin to enhance the EMS injury prevention program • Upgrade the EMS Coordinator position to Battalion Chief (or as discussed in the report) • Request that the Santa Clara County LEMSA appoint the PAFD EMS Medical Director as a Santa Clara County as an Assistant EMS Medical Director • Determine the feasibility of adding an online learning management system. TriData Division, 75 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review EMS Plan — Year 3 FINAL REPORT • If possible, negotiate a voluntary EMS agreement between the City and Santa Clara County. The agreement should guarantee that the City not forfeit any .201 rights. • Consider cross -staffing a fourth paramedic ambulance at Station 4. • Complete the integration of PC -Tablet technology to replace all Panasonic Toughbooks. • Begin to explore the integration of an expanded scope of EMS service • Reassess the need for possibly hiring non -sworn EMS providers EMS Plan — Year 4 • Reevaluate the EMS delivery profile for efficiencies and possibilities • Continue to negotiate with the Santa Clara County LEMS to determine the possibility of reaching an agreement • Determine whether the office space for the EMS coordinator and EMS staff is still adequate • Analyze whether additional statistical and analysis tools are needed EMS Plan — Year 5 • Complete a comprehensive reassessment of the EMS service • Continue attempts to reach an agreement with the Santa Clara County LEMSA that will benefit the citizens, and each EMS constituent. • Review and revise the EMS Plan for 2016-2021 (if possible, the five year plan should be a continuous document updated on an annual basis). TriData Division, 76 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review LIST OF RECOMMENDATIONS FINAL REPORT Recommendation 1: The City should not enter into any agreement that could jeopardize its .201 rights. Recommendation 2: The City should seek additional legal advice as to its right to alter the level of EMS service while retaining their .201 rights. Recommendation 3: The City of Palo Alto should not forfeit its .201 rights, and not use the current County EMS contractor. Recommendation 4: The Santa Clara County LEMSA medical director should appoint the PAFD medical director as a LEMSA assistant medical director for Palo Alto. Specific duties and responsibilities would be determined by the LEMSA medical director. Recommendation 5: The City should seek to enter a voluntary agreement with the County LEMSA that would protect their .201 rights while accomplishing County goals. The City and County should consider engaging a professional mediator to help reach agreement. Recommendation 6: The PAFD should increase its participation in community health improvement, especially in areas that are traditionally underserved. Recommendation 7: Relocate the cross -staffed Medic 3 to Station 3 where it can provide better citywide coverage while still providing good response times to the high -demand Station 1 area. Recommendation 8: Operate Medic 2 full-time because of the additional EMS workload that occurs on the Stanford Campus and downtown. Recommendation 9: Consider conducting a formal evaluation of the City 911 Center with emphasis on call processing efficiency, dispatch efficiency, and medical priority dispatch compliance. Recommendation 10: Adjust paramedic ambulance staffing from two paramedics to one paramedic and one EMT. Recommendation 11: Reconfigure the EMS delivery model to include a full-time paramedic ambulance at Stations 1 and 2, and a cross -staffed ambulance at Station 3. Recommendation 12: Discontinue providing the part-time BLS ambulance service and discontinue hiring part-time EMTs. Recommendation 13: Reallocate the position of EMS Coordinator to EMS Chief and promote the current EMS Coordinator to that position. Recommendation 14: Reallocate the part-time EMS Data Specialist to a fulll .0 FTE position. Recommendation 15: Assist the EMS Coordinator in transitioning to a chief EMS officer by supporting attendance at select National Fire Academy Programs. Recommendation 16: The EMS Coordinator should begin to identify potential future EMS leaders and begin involving them in EMS leadership. TriData Division, 77 January 2012 (updated) System Planning Corporation City of Palo Alto Emergency Medical Services Review FINAL REPORT Recommendation 17: Allow paramedics working a paramedic ambulance to rotate onto a paramedic engine at the 12 -hour mark. Management and labor should develop a rotation schedule that assures all paramedics rotate to the paramedic ambulance. Recommendation 18: When Medic 1 and Medic 2 are 24/7 units, each unit should have a distinct district and operate under closest unit response. Recommendation 19: Eliminate or significantly restrict paramedic -+eserve" status. Recommendation 20: If the PAFD is unable to hire enough firefighter paramedics or EMTs, consider hiring non -sworn paramedics and EMTs. Recommendation 21: Investigate the feasibility of adopting an electronic learning management system to add additional venues for EMS training. Recommendation 22: The EMS continuing education program, and case review procedures should target the review of airway management, and ET intubation skills. By the end of 2013 the skill should be formally evaluated, as to its place in the Palo Alto EMS program. Recommendation 23: When the department is ready to upgrade their E-PCR hardware, it should consider switching to I -Pad technology. TriData Division, 78 January 2012 (updated) System Planning Corporation pF p�O U O CITY OF PALO ALTO OFFICE OF THE CITY CLERK January 23, 2012 The Honorable City Council Palo Alto, California Appointment for One Position on the Architectural Review Board Ending September 30, 2014 On Monday, January 23, 2012 the City Council should vote to appoint a candidate to a three year term ending on September 30, 2014 to the Architectural Review Board. One Candidate, Ivan Kisyov, withdrew his application on January 17, 2012. The Candidates are as follows: Laurie Abbott Chase Ron Halfhill Robert Kuhar Lee Lippert Brent McClure Richard Pearce Voting will be by paper ballot. Five votes are required to be appointed. The first candidate to receive at least five votes will be appointed. REPORT PREPARED BY: Ronna Jojola Gonsalves, Deputy City Clerk ATTACHMENTS: • Abbott Chase Application (PDF) • Halfhill Application (PDF) • Kuhar Application (PDF) • Lippert Application (PDF) • McClure Application (PDF) • Pearce Application (PDF) Department Head: Donna Grider, City Clerk Updated: 1/18/2012 8:00 AM by Ronna Gonsalves Page 2 I 3 a FAX S IJP.;Zh4 ARCHITECTURAL REVIEW BOARD CITY OF PALO ALTO BOARD AND COMMISSION APPLICATION SUBMIT TO: Office of the City Clerk 250 Hamilton Avenue, Palo Alto, CA 94301 (650)329-2571 Please print or type answers to all questions and place N/A in those areas that do not apply. Be sure that you fill out the attached supplement and return it with your signed application. NAME: ChWL, Lwrie.' iIo(t- Last First RESIDENCE ADDRESS: List relevant training and experience, certificates of training, licenses, or professional registration: 4 -1,'I♦D�r'Qi reiLbJ A.A1.#L _...t ri //_1_ 11.11__ . tines Itt. ' _ CA . Ar�c�i,�lvr� l�ewi� � lq�kSo Yes No • Are you a Palo Alto Resident? _____ _____ • Do you have any relatives or members of your household who are employed by the City of Palo Alto, who are currently serving on the City Council, or who are board members or commissioners? • Are you available and committed to complete the term applied for? • California state law requires appointed board and commission members to file a detailed disclosure of their financial interests, Fair Political Practices Commission, Conflict of Interest, Form 700. Do you have an investment in, or do you serve as an officer or director of, a company doing business in Palo Alto which you believe is likely to; 1) engage in business with the City, 2) provide products or services for City projects, or 3) be affected by decisions of the board or commission you are applying for? If you answered yes, you may wish to consult with the City Attorney before filing this application. Please contact the City Attorney's Office at 650-329-2171. • Excluding your principal residence, do you own real property in Palo Alto or within two miles of Palo Alto? ;EMPLOYMENT - - Present ; last employer t Nam o Co p Y • (If retired, indicate former occupation) . Signature of of Applicant Date: Vt 'to U \ i° at r:'t' io Ye6 e, 1.vkko 90')v CITY OF PALO ALTO ARCHITECTURAL REVIEW BOARD SUPPLEMENTAL QUESTIONNAIRE Please Return to: Office of the City Clerk Name: `, f,n(' i Q/ kb6u(r &�Ak4top 250 Hamilton Avenue ' Palo Alto, CA 94301 Date: �_1.j �l 650-329-2571 Please print or type your answers to the following questions and submit with your completed application. You may submit additional sheets, if necessary, to complete your answers. 1. Have you attended the following meeting? Yes No • Architectural Review Board (Date: 2. How did you Learn about the vacancy on the Architectural Review Board? Rotary Club: Palo Alto Weekly: Palo Alto Weekly Online: Email from City Clerk: Other, Please Specify: AIA: Fogster.com: 3. Describe your involvement in community activities, volunteer and civic organizations: 2'oU -?w ft140 4O214Yt eoM1ov &lvviwi eM Vp*vieA- .'bDD ILa1kqCPi T—� i -'lritXn elnat✓�nawlt �(i Yv�now�bt' orareli,�'a:�vva.R. r2V�L�Jv� N�w,a�vuus eM&o5 cocdoor&,tiov' 4 4 "Ad'((OWN aAUotk�tw,p1a.�lnuw. l�tk5-weewl-'ParuVoluhUeer&'Qum o v&e,tuo �arev�� 04 4iy'e& QA�IaMyk aae-" l'1, l9 au.d 21 4. What is it about the Architectural Review Board that interests you? What qualities, experience and expertise would you bring to the Architectural Review Board? + ► ' 1. L ��� L� `.'�[. .� / . �.�. �� : / I .a i i ' 'ak&i117, � � C6lntiN�ul olti 5. How would you see your role as board member when recommending policy and working with the Council? If it were necessary to change current roles, how would you approach making such changes? woill4 • f � waM 44* gouk v� �lw C'.ovwpswe��faa.. �mu6to v4&4A.qcc, ti would KtAh- oi,J 'Vnooe, abvuJ- UlrP&� rtt. 6. What are the current issues facing the Architectural Review Board? 1 444 &�k eAAAMAlgy )I41A iAJrkuLc o4 7. If appointed, what specific goals would you like to see the Architectural Review Board achieve? iUk1 I -!o 649-10 f1&& Ap- 4v pU�u� -H�- �rrnq � &ei�4LL Pi&s i v&&4iq � keko. 1kL'o S would ta ev�couvaq- eL 4eVreA4z.Oag Comvvwnt+cl thv�rjl. -I{� cPP�tl�h rev oN I�ICV'26-stv1� � C�i'l�il� bth&w4 OIVLtO,VL'a.G.2- fiNOi ix(ou YY1Q dvq amd 't7ko L crt aA,o 11' 4(a Z WOuld ti V JU &L' w cl eowtivuwv -I am, p,�ct u„ wit1� vasesre wor' -1-o�1,.a.✓ ire I7O bKe.-,�� uer.ble. &ok od C12Y\ PniC'Iples—�Erow� a., r�sic�z.wtta.Q-b �xu�. urib�.oV1 p[CkAAY%l oxc1 i)ki wtic Q �v ni Q6Ai &t4itUat OpWLOV5 d444 jcv g cppIiCiMMc to eru�i poe�l,r� ag u�eu, c� �i,nehnvd. PM?"fs Ac PA T City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 CONSENT FORM 4yJ WI have read and understand my rights under Government Code Section 6254.21. I wish to provide my written permission to the City of Palo Alto to post my home address and telephone .number on the City's website. I may revoke this permission at any time by providing written notice to the Palo Alto City Clerk. ___ I do not give permission for the City of Palo Alto to post my home address, telephone number, and email to the internet and request that they use the following contact information instead. O'D& V&Lte, Ck\. Address (�50 • �5l• 3cA, I Phone c&u r Q @ kne . COtM Email Lwrie' —k6 Print Name nature£Ya4'' Sig Nov, I./t, U �( Date CALIFORNIA CODES GOVERNMENT CODE SECTION 6250-6270: http://www.leginfo.ca.gov 6254.21. (a) No state or local agency shall post the home address or telephone number of any elected or appointed official on the Internet without first obtaining the written permission of that individual. (b) No person shall knowingly post the home address or telephone number of any elected or appointed official, or of the official's residing spouse or child, on the Internet knowing that person is an elected or appointed official and intending to cause imminent great bodily harm that is likely to occur or threatening to cause imminent great bodily harm to that individual. A violation of this subdivision is a misdemeanor. A violation of this subdivision that leads to the bodily injury of the official, or his or her residing spouse or child, is a misdemeanor or a felony. (c) (1) (A) No person, business, or association shall publicly post or publicly display on the Internet the home address or telephone number of any elected or appointed official if that official has made a written demand of that person, business, or association to not disclose his or her home address or telephone number. (B) A written demand made under this paragraph by a state constitutional officer, a mayor, or a Member of the Legislature, a city council, or a board of supervisors shall include a statement describing a threat or fear for the safety of that official- or of any person residing at the official's home address. (C) A written demand made under this paragraph by an elected official shall be effective for four years, regardless of whether or not the official's term has expired prior to the end of the four-year period. (D) (I) A person, business, or association that receives the written demand of an elected or appointed official pursuant to this paragraph shall remove the official's home address or telephone number from public display on the Internet, including information provided to cellular telephone applications, within 48 hours of delivery of the written demand, and shall continue to ensure that this information is not reposted on the same Internet Web site, subsidiary site, or any other Internet Web site maintained by the recipient of the written. demand. (ii) After receiving the elected or appointed official's written demand, the person, business, or association shall not transfer the appointed or elected official's home address or telephone number to any other person, business, or association through any other medium. (iii) Clause (ii) shall not be deemed to prohibit a telephone corporation, as defined in Section 234 of the Public Utilities Code, or its affiliate, from transferring the elected or appointed official's home address or telephone number to any person, business, or association, if the transfer is authorized by federal or state law, regulation, order, or tariff, or necessary in the event of an emergency, or to collect a debt owed by the elected or appointed official to the telephone corporation or its affiliate. (E) For purposes of this paragraph, "publicly post" or "publicly display" means to intentionally communicate or otherwise make available to the general public. (2) An official whose home address or telephone number is made public as a result of a violation of paragraph (1) may bring an action seeking Injunctive or declarative relief In any court of competent jurisdiction. If a court finds that a violation has occurred, it may grant injunctive or declarative relief and shall award the official court costs and reasonable attorney's fees. A fine not exceeding one thousand dollars ($1,000) may be imposed for a violation of the court's order for an injunction or declarative relief obtained pursuant to this paragraph. (3) An elected or appointed official may designate in writing the official's employer, a related governmental entity, or any voluntary professional association of similar officials to act, on behalf of that official, as that official's agent with regard to making a written demand pursuant to this section. A written demand made by an agent pursuant to this paragraph shall include a statement describing a threat or fear for the safety of that official or of any person residing at the official's home address. (d) (1) No person, business, or association shall solicit, sell, or trade on the Internet the home address or telephone number of an elected or appointed official with the intent to cause imminent great bodily harm to the official or to any person residing at the official's home address. (2) Notwithstanding any other law, an official whose home address or telephone' number is solicited, sold, or traded in violation of paragraph (1) may bring an action in any court of competent jurisdiction. If a jury or court finds that a violation has occurred, it shall award damages to that official in an amount up to a maximum of three times the actual damages but in no case less than four thousand dollars ($4,000). (e) An interactive computer service or access software provider, as defined in Section 230(f) of Title 47 of the United States Code, shall not be liable under this section unless the service or provider intends to abet or cause imminent great bodily harm that is likely to occur or threatens to cause imminent great bodily harm to an elected or appointed official. (f) For purposes of this section, "elected or appointed official" includes, but is not limited to, all of the following: (1) State constitutional officers, 2) Members of the Legislature, (3) Judges and court.commissioners, (4) District attorneys, (5) Public defenders, (6) Members of a city council, (7) Members of a board of supervisors, (8) Appointees of the Governor, (9) Appointees of the Legislature, (10) Mayors, (11) City attorneys, (12) Police chiefs and sheriffs, (13) A public safety official, as defined in Section 6254.24, (14) State administrative law judges, (15) Federal judges and federal defenders, (16) Members of the United States Congress and appointees of the President. (g) Nothing in this section is intended to preclude punishment instead under Sections 69, 76, or 422 of the Penal Code, or any other provision of law. November 29, 2011 City of Palo Alto c/o: Ronna Gonsalves Deputy Clerk Re: application for Architectural Review Board volunteer position Ronna: Thank you for providing the application forms for this position and a description of the responsibilities and requirements of same. I have attached my application, though not complete, herewith. I have left two topics unanswered. The deadline for submission is today and I simply do not have any more time to answer adequately research all the issues about which I was asked to comment in q Y the form. I will do more research after submitting the form and I ask that this be considered by those who review applications. In the event I am invited to be interviewed for this position, I will have acquired more familiarity with the issues raised by the questions I left unanswered by the time of the interview. Two days is not enough time to prepare these answers properly. This position is attractive to me because of my experience as a designer with the building and planning departments of Palo Alto, and the obviously more sophisticated nature of design awareness in that city. Palo Alto is one of two cities that come to mind as adamant about design quality and as a result, demands more thorough preparation of building department submittals. For this reason, I do not feel I can properly answer the two questions I left blank on my application. I wish to provide answers that do justice to the standard of care required by your Board, and will have time by January to prepare properly for any questions they wish to ask of me. Thank you for your assistance. Sincerely: Ron Halfhill, Assoc. AIA 570 E. El Camino Real Sunnyvale, CA 408.720.9146 ARCH Fi'E(TURAL REVIEW BOAR!) CITY OF PALO ALTO BOARD AND COMMISSION APPLICATION SUBMIT TO. Office of the City Clerk 250 Hamilton Avenue, Palo Alto, CA 94301 (650) 329-2571 Please print or type answers to all questions and place N/A in those areas that do not apply. Be sure that you fill out the attached supplement and return it with your signed application. NAME: Halfhill Ron HOME PHONE: 408.720-49146 Last 2140 Canoas Garden ____________ ADDRESS: Street San Jose CA First 95125 City State Zip Education: B.Fine Arts/Architecture U. of Hawaii 12169 Master of Architecture U. of Hawaii 12/76 WORK PHONE: 408.720-9146 CELL PHONE: 408.718.1 X71 EMAIL: verc3ant1 @pacbet4.net List relevant training and experience, certificates of training, licenses, or professional registration: Curriculum Committee of U. of Hawaii School of Architecture, 1969 --1973 Currently a candidate for architectural registration in California Eds/Commissions 702-23 8/31/2011 Yes No • Are you a Palo Alto Resident? ______ [IIiI] •o you have any relatives or members of your household who are employed by the City of Palo Alto, who are currently serving on the City Council, or who are board members or commissioners? L / I • Are you available and committed to complete the term applied for? ______ ______ L/ I • California state law requires appointed board and commiusion members to file a detailed disclosure of their financial interests, Fair Political Practices Commission, Conflict of Interest, Porn 700. Do you have an investment in, or do you serve as an officer or director of, a company doing business in Palo Alto which you believe is .likely to; 1) engage in business with the City, 2) provide products or services for City projects, or 3) be affected by decisions of the board or commission you are applying for? If you .answered yes, you may wish to consult with the City Attorney before filing this application. Please contact the City Attorney's Office at 650-329-2171. • Excluding your principal residence, do you own real property in Palo Alto or withintwo Palo Alto? miles of I i L/ EMPLOYMENT Present or last employer Verdant Ventures Name of Company: Signature of Applicant Occupation: arch. design (If retired, indicate former. occupation) Date: 11!29111 Bds/Commissions -- 702-23 8/31/2011 CITY OF PALO ALTO aRcffiTEcTURAL REVIEW BOARD SUPPLEMENTAL QUESTIONNAIRE Please Return to: Office of the City Clerk 250 Hamilton Avenue Palo Altos CA 94301 650-329257l Name: Ron HalfhIll, Assoc. AIA. Date: 11/29111 Please print or type your answers to the following questions and submit with your completed application. You may submit additionalsheets, if necessary, to complete your answers. l.. Have you attended the following meeting? Yes o • Architectural Review Board (Date: I/J 2. How did you Learn about the vacancy on. the Architectural Review Board? Rotary Club: Palo Alto Weekly: The Daily Post: Email from City Clerk: ALA: [ Flyer/Bookmark. C I Other, Please Specify: 3. Describe your involvement in community activities, volunteer and civic organizations: served on the Housing Committee of the San Francisco Chapter of the AlA in 196 served with North of Market Planning Coalition, San Francisco, 1986 - 1988 served on a MacArthur Blvd. Neighborhood Improvement Committee, 1990 4. What is it about the Architectural Review Board that interests you? What qualities, experience and expertise would you bring to the Architectural Review Board? Opportunity to become involved in design decision affecting the community and influence the physical environment by applying background and training a a professional designer. For the past ten years, I have owned and managed my own design firm in Sunnyvale. Bds/Commissions — 702-23 8/31/2011 5. How would you see your role as board member when recommending policy and working with the Council? If it were necessary to change current roles, how would you approach making such changes? See attached cover letter 6. What are the current issues facing the Architectural Review Board? See attached cover letter 7. If appointed, what specific goals would you like to see the Architectural Review Board achieve? Encourage applicants for projects in Palo Alto to present intriguingly distinctive and attractive design approaches, examples of which are noticeably evident around Palo Alto already. Of all Bay Area cities, PA is one of two which can boast of these exemplary and excellent gems. PA. is however the more unusual of the two because of its sensitivity design desi n excellence overall. Encouraging more of this distinctive aesthetic character is a goal I would embrace. Bds/Commissions — 702-23 8/31/2011 City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 California Government Code Section 6254.2,. states, in part, "No state or local agency shall post the home address or telephone number of any elected or appointed official on the Internet without first obtaining the written permission of that individual." The full code is attached. This consent form will not be redacted and will be attached to the Application and posted to the City's website. Read the coder and check only ONE option below: Ron Halfhill givepermission for the City of Palo Alto to post to the p City's website the attached Board and Commission Application intact. I have read and understand my rights under Government Code Section 6254.21, 1 may revoke this permission at any time by providing written notice to the Palo Alto City Clerk. OR I request, that the City of Palo Alto redact my home address, phone numbers, and email address from the attached Board and Commission Application prior to posting to the City's website. I am providing the following alternate information and request that they use the following contact information instead.. Address Phone Email signature* Date *The applicant must have a digital signature or print the application, sign in ink, and deliver to the City Clerks Office. A typed signature or unsigned application will not be accepted. Eds/Commissioris 702-23 8/31/2011 CALIFORNIA CODES GOVERNMENT CODE SECTION 6250-6270: http://www.leginfo.ca.gov 6254..21. (a) No state or local agency shall post the home address or telephone number of any elected or appointed official on the Internet without first obtaining the written permission of that individual, (b) No person shall knowingly post the home address or telephone number of any elected or appointed official, or of the official's residing spouse or child, on the Internet knowing that person is an elected or appointed official and intending to cause imminent great bodily harm that is likely to occur or threatening to cause imminent great bodily harm to that individual. A violation of this subdivision is a misdemeanor. A violation of this subdivision that leads to the bodily injury of the official, or his or her residing spouse or child, is a misdemeanor or a felony. (c) (1) (A) No person, business, or association shall publicly post or publicly display on the Internet the home address or telephone number of any elected or appointed official if that official has made a written demand of that person, business, or association to not disclose his or her home address or telephone number. (B) A written demand made under this paragraph by a state constitutional officer, .a mayor, or a Member of the Legislature, a city council, or a board of supervisors shall include a statement describing a threat or fear for the safety of that official or of any person residing at the official's home address. (C) A written demand made under this paragraph by an elected official shall be effective for four years, regardless of whether or not the official's term has expired prior to the end of the four-year period. (0) (i) A person, business, or association that receives the written demand of an elected or appointed official pursuant to this paragraph shall remove the official'shome address or telephone number from public display on the Internet, including information provided to cellular telephone applications, within 48 hours of delivery of the written demand, and shall continue to ensure that this information is not reposted on the same Internet Web site, subsidiary site, or any other Internet Web site maintained by the recipient of the written demand. (II) After receiving the elected or appointed official's written demand, the person, business, or association shall not transfer the appointed or elected official's home address or telephone number to any other person, business, or association through any other medium. (iii) Clause (ii) shall- not be deemed to prohibit a telephone corporation, as defined in Section 234 of the Public Utilities Code, or its affiliate, from transferring the elected or appointed official's home address or telephone number to any person, business, or association, if the transfer is authorized by federal or state law, regulation, order, or tariff, or necessary in the event of an emergency, or to collect a debt owed by the elected or appointed official to the telephone corporation or its affiliate. ( E) For purposes of this paragraph, "publicly post" or "publicly display" means to intentionally communicate or otherwise make available to the general public. (2) An official whose home address or telephone number is made public as a result of a violation of paragraph (1) may bring an action seeking injunctive or declarative relief in any court of competent jurisdiction. If a court finds that a violation has occurred, it may grant injunctive or declarative relief and shall award the official court costs and reasonable attorney's fees. A fine not exceeding one thousand dollars ($1,000) may be imposed for a violation of the court's order for an injunction or declarative relief obtained pursuant to this paragraph. (3) An elected or appointed official may designate in writing the official's employer, a related governmental entity, or any voluntary professional association of similar officials to act, on behalf of that official, as that official's agent with regard to making a written demand pursuant to this section. A written demand made by an agent pursuant to this paragraph shall include a statement describing a threat or fear for the safety of that official or of any person residing at the official's home address. (d) (1) No .person, business, or association shall solicit, sell, or trade on the Internet the home address or telephone number of an elected or appointed official with the intent to cause imminent great bodily harm to the official or to any person residing at the official's home address. (2) Notwithstanding any other law, an official whose home address or telephone number is solicited, sold, or traded in violation of paragraph (1) may bring an action in any court of competent jurisdiction. If a jury or court finds that a violation has occurred, it shall award damages to that official in an amount up to a maximum of three times the actual damages but in no case less than four thousand dollars ($4,000). (e) An interactive computer service or access software provider, as defined in Section 230(f) of Title 47 of the United States Code, shall not be liable under this section unless the service or provider intends to abet or cause imminent great bodily harm that is likely to occur or threatens to cause imminent great bodily harm to an elected or appointed official. (f) For purposes of this section, "elected or appointed official" includes, but is not limited to, all of the following: (1) State constitutional officers, 2) Members of the Legislature, (3) Judges and court commissioners, (4) District attorneys, (5) Public defenders,. (6) Members of a city council., (7) Members of a board of supervisors, (8) Appointees of the Governor, (9) Appointees of the Legislature, (10) Mayors, (11) City attorneys, (12) Police chiefs and sheriffs, (13) A public safety official, as defined in Section 6254.24, (14) State administrative law judges, (15) Federal judges and federal defenders, (16) Members of the United States Congress and appointees of the President. (g) Nothing in this section is intended to preclude punishment instead under Sections 69, 76, or 422 of the Penal Code, or any other provision of law. Bds/Commissions — 702-23 8/31/2011 ir t PiD ki II4tJC29 Pi4:1 CITY OF PALO ALTO BOARD AND COMMISSION APPLICATION SUBMIT TO: Office of the City Clerk 250 Hamilton Avenue, Palo Alto, CA 94301 (650) 329-257-1 Please print or type answers to all questions and place N/A in those areas that do not apply. Be sure that you fill out the attached supplement and return it with your si ned application. NAME: V U i V I I Last First RESIDENCE (� 4 q D 1)150 ���� 97 Street • PALu ,'L7V 1 ti' C fi l 4"5 o) City State Zip Education: P C1.0 cGG fri A P'ZoJci A4N/9 T rs)&1\*)1vcc/z1AI&- HOME PHONE: 6 cv Y" ?j z 4 44 4 t% CELL PHONE: Id�-��� EMAIL:iaoA9J a≤�SCl)t� coil-, List relevant training and experience, certificates of training, licenses, or professional registration: Yes No • Are you a Palo Alto Resident? V _____ • Do you have any relatives or members of your household who are employed by the City of Palo Alto, who are currently serving on the City Council, or who are board members or comm issioners? • Are you available and committed to complete the term applied for? • California state law requires appointed board and commission members to file a detailed disclosure of their financial interests, Fair Political Practices Commission, Conflict of Interest, Form 700. Do you have an investment in, or do you serve as an officer or director of, a company doing business in Palo Alto which you believe is likely to; 1) engage in business with the City, 2) provide products or services for City projects, or 3) be affected by decisions of the board or commission you are applying for? If you answered yes, you may wish to consult with the City Attorney before filing this application. Please contact the City Attorney's Office at 650-329-2171. • Excluding your principal residence, do you own real property in Palo Alto or within two miles of Palo Alto? EMPLOYMENT Present or last employer � "7 /'V � Name of Company: � DGRS/E s p tOAiation: '9t 4-/ (If retired, indicate former occupation) Signature of A licant � ✓ / ` Date: 21 I � rr �j0� IW (r - CEcfFi F/ jes,61L, � l� H/Ti9e /1 / 4'r1(1"7 OF I4(WC,IL jk/CEC P%fl /Elmi' i�:sThvk1EtiT> CITY OF PALO ALTO ARCHITECTURAL REVIEW BOARD SUPPLEMENTAL QUESTIONNAIRE Please Return to: Office of the City Clerk Name: ?oJe r ,'i, /_` lj 1� 250 Hamilton Avenue Palo Alto, CA 94301 Date:(rv5>'650-329-2571 Please print or type your answers to the following questions and submit with your completed application. You may submit additional sheets, if necessary, to complete your answers. 1. Have you attended the following meeting? Yes No • Architectural Review Board ()ate: c I 0 2. How did you Learn about the vacancy on the Architectural Review Board? Palo Alto Weekly Online: Rotary Club: Palo Alto Weekly: Email from City Clerk: AIA: Fogster.com: Other, Please Specify: 3. Describe your involvement in community activities, volunteer and civic organizations: c Exect,iik CO/qCW)E ,k/jLi')Lc Jtfl1)h/(r fr�1fl) '81flCULT" E/k)(C7 Sr)C1(\/7)≤,7, /U..S? 1 C74c1i)v,'ibti4i c V N e11ce t S 4. What is it about the Architectural Review Board that interests you? What qualities, experience and expertise would you bring to the Architectural Review Board? C r&is X Jt�'Uc l� /9T iE5/6' of, PIcc/ 6?FT Sv- it7'Jiv46 7)J6 L&1&4' /91vb F i))/ CUfC(C7Vi /'ijplt diL/ ''4i 4.oiLSOA1 - This /k1Li2LV6r, /JCY(f19C& G, ��Y 7)icfY'/v 9c) �y7EC7k/?fL 5. How would you see your role as board member when recommending policy and working with the Council? If it were necessary to change current roles, how would you approach making such changes? M 97 11( h T71 mZc)17V19C- /'ML 0c• y OW upj ri& uaOL 6& vo/ i1ZZcPL' �- 1 /iQ'zc "CUa Tj(Qc 1 i\juou) USA frf/6XbJE4/L-& �SKILL: fl'S f1xCf/OLI&ISI,d11�1 Co9c1a IC6 WS�CJM 6.J 6. What are the current issues facing the Architectural Review Board? Crcrn t P 14 5 4v6- I i"XU C /AJ 7). flCG3 CE: 1)v fl/1.i/3 J1cC)V1D Jfr01F1 7. If appointed, what specific goals would you like to see the Architectural Review Board achieve? C J) It- Iq t.72U /1 kJ rT KS56 &i&4-— 0 R�I lUi�f11U '9 P c≤≤'Iv p u1 2r9/70w (ic PtU ,?CiI) ', � J CLEY7Y e7&scf'/ 71) 6t'tii7) 0c' emo qtTli, C-1 � n ley vE /9 fu5)4,e5�. City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 CONSENT FORM tl I have read and understand my rights under Government Code Section 6254.21. I wish to provide my written permission to the City of Palo Alto to post my home address and telephone number on the City's website. I may revoke this permission at any time by providing written notice to the Palo Alto City Clerk. I do not give permission for the City of Palo Alto to post my home address, telephone number, and email to the internet and request that they use the following contact information instead. Address Phone Email fQ1<7 tiJ1-i Print Name , ((& 1/4L Signature f&2) jOl) Date CALIFORNIA CODES GOVERNMENT CODE SECTION 6250-6270: http://www.leginfo.ca.gov 6254.21. (a) No state or local agency shall post the home address or telephone number of any elected or appointed official on the Internet without first obtaining the written permission of that individual. (b) No person shall knowingly post the home address or telephone number of any elected or appointed official, or of the official's residing spouse or child, on the Internet knowing that person is an elected or appointed official and intending to cause imminent great bodily harm that is likely to occur or threatening to cause imminent great bodily harm to that individual. A violation of this subdivision is a misdemeanor. A violation of this subdivision that leads to the bodily injury of the official, or his or her residing spouse or child, is a misdemeanor or a felony. (c) (1) (A) No person, business, or association shall publicly post or publicly display on the Internet the home address or telephone number of any elected or appointed official if that official has made a written demand of that person, business, or association to not disclose his or her home address or telephone number. (B) A written demand made under this paragraph by a state constitutional officer, a mayor, or a Member of the Legislature, a city council, or a board of supervisors shall include a statement describing a threat or fear for the safety of that official or of any person residing at the official's home address. (C) A written demand made under this paragraph by an elected official shall be effective for four years, regardless of whether or not the official's term has expired prior to the end of the four-year period. (D) (i) A person, business, or association that receives the written demand of an elected or appointed official pursuant to this paragraph shall remove the official's home address or telephone number from public display on the Internet, including information provided to cellular telephone applications, within 48 hours of delivery of the written demand, and shall continue to ensure that this information is not reposted on the same Internet Web site, subsidiary site, or any other Internet Web site maintained by the recipient of the written demand. (ii) After receiving the elected or appointed official's written demand, the person, business, or association shall not transfer the appointed or elected official's home address or telephone number to any other person, business, or association through any other medium. (iii) Clause (ii) shall not be deemed to prohibit a telephone corporation, as defined in Section 234 of the Public Utilities Code, or its affiliate, from transferring the elected or appointed official's home address or telephone number to any person, business, or association, if the transfer is authorized by federal or state law, regulation, order, or tariff, or necessary in the event of an emergency, or to collect a debt owed by the elected or appointed official to the telephone corporation or its affiliate. (E) For purposes of this paragraph, "publicly post" or "publicly display" means to intentionally communicate or otherwise make available to the general public. (2) An official whose home address or telephone number is made public as a result of a violation of paragraph (1) may bring an action seeking injunctive or declarative relief in any court of competent jurisdiction. If a court finds that a violation has occurred, it may grant injunctive or declarative relief and shall award the official court costs .and reasonable attorney's fees. A fine not exceeding one thousand dollars ($1,000) may be imposed for a violation of the court's order for an injunction or declarative relief obtained pursuant to this paragraph. (3) An elected or appointed official may designate in writing the official's employer, a related governmental entity, or any voluntary professional association of similar officials to act, on behalf of that official, as that official's agent with regard to making a written demand pursuant to this section. A written demand made by an agent pursuant to this paragraph shall include a statement describing a threat or fear for the safety of that official or of any person residing at the official's home address. (d) (1) No person, business, or association shall solicit, sell, or trade on the Internet the homeaddress or telephone number of an elected or appointed official with the intent to cause imminent great bodily harm to the official or to any person residing at the official's home address. (2) Notwithstanding any other law, an official whose home address or telephone number is solicited, sold, or traded in violation of paragraph (1) may bring an action in any court of competent jurisdiction. If a jury or court finds that a violation has occurred, it shall award damages to that official in an amount up to a maximum of three times the actual damages but in no case less than four thousand dollars ($4,000). (e) An interactive computer service or access software provider, as defined in Section 230(f) of Title 47 of the United States Code, shall not be liable under this section unless the service or provider intends to abet or cause imminent great bodily harm that is likely to occur or threatens to cause imminent great bodily harm to an elected or appointed official. (f) For purposes of this section, "elected or appointed official" includes, but is not limited. to, all of the following: (1) State constitutional officers, 2) Members of the Legislature, (3) Judges and court commissioners, (4) District attorneys, (5) Public defenders, (6) Members of a city council, (7) Members of a board of supervisors, (8) Appointees of the Governor, (9) Appointees of the Legislature, (10) Mayors, (11) City attorneys, (12) Police chiefs and sheriffs, (13) A public safety official, as defined in Section 6254.24, (14) State administrative law judges, (15) Federal judges and federal defenders, (16) Members of the United States Congress and appointees of the President. (g) Nothing in this section is intended to preclude punishment instead under Sections 69, 76, or 422 of the Penal Code, or any other provision of law. C1 Board or Commission applying for: 1 Architectural Review Board l Second choice (if applicable): Planning & CITY OF PALO ALTO 1 3fJ p 4*.42 BOARD AND COMMISSION APPLICATION SUBNIlT TO: Office of the City Clerk 250 Hamilton Avenue, Palo Alto, CA 94301 (650) 329-2571 Please print or type answers to all questions and place N/A in those areas that do not apply. Be sure that you fill out the attached supplement and return it with your signed application. NAME Lippert, AIALee I. HOME PHONE (650) 323-5961 Last First Middle WORK PHONE (650) 323-5961 RESIDENCE ADDRESS 580 Hawthorne Avenue Palo Alto CA 94301-1211 Street City State Zip Code EDUCATION 1979 Bachelor of Architecture (five year NAAB professional degree) 1978 Bachelor of Fine Arts, Rhode Island School of Design, Division of Architectural Studies, Providence, RI 02903 List relevant training and experience, certificates of training, licenses, or professional registration 1989 Licensed Architect, license no. C 19,809, California Architects Board, Department of Consumer Affairs 1990 Certificate Holder, certificate no. 39,662, National Council of Architectural Registration Boards 1991 Instructor Credential, Architecture, Board of Governors of the California Community Colleges 1991 Registered Disaster Service Worker, Safety Assessment Volunteer Program, California State Office of Emergency Services 1997 Participant & Partial Scholarship, Leadership Institute, The American Institute of Architects Yes No • Are you a Palo Alto resident? V • Do you have any relatives or members of your household who are employed by the City of Palo Alto, who are currently serving on the City Council, or who are board members or commissioners? • Are you available and committed to complete the term applied for? d Yes No • California state law requires appointed board and commission ;members V to file a detailed disclosure of their financial interests Do you have an investment in, or do you serve as an officer ordirector of, a company doing business in Palo Alto which you believe i s::.likely ) to engage in .business with the City, 2) to provide products or services for City projects, or 3) be affected by decisions of the board or commission you are applying for? If you answered yes, you may wish to consult with the City Attorney before filing this application. Please contact Ariel Calonne at (650) 329-2171 to arrange an appointment. • Excluding your principal residence, do you own real property in Palo V Alto or within two miles of Palo Alto? if you answered yes, you may wish to consult with the City Attorney before filing this application. Please contact Ariel Calonne at (650) 329-2171 to arrange an appointment. EMPLOYMENT Present or last employer Name of Company Lippert & Lippert Design Occupation Licensed Architect Signature of Applicant - Le ert, A A Please print or type your answers to the following questions and submit with your completed. application. You may submit additional sheets, if necessary, to .complete :your answers.:. 1. Have you attended any of the following meetings? Yes Board/Commission Orientation Session Date: February 27, 1997 Architectural Review Board Date: The first & third Thursday of every month -- September 1997 through December 2003 --. inclusive 2. How did you learn about the vacancy on the Architectural Review Board? Community Group Newspaper Ad Place of Employment Utility Bill Stuffer _ City Clerk's Office Other (specifv) 3. Describe your involvement in community activities, volunteer and civic organizations. 2011- 2013 Vice-President/President-Elect, Menlo Park Rotary Foundation, Board of Directors, Menlo Park, CA 2011 2013 Member, Lytton Gardens Senior Communities, Board of Directors, Palo Alto, CA 2010 - 2011 PTC Liaison, Rail Corridor Task Force, City of Palo Alto 2009 - 2011 PTC Representative, Library Bond Stakeholders Committee, City of Palo Alto, Division of Public Works 2009 - 2010 PTC Liaison, Palo Alto Housing Corporation, Palo Alto, CA July 2009 Team Participant, 3-H (Health, Hunger, Humanity) Grant to Guatemala, Rotary International, Evanston, IL 2006 - 2011 Member, Urban Design Task Force, American Institute of Architects California Council, Sacramento, CA 2006 - 2007 Member, Palo Alto / Stanford Red Ribbon Task Force for Disaster Preparedness, City of Palo Alto 2005 2007 Member, Menlo Park Rotary Foundation, Board of Directors, Menlo Park, CA April 2005 Team Participant, Imagine a Downtown Community Design Charrette1, Menlo Park, CA 2004 - 2006 AIACC Disaster Preparedness Handbook, American Institute of Architects California Council 2004 - 2005 Zoning Ordinance Update (ZOU) Design & Environment Committee, City of Palo Alto 2004 - 2011 Member, Planning & Transportation Commission, City of Palo Alto, Planning & Community Environment 'Sponsored by the American Institute of Architects San Mateo County Chapter, with local municipal city governments and 2003 - 2004 Vice President, American Institute of Architects California Council, Sacramento, CA 2002 - Member, Rotary International, District 5150, Club 391, Evanston, IL 2001 2002 Secretary,, American Institute' of Architects California Council, Sacramento, CA 2001 Juror, 2001-02 Ahwahnee Awards Program, Local Governments Commission, Sacramento, CA 2000 -2002 ARB Representative, South of `Forest Area (SoFA) Phase lf= Worki :g Group, City of Palo Alto Oct. 1999 Moderator, East Palo Alto Community Design Charrettel, City of East Palo Alto April 1999 Team Participant, Bayshore Neighborhood Design Charrettel, City of Daly City 1998/1999 Vice President/ President, American Institute of Architects San Mateo County Chapter, San Mateo, CA 1998 -1999 Grant Author, East Palo Alto Community Design Charrette1, underwritten by The American Architectural Foundation, Peninsula Community Foundation, and Rhone-Poulenc, Inc. 1997 -1999 ARB Representative, Public Safety Building Citizen's Advisory Committee, City of Palo Alto 1997 - 2003 Member, Architectural Review Board, City of Palo Alto, Planning & Community Environment 1996 - 2002 Regent -at -Large, California Architectural Foundation (administering the Mel Ferris Scholarship, and William Turnbull, Jr,, FAIA, Environmental Education Grant program.) 4. What is it about the Architectural Review Board that interests you? The ARB has the ability to influence the character and quality of the built -environment in Palo Alto. From the public's point of view, these two aspects appear subjective, however they bear on how our city is perceived, and ultimately the economic health, vitality, and value of our community. My desire to continue to serve our community, andhelp preserve and improve the quality of both our natural and man-made environment, leads me to share my .experienceas .a practicing .professional with. this board. What qualities, - experience - and expertise would you bring to the Architectural Review Board? My experience .over the lastdecade, including the last seven -and-a-half years as a member of the Planning & Transportation Commission and prior six years as a member of the City's Architectural Review Board, has laid the groundwork and a solid foundation for my understanding many of the city growth anddemand issues, and physical constraints our community is currently facing. I've reviewed hundreds of projects, and have become familiar with the current building inventory, and goals of developers and business owners in Palo Alto. Further, as a. member of the Rail Corridor Task Force, Library Bond Stakeholders Committee, Palo Alto/ Stanford Red Ribbon Taskforce for Disaster Preparedness, SoFA II Working Group, and Public Safety Citizen's Advisory Committee, I've interacted with interested citizens, business owners, and community leaders. These experiences continue to fuel my desire to continue to serve our community, to manage, preserve and improve the high quality of our natural and built environment, and to share my experience as a practicing professional. I believe my volunteer public service experience and point of view could significantly benefit this body. Seven years ago, prior to being appointed to the Planning & Transportation Commission, I served as an officer on the American Institute of Architects California Council (AIACC) Executive Committee, and participated in crafting and advancing the statewide .organization's Public Policy and Legislative Agenda in Sacramento. We've lobbied for, among others, affordable and transit oriented housing, livable . communities, sustainable design and energy -efficient buildings, and adequate public school environments. Before retiring from the AIACC board, I set in motion the statewide organization's plan for preparing, coordinating, and dealing with the aftermath of natural disasters, with the AIACC Disaster Preparedness Handbook; a model now being utilized by many other AIA components nationally. I continue to.serve on the AIACC Urban Design Task Force recommending policy. I 5. Discuss your viewpoint regarding current issues and challenges facing the Architectural Review Board. As buildings age, redevelopment, new construction, and building renovation ,are a natural evolutionary process. The most- difficult challenge the . ARB faces is. the integration of • new development ; into a rich and diverse architectural :environment. It is important torminimize projects °thatcan only be ,.,characterized , as ., "architectural blunders" and encourage design excellence, without constraining the hand of the, designer or imposing a personal aesthetic. 6. If appointed, what specific goals would you like to see the Architectural Review Board achieve? My goal would be to demystify the approval process, and achieve a level of predictability regarding a project's level of acceptance for applicants, and effectively communicate the City's design guidelines and development standards, and the process ARB uses to interpret them. Page 1 of 3 Gonsalves, Ronna That's great! I appreciate your reply. You will have the signed consent on your desk upon my return. I appreciate you not having me drive 24 miles round-trip to the nearest FedEx Office business center to fax the form. Yes, hurricane Irene breezed by South Carolina without any damage and minimal rain—. Ironically we are relaxing watching on DVD. Thank you, Lee I. Lippert, AIA, Architect Lippert & Lippert Design 580 Hawthorne Avenue Palo Alto, CA 94301-1211 650/323-5961 phone 650/323-2651 fax please consider the environment before printing this email. On the run... ❑ sent by iPhone. On Aug 31, 2011, at 2:27 PM, "Gonsalves, Ronna" <R.onn.a.Gon.sal:veS Ci ofPaloAlto.o.r > wrote: Thanks for the quick response Lee. I will not put your application in for the PTC and I will use the non -redacted version of your application for the ARB. Please just give me a copy of the signed consent form when you return. I hope the remainder of your vacation is enjoyable and hurricane free. Thanks! Ronna JoJola Gonsalves deputy City Clerk City of Palo Alto 650-329-22b7 9/6/2011 Page 2 of 3 From: Lee I. Lippert, AIA [mailto:llippert@sbcglobal.net] Sent: Wednesday, August 31, 2011 11:01 AM To: Gonsalves, Ronna Subject: Re: Boards and Commissions Application Ronna, Unfortunately, I'm on vacation on the east coast —in Hilton Head, Sc—and have very limited telephone/fax access. Since, my personal information and contact information is already on file and published in the city roster— is it okay if I sign the consent when I return after the Labor Day Holiday? None of the information had changed from that which is already on the public record. As a result it isn't necessary to redact my contact information. Since you have plenty of applicants for PTC, it isn't necessary to put my name forward for that body. I mailed the application, prior to your rely last week, when hurricane Irene here looked imminent. Thank you, Lee I. Lippert, AIA, Architect Lippert & Lippert Design 580 Hawthorne Avenue Palo Alto, CA 94301-1211 650/323-5961 phone 650/323-2651 fax please consider the environment before printing this email. On the run... ❑ sent by iPhone. On Aug 31, 2011, at 11:10 AM, "Gonsalves, Ronna" <Ronna.Gonsalves(CityofPaloAlto.org> wrote: I have received your application. The form you used is outdated, so it was missing a piece we now include with every application. Please complete the attached Consent form and return it to me as soon as possible so I know whether or not I need to redact your application before I send it to Council. I am processing your application for the ARB. I am still waiting to hear back from the City Attorney regarding the PTC application. I'll let you know as soon as I hear back from them regarding your eligibility to serve on that board. 9/6/2011 .4 CITY F PALO A T.o-.. A CITYCLERK'S OffIt 0 11 NOV 29 PM 12: 40 ARCHITECTURAL REVIEW BOARD CITY OF PALO ALTO BOARD AND COMMISSION APPLICATION SUBMIT TO: Office of the City Clerk 250 Hamilton Avenue, Palo Alto, CA 94301 (650) 329-2571 Please print or type answers to all questions and place N/A in those areas that do not apply. Be sure that you fill out the attached supplement and return it with your sinned application. NAME: McClure Brent HOME PHONE: Last First WORK PHONE: RESIDENCE ADDRESS: CELL PHONE: EMAIL: City State Zip F.chucation _ California Polytechnic State University, San Luis Obispo Bachelors of Architecture (5 year professional degree) Minor Fine Art List relevant training and experience, certificates of training, licenses, or professional registration: California Licensed Architect, License #C29230 exp 6/2013 Actively practicing as a Principal and Owner of Cody Anderson Wasney Architects in Palo Alto, CA Bds/Commissions — 702-23 8/31/2011 11 Yes No Palo Alto Resident? f I Li • Are you a • Do you have any relatives or members of your household who are employed by the City of Palo Alto, who are currently serving on the City Council, or who are board members or commissioners? I I L/ • available and committed to complete the term applied Are you P pPlied for? /'J • California state law requires appointed board and commission members to file a detailed disclosure of their financial interests, Fair Political Practices Commission, Conflict of Interest, Form 700. Do you have an investment in,.or do you serve as an officer or director of, a company doing business in Palo Alto which you believe is likely to; 1) engage in business with the City, 2) provide products or services for City projects, or 3) be affected board are applying for? by decisions of the or commission you If you answered yes, you may wish to consult with the City Attorney before filing this application. Please contact the City Attorney's Office at 650-329-2171. • Excluding your principal residence, do you own real property in Palo Alto or within two Palo Alto? [ j LI I miles of EMPLOYMENT Present or last employer ' Cody Anderson Wasne Architects, Inc. Occupation . A Name of Companyrchitect : . (If retired,- indicate former occupation) . Signature of Applicant , Date. 11/29/11 Bds/Commissions — 702-23 8/31/2011 CITY OF PALO ALTO ARCHITECTURAL REVIEW BOARD SUPPLEMENTAL QUESTIONNAIRE Please Return to: Office of the City Clerk 250 Hamilton Avenue Palo Alto, CA 94301 650-329-2571 Nye: Brent McClure Date: 11/29/11 Please print or type your answers to the following questions and submit with your completed application. You may submit additional sheets, if necessary, to complete your answers. 1. Have you attended the following meeting? Yes No Architectural Review Board [ ] (Date: ✓ 2. How did you Learn about the vacancy on the Architectural Review Board? Rotary Club:[I] Palo Alto Weekly:[I'] The Daily Post: LII] Email from City Clerk: AIA: Flyer/Bookmark: [II] Other, Please Specify.: Email Notice from Ronna Gonzales, Dep. City Clerk 3. Describe your involvement in community activities, volunteer and civic organizations: am presently active in other regional and statewide organizations that directly relate to architecture and education. I serve on the Statewide conference planning committee for the Coalition for Adequate School Housing (CASH). This state-wide organization promotes the development of K-12 schools throughout California. I also participate in the California Preservation Foundation, a state-wide foundation promoting preservation the of California's diverse cultural and architectural heritage. Other memberships include the American Institute for Architects (AIA) and the United States Green Building Council (USGBC). 4. What is it about the Architectural Review Board that interests you? What qualities, experience and expertise would you bring to the Architectural Review Board? See Attached. Bds/Commissions - 702-23 8/31/2011 5. How would you see your role as board member when recommending policy and working with the Council? If it were necessary to change current roles, how would you approach making such changes? See attached. 6. What are the current issues facing the Architectural Review Board? See attached. 7. 'If appointed, what specific goals would you like to see the Architectural Review Board achieve? See attached. Bds/Commissions - 702-23 8/31/2011 Palo Alto Architectural Review Board Application November 29, 2011 Brent McClure, AIA Page 1 of 2 The following are my responses to questions 4 through 7 for the application. 4. What is it about the Architectural Review Board that interests you? What qualities, experience, and expertise would you bring to the Architectural Review Board? To me, the architectural review board represents the convergence of community, development, the built environment, and governance, all at a local level. The board balances the abstract of planning regulations with the practicality of development projects seeking approvals. The Board hinges between the city staff, other boards and commissions, and the council to promote the orderly and harmonious development of the City. I believe that my personal and professional history, combined with my experience forms an excellent match for the open position on the Palo Alto Architectural Review Board. Over the course of my twenty year career as an architect, I have either lived or worked in Palo Alto, giving me both the perspective of resident and community member, as well as a practicing architect doing business in the community. I am currently a principal and owner of Cody .Anderson Wasney Architects, a twenty - person firm located in Palo Alto. For over seventeen years our firm has built a diverse practice including residential, educational, historic preservation, and community based projects in Palo Alto and throughout the greater Bay Area. Through my professional. experience, I am highly knowledgable about the Palo Alto development process and the role the ARB serves, as well as overall procedures for project development including CEQA. 5. How would you see your role as board member when recommending policy and working with the Council? If it were necessary to change current roles, how would you approach making such changes? I would see my job to balance thoughtful and appropriate development within Palo Alto while protecting and upholding the character of the community. As individual projects come forward for review, it is critical that all aspects of their thoughtful integration into the surrounding city infrastructure, aesthetic context, and planning regulations be carefully evaluated in an open and public forum. I see the role possibly reaching beyond the approval processes of individual projects to interface with city planners, the planning commission, and the city council to help the City evolve in a harmonious fashion. Palo Alto Architectural Review Board Application November 29, 2011 Brent McClure, AlA Page 2 of 2 6. What are the current issues facing the Architectural Review Board? I see different issues currently facing the ARB that are both specific and far reaching. There is always the ongoing residential neighborhood development, however there are other more complex areas of recent development effecting the city including: -Alma Plaza -The Children's Hospital and other areas around the Welch Road -Increased Development along Lytton along the edges of the University Ave Downtown area -Improvements to California Avenue -Future plans for Palo Alto Bowl With all of these projects, it is important that their development be reviewed in an open and transparent manner to ensure the surrounding public and community needs. 7. If appointed, what specific goals would you like to see the Architectural Review Board achieve? Specific goals that I would envision for the ARB include: -Improved integration and further enhancement of the Green Building Ordinance into the built environment. Palo Alto should continue to remain on the cutting edge of the environmental stewardship and sustainability. -Increased community awareness as to the development process and the role that the ARB plays to review projects. -Further integration with other boards and commissions within the city, city staff, and the council. Although the board is to operate as an independent, publicly appointed entity, enhanced communication between various city groups will ultimately benefit the city. City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 CONSENT FORM California Government Code Section 6254.21 states, in part, "No state or local agency shall post the home address or telephone number of any elected or appointed official on the Internet without first obtaining the written permission of that individual." The full code is attached. This .consent form will not be redacted and will be attached to the Application ,and posted to the City's website. Read the code, and check only ONE option below: L] I give permission for the City of Palo Alto to post to the City's website the attached Board and Commission Application intact. I have read and understand my rights under Government Code Section 6254.21. I may revoke this permission at any time by providing written notice to the Palo Alto City Clerk. OR L/! I Brent McClure request that the City of Palo Alto redact my home address, phone numbers, and email address from the attached Board and Commission Application prior to posting to the City's website. I am providing the. following alternate information and request that they use the following contact information instead. 455 Lambert Avenue, Palo Alto, CA Address 650-328-1818 Phone bmcclure8@yahoo.com Email na Date *The applicant mrFve a digital signature or print the application, sign in ink, and deliver to the City Clerks Office. A typed signature or unsigned application will not be accepted. Bds/Commissions - 702-23 8/31/2011 CALIFORNIA CODES GOVERNMENT CODE SECTION 6250-6270: http://www.leginfo.ca.gov 6254.21. (a) No state or local agency shall post the home address or telephone number of any elected or appointed official on the Internet without first obtaining the written permission of that individual. (b) No person shall knowingly post the home address or telephone number of any elected or appointed official, or of the official's residing spouse or child, on the Internet knowing that person is an elected or appointed official and intending to cause imminent great bodily harm that is likely to occur or threatening to cause imminent great bodily harm to that individual. A violation of this subdivision is a misdemeanor. A violation of this subdivision that leads to the bodily injury of the official, or his or her residing spouse or child, is a misdemeanor or a felony. (c) (1) (A) No person, business, or association shall publicly post or publicly display on the Internet the home address or telephone number of any elected or appointed official if that official has made a written demand of that person, business, or association to not disclose his or her home address or telephone number. (B) A written demand made under this paragraph by a state constitutional officer, a mayor, or a Member of the Legislature, a city council, or a board of supervisors shall include a statement describing a threat or fear for the safety of that official or of any person residing at the official's home address. (C) A written demand made under this paragraph by an elected official shall be effective for four years, regardless of whether or not the official's term has expired prior to the end of the four-year period. (D) (i) A person, business, or association that receives the written demand of an elected or appointed official pursuant to this paragraph shall remove the official's home address or telephone number from public display on the Internet, including information provided to cellular telephone applications, within 48 hours of delivery of the written demand, and shall continue to ensure that this information is not reposted on the same Internet Web site, subsidiary site, or any other Internet Web site maintained by the recipient of the written demand. (ii) After receiving the elected or appointed official's written demand, the person, business, or association shall not transfer the appointed or elected official's home address or telephone number to any other person, business, or association through any other medium. (iii) Clause (ii) shall not be deemed to prohibit a telephone corporation, as defined in Section 234 of the Public Utilities Code, or its affiliate, from transferring the elected or appointed official's home address or telephone number to any person, business, or association, if the transfer is authorized by federal or state law, regulation, order, or tariff, or necessary in the event of an emergency, or to collect a debt owed by the elected or appointed official to the telephone corporation or its affiliate. (E) For purposes of this paragraph, "publicly post" or "publicly display" means to intentionally communicate or otherwise make available to the general public. (2) An official whose home address or telephone number is made public as a result of a violation of paragraph (1) may bring an action seeking injunctive or declarative relief in any court of competent jurisdiction. If a court finds that a violation has occurred, it may grant injunctive or declarative relief and shall award the official court costs and reasonable attorney's fees. A fine not exceeding one thousand dollars ($1,000) may be imposed for a violation of the court's order for an injunction or declarative relief obtained pursuant to this paragraph. (3) An elected or appointed official may designate in writing the official's employer, a related governmental entity, or any voluntary professional association of similar officials to act, on behalf of that official, as that official's agent with regard to making a written demand pursuant to this section. A written demand made by an agent pursuant to this paragraph shall include a statement describing a threat or fear for the safety of that official or of any person residing at the official's home address. (d) (1) No person, business, or association shall solicit, sell, or trade on the Internet the home address or telephone number of an elected or appointed official with the intent to cause imminent great bodily harm to the official or to any person residing at the official's home address. (2) Notwithstanding any other law, an official whose home address or telephone number is solicited, sold, or traded in violation of paragraph (1) may bring an action in any court of competent jurisdiction. If a jury or court finds that a violation has occurred, it shall award damages to that official in an amount up to a maximum of three times the actual damages but in no case less than four thousand dollars ($4,000). (e) An interactive computer service or access software provider, as defined in Section 230(f) of Title 47 of the United States Code, shall not be liable under this section unless the service or provider intends to abet or cause imminent great bodily harm that is likely to occur or threatens to cause imminent great bodily harm to an elected or appointed official. (f) For purposes of this section, "elected or appointed official" includes, but is not limited to, all of the following: (1) State constitutional officers, 2) Members of the Legislature, (3) Judges and court commissioners, (4) District attorneys, (5) Public defenders, (6) Members of a city council, (7) Members of a board of supervisors, (8) Appointees of the Governor, (9) Appointees of the Legislature, (10) Mayors, (11) City attorneys, (12) Police chiefs and sheriffs, (13) A public safety official, as defined in Section 6254.24, (14) State administrative law judges, (15) Federal judges and federal defenders, (16) Members of the United States Congress and appointees of the President. (g) Nothing in this section is intended to preclude punishment instead under Sections 69, 76, or 422 of the Penal Code, or any other provision of law. Bds/Commissions - 702-23 8/31/2011 t 0 d/r' LL p PH 1:3 ARCHITECTURAL REVIEW BOARD CITY OF PALO ALTO BOARD AND COMMISSION APPLICATION SUBMIT TO: Office of the City Clerk 250 Hamilton Avenue, Palo Alto, CA 94301 (650) 329-2571 Please print or type answers to all questions and place N/A in those areas that do not apply. Be sure that you fill out the attached supplement and return it with your sivied application. NAME: Pearce Richard . HOME PHONE: : 650. %5-2876 Last First 1 O 352 -5 1 7 WORK PHONE: _____________ .....................:...........:... RESIDE CE 1081 Tiller Lane CELL PHONE: 910 352-8517 ADDRESS: Street 1vtAIL: pgarch©pearce-aia.com Foster City California 94404 City State Zip Education: EDUCATION: B.5., Architecture, California Polytechnic State University, San Luis Obispo, CA, List relevant training and experience, certificates of traininlicenses, or professional registration: Registered Architect - North Carolina, South Carolina (Inactive), California. Member of the American Institute of Architects (A.t.A.). NCARB Registered Architect. Served on the Cityof Novato, California Architectural Design Review Boardfrom 1989 through, 1991. • Designed and provided construction doarments and construction managernertt for Merin County, CA Sheriffs Department min rn security jait and jail annex. • Developed Master Plan for 2500acreswithltiO planned residences in San Geronimo, CA. • Designed and proms construction is and construction manage rut f'or a 10, square t audition to the nort+prof t Novato Youth Center in Novato, CA. • Pa�a, . -- pers�nauyouin person m m -From 1981 tlwoughpresent,designed,providedgonstnirtiondocuments. andforfuliuiiled otter significant rotes in tt'>e production of over 36 singlee-family custom residences ire CA, NC, and SC. Yes No • Are you a Palo Alto Resident? • Do you have any relatives or members of your household who are employed by the City of Palo Alto, who are currently serving on the City Council, or who are board members or commissioners? •available and committed to complete the term applied for? 1/' _____ Are you av e e p pp • California state law requires appointed board and commission members to file a detailed disclosure of their financial interests, Fair Political Practices Commission, Conflict of Interest, Form 700. Do you have an investment in, or do you serve as an officer or director of, a company doing business in Palo Alto which you believe is likely to; 1) engage in business with the City,. 2) provide products or services for City projects,. or 3) be affected by decisions of the board or commission you are a _ lying for? Ifyou answered yes, you may wish to consult with the City Attorney before filing this plication. Please contact the City Attorney's Office at 650-329-2171. • Excluding your principal residence, do you own real property in Palo Alto or within two miles of Palo Alto? EMPLOYMENT Present or last employer Pearce ArchitectureArchitect Name cif Cann y: E3ccug�tta�: Signature of Applicant U/ Date: (If retired, indicate former occupation) CITY OF PALO ALTO ARCHITECTUIiAI. REVIEW BOARD SUPPLEMENTAL QU-ESTIONNAIRE Please Return to: Office of the City Clerk 250 Hamilton Avenue Palo Alto, CA 94301 650329-257 I Name: Richard W Pearce Date: 04 August 2011 Please print or type your- answers to the following questions and submit with your completed application. You may submit additional sheets, if necessary, to complete your answers. 1. Have you attended the following meeting? Yes No • Architectural Review Board (Date: X 2. How did you Learn about the vacancy on the Architectural Review Board? Rotary Club: ______ Palo Alto Weekly: ______ Palo Alto Weekly Online: - Email from City Clerk: Other, Please Specify: ALA SMG EMAIL AiA. Yes Fogster.com. Describe your involvement in community activities, volunteer and civic organizations: ROTARY PRESIDENT 1990 IACIO ROTARY NOVATO CALIFORNIA CHAMBER OF COMMERCE ROTARY INTERNATIONAL WILMINGTON NORTH CAROLINA BRUNSWICK COUNTY NC. BUILDERS EXCHANGE 4. What is it about the Architectural Review Board that interests you? What qualities, experience and expertise would you bring to the Architectural Review Board? Architecture is my life. I have served on. the City of Novato's Design Review Board headedthe Design Review Board for the Subdivision I lived in North Carolina Lockwood I am a licensed Architect in Califomia,hlorth Carolina, and South Carolina. 5. How would you see your role as board member when recommending policy and working with the Council? If it were necessary to change current rotes, how would you approach making such changes? I am an advocate of good and well thought-out Architecture in our environment.. Arthttecture effects peop. a in a positive way wTien well planned. f. What are the current issues_ facing the Architectural Review Board? I am truly not sure what the issues are but I would diligently involve myself finding out the -issues and a re oping appropriate responses to them. 7. If appointed, what specific goals would you like to see the Architectural Review Board achieve? Well thought-out design compatible with the City of PaloAlto's vision. City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 X I have read and understand my rights under Government Code Section 6254.21... I wish to provide my written permission to the City of Palo Alto to post my home address and telephone number on the City's website., I may revoke this permission at any time by providing written notice to the Palo Alto City Clerk, I do not give permission for the city of Palo Alto to post my home address, telephone number, and email to the internet and request that they use the following contact information instead. Richard W Pearce Address Phone 910 352 517 Email cadjJ eav 2ofl rint Na e Date ig ture CALIFORNIA CODES GOVERNMENT CODE SECTION 6250-6270: http//www.leginfo.ca.gov 6254.21. (a) No state or local agency shall post the home address or telephone number of any elected or appointed official on the Internet without first obtaining the written permission of that individual. (b) No person shall knowingly post the home address or telephone number of any elected or appointed official, or of the official's residing spouse or child, on the Internet knowing that person is an elected or appointed official and intending to cause imminent great bodily harm that Is likely to occur or threatening to cause imminent great bodily harm to that individual. A violation of this subdivision is a misdemeanor.. A violation- of this subdivision- that leads to- the bodily injury of the official, or his or her residing spouse or child, is a misdemeanor or a felony. (c) (1) (A) No person, business, or association shall publicly post or publicly display on the Internet the home address or telephone number of any elected or appointed official if that official has made a written demand of that person, business, or association to not disclose his or her home address or telephone number. (B) A written demand made under this paragraph by a state constitutional officer, a mayor, or a Member of the Legislature, a city council, or a board of supervisors shall include a statement describing a threat or fear for the safety of that official or of any person residing at the official's home address. (C) A written demand made under this paragraph by an elected official shall be effective for four years, regardless of whether or not the official's term has expired prior to the end o€ the four-year period. (©) (1) A person, business, or association that receives the written demand of an elected or appointed official pursuant to this paragraph shall remove the official's home address or telephone number from public display on the Internet, including information provided to cellular telephone applications, within 48 hours of delivery of the written demand, and shall continue to ensure that this information is not reposted on the same Internet Web site, subsidiary site, or any other Internet Web site maintained by the recipient of the written demand. (ii.) After receiving the elected or appointed official's written demand, the person, business, or association shall not transfer the appointed or elected official's home address or telephone number to any other person, business, or association through any other medium. (iii) Clause (ii) shall not be deemed to prohibit a telephone corporation, as defined in Section 234 of the Public Utilities Code, or its affiliate, from transferring the elected or appointed official's home address or telephone number to any person, business, or association, if the transfer is authorized by federal or state law, regulation, order, or tariff, or necessary in the event of an emergency, or to collect a debt owed by the elected or appointed official to the telephone corporation or its affiliate. (E) For purposes: of this paragraph, "publicly post" or "publicly display" means to intentionally communicate or otherwise make available to the general public. (2) An official whose home address or telephone number is made public as a result of a violation of paragraph (1) may bring an action seeking injunctive or declarative relief in any court of competent jurisdiction. If a court finds that a violation has occurred, it may grant injunctive or declarative relief and shall award the official court costs and reasonable attorney's fees. A fine not exceeding one thousand dollars ($1,000) may be imposed for a violation of the court's order for an injunction or declarative relief obtained pursuant to this paragraph. (3) An elected or appointed official may designate in writing the official's employer,- a related governmental entity, or any voluntary professional association of similar officials to act, on behalf of that official, as that official's agent with regard to making a written demand pursuant to this section. A written demand made by an agent pursuant to this paragraph shall include a statement describing a threat or fear for the safety of that official or of any person residing at the official's home address. (d) (1) No person, business, or association shall solicit, sell, or trade on the Internet the home address or telephone number of an elected or appointed official with the intent to cause imminent great bodily harm to the official or to any person residing at the official's home address. (2) Notwithstanding any other law, an official whose home address or telephone number is solicited, sold, or traded in violation of paragraph (1) may bring an action in any court of competent jurisdiction. If a jury or court finds that a violation has occurred, it shall award damages to that official in an amount up to a maximum of three times the actual damages but in no case less than four thousand dollars ($4,000). (e) An interactive computer service or access software provider, as defined in Section 230(f) of Title 47 of the United States Code, shall not be liable under this section unless the service or provider intends to abet or cause imminent great bodily harm that is likely to occur or threatens to cause imminent great bodily harm to an elected or appointed official. (f) For purposes of this section, "elected or appointed official" includes, but is not limited to, all of the following: (1) State constitutional officers, 2) Members of the Legislature, (3) Judges and court commissioners, (4) District attorneys, (5) Public defenders, (6) Members of a city council, (7) Members of a board of supervisors, (8) Appointees of the Governor,. (9) Appointees of the Legislature, (10) Mayors, (11) City attorneys, (12) Police chiefs and sheriffs, (13) A public safety official, as defined in Section 6254.24, (14) State administrative law judges, (15) Federal judges and federal defenders, (16) Members of the United States Congress and appointees of the President. (g) Nothing in this section is intended to preclude punishment instead under Sections 69, 76, or 422 of the Penal Code, or any other provision of law. RESUME OF RICHARD W PEAkRCi" ') ARCHITECT SUMMARY: A licensed architect in California, North Carolina, and South Carolina with over 30 years' experience in residential and commercial projects. EXPERIENCE: 2002 — 2010 in private practice as Pearce Architecture PC in Wilmington and Supply, NC (Holden Beach) 1996 — 2002: Co-founded Pearce -Goodrich Architects in Wilmington, NC, an architectural services partnership specializing in administrative, professional, commercial, and single and multi family residential projects. 1991 4996: Relocated to eastern NC and established private practice in Wilmington, NC. 1983 --1991.: co-founded Arch -Tech in. Novato, CA, an architectural services partnership specializing in administrative, professionals commercial, and single and multi -family residen=tial projects. 1981 1983: Architect/Architect Intern with TWM. Trefinger Walz and McLeod San Rafael Ca. 1980— 1981: Phillip Ladd Architect Intern /draftsperson Mountain View Ca. 1979— 1980: Ehrlich & Rominger intern architect/draftsperson Palo Alto Ca. Prior experience: installing and maintaining tracking instrumentation and software in the aerospace industry,. ACCOMPLISHMENTS: In 1984, purchased my first version of AutoCAD and implemented architectural drawing data base for production and ongoing maintenance of architectural plans. Highly experienced with AutoCAD Architecture 2010 and previous versions of AutoCAD. Served on the City of Novato, CA Architectural Design Review Board from 1989 through 1991. Successfully established long-term relationships with clients in CA and NC, including numerous repeat engagements. MAJOR PROJECTS: Pearce Architecture PC • Designed and provided construction documents and construction management for Brunswick County Association of Realtors Headquarters, a 15,E sq. ft. combination office and assembly building for local .events. Construction completed 2008 Construction Cost: $3,400,000 • Designed and provided construction documents and construction management for St. James, NC fire station. • 4000 sq. ft. 3 bay extension to existing fire station (Pearce original project as Pearce Goodrich Architecture) +► Designed and provided construction documents for Midas Retail leasable commercial building in Carolina Beach, C. 12,000 sq. ft. retail lease space with Midas automotive anchor. Under construction 2009. • Designed and provided construction documents and construction management for St. James the Fisherman Episcopal Church educational wing addition in Shallotte, NC. Construction completed in 2003. • Designed and provided construction documents for a new Chevrolet dealership in Mebane, NC. Con st .ruction completed in 2003. * Designed and provided construction documents for an 18,E sq ft ice skating rink in Wilmington, NC. * Designed and provided construction documents and construction management for Granny's Daycare in Wilmington, NC. 9,000 sq. ft. pre-school and after-schoal daycare facility. 1081 TELLER LANE FOSTER CITY CALIFORNIA 94404 650 585-2876 CALIFORNIA 910 352-8517 MOBILE 910 452-0430 NORTH CAROLINA e-mail pgarch@pearce-aia.com Web Page http://pearce-aia.com PRESUME OF RICHARD W PEARCF l ARCHITECT • Designed and provided construction documents and construction management for a 6,000 sq. ft. lease -space building ,in Wilmington, NC. Part of the leased space was designed for use as a state -sanctioned learning center for hearing impaired children. • Designed and provided construction documents and construction management for rehabilitation of an existing 24,000 sq. ft. building for the Expostar headquarters in Wilmington, NC. Construction cost: $2,000,000. • Designed and developed 4 townhomes for speculation in the Lockwood Folly Country Club golf course/waterway community, doing business as Southern Pacific Ventures LLC in Hoiden Beach, NC. Construction completed 2007. Construction Cost: $1,700,000 Pearce Goodrich Architecture PC, Wilmington, NC (Richard Pearce projects) • Designed and provided construction documents and construction management for 12 unit townhouse project on Holden Beach, NC. 0 Designed and developed the Pearce Goodrich Architecture office in Wilmington, NC, doing business as PLR, LLC. • Designed and provided construction documents, and construction management of 5 story/ 48 unit condominium project ($6 million construction cost) at Ocean Isle Beach, NC. • Designed and provided construction documents and construction management for St. James, NC 10,000 sq. ft. city administration office and fire station. • Designed and provided construction documents and construction management for a 28 -unit condominium complex at Ocean Isle Beach, NC. • Designed and provided construction documents and construction management for the 14,000 sq. ft.. Ocean -Aire IGA grocery store in Ocean isle Beach, NC. Arch --Tech, Novato, CA • Designed and provided construction documents and construction management for Marin County, CA Sheriffs Department minimum security jail and jail annex. • Developed Master Plan for 2,500 acres With 160 planned residences in San Ceronimo, CA. • Designed and provided construction documents and construction management for a 10,000 square foot addition to the non-profit Novato 'youth Center in Novato, CA. • Planned, designed and personally built four personal residences 3 in California I in North Carolina. • From 1981 through present, designed, provided construction documents, and/or fulfilled other significant roles in the production of over 35 single-family custom residences in CA, NC, and SC. PROFESSIONAL: Registered Architect - North Carolina, South Carolina (Inactivel, California. Member of the American. Institute of Architects (A.IA.). NCARB Registered Architect. Licensed General Building Contractor (inactive) - California. EDUCATION: B.S., Architecture, California Polytechnic State University, San Luis Obispo, CA,1978. 1081 TILLER LANE FOSTER CITY CALIFORNIA 94404 650 585-2876 CALIFORNIA 910 352-8517 MOBILE 910 452-0430 NORTH CAROLINA e-mail pgarch@pearce-aia.com Web Page http.1/pearce-aia.com OF PALO City of Palo Alto City Council Staff Report 11 Report Type: Consent Calendar (ID # 2102) Meeting Date: 1/23/2012 Summary Title: Sign Inventory & Retroreflectivity Analysis BAO Title: Adoption of a Budget Amendment Ordinance in the Amount of $13,600 and Approval of a Contract with TJKM in a Total Amount Not -to -Exceed $163,600 for Professional Services for a City-wide Sign Inventory and Retroreflectivity Analysis Project (CIP PO -11000) From: City Manager Lead Department: Public Works Recommendation Staff recommends that Council: 1. Adopt a Budget Amendment Ordinance (BAO) to add funding from the Infrastructure Reserve in the amount of $13,600 (Attachment A) for the Sign Reflectivity Upgrade Capital Improvement Program project PO -11000; 2. Authorize the City Manager or his designee to execute the attached contract with TJKM Transportation Consultants (Attachment B) in the amount of $148,700 to provide traffic sign inventory, retroreflectivity analysis, and other professional services for the Capital Improvement Program project PO -11000 (RFP-143098, Sign Inventory and Retroreflectivity Analysis); and 3. Authorize the City Manager or his designee to negotiate and execute one or more change orders to the contract with TJKM Transportation Consultants (TJKM) for related, additional services as specified in the contract, the total value of which shall not exceed $14,900. Executive Summary The attached contract with TJKM is to provide sign inventory and assess city traffic signs, update Geospatial Information System (GIS) database, develop a sign retroreflectivity program, prepare a sign replacement plan, prepare a sign assessment report, and progress meetings. Background The City of Palo Alto has an estimated 7,500 guide, regulatory, warning, and street name signs to be inventoried by this project. The majority of these signs are located alongside the nearly 200 miles of City streets, with the remaining signs located within various City facilities, including libraries, pools, parking structures, parks and preserves. The City is now required to maintain minimum levels of retroreflectivity for most of these signs. Signs that are exempt from minimum retroreflectivity levels will still be inventoried for asset management purposes. January 23, 2012 Page 1 of 4 (ID#2102) Retroreflectivity is the ability of a material to return light directly back towards its source. Bicycle reflectors are a similar example of this material property. Signs are coated with beaded or prismatic sheeting to achieve this property. Retroreflectivity makes signs more visible at night when illuminated by vehicle headlights. The second revision to the 2003 Manual on Uniform Traffic Control Devices (MUTCD) established minimum retroreflectivity levels that must be maintained on most road signs. MUTCD is the national standard for all traffic control devices on all roads that are open to public travel. This project is the first step toward achieving compliance with updated MUTCD standards. The inventory of these traffic signs will give the City a valuable database for long-term monitoring and maintenance. It will also enable the City to begin compliance with the Federal Highway Administration's Minimum Levels of Retroreflectivity Ruling for traffic signs, which became effective on January 22, 2008. From the effective date, agencies have: 1) Four years to implement and continue using an assessment or management method to maintain traffic sign retroreflectivity at or above the established minimum levels. 2) Seven years for replacement of regulatory, warning and ground -mounted signs (except street -name signs) that fail to meet the established minimum levels. 3) Ten years for replacement of street name signs and overhead guide signs that fail to meet the established minimum levels. This project is meant to comply with the first item above which requires the implementation begin by Januay 22, 2012. A recent proposed amendment to MUTCD may extend these compliance dates by 2 more years. The amendment was not effective as of the date of this staff report. The comment period on the proposed amendment closed on October 31, 2011. The project is still necessary, and staff believes complying with the original deadlines is prudent for public safety reasons. If the new MUTCD amendment is finalized, the additional 2 years will provide Palo Alto with more time to complete items 2 and 3 above. Discussion The scope of work to be performed under this contract provides for the inventory and retroreflectivity analysis for most of the regulatory, warning, and street name signs located within the City limits. Summary of Solicitation Process Proposals for the Request for Proposal (RFP) were received from six firms. The proposal amount ranged from a high of $148,700 to a low of $106,800. An evaluation committee consisting of staff from the divisions of Public Works (Engineering Services and Public Services) reviewed the proposals. The committee carefully reviewed each firm's qualifications and submittal in response to the criteria identified in the RFP. The criteria used to evaluate the proposing firms January 23, 2012 Page 2 of 4 (ID # 2102) included: Quality and completeness of proposal; quality, performance, and effectiveness of the solutions; proposer's experience; cost; proposer's financial stability; proposer's ability to perform the work within the time specified; proposer's prior record of performance with the City; and proposer's compliance with applicable laws and regulations. TJKM was selected because of its thorough understanding of the City's requested services presented in the RFP; have completed nearly 50 similar projects; communicated with Geodesy of San Francisco to get familiar with the City's current inventory database software, and proposed to work with Geodesy during the life of the project to ensure smooth implementation of the new data into the City's existing inventory software. The proposed cost from TJKM was comparable to 4 of the other proposals that ranged upwards from $139,000. One proposal did not provide a cost estimate, and the lowest cost proposal was based on a drive -by inventory approach that did not meet the requirements of the request for proposals. Description Number Proposed Length of Project: 120 days Total Days to Respond to Proposal: 27 days Number of Proposals Received: 6 Company Name Location (City, State) 1. TJKM Transportation Consultants Pleasanton, CA 2. 3M Traffic Safety Systems St. Paul, MN 3. Bellecci & Associates, Inc. Pleasanton, CA 4. DeAngelo Brothers, Inc. Hazleton, PA 5. D & M Traffic Services Santa Clara, CA 6. Mid -West GIS Quincy, IL Range of Proposal Amounts Submitted $106,800 to $148,700 Resource Impact Funding of $150,000 for this contract is available in the FY 2012 Capital Improvement Program project PO -11000. The Budget Amendment Ordinance is necessary to appropriate additional funds of $13,600 from the Infrastructure Reserve to provide the standard 10% contingency amount for additional services that may be necessary. The Infrastructure Reserve balance will decrease to $3,055,567. Policy Implications Recommendations of this staff report will allow the City to comply with the Federal Highway Administration's Minimum Levels of Reflectivity Ruling for traffic signs that went into effect on January 22, 2008. Once fully implemented within the next few years, all traffic signs in the City will be in full compliance with the new federal regulations, and allow our City traffic signs to be more effective than their current state. Environmental Review The award of this contract, Sign Inventory and Retroreflectivity Analysis, is not a project under Section 21065 of the California Environmental Quality Act. January 23, 2012 Page 3 of 4 (ID # 2102) Attachments: • Attachment A: Budget Amendment Ordinance (PDF) • Attachment B: S12143098_TJKM-signed contract (PDF) Prepared By: Department Head: City Manager Approval: Matt Raschke, Senior Engineer J. Michael Sartor, Director ?Jaeseene, City Man January 23, 2012 Page 4 of 4 (ID#2102) Attachment A ORDINANCE NO.xxxx ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR FISCAL YEAR 2012 TO PROVIDE AN ADDITIONAL APPROPRIATION OF $13,600 TO CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT PO -11000, SIGN REFLECTIVITY UPGRADE The Council of the City of Palo Alto does ordain as follows: SECTION 1. The Council of the City of Palo Alto finds and determines as follows: A. Pursuant to the provisions of Section 12 of Article III of the Charter of the City of Palo Alto, the Council on June 20, 2011 did adopt a budget for fiscal year 2012; and B. In fiscal years 2011 and 2012, the Council appropriated a total of $150,000 for CIP project PO -11000, Sign Reflectivity Upgrade, to inventory, upgrade, and maintain all City -owned traffic signs in compliance with federal regulations for sign reflectivity standards; and C. TJKM Transportation Consultants was selected to perform the inventory and reflectivity analysis for traffic signs within the City limits at a cost of $148,700; and D. Additional funding of $13,600 from the Infrastructure Reserve is needed to provide the standard ten percent contingency amount for additional services that may be necessary; and E. City Council authorization is needed to amend the 2012 budget as hereinafter set forth. SECTION 2. The sum of Thirteen Thousand Six Hundred Dollars ($13,600) is hereby appropriated to CIP Project Number PO -11000, Sign Reflectivity Upgrade. SECTION 3. Thirteen Thousand Six Hundred Dollars ($13,600) is hereby transferred from the Capital Fund Infrastructure Reserve, leaving a balance of $3,055,567. SECTION 4. As specified in Section 2.28.080(a) of the Palo Alto Municipal Code, a two-thirds vote of the City Council is required to adopt this ordinance. SECTION 5. Sign inventory and reflectivity analysis do not meet the California Environmental Quality Act's definition of a project pursuant to Public Resources Code Section 21065, and therefore, no environmental review is required. SECTION 6. As provided in Section 2.04.330 of the Palo Alto Municipal Code, this ordinance shall become effective upon adoption. INTRODUCED AND PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST: APPROVED: City Clerk APPROVED AS TO FORM: Mayor City Manager Director of Public Works Director of Administrative Services CITY OF PALO ALTO CONTRACT NO. S12143098 AGREEMENT BETWEEN THE CITY OF PALO ALTO AND TJKM TRANSPORTATION CONSULTANTS FOR PROFESSIONAL SERVICES This Agreement is entered into on this day of January, 2012, ("Agreement") by and between the CITY OF PALO ALTO, a California chartered municipal corporation ("CITY"), and TJKM TRANSPORTATION CONSULTANTS, a California S Corporation with offices located at 3875 Hopyard Road, Suite 200, Pleasanton, CA 94588-8526 ("CONSULTANT"). RECITALS The following recitals are a substantive portion of this Agreement. A. • CITY intends to obtain an inventory and a retroreflectivity compliance assessment of city - owned signs ("Project") and desires to engage a consultant to conduct the sign inventory, update the City GIS, assess the signs for retroreflectivity, prepare a monitoring plan, prepare a replacement plan, and prepare an assessment report in connection with the Project ("Services"). B. CONSULTANT has represented that it has the • necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services. C. CITY in reliance on these representations desires to engage CONSULTANT to provide the Services as more fully described in Exhibit "A", attached to and made a part of this Agreement. NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, contained in this Agreement, the parties agree: AGREEMENT SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in Exhibit "A" in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY. ❑ Optional On -Call Provision (This provision only applies if checked and only applies to on -call agreements.) Services will be authorized by the City, as needed, with a Task Order assigned and approved by the City's Project Manager. Each Task Order shall be in substantially the same form as Exhibit A-1. Each Task Order shall designate a City Project Manager and shall contain a specific scope of work, a specific schedule of performance and a specific compensation amount. The total price of all Task Orders issued under this Agreement shall not exceed the amount of Compensation set forth in Section 4 of this Agreement. CONSULTANT shall only be compensated for work performed under an authorized Task Order and the City may elect, but is not required, to authorize work up to the maximum compensation amount set forth in Section 4. Rev. June 2, 2010 SECTION 2. TERM. The term of this Agreement shall be from the date of its full execution through completion of the services in accordance with the Schedule of Performance attached as Exhibit "B" unless terminated earlier pursuant to Section 19 of this Agreement. SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit "B", attached to and made a part of this Agreement. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT. CITY's agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault of CONSULTANT. SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit "A", including both payment for professional services and reimbursable expenses, shall not exceed one hundred forty-eight thousand seven hundred Dollars ($148,700). In the event Additional Services are authorized, the total compensation for services and reimbursable expenses shall not exceed fourteen thousand nine hundred Dollars ($14,900). The applicable rates and schedule of payment are set out in Exhibit "C", entitled "Compensation," which is attached to and made a part of this Agreement. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit "C". CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described in Exhibit "A". SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the services performed and the applicable charges (including an identification of personnel who performed the services, hours worked, hourly rates, and reimbursable expenses), based upon the CONSULTANT's billing rates (set forth in Exhibit "C-1 "). If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT's payment requests shall be subject to verification by CITY. CONSULTANT shall send all invoices to the City's project manager at the address specified in Section 13 below. The City will generally process and pay invoices within thirty (30) days of receipt. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be performed by CONSULTANT or under CONSULTANT's supervision. CONSULTANT represents that it possesses the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT represents that it, its employees and subconsultants, if permitted, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All of the services to be furnished by CONSULTANT under this agreement shall meet the Professional Services Rev. June 2, 2010 2 \\Cc-terrs\shared\ASD\PURCH\8O1,ICITATIONS\CURRENT BUYER -C _M FOLDERS\PW - JOHN M\Contracts\S 12143098 I M, Sigg_iaage- Inv.-Retroreflec\TJKM PROF SERVICES Contract - January 2012. Final.duc. City SER\ DESI, professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances. SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to perform Services under this Agreement. CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services. SECTION 8. ERRORS/OMISSIONS. CONSULTANT shall correct, at no cost to CITY, any and all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives notice to CONSULTANT. If CONSULTANT has prepared plans and specifications or other design documents to construct the Project, CONSULTANT shall be obligated to correct any and all errors, omissions or ambiguities discovered prior to and during the course of construction of the Project. This obligation shall survive termination of the Agreement. SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULTANT shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds ten percent (10%) of the CITY's stated construction budget, CONSULTANT shall make recommendations to the CITY for aligning the PROJECT design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY. SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in performing the Services under this Agreement CONSULTANT, and any person employed by or contracted with CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an independent contractor and not an agent or employee of the CITY. SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT's obligations hereunder without the prior written consent of the city manager. Consent to one assignment will not be deemed to be consent to any subsequent assignment. Any assignment made without the approval of the city manager will be void. SECTION 12. SUBCONTRACTING. ❑Option A: No Subcontractor: CONSULTANT shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the city manager or designee. ElOption B: Subcontracts Authorized: Notwithstanding Section 11 above, CITY agrees that subconsultants may be used to complete the Services. The subconsultants authorized by CITY to perform work on this Project are: SER\ DESD Professional Services Rev. June 2, 2010 3 \1Cc-terra\shared\ASD\PURCH\SOLICIfATIONS\C[JRRENT BUYER-C.,Y1 FOLDERSIPW - JOHN M\Contracts\S 12143098 TJKM, Inv.-Retroreflec\TJKM PROF SERVICES Contract - January 2012. Final.do�. National Data & Surveying Services (NDS) CONSULTANT shall be responsible for directing the work of any subconsultants and for any compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of the city manager or his designee. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Chris D. Kinzel, P.E. as the project manager to have supervisory responsibility for the performance, progress, and execution of the Services and Andrew Kluter, P.E. as the deputy project manager to represent CONSULTANT during the day-to-day work on the Project. If circumstances cause the substitution of the project director, project coordinator, or any other key personnel for any reason, the appointment of a substitute project director and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY's project manager. CONSULTANT, at CITY's request, shall promptly remove personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property. The City's project manager is Steve Banks, Manager of Maintenance and Operations, Public Works Department, Public Services Division, P.O. Box 10250 Palo Alto, CA 94303, Telephone: 650-496- 5932. The project manager will be CONSULTANT's point of contact with respect to performance, progress and execution of the Services. The CITY may designate an alternate project manager from time to time. SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work products, including without limitation, all writings, drawings, plans, reports, specifications, calculations, documents, other materials and copyright interests developed under this Agreement shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if any, shall make any of such materials available to any individual or organization without the prior written approval of the City Manager or designee. CONSULTANT makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work. SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time during the term of this Agreement and for three (3) years thereafter, CONSULTANT's records pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and retain such records for at least three (3) years after the expiration or earlier termination of this Agreement. SECTION 16. INDEMNITY. Q[Option A applies to the following design professionals pursuant to Civil Code Section Dele 2782.8: architects; landscape architects; registered professional engineers and licensed City SEM DES1, Professional Services Rev. June 2, 2010 4 \\Cc-terra\ahared\ASD\PLJRCH\SOLIC1'TAT1ONs`,CURRENTBUYER-CM FOLDERS\PW - JOHN MCContracts\S12143098 1JKM S__ drag Tnv.-Retroreflec\TJ1{ill. PROF SERVICES Contract - January 2012. Final.do4. professional land surveyors.] 16.1. To the fullest extent permitted bylaw, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an "Indemnified Party") from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements ("Claims") that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. ❑ [Option B applies to any consultant who does not qualify as a design professional as defined in Civil Code Section 2782.8.] 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an "Indemnified Party") from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements ("Claims") resulting from, arising out of or in any manner related to performance or nonperformance by CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. 16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to indemnify an Indemnified Party from Claims arising from the active negligence, sole negligence or willful misconduct of an Indemnified Party. 16.3. The acceptance of CONSULTANT's services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive the expiration or early termination of this Agreement. SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation of the same or of any other term, covenant, condition, provision, ordinance or law. SECTION 18. INSURANCE. 18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit "D". CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies. 18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best's Key Rating Guide ratings of A -:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional Professional Services Rev. June 2, 2010 5 \\Cc-terra\shared\ASD\PURCH\SOLICITATIONS\CURRENT BUYER-Civ1 FOLDERS\PW - JOHN M\Conh•acts\S 12143098'1JKM1, Siffiaae Inv.-Retroreflec\TJKIvi PROF SERVICES Conti -act - January 2012. Final.doG Dele ri City C SERS DESK insured under such policies as required above. 18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. The certificates will be subject to the approval of CITY's Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification, CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY's Purchasing Manager during the entire term of this Agreement. 18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired. SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES. 19.1. The City Manager may suspend the performance of the Services, in whole or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written notice thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will immediately discontinue its performance of the Services. 19.2. CONSULTANT may terminate this Agreement or suspend its performance of the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a substantial failure of performance by CITY. 19.3. Upon such suspension or termination, CONSULTANT shall deliver to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given to CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will become the property of CITY. 19.4. Upon such suspension or termination by CITY, CONSULTANT will be paid for the Services rendered or materials delivered to CITY in accordance with the scope of services on or before the effective date (i.e., 10 days after giving notice) of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT's services which are of direct and immediate benefit to CITY as such determination may be made by the City Manager acting in the reasonable exercise of his/her discretion. The following Sections will survive any expiration or termination of this Agreement: 14, 15, 16, 19.4, 20, and 25. 19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement. Professional Services Rev. June 2, 2010 6 \\Cc-tetra\sharedlASD1PURC1-I\SOLICJTAT1ONS\CURRENT 13UY1 R-C.M FOLDERSIPW - J()11N M\Conti�aets\S1214309k3JJKM Si na e Inv.-Retroreflec\TJKM PROF SERVICES Conti•act - January- 2012. Final.do. Dele City( SER\ DESK SECTION 20. NOTICES. All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To CITY: Office of the City Clerk City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 With a copy to the Purchasing Manager To CONSULTANT: Attention of the project manager at the address of CONSULTANT recited above SECTION 21. CONFLICT OF INTEREST. 21.1. In accepting this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. 21.2. CONSULTANT further covenants that, in the performance of this Agreement, it will not employ subconsultants, contractors or persons having such an interest. CONSULTANT certifies that no person who has or will have any financial interest under this Agreement is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California. 21.3. If the Project Manager determines that CONSULTANT is a "Consultant" as that term is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT shall be required and agrees to file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act. SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.5 10 pertaining to nondiscrimination in employment. SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the City's Environmentally Preferred Purchasing policies which are available at the City's Purchasing Department, incorporated by Dele reference and may be amended from time to time. CONSULTANT shall comply with waste City SERN DESK Professional Services Rev. June 2, 2010 7 \\Cc-te,Ta\shared\ASD\PURCH\SOLICITATIONS\CURRENT BUYI~R-CM_1?QLl7ERS1PW-,ICJHEv MlContraets1S12143098 T M,jgge Inv.-Retroreflec\TJKM PROF SERVICES Contract - January 2012. Final do reduction, reuse, recycling and disposal requirements of the City's Zero Waste Program. Zero Waste best practices include first minimizing and reducing waste; second, reusing waste and third, recycling or composting waste. In particular, Consultant shall comply with the following zero waste requirements: • All printed materials provided by Consultant to City generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double -sided and printed on a minimum of 30% or greater post -consumer content paper, unless otherwise approved by the City's Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post -consumer material and printed with vegetable based inks. • Goods purchased by Consultant on behalf of the City shall be purchased in accordance with the City's Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Office. • Reusable/returnable pallets shall be taken back by the Consultant, at no additional cost to the City, for reus.e or recycling. Consultant shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed. SECTION 24. NON -APPROPRIATION 24.1. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. SECTION 25. MISCELLANEOUS PROVISIONS. 25.1. This Agreement will be governed by the laws of the State of California. 25.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California. 25.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys' fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys' fees paid to third parties. 25.4. This document represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. Dele This document may be amended only by a written instrument, which is signed by the parties. r' Is R� DESIi Professional Services Rev. June 2, 2010 \\C'c-tterra\shared\lSD\PURCH\SOUCITATIONS\CIJRRENTBUYER-CM FOLDERSIPW-JOHN M\Contracts�S12143U9ti flKM Sigag Inv: Retroreflec\TJKM PROF SERVICES Contract - January 2012. Final.doc� 25.5. The covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the parties. 25.6. If a court of competent jurisdiction finds or rules that any provision of this Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this Agreement and any amendments thereto will remain in full force and effect. 25.7. All exhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules to this Agreement which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be a part of this Agreement. 25.8 If, pursuant to this contract with CONSULTANT, City shares with CONSULTANT personal information as defined in California Civil Code section 1798.81.5(d) about a California resident ("Personal Information"), CONSULTANT shall maintain reasonable and appropriate security procedures to protect that Personal Information, and shall inform City immediately upon learning that there has been a breach in the security of the system or in the security of the Personal Information. CONSULTANT shall not use Personal Information for direct marketing purposes without City's express written consent. // // // // I- II // // // I- II Delee City C SER\ DESP Professional Services Rev. June 2, 2010 9 \\Cc-terra\sltared\ASD\PURCI-f\SOLICrrATIONS\CIJRRENT BUYER -CM FOLDERS\PW - JOHN M\Contracts\S 12143098. TJKM,. Sicnsage fnv: Retroretlec\TJKM. PROF SERVICES Contract - January 2012. Final.do 25-9 All unchecked boxes do not apply to this agreement. 25.10 The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. CITY OF PALO ALTO City Manager APPROVED AS TO FORM: Senior Asst. City Attorney Attachments: EXHIBIT "A": EXHIBIT "A -I" EXHIBIT "B" EXHIBIT "C": EXHIBIT "C-1": EXHIBIT "D": TJKM Transportation Cons Itants By: !j Name: !i // rIf j• Tr jciG J Title: SCOPE OF WORK ON CALL TASK ORDER (Optional) SCHEDULE OF PERFORMANCE COMPENSATION SCHEDULE OF RATES INSURANCE REQUIREMENTS Professional Services Rev. June 2.2010 10 \\Cc-tcrra\shared\ASD\PURCH\SOL1CITATIONS\CURRENT BUYER -CM FOLDERS\PW - JOHN M\Contracts�S12143098 TJKM Signage Inv: Retroreflec\S12143098_TJKM Contractcloc EXHIBIT "A" SCOPE OF SERVICES Work Plan Summary The final products of the City traffic sign inventory will be 1) an electronic listing of all traffic signs on City streets, their attributes, condition and retroreflectivity and 2) a sign replacement plan with costs and priorities. The information will be a part of a system that will allow City staff to access, update, and revise its traffic sign components easily and quickly both in the office and in the field. Task 1 - Inventory and Assess City Traffic Signs Under Task 1, TJKM will review and update, if necessary, the City's current inventory and data entry systems to facilitate sign inventory in the field. As far as we know, the current system is acceptable; however, if changes are needed as a result of our investigation and discussion with the City, TJKM will make them. In our kick-off meeting, we will be prepared to discuss ideas on how to improve the inventory system for this project. The following is a suggested listing of information to be recorded for each sign: 1. Name of street and reference cross street 2. Location of sign (coordinates plus distance and direction from cross street), 3. Palo Alto maintenance area 4. MUTCD code designation 5. English description of legend 6. Installation date, if known 7. Sign backing material 8. Sign size 9. Sign height 10. Sign direction (FNBT, etc.), 11. Sign mounting details 12. Digital photo of sign 13. Visibility of sign 14. Condition of sign 15. Reflectivity rating of sign 16. Inventory date 17. Inventory personnel 18. Any GIS information needed for Palo Alto/Encompass system This information is based, in part, on the RFP scope requirements and TJKM's experience. Before any field work is started, TJKM and the City will meet to work out the entire process, including field inventory procedures; final form and format of inventory results; and retroreflectivity analysis procedures. In addition, there may be a period during the field inventory where City staff is performing maintenance work in an area that has already been inventoried. We will develop a process to ensure that all maintenance work done in these areas is reflected in Dele the final inventory. TJKM will also make note of traffic signs that are obscured by vegetation. city c SEM This will also be noted during the night time inspection of signs. DESI, Professional Services Rev. June 2, 2010 11 \\mac-terra\shared\,\SD1PURCWI,OULITATI N}�cIJRREN'T BUYER -CM F'OLDERSIPW -JQHt� M\(:ontracts\Sl2143098. TJKM Signase lnv.-Retroretlec\TJK1k1 PROF SERVICES Contract - January 2012. Final.doc�._ ' TJKM will prepare a schedule calling for all work to be completed within the 120 -day contract period. TJKM will work within the City's 10 maintenance areas, one at a time, and complete one area before moving on to the next one. (The schedule will have a breakdown of when we will be doing individual areas after the total mileage of each area is established.) We will initially conduct a pilot sample of two or three days of field data collection so that City staff can verify that our data collection procedures are acceptable, before TJKM proceeds with the entire City inventory. TJKM will oversee the inventory of all traffic signs on Palo Alto's maintained streets, which are estimated to total over 200 miles in length. TJKM will also inventory City -maintained signs in all public parking lots and garages; 18 lots and garages are listed on the City brochure, "Parking in Downtown Palo Alto." In addition the website lists 55 facilities, libraries, pools, parks and preserves which TJKM will also inventory as directed by City staff. Experienced National Data & Surveying Services (NDS) data collectors will gather the daytime field traffic sign inventory data. Each NDS crew will be equipped with a Trimble hand-held GPS device, which enables the quick collection of the three main elements of the field review: the GPS coordinates of the traffic sign, the photo of the sign, and the remaining attributes of the signs listed above. By accomplishing all non -reflectivity data collection for each individual sign using a single device, the field work can be completed very efficiently. The Trimble device can be preprogrammed to query each of the needed inventory items for each sign. The NDS crews will also be equipped with a Roadvista Model 922 Retroreflectometer to determine the reflectivity rating of each sign. See Task 3 for our proposed approach for retroreflectivity data collection and analysis. NDS estimates that one two -person crew can inventory about 80 signs per day. With two crews, the 7,500 signs will be inventoried in about 10 weeks. Since the 120 -day contract runs about 17 weeks, TJKM anticipates no problems in meeting the proposed schedule.' The City will provide TJKM with maps of the City -maintained roadways in order to locate all roadways that will be surveyed. Except on divided or multi -lane highways, the field crews will record signs on both sides of the street during the initial daytime survey; at night, all streets will be driven in each direction to record retroreflectivity measurements. The headquarters for the sign inventory will be TJKM's offices on Hopyard Road in Pleasanton, CA. Two of TJKM's engineers (Deputy Project Manager Andrew Kluter, P.E., and Jeffrey Lacap) will provide the day-to-day oversight and monitoring of the data collection efforts. Mr. Lacap conducted most of the field data collection on our recent Lakeport project, including the sign inventory and evaluation, the GPS coordinates, the device photo, and data entry. He is ideally suited to his main role on this project - providing monitoring and checking of field data by frequent spot checking of completed work and reviewing collected data on a daily basis. Mr. Kluter will oversee and assist in this important process. TJKM aims to ensure that no signs are overlooked and that the data collection process is both comprehensive and accurate. Dele, City SER\ DESP Professional Services Rev. June 2, 2010 12 1\C'c tea_ra4sUared_t1SD1YIIRCHISC)LICI7ATIONS\C.UI?REN 1' BUYER -CM FOLDERS\EW - JOHN M\Contracts\S 12143098„ rK1,1„ S g agg Inv.-Retroreflec\TJKM PROF SERVICES Contract - January 2012. FinaLdot Task 2 - Update GIS Database TJKM has communicated with staff members at Geodesy in San Francisco, who have supplied the Encompass GIS software that the City uses to maintain the sign inventory. We recognize that some signs are already in the City's database; however, for budget purposes TJKM is assuming that 7,500 new records will be created. For existing signs, TJKM will use existing inventory sign ID numbers where available. TJKM anticipates absolutely no problems in delivering an updated database with the attributes described in Task 1. The completed database will include all traffic signs with coordinates, photographs, condition evaluation, reflectivity evaluation, and all attributes listed in Task 1 and shown in the RFP. We have specific staff members who are GIS- and GPS-savvy who will handle this information. Task 3 - Develop a Sign Retroreflectivity Program The purpose of this task is to develop a program and process that the City of Palo Alto can use in the future to monitor its traffic signs so that proper standards of reflectivity will be achieved at all times. Because of our recent history of conducting sign inventories, TJKM is quite familiar with the standards and acceptable practices for conducting retroreflectivity analyses. On previous studies, TJKM has utilized the two most common approaches: the nighttime survey using the Consistent Parameters Procedure (now known as the Visual Nighttime Inspection method) and the use of a retroreflectometer during a day time survey. On the inventory portion of the Palo Alto study, TJKM proposes to utilize both methods. TJKM will use the retroreflectometer on all signs during the daytime survey. The retroreflectometer results will reveal which signs do not meet the minimum standards established by the FHWA. Those standards are detailed in Table 2A-3 "Minimum Reflectivity Levels" of the CAMUTCD. In TJKM's survey we will supplement the retroreflectometer analyses with a night-time follow- up survey of all failing and marginal signs. Since Palo Alto is preparing to replace deficient signs, TJKM feels that closer scrutiny of such signs is in order to make sure that the deficient signs are truly in need of replacement. TJKM will conduct a nighttime sign retroreflectivity survey of marginal or failed signs on an ongoing, incremental basis as the initial daytime sign inventories along all Palo Alto maintained streets are completed. TJKM will have a two -man crew, which includes one experienced TJKM engineer and one "typical" driver at least 60 years old. TJKM will utilize the Visual Nighttime Inspection method, which encompasses the following key features: Use a full-size sport utility vehicle or pick-up (this insures proper headlight and driver eye heights). Use a model year 2000 or newer vehicle for inspection (this primarily relates to headlight type). Use an inspector age 60 or older (to conform to FHWA test procedures and to represent older drivers' characteristics). Professional Services Rev, June 2, 2010 13 W-c-terralshared',ASU�URCI-11SOL1CITATIONSUARENr81JYCRfiM-Q.LDERS\PW-J0HN M1Contracts\SI2143098_TJKM.SSi cage 1nv.-Retroref1ec\TJKM PROF SERVICES Contract - January 2012. Final,dow • View signs at the typical viewing distance for each sign. • Two -man crew recommended; inspector and driver need to be well rested. • Have vehicle with VOA headlamps properly aimed. (VOA is visually/optically aimable; these were not available in earlier model vehicles.) • Do not start in earnest until there is complete darkness. • Evaluate both colors of signs with two retroreflective colors (white on green, white on red, etc.) Source: Sint Reiroreffedivity Toolkit New National Standard. FHWA-SA-08-004 TJKM will ensure that both crewmembers are familiar with the FHWA 103 slide PowerPoint document, "Conducting Sign Retroreflectivity Inspections," which fully describes both theory and procedures behind nighttime reflectivity checks. TJKM expects that a typical nighttime inspection period will last no longer than three to four hours. The Visual Nighttime Inspection method typically uses what amounts to a "pass/fail" system. TJKM will consult with the City to determine if an intermediate rating is desired, such as "needs replacing soon" or a similar description. As noted elsewhere, TJKM will retain an inspector at least 60 years old and fully train that person to conduct the retroreflectivity surveys. TJKM is amiable to the City approving this inspector. In order to fulfill the requirements of Task 3, TJKM will take into account its two -fold reflectivity procedures and results from Task 1. TJKM will evaluate the alternative methods described in the CAMUTCD Section 2A.09 Maintaining Minimum Reflectivity. The five methods include: • Visual Nighttime Inspection (described above) • Measured Sign Retroreflectivity (using Retroreflectometer) • Expected Sign Life (signs are replaced based on previously determined useful life) • Blanket Replacement (all signs in a given area are replaced at specified intervals) • Control Signs (the life of surrogate signs placed in a corporation yard determines when their brethren are replaced) Based on TJKM's preliminary evaluation and experience, the first two methods appear to be the most practical. These are the methods to be utilized by TJKM in this study. Working with the staff, TJKM will develop a monitoring process for sign retroreflectivity. One example is to conduct periodic visual nighttime inspections using city staff. By inspecting two of the ten maintenance areas each year, all signs would be reviewed at five year intervals. With an average of 20 to 25 street miles in each maintenance area, the visual nighttime inspection of each area could probably be completed in four to five hours. If this were the selected method, TJKM would devise forms and procedures for noting defective signs in the field, transferring the information to the GIS files, prioritizing the replacements, and developing automated work orders. The GIS files would be updated to indicate the most recent night time inspection as well as the date of the replacements. Professional Services Rev. June 2, 2010 14 \\Cc-teiTa\shared\.ASD\PURCNLSOLICITATIONS\CURRENT BUYER -CM FOLDC RS\P'W - JOHN M\ContractsiS 1214309g TJKM Signaac Inv.-Retroreflec\TJKM PROF SERVICES Contract - January 2012. Final.doy TJKM will review published data to determine the most appropriate inspection interval. TJKM will prepare the necessary forms and procedures to be included with the selected methodology. A draft report will be prepared for review by the City staff. TJKM will finalize the program report after receiving comments. Task 4 - Prepare a Sign Replacement Plan This task addresses the conceptual plan to replace traffic signs on an as -needed basis. Generally, traffic signs would need to be replaced due to theft, vandalism, damages from traffic collisions, loss of reflectivity, and other damages. It is assumed that most sign replacement in the first three categories would be based on staff observation, police reports or citizen reports. While the replacement of such devices would likely continue under the current City procedures, TJKM will nonetheless review these processes, procedures and reports to ensure the system is working optimally. As a part of the Task 3 monitoring of reflectivity, TJKM will devise a system in which the highest priority sign replacements are undertaken first. The highest priorities would be regulatory signs such as Stop, Yield, One-way, Speed Limit, etc. Certain warning signs would also be higher priority - curve and speed advisory signs, and certain advance warning signs. Lower priorities would be remaining regulatory and warning signs, guide and directional signs. Street name signs are important, but not as important as the highest priority signs. These priorities would be worked out with City staff so that a formal replacement plan can be developed. TJKM's recommended plan will include materials, equipment and labor costs. A draft report will be prepared for review by City staff. TJKM will finalize the program report after receiving comments. TJKM could combine the Task 3 and Task 4 recommendations into one report if desired. Task 5 - Prepare a Sign Assessment Report At the completion of the field work and final uploading of all material into the GIS database, TJKM will prepare a summary report generally indicating the number of signs by type (CA MUTCD designation and common name) as well as those that are deficient either due to failing retroreflectivity grades, or are rated as having poor conditions for other reasons. TJKM, by consulting with engineering and maintenance staff, will determine typical costs to replace signs including labor, materials, equipment and any other factors. In this way, the total cost to replace all deficient signs will be determined. TJKM will prioritize all signs that need replacement. The priorities will be determined as described in Task 4- signs of highest importance will be replaced first: the general order of priority is regulatory signs, warning signs and guide/directional signs. However, this is definitely not a blanket order because specific signs in any of the three categories may be more important than their generic classification. For example, some No Parking signs (regulatory) may be less pale important than key street name, or advance street name signs (guide). City SERN DESK Professional Services Rev. June 2, 2010 15 \\Cc- Orrp' EI ed'ASD:PURCH\SOLICITATIONS\ R[N'!' BUYE CM. FOLDERS\PW -J_OHN MlLon c 1S 21 143098„ TIKM ,jtagc Inv.-Retrorellee\TJKM PROF SERVICES Contract - January 2012. FinaLd TJKM will prepare and deliver a final sign assessment report that describes the procedures, methodology, findings and recommendations of the study. Task 6 - Meetings As noted in the RFP TJKM has assumed a total of eight meetings for the Sign Inventory and Retroreflectivity Analysis. Generally, TJKM currently envisions the meetings as follows: Meeting Number and Function 1. Kick off meeting 2. Progress meeting 2 just prior to start of sample field work 3. Progress meeting 3 to review sample field data collection 4. Progress meeting 4 near week 7 to review data collection status 5. Progress meeting 5 near start of preparation of retroreflectivity and sign replacement programs 6. Progress meeting 6 near completion of retroreflectivity and sign replacement programs 7. Progress meeting 7 near completion of field work and start of sign assessment report 8. Progress meeting 8 at submittal of draft sign assessment report Please refer to the study schedule for more information on meetings. pele City C SER\ DESI. Professional Services Rev. June 2, 2010 16 \\Cc-terra\shared\ASD\PURCH\SOLICITATIONS\CURRENT BUYER -CM FOLDERS\PW - JOHN M\Contracts\812143098 ,TJKM Siege Inv.-Retroreflecl'I:IKM PROF SERVICES Conu•act - Jantg 2012. Final.d�x EXHIBIT "B" SCHEDULE OF PERFORMANCE CONSULTANT shall perform the.Services so as to complete each milestone within the number of days/weeks specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of the project managers for CONSULTANT and CITY so long as all work is completed within the term of the Agreement. CONSULTANT shall provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the notice to proceed. Milestones Completion No. of Weeks From NTP 1. Task 1: Data Collection 15 2. Task 2: Update GIS Database 15 3. Task 3: Develop Retroreflectivity Program 13 4. Task 4: Prepare Sign Replacement Plan 13 5. Task 5: Prepare Sign Assessment Report 17 6. Task 6: Meetings 17 Dele City( SER\ DESP Professional Services Rev. June 2, 2010 17 \\Cc-teir�\shared\ASD\PURCki1SOLICITAT[C�N CURR�Nl' BUYER -CM FOLDERS\PW - ]OHN M gn -acts%S 12143099 TJKM,Siattaae Inv.-Retroreflec\TJKM PROF SERVICES Contract - January 2012. final.dv4 EXHIBIT "C" COMPENSATION The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the hourly rate schedule attached as exhibit C-1 up to the not to exceed budget amount for each task set forth below. The compensation to be paid to CONSULTANT under this Agreement for all services described in Exhibit "A" ("Basic Services") and reimbursable expenses shall not exceed $148,700. CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. In the event CITY authorizes any Additional Services, the maximum compensation shall not exceed $14,900. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY. CONSULTANT shall perform the tasks and categories of work as outlined and budgeted below. The CITY's project manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below provided the total compensation for Basic Services, including reimbursable expenses, does not exceed $148,700 and the total compensation for Additional Services does not exceed $14,900. BUDGET SCHEDULE Task I (Sign Inventory at $15.80 per sign) Task 2 (Update GIS) Task 3 (Develop Retroreflectivity Program) Task 4 (Prepare Sign Replacement Plan) Task 5 (Prepare Sign Assessment Report) Task 6 (Meetings at $900 per meeting) Sub -total Basic Services Additional Services (Not to Exceed) NOT TO EXCEED AMOUNT $118,500 included in cost for Task 1 $5,500 $6,500 $11,000 $7,200 $14,900 $148,700 Professional Services Rev, June 2, 2010 18 \\Cc-tciralshared'%n,SD\PJRCH\SOL1CPTAT1ONS\CUJRRSfT BUYER -CM F0LDI_RS1PW - JOHN M\C'ontn ti1214 Q}�, K Si Wage lnv.-Retroreflec\T.AtTvt PROP SERVICES Contract -January 2012. l=inaI.do f. Dele City SER\ DESK Maximum Total Compensation $163,600 REIMBURSABLE EXPENSES The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, in-house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. ADDITIONAL SERVICES The CONSULTANT shall provide additional services only by advanced, written authorization from the CITY. The CONSULTANT, at the CITY'S project manager's request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONSULTANT's proposed maximum compensation, including reimbursable expense, for such services based on the rates set forth in Exhibit C-1. The additional services scope, schedule and maximum compensation shall be negotiated and agreed to in writing by the CITY's project manager and CONSULTANT prior to commencement of the services. Payment for additional services is subject to all requirements and restrictions in this Agreement Deli• City( SER' DESI Professional Services Rev. June 2, 2010 19 \\Cc-teira\shared\ASD\PURCH\SOLICITATIONS\CURRENT BUYER -CM FOLDERS\PW -JOHN Sig c inv.-Retroretec\TJKNI PROF SERVICES Contract - January 2012. Finai.doG EXHIBIT "C-1" TJKM HOURLY RATE SCHEDULE Transportation Vision That Moves Your Community Consultants Rate Schedule Principal.......................................................................................... $ 220/hour Principal Associate....................................................................... 200/hour Senior Associate........................................................................... 190/hour Associate........................................................................................ 160/hour Senior Engineer............................................................................. 140/hour Engineer.......................................................................................... 130/hour Contracts Director...................................................................... 120/hour Assistant Engineer........................................................................ 115/hour Assistant Planner.......................................................................... 85/hour Senior Designer............................................................................ 100/hour Graphics Designer....................................................................... 100/hour Designer.......................................................................................... 85/hou r Technical Staff................................................................................ 80/hour Technical Staff I I............................................................................. 35/hour Administrative Staff....................................................................... 80/hou r Production Staff............................................................................. 55/hour Reimbursable Expenses Plotting(per sheet).............................................................................. $ 18.00 Travel Cost (per mile)............................................................................ .50 Each project may be subject to initial set up and coordination fees. All outside services are billed at cost plus ten percent for handling. Expert witness charges available upon request. Invoices are due and payable within 30 days. Invoices paid after 30 days will be subject to separate billings of one and one-half percent per month of unpaid balance. Late charges are not included in any agreement for maximum charges. Effective September I, 2006 Rates subject to change 21 O:\Rate Schedules\Rate Schedule 19i.doc EXHIBIT "D" INSURANCE REQUIREMENTS CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST'S KEY RATING OF A -:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARTI TS (T)NTTNCWNT (IN ('(IMPT.TANCF WITH CTTV'S TNSTTR ANC:F RF(N TTRFMF.NTC AS SPFCTFTF.TI RFT.C)W- MINIMUM LIMITS REQUIRED TYPE OF COVERAGE REQUIREMENT EACH OCCURRENCE AGGREGATE YES WORKER'S COMPENSATION STATUTORY YES EMPLOYER'S LIABILITY STATUTORY BODILY INJURY $1,000,000 $1,000,000 YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE $1,000,000 $1,000,000 PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL BODILY INJURY & PROPERTY DAMAGE $1,000,000 $1,000,000 LIABILITY COMBINED. BODILY INJURY $1,000,000 $1,000,000 - EACH PERSON $1,000,000 $1,000,000 - EACH OCCURRENCE $1,000,000 $1,000,000 -YES AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON -OWNED PROPERTY DAMAGE $1,000,000 $1,000,000 BODILY INJURY AND PROPERTY $1,000,000 $1,000,000 DAMAGE, COMBINED YES PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE ALL DAMAGES $1,000,000 YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS' COMPENSATION, EMPLOYER'S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES, I. INSURANCE COVERAGE MUST INCLUDE: A. A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR'S AGREEMENT TO INDEMNIFY CITY. C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY'S PRIOR APPROVAL. U. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE. III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO "ADDITIONAL INSUREDS" A. PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS, B. CROSS LIABILITY Professional Services Rev June 2, 2010 22 \\Cc-terra\sharedVVSD\PURCH\SOLICITAT'1ONS\CURRENT BUYER -CM FOLDERS\PW - JOHN M\Contracts\S12143098 T,1KM S_„nage Inv.-Retroreflec\TJ.KM PROF SERVICES Contract - January 2012. Fin -------------------------------------------------------------------------------- 1 Dele City C SER\ DESK THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. NOTICES SHALL BE MAILED TO: PURCHASING AND CONTRACT ADMINISTRATION CITY OF PALO ALTO P.O. BOX 10250 PALO ALTO, CA 94303 Professional Services Rev June 2, 2010 23 \\Cc-terra\sltared\ASD\PURCH\SOLICITATI()NS\CURRENT l3UYFR-CM FOLDERS\PW -JOHN M\Contracts\S1214309$ '1JK.hf Sienaee .Inv.-Retroreflec\T3KIvt PROF SERVICES Contract - January 2012. Finai.d�e;, OF PALO City of Palo Alto City Council Staff Report 11 Report Type: Consent Calendar (ID # 2397) Meeting Date: 1/23/2012 Summary Title: Park Improvement Ordinance - Briones Park Restroom Title: Adoption of an Ordinance Approving and Adopting a Plan for Improvement to Juana Briones Park Authorizing the Addition of a Park Restroom Located Adjacent to Fire Station Number 5 and Clemo Avenue From: City Manager Lead Department: Public Works Recommendation Staff recommends that Council adopt a Park Improvement Ordinance (Attachment A) authorizing the addition of a park restroom at Juana Briones Park. (Briones Park), located adjacent to Fire Station number 5 and Clemo Avenue, as recommended by community members. Background A "Park Improvement Ordinance" is required whenever any substantial building of construction project may affect the use, protection or enjoyment of parks or open space lands. On September 11, 2006, Staff requested policy direction from the Council on park restroom installations as determined by Capital Improvement Program (CIP) screening criteria requirements. The Council also approved the amended Park and Recreation Commission (PARC) restroom guideline to include neighborhood parks. The Council directed Staff to proceed with the Park Restroom CIP PE -06007 to be funded through Park Development Impact Fees and to make budget adjustments reflecting ongoing maintenance costs, including the Briones Park restroom. In addition to requiring the adoption of a Park Improvement Ordinance by the Council, the project is subject to Architectural Review. The purpose of the review is to assure the project is in conformance with City design standards and aesthetic appropriateness for the area. The plans and design concepts for this project will be submitted to the Planning Department and Staff anticipates only a staff level review will be required. See attachment A for restroom location plan. Staff held a community meeting on September 7, 2011, to gather public input on the conceptual plans. The input included comments on location, style, issues related to current park maintenance, safety and policing issues, and impacts to parking, park use and lighting. At January 23, 2012 Page 1 of 3 (ID # 2397) the community meeting, an alternate location for the restroom was suggested and favored by the residents. This location, off of Clemo Avenue and near the fire station, would require the removal of two fruit trees (one of which is in poor condition). Staff recommends removal of all three fruit trees and replanting new trees nearby. The design and site plan was presented to the Parks and Recreation Commission on October 25, 2011. The commission unanimously approved the plans and recommended that the Council adopt the Park Improvement Ordinance pertaining to the project plans. Discussion The installation of a restroom would include: • Accessible sidewalk surfaces • Installation of exterior lights • Additional trash and recycling amenities • Temporary closure only of impacted areas during the two month construction period The intent of the new restroom is to make the park more enjoyable for all users, to address public health and accessibility concerns, to allow for community events to be scheduled at the park, to make an aesthetically pleasing addition to the park, and to reduce driving to and from the park in order to use a restroom. The Briones Park Improvement Plan (Attachment A, Exhibit A) summarizes the Park Improvement Ordinance. The Ordinance will become effective 30 days after the second reading at Council. Pending the ordinance's adoption by the Council, staff will submit the design concept to the Planning Department for ARB review, then prepare design and construction documents with an anticipated construction bid opening this summer. Should the contract be awarded by the Council this fall, public outreach will resume informing the community about the associated construction activities and the schedule. Resource Impact There is sufficient funding in CIP Project PE -06007, Parks Restroom Improvement Project to cover the costs of design and construction, which are estimated to be $250,000. This CIP is funded by Park Development Impact Fees as part of the Council -approved FY2011 CIP budget and does not affect the Infrastructure Reserve Fund. The current balance of the Park Development Impact Fees Fund is $3,028,808. On -going cleaning and maintenance of the restroom will be allocated in the Public Works Public Services operating budget at an anticipated cost of $6,000 per year. Policy Implications The proposed Briones Park Restroom Improvement projec t is consistent with existing City policies. Environmental Review January 23, 2012 Page 2 of 3 (ID # 2397) Pursuant to the requirements of the California Environmental Quality Act (CEQA), the Project is categorically exempt from CEQA, per Section 15303, New Construction or Conversion of Small Structures. Attachments: • A: Park Improvement Ordinance (Includes Site Plan - Exhibit A) (PDF) Prepared By: Department Head: City Manager Approval: January 23, 2012 (ID # 2397) Holly Boyd, Project Engineer J. Michael Sartor, Director 2Jaes Keene, City Man Page 3 of 3 * NOT YET APPROVED* ORDINANCE NO. ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING AND ADOPTING A PLAN FOR IMPROVEMENTS TO JUANA BRIONES PARK The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Findings. The City Council finds and declares that: (a) Article VIII of the Charter of the City of Palo Alto and Section 22.08.005 of the Palo Alto Municipal Code require that, before any substantial building, construction, reconstruction or development is commenced or approved, upon or with respect to any land held by the City for park purposes, the Council shall first cause to be prepared and by ordinance approve and adopt a plan therefor. (b) Juana Briones Park, formerly known as Arastradero Road Park, is dedicated to park, playground, recreation or conservation purposes. (c) The City intends to authorize the construction of certain park improvements within Juana Briones Park, as shown on the Juana Briones Park Restroom Park Improvement Plan (the "Plan"), attached as Exhibit "A": (1) Installation of accessible prefabricated restroom, which will house one men's room, one women's room and a mechanical/storage room. (2) Clearing of vegetation and removal of three fruit trees in accordance with City policies, as necessary. (3) Related landscaping and accessible pathways as may be required by the City in accordance with applicable laws, rules and regulations. (d) The improvements at Juana Briones Park will be limited to the approximately 3.9 acres of land, located at 609 Maybell Avenue, Palo Alto. (e) The project improvements will avoid protected trees and other sensitive resources, if any. In addition, existing park uses will be restored following the completion of project construction. (f) The project described above and as more specifically described in the Plan, attached hereto as Exhibit "A," is consistent with park and conservation purposes. (g) The Council desires to approve the project described above and as more specifically described in the Plan, attached hereto as Exhibit "A." 111018 dm 0073638 * NOT YET APPROVED* SECTION 2. The Council hereby approves the Plan for the construction of the improvements at Juana Briones Park, and it hereby adopts the Plan, attached hereto as Exhibit "A," as part of the official plan for the construction of the park improvements at Juana Briones Park. SECTION 3. The Council finds that the construction of the facilities at Juana Briones Park is categorically exempt from review under the California Environmental Quality Act and the Guidelines, Section 15303, New Construction or Conversion of Small Structures. SECTION 4. date of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk APPROVED AS TO FORM: Senior Asst. City Attorney This ordinance shall be effective on the thirty-first day after the Mayor APPROVED: City Manager Director of Community Services Director of Administrative Services 111018 dm 0073638 2 RESTROOM LOCATION PLAN RESTROOM LOCATION - _ � �■tea �� .. ; e .. ♦ q f f1 r ` /f / ___ _ T' - __bUU Hi 00$ /W� �l Ti • _ J'L 'A'�JL J ' '� M iy . S - Y- - �r •. • � i `� r..: rJUA NA BR/ONES PARK EXHIBIT "A" -DG PATH PLANTING AREA 3' TALL HEDGE ESTROOM RESTROOM LOCATION l f a _ _ r 4�i� i:. ■ : �"r�ii .i�. 1i. s � ] RESTROOM LAYOUT PLAN £ -j- A TREE PHOTO TREES TO BE REMOVED 0PASO City of Palo Alto (ID # 2393) City Council Staff Report Report Type: Action ItemsMeeting Date: 1/23/2012 Summary Title: Appeal of AT&T DAS Project Title: PUBLIC HEARING: Appeal of Director's Architectural Review Approval of the Co -Location by AT&T of Wireless Communications Equipment on 20 existing utility poles located at 179 and 595 Lincoln Av.; 1851 Bryant St.; 1401 Emerson Av.; 1880 Park Blvd.; 134 Park Av.; 109 Coleridge Av.; 1345, 1720 and 2326 Webster St.; 1248 and 2101 Waverley St.; 968 Dennis Dr.; 370 Lowell Av. (Waverley side); 105 Rinconada Av.; 2704 Louis Rd.; 464 Churchill Av.; 255 N. California Av.; 1085 Arrowhead Wy.; and Oregon Expy near Ross Rd. *QUASI- JUDICIAL From: City Manager Lead Department: Planning and Community Environment Recommendation Staff recommends that Council uphold the Director of Planning and Community Environment's decision to approve the Architectural Review application for 20 wireless communication facility (WCF) installations, based upon the findings and conditions of approval described in the Record of Land Use Action (Attachment A). Executive Summary AT&T's application is for Architectural Review of 20 wireless communication facilities (WCFs) "collocated" on existing utility poles within City and County rights -of -way and jointly owned by the City and AT&T, known as the Palo Alto Outdoor DAS (Distributed Antenna System) project Phase I. The 20 installations initially proposed two antennas placed on a 12 -foot extension at the top of each pole, and equipment cabinets placed lower down on the pole face (between 10 feet and 20 feet above grade). The locations were studied regarding their aesthetic impacts, and four locations were modified prior to December 8, 2011 to reduce visibility. On that date, the Architectural Review Board (ARB) recommended approval of one antenna, vertically aligned on extensions topping each of the 20 poles, and the associated equipment. The Director of Community Environment's approval was consistent with the ARB's recommendation. The four appeals to Council (plus other letters in objection) cite the need for a wireless master plan for the entire city, and concerns for aesthetic impacts, potential health risks, noise production, impacts on property value, type of technology proposed, and the safety and reliability of the actual installations. January 23, 2012 Page 1 of 7 (ID # 2393) Background On September 13, 2011, AT&T submitted an application for Architectural Review of Outdoor Distributed Antenna System (DAS) installations at 20 locations. The City co -owns (with AT&T) the 20 utility poles. The project was determined to be a "collocation" project and, according to Palo Alto Municipal Code (PAMC) Section 18.42.110, only requires approval of an Architectural Review application, followed by issuance of encroachment permits. The use itself is considered permitted, such that no Conditional Use Permit (CUP) is needed. AT&T has indicated that the (DAS) approach will be proposed throughout the "flat lands" of Palo Alto to provide adequate coverage and/or additional capacity for wireless communications. AT&T is subject to (but has not yet signed) a license agreement that allows AT&T to collocate the DAS antennas and equipment on city utility poles. The Council approved the standard license agreement on July 25, 2011 (CMR #1756). AT&T is planning approximately 80 pole installations, and has indicated its intention to submit three additional applications of 18-20 pole sites each. Following Council's decision on this first application, subsequent Architectural Review applications for DAS installations, following the same prototype design as the current proposal, would be reviewed at staff level and be subject to public notice and Council appeal, but ARB public hearing would not be required. Neighbor notification would be provided and pubic comments reviewed by staff for each location. Actions by the Director of Community Environment on the applications would be posted on the City's website and courtesy notices of the actions would be mailed to neighbors within 300 feet of each pole. The Director's decisions on staff level AR applications are also noted on the following ARB meeting agenda. The Architectural Review Board recommended approval of the project on December 8, 2011 and the Director's Decision approving the project was issued on December 16. On December 22, 2011, the first of four appeals of the Director's decision was submitted. Subsequent to the holidays, staff became aware that some neighbors of the revised locations did not receive notice cards regarding the Director's decision and appeal period. Notice cards announcing both the Director's decision and Council appeal hearing of the project were then mailed to all properties within 600 feet of the locations approved by the Director. Review Process The standard procedure for the review of an appealed Architectural Review application is for placement on the Council consent calendar within 30 days of the filing of an appeal. If Council decides to pull the item off consent, with at least three votes, then the project is scheduled for a future public hearing date (PAMC 18.77.070(f)). For this project, however, in anticipation of a multiple appeals being filed, and due to statutory time limits for review, staff scheduled this controversial project for a public hearing and by-passed the consent calendar step. Project Description Figure 1: Approved Design January 23, 2012 Page 2 of 7 (ID # 2393) The approved design for the DAS installations is shown in Figure 1. The existing utility poles range in height from 32 to 60 feet and the pole top extension, on average, is about 12 feet. The equipment proposed on the pole face is the same for all the poles and is comprised of (1) a power disconnect box located nine feet above grade; (2) a remote prism cabinet (52.4"H x 12.15"W x 10.125"D) located approximately 10'-5" above grade; (3) a back-up battery cabinet (27"H x 22"W x 18"D) located approximately 15'-9" above grade; (4) an optical network interface box (13"H x 13"W x 3.75"D) located approximately 19' above grade; and (5) related wiring. At the top of the pole extension, one antenna radome (24"H x 16" Base Diameter) would be placed in -line with the pole. Architectural Review Board Action On December 8, 2011, the Architectural Review Board (ARB) revewed and recommended approval with additional clarfying conditions for the project. Staff had recommended that the project not include the battery back-up box, to improve the aesthetics of the project, but the ARB recommended that this box be included in the installation to provide for approximately two hours of emergency power back-up as needed. The ARB also recommended, where feasible, to install evergreen street trees for screening purposes. A condition of approval requires that new street tree installations will require review by staff of the Utilities and Public Works Tree divisions to ensure appropriate tree selection and placement for each site. At the ARB meeting, there were 30 public speakers who provided comments to the City. Ten of the speakers showed support for the project, while 20 were opposed. In addition to the speakers at the meeting, staff received numerous emails citing support for and against the project. The primary issues raised by those not in favor of the project were the project's potential negative impacts to property values, possible health issues, use of outmoded technology, and general dislike of the proposed design. There were also requests for the City to develop a telecommunications master plan or policy that would shape the future development and placement of wireless facilities. The written correspondence is included as Attachment H. Discussion Appeals There were four appeals filed for this project and these are included as Attachment C. The first appeal, submitted by Paula Rantz, was directed at the whole project (all 20 sites). Her stated concern is the proliferation of DAS installations and their potential impacts, primarily regarding aesthetics and noise. Ms. Rantz urged the City to develop a Wireless Master Plan to address the overall needs of the City and the community. The second appeal was filed by two separate households, Stacey Bishop and Richard Maltzman, January 23, 2012 Page 3 of 7 (ID # 2393) and was specific to the placement of the DAS equipment on the pole at 1880 Park Boulevard. They requested that the pole located in front of 1960 Park Boulevard be utilized instead of the 1880 Park Boulevard Pole for the installation because it is not adjacent to a residence and it will have better tree screening. There were other concerns that were raised about the equipment being placed on the pole next to 1880 Park Boulevard that focused on insufficient tree screening, noise impacts, unknown health risks, and negative impacts to property value. The third appeal, submitted by Janell Sumida-Riker, was specific to the DAS installation on the pole at 2704 Louis Road. The appeal stated that the existing AT&T coverage is good and there is no need for this additional antenna. In addition to this, concern about the safety of the installation was raised with regard to seismic issues, possible conflict with existing pole equipment, DAS equipment that may interfere with electrical service, and noise impacts. The fourth appeal was submitted by Cooley LLP, on behalf of Mr. Tench Coxe, and was focused on the type of technology that AT&T proposed to utilize for the DAS project. The appellant's position is that there are alternative technologies available to AT&T that are effective in providing service and would also be less visually intrusive to the community. The appellant also encourages the development of a master plan for wireless services in the city. Staff Response to Appeal Issues City Purview for Wireless Telecommunications Facilities The Federal Telecommunications Act (TCA) of 1996 limits the City's authority in the review of wireless telecommunications projects. The City may only focus on the aesthetic qualities of a project and, by law, may not consider potential health issues and any perceived related consequences (e.g. drop in property value). Under federal law, a local agency's wireless facility siting decisions may not have the effect of prohibiting the provision of wireless service or unreasonably discriminating among wireless service providers. Further, a utility is required to provide any telecommunications carrier with nondiscriminatory access to its utility poles. Under federal law, the City may not regulate the placement, construction or modification of wireless communications facilities on the basis of the environmental effects of radio frequency (RF) emissions, so long as the facilities comply with the Federal Communications Commission (FCC) regulations concerning such emissions. Noise AT&T has provided a noise report (Attachment D) that analyzed the noise production of the proposed equipment. According to AT&T, there are two pieces of equipment that would produce sound, the back-up battery cabinet and the prism remote. All other elements proposed are not noise producing. Staff provided the noise report to an outside consultant (RCC Consulting) for peer review, and the consultant concluded that the report was accurate in its analysis. Based on the report and the consultant review, staff believes that the project is in compliance with the City's Noise Ordinance (PAMC 9.10) and that noise is not an issue for this project. January 23, 2012 Page4of7 (ID # 2393) As specified in PAMC Section 9.10.050, the public property noise limit specifies that no person shall produce on public property a noise level more than 15 dB above the local ambient at a distance of 25 feet or more from the source. The definition of local ambient means the lowest sound level repeating itself during a six -minute period as measured with a precision sound level meter; the code specifies that the minimum sound level shall be 40 dBA when determining noise levels outside (not inside a structure), and therefore, noise production in excess of 45 dBA at a distance of 25 feet away from the source would violate the noise ordinance. The combined noise level produced by the two pieces of equipment is approximately 40 dBA at five feet away from the pole, and the report concludes that at 25 feet away from the pole the noise levels are in readily compliant with the Noise Ordinance To further address the noise concern raised by residents, staff has included in the Conditions of Approval requirements for the applicant to submit a sound analysis of an operating installation that clearly delineates how the installation complies with the City's Noise Ordinance (PAMC 9.10), in advance of operation of the facility. Wireless Master Plan Ms. Rantz's and Mr. Coxe's requests for consideration of a city-wide master plan for wireless facilities were echoed by other emailed comments that were submitted to the City. Staff is preparing for a second Wireless Study Session with Council, tentatively scheduled for February 21, which includes discussion of a more comprehensive approach to providing for wireless communications facilities. One component of the approach to be presented is the potential for the City to contract with a firm(s) to construct cell towers up to or exceeding 100 feet in height at several Utility substations as an alternative option for carriers (though the City Attorney's office has noted that the City may not compel an applicant to use such facilities). Staff will be seeking Council direction as to whether to pursue this approach, as well as whether to modify the City's zoning regulations and related policies or guidelines. On December 12, 2011, staff provided Council with an Informational Report (Attachment I) that provides more background about the status of the City's status in the review of wireless communications facilities. Safety of Installations AT&T will be working closely with the Utilities department to ensure the installations will meet all standard safety requirements. All poles selected by AT&T will be evaluated by the Utilities Department to assure all required clearances are met and the poles themselves are structurally sound to support the additional equipment. Section 6 of the Conditions of Approval (Attachment A) specifies this requirement. Compliance with ARB Design Recommendations On August 4, 2011, during a Preliminary Review, the ARB provided placement recommendations to assist AT&T in designing a better screened project. The list of those recommendations and the applicant's responses are included on page 6 of the ARB staff report (Attachment E). One specific ARB recommendation was that AT&T should select utility poles that are adjacent to evergreen trees and not deciduous trees, in order to provide visual screening. The applicant considered this request and 17 of the installations are proposed near January 23, 2012 Page 5 of 7 (ID # 2393) or between city street trees, although the trees themselves were mostly deciduous species. A significant hindrance in complying with the request for evergreen trees is that the majority of the city street tree species are deciduous, making the recommendation challenging to meet. Section 6 of the Conditions of Approval (Attachment A) requires the applicant, in coordination with City departments, to analyze all proposed sites to determine whether new street trees can be added in the immediate vicinity for screening purposes and include those installations with the project; this is in addition to the tree installations required for specific sites. Whenever feasible, the new trees should be an evergreen species. AT&T was informed of the request by Ms. Bishop and Mr. Maltzman to relocate the DAS installation to the pole at 1960 Park Boulevard. AT&T evaluated this alternative placement and informed staff that that a pole at that site would not be feasible due to the size and height of the adjacent pine tree, which would interfere with the coverage needed. AT&T evaluated five alternative pole locations: 1. 1920 Park Blvd (on Leland): This site was deemed feasible for coverage needs, was partially screened by a tree, and was located on a corner. 2. 1880 Park Blvd: This site was deemed feasible for coverage needs, was screened by trees in both directions. 3. 245 Leland: This site was deemed feasible for coverage needs, was screened by trees, but moves away from intended coverage. 4. Opposite of 1920 Park Blvd: This site was deemed not feasible due to the blockage of the existing adjacent City trees. 5. 1874 Park Blvd: This site was deemed not feasible due to the blockage of the existing private trees. Of the three feasible locations proposed by AT&T, 1880 Park Blvd was selected because it provided the best visual screening with the closely placed street trees. Wireless Technology Some appellants contend that there may be other technologies available or under development that may provide similar services that AT&T wishes to provide their Palo Alto customers. Mr. Coxe has asserted that there are alternative technologies currently available for AT&T to use and that the approved technology is outmoded. Most of these technologies, however, have limited benefits (wifi, indoor power boosters, etc.) that help but do not provide all of the coverage benefits of a cellular antenna to handle both voice and data communications. The City Attorney has also advised staff that the City cannot require the use of specific equipment for wireless communications facilities, as the City's purview is focused on the visual impacts of the equipment/facility. Dieter Preiser, of RCC Consulting, will be present at the Council meeting and is available, at the Council's request, to provide additional backgound on the current technologies available for wireless service. POLICY IMPLICATIONS January 23, 2012 Page 6 of 7 (ID # 2393) The proposed project is consistent with the Comprehensive Plan and staff believes there are no other substantive policy implications. The project is supported by the following Comprehensive Plan Policies: (B-13) Support the development of technologically -advanced communications infrastructure and other improvements that will facilitate the growth of emerging telecommunications industries; (B-14) Work with electronic information network providers to maximize potential benefits for Palo Alto businesses, schools, residences, and other potential users. RESOURCE IMPACTS The costs of project review by all staff and consultants is recovered by fees paid by AT&T. Pursuant to the City's standard license agreement, AT&T will pay the City $1,500 per year per installation, or a total of $30,000 per year for the 20 sites. ENVIRONMENTAL REVIEW The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per section 15303 of the CEQA Guidelines. Attachments: • a: Attachment A: Record of Land Use (PDF) • b: Attachment B: Location Map (PDF) • c: Attachment C: Appeals (PDF) • d: Attachment D: Noise Report (PDF) • e: Attachment E: Architectural Review Board Staff Report of December 8, 2011 (PDF) • f: Attachment F: Architectural Review Board Minutes of December 8, 2011 (PDF) • g: Attachment G: Applicant's Submittal Information (PDF) • h: Attachment H: Public Comments (PDF) • is Attachment I: December 12, 2011 Informational Report to Council re: Wireless Communications (PDF) Prepared By: Department Head: City Manager Approval: January 23, 2012 (ID # 2393) Amy French, Current Planning Manager Curtis Williams, Director 2Jaes Keene, City Man Page 7 of 7 DRAFT ACTION NO. 2012-xx RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE ACTION FOR AT&T DAS PROJECT: ARCHITECTURAL REVIEW 11PLN-00340 (AT&T, APPLICANT) On January 23, 2012, the Council upheld the Director of Planning and Community Environment's December 16, 2011 decision to approve the Architectural Review application of the co -location by AT&T of (Distributed Antenna System, a.k.a. DAS) wireless communications equipment on 20 existing utility poles making the following findings, determination and declarations: SECTION 1. Background. The City Council of the City of Palo Alto ("City Council") finds, determines, and declares as follows: A. On September 13, 2011, AT&T applied for Architectural Review for the co -location of wireless communications equipment (Distributed Antenna System) on 20 existing utility poles located at 179 and 595 Lincoln Av.; 1851 Bryant St.; 1401 Emerson Av.; 1880 Park Blvd.; 134 Park Av.; 109 Coleridge Av.; 1345, 1720 and 2326 Webster St.; 1248 and 2101 Waverley St.; 968 Dennis Dr.; 370 Lowell Av. (Waverley side); 105 Rinconada Av.; 2704 Louis Rd.; 464 Churchill Av.; 255 N. California Av.; 1085 Arrowhead Wy.; and Oregon Expy near Ross Rd. The proposed equipment would include one antenna at the top of each pole and two equipment boxes on the side of each pole ("The Project"). B. Following staff review, the Architectural Review Board reviewed the project on December 8, 2011 and voted [4-0] to recommend the Director of Planning and Community Environment's ("Director") to approve the project. The ARB's action is contained in the CMR #2393. SECTION 2. Environmental Review. This project is exempt from the provisions of the California Environmental Quality Act per Section 15303 of the CEQA Guidelines. SECTION 3.Architectural Review Findings. 1. The design is consistent and compatible with applicable elements of the Palo Alto Comprehensive Plan. This finding can be made in the affirmative in that the project, as conditioned, incorporates a more 1 streamlined design that conforms with policies that encourage quality development that is compatible with surrounding development and public spaces. The project is also supported by the following Comprehensive Plan Policies: (B-13) Support the development of technologically -advanced communications infrastructure and other improvements that will facilitate the growth of emerging telecommunications industries; (B-14) Work with electronic information network providers to maximize potential benefits for Palo Alto businesses, schools, residences, and other potential users. 2. The design is compatible with the immediate environment of the site. This finding can be made in the affirmative in that the proposed design, as conditioned, blends with the existing utility poles that are located within various residential neighborhoods within the City. 3. The design is appropriate to the function of the project. This finding can be made in the affirmative in that the design of the equipment is not excessive for the intended utility use and has been improved with the required conditions of approval to streamline the design with the back-up battery cabinet placed above the prism and elimination of one antenna. 4. In areas considered by the board as having a unified design character or historical character, the design is compatible with such character. This finding can be made in the affirmative in that the one pole located within the Professorville Historic District (1248 Waverley), with the conditions of approval, is consistent with the Secretary of Interior's Standards for Rehabilitation. 5. The design promotes harmonious transitions in scale and character in areas between different designated land uses. This finding is not applicable to this project. 6. The design is compatible with approved improvements both on and off the site. This finding can be made in the affirmative in that the project, as conditioned, is compatible with the existing utility poles. 7. The planning and siting of the various functions and buildings on the site create an internal sense of order and provide a 2 desirable environment for occupants, visitors and the general community. This finding is not applicable to this project. 8. The amount and arrangement of open space are appropriate to the design and the function of the structures. This finding is not applicable to this project. 9. Sufficient ancillary functions are provided to support the main functions of the project and the same are compatible with the project's design concept. This finding is not applicable to this project. 10. Access to the property and circulation thereon are safe and convenient for pedestrians, cyclists and vehicles. This finding can be made in the affirmative in that the circulation under and around the utility pole is not impacted. 11. Natural features are appropriately preserved and integrated with the project. This finding is not applicable to this project. 12. The materials, textures, colors and details of construction and plant material are appropriate expression to the design and function. This finding can be made in the affirmative, see Findings 2, 3, and 4 above. 13. The landscape design concept for the site, as shown by the relationship of plant masses, open space, scale, plant forms and foliage textures and colors create a desirable and functional environment. This finding can be made in the affirmative in that the project, as conditioned, will be required to plant some additional street trees at some locations. The placement and selection of the street trees will be reviewed and approved by Public Works and Utilities to assure the plantings will be consistent with City standards. 14. Plant material is suitable and adaptable to the site, capable of being properly maintained on the site, and is of a variety which would tend to be drought -resistant to reduce consumption of water in its installation and maintenance. This finding can be made in the affirmative, see Finding 13. All City street trees are 3 regularly maintained and will use only the required amount of water needed for establishment and maintenance. 15. The project exhibits green building and sustainable design that is energy efficient, water conserving, durable and nontoxic, with high -quality spaces and high recycled content materials. This finding is not applicable to this project. The scope of the project is small and there is limited opportunity to incorporate green building design into the sign installations. 16. The design is consistent and compatible with the purpose of architectural review as set forth in subsection 18.76. 020 (a) . This finding can be made in the affirmative in that the project design, as conditioned, promotes visual environments that are integrated into the aesthetics of the immediate environment of an industrial utility facility. SECTION 4.Architectural Review Approval Granted. Architectural Review Approval is hereby granted for the Project by the [City Council] pursuant to Chapter 18.77 of the Palo Alto Municipal Code. SECTION 5. Plan Approval. The plans submitted for Building Permit shall be in substantial conformance with those plans prepared by AT&T titled Palo Alto ODAS, consisting of 63 pages, and received December 4, 2011, except as modified to incorporate the conditions of approval in Section 6. A copy of these plans is on file in the Department of Planning and Community Development. SECTION 6.Conditions of Approval. Planning Division 1. The project shall be in substantial conformance with the approved plans dated received December 4, 2011 and related documents except as modified to incorporate these conditions of approval. 4 2. The Conditions of Approval shall be printed on the plans submitted for building permit review. 3. For all pole installations, the backup battery cabinet shall be placed above the prism box. 4. Prior to installation of the battery cabinet, the applicant shall provide documentation that demonstrates that the proposed battery cabinet is the smallest size needed to achieve the proposed two hours of power backup. The final cabinet selection shall be approved by staff prior to installation. 5. For the life of the project, the size of the battery cabinet shall be reduced as technology improves so as to maintain the smallest battery cabinet needed. 6. For all pole installations, one of the antennas shall be eliminated and the remaining antenna shall be placed inline with the utility pole. 7. The antenna and cabinet boxes shall be painted a matte tan color (e.g. Falcon Beige), the pole extension shall match the existing color and finish of the utility pole, and all other equipment, wiring, and related hardware shall be painted with a matte finish to blend in with the background material/color of the pole. 8. The project shall be reviewed by the Utilities Department to determine if the pole is feasible for the placement of the proposed equipment and antennas. If the Utilities department does not support the placement of the equipment on the pole, the applicant shall submit a new Architectural Review application to the Planning Division for review of proposed alternative pole selection. 9. For sites that require new street tree installations, the applicant shall coordinate with the Public Works Tree Division, Utilities Department, and Transportation Division to gain approval for the placement and selection of tree type. If the City departments do not support the placement of a city tree for screening purposes for the identified locations, then that site is no longer approved for the equipment installation and the 5 applicant shall be required to submit a new Architectural Review application to the Planning Division for review of proposed alternative pole selection. 10. The applicant, in coordination with City departments, shall analyze all proposed sites to determine whether new street trees can be added in the immediate vicinity for screening purposes and include those installations with the project; this is in addition to the requirements outlined in conditions 18 through 23 below. 11. The preferred selection for new street trees shall be evergreen trees, as deemed appropriate by Public Works and the Utilities department. 12. Unless the City agrees to a modification of this condition, the requirements to install new street trees shall be 100% the responsibility of the applicant and shall be completed prior to the installation of pole equipment. 13. The applicant shall submit a sound analysis of an operating installation within two months of the project installation/operation. The analysis shall clearly delineate how the installation complies with the City's Noise Ordinance (PAMC 9.10). Applicant may be required to submit these reports periodically for the life of the project, as determined by the Director of Planning. 14. The applicant shall perform a radio frequency (RF) analysis for each of the twenty installations to document the RF emissions for the installed and operating equipment. This analysis shall be submitted to the City within two months of the project installation/operation. Applicant may be required to submit these reports periodically for the life of the project, as determined by the Director of Planning. 15. If for any reason the project requires modification from the approved plans in any way, the applicant shall contact Planning staff for a determination on whether the change requires a new application for Architectural Review and Historic Review, if applicable, to be submitted. C 16. 1248 Waverley Street: The height of the pole extension shall be reduced to comply with the 65 foot height limit. 17. 1248 Waverley Street: The project shall conform to all Conditions of Approval as prescribed by the related Historic Resources Board review. 18. 1085 Arrowhead Way: One new street tree shall be planted for screening purposes. 19. 109 Coleridge Avenue: One new street tree shall be planted for screening purposes. 20. 968 Dennis Drive: Up to two new street trees (number to be determined by Public Works Trees) shall be planted in anticipation of the future removal of the existing Juniper "tree" that is planted too close to the existing pole. Both Utilities and Public Works Trees require the removal of the Juniper in the near future because of the conflicts with the electrical lines. 21. 1401 Emerson Street: Up to two new street trees shall be planted, as determined by Public Works Trees. 22. 134 Park Boulevard: One new street tree shall be planted for screening purposes. 23. 105 Rinconada Avenue: One new street tree shall be planted for screening purposes. 24. All cost recoverable charges related to this Planning entitlement process, per the cost recovery agreement, shall be paid in full and in a timely manner; these include charges for two consultants hired for peer review of this project. Non- payment may result in the withholding of other city required permits and or approvals required for the project to move forward to the construction phase. Fire Department 25. The applicant shall submit a completed copy the document entitled "Optional Checklist for Local Government to Determine 7 Whether a Facility is Categorically Excluded." If the applicant is required to submit an Environmental Assessment (EA) to the FCC, please indicate if it has been submitted and the date submitted. Electric Utility 26. Electric Utility shall not perform any operations and/or engineering until a Master License Agreement is signed between AT&T and the City of Palo Alto. AT&T shall not attach any equipment on the City's portion of any utility pole until the Master License Agreement is signed by both parties. The Master License Agreement will determine the procedures, policies, fees and responsibilities for DAS work on joint utility poles. SECTION 7. Indemnity. To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the "indemnified parties")from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside or void, any permit or approval authorized hereby for the Project, including (without limitation) reimbursing the City its actual attorneys fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its own choice. SECTION 8.Term of Approval. Architectural Review Approval. The approval shall be valid for one year from the original date of approval, pursuant to Palo Alto Municipal Code Section 18.77.090. PASSED: AYES: NOES: ABSENT: ABSTENTIONS: 3 ATTEST: City Clerk APPROVED AS TO FORM: Senior Asst. City Attorney PLANS AND DRAWINGS REFERENCED: APPROVED: Director of Planning and Community Environment Those plans prepared by HMH Design Group titled AT&T Site Number: CNU0770, consisting of seven pages, revision date November 30, 2010 and received December 13, 2010. E CITY OF .PALO ALTO Office of theCltyClerk C11 OF F'!\LcJ ALTp,C:A APPEAL FROM THE DECISION OF DIRECTOR OF PLANNING' 1 Y C L. L f:k K' S .O F f I C E AND COMMUNITY ENVIRONMENT* I1 DEC 22 PH 1: 5O For appeals offinal decisions on Architectural Review Board and Home Improvement Exception applications (rendered after public hearing), this appeal form shall be completed and submitted by appellant within fourteen days from date of the Directar's decision. Appeals of final decisions on Individual Review applications (rendered after. public hearing) must be submitted within ten days of the Director's decision. Complete form, the current fee and a letter stating reasons for the appeal shall be submitted to front desk staff of the Planning Division, 5th floor, City Hall, 250 Hamilton Avenue, except for 990 Fridays when City Hall Is closed, when these items shall be submitted to Planning staff at, the Development Center, 265 Hamilton Avenue (glass storefront across from City Hall on the comer of Bryant and Hamilton), * Director of Planning Includes his designees, which are Planning Managers or the Chief Planning Official . Appeal Application No. Receipt No. R 1 t 3 S L O 3 1/Q069' Name of Appellant TA V LA A N T I Phone(6) Address. L TO 4 C J Street - City ZIP LOCATION OF PROPERTY SUBJECT TO APPEAL: StreetAddress ... . �._ . ' f t• r} Name of Property Owner (if other than appellant) Property Owner's Address Street City ZIP The decision of the Director of Planning and Community Environment dated)r=r'" I (� , 20 1] "-- /\ 'J whereby the application ' "c29 y (file. number) (edginal project applicant) was J (0 O f,, L' 4 , is hereby appealed for the reasons (ap o ed/denie Date: 1 Signature of Appella to o . In the'attached letter (in duplicate) PLANNING COMMISSION RECOMMENDATION TO THE CITY COUNCIL(TO BE FILLED OUT BY STAFF), Date Remarks and/or Conditions: Approved _ _ Denied CITY COUNCIL DECISION (TO BE FILLED OUT BY STAFF): Date Remarks and/or Conditions: SUBMITTAL REQUIREMENTS SATISFIED: Approved Letter stating reasons for appeal k' Fee (currentiy..$15100) a�-' Denied December 22, 2011 To all representatives of the citizens of the City of Palo Alto, I am filing an .appeal of the approval of the AT&T Das Project by the .City's - D.irector of Planning ,and Community Environment. The application by AT&T'is just.the first of many to come, not only by AT&T, but potentially other. providers as'well. I am requesting that this application be denied until the city has come up with a comprehensive Wireless Master Plan for the installation of cell towers/nodes taking into the account the needs of the various providers AND the overall impact to our community. This first application is part of a band -aid approach and does not.represent the spirit of community, and activism that Palo Alto is known for. There is a reason that.Palo' Alto is such a beautiful community. It is because of the efforts of all that have come before us and we need to continue to be involved and have .ownership of how our city grows. There is no reason why we cannot create a comprehensive plan, for voice, video and data: You, the City Council, are our representatives. ":..AT&T is planning for. approximately 80 pole installations, dividing the installations into four applications -of 18-20 pole sites. Following the board level review and recommendation on this first application for 20 -sites, the remaining three applications (not. yet submitted) following the same prototype as is requested, to be approved following board level review (and Council review on appeal), would* be reviewed at staff level for compliance with the Architectural Review (AR) Findings." Please carry on the tradition of protecting the character of our neighborhoods. Many have talked about the City's plan to underground utilities and suggest that we follow. Burlingame's lead. I am not sure if that is possible in this economic environment or if AT&T can assist with, this as a requirement for the approval of some form of installation, whether it be Das or another type. My personal opinion is that the City should require AT&T to install larger transmitters, but place them on top of the higher commercial buildings within city limits. I am surprised that the City relied on a noise study paid for by AT&T. Of course they would not submit a study which had results that were not advantageous to the corporation. There seems to be a conflict of interest here. If these towers do not comply with the city noise ordinance after installation, will we have the legal basis to require their removal? Our family moved to the City of Palo Alto from New York. City in 2004. We were fortunate enough to be able to move wherever we like. After extensive research on communities around the country, we chose Palo Alto based on many factors, one of the most important being the beauty and character that was the result of citizens that were deeply involved in making sure that the needs of business and the community members were balanced. This generation of community members needs to carry on the tradition of • growth with a plan, otherwise it will put us .on the wrong trajectory. According to AT&T, the FCC requires that localities act on applications for collocation within 90 days of filing. I have not verified this ruling, but if true, please, as our representatives, deny the application and come up with a Wireless Master Plan that will preserve the character of our community. Finally, I have heard rumors that there may be a financial benefit to the City of over $300,000 dollars if they approve the application. Is this true? • CITY OF PALO ALTO Office of the City Clerk CITY F P?A L 0 A 1..1..1, C.A APPEAL FROM THE DECISION OF DIRECTOR OF PLA 1NIt L E R K' S O F F tC AND COMMUNITY ENVIRONMENT* 11DC 2PH2: 9 For appeals of final decisions on Architectural Review Board and Home Improvement Exception ap�p icat ons (rendered after public hearing), this appeal form shall be completed and submitted by appellant within fourteen days from date of the Director's decision. Appeals of final decisions on Individual Review applications (rendered after public hearing) must be submitted within ton days of the Director's decision. Complete form, the'current fee and a -letter stating reasons for the appeal shall be submitted to front desk staff of the Planning Division, 5th floor, City Hall, 250 Hamilton Avenue, except for 980 Fridays when City Hall is closed, when these items shall be submitted to Planning staff* at the Development Center, 265 Hamilton Avenue (glass storefront across from City Hall ort the corner of Bryant and Hampton). * Director of Planning includes his designees, which are Planning Managers or the Chief Planning Oficiat Appeal Application No. -• Receipt No. 1 (JU L33(p 03 / co1) Name of Appellant ,J'C c Phone (4th'- --' _1- L-fZ..a Address r3 L Et-kP f P ,-i/i V1kL_ A- O Street City LOCATION -OF PROPERTY SUBJECT TO APPEAL: Street Address 5 t C DAC 5 Name of Property Owner (If other than appellant) f •iE1"T C7 (A)s'1j Property Owner's Address Street City ZIP The decision of the Director of Planning and Community Environment dated , ,.ELT 26 whereby the application-JIN 47 by 1T t -- _.__.___ (file number) (original project applicant) was ,Is hereby appealed for the reasons stated in the attached letter (in duplicate) tap r vedldenled) Date: i.iJ 2-D I1 Signature of Appellant • . ZIP PLANNING COMMISSION RECOMMENDATION TO THE CITY COUNCIL (TO BE FILLED OUT BY STAFF): Date Remarks and/or Conditions: Approved Denied _ .. CITY COUNCIL DECISION (TO BE FILLED OUT BY STAFF): Date Remarks and/or Conditions: SUBMITTAL REQUIREMENTS SATISFIED: Approved Denied 1. Letter stating reasons for appeal 2. Fee (currently *37�6'00 December 22, 2011 Dear City Council, My name is Stacey Bishop and I've been a resident at 230 Leland Avenue for the past 6 years. I'm writing regarding the placement of the DAS Antenna at 1880 Park Blvd. In short, I respectfully request that the proposed cell tower be moved from 1880 Park Blvd to 1960 Park Blvd for the following three reasons: 1. Absence of Tree Canopy at 1880 Park Blvd AT&T's DAS application implies the City of Palo Alto has established criteria defining suitable locations for DAS cell tower antenna placement. A key criterion is that each selected location be well -screened by tree canopy. The location at 1880 Park Blvd fails to satisfy this criterion. The cell tower would be adjacent to a deciduous tree, leaving the tower completely exposed for half the year (November — April). 2. Unacceptable Proximity to Our Home The proposed utility pole at 1880 Park Blvd is fewer than 20 feet from our family's home, I'm deeply concerned about the noise levels to which my family and I will be subjected when we're outside on our backyard patio and in our home. 3. Material Impact on Property Value In 2006, my family spent hundreds of thousands of dollars to add a second story to our home. In the design plans, we purposefully placed second -story windows so that each window would have an unobstructed view of Peers Park. We also spent several thousand dollars to bury the power lines outside our home for aesthetic reasons. The proposed cell tower at 1880 Park Blvd would negate all this investment. Instead of seeing beautiful Peers Park when she looks outside her bedroom window, our 3 -year old daughter would be staring at a hideous antenna equipment box. 1960 Park Blvd is a Better Alternative There's an easy solution that addresses the above issues and concerns: Relocate the proposed cell tower 325 feet from 1880 Park Blvd to 1960 Park Blvd. 1960 Park Blvd is a much better choice for a variety of reasons. First, this utility pole is no closer than 1-00 feet from the nearest house. Second, this utility pole is adjacent to an open field in Peers Park. And, most importantly, this utility pole is well -screened year-round by an evergreen tree. We'd Be Forced to Move I realize that the FCC Telecommunications Act of 1996 prevents the City of Palo Alto from blocking AT&T's installation of these towers based on health concerns. However, I'm compelled to share with you just how intensely troubling the prospect of a cell tower at 1880 Park Blvd is for me, my husband, and our 5- and 3 -year old children. Two years ago, I was diagnosed with a 3.5 -cm brain tumor that grew from the C2 nerve behind my right ear — directly where I had been pressing a cell phone against my head for nearly two decades. The tumor severely compressed my spinal cord and brain stem, resulting in significant muscle weakness on the right side of my body. It required a team of neurosurgeons at UCSF and a 9 -hour surgery to remove the tumor. 1 only share the above with you so you can genuinely appreciate why this proposed cell tower at 1880 Park Blvd is such a sensitive subject for me. There are simply too many unknowns regarding the health impact of long-term exposure to cellular technology — especially on children. 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T � t� C ib i If 1 i.. i. : 1 t„� . .ta,'%1 •arm �rf s , r � �r 1 •r�� .rlt� �C. � .n'�4;•,� I ��rf�� 'ii � `Q : �I � �. 1t°l� ��T•. �ata ''a 14 .' •f>r I • s3� � rL igft. + r :•: 1 '��� `� , ya ,� �' F Vr� J� r •�/ rti •t ! 1 rr,./r t ,I� 1t,^1i �r �4� ',.r 1 A 4' Peers .Park 1880 Park Blvd Pole Jo 1960 Blvd Pole fy 'b45 / y,(p; Alternative Location: Utility pole across the street from 1960 Park Blvd., which was not considered in AT&T application which is approximately 350 feet from the 1880 Park Blvd. location. RICHARD D. & CHARLENE MALTZMAN 1880 Park Blvd. Palo Alto, California 94306 Cell: (415) 317-5600 Fax: (650) 618-0411 December 22, 2012 City Council Appeal Board Palo Alto City Hall Palo Alto, CA 94301 Re: 4ppeal from Decision of the Architectural Review Board to permitAT&T to install a DAS tower in front of 1880 Park Blvd., Palo Alto Ladies and Gentlemen of the Council: My wife and I wish to join in the Appeal of Stacey Bishop regarding the location of an AT&T DAS tower in front of our home at 1880 Park Blvd. I reiterate all of the arguments Stacey has so eloquently made. However, I have some additional points which I wish to address: It was our understanding that a condition of approval was to include shielding the antennas with evergreen trees. As noted in the photos attached to Stacey's letter, the tree in front of 1880 Park Blvd. is a deciduous tree while the tree across from 1960 Park Blvd. is an evergreen tree and not in the immediate proximity to any residence.. My wife and I are seniors (76 and 79 years) and take STRONG OBJECTION TO THE ARGUMENT THAT SAFETY OF SENIORS IS ENHANCED by better coverage. It is true that at the meeting of Dec. 8 at the Architectural Review Board one resident who was an unfortunate victim of MS said she felt more secure when going for walks knowing that her cell phone was readily available. This might also be the case for baby sitters and anyone else. We all concur that AT&T's service needs to be improved. But we are less than convinced that their DAS program is the best way to accomplish this. Many peoplecommented that they use Verizon and get exceptional service — yet Verizon is apparently -able to accomplish this without destroying our residential neighborhoods or, adversely impacting our property values. We suspect that this is a cost -saving approach that will benefit AT&T at the expense of Palo Alto's property values. The plan proposed is not a comprehensive one, nor has the selection process been well thought out. Addressing just the selection of 1880 Park Blvd. as a location for a DAS tower is demonstrative of that fact. The telephone pole across the street from 1960 Park Blvd, shaded as it is by an evergreen tree and not within 100 feet of another residential structure, is clearly the desirable location for the tower, but it apparently was never considered. Instead they considered the pole in front of our neighbor at 1872 Park Blvd, but this was rejected as "unacceptable" by AT&T because it was adjacent to a driveway and the evergreen tree canopy was taller than the pole. The pole at 1880 Park Blvd. is also adjacent to our driveway and the deciduous tree adjacent to it is equally as high as the evergreen tree at 1872Park Blvd. Finally, I wish•to challenge the engineering report supplied by AT&T at the request of the City to assure the City that the sound level generated by a DAS system would be less than the permitted 45 decibels. AT&T supplied such a report, but as a lawyer I can tell you that it would never be admitted into court as the report of an expert. All the report said was that based on the assurances of AT&T and the manufacturer of the equipment that the sound level being generated was 43 decibels, the engineering company found that the sound level was 43 decibels. The engineer made no independent study of a tower, nor, to our knowledge, has AT&T built a prototype so that an actual test could be run to determine noise level. This is worse than no report at all as it is an attempt to pull the wool over the eyes of the City. In other words, accept my word for it as I am AT&T. Additionally, there is no indication as to the frequency of inspection of radiation or noise levels coming from the DAS towers. We know that in at least one instance in San Francisco AT&T which normally inspects for radiation every other year has agreed to inspect at least once a year. We respectfully request that absent an actual operating DAS that can be viewed and listened to by the City's engineers, the approval of the ARB be reversed! Absent that, at a minimum we request that at least the location for a DAS tower at 1880 Park Blvd. be reversed and the tower be placed, inste.d, at the pole opposite 1960 Park Blvd, shaded as it would be from view by the evergreen tree at that location in Peers Park. We would hate to lose Stacev and her beautiful family as our neighbors. i� �J�:s:�gr� s .tom..✓ CITY OF PALO ALTO Office of the City Clerk DEC 2.9 201q APPEAL FROM THE DECISION OF DIRECTOR OF PLANNING AND COMMUNITY ENVIRONMENT* For appeals of, final decisions on Architectural Review Board and Home Improvement Exception applications (rendered after public hearing), this appeal form shall be completed and submitted by appellant within fourteen days from date of the Director's decision. Appeals of final decisions on Individual Review applications (rendered after public hearing) must be submitted within ten days of the Director's decision, Complete form, the current fee and a letter stating reasons for the appeal shall be submitted to front desk staff of the Planning Division, 5 floor, City Hall, 250 Hamilton Avenue, except for 980 Fridays when City Hall is closed, when these items shall be submitted to Planning staff at the Development Center, 265 Hamilton Avenue (glass storefront across from City Hall on the corner of Bryant and Hamilton). "Director of Planning Includes his designees, which are Planning Managers or the Chief Planning O icial . Appeal Application No. Receipt No. (U 3(03 Y " I ) O� 30. %t1k% tI ."Ce, i rk Name of Appellant 1�QSctd �� . Phone (� O) ^ D /I o . Address2'79'i poi a o .34 31r, "G Street City - ZIP LOCATION OF PROPERTY SUBJECT TO APPEAL: street address o`c,c s 1 I—OL-10Gft '3S�C'i Name of Property Owner (if other than appellant) _ �_ # of S0.© f.i c� Property Owner's Address j0 /k4RAi C} 2:1C) Street KCtty ZIP The decision of the Director of Planning and Community Environment dated.. 'Dece ii.4r «• . 20j[,_,,,,,,.,,,,, whereby the application I i. PLN iO 3 o by _/Y14 T (file number) (original project applicant) was , is hereby appealed for the reasons stated in the attached letter (in duplicate) ppr denied) Date: Signature of PLANNING COMMISSION RECOMMENDATION TO THE CITY COUNCIL (TO BE FILLED OUT BY STAFF): Date Remarks andlor Conditions: Approved Denied CITY COUNCIL DECISION (TO BE FILLED OUT BY STAFF): Date Remarks andlor Conditions: Approved Denied SUBMITTAL REQUIREMENTS SATISFIED: 1. Letter stating reasons for appeal Received by 2. Fee (currently- ,1 )— Received by: This letter is to appeal the AT&T DAS Antenna on the utility pole located at 2704 Louis Rd. Palo Alto. This appeal is in regards to several issues pertaining to "significant gap in coverage," safety, reliability, engineering concerns, and specific capacity. "SIGNIFICANT GAP IN COVERAGE" There is a cell tower located at the First Congregational Church 1985 Louis Rd. concealed in the cross that provides good coverage for our block. AT&T should place the antenna on a block that needs and wants better coverage and that is not on our block. SAFETY There already is equipment (transformer) attached to this utility pole. Above -ground electrical transmission lines are subject to damage from overloading, winds, trees, earthquakes and collisions from motor vehicles and aircraft. (ATTACHED SAN MATEO COUNTY STUDY PAGE 13). This utility pole is in seismic 4, flood zone, and flight path. AT&T has not addressed seismic safety or these other issues. AT&T also has not provided information regarding noise decibels from the fans that will be running 24/7. There have been studies citing environmental noise pollution can have negative impact on health. RELIABILITY AT&T has not disclosed standards to ensure that the antenna installation at this site will be constructed and maintained in a safe manner and do not effect electric system reliability. They have not ensured that pole -top antennas do not compromise the reliability of electric utility, telecommunications, and cable facilities attached to this pole. There is a "caution" regarding this pole that says "other utilities that are not shown may exist in work area. Location and depth of existing substructure not guaranteed." (AT&T ATTACHMENT FILED WITH 2704 LOUIS RD.) ENGINEERING CO NC ERNS AT&T has not addressed local climate conditions, specifically earthquakes, arrangement of supply lines and equipment already on the pole (transformer), space restrictions, pole condition, grounding, and proximity to potential hazards. Other factors such as attachment weight, moisture content, vibration, and settling add stress to poles. There is significant settling in this area. Not every pole such as 2704 Louis Rd. pole will qualify for a pole -top antenna due to the above factors. Also, there is an engineering concern regarding this utility pole that says "other utilities that are not shown may exist in work area. Location and depth of existing substructure not guaranteed." -This caution" and concern did not appear on i ■r■.��n n rrrYr � r .� the other nineteen DAS antenna proposals. (AT&T • ATTACHMENT FOR 2704 LOUIS RD.) AT&T should not select a utility pole where there are already problems indicated with the utility pole at 2704 Louis Rd. SPECIFIC CAPACITY The City of Palo Alto can reserve capacity on our facilities for future expansion. It is our understanding that the 1996 Telecommunications Act does not prohibit this if such reservation is consistent with a bona fide development plan that reasonably and specifically projects a need for that space in the provision of the core utility service. The Order on Reconsideration, the FCC ruled that a utility could reserve space in anticipation of its near -term requirement to install cables for its own, internal communications needs in support of its core utility service. The City of Palo Alto should move forward with the underground electrical wire project that it first started back in 1966. AT&T did not fully disclose its intentions of "blanketing" the City with 80+ DAS Antennas. First they proposed only nine DAS Antennas. Now the amount of DAS Antennas has increased nine times and will probably continue to grow. The City of Palo Alto should be wary of AT&T's motives like Burlingame and San Carlos. AT&T just wants something up fast and really has not addressed important issues. If it's true that people in Palo Alto want better coverage than AT&T needs to put the antennas in front of those homes. They need to address concerns of seismic safety, noise pollution, power outages, maintenance/service responsibilities. Our block does not have a tremendous need for this antenna since the cell tower at 1985 Louis Rd. provides good coverage. It is our hope that you will reject the antenna at 2704 Louis Rd. and have AT&T select another utility pole on a block that really does need- better coverage. This is not "NIMBY." There are no significant gaps in coverage because there is a cell tower at 1985 Louis Rd. that provides good coverage. Per the 1996 Telecommunications Act, denial can be based on safety and engineering concerns. I think the utility pole at 2704 Louis Rd. qualifies for both due to the problems indicated with "other utilities that are not shown may exist in work area and location and depth of existing substructure not guaranteed." AT&T should select a utility pole that does not have these "cautions" to prevent unforeseen problems. It should also be rejected based on seismic, environmental noise pollution, flood, settling, and flight path concerns. Thank you for your consideration. Janell Sumida-Riker and James Riker Masao Sumida and Eiko Sumida 2704 Louis Rd. Palo Alto, CA 94303-3650 .»-._-..:,-� .._.,..—..ter •-- -_ ... �k.. �; . :j -- I4 -.. 1 . r:• 7'i... 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TT.. �i.a. 9 t, jc Z J C{ !� "4•i.r f.. ri S'!•+.J'-I ••iii''•c'^. '''r'p�.Li:�i; c,:. .'�,��?•�..,...-.:-..... ..:.:. .. v;t:.'..,_ _ , . - ., Y Y Electrical Power Transmission EquipmentC'f` �r of , • � .. _ Page ] 3 46 Above -ground electrical power transmission lines suspended on popes and towers exist throughout the County. Many power line poles are located adjacent to streets and roads and many of the transmission wires are suspended above large areas of dry vegetation and near untreated wood shake or shingle roofs. Most of the electrical power. provided within the County is supplied via aboveground facilities. Currently, most solar (PV) systems do not install emergency disconnects at the rooflines, nor do they permanently label these emergency disconnects with reflective, fade -resistant material stating "EMERGENCY DISCONNECT." Above -ground electrical power transmission lines are subject to damage from overloading, winds, trees, earthquakes and collisions from motor vehicles and aircraft. When damaged, these facilities often start fires involving dry vegetation andlor untreated wood shakes or shingles from the resultant arcing and sparking. Frequently, such damage results in numerous fires being started simultaneously, thereby quickly dispersing available fire department forces. This in turn results in delayed and/or limited response by the fire department to any given tire, thereby causing excessive fire damage due to limited fire department capacity. Damaged electrical lines often fall onto streets, thereby obstructing response routes from fire stations to fire locations, which again results in excessive fire damage due to limited and/or delayed response by the fire department. Also, damage to electrical transmission lines frequently results in large areas of the community being without power for extended periods o€ time. Unless a building involved in a fire located in a powerless area has its own automatic fire alarm system containing an emergency power supply or fire sprinkler system, fire can result in major damage and possible loss of life. Additionally,, the existence of above -ground electrical transmission poles and lines along streets and near buildings often results in partial to - -complete obstruction of exterior operations and access to the building by fire department aerial apparatus. This again limits the effectiveness and capabilities of the fire department and contributes to extensive fire losses. d. Recommendations and Proposed County Code Language The Planning and Building Department recommends the following four amendments to the California Building Standards Code because they are htt»:Ilwww.ety.sanmK[�l.c:tt.uslhc►ti.dir/Rt�sAsT ncir�ti/�U�nc3a�2f1tIR/Asrund�7(}t}R17.�1�312�(lK... 1212R/201I CITY OF PALO ALTO Office of the City Clerk APPEAL FROM THE DECISION OF DIRECTOR OF PLANNING F ' �u1 AND COMMUNITY ENVIRONMENT* ! t: e'Z n.t of Planning ~ For appeals of. final decisions on Architectural Review Board and Home Improvement Exception application's`}(trer�dePeb' ftetkpGblionorri hearing), this appeal form shall be completed and submitted by appellant within fourteen days from date of the Director's decision. Appeals of final decisions on Individual Review applications (rendered after public hearing) must be submitted within ten days of the Director's decision. Complete form, the current fee and a letter stating reasons for the appeal shall be submitted to front desk staff of the Planning Division, 5th floor, City Hall, 250 Hamilton Avenue, except for 980 Fridays when City Hall is closed, when these items shall be submitted to Planning staff at the Development Center, 265 Hamilton Avenue (glass storefront across from City Hall on the corner of Bryant and Hamilton). * Director of Planning includes his designees, which are Planning Managers or the Chief Planning Of1'icial Appeal Applicaflon No. 1 1 PLN-00340 Receipt No. 12 j2.0 ice- - t /O t Name ofAppellant Tench Coxe Phone( ) 415-693-2070 Address 1401 Emerson Street Palo Alto CA . 94301 Street City ZIP LOCATION OF PROPERTY SUBJECT TO APPEAL: Street Address NA- AT&T DAS Project, multiple locations Name of Property Owner (if other than appellant) City of Palo Alto Prop . arty Owner's Address 250 Hamilton Ave, Palo Alto, 94301 Street City ZIP The decision of the Director of Planning and Community Environment dated December 16 2011 whereby the application 11 PLN-00340 by AT&T (file number) (original project applicant) was approved , is hereby appealed for the reasons stated in the attached letter (in duplicate) (approved/denied) Date: 12/29/2011. Signature of Appellant ___ lo� PLANNING COMMISSION RECOMMENDATION TO THE CITY COUNCIL (TO BE FILLED OUT BY STAFF): Date Approved Denied Remarks and/or Conditions: CITY COUNCIL DECISION (TO BE FILLED OUT BY STAFF): Date Approved - Denied Remarks and/or Conditions: SUBMITTAL REQUIREMENTS SATISFIED: 1. Letter stating reasons for appeal Y" Received b 2. Fee (currently $-1511-:00) $ 3 76 ✓ Received by COO1KI Patrick P. Gunn BY HAND DELIVERY T:+1 415 693 2070 pgunn@cooley.com December 29, 2011 Mr. Curtis Williams Director, Planning and Community Environment 285 Hamilton Avenue Palo Alto, CA 94301 Re: AT&T Mobility DAS Project [11 PLN-00340] Request for Hearing Dear Mr. Williams: We represent Tench Coxe, a resident of Palo Alto. On behalf of Mr. Coxe, we write to request a hearing on the Director's decision to approve with conditions the recommendation of the Architectural Review Board ("ARB") to grant the above referenced application by AT&T Mobility ("AT&T"). The grounds for this request are summarized below. The approval of AT&T's application presents important precedential issues concerning the future of wireless communications in Palo Alto. As framed in the application, AT&T proposes to install wireless communications equipment ("DAS Antennas") on publicly owned utility poles in 19 locations in residential neighborhoods. However, as AT&T conceded in the public hearing before the ARB on December 8, 2011, this application is little more than a test case. Assuming the approval stands, AT&T intends to use it as a template.for seeking approval of up to. 80 antennas throughout the City. Other wireless carriers are watching closely. As recognized in the City Council Staff, Report titled Wireless Communication Facilities Workshop dated 5/16/11 (I.D # 1597), the City expects an "extensive number of cell cite applications" in the near future as wireless providers seek to satisfy demands for capacity and speed. (Id.) Mr. Coxe and other Palo Alto residents are equally concerned. No one disputes the desirability of improved wireless service. The issue is rather how to support the development of the most advanced infastructure possible while preserving the aesthetic quality of Palo Alto neighborhoods. The DAS antennas ultimately recommended by the ARB and approved by the Director will result in a material degredation of the visual environment in Palo Alto. As initially proposed (see illustrations at pages 4 and 24 of the ARB Staff Report dated 12/2/11 ("ARB Staff Report"), each antenna consisted of a "prism cabinet", a battery box, and an "optical network interface box" strapped to each utility pole, with each pole capped by a bat -eared antenna fixture consisting of two squat cylindrical cannisters mounted on either end of a T or H shaped metal bracket. The ARB was rightly concerned about the unsightly appearance of the antennas and urged AT&T to make changes for a "better screened project". (ARB Staff Report, p. 6.) These included: (1) facing the pole mounted equipment away from adjacent homes; (2) consolidating pole mounted equipment to reduce visual clutter; (3) placing equipment below grade; (4) limiting equipment to poles adjacent to evergreen trees; (5) placing equipment mid -block, rather than at corners; (6) placing. equipment on poles without existing light fixtures. (Id.) As 'reflected in the Conditions of 101 CALIFORNIA STREET, 5TH FLOOR, SAN FRANCISCO, CA 94111-5800 T: (415) 693-2000 F: (415) 693-2222 WWW.COOLEY.COM Cooley Curtis Williams December 29, 2011 Page Two Approval, AT&T was ultimately successful in resisting many of these suggestions, often on the basis that they were not technically feasible (e.g., installing equipment below grade) or were undesirable for other reasons (e.g., elimination of battery boxes). In the end, the changes approved by the ARB permit AT&T to use the same basic design for its equipment,. except for eliminating one of the two pole top cannisters. While this represents some improvement on the original, it cannot be reasonably disputed that Palo Alto streetscapes would be more attractive without the antennas. More importantly, this negative impact is not justifiable. As Mr. Coxe pointed out in multiple letters to the ARB and Staff, there are alternatives to AT&T's DAS proposal that would provide equivalent improvements to wireless service without the need to mount unsightly antenna equipment on public property. (See, e.g.; letter from Patrick Gunn to Amy French dated December 6, 2011 enclosing letters dated October 7, 2011, and July 13, 2011, a copy of which is enclosed.) One notable possibility is WiFi based technology developed by companies including Kiento and Ruckus Wireless. Indeed, these and other alternatives (including macrocells) are discussed specifically in the City Council Staff Report on Wireless Communications Facilities dated May 16, 2011, referenced above. The ARB and the Director did not require AT&T to discuss any of these alternatives, muchless justify its proposal to install intrusive antennas that might prove entirely unnecessary. Mr. Coxe submits that the applicable provisions of the Municipal Code require no less, and that it was error to approve AT&T's application without considering those alternatives. The ARB is charged with "enhancing the desirability of living conditions upon the immediate site or in adjacent areas," and "promoting visual environments which are of high aesthetic quality and variety, and which at the same time, are considerate of each other." (Municipal Code Section 18.76.020.) Wireless communications equipment should be designed "to minimize visibility offsite", should "utilize the smallest footprint possible... minimize overall height, mass andsize... be screened from public view.., and be architecturally compatible with the existing site." (Municipal Code Sections 18.42.110(a), (c). Because alternatives to AT&T's DAS proposal exist, and AT&T was never required to discuss them, neither the ARB nor the Director were in a position to conclude that AT&T's proposal was in fact consistent with the above requirements. Many of the Findings for Approval recommended by the ARB and approved by the Director are likewise unjustifiable. For example, Finding 1, "The design is consistent and compatible with applicable elements of the Palo Alto Comprehensive Plan" was based in part on the determination that "the project, as conditioned, incorporates a more streamlined design that conforms with policies that encourage quality development that is compatible with surrounding development and public spaces...." Finding 3, "The design is appropriate to the function of the project", was based on a similar determination that "the design of the equipment is not excessive for the intended utility use...." These and several of the findings simply cannot be made given the failure to explore alternatives that might potentially obviate the need for DAS antennas altogether. Ultimately, AT&T's application and the Director's approval illustrates the inadequacy of the City's current regulatory regimen for wireless infastructure. The City would be well served to follow 101 CALIFORNIA STREET, 5TH FLOOR, SAN FRANCISCO, CA 94111-5800 T: (415) 693-2000 F: (415) 693-2222 WWW.COOLEY.COM a Cooley Curtis Williams December 29, 2011 Page Three the lead of several other forward looking California municipalities in promulgating a wireless communicaiton facilities master plan to comprehensively address and facilitate co -location of wireless communications facilities in a manner that delivers state of the art technology while protecting the character of Palo Alto neighborhoods. For the above reasons, Mr. Coxe respectfully requests a hearing to review the, Director's approval of the ARB's recommendation. Sincerely, Patrick P. Gunn Enclosure cc: Clare Campbell (w/ Enclosure) 1249788 vl/SF 101 CALIFORNIA STREET, 5TH FLOOR, SAN FRANCISCO, CA 94111-5800 T: (415) 693-2000 F: (415) 693-2222 WWW.COOLEY.COM Cooley Patrick P. Gunn T: +1415 693 2070 pgunn@cooley.com December 6, 2011 Amy French Planning Manager Palo Alto Architectural Review Board c/o Palo Alto Planning Department 250 Hamilton Avenue, 5tn Floor Palo Alto, CA 94301 Re: AT&T DAS Project [11 PLN• 00340] Dear Ms. French and Architectural Review Board Members: VIA EMAIL AND FEDEX We represent Tench Coxe and the Group Palo Alto Citizens for Responsible Wireless Communications ("Residents"), all residents of Palo Alto ("City"). On December 2, 2011, Architectural Review Board Staff issued a Report ("Staff Report"). recommending approval of AT&T's above referenced application to install wireless communication equipment (Distributed Antenna Systems, or DAS) on 19 publicly -owned utility poles in Palo Alto. This application is particularly significant because if approved, AT&T intends to deploy up to 80 antennas through the City based on the same design. The purpose of this letter is to register Residents' strong objections to Staffs recommendation to approve this application.' A summary of those objections is set forth below. AT&T's Proposed Antenna Design is Inconsistent with the Palo Alto Municipal Code and AT&T Has Ignored Requests to Provide Alternatives The ARB is charged with "enhancing the desirability of living conditions upon the immediate site or in adjacent areas", and "promoting visual environments which are of high aesthetic quality and variety, and which at the same time, are considerate of each other." Palo Alto Municipal Code Section 18.76.020. While the City unfortunately lacks the sort of comprehensive wireless master plan adopted by other forward looking cities, it does have regulations that speak to the design of wireless antenna equipment.2 Such equipment should be designed "to minimize 'As of the date of this letter,146 Palo Alto residents had logged on to the Palo Alto Citizens for Responsible Wireless Communications website (wirelesscitizenspa.com) and electronically signed a petition registering their objection to AT&T's application. 2 Ultimately, AT&T's application and Staff's response illustrates the inadequacy of the City's current regulatory regime for wireless infrastructure. Residents urge the City to follow other California Municipalities in promulgating a wireless master plan to comprehensively address and facilitate co -location of wireless communication facilities in a manner that delivers state of the art technology while protecting the character of Palo Alto neighborhoods. 101 CALIFORNIA STREET, 5TH FLOOR, SAN FRANCISCO, CA 94111-5800 T: (415} 693-2000 F: (415) 693-2222 WWW.COOLEY.00M Cooley Amy French December 6, 2011 Page Two visibility offsite", should "utilize the smallest foot print possible... minimize overall height, mass, and size... be screened from public view.., and be architecturally compatible with the existing site." Palo Alto Municipal Code Section 18.42.110(a) -(c). "Co -location" (the sharing of equipment between carriers) is "preferred and encouraged". Id. AT&T's "T" design for its DAS equipment can be fairly likened to "garbage on a stick". It is visually unattractive, intrusive, and unscreened. As shown by the illustration on pages 4 and 24 of the. Staff Report, AT&T proposes to attach multiple pieces of equipment to each utility pole. These begin about 10 feet off the ground, and consist of a "prism cabinet", a battery box and an "optical network interface box". At the top of each pole sits a bat -eared "antenna fixture" consisting of two squat cylindrical canisters mounted on either end of a "T" or "H" -shaped bracket. As noted in the Staff Report (p. 6), at the August preliminary review of this project, the ARB was concerned by the visual impact of AT&T's equipment and provided several placement recommendations for designing a "better screened project." They included: (1) facing the pole mounted boxes away from direct views of adjacent homes; (2) consolidating all pole mounted equipment to reduce visual clutter; (3) placing as much equipment as possible below grade; (4) selecting poles adjacent to evergreens, and not deciduous trees; (5) placement of units mid - block instead of at more visible corners, and adjusting the height of pole mounted boxes to make them less disruptive to pedestrian views, and (6) not placing equipment on poles already supporting light fixtures. According to the Staff Report, AT&T largely ignored these recommendations. As noted in p. 6: * Only' 13 of the 19 poles will have equipment facing the side of the pole, rather than toward homes or streets; * None of the pole mounted equipment has been consolidated to reduce visual clutter; * None of the pole mounted equipment has been placed below grade; * AT&T has provided no information about whether its proposed placements are adjacent to evergreen trees, rather than deciduous trees; * Two of the placements remain at a corner, rather than at mid -block; * While the battery box has been placed slightly higher than originally proposed, it remains in the line of sight of pedestrians, and * 10 of the 19 poles slated for AT&T antennas have light fixtures attached to them. 101 CALIFORNIA STREET, 5TH FLOOR, SAN FRANCISCO, CA 94111-5800 T: (415) 693-2000 F: (415) 693-2222 WWW.COOLEY.00M Cooley Amy French December 6, 2011 Page Three As also noted in the Staff Report, Staff and the ARB previously asked AT&T to provide alternatives to its proposed "T" design. AT&T ignored that request as well, although it apparently hinted it "might choose" to display some "whimsical designs" at the ARB meeting (p. 5). In -fact, there are many alternative approaches to improving wireless service in Palo Alto that are far less intrusive and more flexible than the old "RF" technology represented by AT&T's DAS proposal. One notable possibility is WiFi based technology developed by companies such as Kineto and Ruckus Wireless. Residents described this technology in detail in our prior correspondence to the ARB dated July 13, 2011, and October 7, 2011. Copies of that correspondence are attached and incorporated by reference. These and other alternatives are discussed in the City Council Staff Report titled Wireless Communication Facilities Workshop, dated 5/16/11 (ID # 1597). AT&T's refusal to respond to the ARB's specific recommendations and requests is difficult to understand, except perhaps as arrogance and contempt for the process. Whatever AT&T's motivations, the failure to respond requires denial of its application, or at least the- tabling of such until AT&T deigns to`cooperate. Strangely, Staff has reached the opposite conclusion. Staff recommends approval of AT&T's original and unmodified 'T" design, but proposes to delete one of AT&T's two pole -top canisters as well as the battery box. Approval, of this Staff -modified design would not be appropriate. First, the modification would not respond to most of the ARB's screening recommendations, much less the ARB's specific request that AT&T provide alternatives to its design. In addition, as recognized in the Staff Report itself, Staff's modification would eliminate the ability of AT&T's DAS antenna to support the needs of other wireless carriers, and thus would prevent co - location. See Staff Report, p. 4. That would be nonsensical. If Staff's proposal were followed, the likely result would be a proliferation of additional antennas, because other carriers excluded from co -locating their services on AT&T's equipment would seek to install their own DAS antennas. For each and all of these reasons, Residents respectfully' request that AT&T's application be enied, or at least tabled until the information the. ARB has previously requested is supplied and c n be con ' red. S cerely, \' .. Patrick P. Gunn Enclosures cc: Clare Campbell 1246144 vl/SF 101 CALIFORNIA STREET, 5TH FLOOR, SAN FRANCISCO, CA 94111-5800 T: (415) 693-2000 F: (415) 693-2222 WWW.COOLEY.COM Co,oley. Brandon Kimura T: +1.650 843 5409 bkimura@cocley.com October 7, 2011 Amy French, Planning Manager Palo Alto Architectural Review Board c/o Palo Alto Planning Department 250 Hamilton Avenue, 5th Floor Palo Alto, CA. 94301 RE: AT&T Mobility DAS Wireless Application: 11 PLN-00033 Dear Ms. French and Architectural Review Board Members: VIA FEDEX We represent Tench Coxe and the group Palo Alto Citizens for Responsible Wireless Communications ("Residents"), all residents of Palo Alto ("City"). The Residents wish to object to AT&T's ("Applicant") Wireless Facilities Permit Request # 11 PLN-00033. In particular, the Residents object to AT&T's addition of eleven (11) additional sites to its application and the Planning Department's decision to designate these sites as "co -located" facilities. The Residents also wish to comment on statements. made during the previous Architectural Review Board meeting on August 4, 2011 regarding the Board's review of alternative technologies and statements made by the Applicant regarding the feasibility of ,WiFi as an alternative to RE systems. AT&T's Late Inclusion of Eleven Additional Sites To Its Application Is Unfair To Affected. Residents First, the Residents object to AT&T's addition of eleven (11) additional sites to its original permit request. The timing of this addition will not permit residents affected by these additional sites to become informed regarding the issues related to the request. Affected residentshave also been prevented from commenting or objecting to the current application, which has already received a significant amount of review by the City and the Architectural Review Board. This is particularly harmful given the Planning Department's decision to designate all of these sites as "co -located" facilities, thus circumventing the Conditional Use Permit process. AT&T should be required to submit these sites as a separate permit request, and, for the reasons discussed below, should be required to apply for a Conditional Use Permit. AT&T's Structures Should Not Be Designated As "Co -located" Facilities Next, the Residents believe that this application has been improperly designated as "co -located" facilities. First, the Residents do not believe that the record supports this designation. Next, allowing facilities that only offer the potential for co -location undermines the value the City and its residents receive from this designation. Finally, designating these sites as "co -located" divests the City of the important Conditional Use Permit process that protects the safety of the City's residents and their property. FIVE PALO ALTO SQUARE, 3000 EL CAMINO REAL, PALO ALTO, CA 94306-2155 T: (650) 843-5000 F: (650) 849-7400 WWW.COOLEY.COM Cooley Amy French and Architectural Review• Board Members October 7, 2011 Page Two There is nothing in the record to support the "co -location" designation for this application. The Applicant has provided no information other than a statement that these facilities will have space to support equipment from other wireless service providers. The Applicant has not, however, provided evidence on whether the locations are feasible for use by other wireless carriers, or whether its equipment is even compatible with the equipment used by its competitors. The record is also devoid of a statement by any wireless carrier that it would have any interest in co -locating with the Applicant at any of its requested sites. The term "co -location" as used by the Palo Alto Municipal Code Section 18.42.110 should be interpreted as requiring a definite commitment by two or more wireless carriers to "co -locate" at the requested facility. Such an interpretation preserves the integrity of the exception by assuring the City and its residents that they will actually benefit .from a reduction in wireless facilities and the annoyance and disruption that these facilities create. Indeed, the decision to designate AT&T's application as a "co -located" facility will likely have the effect of discouraging rather than encouraging co -location and cooperation amongst wireless carriers. If the "co -location" designation does not require actual co -location, wireless carriers will not be forced to cooperate with each other to identify mutually beneficial locations and compatible hardware and software. Without this level of coordination, it is unlikely that any of these "co -located" facilities will be used by more than one carrier. This will result in more, rather than less wireless communication facilities being installed throughout the City. Finally, allowing applications, that offer potential, . rather .than actual co -location to avoid the Conditional Use Permit process sets a dangerous precedent. As you know, the "co -location" designation exempts projects from the Conditional Use Permit process, which reviews whether a project is "detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience." By circumventing this review, the City is divesting itself of. a critical evaluation . of the safety of these structures, including their ability to withstand events such as high winds, earthquakes, tampering and corrosion. The safety of these structures is critical given AT&T's plans to place eighty (80) of these structures around the City. It also sets a dangerous precedent that will allow other wireless carriers to install numerous similar facilities, while circumventing the Conditional Use Permit process. WiFi Is A Feasible Alternative Technology Next, the Residents would like to comment and clarify statements made during the August 4, 2011 Architectural Review Board Meeting. In particular, he takes issue with the comment by a Board member stating that it was not within the scope of their review to choose between competing technologies. He also takes issue with statements made by the Applicant that WiFi is not a feasible alternative technology. First, there is no rule preventing the Architectural Review Board from considering alternative technologies to the extent those technologies serve the same essential purpose while minimizing visibility and providing a superior "stealth" design" as required by the Palo Alto FIVE PALO ALTO SQUARE, 3000 EL CAMINO REAL, PALO ALTO, CA 94306-2155 T: (650) 843-5000 F: (650)849.7400 WWW.COOLEY.COM f) C.Poley Amy French and Architectural Review Board Members October 7, 2011 Page Three Municipal Code Section 18.42.110(d) and (e). Review of WiFi technology is no different than .the Board's review of alternative cabinet, fan or antenna designs. If an alternative can deliver the same service, but reduce the visual and architectural impact on the community, the Board can and should require an applicant to adopt that technology. Next, contrary to the Applicant's statements, WiFi technology is a viable and superior alternative to RF, particularly for bandwidth hungry smartphones that are the underlying cause of the Applicant's request. As stated in his previous letter, WiFi technology offers superior bandwidth connections with significant reductions in the size and visibility of the supporting facilities. The Applicant also made several comments during the August 4w hearing regarding the feasibility of WIFI technology that are either misleading or simply untrue. They are as follows: • "WiFi network calls. cannot be transferred to standard cell systems." WiFi calls can be transferred to a "standard" cellular network. Indeed, T -Mobile .has already adopted the industry standard Unlicensed Mobile Access ("UMA") system that can seamlessly transfer callers from WiFi connections to a traditional cell network. • "WiFi calling is not secure." The industry standard UMA system provides for secure communication between the phone and the providers networks. • "WiFi does not provide the voice quality of RF." The UMA standard uses the same voice codecs as traditional cell networks. Since the modulation is the same, the quality is the same. • "WiFi does not provide 911 GPS call tracing." The UMA standard fully implements solutions for 911 emergency calls. • "WiFi requires more antennas than RF systems." WiFi does have a smaller coverage radius than some traditional cell systems. WiFi, however, serves a critical role of filling gaps in traditional cell service by off-loading calls and traffic from traditional systems, allowing current RF sites to better handle the remaining traffic. FIVE PALO ALTO SQUARE, 3000 EL CAMINO REAL PALO ALTO, CA 94306-2155 T: (650) 843-5000 F: (650)849.7400 WWW.COOLEY.COM Cooley Amy French and Architectural Review • Board Members October 7, 2011 Page Four Because WiF1 provides capabilities that are on par or superior to the Applicant's DAS proposal, while providing for smaller more "stealth" designs, there is no reason why the Architectural Review Board should not require the Applicant to study and adopt it as an alternative design. Sincerely, Cooley B� on Kimura cc: Tench Coxe (U.S. Mail) Clare Campbell, Planner (Certified Mail) •Sid Espinosa, Mayor (Certified Mail) Patrick Burt, Council. Member (Certified Mail) Karen Holman, Council Member (Certified Mail) Larry Klein, Council Member (Certified Mail) Gail A. Price, Council Member (Certified Mail) Gregory Scharff, Council Member (Certified Mail) . Greg Schmid, Council Member (Certified Mail) Nancy Shepherd, Council Member (Certified Mail) • .Yiaway Yeh, Vice Mayor (Certified Mail) 976390 v1/HN FIVE PALO ALTO.SQUARE, 3000 EL CAMINO REAL PALO ALTO. CA 94306-2155 T: (650) 843-5000 F: (650) 849-7400 WWW.00OLEV.COM • l 1.9y Bfonton Kimura T: +1 650 843 5409 bkimura@cooley.com July 13, 2011 Palo Alto Architectural Review Board c/o Palo Alto Planning Department 250 Hamilton Avenue, 5th Floor Palo Alto, CA. 94301 ilLj JUL i 3 7011 t et:a.r� «nt c4 PI tnniinq & BY HAND DELIVERY RE: Permit No. 11 PLN-00033 - AT&T Wireless Communications Antennas and Equipment Dear Architectural Review Board Members: We represent Tench Coxe, a resident of Palo Alto ("City"). Mr. Coxe wishes to formally object to AT&T's request for a permit to install wireless communication antennas and equipment at the following nine locations: (1) Waverley & Whitman, opposite of 1221 Waverley; (2) 1664. Waverley @ Lowell; (3) 179 Lincoln near Emerson; (4) 1401 Emerson near Kellogg; (5) 119 Coleridge near Alma; (6) 1865 Byrant @ Seale; (7) 135 Rinconada near Alma; (8) 255 N. California near Ramona; (9) 395 Leland near Ash. Mr. Coxe lives in the City with his wife and young son and will be directly impacted by the installation at 179 Lincoln near Emerson, which will be located directly outside his son's bedroom window. Pursuant to Palo Alto Municipal Code Section 18.76.020, the purpose of architectural review is to: (1) Promote orderly and harmonious development in the city; FIVE PALO ALTO SQUARE, 3000 EL CAMINO REAL PALO ALTO. CA 94306-2155 T: (650) 843-5000 F: (650) 849-7400 WWW.COOLEY.00M Cooley Palo Alto Architectural Review Board July 13, 2011 Page Two (2) Enhance the desirability of residence or investment in the city; (3) Encourage the attainment of the most desirable use of land and improvements; (4) Enhance the desirability of living conditions upon the immediate site or in adjacent areas; and (5) Promote visual environments which are of high aesthetic quality and variety and which, at the same time, are considerate of each other. AT&T fails to meet these and all other requirements. for installation of wireless communication facilities. In particular, Mr. Coxe objects to the unnecessary impact these installations will have on the aesthetics of the community and AT&T's failure to show that alternative and less intrusive sites and technologies could not be used to lessen this impact. Mr. Coxe also objects to AT&T's failure to provide sufficient information on its future plans, incorporating these and other proposed installations, which could ultimately amount to approximately 80 locations throughout the City. Without a full disclosure of AT&T's planned wireless installations, it will be impossible for the City to lessen, the impact of AT&T's current proposal, as well as future proposals from all wireless carriers. Finally, Mr. Coxe objects to each of the installations based upon the potential health risks to his family and the residents of Palo Alto in general. Mr. Coxe first objects to AT&T's fundamental failure to show whether other less intrusive • alternatives were considered and why they are not feasible. For instance, according to a recent Palo Alto Planning Report (attached as Exhibit A), a more powerful- monopole antenna can cover the same area as five to fifteen of the proposed DAS installations. These monopole installations can be hidden in a flagpole, a steeple, a faux tree or mounted on the side or top of a building. Despite this, AT&T has failed to show why a monopole antenna is not a feasible alternative for this project. This is particularly important given that this solution could potentially reduce the need for all but one of the proposed installations. Palo Alto Municipal Code Section 18.42.110(c) requires wireless communication hardware to "utilize the smallest foot print possible... be designed to minimize overall height mass, and size.. .be screened from public view...and be architecturally compatible with the existing site." Section (eX1) of the code also requires that antennas "be designed to minimize visibility offsite and shall be of a `stealth' design." AT&T's equipment represents older "RF" technologies that no longer meet these requirements. This issue is compounded by AT&T's plans to install numerous antennas, over 80 in all, including the nine proposed installations currently before this Board. These installations are needed because of the inability of RF technology to efficiently meet the growing need -for mobile connectivity and bandwidth. There are, however, newer technologies that can better meet the current and future needs of the City. Companies like Kineto and Ruckus Wireless have developed WiFi based technologies that can boost the efficiency of current mobile installations for both call and bandwidth intensive data coverage (see articles attached as Exhibit B). These technologies are smaller, less intrusive, and more flexible than current RF systems, and therefore can better meet the Palo Alto Municipal Code requirements that wireless installations be of a minimal size and of a f FIVE PALO ALTO SQUARE, 3000 EL CAMINO REAL. PALO ALTO, CA 94306-2155 T: (650) 843-5000 F: (650) 849-7400 WWW.COOLEY.COM f (]Ooley Palo Alto Architectural Review Board July 13, 2011 Page Three • "stealth" design. Indeed, these technologies represent the future of wireless connectivity that will one day replace the need for bulky DAS and monopole antennas. These WiFi technologies are not experimental. They are proven alternatives that have already been ' adopted by wireless companies worldwide, including T -Mobile. Adoption of these technologies will be slow, however, unless municipalities force carriers to look at them as a real alternative. This can include requiring AT&T to show how these technologies might be used to lessen the impact of its proposed installations, or why its proposed installations are necessary when they are essentially an interim solution that cannot meet AT&T's stated purpose of satisfying the City's current and future wireless connectivity demands. This * is particularly appropriate given AT&T's proposed merger with T -Mobile, which will give the new company an established base of users and personnel familiar with the technology. The most significant issue with AT&T's proposal, however, is its failure to fully disclose its future plans regarding how these installations fit in with the 80 sites it wishes to install in the near future. If AT&T and its competitors are allowed to conceal their wireless coverage plans, this Board would essentially be abandoning all of its responsibilities under Palo Alto Municipal Code Section 18.76.020. Full disclosure of AT&T's and other wireless carriers' plans would allow this Board to determine if the nine current proposed installations are efficiently and effectively located to take advantage of current and future facilities, including those owned or planned by other wireless carriers. This is the only way that this Board can fulfill its goals of promoting "harmonious development," and enhancing and encouraging the most efficient, effective and desirable uses of City property. The alternative would be to allow AT&T and its, competitors to continue with out coordination and cooperation, chaotically and inefficiently developing the City's wireless infrastructure while unnecessarily impacting the value and aesthetics of the City and the lives of its residents. To accomplish its stated goals, this Board should aggressively require wireless carriers like AT&T to coordinate and cooperate with each other, minimizing the impact of the current proposal and future proposals. This is particularly appropriate in AT&T's case given its aforementioned pending merger with T -Mobile. Should the merger be approved, the new company will undoubtedly consolidate its wireless plans. That consolidation could make any one of these sites redundant. The same efficiencies could be gained by coordinating and combining all of the various wireless carriers' plans. Finally and most importantly to Mr. Coxe, is his objection to these installations based upon their potential impacts to the health and tranquility of the community. Mr. Coxe takes particular issue with the installation at 179 Lincoln near Emerson. This installation will put the broadcasting antenna near his young son's bedroom. While he understands that the installation meets with FCC regulations, there is insufficient medical information to guarantee that there will be no long term side effects to his son or his family as a whole. Mr. Coxe's son is particularly susceptible to potentially toxic exposures given his past history with cancer. In addition, based on his neighbor's discussions with AT&T's contact Minh Nguyen, he understands the antennas will drone at 64 decibels whenever the temperature is above 74 FIVE PALO ALTO SQUARE, 3000 EL CAMINO REAL PALO ALTO, CA 94306-2155 T: (650) 843-5000 F: (650) 849-7400 WWW.CO0LEY.00M )... Looley lip Palo Alto Architectural Review Board July 13, 2011 Page Four degrees due to cooling fans integrated into the units. This is the same as two people talking at curbside. This noise will disturb the peace and tranquility of his family and neighborhood. ,For these reasons, Mr. Coxe respectfully requests that this Board deny AT&T's application for a wireless communication installation permit. Sincerely, Goole LLP Ti-' / --' Brandon Kimura Attachments 954189 v1/HN FIVE PALO ALTO SQUARE. 3000 EL CAMINO REAL, PALO ALTO, CA 94306-2155 T: (650} 843-5000 F: (650) 849-7400 WWW.CO0LEY.COM Exhibit A May 16, 2011 City of Palo Alto Wireless Communications Frequently Asked Questions 1. What are the different tunes of wireless communications facilities and what do they do? Commercial mobile radio services (CMRs) fall under the regulatory scope of the Federal Telecommunications Act (TCA) of 1996. The term "CMRs" covers traditional cellular services and newer broadband personal communications services and narrowband PCs as well as wireless point-to- point and point-multipoint services, common carrier microwaves and paging services. The types of CMRs, that are of particular interest to Palo Alto currently include: a) Macrocell mole and building mounted) antenna sites — A macrocell provides the largest area of coverage within a mobile network. Its antennas can be mounted on ground -based masts, rooftops or other structures and must be high enough to avoid obstruction. Macrocells provide radio coverage over varying distances, depending on the frequency used, the number of calls and the physical terrain. Typically they have a power output in tens of watts. The most common cellular sites in past and present applications and installations are referred to as "macro cell sites, which include antenna facilities on poles (hidden or not) and on buildings. A single directional antenna can typically provide wireless communication service to an area encompassing a '/2 -mile radius (a coverage "ring"), though that area may be reduced by topography or other factors. Coverage rings are established with a slight overlap to avoid coverage gaps. Antennas are generally two to four feet tall placed on a pole (monopole, flagpole, inside a steeple, or faux tree, etc.) or mounted on the side or top of a building (see attached photos). Co- axial cable and service equipment is typically located at the pole's base, within a fenced enclosure. In some instances, two or more telecommunications service providers ("carriers") can mount antennas to the same pole (called "collocation") or on a rooftop. On a pole or faux tree, a 10 -foot separation is typically needed between each carrier's antenna. Macro sites are generally preferred by carriers over other installations because of their broader coverage area and reduced maintenance for one site rather than many (see discussion of DAS below). b) Microcell antenna sites and DAS: - Microcells provide additional coverage and capacity in areas where there are high numbers of users, urban and suburban areas, for example. The antennas for microcells are mounted at street level, are smaller than macrocell antennas and can often be disguised as building features so that they are less visually intrusive. Microcells provide radio coverage over distances — typically between '/4 mile and 2/3 mile and have lower output powers than macrocells, usually a few watts. Carriers sometimes choose to use a "microcell" antenna arrangement in lieu of the macrocell antennas. These smaller multiple antenna locations may be appropriate when the firm either has difficulty finding an agreeable property owner on. a site adequate to install a pole or building mounted antenna, or when topography limits,the coverage of a macrocell installation, or when the microcell installations are less intrusive visually or in a neighborhood than a larger installation. One type of microcell installation, referred to as an Outdoor Distributed Antenna System (DAS), is currently proposed for several locations in Palo Alto. The DAS antennas are typically located on utility poles in public rights -of -way (see attached photos). The poles usually have a height of 34 feet above grade (6 feet of the 40 foot pole is located below grade). The DAS generally May 16, 2011 requires 5 to 15 times the number of antennas as one macrocell antenna to cover the same '/2 -mile service area. The coverage rings for each antenna are again situated to provide some overlap to ensure coverage is consistent and calls are not dropped in the transition area between DAS locations.. Antennas are placed at the top of the, utility pole in a single pole or double pole arrangement (see attached photos). Antennas may be shared ("neutral host") by multiple carriers rather than needing installation of separate antennas for each carrier collocating on a macrocell installation. Equipment boxes are needed for each carrier, usually shoe -box size enclosures in the "telecommunications zone" of the pole approximately between 18.5' and 22' above grade. The advantages of the DAS system are that the poles are usually shorter and are existing, and radiofrequency (RF) emissions are reduced, while the disadvantages are that the number of installations increases and the antennas and equipment boxes can still be visible, depending on the screening of the pole and the design of the antenna. c) Indoor microcell sites: - Picocells provide more localized coverage. These are generally found inside buildings where coverage is poor or where there is a dense population of users such as in airport terminals, train stations and shopping centers. Picocells are generally for a building owner or tenant to serve its company's needs inside the building, including for business customers, such as the wireless service available inside Starbucks locations. Femtocell base stations allow mobile phone users to make calls inside their homes via their Internet broadband connection. Femto-cells provide small area coverage solutions operating at low transmit powers. d) WiFi: WiFi, an abbreviation for "wireless fidelity," is a brand name for wireless networking technology based on IEEE 802.11 technology standards. Wi-Fi is used to link devices together, as well as to local area networks and the Internet through a variety of service providers. Wi-Fi is widely used in homes, businesses and school campuses, as well as public hotspot locations, such as cafes, hotels, airports and train stations. Wi-Fi can even be found installed on street lights, utility poles and aerial cable TV lines. Skyrocketing data usage On mobile networks is forcing the Wi-Fi issue; for consumers, Wi-Fi means faster download speeds on their mobile devices, and for Carriers, it is a method to reduce mobile network congestion while avoiding expensive cell site expansions. A recent example of this project type was for the Hotel President, 488 University Avenue where to WiFi antennas were approved. 2. Why are an extensive number of cell site applications in process or expected in the near future? Wireless providers are ramping up to address two primary concerns: capacity (particularly for data) and speed (3G and 4G). The extent of data demand for smartphones and tablets is rapidly diminishing the capacity of the wireless system, so most carriers are expanding to increase their ability to provide data services. Palo Alto hasunique coverage capacity needs due to the student population, high tech • companies in the Stanford Research 'Park and downtown, and the general high level of tech • sophistication in the community. The 4G and other speed upgrades also demanded by customers is further driving requests for new or upgraded installations. Areas of coverage gaps are identified by carriers to determine where new facilities are needed. To satisfy its coverage needs in Palo Alto, for example, AT&T targeted 14 cell tower locations last year before approaching the City with applications and evaluating the DAS alternative. AT&T has since dropped six of the . macrocell locations, to be replaced by its DAS proposal for antennas on more than 90 utility poles. Other wireless providers, such as T -Mobile and Verizon, are also expected to approach the City for multiple new installation locations or collocations. 2 May 16, 2011 3. What criteria are set forth in the City's Comprehensive Plan and Zoning Ordinance related to wireless communications facilities? The City's Comprehensive Plan does not speak directly to wireless communications facilities. Comprehensive Plan Policy B-13, however, notes that the City should: "Support the development of technologically advanced communications infrastructure and other improvements that will facilitate the growth of emerging telecommunications industries." Other Comprehensive Plan policies are directed in general at protection of visual quality and neighborhood character of the Palo Alto community. Palo Alto Municipal Code Chapter Section 18.42.110 sets forth regulations for wireless communications facilities (WCF) in Palo Alto. The purpose statement specifies that WCFs should blend with existing surroundings and that building mounted WCFs and collocation facilities are preferred and encouraged.. Each project is required to meet standard zoning requirements for the district with exceptions considered through the conditional use permit or architectural review processes outlined . below. Exceptions include: (1) building mounted WCFs may extend 15 feet beyond the permitted building height in the zone; (2) stand-alone WCFs shall be no taller than 65' feet; and (3) stand-alone WCFs may encroach into the interior/street side and rear setback. In addition, the design of antennas must: (1)' minimize visibility off site and be of "stealth" design; and (2) be architecturally compatible with the existing building (for building mounted antennas). There are also requirements for the associated equipment cabinets and enclosures and for removal of abandoned equipment. 4. What review processes are required for each and which departments are involved? PAMC Section 18.42.110(b) describes the review procedures for planning entitlements required for Wireless Communication Facilities (WCFs). A Conditional Use Permit (CUP) and Architectural Review are required for new WCFs, except that . no CUP is required for building mounted WCFs that do not exceed the existing building/rooftop screening height, and for collocated facilities (architectural review is still required). To amend an existing CUP for a location to allow the expansion of a WCF, both a CUP and Architectural Review are required. The CUP process typically involves notice to neighbors, an opportunity to request a hearing before the Planning and Transportation Commission, and a final determination by City Council. WCFs must be installed and maintained in accordance with all the City's regulations (Planning, Building, Fire, Public Works, Utilities Departments) and with Federal Communications Commission (FCC) regulations to ensure the WCFs will not be detrimental to public health,, safety, and welfare. In addition to discretionary review, Building Permits, including associated electrical permits, must be obtained. For installations on utility poles, appropriate approvals from the Utilities Department are required, and Encroachment Permits issued by Public Works may be necessary for work in a public right of way. License agreements may also be required. 5. Can the City require the wireless communications carriers to provide plans for all facilities in the City over some future period, such as one or two years? The carriers are very guarded with their plans for potential cell sites and generally consider them to 'be proprietary information. In 2010, City staff was involved in discussions organized by Joint Venture Silicon Valley, involving most of the relevant carriers and staff from the cities of Palo Alto and San Jose. Staff strongly suggested that such plans would be helpful to provide context and to better understand the carriers' needs. To date, only one carrier has met with staff to explain their plans for 3 May 16, 2011 the next year. Staff does not believe that the industry would put together a map synthesizing the needs of all of the carriers, though. 6. What review timelines are required by state or federal law for City review? Under federal law, applications for new cell towers (CMRs) must be approved or denied within a 150 - day review period. In contrast, applications that involve the collocation of wireless facilities are subject to a 90 -day review period. The period of review may be reasonably extended under certain terms, for example if the Director of Planning and Community Environment first determines that the application for a new facility is incomplete, or if the applicant agrees to extend the timeline. 7. What purview does the City have to deny or limit the use of telecommunications facilities? The City has the ability to regulate aesthetic issues related to telecommunications facilities, including factors such as height and setback. However, under federal law a local agency's wireless siting decisions cannot, have the .effect of prohibiting the provision of wireless service or unreasonably discriminating among wireless service providers. If a proposed facility is necessary to eliminate a significant service gap in wireless coverage, and the applicant can demonstrate that the proposed facility is the least intrusive feasible means of reducing the coverage gap, denial of the facility will be considered an effective prohibition. Under federal law the City may not regulate the placement, construction or modification of wireless communications facilities on the basis of the environmental effects of radio frequency (RF) emissions, so long as the facilities comply with the FCC regulations concerning such emissions. 8. What are radiofrequency emissions (RF? Electromagnetic radiation consists of waves of electric and magnetic energy moving together (i.e., radiating) through space at the speed of light. Taken together, all forms of electromagnetic energy are referred to as the electromagnetic "spectrum." Radio waves and microwaves emitted by transmitting antennas are one form of electromagnetic energy. They are collectively referred to as "radiofrequency" or "RF" energy or radiation. Extensive information about RF emissions, measurements and standards are available at: http://www.fcc.gov/oet'rfsafety/rffags.hinl#O1. Probably the most important use for RF energy is in providing telecommunications services. Radio and television broadcasting, cellular telephones; personal communications services (PCS), pagers, cordless telephones, business -radio, radio communications for police and fire departments, amateur radio, microwave point-to-point links and satellite communications are just a few of the many telecommunications applications of RF energy. Microwave ovens are an example of a non - communication use of RF energy. Other important non -communication uses of RF energy include radar and industrial heating and sealing. There are also a number of medical applications of RF energy, such as diathermy and magnetic resonance imaging (MRI). [source: FCC] 9. What health risks are associated with radiofrequency (RF). emissions? RF energy is a type of non -ionizing radiation, like visible and infrared light. Non -ionizing radiation is low energy and should not be confused with the high-energy ionizing radiation, which has several possible biological effects. The quantity used to measure the rate at which RF energy is actually absorbed in a body is called the "Specific Absorption Rate" or "SAR." It is usually expressed in units of watts per kilogram (W/kg) or milliwatts per gram (mW/g). It is possible for biological effects to result from exposure to RF KI l May 16; 2011 energy, most commonly heating of tissue by RF, commonly referred to as "thermal" effects. Exposure to . very high RF intensities can result in heating of biological tissue and an increase in body temperature. Tissue damage in humans • could occur if RF levels were high enough to create heat so excessive that could not be coped with or dissipated by the human body. At relatively low levels of exposure to RF radiation, i.e., levels lower than those that would produce significant heating, the evidence for production of harmful biological effects is ambiguous and unproven. Such effects, if they exist, have been referred to as "non -thermal" effects. Even in studies where certain effects have been found, there has been no determination that such effects constitute a human health hazard. It is generally agreed that further research is needed to determine the generality of such, effects and their possible relevance, if any, to human health. In the meantime, standards - setting organizations and government agencies continue to monitor the latest experimental findings to confirm their validity and determine whether changes in safety limits are needed to protect human health. Studies have shown that environmental, levels of RF energy routinely encountered by the general public are typically far below levels necessary to produce significant heating and increased body temperature. [source: FCC] 1O. What health standards have been established for radiofreguency (RF)emissions? Exposure standards for radiofrequency energy have been developed by various organizations and countries. These standards recommend safe levels of exposure for both the general public and for workers. In the United States, the Federal Communications Commission (FCC) has adopted and used recognized safety guidelines for evaluating RF environmental exposure since 1985. Federal health and safety agencies, such as the EPA, FDA, the National Institute for Occupational Safety and Health (NIOSH) and the Occupational Safety and Health Administration (OSHA) have also been involved in monitoring and investigating issues related to RF exposure. The FCC guidelines for human exposure to RF electromagnetic fields were derived from the recommendations of two expert organizations, the National Council on. Radiation Protection and Measurements (NCRP) and the Institute of Electrical and Electronics Engineers (IEEE). Both' the NCRP exposure criteria and the IEEE standard were developed by scientists and engineers after extensive reviews of the scientific literature related to RF biological effects. The exposure guidelines are based on thresholds for known adverse effects, and they are intended to incorporate prudent margins of safety (typically 50 times the threshold level): In adopting the most recent RF exposure guidelines, the FCC consulted with the EPA, FDA, OSHA and NIOSH, and obtained their support for the guidelines that the FCC'is using. In addition, the NCRP and IEEE guidelines for maximum permissible exposure are different for different transmitting frequencies. For devices that only expose part of the body, such as mobile phones, different exposure limits are specified. The exposure limits used by the FCC are expressed in terms of SAR, electric and magnetic field strength and power density for transmitters operating at frequencies from 300 kHz to 100 -GHz. The actual values can be found in either of two informational bulletins available at the FCC Web site (OET Bulletin 56 or OET Bulletin 65)." [source: FCC] 11. Does the City have to allow use of its utility poles and the public night -of -way? California law permits qualified telephone corporations to install wireless communication facilities within the public right of way, although the City can adopt reasonable time, place and manner 5 I May 16, 2011 regulations for these installations. To minimize neighborhood impacts, the City's policy is to encourage co -location on existing utility poles, rather than installation of new poles. 12. Must the City allow use of City lands (fire stations, community centers, parks, etc.') for wireless telecommunications facilities? What is the process? No, the City does not have to provide use of City lands for telecommunications facilities, and may do so on its own terms. City sites, however, are often large enough to accommodate these uses with less visual impact than on other sites. The City may also •receive revenue from leasing sites for telecommunications use. There are currently six active leases of City land for wireless telecommunications purposes: two flagpoles on fire station sites, one faux tree on a fire station site, and three ground spaces at the Colorado electric substation site (the antennas are on PG&E antenna towers). The review of such requests is coordinated by the Real Estate Division of the Administrative Services Department. The request is routed to the appropriate departments for review, and is processed by Planning if a. use permit or architectural review is required. The lease or license agreement is then provided to Council for its review and approval. The Palo Alto Municipal Code prohibits commercial for-profit communications facilities in City parks and open space areas. 13. What can the City require in license ag iegr ements for use of City utilities/facilities? The City's master license agreement permits cellular carriers and DAS systems service providers to access and use City utility poles, streetlight poles and conduit facilities in the public rights -of -way and public utility easements for the placement of wireless communications facilities. The agreement covers a number of general terms and conditions applicable to the right of service providers to place their facilities in, on and about City -owned and City -controlled facilities, including conditions relating to permit applications, fees and costs, facilities construction, installation, maintenance, repair and relocation, and indemnity, insurance and bonding requirements. 14. What can the City charge for use- of City utility poles or City lands? The City may charge reasonable rates for the use of City owned utility poles and facilities in the public rights -of -way. While rates may be negotiated, they must be competitively neutral and nondiscriminatory. The City may also charge a permit fee for the placement, installation, repair or upgrading of lines poles or antennae. Under California law, these fees may not exceed the reasonable cost of providing the service for which the fee is charged. 15. If antennas are mounted on City utility poles, can the City require their removal if other utilities are placed underground? Upon the formation of an underground utility district, the City can require all above -ground facilities located on utility poles to be relocated underground or elsewhere. 16. What is a "fiber optic" network and how could that support wireless communications and/or reduce the need for cell towers or distributed antenna systems? "Fiber optics" (optical fibers) are long, thin strands of very pure glass about the diameter of a human hair that carry digital information over long distances. ) .) May 16, . 2011 "Fiber -to -the -home" broadband connections, or FTTH broadband connections, refer to fiber optic cable connections for individual residences. Such optics -based systems can deliver a multitude of digital information -- telephone, video, data, et cetera -- more efficiently than traditional copper coaxial cable. FTTH (also known as Fiber -to -the -Premise FTTP) can be deployed by using either Active Optical Network (AON) or Passive Optical Network (PON) architectures to function. "Dark fiber" is a term used to describe unlit fiber optic cable that is being leased or is not being used at .the time. The amount of dark fiber, particularly in the United States, is very high. Dark fiber is contrasted with active fiber optic cable, often referred to as "lit" fiber. It's, "dark" because it's sold without light communications transmission. The user is expected to put his or her own electronics and signals on the fiber and make it light. Fiber optic cables are usually discussed in relation to the telephone system, the cable TV system or the. Internet. One use of a fiber optic network is to provide high speed Internet access to its customers. Fiber optic cables push out data at high transmission rates (e.g., megabits per second "Mops" or gigabits per second "Gbps") enabling the uses of fiber optic services to surf the Internet or download files at amazingly high speeds. Many of the City's commercial dark fiber customers gain access to the Internet through the Palo Alto Internet Exchange (PAIX, now known as Equinix). PAIX is a carrier - neutral collocation facility that hosts more than 70 Internet Service Providers(ISPs) at its facility in downtown Palo Alto. The Fiber network, where available, may . in. some cases be preferable to other wireless communications approaches. Distributed Antenna Systems (DAS) technology employs multiple antennas, placed atop utility poles alongside a road or highway to provide coverage to vehicles on the road and to nearby neighborhoods adjacent to the road. DAS technology is used when . a carrier seeks to provide coverage to a particular area and there are no feasible locations in the area where a new cellular -tower can be . constructed. 'DAS requires a communication link (fiber connection) to "backhaul" traffic to a wireless. carrier's network hub site and this fiber connection could be provided by the City. DAS technology is reliant on having the fiber connection to work effectively. With the introduction of DAS installations, the need for macrocell antenna sites may be reduced for a particular carrier. . 7 fy Y ll f _ i'z" 1���r��� $'f•'•;.,+�' ~ ��"a�xfi ti�`���r`y �rY�u+'r boa. ryH:-yt.�bir;W�?e..r►.`vil.f}3 i,.�',..'�:3:'s_'k�`GS'.i�:�d 4d[!ci•.�i.L`i-'�"4t u�'�.w�"rai'°.*hi'F k.,'. May 16, 2011 Distributed Antenna System (single rod) installation in San Francisco Simulated. Distributed .Antenna System/DAS (double antenna) Installation 9 ) ) Locations of Cell Wireless Equipment Palo Alto Site Address Type of Instalition Status 101 Alma. Rooftop existing 1082 Colorado St Utility lattice tower existing 1095 Channing Tree pole proposed 1501 Page Mill Rd Monopole existing 1985 Louis Rd Monocross existing 200 Page Mill Rd Rooftop existing 2047 Bayshore Rooftop existing 2300 Geng Rd Utility lattice tower existing 260 Sheridan Rooftop existing 2666 E Bayshore Rd Silo existing 2675 Hanover St Tree pole existing 2701 Middlefield RD Rooftop existing 300 Pasteur Dr Rooftop existing 3000 Alexis , Monopole existin 3141 Maddux Dr Utility lattice tower existing 3401 Hillview Ave R-7 Rooftop existing 3431 Hillview Rooftop existing 345 Hamilton Ave Rooftop existing 3475 Deer Creek Rd Rooftop existing 3600 W Bayshore Rd Rooftop existing 3600 Middlefield Rooftop existing 3672 Middlefield Rd Monopine Proposed 3862 Middlefield ' Monopine exisitng 3990 El Camino Real Tree pole existing 4009 Miranda Monopole existing 4243 Manuela Monopine exisitng 4249 El Camino Real Monopole existing 488 University Rooftop Approved 4/4' 525 University Ave Rooftop existing 531 Stanford Ave Rooftop,existing 695 Arastradero Rd 65' Monopole existing 711 Colorado Monopole ' existing 724 Arastradero Rooftop existing 850 Webster St Rooftop existing 855. El Camnio Real Rooftop existing 900 Blake Wilbur Rooftop existing Juniperro Serra Blvd & Stanford Ave Light pole existing Page Mill Rd and Foothill Exp Monopole existing 799 Embarcadero Rooftop existing 724 Arastradero Rooftop existing 760 Porter Rooftop existing 3000 El Camino Rooftop existing 675 El Camino' Rooftop existing 2595 E. Bayshore Rooftop existing 9 Exhibit B lr2011_Irmobile_logo.gif UU Mobile News Analysis More ut Mobie News Analysis Most Recent Comment Mobile operators need to integrate the management of high • performance Wi-Fl hotspots and other small cell sites with their existing mobile core to deliver a high quality, seamless and consistent subscriber experience, bergea Wireless Operators Embrace Wi-Fi as Their Own FEBRUARY 13, 2011 1 Sarah Reedy I Comment (1) 1 , `''T°t Share,: Post a Comment Print l Reprint I Email This 1 RSS Wireless operators used to distrust WI -Fl, but soon many may not only be managing it themselves, but also embracing it as part of their own 3G and 4G networks. At least that's what vendors are hoping. WI -Fl policy management is coming into focus at Mobile World Congress as vendors introduce hardware and software platforms designed to help wireless operators take control over offload, not lose track of their customers the second they dump them off their network. This Monday, Ruckus Wireless Inc. will unveil what it's billing as a new category of WI -Fl gateway to help carriers cleanly integrate Wi-Fl into their networks, essentially making it just another radio access tech. "Offloading as a phase one really helps, but it doesn't do enough for a carrier," says Ruckus VP of Marketing David Callisch. "They need to offload the traffic and handle it just like cellular traffic." That's because when a subscriber moves from 3G to Wi-Fl, the operator loses visibility and can't control quality of experience. So rather than deploying standalone hot -spot networks, the new Wireless Services Gateway (WSG) combines Ruckus's Smart Wi-Fl radio access with mesh backhaul technologies to create a central point of control over standard 3rd Generation Partnership Project (3GPP) interfaces. (See Chongqing Telecom Creates a Wi-Fi Ruckus.) Don't call it a ."Wireless LAN controller on steroids," Callisch says. It's much more scalable than that. The box is more distributed, lighter and more efficient, because it pushes processing off to the access point. Ruckus's Wireless Services Gateway Ruckus's new category of device can process up to 20 Gbt/s of throughput per 2U of Rackspace. Policy management vendor Openet Telecom Ltd. says it too can provide this capability, but in the form of a software .stack. According to Gary Rieschick, director of wireless and broadband solutions at Openet, the company's software can manage, monetize and track subscribers as they traverse from 3G to WI -Fl. But, demand for operators for this has been low, so the capabilities are not yet completely defined, he says. He expects that to change in the next few years. Wireless operators warm up to WI -Fl Outside of, the loss of data traffic, operators have hesitated about managing their own Wi-Fl networks because they want to be sure the experience is up to par. When it's a free for all, users will get variable quality, which is a problem for operatorswho want to slap their brand on it, says Current Analysis analyst Peter Jarich. "People think about WI -Fl as, get someone in the house, put them on the WI -Fl and I don't care anymore," Jarich says. "It's simple, but when you take it to a broader view of putting it on my own managed WI -Fl like with AT&T in Chicago and San Fran, that hasn't been that much of a focus." It's a tricky proposition for vendors too. Rieschick says that a problem vendors run into is that every network has its own access gateway and several vendors providing access points. They have to have a policy management solution that is agnostic to the network pipe. "We take back -office information from the IP network that allows us to make decisions on subscriber type, location,- time of day, congested or not or usage limits if they're over 10 GB per month," Rieschick says. Offloading discussions at MWC While not the sexiest topic at the show, Wi-Fi offload will be a prevalent one at MWC. Expect many announcements and demos related to carrier -managed services, even a few with policy management in the mix. WeFi Inc. is another vendor announcing and demoing a 3GPP standard -compliant, carrier -grade Wi-Fl and offloading tech to manage access networks. A pre -standard version of the software is already in trial with several mobile carriers, according to the company. Big players Ericsson AB (Nasdaq: ERIC) and Nokia Siemens. Networks are also making moves in this space. Ahead of MWC,. NSN introduced Smart WLAN connectivity, designed to selectively and seamlessly offload traffic onto Wi-Fl, no password needed. It also applies authentication, charging, traffic management and policy control to Wi-Fl in the same way it does to 3G. (See NSN Gets Smart With WLAN.) The next step will be to get the wireless operators on -board as well. "This is not something you just do in a day," Callisch says. "It takes an architecture and a strategy and a business model." — Sarah Reedy, Senior Reporter, Light Reading Mobile Post a Comment Print I Reprint I Email This I RSS Copyright m 2011 TechWeb, A UBM Company, Al rights reserved. 311 16 Jun 2011 02:48 PM Orange ramps up Signal Boost Wi-Fi service 2 Comments on this item Orange is to continue the roll out of its Signal Boost service, the smart WI -Fl application provided by Kineto Wireless. The application boosts 3G coverage by turning Wi-Fl access points in an extension of the mobile network. Kineto's Smart Wi-Fi Application helps offload • traffic from an operator's macro cellular network. This relieves congestion, improves network capacity performance and reduces operating costs. It also improves coverage for customers who can switch their smartphones over to use existing WI -Fl access points when their cellular coverage is poor. Growth of Android smartphones ailows� Orange to Improve coverage by enabling customers to switch to WI -Fl Operators using the service, sometimes referred to as UMA (unlicensed mobile access), have reported a 25%-40% reduction in chum rates from subscribers and found that they consume 20% less data from the macro network. Paul Jevons, director of product marketing at Orange said: 'Our Signal Boost service has been very successful in providing an in -home coverage solution of those customers who require it. It is a very simple solution. You turn on the app and everything works. Customers do not need any new equipment, there is no change of number and their address book works as normal.' Jevons said that the service would be roiled out to 1 -Mobile customers later this year. in the meantime, Orange is working with Kineto and manufacturers of Android phones to widen its portfolio of Signal Boost -enabled handsets. BlackBerry devices are also available on Orange with Signal Boost. Orange has been providing the Signal Boost service for several years. But Kineto needs to work with open source operating systems, so the huge growth in Android phones has given it and operators such as Orange a major opportunity to expand their Smart WI -Fl service. Jevons said: 'Customers are telling us that they are experiencing an improvement in coverage and cal quality. 80% said it was easy to set up and 50% told us that it was influencing their choice of handset. Coverage Issues are a local issue. Signal Boost allows us to offer a very simple and efficient local solution.' The application has to be prebaded onto the phone and then tailored to a particular operator's network requirements. However, Jevons said this used to involve a hardware solution, but Kineto has come up with a software solution that means the time taken to get a new handset to market has been cut to a few months. Steven Shaw, VP of marketing at Kineto explained that customers can use their home Wi-F1 (or log onto someone else's if given the password) or connect to external Wi-Fl networks when outside their homes. Previously, customers sometimes lost some cellular services (including voice) when switching over to a WI -Fl connection, but Signal Boost seamlessly provides an Identical voice, SMS and data experience to an outdoor cellular network. By switching off their cellular radio customers can also boost the battery performance of their handset. Signal Boost allows customers to make free calls on any WI -Fl access point, which provides the networks with a way to address the threat to their revenues from mobile VbiP calls. Another benefit is that customers can use the service when travelling overseas, thereby avoiding expensive roaming tariffs. Latest 02 to launch ad platform Priority Moments LG lowers smartphone target by 20% Xperia Play 'aimed at the wrong market' HTC's profits beat expectations Guest on Xperia Play 'aimed at the wrong market' Maybe if they sell it through a different carrier, like AT&T. I would definitly get it....[morel FEATURED JOB OEYBAi'ti�fT CONSILTAIITI :eiv ace CCMPWTIYE SM.Aar • AN Comments � • ,!s re"a.:•.o.autyhglaf/j .i d�ti fort/re t/re it t-Westlobs Mobile Bro.dbord 4' . cucaar moor bro,deand Comcast® - Of icIal Site Get Wireless Internet Access On -The -Go w/ XFINITY Internet 2go www.Comcast.com Wireless W Fl lilansteC*L.Q Up to 10 x stronger WIFH signal on laptop, 5 Min Setup www.betterw5irange,cgm 4l m1sCt£4&.QfQcMLSite Compare AT&T U -verse Bundles and See How We Measure Up to Cable. att.com/t1-xeri apt Areas Best Internet Ultra Fast 45-l0G megabits/second Competitive Fiber & Wireless www.tthekNetworks.com A•). The latter benefit provides Orange with areas sa'18"s o rtuni � tY in the b2b market. ,� Shaw said that around 26 Android devices are now enabled with its Smart Wi-Fl application, including handsets from HTC, Samsung, LG and Motorola. Two new Orange branded devices from Huawei, the Barcelona and Stockholm, have also Just been Top 10 mobile TOpM.com added to the range -and will be available from 1 July. phone deals and broadband ,',k+►�+i a.w. '' Orange Is expected to begin marketing the benefits of Signal Boost more aggressively now that a wide range of Android Mobile magazine, the Inside tracts on the rnobiindustry. handsets are Smart W I -Fl enabled both to consumers and to Published No Noble House dia Lin. content is Copyright of businesses. Lt Noble House Media Ltd and Mobile magazine a Home I News I About Mobile magazine I Register I contact us Editor: James Atkinson Mobile Choice I Dealer News I Executary News) wireless•Mag Hews I Subscriptions Register or Login to comment here Top of Page. 2 COMMENTS Guest 6/28/2011 9:19:47 AM I live in ampleforth. 2g signal that at best Is poor and at worst frequently down completely. get a grip orange Guest 6/17/2011 12:30:45 PM Not surprised they are pushing this as the Orange 3G network Is a disgrace. No Investment at all, Tom Alexander should r. First Previous Next Last Add Comment: Add) Cdf i Top of Page Wireless Internet Servicg Get Affordable Wireless Broa $!tMo Wlrotess Broadband Get Blazing Fast Speeds) WLAN 15O80001 All new features to your network No rN AlrtelCallHome Is Closing 2000 Minutes for $19.95. No -CZ Business limelight Operator spotlight Nuts & bolts Clever content Smart gear About us Features & analysis Tuesday, November 16th, 2010 Viewpoint: Smarter WiFi Selina Lo of Ruckus Wireless The unprecedented barrage of data traffic hitting mobile infrastructures around the world has left operators struggling to deliver the level of wireless broadband access that users have come to expect. Even in areas where networks are highly developed, demand for connectivity is outstripping supply at an unprecedented rate, and poor user experiences resulting from network congestion are raising churn, which is one of the largest costs operators incur. In addition, there are a multitude of suburban and rural areas that still lack the broadband connectivity that many of the UK's cities already enjoy. Whilethe abundance of fixed line infrastructures in towns and cities made it relatively easy to offer broadband, it is both expensive and disruptive to extend fibre networks beyond these areas. One thing remains clear despite these challenges; those carriers that can find a way of extending broadband services into new and under -served areas will undoubtedly reap the benefits. That is why the benefits of robust, flexible WiFi solutions have become increasingly difficult for carriers to ignore. Not just smoke and mirrors Traditionally held back by its inability to deliver robust connectivity over large distances, WiFi is both uncontrollable and unpredictable; it has historically been viewed as a flaky solution. This, combined with the notable lack of a'complete end to end solution, quite rightly put WiFi firmly out of the running as a viable option for extending broadband connectivity. Unfortunately, the new 802.1 In standard has done little to solve the problem so far, as it has a nagging blind spot; interference caused by neighbouring devices that operate in the same unlicensed spectrum. Essentially this means that anyone can install an access point wherever they want, or run interference -generating microwaves, Bluetooth headsets, or cordless phones in the vicinity at any time. _rc ) ) 0 .. What's worse, 802.1 In devices are nearly two to three times the cost of older 802.1 la/b/g devices. If something could be done to offer- 802.11 n equipment at 802.11 g prices with better range. and reliability, then the market will run, not walk, to install the new technology. A new generation of smarter WiFi technology has been developed to actively ignore interference from competing networks, constantly steering signals around obstacles and other problems that previously wreaked havoc on WiFi performance. This smarter WiFi technology sees and hears interference, delivering high bandwidth coverage even in the dense urban markets littered with radio noise. This revolutionary technology extends signal range by up to a four -fold increase without wasting signal on areas where it is not required. Advances in RF technology combine intelligent beamforming with new 802.1 In standards to in -crease both the range and reliability of WiFi connectivity. This enables, for the first time, a complementary carrier -class WiFi infrastructure capable of delivering consistent performance, adaptable interference mitigation and more reliable WiFi services for latency - sensitive multimedia applications. It's these precise developments that offer carriers with an exciting new prospect. The technology is by far the most economical means to bolster overloaded 3G networks. And furthermore, it has the ability to deliver on the crucial last mile access needed to augment and expand fixed line broadband networks at a fraction of the cost of competing solutions. Long lasting growth To achieve the full promise of WiFi, operators need a well conceived carrier built architectural approach that spans the radio access network, backhaul and core cellular infrastructure, addressing issues such as provisioning, seamless authenti-,cation and IP mobility. Such an approach allows operators to both offers a high quality service to subscribers and monetise services that travel over WiFi. For example, PCCW deployed a 7,500 -node high speed WiFi network to offload its 3G network infrastructure and to support the distribution of IP-based video content to handheld devices. Across its networks, PCCW says that WiFi is consuming up to 20% of data traffic that would have otherwise been destined for the 3G infrastructure. And at peak times in dense urban locations, data traffic offload to WiFi can reach up to 80%. For tier two and three operators, partnering with a third party whole-^saler, building out standard WiFi networks or acquiring networks from another provider offers the benefits of lower data transport costs by shifting traffic onto WiFi networks, but these processes will of course take time. Similarly, tier one operators can benefit to -,day, and in the long term, through operator built, carrier class WiFi networks. This allows carriers to address the two essential priorities related to network operation and expan-'sion: control and cost. With a controlled and cooperative WiFi-cellular infrastructure, operators can both deliver service capacity in WiFi mode, as well as monetise applications enabled by higher bandwidth connections. This allows them to reduce the costs associated with offloading data and signalling traffic onto WiFi, while simultaneously generating revenues. Sheer reliability The combination of lower cost.backhaul and sheer reliability of solutions gives operators the freedom to extend WiFi networks quickly and scale them easily as mobile data traffic increases. This is undoubtedly an approach that delivers much faster times to revenue and ROI than alternative options. This will of course make it a clear winner in markets where installing alternatives, such as fibre, is too expensive, not to mention inconvenient. For instance, in India, Tikona Digital Network has done what some thought wasn't possible. It has quietly built the world's largest outdoor WiFi mesh network, having installed over 35,000 WiFi access points. in under 18 months. Tikona's Smart WiFi network is being used to offer tiered broadband services over the unlicensed 2.4GHz band to hundreds of thousands of subscribers in dozens of cities. Ultimately, by providing wire -like reliability at a much lower cost than competing technologies, WiFi will undoubtedly be the most economical way for operators to extend their networks into new areas, fill the gaping holes in 3G coverage and deliver a positive mobile experience to end users over the next decade. Selina Lo is CEO of Ruckus Wireless Tags: Also in the news Posted in Features & analysis Comments (0) No Comments No comments yet. Leave a comment Name (required) � Mail (will not be published) (required) Website Subn*Commit . j Search Smart Gorillas Search Also in Features & analysis • Time to redefine mobile TV • The small screen • Mobile barcodes for publishing • Charities benefit: scammers watch on • McAfee on how to secure the mobile • Hidden danger of mobile Spam • The new rogue appp • Who's responsible for mobile security? • GSMK CryptoPhone on mobile security complexities ri Epicenter Mind Our Tech Business Previous post Next post Ruckus Smart Antennas May Be Key to Nationwide Wi-Fi By Ryan Singel Q0 December 1, 2010 ! 7:00 am .1 Categories: Broadband, Mobile Internet +. trs1ngel - 2,528 followers A commercial -grade Ruckus Wireless access point, opened up to show its innovative antenna. Photo: Ryan Singel/Wired.com I'm standing in the middle of the some of the most congested airwaves on Earth, and I'm watching Russell Crowe in 1080p like I just don't care. If you opened your laptop to log on to the net.here, you'd find a list of 160 different Wi-Fi access points to choose from. Normally, mere mortals would have a hard time even checking their e-mail in that cacophony. But I'm walking away from the conference -room router I'm locked onto, past Ruckus. Wireless's finance and administration cubicles toward the comer office of CEO Selina Lo. I forge on, past the marketing department, t the product management team and the guy in the engineering department who has decorated his cube with successive generations of Ruckus' Wi-Fi router motherboards. Crowe keeps fighting without a jitter. It's not until I'm nearly 200 feet away, approaching the radiation -proof Faraday cages used for testing Ruckus' newest Wi-Fi antenna designs, that Crowe falters. I'm toting a standard 15 -inch laptop and watching Crowe seeking bloody Gladiator vengeance. it's an HD video encoded in MPEG-2 -- a luxurious experience that requires a steady 19 Mbps pipe (give or take) to play without stuttering. It's an impressive performance, and I' m not talking about Crowe's fighting skills. The fact that Ruckus' Wi-Fi antenna can hang on to a fat pipe even in the midst of a huge number of competing Wi-Fi signals is amazing. Just ask Steve Jobs, who watched a recent presentation grind to a halt earlier this year due to an excess of hogging wireless signals.. The secret is the patented antenna designs, the brainchild of the company's co-founders Bill Kish and Victor Shtrom. Traditional Wi-Fi routers use omnidirectional antennas, such as the little sticks on the .back of Netgear and Linksys routers, which spill out signals equally in all directions. Ruckus' routers have 19 separate antennas, arranged in a circle on the motherboard, which constantly triangulate the receiver's location. The router then sends out signals on the antennas that have the best path to a given laptop. The algorithm driving the process finds the best path hundreds of timesper second, because even just moving a laptop a bit or having a co-worker stand near you means that there's likely a better combination to avoid the interference. Even more impressive? The router figures out individual optimal paths for each device connecting to the router. Think of the router as housing up to 150 little people with, cheerleader megaphones,tracking where you move and making sure you can hear them by aiming their cones at your ears. The idea is that Ruckus solves the problem that confronted Steve Jobs when he was trying to demo the iPhone 4 and had to ask the audience to turn off their 3G-to-Wi-Fi hotspots because he couldn't lock his phone in on the Wi-Fi signal. A collection of Ruckus Wi-Fi equipment, including the C -shaped ones that are used to connect TVs to AT&T This isn't about putting your little home wireless network on steroids. Ruckus tried this by licensing its technology to Netgear, only to end up in a patent. dispute. Now if you want a Ruckus antenna in your house, the only real option is to get a specially made one after subscribing to AT&T's U -Verse broadband TV service, so that you can avoid having to string CAT5 cable through your.drywall to your flatscreen TV. Ruckus is after bigger and more lucrative game: public Wi-Fi networks that actually work. Truly useful and widespread Wi-Fi networks could be used by big telecom providers to create fast and seamless Wi-Fi.networks in cities, so that your mobile device -- whether that's your smartphone or the latest tablet computer — can hop on and off Wi-Fi for bursts of speed. While that sounds like a nice bonus, in a future where mobile data hunger will be voracious, it might the key to making cellular networks actually work in dense urban areas by relieving the growing burden on 3G networks. It's already happening, though mostly outside the United States. Allen Wong is the product director of PCCW, one of Hong Kong's biggest telecoms, which has 8,000 Wi-Fi spots — including train stations, cafes and convenience stores — in the densely packed city to augment its 3G and landline broadband services. About half of PCCW's hotspots use Wireless N antennas from Ruckus (Wi-Fi N's advantages over 802.11G are numerous, including fatter data channels and support for multicast of video.) The coverage is so wide that subscribers can step off the plane and immediately connect to Wi-Fi, then enter the train station to take the subway to the city, and never lose coverage until they exit the station. "These [antennas] can actually bend a lot," Wong said. "Wi-Fi is pretty much line of sight, but Ruckus' bending is quite a lot, particularly in areas where there is a lot of human absorption and obstacles, like Hong Kong cafes where there are always lots of people queuing. Ruckus behaves very well." Wi-Fi is a natural complement to 3G, according to Wong. The two slices of the radiospectrum behave very differently. 3G signals travel far and wide but are relative lightweights when it comes to throughput. Wi-Fi doesn't travel far but it's capable of super high speed. Ruckus has the backing of Sequoia Capital (one of Silicon Valley's august VC firms), and CEO Selina Lo has already built and sold an $8 billion business. But it's still a small player in the communications -hardware business. It competes for contracts with telecoms and other businesses against such giants as Motorola and Cisco. Ruckus says it's like going up against IBM in the 1980s, where the safe choice for potential is to go with the established players. To think that the world's cities will be blanketed in actually useful Wi-Fi, one has to confront the fact that most muni Wi-Fi projects -- the object of so much tech hype just a few short years ago-- failed. They failed in part because the Wi-Fi technology was still in its adolescence but also because most cities didn't plan very well. "It was poor design decisions," says Arthur Giftakis, VP of engineering for Towerstream, a wireless provider that serves New York City businesses using line -of -sight antennas on skyscrapers like the Empire State and MetLife buildings. Municipalities chronically underestimate the number of antennas needed and overestimate how far signals travel. They also depend on thin connections to the Internet backbone, according to Giftakis. A cubicle wall collection of Ruckus Wireless antenna designs. Photo: Ryan Singel/Wired.com "The demand for 3G and 4G bandwidth is insatiable," Giftakis said. "Data usage will grow 200 to 300 times what it is today, and the existing networks are going to have to use all the available technology to satisfy customer needs. Towerstream signed on to use Ruckus Wireless wireless equipment this fall, and is building out a 200 -access - point, outdoor. Wi-Fi network in New York City, with repeaters and antennas on key buildings around the Big Apple. Its thinking isn't hard to figure out. If Towerstream can build out a robust Wi-Fi network in New York by getting good spots on good buildings with good antennas and a good connection to the wired internet, it would be sitting in the catbird's seat. So when the nation's telcos realize that disparate hotspots in Starbucks or McDonalds connected to thin DSL lines aren't going to help them offload data or entice their competitor's customers to trade up for a better network, Towerstream will be there to rent its networks to multiple carriers. In fact, PCCW's Wong says data offload isn't theright reason to build out a comprehensive Wi-Fi network. The right reason is that it's what customers want and they are willing to pay for it, so long as it's easy. On PCCW's Hong Kong network, the credentials for logging onto the company's Wi-Fi network are built into Android devices and iOS (the capability is native to iOS, and PCCW wrote its own Android app), so users automatically connect without having to ever type in a password, once they've signed up. "Our competition doesn't have this, and we can then subsidize devices less and less," Wong said. "We never subsidize Android and iPhones." "Customers are being educated that this is part of your life," Wong said. "The proliferation of Wi-Fi devices and Wi-Fi means it has become part of daily life. People are standing close to the phone booth (where PCCW has installed Wi-Fi hotspots) while they are waiting for someone." "People are not using that to watch Youtube," Wong said. "People are watching their own downloaded videos and then. stream it from home to these devices, particularly TV dramas. If you just have 3G, it's just not going to support that." As for the United States? Well, you can see signs if you look closely. Train stations and planes are now increasingly linked up. T -Mobile has found a way to extend its mobile coverage by allowing its subscribers to use a technology called UMA to• let subscribers make phone calls over any Wi-Fi spot anywhere in the world as if they were using a T -Mobile cell tower. Cable operators are adding Wi-Fi networks that include Ruckus -created hot spots that hang on cable lines and tap right into the cable network (speaking DOCSIS to the line and Wi-Fi to customers.) And while Ruckus has largely been focused on landing enterprise customers -- making Wi-Fi networks that actually work inside buildings or on big campuses — it announced in October that it's ready for the telcos, with a series of "carrier -grade" products including outdoor mesh antennas, point-to-point radio backhaul and a systemwide Wi-Fi management console.* As for proof it works, an Indian ISP called Tikona Digital Networks is using the equipment to build the world's largest outdoor residential and commercial Wi-Fi mesh network. The firm has 30,000 Ruckus mesh antennas in the largest cities in India, including Bombay, Kolkata and Hyderabad. It's enough to make you wish you lived in a developing country, instead of the United States where the telecoms seem more interested in keeping profits up and data usage capped ... at the cost of building a next -generation communication network. See Also: • Wireless Woes Rain `Fail' on Steve Jobs' Keynote • Justice Department Urges FCC To Free Spectrum • What's Behind the Epidemic of Municipal Wi-Fi Failures? • AT&T Allows VoIP Over 3G for iPhone • FCC White Spaces Decision Kicks Off the Next Wireless Revolution • With AT&T Feintocell, Your Coverage Troubles Could Be Over } Y Singel covers tech policy, broadband, search and social networking for Wired.com. Check out Roman's Google profile. Follow rsin gel and (ruepicenterblog on Twitter. Tags: 3G offload, Broadband, ruckus wireless, wifi Post Comment f Pennal rik . Like Loin Add New Comment Type your comment here. Real-time updating is paused.(Resume) Sort by popular now Showing 8 comments J. CleverWiFiCWice Guys, you may find this interesting - http://www.youtube.com/watch?v... Market price WI-Fi base stations which give much more. - Based on unique Beamforming Wi-Fi chip. - Uses 6 radio and 6 high -gain antennas for optimal performance Beamforming signal. - Performs per -packet true Beamforming in both the uplink and downlink. Yru are here: Home » Analysis » WI -fl - Why Not? Wi-fl - Why Not? Pa t' nvths ago 11y OaO i bunny This summer's World Cup saw operators at home and aboard facing 5 increased demand to provide reliable wireless access for fans looking to tweet watch the games on their smartphones — whether it be by the stadium or share , retwveet tucked under their office desk. This highlights a much larger issue: the potential of a capacity crunch generated by increased demand for mobile TV. Mobile TV Is not a new initiative, it has been hailed as the'next big thing' on more than one occasion. However, the release of the Pad and other tablet devices has led to a rapid Increase of people watching TV on their mobile device, according to a report released by Nielsen. The number of people watching TV on a mobile phone totaled 13.4m in Q4 2009, 20 per cent up on the previous quarter and 52.2 per cant higher than the same period 12 months ago. Innovative wvltea Ericsson reported In March 2010 that data traffic had overtaken voice traffic for the first time in the mobile industry's 25 -year history. Consumers are hungry for Innovative services on their mobile handsets, and operators are looking for a means to capitalise on them. Mobile broadband has been a huge phenomenon globally, but has failed to generate revenues equal to exponential data growth, resulting in operators abandoning all -you -can -eat data plans. Mobile TV offers operators a premium subscription service, capable of generating huge amounts of revenue that cannot be Ignored. UK Tier 1 operators are beginning to acknowledge the risk of network deterioration that may occur due to increased subscriptions to mobile TV. In June 2010, UK operators O2, Orange and Vodafone teamsd up to test a TV broadcast service which would enable consumers to view television channels on their handset. The operators announced they will launch a three-month trial of Integrated mobile broadcast (1MB) technology in west London and Slough. IMB was selected as the chosen broadcast medium, as it enables operators to keep traffic off 3G networks and free up spectrum for users deploying tradition voice, SMS and broadband services. IMB Is said to enable operators to maximize on 3G investments, by harnessing under -used spectrum to deploy Mobile TV. In order to be able to broadcast over IMB, however, operators must invest in costly transmitters that must be added to base stations. Moreovey new handsets need to be developed that have integrated IMB chips. This is a costly and complex undertaking. There's another problem here too. With fierce competition In the mobile retail market, loyalty to operators Is scarce, and there Is heightened competition among top brands. As operators look to compete with data -Intensive devices such as the Ihone 4, many are locking subscribes in with Z4 -month contract as part of the service bundle, further exacerbating the time lag between the commercial availability of IMB-ready handsets and their adoption by consumers. The WI-Il opportunity But there is another way. The majority of conwrerdaly-available smartphones are already wl-fi-enabled, and operators have begun to recognise the opportunities wi-fl offers. In May 2010, AT&T in the US announced the launch of an AT&T wi-fl'hotzone' in New York City's Times Square, providing free coverage there for -AT&T customers who use wi-fl-enabled smertphones. In May, Deutsche Tdekom also announced wi-fl offload plans, as part of its strategy to alleviate capacity on its 3G networks. While wi-fl works for offloading YouTube videos and other web -based traffic to the Internet, It is not sufficient to support this new form of mobile TV. The mobile phone needs to authenticate, preferably with the existing SIM credentials, to the mobile core network over an untrusted wi-fl network. Once authenticated and authorised, the smartphone can access all the revenuegneatlng service housed In the core network - inducing voice, SMS, and mobile TV - via wi-fl. This new approach makes wf-fl'smarter', and enhances Its benefit to mobile operators —conveniently based on the existing 3GPP Generic Access Network (GAN) standard. With a'Smare w-fapproach, ad mobile services are securely delivered to the srmartphone over the wet -fl connection. Operators achieve complete network offload, as all voice, data and internet traffic, and not just internet/web services, can be routed over wit -fl. So subscribers get improved coverage and 'fire but of service from the existing wl-fl access points in their homes or offices. Mobile operators have changed their views on wi-fl in order to stay ahead in a competitive market. Operators can embrace a Smart wi-fl solution in order to deploy premium subscription services, such as mobile TV, without putting too much strain on the macro network, and causing a capacity crunch. Jeff Drown fspr.sWentand CEO ofK/neto Wireless Analysla t3 1 Column Related items The Trust. Ardor "Yoube Got (Mobile) Mar Mobile Money r'tdtform POWer Partnership Pays NEWSLETTER Sign up for our latest news in your inbox. Register to subscribe to newsletters GUEST COLUMN The Trust F6etor Jeff Frarse senior dhhectory mCommerce & mobile ad Innovation group at )0us, argues that mobile operators can enjoy success by applying the prepaid model to model advertising Read FEATURED Jos Marketing Executive Ported 3 days wa by atlmh Read mote Business Investing Tech Entrepreneurs Op/Ed Leadership Lifestyle Lists Help Login Signup ForbesSearch news, businessleaders, and stock quotes G.,f7••rr/: Iiisnppeariug Hollywood's Highrat-Paid How'ro Check OutYour " ' .AdVoice. Death, Taxes Middle -Class dole Actresses Stock Broker Avid Vi amen +�K Free Issue > 2 days ago Digging Fat Pharma Dividends, Stacking Coin From JPMorgan JOHN 005055 Scrip Club 2 days ago L'Oreal on Digitalizing the Purchase Funnel MarketShare: BRANDON GUTMAN Elizabeth Woyke MOBILIZED MY PROFILE MY H!ADUNE GRABS MY RSS FEED TECH U.S. Service Providers Preparing 8 Wi*-Fi Offload Rollouts Shen Jul. 5 2011- 345 pet 1 3.332 views I o recommendation, I a comments 47 The idea of automatically connecting smartphones to rM Wi-Fl, when available, appears to be gaining -subm: •,; support. I wrote about the service, which shifts wireless traffic from cellular networks 0 to Wi-Fi networks for economic and quality -of -service reasons, back in April. At the time, I predicted that it would soon come to the U.S. Now I hear that Wi-Fl offloading is finally catching on with 18 U.S. service providers, some of whom will announce 5; deployments as early as this week. The appeal, to telcos and other companies that offer cellular service, is the ability to move costly traffic off their networks while still providing good, connectivity to customers. It's an issue of growing, importance as mobile devices chew up an increasing amount of bandwidth. Research firm NetApplications recently found that Apple's iPad is responsible for more than 1% of global Internet traffic. Smartphones and tablets together produce more than 5% of the world's Web traffic, according to NetApplications. A new deal between Japanese carrier KDDI and Silicon Valley Wi-Fl MY ACTIVITY FEED show all acth t ELIZABITH COMMENTED Yesterday "I haven't experimented with a split keyboard, but it sounds like I should. I don't think most tablet users wll..." Posted to TAKING THI PAIN OUT OF TAILET TYPING ELIZABETH CALLED OUT Yesterday x hcemc networking company Ruckus Wireless could serve as a model. Ruckus says the project will be the world's largest Wi-Fl access and mobile . Commented on TAKING TNt PAIN OUT OF TABI NT TYPING "\.1v Arolrni.l n . nhl..* nlr .nely how th.► enlit Business Investing Tech • Entrepreneurs Op/Ed Leadership Lifestyle Lists Help Login Signup ]F'orb es Search news. business leaden, and stock quotes 0 !ld1.t.r: Disappearing • Hollywood's Highest -Paid HowToCheekOutYour "`'" AdVoice: Death, Taxes Muidle-Class Jobs Actresses . Sttx:k Broker - And Video antes g Free Issue > 2 days ago Digging Fat Pharma Dividends, Stacking Coin From JPMorgan JOHN DOBOBZ Scrip Club 2 days ago L'Oreal on Digitalizing the Purchase Funnel MarketSharr: BRANDON OUTMAN Collect 19 . If you like tb* thought of coil ectiag DOZENS of dividend checks that total Dividend $4,000... $ ,000... even $6,000 every month, you need to read this report. Checks a By simply following eight Inds Tacoma trick; one Texan now collects a dividend. Month • , checkavary single dayl Ctkkhereto getthee8fricbfodm1y1ncoma Elizabeth Woyke MOBILIZED MY PROFILE MY HEADLINE GRASS My N8S FEED TECH What The AT&T/T-Mobile Merger 15 Could Mean For Wi-Fi Calling 5_ May. 11 sou- 9:43 am 12,843 views I o - ecommsndatidns I 2 commend 61 Since it was announced on March 20, the proposed Sag billion merger between AT&T and T -Mobile USA has been examined from multiple angles. It will be the subject of more analysis on May ii when the Senate Judiciary Committee o evaluates the deal's merits in a Washington, DC hearing. One aspect of the acquisition that hasn't attracted much attention is what the merger could mean for Wi-Fi service 0 and Wi-Fi calling. Yet it's a topic of interest to anyone who works in the Wi-Fi industry and, potentially, to many of T -Mobile's customers who rely on the company's WI -Fl Calling service to manage their wireless costs. 38 Steve Shaw, vice president of corporate marketing for Icinet tss Wirele.8s. is optimistic that AT&T will adopt Wi-Fi Calling if the merger is as ved by regulatory agencies. The technology, which seamlessly switches cell phone calls from an operator's network to Wi-Fi MY ACTIVITY FEED when and where there is a steady signal, is a good fit for AT&T, Shaw [ Show al acrn"ty contends. "AT&T has a strong history with Wi-Fl and continues to invest EuzAaaTH COMMENTED Yesterday [in Wi-Fi] aggressively," he notes. '1 haven't experimented with a split Unlike T -Mobile, AT&T does not currently offer Wi-Fl Calling. But keyboard, but it sounds like I should. I don't think most tablet users will..." thanks to its 2008 acquisition of Wi-Fi operator Wayport, AT&T is the fined to TAKING THE PAIN OUT OP TABLET TYPONY U.S.' largest Wi-Fi hotspot provider. AT&T started out giving its subscribers complimentary Wi-Fl access in places like Starbucks and ELIZABETH GALLEo OUT Yesterday hcentc Barnes & Noble. Now, Wi-Fi is free for anyone at those venues. These commented an TAKIN4 TN< PAIN OUT OP TASLIT policies make AT&T one of the [country'si most progressive mobile TYPINQ •'M„ Ar*. rnirt , •) tahI .t ahT a h, has the QnUt Home News Video Groups Channels Events Network Partners Downloads I.-Ionir? News i '/alto I Events Grrrups TelecomTV One - News Downloads i Tea SIMAiA WiFl on phones: is it the 'real' 4G? Posted By I r1Ir ' o,y fy , 28 July 2010 I it l,irI'ent i I (0) Tags: W.A., .:rnmr .w:tes •I'i"i7iie fire>.7rJ.1, A survey on smartphone user attitudes to WIFI seems to show users' readiness to use the option is high and growing. The question is: how should operators respond? By tan Scales. According to Kineto Wireless,. which has conducted online surveys in both the US and UK into WIFI use on smartphones, around half the respondents claimed to use WiFl on their phones every day (slightly fewer in the US at 45 per cent). YouGov claims this was a fully representative sample, so .re not getting the views of a self-selecting geekage, so given the fiddliness of actually using WIFI when out and about the 45-50 per cart daily use figure is slightly surprising and starts to paint a picture of possible pent-up demand and an opportunity or two. in the UK Kineto's survey was conducted with 2,200 participants on YouGov. Those who used WiFl on their smartphones were asked why: 40 per cent cited the faster speeds available (faster than 2 and 3G) and 50 per cent said ease -of -use was a factor. The respondents got really excited when asked if operators should pull finger and offer WiFl for improved indoor coverage (74 per cent) and a discount for calls made over WiFl (80 per cent), although asking customers whether they are in favour of discounts is a bit of a 'dottt' question. So WiFl is them, users will use it, operators have a looming smartphone capacity problem. Advertisement Solution obvious? If you're trying to sell WiFl Infrastructure (or WiFl service) to mobile telcos it Is, but for telcos themselves it does, it seems to me, raise some pretty existential Issues. Can WiFl be sold and used as a sort of emergency band -aid without draining value from the core macro network service - the one based on that expensive spectrum? Difficult. The fact is that for any 'sitting still' application (downloading movies, accessing email, browsing the Web and so on), WiFl actually gives a better 'user experience' than the one available across the network - the one increasingly likely to have a bandwidth cap on it. The discourit voice service Issue raises a key question too - if the user is • Search TelecomTV... { Search Register t�umk links Welcome Guest, ' Why .in rhl'ecnrnr ' a Bccnnx► a Netai rk Pwtner , Join TelecomTV.com 'Sian in TELECQM..: Connect Contact TelecornTV One Send a message to TelecomTV One Rss Feed - TelecomTV One Related Content News Video Nokia set to bow out of Japanese market in TehicomTv One ( 5 days ago The app. Issettling in for a long and profitable run In TelecnmTV One 1 2 weeks ago Ericsson demos LTE Advanced - the real (4G) thing in resecomTV One 1 2 weeks ago LTE will enable operators to turn back the "OTT providers', says report In TalecomTV One 12 weeks ago AT&T to (perhaps) Introduce speed -based pricing with LTE In Teleco,»i V One 1 2 weeks ago Qualcomm seeds Indian • TO-LTE and prepares to go I In TeieconiTV One 13 weeks ago The plan that fell to earth? LightSquared skewered by GPS Interference In rekcornry One 13 weeks ago NSN prepares the ground for frequency refarming In TetecomrV One 13 weeks ago • paying for an access service, should it be subsi sed by the o•perator? 0 comments (Add Yours) - click here to On Twitter These questions and more were slightly touched upon in our recent Main SIgn in moprVIDEO (Yesterday) Agenda Interactive: LTE and the ROI problem - how important will HSPA+ be Daly Video industry Roundup is cult over the ne4 three years? (click video below) and it's a subject we might be http:llbll.ly/etXZ5N ► Top stories today returning to soon. Keep watching. via stvbsurope ®stevedonohue (c�tsecomly please Sion in to rate this article TelecomTV (Yesterday) #US #ISPs vigilante. 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By mid -2012, it expects to have more than 100,000 access points installed, according to Ruckus, which plans to announce the project Tuesday. As. more mobile customers use smartphones and applications that consume data, mobile networks are struggling to keep up. Operators are considering a number of options for boosting capacity and coverage, including small cellular base stations called femtocell , and WI -Fl. Subscribers to KDDI's flat -rate plans wilt automatically be attached toone of the WI -Fl hotspots rather than use the cellular network, Ruckus said. Customers will need special software on their phones. Existing customers can get the software by visiting a KD01 web site from their phone. New customers will receive phones with the software preloaded, once customers have the software, 'the phone automatically recognizes and logs onto any available access point,' said Steve Martin, vice president of engineering for Ruckus. For now, the software, which KD01 developed with Ruckus, works only on Android phones. But the operator plans to enable the service on other phone piatforms too, Ruckus said. Rather than use wired connections, Ike fiber, to connect the WI -Ft access points to the Internet, 1(001hs using its WiMax network. It is connecting a USB radio, like the kind customers of Its WIMax network use with their laptops, to the access point in order to wlrelessly send traffic from the WI -Fl network. "It's a massive undertaking, so this is away to got an extremely fast roll out," Martin said. Over time, KODI can install fiber or other high -capacity backhaul technologies as needed, instead of using WiMax Ruckus offers a gateway that helps mobile operators unify the WI -Fl network with their cellular network with backend functions like usage thresholds, quality of service, security and billing, but KDDI won't begin installing those until later this year. It needs to first implement a new kind of authentication method In its network, Ruckus said. KODrs COMA (code division multiple access) network does not use the kind of authentication used by GSM (Global System for Mobile Communications) networks and supported by Ruckus. KDDt is. however, using Ruckus' FlexMaster global Wt -Fl management system, which automatically configures access points when they are first connected. That is also helping KDDI to build the network quickly, Ruckus said. KDD1 is installing the access points at shops across the country, including Toyota dealerships. It will make various arrangements with the store owners, including offering them free Internet access via the hotspot, Ruckus said. In other cases, it may share revenue based on customer usage with this store owner. While many operators have created WI -Fl hotspots to ease the load on their cellular networks, end users typically have to manually attach to the WI -Fl network Some operators have used technology known as Unlicensed Mobile Access to allow for seamless roaming between the networks, but that requires special phones and can be expensive and complicated to deploy. Standards bodes are working on another standard for uniting cellular and WI -Fl networks, but In the meantime, Ruckus developed its own system. The standard is important, however, so that customers will be able to roam onto WI -Fl networks owned by operators other then their own, Martin said. Nancy Gohring covers mobile phones and cloud computing for The.IOG News Service, Follow Nancy on Twitter at i tidgnancy. 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Like tQ 0 0 11 '-' Emed () Coinnients Print CELL PHONES I V0IP Feb 18, 2011 110 am Femtocells, Wi-Fl. to Play Growing Role in Mobile Networks By Nancy Gohring,1QO News Some people may yet debate the value of ferrttocells, but the tide has turned: in 2010, the number of ferntocells around the world exceeded the number of macrocells, according to the Fento Forum. SIMUIR ARTICLES: Six Things That Block Your WI -Fl, and How to Fix Them WI. Ft Direct Changes the Game for Mobile Productivity Android Tethering Free Ride is Over New Ways to Solve Your Call Phone Dead Spots Stow `vVI-Fi? Try Bypassing it with an Ethernet Cable Court OKs Dish's $1.375 8dtion Buyout of TerreSter Femtocels are small base stations that operators place in homes or businesses to improve coverage and capacity for users. While there Is some debate yet about whether femtocells or WI -Fl represents a better choice, most experts are now saying that the two technologies will work together. Folow us: fl ; ; 't1 Feeds & Newsletters NAS Buying Guide Network -attached storage Is crucial at work and at home. Find the right device for you. "We're seeing that competitive pitch receding," said Simon Saunders, chairman of the Femto Forum, an association supporting -the fentocell Industry. Now, many fentocell makers are Including WI -Fl In their products. That way end users can attach to the WI -Fl network for data services and use the Business News Daily cellular connection for voice. Ubiquisys Is one company that cet the mot teavogapy rows ttwCn imponsnt b yeu ad your introduced new fen'ttocells that include WI -Fl during the lweness. III sswt days awe.. conference. IEntere-melt address "in the network community it's not an either or," said Steven Glapa, senior director of field marketing for Ruckus Wireless. "It's 'we'll do fentto and WI -F1' and all of them added up will address the Issue.' Ruckus builds WI -Fl access points that operators can Integrate into their wide -area networks. Toward the end of last year, the number of femtocels In the U.S. reached 350.000, surpassing for the first time the number of macrocells there, Saunders said. Globally, there are 1.7 million femtocells In use compared to 1.2 million macrocells, he said. The timing is right for even more growth of fenttocells because many operators are upgrading their networks to LIE, the next generation mobile technology. At the same time they realize that users want to consume an increasing amount of data. Ferntocelis can help Increase capacity for operators but deploying femtocelis requires radio frequency planning. It's easier for operators to plan fenttocels Into new networks than It is to add them to an existing network. "[LTE femtocellsj won't be new devices that are deployed years after the network is built: said Todd Mersch, director of product line management at Continuous Computing. NTT DoCoMo is one operator that has been outspoken about working femtocelis into its network upgrade plans, he said Best Prices on Smartphones MOST POP" . ALL CATEGORES I. X2 Black Smartphone - T Mobile $69.88 and upSesM)I. Pfloa Trophy Black Smartphone - Verizon Wireless $0.01 and up Aa A Pncss C5-03 Black Smartphone - Unlocked 5219.53 and up Sus M Prka C6-01 Black Smartphone - x Unlocked r $349.53 and up (See Alf Prlc,s I Femtocells can also help operators that are struggling with finding new sites for their base See all Best Prices on Smartphones a stations, an often expensive exercise. Fen tocells are physically much smaller than a base station See also: Best Prices on VOIP Phones so can hang in many more kinds of locations. "They can disappear Into a building," said David Swift, a product marketing manager at Alcatel -Lucent. -c1 Still, for some operators, sticking with WI -Fl instead of femtocells makes sense. T Mobile late last year said many of its Android phones would ship with software that allows people to use WI -Fl to make phone calls and send SMS and MMS messages. That offloads traffic from 1 -Mobile's cellular network and shifts the expense of backhaul to the WI -Fl network. T -Mobile Invested in a backend system from Kineto four years ago that lets it manage the Wi-FI use, including counting minutes of use on WI -Fl against a subscriber's plan. That may have made the choice to stick with WI -Fl easier but a company executive said It was a clear choice. "Fenitocells have a math problem and a customer service problem." said Joshua Lonn, director of product development for 1 -Mobile. From an investment standpoint, buying fentocells would cost T -Mobile tens of m(llons of dollars, he said. Many 1 -Mobile customers already have inexpensive WI -Fl routers that can instead serve as a coverage extender. Also, most smartphones today come with WI -Fl. In addition, femtocells can be challenging to instal, he said. 'They're a pain to set up and a pain to optimize on the network," he said. "Wi-Fi Is robust. Why do something as complicated as femto?" The downside to using WI -F1 currently is that users still have to actively turn on WI -Fl on their phones before using It. But both Kineto and Ruckus taked about work going on internally and in standards bodies to make roaming between the cellular and WI -Fl networks automatic. Nancy Gohring covers mobile phones and cloud computing for The IDG News Service. Follow Nancy on Twitter at idgnancy. Nancy's e-mail address is Nancy._Gohring ate' idg,com WAS TtiM ARTICLE USEFUL? Yes S No 0 Sponsored Resource: How to protect your PCs and servers in minutes. Sponsored Links Free Download LogMein - Really 100% Free S Easy Access To PCs & Macs From Anywhere wvw LxlMeln.cn.n Virus & Spyware Remover Free Spywsre & Virus Scan. Industry Leading Detection. 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Top Small Business Ready Products Lonovo ThinkPad W TO Iris 352 people want this HP EfiteBook 8440w 279 people want this Lenovo 1hinkPad X100e 250 people want this HP ProBook 5310m 196 people want this Lenovo ThinkPad SL510 (2847-22U) 193 people want tins See all Latest in Business Center Blogs NET WORK- JULYOL, 2011 3:31 PM Apple IPad, Day 8: Managing Contacts on the iPad I need a solution that lets me keep track of my contacts. and preferably keeps them in sync across multiple devices, so let's see what the Pad has to offer. BIZFEED - JULY oe. 2011 s:4o PM Why Your Business Should Worry About the ISP Copyright Fight ISPs will soon begin sending notices to subscribers whom entertainment companies accuse of illegally sharing and downloading flies. Small businesses should take heed. 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All Blogs » Featured Webcasts ,�„ Top 10 Concerns of Buying a VoIP CNET News CNET News • sign in with • log. in • join CNET • Home • Reviews • .} u cua firere:News • Downloads • Video •How To Search • Latest _News •. CNET River • Latest News • Webware • Crave • Business Tech • Green Tech • Wireless • Security • B logg • Video • Photos • More Merl:r Signal Strength FEBRUARY 24,2011 4:00 AM PST Busting wireless bottlenecks with W,i-Fi by Marguerite Reardon Recommend .68• 199 0 r Last month at the Consumer Electronics Show in Las Vegas, I sat in press conference after press conference wanting to pull my hair out in utter frustration, because even though I had 100 percent signal strength on my wireless air card, I could barely load a Web page. My 3G Sprint air card, which under normal circumstances provides me with a very reliable, stable, and usable Internet connection, slowed to a crawl when I needed it the most. I've had similar experiences at other venues using other wireless networks. At the U.S. Open in New York City this summer, I could barely make a phone call on my AT&T iPhone. And sending or receiving a -mails on my iPhone was unthinkable at peak times of the day during the tournament. Last spring, while attending a Pearl Jam concert in Madison Square Garden, I was also unable to post pictures to Facebook via a Verizon Wireless Motorola Droid. The reason? In each instance, the network was simply overloaded. At CES, my fellow bloggers and journalists were trying to file their stories at the same time I was. And at the U.S. Open and Pearl Jam concert, thousands of other fans were also making phone calls, uploading pictures, sending and receiving e-mail, downloading apps, and surfing the Web. The crush of users in one concentrated area, who were all trying to use the network at the same time, was too much for the network to handle. As a result, these networks became practically unusable. With the proliferation of smartphones and other wirelessly connected devices like tablts, wireless consumers are always connected to the Internet. And in highly trafficked areas like arenas, conferences, train stations, and shopping malls, carrier networks are being stretched to their limits. Wireless operators, are deploying new 4G networks using a technology called LTE to help handle the heavy traffic loads, but 4G alone won't be enough. Carriers are also turning to Wi-Fi to offload some of this traffic -and prevent network bottlenecks. "The fact that carriers are moving aggressively toward 4G doesn't negate the need for Wi-Fi, and vice versa," said Niv Hanigal, senior director of product management for Ruckus Wireless, a company that provides Wi-Fi equipment for carrier -grade Wi-Fi networks. "Wi-Fi is the most cost-effective way to deal with some of their biggest pain points in high density areas, regardless of whether they're deploying 4G or not." A deluge of data Wireless carriers are expected to see mobile data traffic increase 26 times between 2010 and 2015, according to Cisco Systems' latest Visual Networking Index Forecast. By 2015, Cisco says, mobile data traffic will grow to 6.3 exabytes of data, or about 1 billion gigabytes of data, per month. The data traffic surge is likely to hit carriers hardest in densely populated areas or places where large groups of people congregate. 1) Why? The answer is simple. Wireless bandwidth is shared across all users in the same cell site. The more people in a given area trying to access the network, the less capacity is available for everyone in that cell site. That means when I was at CES or at the U.S. Open, I was. competing for a limited amount of bandwidth with the hundreds or thousands of other people also trying to access the same resources in that same wireless cell site. Carriers have two immediate options for creating more capacity in high -usage areas. First, they could create smaller cell sites using their licensed spectrum. Second, they could offload some of their most bandwidth intensive traffic onto a higher capacity, less expensive network. Wireless carriers are creating smaller cell sites where they can, but setting up new cellular towers can be expensive. Wi-Fi is likely their best answer for combating a tidal wave of data traffic heading their way. And here's why. For one, Wi-Fi access points are small and can be mounted almost anywhere. Second, because Wi-Fiis so inexpensive, the technology has found its way into almost every consumer -electronic product on the market, from TVs to laptops to smartphones. In fact, almost every smartphone that is being introduced to the market today has Wi-Fi embedded. This is important because it means there is already a market full of Wi-Fi enabled smartphones that can be offloaded to Wi-Fi when necessary. And third, advancements in Wi-Fi technology during the past five years have helped make it a more affordable. option for building metro -scale networks.. The latest version of the technology, known as 802.11 n, -can travel over much greater distances than previous versions of Wi-Fi. This means that with a single access point, carriers can create Wi-Fi networks that span several city blocks. What's more, these access points can be meshed together to create Wi-Fi "hot zones" that extend networks even further. The so-called 802.11 n Wi-Fi standard also offers much more capacity than older versions of Wi-FL For example, previous versions of Wt-Fi known as 802.11 a, b, or g could provide a maximum of 54Mbps in a given hot spot. 802.11 n Wi-Fi offers up to 300Mbps per hot . spot, Hanigal said. "Wi-Fi isn't the end, all be all for wireless operators," said Jeff Thompson, CEO of Towerstream, which plans to build citywide Wi-Fi hot zones. "It's not going to give carriers 100 percentcoverage for their networks, but it can provide a large data oasis where high demand users can be offloaded to alleviate congestion." Wi-Fl hot zones to the rescue Wireless operators have already begun to turn to Wi-Fi to help alleviate congestion on their networks. In the U.S., AT&T has been the most aggressive in its use of Wi-Fi. It owns more than 20,000 Wi-Fi hot spots across the country in retail locations, such as' Starbucks. It allows its wireless subscribers to use the network for free. The carrier hopes the free access will encourage. smartphone and laptop users to log on to a hot spot when it's available rather than use the 3G wireless network. ) __ AT&T has.even experimented with Wi-Fi hot zones. In May, the company launched a Wi-Fi network in Times Square that was available for :AT&T wireless data customers. AT&T said that some smartphone customers with an auto -authentication client on their devices will connect automatically to an AT&T Wi-Fi hot spot. This client identifies the AT&T hot spot and connects the device without the customer doing anything. AT&T says it has had this capability since 2007. Phones that should be able to connect automatically include the iPhone, several BlackBerry devices, and a select number of Windows Mobile devices, an AT&T representative said. Still, connecting to a Wi-Fi hot spot is not entirely seamless. I have. owned an iPhone since 2008 and have never been able to connect automatically to an AT&T Wi-Fi hot spot. AT&T customers can go to the AT&T Web site to get more information: www.att.com/wifaccess. For many AT&T customers, using AT&T's Wi-Fi is still a manual process the first time they enter a new hot spot. Customers have to log on to the, Wi-Fi network and key in a password to be authenticated onto the network. While some Wi-Fi savvy consumers may seek out hot spots, many will not bother. China Mobile's CEO Wang Jianzhou said this is one of the biggest hurdles that carriers face when it comes to using Wi-Fi to offload mobile traffic. "Authenticating users on operator hot spots is inconvenient," he said during a speech at the Mobile World Congress in Barcelona last week. "Easy Wi-Fi authentication is essential." China Mobile is one of the first wireless operators in the world that will use Wi-Fi in a.major way to help offload traffic. Wang said during his speech that China Mobile hopes to deploy 1 million mobile hot spots throughout China in the next three years. "Operators cannot cope, no matter how much they try to expand capacity with 2G and 3G networks," he said. "Extending Wi-Fi coverage has proved to be a very important supplement to cellular networks. It can effectively alleviate data traffic [congestion]." Hanigal of Ruckus Wireless, which is providing the Wi-Fi gear that China Mobile is using to build its network, said wireless operators throughout Asia and Europe see the value in building their own Wi-Fi networks in dense areas to offload traffic. But these Wi-Fi networks are not your typical hot spots. They are built and controlled by the carriers, and more importantly they are tied in to the carrier's current wireless network. This will allow users to seamlessly roam on and off the Wi-Fi networks without even realizing that they are on a Wi-Fi network. The idea is that the device will be able to pick the best available network, whether that's a 3G or 4G cellular network or a Wi-Fi network. "Carriers aren't just building more hot spots that they can control themselves," he said. "This is about tying Wi-Fi in to the existing wireless networks for billing and authentication, so that when you enter a Wi-Fi hot spot, you're authenticated by the carrier. And the carrier knows that it's you and knows which service plan you have subscribed to." While China Mobile is building its own Wi-Fi network, in the U.S., Hanigal believes that wireless operators may work with third -party Wi-Fi wholesalers. For example, Towerstream, which has built a business providing wireless data services to large businesses via wireless technology, is starting to build Wi-Fi hot zones in major cities. Using Ruckus equipment, the company built a pilot network in New York City that it has been testing for several months. Towerstream has built the network so that carriers can seamlessly offload cellular traffic to their Wi-Fi network in high traffic areas, such as Times Square or Grand Central Terminal in New York City. Technology already exists today that will make the handoff between the cellular network and the Wi-Fi network seamless. SmithMicro Software, which already provides mobile VPN solutions for all four major wireless carriers, has developed products that will allow carriers to authenticate and keep track of wireless users as they wander on and off these Wi-Fi networks. Lee Daniels, senior director of product marketing for SmithMicro, said the real challenge for carriers is tracking customers as they move from their own controlled licensed spectrum environment to the Wild West of the unlicensed Wi-Fi networks. "Having policy controls becomes very important for the carriers," he said. 'They need to have the tools to know when a customer should jump on a Wi-Fi network and when they shouldn't." Upgrading smartphones to use these offload networks shouldn't be a problem either, Daniels said. Unlike new 4G services that require new chipsets in each device, existing Wi-Fi-enabled smartphones can take advantage of seamless authentication with a simple software upgrade. Towerstream expects to have its Wi-Fi hot zone network open for business this summer. And the company has plans to offer the service in other major cities as well. Hanigal of Ruckus believes that U.S. carriers will start making more aggressive moves to use Wi-Fi to offload traffic over the next 12 to 18 months. But he said the speed with which they use Wi-Fi hot zones will depend on how painful things get on their 3G networks. "It will be interesting to see what the iPhone does to Verizon Wireless's network," Hanigal said. "If their 3G network suffers as AT&T's has, then they might turn to Wi-Fi offload more aggressively." Update 2/26/11 1:25 p.m. PT: AT&T clarified that some smartphones can be automatically authenticated for access to its M-Fi hot spots. Recom•nend : ' 68 199 Share i 68 Marguerite Reardon E-mail Marguerite Reardon Like 62, Marguerite Reardon has been a CNET News reporter since 2004, covering cell phone services, broadband, citywide Wi-Fi, the Net neutrality debate, as well as the ongoing consolidation of the () phone companies. • Reviews . • Atl Reviews • C'arncorders • Car Tech • Cell Phones • Digital Cameras • GPS • Laptops • 'TVs • News • All News • .Business Tech • Crave • Cutting Edge • Green Tech • $ecurity • Wireless • Downloads • Acid Your Software • All Downloads • Mac • Mobile • Software Deals • Webware • Windows • Video • All Videos • Apple Byte • Buzz Report • CN'ET Top 5 • Loaded • Prizetficht • More • About CBS Interactive • About CNET • CNET Deals • CNET Forums • CN ET Mobile • CNET Site Mau • CNET Widgets • Corrections 1 N 0 LSD Lo im+ � � � �, a O Q.v. 3 a1 CD O O► �p a c M c n o r+ rP .43 CD a.. oc . • CD < ..',% Z CD tog co -9 �7 Ic ^ 0 1 N z yr m 0030. m m • tG m 0 •• a�No0 0C'^LJ cV O »gy�pp � fD fi N • Market share i I 4��I�I\I p S 0 O C? 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DI a M n^ o f oo-f° o: o► p, .4n ; cn in O � CD CD C i UI am" O C J ID' PLACEHOLDER Agenda Date: To: From: December 8, 2011 Architectural Review Board Clare Campbell, Planner Architectural Review Board Staff Report Department: Planning and Community Environment Subject: AT&T DAS Proiect f11PLN- 003401: Request by AT&T for Architectural Review of the co -location of wireless communications equipment (Distributed Antenna System [DAS]) on 19 existing utility poles located within City rights -of -way at various locations within the City: 179 Lincoln - 1851 Bryant - 1401 Emerson - 1880 Park Blvd - 134 Park Ave - 109 Coleridge- 1345 Webster - 2101 Waverley - 2326 Webster - 968 Dennis - 370 Lowell (Waverley side) — opposite of 1248 Waverley - 105 Rinconada - 1720 Webster - 2704 Louis - 464 Churchill - 255 N. California - 1085 Arrowhead - 595 Lincoln; and on one utility pole within County right of way: Oregon Expressway near Ross. Proposed equipment would include two antennas at the top of each pole and two equipment boxes on the side of each pole. Environmental Assessment: Exempt from the California Environmental Quality Act per section 15303, New Construction or Conversion of Small Structures. RECOMMENDATION Staff recommends the Architectural Review Board (ARB) recommend approval of the project as conditioned to the Director of Planning and Community Environment (Director), based upon the ARB Approval Findings in Attachment A and subject to the conditions of approval in Attachment B. The ARB is requested to focus on the prototype design and installation guidelines rather than the success or failure of each individual installation to meet the guidelines, since the prototype design, as conditioned, is anticipated to be repeated in future applications. Shot Clock The applicant has informed staff that the City is obligated to make a decision on this application by January 9, 2012, based upon the Federal Communications Commission (FCC) Shot Clock Ruling deadline. The Shot Clock is unique to wireless telecommunications applications; it does not allow the City to declare that the project application is incomplete post re -submittal of documentation following the first "notice of incomplete" as was provided to the applicant. For instance, four new locations were recently proposed in the resubmitted materials and have been Page 1 of 8 minimally evaluated by staff prior to the ARB hearing date. Staff was able to send courtesy notices to residents surrounding the new locations to allow for a 21 -day comment period that ends on the ARB hearing date. Staff anticipates a lengthy public testimony segment during the ARB hearing of this item. Staff recommends that residents impacted by the new locations provide comments in writing for the Director's consideration (and Council's consideration on appeal). Actions Following Decision Conditions of approval may be added to Attachment B requiring follow-up during a future ARB Consent Calendar or subcommittee review, as in all entitlement applications. The one installation in the Professorville Historic District is conditioned to either meet the height limit or go through a Variance process for exceeding the height limit following review by the Historic Resources Board and ARB (which may still result in resolving the height issue by meeting the height limit). Staff anticipates the City Council will be reviewing this AT&T application on appeal, given the public opposition expressed to date. The appeal hearing would follow a study session on the topic at the same Council meeting, and the session would include discussion of the development of a wireless master plan. BACKGROUND On September 13, 2011 AT&T submitted an application to the Planning department for Architectural Review for the DAS installations at the above listed locations. The City is not the proponent of the project, but is the land owner and co-owner (with AT&T) of the utility poles. The project was determined to be a "collocation" project and, according to PAMC 18.42.110, only requires approval of an Architectural Review application followed by issuance of encroachment permits; the use itself is considered permitted, such that no Conditional Use Permit (CUP) is needed. The Architectural Review focus is on the aesthetics and sustainability of a project, along with Comprehensive Plan policy compliance, and approvals are based upon the 15 Architectural Review findings as determined to be relevant to the project by staff and the ARB. AT&T is proposing the installation of an Outside Distributed Antenna System (DAS) throughout the "flat lands" of Palo Alto. AT&T had been working toward obtaining permits to install "macro -cell" sites (towers and rooftop installations, faux trees and monopoles) in Palo Alto and had met with resistance in certain neighborhoods. The City Council conducted a study session on May 15, 2011; the report, found on the City's website at http://www.cityofpaloalto.org/depts/pinlnews/details.asp?NewslD= 1761 &TargetID=85, provides background information including a Frequently Asked Questions attachment to address technical questions. The applicant has also provided some technical information in their project description letter (Attachment B). The DAS would be comprised of multiple smaller antennas installations throughout an area to provide adequate coverage and/or additional capacity for a service provider. AT&T and the City of Palo Alto have an agreement that allows AT&T to collocate the DAS antennas on city utility poles (added to the top); Council approved this agreement on July 25, 2011 (CMR #1756). The proposed citywide AT&T DAS project would involve approximately 80 collocation installations. Page 2 of 8 The proposed design would allow for multiple wireless communication providers to "collocate" within the same antennas and equipment boxes. The two antennas in the proposed prototype would allow for use by multiple providers without the necessity of adding antennas. Each of the rectangular remote prism cabinets provides eight radio frequency units or "slots" that would be available to AT&T and other providers. AT&T would use three of these "slots" within the equipment cabinets, leaving five such "slots" for other wireless providers to lease and collocate their equipment. The proposal also includes a cube -shaped, battery back-up cabinet at each pole. AT&T is planning for approximately 80 pole installations, dividing the installations into four applications of 18-20 pole sites. Following the board level review and recommendation on this first application for 20 sites, the remaining three applications (not yet submitted) following the same prototype as is requested, to be approved following board level review (and Council review on appeal), would be reviewed at staff level for compliance with the Architectural Review (AR) Findings. Following the submittal of each application and each action by the Director of Community Environment on the application, staff would provide courtesy notices to neighbors within 300 feet of each pole. The Director's decisions on staff level AR applications are also posted on the City's website and noted on the following ARB meeting agenda. Director's decisions on wireless installations not subject to CUP would be appealable to City Council. ARB Preliminary Review On August 4, 2011, AT&T presented to the ARB the preliminary design concepts for the DAS installation. The ARB provided the following direction to AT&T regarding placement of the pole equipment: 1. Face the pole -mounted boxes away from direct views of the adjacent home, toward the street. 2. Consolidate all the pole -mounted equipment to reduce the visual clutter; this also includes the consideration of placing as much equipment below grade as possible. 3. Select utility poles that are adjacent to evergreen trees and not deciduous trees. 4. Place the units mid -block instead of at more visible corners/intersections. 5. Consider the height placement of the pole -mounted boxes to determine the most advantageous height that is least disruptive to views (both pedestrian and from the closest residence). 6. Units should not be located on top of light fixtures. In addition to the comments above, the ARB suggested that the applicant work with a design firm (IDEO was mentioned) to develop a more aesthetically acceptable design for the project. Project Description The proposed design for the DAS installations is shown in Figure 1. The existing utility poles range in height from 32 to 60 feet and the pole top extension, on average, is about 12 feet. The equipment that is proposed on the pole face is the same for all the poles and is comprised of (1) a power disconnect box located nine feet above grade; (2) a remote prism cabinet (52.4"H x 12.15"W x 10.125"D) located approximately 10'-5" above grade; (3) a back-up battery cabinet (27"H x 22"W x 18"D) located approximately 15'-9" above grade; (4) an optical network interface box (13"H x 13"W x 3.75"D) located approximately 19' above grade; and (5) related Page 3 of 8 wiring. At the top of the pole extension, two antenna fixtures (24"H x 16" Base Diameter) are proposed. All equipment would be painted dark green. Figure 1 provides a photo -simulation of the proposed design as well as an elevation showing the typical dimensions of the antenna placement. Figure 1: Typical DAS Installation •r ¢" :_- f •� R'xrtv � ...,�....1.., �P..;S nx,.t" •a �.n�ar��xne4rcr:�ar 111 J +�ainmo- r, ti 2 enter aml W !1 f � lr J A - wa111 p�.l�s� 4 9p sen..i wwrwF . artvn c�a.n�� a1 Zoning Requirements The proposed DAS installations are atop existing utility poles that are located within the City owned right-of-way (sidewalks). The development standards for wireless communication facilities (WCF) allow "stand alone" facilities to be up to 65 feet in height and the proposed design complies with this height limit. This project is viewed as a collocation project on a stand alone facility (versus a "building mounted" facility.) The zoning code specifies that the equipment shall be the minimum size needed, screened from public views, and architecturally compatible with the project site. The antennas are required to be designed to minimize visibility. One of the existing poles proposed for the installation is 60'4" above grade (1248 Waverley) and the pole extension would increase the height to 73'6". This is the only such installation in this current batch that would exceed 60 feet with the pole extension. This particular site is within the Professorville Historic District and will be reviewed by the Historic Resources Board. Typically, a Variance would be requested for a project exceeded the height limit; however, no Variance application has been received for this installation. Page 4 of 8 Public Comments Planning staff and City Manager's office staff, the ARB and the City Council have received numerous written comments and phone calls from many residents after the initial submittal of the project in September 2011. The majority of comments received were not in favor of the project, citing the project's potential negative impacts to property values, possible health issues, and noting general dislike of the proposed design. There were also numerous requests for the City to develop a telecommunications master plan or policy that would shape the future development and placement of wireless facilities. Written public comments are included in Attachment F. DISCUSSION Outreach AT&T has conducted several community outreach meetings to describe their proposal and answer questions. The City has provided notice cards to announce the project submittal and ARB and HRB hearings to addresses within 600 feet of each installation, which is a broader radius for noticing than is proposed for notification of the anticipated future AT&T applications. The 600 -foot notice radius is the standard distribution for CUP applications and major ARB applications. Design Alternatives Staff and the ARB requested that the applicant provide alternative prototype design options, other than the original "T" design submitted. At the time this report was being prepared, AT&T had not provided this information, but had described other approaches and displayed a few playful designs in a meeting with staff. AT&T may choose to display the whimsical designs at the ARB meeting. AT&T's application included alternative locations for each of the 20 installations, meeting coverage and capacity needs. Planning staff reviewed all alternative locations AT&T included in the application and hired a Landscape Architect (Cordelia Hill of RHAA), experienced in reviewing right-of-way utility installations for optimum placement, to review the proposed installations and provide any additional recommendations, attend the ARB hearing on December 8, 2011, and attend the anticipated Council appeal hearing (on a date not yet identified). The City also has retained an independent telecommunications consultant (RCC, whom the City hired to present information regarding the industry at the Council study session in May 2011) to review the AT&T proposal; the consultant is anticipated to attend both the ARB meeting and related Council meeting. In order to ensure a more streamlined design for the pole installations, staff recommends that the two antennas be reduced to one (so the antenna is inline with the pole), and that the cube -shaped back-up battery cabinet be eliminated from the installation. It should be noted that with this modified design, the project would not be able to support collocation by other carriers on the pole. AT&T would need to submit a new Architectural Review application, if in the future they wish to propose additional antenna(s) allowing additional capacity for collocation. In addition, Page 5 of 8 removal of the backup battery cabinet would result in limited service/coverage during a power outage. Attachment B includes the approval condition requiring this more streamlined design; however, Council would have the ability, on appeal, to remove this condition allowing for the double -antenna prototype installation. Conformance with ARB's Recommendations At the August Preliminary Review, the ARB provided some placement recommendations to assist AT&T in designing a better screened project. The following list provides those recommendations and the project's compliance: • Face the pole -mounted boxes away from direct views of the adjacent home, toward the street. - Six of the poles have equipment facing to the side (not toward the street or the residence). • Consolidate all the pole -mounted equipment to reduce the visual clutter, this also includes the consideration of placing as much equipment below grade as possible. - No changes were made to the prototype; all equipment is shown above grade and is the same quantity as shown at the Preliminary Review meeting. This is why staff recommends and proposes a condition eliminating one of the equipment boxes (the battery back up). • Select utility poles that are adjacent to evergreen trees and not deciduous trees. - 17 of the poles are either near one street tree (6) or between two street trees (11 sites). The identification of the tree species (being evergreen or deciduous) was not provided; however, street trees in Palo Alto are typically deciduous (with the exception of Magnolia trees). Staff will have information on the tree species at the ARB hearing, as well as information about potential tree installations for additional screening. • Placement of units mid -block instead of more visible corners/intersections. - Two sites are at or close to a corner. The applicant may describe to the ARB why two corner locations are requested. Conditions of approval may be added to Attachment B to require relocation of installations away from corners as previously recommended. Staff will be prepared for discussion on this at the ARB meeting. • Consider the height placement of the pole -mounted boxes to determine the most advantageous height that is the least disruptive to views (pedestrian and from the closest residence). - The back-up battery box and the prism remote equipment have been reversed on the pole (as compared to the proposal shown at Preliminary Review), with the larger battery box placed higher, 14-15 feet above grade, and the slimmer prism remote box below that. As noted, staff's recommendation and draft condition is for removal of the battery back up box. • Units should not be located on top of light fixtures. - 10 poles have light fixtures attached to them. AT&T may wish to present to the ARB why this recommendation was not followed for half of the proposed installations. Noise An issue that was raised by the ARB and residents was regarding the noise production of the proposed equipment on the pole. AT&T has provided a noise report (Attachment E) that Page 6 of 8 addresses this issue. According to AT&T, there are two pieces of equipment that would produce sound, the back-up battery cabinet and the prism remote; all other elements proposed are not noise producing. It is staff's understanding that the project is in compliance with the City's Noise Ordinance (PAMC 9.10) and that it is not an issue for this project. As specified in PAMC Section 9.10.050, the public property noise limits specifies that no person shall produce on public property a noise level more than 15 dB above the local ambient at a distance of 25 feet or more from the source. The definition of local ambient means the lowest sound level repeating itself during a six -minute period as measured with a precision sound level meter; the code specifies that the minimum sound level shall be 40 dBA when determining noise levels outside (not inside a structure), and therefore to violate the noise ordinance, noise production has to exceed 45 dBA at a distance of 25 feet away from the source. The combined noise level produced by the two pieces of equipment is approximately 40 dBA at five feet away from the pole, and the report concludes that at 25 feet away from the pole the noise levels are in compliance with the Noise Ordinance. Other Department Review Utilities Electrical Division staff have been requested to attend the ARB meeting to describe the status of the application from their standpoint. Any additional trees that may be envisioned by the City's consulting landscape architect on this project would need to be reviewed by the Public Works' Arborist and Utilities Department to ensure feasibility. A status on these aspects of the project would be included in staff's verbal presentation to the ARB and report to City Council on appeal. ENVIRONMENTAL REVIEW The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per section 15303. ATTACHMENTS Attachment A: ARB Findings for Approval (to be provided under separate cover) Attachment B: Draft Conditions of Approval (to be provided under separate cover) Attachment C: Location Map* Attachment D: Project Description Letter* Attachment E: Noise Study* Attachment F: Public Comments Attachment G: Project Plans (ARB members only)* * Prepared by Applicant; all other attachments prepared by Staff COURTESY COPIES Minh Nguyen, AT&T [mn3281@att.com] Prepared By: Clare Campbell, Planner Page 7 of 8 Manager Review: Amy French, Manager of Current Planning Page 8 of 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Thursday, December 8, 2011 SPECIAL MEETING - 10:30 A.M. City Council Chambers, Civic Center, 1St Floor 250 Hamilton Avenue Palo Alto, California 94301 ROLL CALL: Board members: Heather Young (Chair) Judith Wasserman (Vice Chair) Clare Malone Prichard Alexander Lew UNFINISHED BUSINESS Major Items Staff Liaison: Russ Reich, Senior Planner Amy French, Manager of Current Planning Staff Diana Tamale, Administrative Associate Clare Campbell, Planner 1. AT&T DAS Project [11PLN- 00340]: Request by AT&T for Architectural Review of the co -location of wireless communications equipment (Distributed Antenna System [DAS]) on 19 existing utility poles located within City rights -of -way at various locations within the City: 179 Lincoln - 1851 Bryant - 1401 Emerson - 1880 Park Blvd - 134 Park Ave - 109 Coleridge- 1345 Webster - 2101 Waverley - 2326 Webster - 968 Dennis - 370 Lowell (Waverley side) — opposite of 1248 Waverley - 105 Rinconada - 1720 Webster - 2704 Louis - 464 Churchill - 255 N. California - 1085 Arrowhead - 595 Lincoln; and on one utility pole within County right of way: Oregon Expressway near Ross. Proposed equipment would include two antennas at the top of each pole and two equipment boxes on the side of each pole. Environmental Assessment: Exempt from the California Environmental Quality Act per section 15303 New Construction or Conversion of Small Structures. Chair Young: Good morning. We're ready to begin. We're going to start with roll call. Ms. Diana Tamale, Administrative Associate: Board Member Wasserman. Board Member Wasserman: Here. City of Palo Alto December 8, 2011 Page 1 of 85 1 Ms. Diana Tamale, Administrative Associate: Board Member Young. 2 3 Board Member Young: Present. 4 5 Ms. Diana Tamale, Administrative Associate: Board Member Lew. 6 7 Board Member Lew: Here. 8 9 Ms. Diana Tamale, Administrative Associate: Board Member Malone Prichard. 10 11 Board Member Malone Prichard: Here. 12 13 Ms. Diana Tamale, Administrative Associate: Thank you. 14 15 ORAL COMMUNICATIONS. Members of the public may speak to any item not on the agenda 16 with a limitation of three (3) minutes per speaker. Those who desire to speak must complete a 17 speaker request card available from the secretary of the Commission. The Planning and 18 Transportation Commission reserves the right to limit the oral communications period to 15 19 minutes. 20 21 Board Member Young: We'll start with Oral Communications. Members of the public may 22 speak on any item not on the agenda and I don't believe we have any cards for that this morning 23 so we'll move directly to agendas, changes, additions and deletions. Have there been any 24 modifications in the last 72 hours? 25 City of Palo Alto December 8, 2011 Page 2 of 85 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 UNFINISHED BUSINESS Major Items 1. AT&T DAS Project [11PLN- 00340]: Request by AT&T for Architectural Review of the co -location of wireless communications equipment (Distributed Antenna System [DAS]) on 19 existing utility poles located within City rights -of -way at various locations within the City: 179 Lincoln - 1851 Bryant - 1401 Emerson - 1880 Park Blvd - 134 Park Ave - 109 Coleridge- 1345 Webster - 2101 Waverley - 2326 Webster - 968 Dennis - 370 Lowell (Waverley side) — opposite of 1248 Waverley - 105 Rinconada - 1720 Webster - 2704 Louis - 464 Churchill - 255 N. California - 1085 Arrowhead - 595 Lincoln; and on one utility pole within County right of way: Oregon Expressway near Ross. Proposed equipment would include two antennas at the top of each pole and two equipment boxes on the side of each pole. Environmental Assessment: Exempt from the California Environmental Quality Act per section 15303 New Construction or Conversion of Small Structures. Chair Young: Do we have a Staff presentation? Ms. Clare Campbell, Planner: Yes, good morning Board Members. The project before you this morning is for the 1St phase of a Distributed Antenna System for AT&T. The proposed Distributed Antenna System, or DAS for short, is comprised of multiple smaller antenna installations mounted to existing utility poles. This project proposes 20 pole mounted installations and ultimately AT&T proposes to submit a total of 20 or so installations to build out their DAS system in Palo Alto. The AT&T proposal includes equipment boxes mounted to the pole face and two antennas mounted on a pole extension placed at the top of the pole. All 20 poles are proposed with this same design. In order to reduce the project's visual impacts, Staff has recommended that the battery backup cabinet be eliminated from the installation and that one antenna be removed while City of Palo Alto December 8, 2011 Page 3 of 85 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 the remaining antenna be placed in line with the utility pole. This recommendation is listed in the Conditions of Approval in Attachment B. This week AT&T sent Staff and the ARB the new design that shows what the installation would look like with the battery cabinet removed and the elimination of one antenna. This new design reflects the general intent of Staff's recommendation just mentioned. I'd like to pause for a second and let Chair Bernstein from the HRB present out what was mentioned yesterday at the HRB meeting because he has to leave in a few minutes so if I could have him come up. Chair Bernstein: Thank you Clare and Chair Young and Members of the Board. I'm Martin Bernstein, Chair, Historic Resources Board. We reviewed this project yesterday at our HRB meeting and specifically for the one pole that is in the National Registered Historical District called Professorville. The address is 1248 Waverley Street. The responsibility of the HRB to the City and the citizens is to review any additions, changes, modifications to any structure within the National District. That's why it came to our agenda yesterday. We are charged to review the United States Secretary of Interior Standards for Rehabilitation. That's the guidelines that the City of Palo Alto has adopted as our filter for all changes. We are in support of the draft conditions, specifically the back up battery cabinet to be removed and also to remove one of the antennas and in that light the Board voted unanimously that from the Secretary of Interior Standards on any significant impact on the historic quality of the City of Palo Alto December 8, 2011 Page 4 of 85 1 neighborhood, unanimously we voted that there is no significant impact with this proposal. That 2 concludes our comments today. Thank you. 3 4 Chair Young: Do any members of the Board have questions for Mr. Bernstein? 5 6 Vice Chair Wasserman: I would just like to thank the HRB for continuing to send 7 representatives on all projects that include both of us. It's very helpful. Thank you. H 9 Chair Bernstein: Thank you. 10 11 Ms. Campbell: Okay, and to continue on with this particular project that went to the HRB 12 yesterday located adjacent to 1248 Waverly, this particular pole, the existing pole is a little bit 13 over 60 feet tall so with the extension proposed this installation would exceed the height limit we 14 have for wireless communications facilities and the height limit is 65 feet so in the Conditions of 15 Approval for this particular installation we've required the height be reduced to meet the 65 foot 16 height limit and that's part of the conditions listed in the attachments. 17 18 I'd also like to review three of the more significant Conditions of Approval listed in the packet. 19 The first was mentioned already. Staff has recommended that the project eliminate the battery 20 cabinet and one antenna to better streamline the project. Second, all proposed poles are required 21 to be reviewed by the utilities department to determine if the pole is feasible for the placement of 22 the installation. This level of review has not been completed yet and if the utilities department City of Palo Alto December 8, 2011 Page 5 of 85 1 does not support the placement of equipment on the identified poles in this application then 2 AT&T is required to submit for a new Architectural Review application for any alternative sites 3 that they are seeking. 4 5 Lastly, for all sites where new street trees are recommended to be added for screening purposes, 6 the Public Works Tree Division, Utilities Department and Transportation Division, must review 7 and approve the placement. Again, if the City does not support the installation of the new street 8 trees to screen the proposed installations, AT&T will be required to resubmit for a new site and 9 go through the review process for those. 10 11 For the overall AT&T proposal, Staff has received numerous comments primarily opposing the 12 project and most of those have been included in the Staff report. Since the report preparation 13 we've also received numerous additional comments and those have been provided at places. 14 We've received additional comments this morning as well and I don't know if we've had the 15 opportunity to get those to you. 16 17 Staff has also brought on board two consultants to assist in review of this project. One is 18 Cordelia Hill from Royston Hanamoto Alley & Abey to assist with the design review of the 19 project, and Dieter Preiser from RCC Consultants who is assisting with the technical aspects of 20 this project. They'll available here today to also answer questions regarding the technical issues 21 and the design. 22 23 I can defer to Amy or Curtis if they need to add anything. 24 City of Palo Alto December 8, 2011 Page 6 of 85 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Ms. Amy French, Manager of Current Planning: In addition to some of those comments that we've received and emails which you also have received, there have been letters of support as well and the focus of today's meeting is primarily on the prototype of the pole and attachments rather than going from location to location and looking at each location. Then we do have our attorney here as well as Mr. Jim Fleming from the Utilities Department. Jim has been working with AT&T as well as considering some alternatives including placement of macro towers at the city's substations in an attempt to avoid having utility poles throughout the city receive these types of treatments from all the carriers that might be interested. Thank you. Board Member Lew: Amy, would this be the right time to outline the process of where we are and where we are going forward and the shot clock and the Council? Ms. French: Yes and I wanted to also mention we've prepared an informational memo that should be online on the web site as of today regarding where we are status wise with the AT&T proposal as well as city considering potential for a wireless master plan that might include using city sites to help fray the occurrences of such installations and we also in the report propose to come back to the City Council in January for a Study Session. We had one back in May 2011 and we are looking to have another one in January to discuss further the possibility and ideas surrounding looking for macro tower sites that might again provide the capacity and coverage needs that the city is struggling with and I should say at that same meeting we are anticipating that there will be review of this AT&T proposal as well given that there is anticipated to be a decision prior to January 9th. January 9th is the shot clock date. We, in California, have what we City of Palo Alto December 8, 2011 Page 7 of 85 1 call the Permit Streamline Act which requires us to act within a certain number of days when 2 there is a CEQA exempt project. The Federal Regulations regarding wireless communication 3 facilities has a more strict timeline that and also ways of doing things that we are not accustomed 4 to and that is we tell people that apply whether it is a complete application or not then they come 5 back with revisions attempting to meet that letter saying what's incomplete and then we do not 6 have an opportunity to say whether there are additional items that are incomplete we have to 7 make a decision on what they've submitted so that deadline for us is January 9th as AT&T has 8 informed us. I believe that was included in the Staff Report as well. Did you have any questions 9 I didn't answer on that? 10 11 Board Member Lew: So January 9th. Is that a Council or the Director needs to make a decision 12 by then or... And that's appealable right? 13 14 Ms. French: We've interpreted that to mean the Director's decision must be made by January 15 9th. Not the Council. That would be an appeal of the decision that we intend to make by January 16 9th on the project. Being that we do not have another ARB meeting before January 9th scheduled 17 we are asking for a recommendation today if possible. Thank you. 18 19 Chair Young: Does that conclude the Staff Report? 20 City of Palo Alto December 8, 2011 Page 8 of 85 1 Ms. French: Yes it does, thank you. One last thing. This is not Unfinished Business. That was 2 an error on the agenda. It's actually the first time you're hearing it and probably the last time 3 you are able to consider this particular package. 4 5 Chair Young: Thank you for that clarification. 7 Vice Chair Wasserman: Does the gentleman from the Utility Department have anything to say 8 about putting the poles in the substations as part of perhaps the Staff Report? 9 10 Chair Young: Mr. Fleming? 11 12 Ms. French: Jim may wish to add to that again we are going to be definitely providing much 13 more comprehensive discussion at the January session but Jim, do you have anything? 14 15 Mr. Jim Fleming: I can address that briefly. My name's Jim Fleming from City of Palo Alto 16 Utilities Department. We over the last year have looked at developing a conceptual plan for 17 citing of macro towers on city facilities specifically the substations. There are 9 substations 18 within the city. Roughly 4 or 5 of those substations could possibly support macro cell towers but 19 again those are just exploratory discussions. No decisions have been made. A lot of the due 20 diligence that has to occur to see if it would fit into the configuration of the substations, etc. 21 would have to be done so those discussions are ongoing. Again, I want to emphasize those are 22 just exploratory discussions. City of Palo Alto December 8, 2011 Page 9 of 85 1 2 Chair Young: Thank you very much. 3 4 Ms. French: And I might add if the term macro tower is not familiar to the audience or the 5 Board, and for the general public, macro towers are not these smaller DAS utility pole 6 installations. They are a tower specifically built to accommodate several carriers typically and 7 they are quite a bit wider and taller than the utility poles. H 9 Chair Young: Thank you. At this time if the Applicant would like to make a presentation. As a 10 Major Item you have 10 minutes. 11 12 Mr. Paul Albritton: Thank you. Paul Albritton, Outside Counsel for AT&T. Thank you for 13 having us here today and allowing us to make this presentation for the AT&T Distributed 14 Antenna Systems Network. I am beginning with two minor deficits. One is a cold and the 15 second is we put up our PowerPoint presentation and realized it's blank so we'll go old school 16 today and can leave the lights up. It is a pleasure to be here today. We appreciated your 17 comments back from August 4th when we first brought forth the DAS proposal into the public 18 realm and appreciated very much your comments at that time. Subsequent to that meeting, 19 AT&T withdrew its major project application and filed a minor project application of 20 pole 20 sites based in large part on the comments that you made. That project will be a minor project 21 which means that each pole gets an encroachment permit and then there is also an agreement 22 between the City Council and the City of Palo Alto and AT&T to allow AT&T to use the top City of Palo Alto December 8, 2011 Page 10 of 85 1 part of the pole and those are the only two parts of the application. There is no building permit 2 so we wrote in our legal letter that we sent to you and I understand that you have our packet and 3 we wonder what the process really should be in terms of review before the ARE but we're very 4 happy to be here today and get your comments as we were in August. We took your comments 5 to heart. We went back and sharpened our pencils, or upgraded our software, and reviewed what 6 was provided to us in order to accommodate the esthetic concerns you expressed in our design. 7 The first thing we did was a full esthetic review of all the poles we were going to propose and in 8 the packet in the slide I was going to show you, was an esthetic review where we looked at 98 9 poles in order to come up with the 20 poles we are proposing today. We looked at them from 10 various esthetic perspectives. First of all, trees. You had pointed out the importance of 11 screening the equipment with trees. We moved poles back toward trees so the screen would 12 cover the radio equipment. We looked for non deciduous trees and found there weren't as many 13 non deciduous trees as we would have liked and where there were non deciduous trees the height 14 of the trees frequently was taller than the antennas and we need to have the radio signal 15 propagate through the antennas. 16 17 In those situations where trees were not readily available we worked with Staff and agreed that 18 AT&T would fund the placement of a street tree and the maintenance of that street tree or in 19 circumstances where its not a city owned tree a private tree and if that tree were to be removed 20 that AT&T would fund the new tree or replacement of that tree. We also looked at block face 21 and we looked at instead of putting poles on corners, as you suggested, we moved them back and 22 tried to put them between property lines and between residences so the facility isn't viewed from City of Palo Alto December 8, 2011 Page 11 of 85 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 a second story window or a first story window. We looked at the equipment placement itself and rotated the boxes so they are facing the street in most circumstances except for where there is a street light and we rotate them 90 degrees in the best esthetic direction we can or in one situation where esthetically the tree it made sense to rotate it 90 degrees. I was going to show you a comparison of the 1221 Waverley site and the 1248 Waverley site which was the one that was discussed yesterday before the HRB and you can really see the drastic comparison of moving the site away from the corner into the trees and how that improves the esthetics and we of course did all of that based on your comments. We also looked at the design. You asked to see if we could go back and see if we could redesign it somehow. We talked to IDEO as you recommended and they took a long hard look, we got a letter back from IDEO which is all in your packet which describes how it was apparent right away that they were not going to be able to re -engineer the boxes, combine the boxes or make them smaller because of the time it takes and the time it took AT&T to come up with the small box that they have now. As a consequence IDEO went forward and did some camouflage designs. I wish I had these slides to show you. Maybe I can. Maybe you can see if it's under the IDEO file. In any case, you've got these in your packet. They show some very... You recognize where IDEO got its reputation. Birdhouses and birds and flower pots and other designs that would have been whimsical and interesting to place on the pole but in their cover letter they clarify and we point out that those designs don't fit in with general order 95 with respect to wind loading, structural loading, lineman placement for climbing, there's got to be a City of Palo Alto December 8, 2011 Page 12 of 85 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 place for the lineman to put his strap, all those things. There is a reason the telephone poles look the way they do. You don't want them to blow over as they've done in some very high winds recently. You want them to survive the shake, rattle and roll test. And so these camouflage designs ultimately ended up expanding the silhouette, expanding the bulk and the color but at the same time were not engineeringly practical. We also got a design from Stealth. Stealth came up with a single cylindrical antenna design that was 14 feet tall, about 20 inches in diameter and we thought that that also was not acceptable. But AT&T didn't give up there. We wanted to try and come up with something that would help improve the esthetics as you requested. We asked our engineers, what's the minimal design that you can come up with that will provide the service that we want to provide as best we can with the best esthetic impact and that's where the idea came up to take one antenna away and that eliminates the ability for us to allow other carriers to use the same facility. We had a plug and play arrangement and we expected companies like T -Mobile and Metro PCS to plug in and participate in the design and facility but if we take that one away though we end up with a single catching antenna that's 2 feet tall by 16 inches in diameter. It's mounted up on top of a 6 foot extension. The 6 foot extension is required by the Palo Alto Power Company. We have to have that 6 feet of space between the power lines and the antenna itself. We didn't stop there. We then looked at the boxes again trying to figure out if we could combine the boxes in some way. Combining the boxes, the batteries and the radios creates heat and creates much larger size, much greater cooling. We looked at potentially putting them City of Palo Alto December 8, 2011 Page 13 of 85 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 underground or on the ground. Again, the venting requirements for placing it on the ground, the above ground venting or disguising those or making them safe or an above ground application requires a cement pad 6 feet away from the pole and the narrow planting strips in Palo Alto just did not make sense from an esthetic perspective, from a safety perspective and from an operational perspective. The sizes were great enough that AT&T really believes that this is the ideal radio design to fit on a pole with the least impacts. We did have one breakthrough on the radio redesign however we looked at and that is the manufacturer was able to dampen the fans on the radio so the radio itself, the prism box, the sound was reduced by 10 dB at 5 feet and we were able to reduce the sound noise from the battery box by 4 dB at 5 feet so at 30 feet the prism box, or excuse me 25 feet the prism box is actually less than 30 dB and I'm sure you know your ambient in Palo Alto in residential zones is 40. We included in our report an acoustical analysis by Hammett and Edison that confirms that the facility complies with the Palo Alto acoustic requirements and Bill is here to talk about his report as you may require. We didn't stop there. We said, well if we can't combine them, what else can we do? At this point AT&T prefers to maintain battery boxes on its poles in order for the facility to work in times of crisis. We find the system is heavily overloaded at the time after an earthquake or when the power goes out so we put the battery boxes on obviously to keep it running, so that in times of crisis people can use their phones. City of Palo Alto December 8, 2011 Page 14 of 85 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Where the city asks us to do so for esthetic reasons, AT&T is willing to remove the battery box and I think, maybe that's the slide without the battery box, but in that way we drastically reduce the appearance of the entire facility. I will conclude with the final design which is a drawing you have in your packet. It shows the final and minimalist design which we came up with which is the 2 foot antenna, 16 inches in diameter, we extended out the pole, we've got a fiber to RF device that is 13 by 13 and about 3 inches deep and then the prism box which is about 4 feet 4 inches by 12 inches wide by 10 inches deep and I have to tell you after 2 years City of San Francisco passed a law regarding right of way facilities, Tier 1 facility, the overcoming facility, the facility is designed to be 12 inches wide and 10 inches deep and that's essentially where we are with this design. Finally, there's a switch on the bottom, about a 9 inch by 9 inch switch to turn the thing off when the lineman goes up the pole. I myself am impressed that AT&T actually took this design and came back with a design that answered a lot of the things that you asked us about and we hope you can recommend this. The Staff has this proposal going forward. We'd be curious to get your ideas about color. We have a color board. The two colors that have been in consideration are beige and green but frankly we would work with the department for any color that is desired. We would be curious to hear your comments about the battery boxes and the two antenna situation but we feel we've come back with a much stronger design that we hope you realize there were many, many hours that went into bringing this forward following your comments in August and we heard you and we are City of Palo Alto December 8, 2011 Page 15 of 85 1 ready to answer your questions. We have a team of experts and we're ready to answer your 2 questions. 3 4 Chair Young: Thank you for your presentation. Before we move to Board Member comments, 5 this is a time to hear from members of the community. We currently have 29 speaker cards. 6 Although comment on items is possible to limit to 15 minutes total, we've determined to allow 2 7 minutes per speaker so we'll begin calling the name of the first speaker and letting the second 8 speaker know that they're up next. The first speaker this morning is Barbara James followed by 9 Nancy Peters and again each of you will have 2 minutes. 10 11 Ms. Barbara James: Hi. I'm Barb James and my concern right now is I live in an area where we 12 have many elderly people and a number of them are members of Avenidas Village and we've 13 been trying to get these people who are living in their homes to be more communicative. We've 14 been trying to get them onto cell phones so when they take their walks around the block or even 15 in their backyards or whatever that if they fall they can use their cell phones to get a hold of 16 either 911 or a neighbor and I have to tell people and I've had to tell people for the last 10 years 17 to use the plum tree in the backyard as the point where we have connection and its cold out there. 18 19 It's difficult when you have an elderly person who falls. They are not going to fall next to their 20 most connective place and they may not be able to get a call out or be able to receive a call so 21 that's my concern right now is we have a lot of elderly people in this city that need help. Thank 22 you. City of Palo Alto December 8, 2011 Page 16 of 85 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Chair Young: Thank you for your comments. Nancy Peters followed by Kent Mather. Ms. Nanc.. Peters: I'm Nancy Peters. I'm at 1720 Webster Street and one of the antennas are proposed for my front yard. I would like to ask is this where you are ending up, am I clarifying this? That design is going and that's coming, potentially? So good for you guys. You did a good job. I mean I've been here before and to the City Council saying this is outrageous and because first of all in the application I have a very large oak tree and what I understood is that AT&T was really saying it was an unaesthetic addition to the neighborhood, thank god for my tree and we're going to hide this ugly thing so its good to hear that its changed. The only other thing that I was going to say is that it felt to me very important that the ARB look at what was going on in Europe. They have been doing cell phones. I was in Sienna 20 years ago and the piazza was filled with everybody talking, talking and talking on cell phones. We never saw them here yet so the question is, what was their antennae resolution so if this is starting to happen, ok, but I still think more should be found out about how Europe is doing it. Thanks very much. Chair Young: Thank you for your comments. Kent Mather followed by Dick Maltzman. Mr. Kent Mather: Good morning. Thank you. I live on Emerson Street between College and Churchill. My reception within my home, my remote extension for my hard line phone is more reliable on my property within my small home that is 1,000 square feet on a typical city lot, I can City of Palo Alto December 8, 2011 Page 17 of 85 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 rely more by carrying around my portable extension for my hard line phone, that's much more reliable than my AT&T provided cell phone. I cannot rely on that at all in my area. I would agree with the previous speaker, being a member of the block preparedness coordination efforts that having people be able to communicate via and rely on their cell phones is very important and a need. I sent comments in earlier and they were not pro or con but I appreciate the efforts you have gone to to address the issues and I believe these poles are certainly suitable for installation in our neighborhood. They will not affect property values and the existing utility poles that sit there right now are so much more ugly with everything that is hanging off of them including light poles and, you name it, if all the city poles could be designed to look like these the city would be much better off. Thank you very much. Chair Young: Thank you for your comments. Dick Maltzman followed by Ben Linder. Mr. Dick Maltzman: Thank you very much. My name is Dick Maltzman otherwise known as Richard, but you can call me Dick. I've been through the report here. I live at 1880 Park Blvd. They want to put one of these poles directly in front of our tiny little cottage. The recommendation of your Board originally was that they should put these into evergreen trees. The trees on either side and right through where this pole is are sycamores. They are deciduous and right now there isn't a leaf on them. This is a picture of the prospective pole in front of our house. You will note that these sycamore trees are taller than the pole. You will also note that this is the driveway to our house, right here. This is the driveway to our house. In their own City of Palo Alto December 8, 2011 Page 18 of 85 1 recommendations which are attached in your proposal here, they took a look at 1880 Park Blvd. 2 and then they compared it to alternate sites and 1874 Park Blvd. was an alternate site. This is 3 immediately our next door neighbor. They concluded that it wouldn't work because the trees are 4 taller than the pole, so is this of course, and that it was right next to a driveway. Our trees are 5 taller than the pole and it is right next door to the driveway. These trees are not evergreen, they 6 are deciduous. 7 8 I also want to comment on the sound issue. The Board asked them to come back with a report, 9 an engineering study on what the sound level would be. By the way, this pole is exactly 21 feet 10 from our front door and 17 feet from the house itself. It's a tiny little cottage and the engineer's 11 report is an engineer's report based upon the information provided to us by AT&T and provided 12 to us by the manufacturer of the boxes. I'm done thank you. 13 14 Chair Young: I'm sorry. 15 16 Mr. Maltzman: I've been electrocuted by the sound device. The point is that that engineering 17 report is totally worthless. I'm a lawyer and if somebody came into a courtroom and tried to 18 present an engineering report based on one party's statement of what the sound level is going to 19 be, that's ridiculous. Why don't they actually put one up so that an engineer can go out and 20 listen to it, test it with devices to test the sound so we will know what the sound level will be. 21 Thank you very much for your time. 22 City of Palo Alto December 8, 2011 Page 19 of 85 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Chair Young: Ben Linder followed by John Williams. Mr. Ben Linder: Hi my name is Ben Linder. I live at 1650 Waverley Street. I have multiple concerns with this proposal, really the major one being that we seem to be considering a very tactical approach to what is actually a very strategic and long term problem. The provisioning of wireless, voice and data services to homes within Palo Alto has many serious problems. I've tried Sprint at my house, I've tried Verizon at my house, I've tried AT&T at my house and Metro PCS and T -Mobile at my house and none of them work very well. I happen to be a Verizon customer so this system doesn't help me at all and what I'm wondering is, are we talking about 20 poles or are we talking about 80 poles. Maybe the question is directed at AT&T. Does the project stop at 20? 4 individual projects so we'll end up with 80 AT&T poles. Most likely Verizon and Sprint use a different wireless technology and they will want their own poles and I am worried that we are going to end up with 5 carrier each wanting 80 poles in order to cover the City of Palo Alto so in conclusion, what I am asking for is for the city to approach the problem of wireless communications with a study, with a master plan, with a grand plan that solves the entire problem in a way that won't have green poles and purple poles and yellow poles that all look different on 400 electrical poles around the city. I don't believe this is the right way to approach it. Thank you. Chair Young: Thank you for your comments. John Williams followed by Kristen McMichael. City of Palo Alto December 8, 2011 Page 20 of 85 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Mr. John Williams: Hi. My name is John Williams. I live at 1715 Waverley. I think my concern along the lines of what Mr. Linder just said is that, first of all, this particular project you're talking about visual blight with a discriminatory effect. Really not all residents of Palo Alto will enjoy the benefits of this project whereas all residents will be subject to the visual blight of this project. I appreciate what AT&T has done with respect to design but still the telephone poles are ugly enough as it is and they will be made uglier if this project is approved. I, for one, don't really want to live in a neighborhood that appears to be guarded by 20, 80, however many alien sentries on top of the telephone poles and I think the Board needs to consider the precedential value of what you are doing here. As Mr. Linder explained you start with 20 and move to 80 and then each carrier says wait a second, I don't want to be precluded from offering an equivalent level of service so I want my own antenna on top of each pole and so the problem is also with the revised design presumably this only allows AT&T to provide service without other carriers. So pretty soon every telephone pole and who knows what other tall installation is going to have an equivalent antenna which I think you know this is not the type of place that any of us want to live. Thank you. Chair Young: Thank you for your comments. Kristen McMichael followed by Kevin Lortie. Ms. Kristen McMichael: Hi my name is Kristen McMichael. I also live at 1715 Waverley. That would be my husband. The proposed antenna, one of them has been moved. It was two doors down from us and now AT&T has moved it directly across the street from our house. The City of Palo Alto December 8, 2011 Page 21 of 85 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 previous location was right in front of the house of a vociferous opponent of this so that might be why it was moved in front of our house. My concern about this project is not only because I am going to have to stare at this all day. Its right in front of my home office, I work from my home. It feels as if AT&T is driving this process and the City of Palo Alto is not managing it. I agree with Ben, my husband. This is a first phase. Its 20 antennas. It's going into residential neighborhoods. Why residential neighborhoods? We're at 20, we go to 80 and then every other carrier is going to want in the door. I get no benefit from this. I don't have AT&T. I get great service with Verizon at my house. I don't need it so I really think the city needs to take this and create a master plan and not let the companies drive this and not let AT&T and not let Verizon or any other carrier come in here and drive it. I would like to see the city come up with a plan. Thank you. Chair Young: Kristen, thank you for your comments. Kevin Lortie followed by Marie Brohmer. Mr. Kevin Lortie: My name is Kevin Lortie. I live in Crescent Park and have done so for 30 years and work out of Stanford and have done so for 30 years. I feel that Palo Alto on one hand wants to be part of the cutting edge of technology and certainly wants that reputation globally and I am not sure I understand why Palo Alto would be so resistant to, I mean, cell phones and wireless communication is certainly not only the wave of the future but the wave of the present and there are major problems in this city and there is a company here that is trying to solve those problems and I think they've really gone for vested interest or whatever above and beyond the City of Palo Alto December 8, 2011 Page 22 of 85 1 call of duty to try and come up with solutions and I think those solutions should be listened to 2 and not just ignored. It's my personal opinion. Thanks for hearing me. 3 4 Chair Young: Thank you for your comments. Marie Brohmer followed by Raj Mashruwala. I 5 apologize. 7 Ms. Marie Brohmer: Hi. I'd like the antenna proposed to be put on the pole in the 1700 block of 8 Waverley with a resident address on Lowell to be put somewhere other than my block of 1700. 9 The city could do a favor for us because a resident and I were exposed to dry cut stone dust when 10 the new home next to mine was built. We work at home during the day and the dry cut stone 11 dust was the same as a cloud of fog surrounding my home for over one week during working 12 hours. The city's law states that the stones were to be cut wet. The code enforcement officer 13 chose not to enforce the law though I left several voicemails and talked to her on the phone. The 14 results were the resident and I inhaled stone dust during a heat wave with a spare the air day 15 while we worked at home. 16 17 Chair Young: Thank you for your comments. Raj Mashruwala followed by Mary Fitch. 18 19 Mr. Raj Mashruwala: First thing, you are pronouncing my name correctly and I don't see that 20 often. So I live actually very near 1248 Waverley Street. I've been living there for over 20 years 21 and I've been living in Palo Alto for 30 years and I very strongly support the DAS installation. 22 Let me give you some very practical reasons in terms of why I support it. First, today, let me City of Palo Alto December 8, 2011 Page 23 of 85 1 explain the way I use my telephone in my home. I use it as a pager because the connection is so 2 poor that when somebody calls me the only thing I get on my phone is the caller ID from the 3 other person so when somebody calls me I get the caller ID and then run over to my land line and 4 call them back. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 I remember in 1992 I think is when I got those pagers in the beginning so I'm using a $300 phone and paying $60 a month to basically use my phone as a pager. The number of people who mentioned issues of seniors, potential health hazards, etc., let me give you another view of health hazards. I have 2 90 year old seniors living with me. Their connection is so poor that when they are outside we always worry that if they have any kind of emergency they won't be able to even call us, forget about 911. A third interesting sort of a story, last month I was tracking in a country called Patan, its a little country in Himalayas. The average height is about 8,000 feet. It is a population of about 900,000 people in an area about the state of New York. When I was tracking I was 30 miles away from the closest and I'll finish it in a second, from the closest town. The only thing that was there were about 10 llamas and about 8 monks and I had to call back to home for an important topic. I had no problem calling from Patan but my wife couldn't take that phone and the only thing I want to mention is let's forget about comparing Palo Alto with other first world cities. Let compare ourselves with 3rd world cities and let's at least make sure that we have something comparable to Lima, Peru or Patan or Tibet. So let's at least make sure that we are somewhat comparable to lower level countries that we generally send our financial aid to. City of Palo Alto December 8, 2011 Page 24 of 85 1 2 Chair Young: Thank you for your comments. Mary Fitch followed by Eric Verwillow. 3 4 Ms. Mary Fitch: Thank you. I live at 178 Park Avenue which is a little spur off of Park Blvd. I 5 am an MSer and I have a lot of concerns about the current state of wireless communication 6 because I am trying to stay as active as possible and I think that enhancing the wireless 7 communication is very important. I am willing to put up with a few minor inconveniences of 8 whatever visual or whatever to assure that I am safe, not only in my home, but that I can walk 9 around the block once in a while and things like that without having to worry about whether or 10 not my phone will work. Thank you very much. 11 12 Chair Young: Eric Verwillow followed by Tench Coxe. 13 14 Mr. Eric Verwillow: Hi. I live at 535 Kingsley. I fully support the rights of cities to have 15 zoning laws, to sort of control things like what things look like and the use of land. I like that 16 Palo Alto cares about trees and what houses look like and that sort of thing. My own personal 17 experience with the Architectural Review Board and 10 years ago we bought a single family 18 home and at that time I heard stories that made me a little afraid. The last thing you want is to 19 design something you like and have somebody else say it's no good but fortunately we sailed 20 through the process with the Architectural Review Board. I guess what I don't like would be, 21 you know, when you ask somebody what's an acceptable thing to build and then for the answer 22 to be go ahead and design it and show me and I'll know it if I see it if its acceptable. City of Palo Alto December 8, 2011 Page 25 of 85 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 What is necessary is a clear cut set of rules that say if you stick to these guidelines then what you build is acceptable and we tried to follow the rules and I was flattered to hear that a few years after we finished our project a picture of our house is actually featured on one of your bulletins, the individual residence guidelines packet. Anyway, so I support the AT&T project. I fully support the ARB's right to set guidelines for what the appearance of what these things should look like and I trust you guys to do a good job, set some good rules about what the noise should be, how tall it should be and that sort of thing but as long as they stay in the guidelines you set I think its great to go ahead. We certainly need this type of project. Wireless communication is only going to be more common. Small cell sites like this is definitely the way to go over monster antennas. Chair Young: Thank you for your comments. Tench Coxe followed by Stacey Bishop. Mr. Tenche Coxe: Hi. I've lived in Palo Alto for 25 years and been in the venture capital business for 25 years following telecommunications and largely my frustration with this process has been that 9 neighbors notified and then 20 notified. It turns out it really is 80. I do think that's a much better design but the issue is I think we need to have a master plan. When I lived in Southgate and we undergrounded the power it had a wonderful benefit for the neighborhood and I think in the long run we still have a goal of undergrounding power poles and my concern is the city's master plan because there are alternatives and macro cell, we really have to figure out if we want to trade off a macro tower in a certain place versus 80, this is a heck of a lot better City of Palo Alto December 8, 2011 Page 26 of 85 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 than this. This is the real life deal. I think everybody could agree that 80 of those floating around in Palo Alto is not a great idea when there are alternatives like Wi-Fi coming up pretty fast and when LTE technology, macro cell has gotten better and a lot more unobtrusive. So the issue to me isn't at all, and it really does annoy me, that we've been pitted against each other in some weird civil war and I don't think anybody here is against better coverage. What we're talking about is having the city having a plan that is a fair plan that tells carriers what's going to happen because otherwise it's going to be a free for all and it's going to make our city uglier and that's just not our goal. Chair Young: Thank you for your comments. Stacey Bishop followed by Vanessa Davies. Ms. Stacey Bishop: Hi my name is Stacey Bishop and I've been a resident at 230 Leland Avenue for the past 6 years. I have serious concerns about the chosen locations for the AT&T DAS antennas and the selection criteria to choose certain utility poles over others. Let's use my neighborhood and Evergreen Park as an example that unfortunately did not get the power buried so we are stuck with this issue. AT&T has selected the utility pole directly in front of the house at 1880 Park Blvd. for the DAS antenna placement. This particular pole is less than 20 feet from 2 homes, one of which is my second story house which is 17 feet from this pole. I find this selection curious as there is a utility pole across the street from 1960 Park Blvd. that seems to be a much better candidate. This utility pole is no closer than 100 feet to the nearest house and adjacent to an open field and was not analyzed by AT&T. City of Palo Alto December 8, 2011 Page 27 of 85 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Again, with respect to the 1880 Park pole I would also like to note that in AT&T's DAS application, AT&T states that the proposed antenna is by well screened tree. As you heard from my neighbor earlier today, that's not correct. It's actually from a sycamore tree which loses its leaves for half the year. Currently, there are no leaves covering that tree. Just to show you the difference. That hole is completely exposed to everyone that drives by it. I would also like to note that 5 years ago we spent several hundred thousand dollars to add a second story to our home. In the design plans we went out of our way to place our second story windows to get a view of the park across the street and we also spent several thousand dollars to bury the power lines coming from that pole directly to our house to not obstruct our views. With these proposed antennas, AT&T is negating our efforts. We now face the very real prospect of our second story windows and our dining room window views being obstructed by these hideous antenna boxes. I would ask you for your help in preventing these antennas to be placed so close to people's homes. Especially in my family's case there are alternatives nearby. I request that you consider locations farther away or some alternative plan. And to add to that I have a few back up papers I'd like to give to you. Thank you. Chair Young: Thank you for your comments. Vanessa Davies followed by James Henning. Ms. Vanessa Davies: My name is Vanessa Davies and I am at 240 Leland Avenue and I would just like to say if my neighbor wanted to remodel his or her house and put an ugly and noise making perching monstrosity in their front yard I would actually have a say in their ability to do City of Palo Alto December 8, 2011 Page 28 of 85 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 so and would have a say in what it appears like and it appears in this case that I have very little say and it also appears that this commission is valuing corporate interest over residential interest. I fail to understand why this city has no guidelines for placement of antennas. It appears to be quite a free for all. I would expect that any large machine with noise associated should have to be X feet away from someone's house and 17 feet is far too close to someone's home. I also keep hearing that the trees are supposed to be evergreen and as you can see from what Stacey just provided the one at 1880 Park Blvd. is absolutely not evergreen. It makes me wonder who is verifying and validating these locations and they actually meet the criteria that's been requested. I've heard the AT&T also states that this is the best option out there and that's really hard for me to believe that there are no better options than what the carriers are doing. I believe these noise making ugly antennas do not belong perched above residential homes and that Palo Alto in the big picture should have a residential master plan. Thank you. Chair Young: Thank you for your comments. James Henning followed by Dorrit Kingsbury. Mr. James Henning: Hi my name is Jim Henning. I live at 1320 Webster Street. I totally resonate with what Mr. Linder and then our relative neighbors had to say about this but I think the main point for me is that there needs to be a much more holistic solution to the problem of connectivity and I agree with the gentleman, the venture capitalist, had to say. If you outsource this problem to any of a number of departments at Stanford in 30 days you'd have 20 solutions that might be credible so I urge you to take a look at a much more holistic way of dealing with City of Palo Alto December 8, 2011 Page 29 of 85 1 the problem instead of piece meal. Not to mention the auditory, visual and potential financial 2 impact of these towers. This does look better than that but there is still the impact that maybe 3 underground utilities would solve. Thanks. 4 5 Chair Young: Thank you for your comments. Dorrit Kingsbury followed by John Morris. 7 Ms. Dorrit Kingsbury: Hi. Dorrit Kingsbury. I live at 1320 Webster Street, wife to James 8 Henning. I want to resonate with the recent comments asking you to be more strategic, to look 9 beyond the feeling of an immediate need to come up with an answer and do it in a way that feels 10 much more responsible to the residents. Yes to the esthetics, yes to the issues that everybody 11 else is raising and not giving up on the desire for all of us to have great communication transfer. 12 Of course we want that and we don't want elderly people having issues with being able to 13 communicate but to just step into this and to create these kind of what for me is still an eyesore. 14 I live directly across the street from where one of the towers would be and it is a deciduous tree 15 and it still is quite an eyesore from my standpoint and I know we're not supposed to bring it up 16 but I don't even think its an elephant in the room, it's the ostrich in the room, the health issues 17 that are with us that we can't even look at is unbelievable to me. Unbelievable so anyway, I 18 hope you will take a step back, not race to the solution, and please don't put these very raw 19 towers just right outside our doors. Literally, this picture was taken from my driveway. Thank 20 you. 21 22 Chair Young: Thank you for your comments. John Morris followed by Joe Rolfe. City of Palo Alto December 8, 2011 Page 30 of 85 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Mr. John Morris: Good morning. How are you? Thanks a lot. I have concerns. I am a little unorganized this morning because of the way things have appeared for us. There have been changes which I appreciate in some ways but I still find unacceptable in others. AT&T has never been straightforward with their information regarding the noise and I think that is a topic that really deserves your attention and everyone's interest. Please do not recommend this project until an honest noise demo has been provided for everyone. Has AT&T provided a seismic safety demo? These transmitters are located above power lines. I don't appreciate AT&T's divide and conquer strategy which has been used in the case of this proposal. If there had been fair use process, all residents within 600 feet of all 80 locations would have been notified. The secrecy is unacceptable. Considering AT&T's incomplete presentation today, I would ask that you do not provide Staff with a recommendation today. Rather than that, I would suggest that AT&T be given the opportunity to offer the presentation on our internet website. It would give you and residents to more effectively digest the true nature of the latest changes. We don't need to be deciding here on a dime considering the above nature of the presentation today. I think that to be fair we could expect to be given ample time, perhaps a couple of weeks to develop our new opinions once this online presentation is made available by AT&T and they can notify residents with mailers similar to the ones they sent out this week. City of Palo Alto December 8, 2011 Page 31 of 85 1 I would just say that along with my thanks, if you insist, the right design will prevail if the right 2 design is provided. In this case, it just takes time. You're not saying no, just not this and not 3 now. So, thanks in advance for doing the right thing for Palo Alto's residents and thank you for 4 your patience. 5 6 Chair Young: Thank you for your comments. Joe Rolfe followed by Lisa Carr. 7 8 Mr. Joe Rolfe: I'm Joe Rolfe. I live at 1360 Emerson Street which is diagonally across the street 9 from 1401 Emerson, one of the sites selected for one of these antenna boxes. So I've been 10 following this and the first complaint I heard was radiation and I guess that's been disposed of. 11 It's not a risk. And the second argument I heard consistently is that it will lower the price of my 12 house. Actually, if I could make a cell phone call reliably from my house it would probably raise 13 the value because right now the cell phone service in my house is erratic. Yes, my carrier is 14 AT&T and the final one is that it's ugly. Beauty and esthetics depends upon who is looking at it 15 and I don't see it as very ugly. Actually, if you look at the telephone and cable system cables 16 below I could make a very constructive argument that they are far uglier. Somebody else 17 mentioned that they could make a car from Patan. We were in China earlier in the year and I 18 made a phone call from the Great Wall. 19 20 Palo Alto is where Silicon Valley began a hundred years ago and we like to tell ourselves that we 21 are on the cutting edge of what's happening. I don't know and we need a solution and I feel that 22 we need a solution quickly because we have a problem right now and finally I find myself in a City of Palo Alto December 8, 2011 Page 32 of 85 1 very surprising position because I'm 77 and I've had an adversarial relationship with AT&T for 2 about 60 years. 3 4 Chair Young: Thank you for your comments. Lisa Carr followed by P. French. 5 6 Ms. Lisa Carr: Hi. I'm Lisa Carr. I live at 1420 Emerson which is across the street from 1401 7 Emerson with the pole. I would like to say that I think this is an improvement of the design. I 8 appreciate AT&T's effort. I also appreciate AT&T's formidable marketing effort to selected 9 Palo Alto residents for approval. I think we are all here really representing our own interest. I 10 don't want that pole across the street from my house. I think a pole like that has no place in a 11 residential neighborhood and I realize the scope of your review is quite limited and I would like 12 to add to some other comments that you will be establishing a precedent in a very piece meal 13 application and it is disingenuous of AT&T to have presented this in 4 different projects because 14 they knew they would be able to minimize the response of Palo Alto residents to those who are 15 directly affected. So I would like to endorse the proposal that we look at this in a much more 16 strategic way and I just wanted to say that I am an AT&T customer. I work from home. I do not 17 have good service but I don't want that pole across the street. Thank you. 18 19 Chair Young: Thank you for your comments. P. French followed by Nick Parlante. 20 21 Mr. P. French: Hi I'm Perrin French. I live at 1240 Waverley. I have no problem with cell 22 phones. I love cell phones. I depend on them. However, I am here representing everyone on City of Palo Alto December 8, 2011 Page 33 of 85 1 our block. There isn't a single person on my side of the 1200 block of Waverley who wants this 2 thing. Professor Abadi on the left side of our house, my wife Rita French, the Chair of the IRB 3 at Palo Alto Medical Foundation, Architect Chris Arnold next door, we've all sent letters to the 4 City expressing our objections. Raj notwithstanding, I've lived here 40 years and I don't think 5 I've ever seen Raj in the neighborhood. I walk there all the time and I'm surprised we have 6 another neighbor who says he's right next to 1248 Waverley. 7 8 It's a historic district. The homes there are historic and we've all waited a long time for the 9 telephone poles to be undergrounded as all the rest of them in Palo Alto were, about 2 blocks 10 away. I guess that's not going to happen but I'd rather not have these things added to the 11 unaesthetic nature of these telephone poles in this neighborhood that Palo Alto is quite proud of, 12 its historic neighborhood. 13 14 The main point I want to make today however is just to suggest that AT&T perhaps, through the 15 feedback it may get from the recent spade of post cards they've sent out soliciting support, could 16 contact those individuals who are enthusiastic about these cell phones and arrange to have the 17 poles in front of their homes be the sites. I'm quite serious about this. It's not a joke. I mean it. 18 If we're a vocal minority and the majority of people according... Okay we have volunteers for 19 this. Great. Let's do it. As I say I represent everyone on our block and we're all opposed to it. 20 21 Chair Young: Thank you for your comments. Nick Parlante followed by Patrick Gunn. 22 City of Palo Alto December 8, 2011 Page 34 of 85 1 Mr. Nick Parlante: Good morning. My name is Nick Parlante. I live at 1090 Emerson and there 2 is a project on Lincoln that my poor 100 year old house, the window looks right at it. There's no 3 trees or anything like that. I appreciate that AT&T has done some process to make things better 4 but clearly you can see there are a lot of houses, particularly from the photos, that it is sort of 5 awful. 7 My sense is that this is a difficult decision because someone earlier had said if a homeowner 8 proposed oh I'm going to have this thing and it's going to be up in the sky then it would be 9 rejected. But, as I think most of the people in favor has said, cell phones are incredibly useful. 10 Everybody gets that. So we have these two things in mind. It's going to put a particularly unfair 11 cost on particular homeowners but on the other hand cells are so useful, what are we going to 12 do? 13 14 I had a similar idea to the previous speaker. I think a good compromise would be to set up a 15 system where AT&T gets sign off from owners near the cell towers. This is obviously much 16 worse where AT&T is concerned because the proposal I think just dumps the cost on the 17 homeowners so this is a great deal for them but in reality, I think if they got, clearly the market is 18 not functioned in finding some sites that are maybe awful and evidently there are a bunch of 19 locations where people are kind of happy with it and I would be, rather than having AT&T work 20 on these kind of Astroturf marketing campaigns with real effort, I would much rather they have 21 reps traveling around Palo Alto identifying locations where it is a good fit. 22 City of Palo Alto December 8, 2011 Page 35 of 85 1 I also think it's the case that some homeowners would say, never in a million years would I want 2 this but AT&T could say, hey, what if I give you a free iPhone? I suspect with some people the 3 objections would drift away. Myself, with my little house and my window, I really don't want it 4 and so in that marketplace I would reject it but I am confident that within the city there are other 5 places where it would fit. I think it scales better to future carriers if you had a system. Thank 6 you. 7 8 Chair Young: Thank you for your comments. Patrick Gunn followed by Mark Warren. 10 Mr. Patrick Gunn: Good morning ladies and gentleman. My name is Patrick Gunn. I represent 11 a group here in Palo Alto called Palo Alto Citizens for Responsible Wireless Communications. I 12 am also a Partner in the Cooley Firm in Palo Alto where our headquarters is and I've worked in 13 the area of technology law for a pretty long time. 14 15 I'm here to voice some concerns with respect to the plan that is before you today. Actually, I 16 ought to amend that a little bit because as many have noted the plan is a moving target. An 17 awful lot of us just learned about this new design just this morning. And as another speaker 18 noted, there hasn't been a fair amount of time for the people that are concerned to sit down and 19 evaluate thoughtfully and provide responses to the Board with respect to their many positions. 20 21 Having said all those things, I would submit that this process that we've been through really 22 presents a textbook example as to why this city needs a comprehensive plan to address wireless City of Palo Alto December 8, 2011 Page 36 of 85 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 communications. Its absence has led to this piece meal process where one actor in the commercial market tries to gain advantage by tactically rolling out in bits and pieces little efforts to install its DAS system. When AT&T was before you, back in August, Chair Young I believe at that time you challenged AT&T's counsel to think outside the box. There were real concerns from this Board about these systems. Well I ask, have they really thought outside of the box? What they've submitted to you is this minus one of the pole top canisters and minus a battery box. Let's ask the question. Is it better than what was submitted before? Sure. Is it good enough? I'd submit no and alternatively submit that you don't have the evidence here before you to make a finding that it's better and conforms to what the zoning ordinance says. As you heard, the omission of the canister at the top will preclude collocation by other carriers. What that means is, the other carriers that AT&T's counsel have mentioned will want to be before you to put up their own poles. What that means is that we'll have a thicket of these throughout Palo Alto unless we act appropriately in a concerted way. The relevant zoning statue or regulation before you, 1842-110 D and E requires that this sort of equipment be minimal and requires that it has the smallest footprint possible. I would submit that you can't make that finding given there is nothing before you indicating AT&T has adequately considered alternatives like Wi-Fi, like macro towers. That's not before you in the record and for that reason we would request that you deny until that evidence is submitted by AT&T. Chair Young: Thank you for your comments. Mark Warren followed by Gerald Lucha. City of Palo Alto December 8, 2011 Page 37 of 85 1 2 Mr. Mark Warren: Hi my name is Mark Warren and I live in Crescent Park. My concern mostly 3 is about shared access to the system so I would ask that the Architectural Review Board deny 4 AT&T's application until that aspect of the system can be restored. The esthetic changes they've 5 made, the representative stated that that would preclude multiple access to the system so if we're 6 going to allow them access to this community resource, I think it should benefit everyone and the 7 best way to do that is to ensure the customers have access to multiple providers, AT&T, Verizon, 8 Sprint, whoever you want to choose. The current system doesn't provide that so I'd further 9 advise the ARE to deny this application until the time strategic regulations can be put in place by 10 the City Council, by the Planning Department, so that we have guidelines and we know how this 11 project and the next three, so all 80 poles from AT&T, what are the guidelines they are going to 12 follow, the 80 from Verizon, the 80 from Sprint and so on so I ask that you defer approval until 13 strategic guidelines are in place to control these projects. Thank you. 14 15 Chair Young: Thank you for your comments. Gerald Lucha followed by Michael Fischer. 16 17 Mr. Gerald Lucha: Hi I'm Gerald Lucha. I live on Ross Road in Palo Alto. We've lived there 18 over 40 years. I work in Menlo Park again for over 40 years. I guess my comment, most of its 19 been said already but what hadn't been said is a comment about basic fairness. If you look at the 20 broad scheme of things, the City of Palo Alto small minorities have been objecting to the macro 21 towers. AT&T responds to an approach that looks a lot better, has a lot smaller impact, and now 22 we hear oh, why haven't they considered macro towers. I'm sorry folks but that's been done. City of Palo Alto December 8, 2011 Page 38 of 85 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 You go outside, you look up at the sky and everywhere you see ugliness. You see power transformers, a plethora of lines going everywhere, you see capacitor banks up on power poles and nobody says anything because this is a necessary infrastructure to have lights in our room and think about it. If this was a hundred years ago and a company called AT&T wanted to come in and electrify the City of Palo Alto, if a lot of the same attitudes that we've heard today from the naysayers applied back then, we'd be sitting here with candles and kerosene lamps. We never would have the infrastructure to provide the electricity that everybody takes for granted so this is necessary infrastructure to be able to use our cell phones and its not putting a pole in front of somebody's house. The pole is already there. They are wanting to put an antenna on the top and they are wanting to put a box partway up the pole. That's all that's being proposed. Minimal infrastructure. Chair Young: Thank you for your comments. Michael Fischer followed by Mark Rossner. Mr. Michael Fischer: I'm Mike Fischer. I live at 763 Charleston. I'll be brief My cell phone has flawless coverage all over Palo Alto. It's not AT&T. That's achieved without ugly antennas and as undergrounding of the utilities proceeds, these poles are going away. What then? Belmont got it right. Let's have a moratorium on ugliness. Thank you. Chair Young: Thank you for your comments. Mark Rossner followed by Robert Moss. It appears Mr. Rossner is not in the room. Robert Moss followed by Alexandra Mayer. City of Palo Alto December 8, 2011 Page 39 of 85 1 Mr. Robert Moss: Thank you. First of all, I want to oppose the Staff findings for approval. 2 Every one of them is technically incorrect and cannot be supported so I would strongly object to 3 adopting the findings for approval. Let me make a few comments about the people complaining 4 about inadequate phone service and data service. I give you four current approaches which will 5 solve the problem for everybody. Number one. Dump AT&T and switch to Verizon. I have no 6 problem getting phone service from Verizon anywhere in Palo Alto. Number two. Fiber to the 7 home. Number three. Direct satellite transmission. Number four. Instead of using 20th Century 8 technology as AT&T is proposing, go to Wi-Fi because Wi-Fi has fewer requirements for pole 9 and service and covers a much wider area and is much more technically advanced than what 10 AT&T is proposing. 11 12 One of the things that hasn't been mentioned but is very important is if these are put on towers, 13 on poles currently, and if we didn't have everybody else coming in and saying they want these 14 on poles and you can't put them on the same pole, that would eliminate the undergrounding of 15 our utilities in Palo Alto. Unlike a previous speaker that said you have to have poles and wires to 16 have electric service. Nonsense. You underground, like our street is undergrounded. The only 17 one in Barron Park. Everybody else is jealous of us but 7 or 8 years ago AT&T said they would 18 refuse to participate in undergrounding and that has almost killed the program. If these poles are 19 allowed, that will destroy any future undergrounding in Palo Alto and that will by the way make 20 our electrical system more prone to failures as a result of storms and other damage. So if AT&T 21 wants to put anything on poles, they must be required, formally in writing, to say that when an 22 underground district is proposed, they will support it and pay for it as a price for putting anything City of Palo Alto December 8, 2011 Page 40 of 85 1 up on our utility poles otherwise you are destroying the safety and reliability of our electric 2 system in the future by allowing this to go forward. 3 4 Chair Young: Thank you for your comments. Alexandra Mayer followed by Herb Borock. 5 6 Ms. Alexandra Maw: I'm quite obviously not Alexandra Mayer. She is much more statuesque 7 than I am but she had to leave for an appointment and I just wanted to make sure I stood as her 8 proxy to voice her opposition to the plan. I'll keep it short. 10 Chair Young: Thank you very much. Herb Borock followed by Ken Allen. 11 12 Mr. Herb Borock: Good morning Chair Young and Board Members. I believe that the Board 13 should recommend that the Director deny the application because it does not comply with the 14 California Environmental Quality Act. When the Applicants submit an application they are 15 required to abide by CEQA as well as Federal Law because in the Federal Law you can 16 condition projects based on esthetics and the CEQA is the thing to use because the courts have 17 ruled that it can be used for esthetics. To begin with, the Applicant failed to supply you with a 18 complete application. There are approximately 80 poles in the project, they have 20. So it is 19 their own fault that the project will be denied. 20 21 Secondly, CEQA requires a stable project definition. The original project was for a design that 22 could accommodate other companies and the current design is just for AT&T so you can't do City of Palo Alto December 8, 2011 Page 41 of 85 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 that as well. If you wanted to continue this to get more information and meet the deadline of January 9th which I don't think is an accurate deadline since it is essentially a different application now, you can continue it to January 5th. The project appeared yesterday morning before the Historic Resources Board and as other speakers have indicated this is essentially obsolete equipment compared to what other providers have and maybe that was the reason to place it in historic Professorville district because it is obsolete and historic equipment. In terms of Mr. Tench Coxe testimony, if you read his attorney's letter you will see he is recommending use of equipment from two companies on which Mr. Coxe sits on the Board of Directors and I don't know if he is going to be a friend as we go along but the next step eventually, if you don't deny, or the Director does not deny, is for someone to file an appeal for the project to go to City Council to preserve the rights to go to court and there is nothing wrong with multiple people paying the appeal fee and filing multiple appeals. Thank you. Chair Young: Thank you for your comments. Unless we have additional speaker cards, our final speaker is Ken Allen. Mr. Ken Allen: Well I guess I'm the clean up hitter. My name is Ken Allen. I live on Grove Avenue. I'm also the Adobe Meadow Neighborhood President. I'm also a lawyer and I specialize in telecommunications. In the course of this consideration I've taken a lot of static, pun intended. My views are fairly well known. They were published in the Mercury News this morning. I am a former AT&T cell phone user. An early adopter and I dropped because the City of Palo Alto December 8, 2011 Page 42 of 85 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 service degraded and that's one of the risks we have as there is an increased demand on cell service. I fully support the proposal for DAS but what we've heard today was totally predicted. We've held forums in our neighborhood, we've surveyed our neighbors. There has been very strong opposition to the appearance of a macro tower across the street at Little League Park and one of those opposed to it suggested that we have a DAS system and the observation was that as soon as we move toward a DAS system we are going to have even more opposition. As we see everyone does not want additional load on the utility poles in front of them so this is totally predictable. I think we need both the macro towers and the DAS systems. Comment was made that there was no master plan but it would make a lot of sense if you could have a master plan and that's something that could be worked on in the future. I view the DAS systems as semi -temporary because utility poles will eventually go away. That is the long term plan of the city. In the meantime, we need the services and we need to work on providing the services to the community and I for one would volunteer to have a DAS system on the pole in front of my house as would many of my neighbors so with a lot of misinformation going around I'd like to offer support for AT&T's efforts as well as Verizon and point out that those people who claim they have good Verizon service are not in my neighborhood. Thank you. Chair Young: Thank you for your comments and thank you again to all the members of the community to take time from their day to either come in person and express their opinions or City of Palo Alto December 8, 2011 Page 43 of 85 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 reach out to the Planning Department and us with their emails and telephone calls. At this time, we'll begin with Board Member comment and I believe Judith you are ready. Vice Chair Wasserman: Thank you very much. We haven't seen this many people out here in a long time. I should disclose that I had a long talk on the phone with some member of the AT&T office who wanted to make sure that I had received my packet and did I have any questions so there are some questions that I asked her to see that what I asked them today could be answered and I will get to those. So one of the things that I did after I expressed my fury about this piece of misleading information was I looked through the Comprehensive Plan. I think this caused more damage than not ever sending it out. I've never seen such incensed people about the kind of propaganda they were getting. So just as an exercise although I think the Staff Report is well done, I did take a look through the Comprehensive Plan to see if there was anything that was missed such as Policy number L79 which says design public infrastructure including utility structures to meet high quality urban design standards. Look for opportunities to use art and artists in the design of public infrastructure. Remove or mitigate elements of existing infrastructure that are unsightly or visually disruptive. Anyone here from utilities? You're here from utilities? Oh, good. Undertake a coordinated effort by Public Works, Utilities and Planning to establish design standards for public infrastructure and examine the effectiveness of city street sidewalk and street tree maintenance programs, may have some effect on the screening issue. City of Palo Alto December 8, 2011 Page 44 of 85 1 Program L80, continue the citywide undergrounding of utility wires. Program L81 encourage 2 the use of compact and well designed utility elements such as transformers, switching devices 3 and place these elements in locations that will minimize their visual intrusion. Policy B 13 which 4 we do have in our Staff Report goes on to say, the growing need for antennas to support the 5 telecommunications industry may result in the need to create a citywide plan for the citing of 6 such facilities. Well, I think its time we did it. 7 8 Before I go on, I'd like to ask what the status of the underground project is please. And I don't 9 have a vested interest in this. My subdivision was built with wires underground so I don't have a 10 pole and nobody is going to put anything on it so I'm not worried about that. What is the status 11 of undergrounding please? 12 13 Mr. Reich: Commissioner Wasserman, I do not have a background in that area to address it 14 however I could get the information. 15 16 Vice Chair Wasserman: Okay thank you. Curtis, do you know? 17 18 Mr. Curtis Williams, Planning Director: All I know is there is very little funding available and 19 it's obviously a big dollar project so it is coming very slowly. There are some plans but it is not 20 happening quickly. 21 City of Palo Alto December 8, 2011 Page 45 of 85 1 Vice Chair Wasserman: So it's not happening for a long time. I asked a question about this. 2 There was an equation included in the proposal in the Staff Report. Is Bill Hammett here? She 3 told me that you would be able to solve this equation for me. It's the power density equation on 4 page 20 and it's the inverse square laws that apply to telecommunications and since you included 5 it in the report, I thought I was entitled to find out what it actually means. So the distance is in 6 the denominator but there is a squared term RFF which is a Relative Field Factor in the 7 numerator and my first question was, what is the magnitude of that term? Is it a fraction? Is it 8 greater than one or a large number? 9 10 Mr. Hammett: By definition it is one or less. It is the comparison of the energy in any given 11 direction below the horizontal relative to the peak power at the horizontal. 12 13 Vice Chair Wasserman: I see, so it's a fraction and if you square it it gets smaller. I ask for a 14 specific solution to this equation at 7 meters away from the pole and I think it was 5 meters 15 above the ground. 16 17 Mr. Hammett: So that would be a second story elevation, five meters above ground, somebody 18 standing on the floor of a second story. 19 20 Vice Chair Wasserman: And roughly speaking at the setback line, it would actually be further 21 away but this is good enough. 22 City of Palo Alto December 8, 2011 Page 46 of 85 1 Mr. Hammett: The report that we provided dated March 23 for the early or initial evaluation of 9 2 sites as this was unfolding includes exactly those numbers. If you have that in your packet, if not 3 I would be happy to read you those numbers. The number is for node N5 is 0.0019 milliwatts 4 per square centimeter. 5 6 Vice Chair Wasserman: And how does that compare to the FCC guidelines? 7 8 Mr. Hammett: It is 0.39 percent so it's almost 300 times below the FCC standard. 01 10 Vice Chair Wasserman: Okay thank you. I like math. It has correct answers. Were you also 11 involved in the noise calculations? 12 13 Mr. Hammett: Yes I was. My firm did that evaluation as well. 14 15 Vice Chair Wasserman: Okay, I know you are comparing your sound levels to the 40 decibel 16 city standard but could you sort of tentatively or theoretically or abstractly compare them to a 17 nighttime ambient noise level? I don't know what 40 dB is. It's probably a daytime level but 18 what about at night? 19 20 Mr. Hammett: 40 dB may very well be a nighttime limit and I think that is what your municipal 21 code was intended to represent was a standard level that you could use for comparison purposes. 22 40 dBa is considered as a rural background so if this is a more urbanized area you would get a City of Palo Alto December 8, 2011 Page 47 of 85 1 typical 40 dB at night. We've taken measurements in rural areas where you get maybe 38 or 39 2 dB at night and here there is enough traffic on the freeway and enough other things going on in a 3 typical residential area that that is a true minimum. 4 5 Vice Chair Wasserman: So a well behaved library would be quieter but once you are outside 6 your newly calculated noise level... Now I appreciate the comments that these are the noise 7 levels the manufacturer has stated and probably after the fans run for a few weeks they'll get 8 noisier but if you take away the batter backup, do we still have a fan involved in this project? 10 Mr. Hammett: Yes. Each of the devices has a small fan in it to pull air over cooling fins and 11 maintain the equipment within its operating range. 12 13 Vice Chair Wasserman: Did you want to add? 14 15 Mr. Hammett: Just to clarify. There are two devices near the radio box and the battery box that 16 have fans. The antennas don't have fans and nothing else has fans other than the radio box. 17 18 Vice Chair Wasserman: But that's the fan at 15 feet off the ground. If we had a fan in the 19 antenna it wouldn't be nearly the problem we're dealing with. 20 21 Mr. Hammett: That's correct. The antennas do not have fans. They are passive devices. The 22 batteries provide a constant level of power to the radio equipment. The radio equipment City of Palo Alto December 8, 2011 Page 48 of 85 1 provides a signal that goes up the wire to the antennas. Each of those, the battery and the radio 2 box, each of those has a small fan. 3 4 Vice Chair Wasserman: We did ask that AT&T bring us a fan. Have you done that? Did you 5 bring us a fan? 7 Mr. Albritton: I'm a fan. There is a mock up out in the corporation yard and it has an operating 8 system. I have to say that the one out in the corporations yard is the one that is 10 dBs higher 9 than the one that has now been developed as a damper to make it quieter. We don't actually 10 have that unit here yet but we will and as I mentioned at 25 feet it is 30 dB. It is very quiet. 11 12 Vice Chair Wasserman: That is library quiet. How often do you repair those fans? I know those 13 fans go bad rather quickly. 14 15 Mr. Albritton: I've taken measurements as an example in San Francisco where there are similar 16 facilities located on poles in a number of areas and I've been back to those that have been in 17 operation for several years. They are still just as quiet and that is I have to get within inches of 18 them in order to tell whether the fans are on or not. 19 20 Vice Chair Wasserman: That's encouraging. This didn't just come up this morning. I had it in 21 my notes from yesterday. Have you considered locating these things on poles in front of people 22 who would be willing to have them? City of Palo Alto December 8, 2011 Page 49 of 85 1 2 Mr. Albritton: My best response to that is bastardization of Robert Frost and that is that there is 3 no telephone pole as beautiful as a tree. I think people, these pieces of public infrastructure are 4 there to be used for telephone equipment or telephone poles and so people have that 5 infrastructure that they live with. I have to say there was an effort to put a mock up somewhere 6 in Palo Alto and we had asked the City to help us find a location and we were not successful in 7 finding somebody who wanted to have one of these mounted in front of their house and this 8 should be no surprise to anyone. If you went around today and asked any of these homeowners 9 if they wanted to have a telephone pole in front of their house or a tree I think they'd pick the 10 tree so I have to say it is something we did look at but wasn't something I believe is practical. I 11 hope that answers your question. Certainly we would review any request of anyone who thinks 12 that they do want and would say put it on my pole and of course their neighbors around them 13 would want to chime in as well but we would certainly evaluate that. 14 15 Vice Chair Wasserman: The Stealth proposal that is the one up on the board, oh this is not? 16 17 Mr. Albritton: I want to make it clear to whoever owns that house that this is not one of the 18 chosen locations. This is one of the previous locations that we moved away from because it is 19 exposed and there is no tree coverage but if we showed you an example in tree coverage you 20 wouldn't see the boxes so this is not an actual location. This is a hypothetical location. This is 21 our minimalist design. There is a company called Stealth Inc. 22 City of Palo Alto December 8, 2011 Page 50 of 85 1 Vice Chair Wasserman: I misunderstood the proper noun here versus the common noun here. 2 This is a Stealth fee location or version anyway. I am confused about the collocation issue. How 3 big is that little thing at the top compared to those guys? 4 5 Mr. Albritton: By the thing I think you're talking about the antenna array which is 2 feet by 16 6 inches in diameter which again we went through the design for years in San Francisco and it's 7 the minimal design. So the two, I'm not sure if it's to scale or not but it would be side by side 8 but they are two feet by 16 inches. 10 Vice Chair Wasserman: How big are those? 11 12 Mr. Albritton: Those aren't ours. I don't know who brought those in. 13 14 Vice Chair Wasserman: How big are the antennas we are proposing? 15 16 Mr. Albritton: Those were two. Just two of them and we're proposing one. In terms of 17 collocation, just to answer your question, the fact that we aren't putting the second set of 18 antennas up there doesn't mean that someone couldn't collocate on that pole. The radio box 19 would still accept a slot for another carrier but they would have to put an antenna up and they 20 would have to come to you and they would have to come in with an antenna design and we don't 21 know what that design might be. Five years from now there may be something that would 22 accommodate another carrier or they'd ask you to put a second one up or ask you to put it down City of Palo Alto December 8, 2011 Page 51 of 85 1 lower on the pole or a whip antenna for some different usage, we don't really know. It depends 2 on the technology or service they would be providing. 3 4 Vice Chair Wasserman: The prism radio box, how many other systems can be collocated in that 5 box? 6 7 Mr. Albritton: There are 8 slots in the box and as I understand we are using 3, 4. So that leaves 8 4 slots available. Each slot uses a different frequency and we are broadcasting on, there are 9 actually 3 antennas inside of that different radium cover and then we broadcast in different 10 frequency, 700, 850, 1900. 11 12 Vice Chair Wasserman: So this does not preclude collocation? 13 14 Mr. Albritton: Not at all. It just means that we are not planning for it ahead of time. We aren't 15 building for it ahead of time. That is the best way to put it with the antennas. Somewhat with 16 the radio. 17 18 Vice Chair Wasserman: I'm just going down my list here. The issue of corner poles. There are 19 still corner poles left in your list. You didn't move all of them. Was there some reason why you 20 left? 21 City of Palo Alto December 8, 2011 Page 52 of 85 1 Mr. Albritton: In those circumstances we had proposed alternatives in the 98 site list that we 2 went through and we went through those with Staff and confirmed that the corner location was 3 the preferred location within that range, in some cases proposing a city tree be planted next to it. 4 I'm told we have two both set back 25 feet. 5 6 Vice Chair Wasserman: I tried to do the Google Map thing and find your pole at the address 7 given and see what's around it and that kind of stuff and it looked to me like there were some 8 poles that were on street corners. So this brings me to the tree question. We don't have our tree 9 person here. My goodness, all these array of people. We didn't bring Dave Doctor. Does 10 anybody know if there are evergreen street trees in the list? Do you know? Cordy? I'm sorry to 11 blindside you but we need you on the microphone. Nice to see you again. 12 13 Ms. Cordelia Hill (Cordy): In some of the neighborhoods, I went and looked at all the pole 14 locations. There are oaks that are adjacent that would be evergreen. Most of the neighborhood 15 street trees are not evergreen. They are, as mentioned, sycamores and in some cases maples and 16 there are some evergreen elms so there are some locations but not broadly throughout the area. 17 18 Vice Chair Wasserman: Are you familiar with the city's approved list of street trees? Do you 19 know what's on that list? 20 21 Ms. Hill: Yes, and there are some evergreen species on there but in this case the street trees are 22 already mature so you would not want to be taking them down. City of Palo Alto December 8, 2011 Page 53 of 85 1 2 Vice Chair Wasserman: No but I was talking about the places where new trees would be 3 planted, could we require that those be evergreen trees so that when they get to be big enough 4 and its going to be a while, at least they'll be green all year round. 5 6 Cortney: Yes, you can. 7 8 Vice Chair Wasserman: So there are enough species on that list that would meet that 9 requirement? 10 11 Cortney: There are a few. There are not a lot but there are a few. 12 13 Vice Chair Wasserman: With any luck we won't need a lot. Thank you very much. Okay, I 14 thought that the Staff conditions were the correct conditions for this project. It's too bad that we 15 can't condition the City with conditions but we need a master plan. I need to know what all 16 these other carriers are doing that give them such great signals. I have AT&T. We had to get a 17 repeater for our house because we had no service at all. You see contractors walking up and 18 down the street with cell phones because there is no indoor service. We don't have any poles, 19 we can't get any poles, we don't want any poles but other people are getting coverage and this 20 whole thing, its true that technology moves really fast but we need to get up on our roller skates 21 and catch up. I'm going to vote in favor of this project but this is not the end of it. We need to 22 have a plan. The Comp Plan says. Take out my Comp Plan and read it like the Bible. The City of Palo Alto December 8, 2011 Page 54 of 85 1 Comp Plan says we are supposed to have a citywide plan for the citing of such facilities and it's 2 about time we had one. 3 4 Mr. Williams: Chair, is it okay that I interject here? I apologize I have to take off but I did want 5 to respond to a little bit of concerns that I certainly realize. They were very good comments. So 6 yes we have Comp Plan policies and we do and people say we haven't planned for this for 7 wireless but we do have zoning ordinance policies and they've been quoted to you and we do 8 look for stealth locations and encourage collocation and do various other things through those 9 policies. But we are here under regulation from the Federal Government that does not allow us 10 to necessarily achieve all of the goals we would otherwise be looking for in our Comp Plan so 11 we can't regulate some of the health related issues. We do have a time limitation on how long 12 we can process these things which we don't think is very favorable to us in terms of being able to 13 maybe get more information that we would like to have. 14 15 There is some pretty specific language in both the law and in court cases about allowing the use 16 of utility facilities by telecommunications carriers and that language keeps getting sort of tougher 17 and tougher on cities to restrict so we're responding to a lot of that here and our feeling on this, 18 just to sort of summarize where we are on this, is that we've taken sort of how much we can do, 19 the limited authority we have and we've applied it in a way that we've said the minimal intrusion 20 on this structure that you can still fulfill your goals of being able to provide enhanced service 21 which is one antenna. We'd rather have collocation but that has the two antennas clearly has 22 more visual impact. We can do without the battery box. Again, if its nice to have it, it helps City of Palo Alto December 8, 2011 Page 55 of 85 1 provide for emergencies but from a visual standpoint which is the one area we do have some 2 impact on, this would help minimize that so we're recommending that single antenna, no battery 3 box, streamlined version of the utility pole and installation. But I did want to mention this 4 concept of a Master Plan. 5 6 We are intending to go to Council and talk to them about some of these alternatives we are 7 looking at about maybe having a larger amount of poles at utility stations where hopefully they 8 wouldn't be seen so negatively because they are not right in the middle of a neighborhood but 9 they would be still and you'll be involved in the review of that and we're talking about 100 foot 10 high, 125 foot high poles to be able to provide some alternative for carriers to use but, on the 11 other hand, our City Attorney can speak to the fact that we can't tell somebody they have to go 12 use one of our poles. That's again one of the things in the law that allows them to go particularly 13 on telephone poles helps them achieve their purpose. They need to demonstrate how to do that 14 to some extent but it's not just a matter of who can find spots and you have to go locate over 15 here. They have engineering criteria they have to meet. Every other carrier has engineering 16 criteria. They are all different. So the concept of this master plan is very nebulous and it seems 17 to me that its more policy related rather than actually providing for facilities and we're willing to 18 look into what we can do and that but I don't want to give anyone a false hope that we can 19 provide a master plan that's going to provide a facility that's going to meet all these various 20 engineering criteria for these companies and they aren't willing to tell us what that is. This is 21 proprietary information. They each know what they need and where they need to go and it's not 22 like we can take all of that and meld it into one master plan. As you mentioned its changing City of Palo Alto December 8, 2011 Page 56 of 85 1 monthly, annually, etc. We'd love to be able to say let's wait and see if something better and 2 less invasive comes along but we really do have our hands tied to that extent so I think this is a 3 good solution for now, streamlining this. I would certainly want to encourage AT&T and other 4 carriers and whose benefit it is to be able to have multiple antennas and battery boxes and 5 anything else that we would entertain those but they have to come up with better designs than 6 what they've shown us if they want to proceed and in the interim we do plan on coming to 7 Council in the January or February timeframe with a workshop with the concept at least of the 8 utility substations and then some other things that we might be thinking of that might help 9 provide more alternatives for carriers which I think is the best we can do as opposed to saying 10 you have to do X, Y or Z and that's kind of where we are. 11 12 One more comment. You mentioned conditions. I think standard conditions on all of these 13 permits which are not in your packet but we will include that they test the sound, the noise on 14 these. When they install it they test it and demonstrate that it readily complies with our standards 15 and is consistent with what they've provided. We've been talking to them about doing that and 16 we would very much like to get that before they install anything. We were baffled about why 17 they can't bring one of these boxes to your meetings and turn it on and at least see how loud it is 18 or go into a neighborhood and measure the ambient sound and what the noise is with this running 19 and see if there is any perceptible difference. Also, as far as the RF emissions from facilities, 20 that is a standard condition on any of our wireless permits going forward is that they do that 21 measurement as well and demonstrate compliance with the federal criteria before they can begin 22 operating. Thank you. City of Palo Alto December 8, 2011 Page 57 of 85 1 2 Vice Chair Wasserman: Thank you very much. I have a follow up question about every carrier 3 having different engineering requirements? 4 5 Mr. Williams: They all have different gaps that they are looking at. Some of them are data gaps 6 and some of them are phone gaps. They don't all have the same, here's where a pole needs to go 7 and circle. They may have good coverage here and then the next one over may not have good 8 coverage so each one of them has their own needs. 9 10 Vice Chair Wasserman: So it's not the engineering of the devices, it's just sort of the 11 distribution of stuff because physics don't change. We're sending out radiofrequency energy and 12 it goes in a straight line and you know it does this. Thank you. 13 14 Chair Young: Thank you Curtis and also as a follow up to your comments about the 15 infrastructure, just to confirm, all of the poles proposed as DAS collocation locations are in 16 existence and currently owned by AT&T. Is that correct? 17 18 Ms. French: Owned jointly by AT&T and the City of Palo Alto. Both. 19 20 Chair Young: Alex, would you like to make some comments? 21 City of Palo Alto December 8, 2011 Page 58 of 85 1 Board Member Lew: I do have a follow up question for Curtis. As I understand, we cannot 2 require a master plan as part of the conditions of approval for this particular project, but you are 3 working on it. 4 5 Mr. Williams: That's correct and I'm saying that even when we have a wireless master plan I 6 don't know that it is going to allow us to require a carrier to go where we would like them to go. 7 8 Board Member Lew: Thank you Curtis. So this is what has been fairly difficult for me. On one 9 hand I think the minimalist design is far superior to the double antenna. It's just the changes in 10 the color and the elimination of the antenna is like vastly superior. At the same time as I walk 11 through all of the sites on the list this week I realized that really the tree canopy is not doing what 12 I thought it was going to do. Its really the tree canopies are fairly uneven and very deciduous in 13 town and I think some of the locations that AT&T has picked are very good near magnolias and 14 oak trees are screening the antennas. A few of the locations I really don't have many trees at all 15 or they are 100% deciduous and small deciduous trees. I know we don't want to go into all the 16 sites but there are two in particular that I was worried about. I think AT&T has located them 17 near some trees but then it could be some locations on the other side of the street are minimal 18 trees so the neighbor across the street is going to be looking at the antenna. 19 20 So I would actually want more screening, even more than what's in the conditions of approval 21 but even then I'm fairly troubled by it because its going to take a generation for that tree to 22 become a suitable size to screen the antennas and by that time I'm going to assume the City of Palo Alto December 8, 2011 Page 59 of 85 1 technology has changed and so I'm not that comfortable with relying on new trees to screen the 2 existing antennas. 3 4 I do have some questions on the fan. Maybe this is for Minh. The fans in the equipment. Are 5 they variable speed and are they thermostatically controlled? I think some of the residents are 6 concerned that the fans are going to be running all night and that seems not to be true from the 7 equipment that is near my house but I'll need to verify that with you. H 9 Mr. Minh Nguyen: The prism fans are temperature variable so they react according to what the 10 ambient temperature is outside. At low speeds it runs at 56% of max speed, at medium speeds it 11 runs at 92% and at high speed it runs at 100%. From what Bill Hammett did he tested it at high 12 speed so the values that you saw were worst case situations like he stated are very low and under 13 the ambient noise if you want to talk about that. 14 15 Mr. Hammett: That's correct. The data from the manufacturer that was taken in an anechoic 16 chamber with very accurate readings of the noise, for the three different fan speeds, we used for 17 our calculations the maximum fan speed so at night for instance, it may never get to that given 18 the temperature range in Palo Alto but even if it did it still complies so maybe a 5 dB 19 comparison. It would drop by another significant amount at the medium fan speed which may be 20 typical but even at the low fan speed. 21 City of Palo Alto December 8, 2011 Page 60 of 85 1 Board Member Lew: If the fan box is painted dark green or black I presume its going to get 2 hotter if it were painted beige. Is that factored in at all? 3 4 Mr. Hammett: That is not going to be a major factor. We assumed that the fans were running at 5 their maximum speed so regardless of the speed, that is the maximum. 7 Board Member Lew: From what I've gathered anecdotally around my house with the AT&T 8 equipment, it's really when it's over 90 that I notice any fan whatsoever. Most of the time I 9 don't hear it. I've walked by equipment so many times and not noticed there was any fan so... 10 11 Mr. Hammett: High speed kicks in at 105 degrees and then 70 degrees for the middle so it needs 12 to be very hot for the high speed to kick in. 13 14 Board Member Lew: That's my anecdotal observation as well. Also, with the battery backup it 15 seems like we're removing one of the fans so the noise will be even less. I know that's sort of 16 obvious but I just wanted to state that. Also the prism box, there's only one antenna. Could we 17 not... and you only need four slots within that box. If we're only having one antenna, could not 18 that box be smaller? Or you are saying really for future use that you need the 8 slots even though 19 there is only one antenna? 20 21 Mr. Hammett: The short answer is yes in order to gain more flexibility for the future. You don't 22 gain that much size decrease believe it or not by reducing the four slots and maybe a quick City of Palo Alto December 8, 2011 Page 61 of 85 1 answer to your question about why so many different designs, 25 years ago when I started this 2 the networks were given 850 MHz, in 1996 they were given 1900 MHz. Most recently when the 3 analog TVs frequency was made available and we went to digital TVs, the wireless companies 4 were allowed to buy 700 megahertz so at each of these frequencies they have different distances 5 they operate at and that's why we have these different designs. I have every expectation that as 6 capacity continues to rise that there will be needs for expansion. It makes more sense to do that 7 then to come back and put another box on. 9 Vice Chair Wasserman: So what you said was it's the network engineering that's different or the 10 equipment engineering? It's not the equipment that goes on the pole that's different, it's the 11 distribution that's different because of the different frequencies. 12 13 Mr. Hammett: It's a combination really. Verizon Wireless was the first company to provide 14 cellular service in the Bay Area in 1984 and they were the Wireline Company. There wasn't a 15 lot of regulation and they had 850 MHz and they put a lot of big sites up right away which is a 16 good thing. Cellular One started in 1986 a little bit later, September 1986, just had its 25`h 17 birthday, that's the AT&T network of today. Then on top of that were added these additional 18 frequencies. So in San Francisco when the 1900 MHz became available, AT&T started putting 19 micro cells in San Francisco so they have some micro cells in combination with macro cells 20 because they provided capacity ability and also permitting in San Francisco they preferred the 21 smaller micro cell design under their code. So there were a number of factors that play into how 22 a network is designed and how it is deployed and it involves not just coverage but also capacities City of Palo Alto December 8, 2011 Page 62 of 85 1 and the additional frequencies and how those frequencies are used, how 700 MHz are used for 2 voice or data or both and it's a very complicated science. They pay the engineers at AT&T and 3 Verizon and elsewhere to provide the best network for their customers. 4 5 Vice Chair Wasserman: Not quite. The boxes and the antenna and the wiring and that stuff on 6 the pole. Do they vary with the frequency? 7 8 Mr. Hammett: Yes. 9 10 Vice Chair Wasserman: So the shape of the antenna, the shape of the prism box, those vary? 11 12 Mr. Hammett: The prism box stays the same but the antennas change. The wavelength that is 13 coming out of the antenna dictates the size. 14 15 Vice Chair Wasserman: Okay, I get it. Thank you. 16 17 Board Member Lew: So in the Staff Conditions, it was mentioned that if the utilities and the 18 public works arborist decide that a tree is not feasible at the site then they have to come back 19 with another application for a more workable site and so I guess my question is then for AT&T. 20 Previously you guys have testified that you are forming a whole network and all of the locations 21 are sort of tied together so if, say, our city arborist says this location isn't going to work for our City of Palo Alto December 8, 2011 Page 63 of 85 1 Conditions of Approval, does that really mean that you are going to have to come back to us with 2 20 new locations or what? I mean I'm trying to get a gauge for how feasible these are. 3 4 Ms. Campbell: I'd like to add to that. In the Conditions of Approval we've stated that if there is 5 any physical change to what is being proposed other than what we are seeing today that they will 6 need to resubmit a new application so if one or two sites end up changing several of the pole 7 locations, they will need to submit that for a new application for us to review again, yes. H 9 Board Member Lew: Okay, then I think that is a really important Condition because that makes 10 me feel a little bit more comfortable about going forward with this and I think I'm going to 11 recommend for approval as conditioned and also as amended by Curtis. 12 13 Chair Young: Clare. 14 15 Board Member Malone Prichard: Thank you. I'll start by disclosing that I was contacted by an 16 AT&T representative and did have a brief conversation however nothing was presented that we 17 haven't seen here. W 19 Thank you Staff for clarifying several of the questions I had for you in other people's questions. 20 So underground options, I remember this was discussed at a previous hearing but can either Staff 21 or AT&T comment on the feasibility of putting any of these locations underground, particularly 22 in the future? I believe last time we saw you there was a discussion that part of the agreement City of Palo Alto December 8, 2011 Page 64 of 85 1 with the city was that AT&T would agree to place their facilities underground if any of these 2 poles were to go underground. 3 4 Ms. Campbell: So that is my understanding that part of the master license agreement in the 5 future if an area will be undergrounded AT&T will be required to relocate their equipment to 6 another location. 7 8 Ms. French: And we would be seeing that as another application. 10 Board Member Malone Prichard: Great. I've heard from AT&T that they couldn't just take 11 these boxes and put them underground in the current locations that you're proposing. 12 13 Mr. Albritton: It's absolutely correct. It's in the agreement with the City that it deals with 14 undergrounding issues and if the pole is underground the major consideration is where the 15 antenna then goes so it wouldn't affect the box if that is what you're asking. 16 17 Board Member Malone Prichard: So basically we just start over if poles get undergrounded. 18 That's a good answer. So I would like to focus on the prototype because I understand that that's 19 really what ARB has purview over. I wanted to clarify three things on the application, one is the 20 original with the two antennas that I don't think anyone is supporting and then there is this other 21 one here and then there is another one called Stealth which is the proprietary one. I wanted to be City of Palo Alto December 8, 2011 Page 65 of 85 1 clear on the Stealth unit. It does not appear that this one is 6 feet above the power lines, so is that 2 an accurate depiction of what it would look like? 3 4 Mr. Albritton: Like IDEO, that was a concept drawing from them. Its 14 feet tall and it would 5 have to have that separation and it's not clear that that shroud they are using would actually 6 accomplish that. We didn't think that was a direction AT&T wanted to pursue. 7 8 Board Member Malone Prichard: I'm in agreement, just wanted to be clear on that. Battery 9 backup. I know it's in the packet but can you remind us for the public's benefit what the size 10 would be of that battery box? 11 12 Mr. Albritton: 27 inches wide, 24 inches by 22 inches so it's bigger than a bread box. 13 14 Board Member Malone Prichard: And how high on the pole would it be? 15 16 Mr. Albritton: Originally it was proposed to be below the prism box but we proposed putting it 17 above the prism box. Around 20 feet but it depends from pole to pole depending on the 18 equipment that's on that pole. So it would be pretty high and for what its worth the fans for both 19 face up. Don't want to push batteries too hard but it's possible that we could have some poles 20 with batteries and without batteries. If there is a pole that is not a bother to anyone or nearby a 21 neighbor who wants to have it continue when the battery goes out a box can be put on one or 22 several poles. City of Palo Alto December 8, 2011 Page 66 of 85 1 2 Board Member Malone Prichard: The reason I'm asking about batteries is I understand its not an 3 attractive looking box but it seems a shame to go to the trouble of putting all this in and then not 4 being able to use it in an emergency so I'm not sure I'm comfortable with saying we shouldn't 5 put the battery boxes in with the possible exception HRB has reviewed because there are historic 6 standards involved there so I'm sort of on the fence on that one. 7 8 Thank you for the ordinance information and again for the public's benefit, could the engineer 9 confirm, my understanding is 40 dBs are not additive so if you have 40 dB background noise and 10 you add 10 dB to it you don't suddenly have 50 dB of noise. 11 12 Mr. Hammett: That is correct. Decibels is a logarithmic function so if you have two levels, 40 13 and 40, they would add to 43 dB, not 50. 14 15 Board Member Malone Prichard: Thank you. Color. We are looking at green and tan. I much 16 prefer the tan. It blends into the pole and disappears more than the dark green. And findings, 17 looking at finding number one, a few of these findings I think just need to be enhanced to make 18 them a little tighter. Finding number one, the second to the last line, we're adding the creative 19 use of city utilities and rights of way to ensure competition among networks. It is not clear to me 20 how this is ensuring competition among networks so that might need to be strengthened 21 somewhat. 22 City of Palo Alto December 8, 2011 Page 67 of 85 1 Finding number three has the removal of battery backup cabinet. I'm not sure I agree with doing 2 that. I think the design is still appropriate to the function of the project with the battery cabinet. 3 Finding number six says the project as conditioned is compatible with the existing utility poles. I 4 agree with that. And the surrounding residential neighborhoods. I don't agree it's compatible 5 with the surrounding residential neighborhoods. I would just say it's compatible with the 6 existing poles. 7 8 Finding number sixteen says that we are promoting visual environments that are of high esthetic 9 quality and variety. I would amend that to say within the confines of what is technically feasible 10 in order to meet the other findings having to do with function of the project. With that I would 11 say that I am generally in support of the project looking like that. I'd be interested in what my 12 colleagues have to say about the battery box. 13 14 Chair Young: Thank you Clare. I did receive a telephone call from the representative from 15 AT&T and we spoke briefly. I'm in general agreement with the comments made by the other 16 Board Members. On some specific points, I do have a question for the representatives from 17 AT&T regarding the battery backups. If the antennas are installed without the battery backups, 18 can they be added in the future? 19 20 Mr. Albritton: Yes. The battery backups, yes. We'd have to go through whatever process the 21 city required but... 22 City of Palo Alto December 8, 2011 Page 68 of 85 1 Chair Young: Technically the answer is yes. If the installation proceeds with the battery 2 backups and there does turn into a noise or some other issue, can they be removed? 3 4 Mr. Albritton: Yes and on that point clearly if we are violating any of the ordinances or 5 requirements we have to remedy that and if it requires removal that is something that will have to 6 happen but the equipment is built to be well within the requirements of the code and we expect to 7 be within the code. H 9 Chair Young: Thank you. I had a similar reaction to Clare regarding the battery backups and 10 one of the arguments for proceeding with the installation was to improve coverage and it did 11 seem a bit disjointed that, especially in an emergency situation when you would depend on 12 coverage that it would potentially be diminished. The battery cabinets are smaller than the 13 prisms and I like the location of them above the prism as opposed to below. So I would be in 14 agreement with Clare at that point. 15 16 I'd also concur that given the choice between a tan series of equipment and a dark green series of 17 equipment, the tan is a better match for the telephone pole itself. Judith's comment regarding 18 new tree selection for the species, evergreen does at the surface make the most sense as a general 19 approach however, I think we do need to look at specific conditions. If there are no other 20 evergreens in the area it could be discordant to bring in the species so it might be amended in the 21 language that an evergreen is preferred where appropriate. 22 City of Palo Alto December 8, 2011 Page 69 of 85 1 Curtis' comment regarding the additional Conditions of Approval for testing to confirm that the 2 sound levels produced by the equipment are in compliance with the proposal or that they are 3 adjusted to meet those requirements is excellent as is the requirement for the RF measurement 4 and testing to confirm that it is adhering to the performance standard. I did wonder given the 5 half dozen locations where new trees are proposed, if Staff had enough time to adequately reflect 6 on all of the locations and determine if there may be additional tree locations that should be 7 proposed and it looks like Clare you've thought about this some. H 9 Ms. Campbell: I don't think that with the time we've had available to us to go through that level 10 of analysis yet. I think we could probably include as a Condition that further additional analysis 11 could be required to determine if additional screening should be provided and then again we'll 12 have Public Works, Utilities and Transportation weigh in on those selections. 13 14 Chair Young: Somehow we need to also reach out to the locations where trees are proposed so 15 that they are aware that these are younger trees and there are going to be many years before they 16 will fully screen and as long as amending that with a positive addition of trees does not send this 17 entire process back to square one, that I did want to confirm that would not be appropriate. 18 19 The HRB comment on the battery box, I believe they approved the proposal as illustrated by this 20 example that did not have the battery box. 21 City of Palo Alto December 8, 2011 Page 70 of 85 1 Ms. Campbell: We had the same graphic available at the meeting but based on the conditions 2 they were still going on the Staff recommendation to remove the battery backup box. 3 4 Chair Young: We should probably circle back with the HRB if the rest of the Board agreed that 5 the battery box should be provided and confirm that that's acceptable for that particular address. 7 And was there a Condition of Approval about, I believe the Applicant had stated in our earlier 8 meeting that at their cost the DAS system for effected locations for undergrounding would either 9 be undergrounded or relocated. Is that part of the condition of Conditions of Approval? 10 11 Ms. Campbell: It's not mentioned in the planning entitlement. Maybe Jim can speak to that as 12 part of the Master License Agreement. 13 14 Mr. Fleming: Yes, it is addressed in the Master License Agreement. 15 16 Chair Young: Thank you. I don't know if everyone had a chance to view it but I do appreciate 17 that the existing locations of the cellular distribution and wireless distribution antennas are 18 located on that map which I didn't see in the report but I may have missed it but I appreciate that 19 its here and it is available. It's a document that I was not aware of in the breadth of exposure. 20 City of Palo Alto December 8, 2011 Page 71 of 85 1 Ms. French: I'm jumping in to say that that is something that we provided before to the City 2 Council and it is online associated with the upcoming info memo that goes to Council on 3 Monday night. It's very tiny. 4 5 MOTION 7 Chair Young: It is very tiny and I was actually glad to see it full size because it would have been 8 extremely difficult to decipher otherwise. Other than that, I believe the questions I had have 9 been answered. I did have an additional finding comment on Finding number 10, the access to 10 the property and circulation thereon are safe and convenient for pedestrians, cyclists and 11 vehicles. I think this actually could be found in the affirmative because circulation under and 12 around the installations has not been negatively impacted by the installation. 13 14 Potentially a way to rephrase Finding 16 is that the installation promotes visual environments 15 that are integrated into the esthetic of the immediate local environment. It is an industrial 16 installation on a utility installation. But I am in general support of this project and would like to 17 Motion that it be approved... Would AT&T like to make a closing comment? W 19 Mr. Albritton: Thank you very much for your careful consideration of our application. We do 20 feel strongly that the battery backup is important if it were available to be put on where 21 appropriate perhaps or something. That might give us some flexibility with Staff in those 22 locations where it would be feasible. Otherwise we appreciate all of your questions. I think City of Palo Alto December 8, 2011 Page 72 of 85 1 we've said what we need to say and appreciate your expertise throughout this process which led 2 to a better product. Thank you. 3 4 Vice Chair Wasserman: I have a question about the battery box. I didn't realize it was going to 5 get so interesting. When the power fails, the purpose of the power is to drive the information 6 from the prism up to the antenna. So when the power fails its not like you have anything in 7 reserve. Without the battery backup it's just off. That's what I thought. 8 9 Mr. Albritton: I'm sure you know that its two hours of battery backup but those are frequently, 10 in an emergency, the critical hours for it to happen. 11 12 Chair Young: Alex, do you have a follow up? 13 14 Board Member Lew: I do. So I just want to point out some inconsistencies I think. So the 15 Applicant is showing this image which appears on the cover of our supplemental package which 16 is the tan color cabinet boxes and antenna and our Condition of Approval number 5 says the 17 antenna and cabinet boxes should be matte dark green and the other hardware would be a matte 18 finish so I think we need to clarify that. 19 20 Chair Young: I apologize. In my concurrence with Clare I implied that this would be revised as 21 opposed to requesting. 22 City of Palo Alto December 8, 2011 Page 73 of 85 1 Board Member Lew: And then just also just to clarify, in many of the documents that AT&T 2 supplied, the battery backup is shown above the prism box but in Section E of the booklet it is 3 shown below and E is what we are proposing to approve so I think that that should be modified 4 and I think that having it above is better. 5 6 Vice Chair Wasserman: So the drawing shows one thing and the photo shows something 7 different. I think, actually the photo shows no battery backup at all. I think that's this thing. H 9 Board Member Lew: They have two images on the screen, one with the battery backup and one 10 without and we only have the one without. I just want to make sure that we're all looking at the 11 same thing. 12 13 Vice Chair Wasserman: It just sort of flips back and forth. How clever. I think above is better 14 also. You sort of get that hierarchy of shapes that makes a little more sense. I suppose tan is 15 okay. I was sort of doing green but that's all right. 16 17 Chair Young: So we can revise Condition 3 for all pole installations. The battery backup 18 cabinet shall be located above the prism. 19 20 Board Member Lew: I'm okay with having the battery backup. I could go either way. It seems 21 like the Council has been doing a lot of emergency preparation things this past year and it seems City of Palo Alto December 8, 2011 Page 74 of 85 1 the battery backup might be something they are interested in so I propose to our conditions that it 2 can go either way. 3 4 Vice Chair Wasserman: Okay, so I am now confused. What are we exactly proposing? Because 5 there was one proposal to make it optional in locations where it was not objected to and the other 6 proposal was to make it part of all the installations. Where are we? 7 8 Board Member Malone Prichard: Why don't we say it should be located where feasible and 9 where located should be above the prism. 10 11 Vice Chair Wasserman: Feasible meaning what? 12 13 Board Member Malone Prichard: Or practical. It leaves it open to some interpretation. 14 15 Chair Young: Right now there is only one location in question and that is the Professorville 16 location so if we circle back with the HRB we should be able to make that clean. 17 18 Vice Chair Wasserman: So you all are thinking about having it as a standard. I see. 19 20 Board Member Malone Prichard: Could Staff clarify, HRB also makes a recommendation to 21 Curtis do they not? So it wouldn't necessarily have to circle back to HRB if Curtis would just 22 include the battery box in his approval. City of Palo Alto December 8, 2011 Page 75 of 85 1 2 Ms. French: If there was a relationship to the Secretary of Interior Standards that could be 3 something he would consider before adding it or he could make an exemption for just that pole 4 and not include it on that pole. 5 6 Board Member Malone Prichard: But we can just leave it to Curtis to handle that appropriately 7 with HRB. Okay. H 9 Vice Chair Wasserman: Maybe we can have the Conditions read back to us by someone who 10 has been taking notes. 11 12 Ms. French: So Condition 3 would be revised to say for all pole installations the backup battery 13 cabinet shall be located above the prism. Do you want it to say where feasible? No. Okay. And 14 I'm sorry but the two conditions Curtis added earlier about testing of the noise and testing of the 15 RF frequencies. 16 17 Chair Young: Yes and I believe he is going to provide the specific language for those but it was 18 post installation testing to confirm adherence to the standards. 19 20 Ms. French: Noise ordinance and federal guidelines with respect to the RFs. 21 City of Palo Alto December 8, 2011 Page 76 of 85 1 Vice Chair Wasserman: I think the last one was more evergreen screening where feasible and 2 appropriate. 3 4 Ms. Campbell: I think the very last one would be the color. Instead of dark green go with tan. 5 To clarify that though would you say that even the green on the top or tan on the top. 6 7 Board Member Malone Prichard: Everything tan and actually they called it Falcon Beige, Prolux 8 Falcon Beige is what shows. 9 10 Vice Chair Wasserman: Can we see the color board again? There it is. Those are the glossy 11 version? 12 13 Chair Young: The top one is matte. 14 15 Vice Chair Wasserman: I'm outvoted so I'll keep my mouth shut. 16 17 Chair Young: Clare, I think it's actually more consistent if it is one color continuously. 18 19 Vice Chair Wasserman: I'll just go on record saying I really don't like that color but its not 20 going to change anything. 21 City of Palo Alto December 8, 2011 Page 77 of 85 1 Chair Young: If we want it to be a closer match to the actual telephone poles then we can start 2 with the base and say or preferred match and then have it brought back to Staff or to the 3 subcommittee. 4 5 Vice Chair Wasserman: It doesn't matter. 6 7 Board Member Lew: My only take is the antenna pole should match the telephone pole. The 8 other boxes I'm okay with if you want them green then I'm okay with them being green. 9 10 Board Member Malone Prichard: But I'm not okay with green because it stands out too much 11 against the pole. 12 13 Vice Chair Wasserman: I'm certainly not going to vote against it because of the color of the 14 equipment. 15 16 Chair Young: Do you have anything I'd like to add? 17 18 Ms. Campbell: I think there was additional analysis to see if particular installation or additional 19 street trees could be added. 20 21 Chair Young: Thank you. Yes please. 22 City of Palo Alto December 8, 2011 Page 78 of 85 1 Vice Chair Wasserman: I thought that went along with additional evergreen screening when and 2 where. 3 4 Chair Young: Those are the specific locations and conditions 12 through 17. 5 6 Vice Chair Wasserman: I didn't realize. I thought it was a blanket condition. More trees good. 7 8 Ms. French: I might ask as well, there were mentions about the findings and we can rewrite 9 those and perhaps send those out if you'd like to see the final or we can just read them back to 10 you now which would be if Heather, you were making the Motion it included Finding 10 and 11 Finding 16 and there were some findings mentioned earlier by other members. 12 13 Chair Young: Clare had specifically mentioned Finding 1 and she was not sure the language 14 saying this would ensure competition among the networks was the correct phrasing. 15 16 Ms. French: Would you like to drop that from the sentence on that finding? 17 18 Board Member Malone Prichard: Either drop it or explain that allowing these additional antenna 19 sites allows AT&T to better compete with the other networks. It's just a little too generic here. 20 21 Ms. French: Okay so the other ones mentioned were Findings 3 and 6 and 16 but 16 was also 22 mentioned by the maker of the motion. City of Palo Alto December 8, 2011 Page 79 of 85 1 2 Board Member Malone Prichard: So 3 was just saying don't say we're removing the battery 3 backup. 4 5 Chair Young: And 6 was to remove the last five words such that it ended with existing utility 6 poles. 10 I believe we can find in the affirmative. 7 8 Board Member Lew: Can I weigh in on that? Thank you for bringing that one up. We did get a 9 letter from one resident, I believe it was on Louis Road who was complaining about AT&T 10 trucks obstructing the bicycle lanes repeatedly for hours and hours on end and so it seems like 11 that, I'm not sure, that doesn't necessarily pertain to this particular project but I think the 12 residents raised that as an issue so maybe there is a way for us to continue condition that. 13 14 Ms. French: Perhaps in the license agreement there is a way for us to require some sort of 15 notification or how they would park their cherry picker instrument thing on the street relative to 16 the bike lane. I don't know how that would be phrased. Clearly not the way I phrased it. 17 18 Vice Chair Wasserman: I don't know if AT&T needs to be singled out. They are not the only 19 ones that block the bike lanes and I don't think this is the right venue to deal with it. 20 21 Board Member Lew: And I dodge cars driving through the bike lane everyday and I'm in 22 general agreement but I wanted to raise the issue since it was raised to us. City of Palo Alto December 8, 2011 Page 80 of 85 1 2 Chair Young: Finding 10 I believe can be found in the affirmative in that circulation under and 3 around the proposed installations is maintained. 4 5 Ms. French: Would you want to say under and around on the sidewalk? Because again, when 6 you get back to the roadway. 7 8 Chair Young: He is talking about a service application, a service moment in final installation, he 9 had the same issue with any construction site so. And then the 16 that promotes visual 10 environments that are integrated into the esthetic of the immediate environment. 11 12 Board Member Malone Prichard: Perhaps even with the parenthesis local environment of an 13 industrial utility installation. 14 15 Chair Young: Absolutely. 16 17 Ms. French: Thank you for clarifying the wording of the findings. 18 19 Chair Young: So that is my Motion. Will anyone Second? 20 21 SECOND 22 City of Palo Alto December 8, 2011 Page 81 of 85 1 Board Member Malone Prichard: I will Second. 2 3 Chair Young: All in favor? Aye. 4 5 Board Member Malone Prichard: Aye. 6 7 Vice Chair Wasserman: Aye. H 9 Board Member Lew: Aye. 10 11 Chair Young: All those opposed? The Motion is carried for recommendation to the Director for 12 approval. 13 14 MOTION CARRIED 15 16 Board Member Lew: Amy could you? Assuming this will be appealed, if Curtis makes the 17 decision before January 9th, what day do residents have, what is their timeframe to make the 18 appeal? 19 20 Ms. French: We don't need to wait until the 9th. It could happen earlier than that. Typically a 21 decision is carried out on the Tuesday following the Architectural Review Board meeting. 22 Whether we do that or not in this case I can't say but if that were the case then folks should look City of Palo Alto December 8, 2011 Page 82 of 85 1 for that on our website. We do announce our decisions there and in this case I guess we would 2 be sending out cards to the same folks who were advised of this hearing what the decision is and 3 then they would have 14 days from the date that the cards are sent in the mail to request or to 4 request an appeal hearing by the City Council. Typically we have a consent calendar placement 5 for those appeals. In this case it would be more likely we would put it on for public hearing, 6 again because of the shot clock to have it go straight to public hearing rather than on the consent 7 calendar where it would normally be placed. 8 9 Chair Young: When might that be on the City Council agenda? 10 11 Ms. French: We are hoping for a special hearing on January 30th. It's not currently a Council 12 meeting date but they're pulling the Council Members. 13 14 Chair Young: And you'll keep us up to date so we can send a representative. Unless we have 15 any Board Member announcements or business? 16 17 Board Member Malone Prichard: The only other thing I had was the Council Hearing on 195 18 Page Mill is being continued. Is that correct? It's being moved to January. 19 20 Ms. French: Generally announcements, it is not going on the 12th. I was thinking of what is the 21 date in January? 22 City of Palo Alto December 8, 2011 Page 83 of 85 1 Board Member Malone Prichard: I think you wrote January 20th 2 3 Ms. French: Potentially January 23rd will be the hearing date potentially but I'll let you know as 4 well because we'll want to make sure that Clare will represent the Board at that meeting. It was 5 a request by the Applicant to delay that meeting. 6 7 Chair Young: Do we know, was the Council able to review the applications for the 5th ARB seat 8 this Monday? 9 10 Ms. French: It was definitely on their agenda so I think that happened. I can't report out 11 because I didn't listen to see who is asked to come interview. I imagine that the five additional 12 folks that hadn't interviewed before are being asked to interview. That's typically what would 13 happen if they hadn't interviewed those new candidates. 14 15 Chair Young: Can you confirm and let us know when the interviews are being held? Thank 16 you. 17 18 Board Member Lew: I think one of the projects went to the PTC last night. There was no PTC 19 last night? Got it. 20 21 Ms. French: There are several projects going in January to the Planning and Transportation 22 Commission, one of them being 355 Alma, otherwise known as Gateway. There's no other City of Palo Alto December 8, 2011 Page 84 of 85 1 address at this point but the calendar for that is January 11f', the date that's being considered for 2 that. My phone's died so... 3 4 Vice Chair Wasserman: I'm getting out of here and I'll see you all next year. 5 6 Chair Young: Then I believe that concludes today's meeting. Thank you again to the members 7 of the public who came and stuck it out. E3 9 ADJOURNED 10 11 12 13 14 15 16 17 18 City of Palo Alto December 8, 2011 Page 85 of 85 Received Wed 1/18/2012 12:16 PM via email. Planning Staff did not have time to review this document prior to the packet distribution. MACKENZIE & ALBRITTON LLP 220 SANSOME STREET, 14T" FLOOR SAN FRANCISCO, CALIFORNIA 94104 TELEPHONE 415/288-4000 FACSIMILE 415 /288-4010 January 18, 2012 VIA ELECTRONIC MAIL Mayor Yiaway Yeh Vice Mayor Gregory Scharff Council Members Patrick Burt, Sid Espinosa, Karen Holman, Larry Klein, Gail Price, Greg Schmid and Nancy Shepherd City Council City of Palo Alto 250 Hamilton Avenue Palo Alto, California 94301 Re: Appeal of AT&T DAS Project — Phase I 11 PLN-00340 Architectural Review City Council Agenda January 23, 2012 Dear Mayor Yeh, Vice Mayor Scharff and Council Members: We write on behalf of our client AT&T Mobility ("AT&T") to ask that you uphold the decision of the Director of Planning and Community Development granting architectural approval of AT&T's proposed Distributed Antenna System ("DAS") to be attached to 20 utility poles in Palo Alto (the "Approval"). As we will explain, none of the appeals have any merit or provide any basis for overturning the well -reasoned Approval, which was unanimously recommended by the Architectural Review Board (the "ARB") and the Historic Resources Board (the "HRB"). Four appeals have been filed: in separate appeals, Tench Coxe and Paula Rantz each seek a mandated comprehensive wireless plan for Palo Alto; Stacey Bishop objects to the pole at 1880 Park Boulevard; and Janell Sumida Riker, James Riker, Masao Sumida and Eiko Sumida (the "Sumida-Riker appeal") object to the pole at 2704 Louis Road (collectively, the "Appeals"). The Coxe and Rantz appeals argue conditional use standards that go beyond architectural review; these standards cannot legally apply here. The Bishop and Sumida-Riker appeals propose alternative pole locations that run counter to aesthetic guidelines dictated by the ARB. AT&T followed those guidelines in its comprehensive aesthetic review and modification of its application over the last year. AT&T has worked for years to resolve coverage issues in Palo Alto, and its cooperation with the City has led to a comprehensive solution that minimizes aesthetic Received Wed 1/18/2012 12:16 PM via email. Planning Staff did not have time to review this document prior to the packet distribution. Palo Alto City Council January 18, 2012 Page 2 of 15 impacts to the Palo Alto community and has met with unanimous approval. We request that you reject the Appeals and uphold the Director's decision to improve personal wireless access for Palo Alto. I. Scope of Appeal Limited to Architectural Review As a preliminary matter, it is important to clarify the limited scope of this Council's review of AT&T's DAS proposal. As set forth below, City Planning Division staff, the Director, the City Attorney, the ARB and indeed the City Council have all concurred that AT&T's DAS proposal is only subject to architectural review under the Palo Alto Municipal Code ("PAMC"), and not the findings required for a conditional use permit ("CUP"). The attempt to invoke CUP standards in the Coxe and Rantz appeals is improper and should be rejected. A. Architectural Review, Not a Conditional Use Permit History of Application The ARB initially was scheduled to hear AT&T's "major project" CUP application for nine utility poles on August 4, 2011, but AT&T withdrew that application after Planning Division staff, the City Attorney's office and City Council concurred with AT&T that CUP review was inappropriate. At its July 25, 2011, meeting, the City Council confirmed that DAS applications would be processed as minor projects under PAMC Section 18.76.020(b)(3). As stated in the Staff Report for the July 25, 2011, City Council meeting: Planning Staff has reviewed section 18.42.110 with the City Attorney's Office and determined that DAS applications qualify as co -location facilities because DAS attachments would be added to utility poles that already support utility and communications uses. Section 18.42.110(b) provides that collocation facilities are subject only to architectural review and do not require a conditional use permit. Therefore, DAS applications will be processed as minor architectural review projects subject to staff - level review pursuant to PAMC 18.76.020(b)(3). Subsequently, in reliance on staff's statements regarding the process to both AT&T and the Council, AT&T filed the present architectural review "minor project" for review by the Director under PAMC Section 18.77.070(b) to attach equipment to 20 Palo Alto utility poles. The City's treatment of the DAS application as a "minor project" was based on PAMC Section 18.76.020(b)(3), Subsection D, which defines "Any project relating to the Received Wed 1/18/2012 12:16 PM via email. Planning Staff did not have time to review this document prior to the packet distribution. Palo Alto City Council January 18, 2012 Page 3 of 15 installation of cabinets containing communications service equipment or facilities" as a minor project. In turn, PAMC Section 18.77.070, "Architectural Review Process," provides that decisions on minor projects will be made by the Director subject to a request for a hearing by the public or applicant. In the special circumstance involving communications equipment cabinets, decisions of the Director are appealed directly to the City Council and are not heard by the Planning and Transportation Commission. 2. Council Review Limited to Architectural Review Findings Consistent with AT&T's architectural review application (as directed by Planning Division staff, the Director, the City Attorney and City Council), the Director findings to approve the AT&T DAS proposal were limited to architectural and design review criteria under PAMC Section 18.76.020(d). For example, Finding 1 of the Approval states that AT&T's DAS project incorporates a more streamlined design that conforms with policies that encourage quality development that is compatible with surrounding development and public spaces. Similarly, Finding 2 states that the proposed design, as conditioned, blends with the existing utility poles that are located within various residential neighborhoods within the City. Indeed, all of the Director's findings confirm the compatibility of AT&T's DAS design with an historic district where applicable (Finding 4), "existing utility poles" (Finding 6), "access to the property and circulation" (Finding 10), "expression" (Finding 12), "landscape design" (Finding 13), "plant material" (Finding 14) and finally that the "project design, as conditioned, promotes visual environments that are integrated into the aesthetics of the immediate environment of an industrial utility facility", in compliance with the purpose of architectural review under PAMC Section 18.76.020(a) (Finding 16, emphasis added). Appropriately, none of the Director's findings address whether the provision of wireless services by the AT&T DAS project is an appropriate use for Palo Alto utility poles, whether that use is compatible with adjacent uses or whether the wireless services provided are necessary or appropriate for the adjoining neighborhood. While such findings may be appropriate for CUP permit authorization under PAMC Section 18.76.010(c), such a review is inappropriate here. Both the Director's decision and this Council's review on appeal are limited to design and architectural review. Received Wed 1/18/2012 12:16 PM via email. Planning Staff did not have time to review this document prior to the packet distribution. Palo Alto City Council January 18, 2012 Page 4 of 15 B. State Law Limitations Section 7901 of the California Public Utilities Code ("CPUC") grants telephone corporations like AT&T the statewide right to place telephone equipment in any public rights -of -way, limited only by the City's right to reasonably regulate the "time, place and manner" of such placement under CPUC Section 7901.1. Consistent with this state law, no other placement of telephone equipment on telephone poles in Palo Alto has been subject to discretionary use review nor could it be. Like any other utility placing equipment on utility poles, AT&T must comply with state regulations, not the least of which is California Public Utility Commission General Order 95 which narrowly and specifically defines the height, size, shape and placement of any equipment on utility poles in order to best accommodate other utility providers, ensure the safety of linemen and avoid excessive structural or wind loading. As with other utility providers, including the City of Palo Alto itself, AT&T is allowed, with limited aesthetic review, to place utility equipment on utility poles subject only to City limitations on "time, place and manner." The passage of AB 1027 late last year confirms the limited authority of local jurisdictions to restrict the attachment of wireless telecommunications equipment on telephone poles owned by municipal utilities such as City of Palo Alto Utilities. Enacted in October, CPUC Section 9510 requires municipal utilities to make space available on utility poles for telephone corporations such as AT&T to attach DAS and similar equipment. The statute notes that the right of telephone corporations to place attachments on municipally owned utility poles is "a matter of statewide interest and concern" and that this right "supersedes all conflicting local laws".' This new state law reaffirms that the City's role in the AT&T DAS architectural review project is limited to design review. C. Federal Law Limitations Federal law also restricts the scope of the Council's review. In particular, it preempts burdensome requirements for the approval of facilities which have the effect of prohibiting the provision of personal wireless services, requires the City to act on an application within a reasonable period of time, and prohibits the City from dictating the type of technology used by AT&T to provide personal wireless services to its customers. Permit Review Cannot Have the Effect of Prohibiting Personal Wireless Services Federal law preempts burdensome local regulations that effectively prohibit the provision of AT&T's personal wireless services to Palo Alto. As made part of the record below, AT&T has had an extremely difficult time finding suitable macro site locations in the City, and has cancelled a dozen searches in the City over the past five years, and two ' CPUC Section 95 10(b). Received Wed 1/18/2012 12:16 PM via email. Planning Staff did not have time to review this document prior to the packet distribution. Palo Alto City Council January 18, 2012 Page 5 of 15 sites on the Stanford University campus, because it was unable to lease and permit a suitable location for a macro site. AT&T's proven inability to find appropriate locations for macro sites in Palo Alto has resulted in a substantial service gap that only increases as the demand for wireless services increases. In this environment, applying a burdensome CUP process or conditional use standards, when the City's code expressly mandates that such standards should not be applied, would have the effect of prohibiting personal wireless service. 2. Decisions on Applications Must Be Made in a Reasonable Period of Time The Federal Communications Commission ("FCC") has established a 90 -day deadline for approval of DAS-type facilities. See Declaratory Ruling to Clarify Provisions of Section 332(c)(7)(B) to Ensure Timely Siting Review, Etc., FCC 09-99 (FCC November 18, 2009) (the "Shot Clock Ruling"). That ruling further confirms the intent of federal law that review of co -location facilities such as the DAS should be ministerial and completed on an expedited basis. AT&T advised the City that its review of the DAS must be concluded no later than January 9, 2012, to avoid violation of the Shot Clock Ruling. Following the expiration of the "Shot Clock" period, AT&T has 30 days to file an "unreasonable delay" action in federal court in order to preserve its Shot Clock rights. Of course, such litigation which should not be necessary if the City Council acts in a timely manner on this appeal. 3. Palo Alto Cannot Dictate the Technology Used by AT&T to Provide Personal Wireless Services to its Customers Finally, federal law prohibits the City from regulating the technology that AT&T uses to provide wireless service. AT&T operates using various FCC licenses that authorize its use of specific radio frequencies to provide wireless services to its customers nationwide. The FCC also certifies the radio equipment and antennas that AT&T uses to provide its services. The pervasive federal regulation of AT&T's radio spectrum and equipment supersedes any effort to regulate AT&T technology at the local level. Indeed, federal courts have affirmed that federal law bars the City from dictating the technology used by wireless companies. See New York SMSA Limited Partnership v. Town of Clarkstown, 612 F.3d 97, 105 (2d Cir. 2010) ("provisions setting forth a preference of `alternate technologies' are also preempted because they interfere with the federal government's regulation of technical and operational aspects of wireless telecommunications technology, a field that is occupied by federal law."). Efforts to require AT&T to use alternative technologies to its DAS proposal, such as Wi-Fi or City - owned macro site locations are clearly preempted by federal law. AT&T appreciates the City's proactive efforts to provide wireless facility locations within City limits, and it intends to consider pursuing those opportunities, but if the City required that AT&T use those locations for "macro" sites or that AT&T wait for the City to adopt a Received Wed 1/18/2012 12:16 PM via email. Planning Staff did not have time to review this document prior to the packet distribution. Palo Alto City Council January 18, 2012 Page 6 of 15 comprehensive plan for the use of such facilities, such requirements would be preempted by federal law. II. AT&T Listened to the Community and Made Extensive Design Revisions in Order to Achieve Unanimous ARB Recommendation and Director Approval. AT&T began its discussion of this DAS proposal with Planning Division staff over one year ago. Initial discussion led to an application filed on March 9, 2011, with a comprehensive design that provided for neutral host services allowing multiple carriers to use the AT&T DAS facilities. As reflected above, AT&T withdrew its initial application based upon further consultation with the City regarding necessary review and approval of the DAS project. Notwithstanding the withdrawal of its initial application, the initial AT&T DAS facility design was thoroughly reviewed by the ARB on August 4, 2011, where the proposed design received critical scrutiny and comment from both ARB members and the public. ARB guidelines resulting from this meeting addressed block placement, tree screening, equipment placement on the poles and design. Subsequent to the August 4, 2011, ARB meeting, AT&T conducted a full aesthetic review of all sites proposed for the first of four minor project applications which was filed on September 13, 2011. The aesthetic review was based entirely on input received from the ARB and included an alternatives analysis of a total of 98 pole locations, attached as Exhibit A. In addition, subsequent to the ARB meeting, AT&T contacted IDEO and Stealth Technologies to evaluate creative alternatives to the existing DAS designs. Following the submittal of its aesthetic review and redesign, AT&T met with Planning Division staff to refine pole selection, tree camouflage and equipment placement in an effort to gain staff support for all 20 proposed node locations. Finally, AT&T worked diligently with its engineers to identify the minimal equipment requirements for providing wireless service to Palo Alto in order to respond to staff and ARB requests to minimize aesthetic impacts. On December 4, 2011, AT&T presented its redesigned DAS proposal to the ARB, addressing the extensive and critical comments previously received from the ARB. Presenting a minimalist design that included relocation of poles to maximize the use of tree screening and minimize aesthetic impact through block placement and equipment location on poles, the redesigned AT&T DAS project was well received by the public and unanimously recommended by ARB members. On the previous day, the Historic Resources Board had similarly recommended approval of the single DAS pole located in an historic district. Based on the unanimous ARB and HRB recommendations, the Director approved all 20 AT&T DAS pole locations on December 16, 2011. In order to achieve HRB, ARB and Director approval, AT&T addressed ARB and public concerns as follows: Received Wed 1/18/2012 12:16 PM via email. Planning Staff did not have time to review this document prior to the packet distribution. Palo Alto City Council January 18, 2012 Page 7 of 15 A. Noise: To Gain Approval, AT&T Provided an Acoustic Engineer's Study that Confirms Compliance with the Palo Alto Noise Ordinance, and the Director Added a Condition Requiring Post -Installation Testing. Following the initial hearing before the ARB, AT&T contracted with a third -party engineering firm to provide an acoustical analysis to verify that the minimal noise generated by the DAS will fully comply with all PAMC acoustic limits. AT&T engaged Hammett & Edison, Inc., Consulting Engineers to complete a third -party acoustic analysis (the "H&E Acoustic Report") to address ARB and public questions regarding noise from the DAS facilities. The H&E Acoustic Report, attached as Exhibit B, concludes: Based on the information and analysis above, it is the undersigned's professional opinion that the AT&T distributed antenna system nodes proposed to be located at various locations in Palo Alto, California, will comply with that city's standards limiting acoustic noise emission levels. To further protect the public interest with respect to compliance with City acoustic standards, the Director added Condition 13 to the Approval: The applicant shall submit a sound analysis of an operating installation within two months of the project installation/operation. The analysis shall clearly delineate how the installation complies with the City's Noise Ordinance (PAMC 9.10). Applicant may be required to submit these reports periodically for the life of the project, as determined by the Director of Planning. B. Outreach: Since August, AT&T Embarked on an Extensive Outreach Program to Solicit Resident Input into the DAS Facility Design. AT&T embarked on an ambitious community outreach program. In all, four community outreach meetings are planned for Palo Alto residents to review plans and photographs of DAS installations as well as to review specific proposed locations. Experts in network design, RF emissions and real estate as well as City Staff were available at each community session. Notice was provided to all residents within the vicinity of the proposed DAS locations for participation in the community meetings. The first two community meetings were held September 13, 2011 and October 11, 2011 and the remaining two community meetings are being scheduled. In addition, AT&T has communicated or met with five Palo Alto community groups to solicit their input with regard to the DAS design and installation. An informational web page has also been established that provides ongoing information and updates to the community on AT&T's proposal. Finally, AT&T has been in mail and email contact with its Palo Alto customers to provide them with information and solicit support for improved AT&T wireless Received Wed 1/18/2012 12:16 PM via email. Planning Staff did not have time to review this document prior to the packet distribution. Palo Alto City Council January 18, 2012 Page 8 of 15 service as well as input for their proposal. As a result of AT&T's outreach, over 1,800 Palo Alto residents have indicated that they support improved AT&T wireless service for the City, many of whom expressed their support in written comments. The names of AT&T wireless supporters and their comments are attached as Exhibit C to this letter. A copy of the postcard sent to AT&T customers in the vicinity of the initial 20 pole locations that solicits support and comments and directs customers to the informational web page is attached as Exhibit D. C. Tree Screening: Poles Were Relocated to Maximize Tree Screening of Equipment. Each pole location was evaluated with respect to available tree foliage that could camouflage equipment and antennas and several proposed nodes were moved to adjacent poles to take better advantage of available tree foliage. In its initial applications, AT&T provided three or four alternative locations for each available pole describing tree camouflage for each location. In each case, AT&T selected the alternative with the best camouflaging options as the site for that particular DAS pole location. Following its initial submittal, AT&T further refined pole selection based on staff input to maximize the screening of cabinets by tree foliage. For four poles, AT&T agreed to fund the placement and maintenance of a new City tree in order to provide and/or ensure the longevity of tree screening. The HRB and ARB approved the AT&T and staff -recommended pole locations and proposed addition of City trees. In his Approval, the Director further expanded the requirement for planting of City trees in Condition 10: The applicant, in coordination with City departments, shall analyze all proposed sites to determine whether new street trees can be added in the immediate vicinity for screening purposes and include those installations with the project AT&T Agrees to fund the installation of such street trees. D. Block Placement: At the Direction of the ARB and Staff, Poles Were Moved from Street Corners. AT&T reviewed each of its proposed DAS pole locations with an eye toward proximity to adjacent windows, yards, street views, property lines and driveways in order to place the DAS on poles in locations that would be least visible to residents, pedestrians and motorists. In particular, corner locations were reviewed to determine whether alternative poles could be identified that were set back from intersections. Wherever possible, AT&T moved site locations away from corners, windows and yards and placed sites on the property lines between houses to minimize impacts to homes. At staff's Received Wed 1/18/2012 12:16 PM via email. Planning Staff did not have time to review this document prior to the packet distribution. Palo Alto City Council January 18, 2012 Page 9 of 15 direction, AT&T further relocated poles or added City trees to gain staff support, ARB recommendation and the Director's Approval. E. Equipment Placement on Pole: Based Upon ARB Recommendations, Equipment on Poles Was Rotated to Face the Street, Elevated and Rearranged to Minimize Residential and Pedestrian View Obstruction. AT&T evaluated all of the proposed poles and alternatives to determine the preferred height and placement of equipment cabinets on the pole to minimize resident, pedestrian and motorist views. Height placement was evaluated with respect to existing foliage for camouflage as well as the direction of resident, pedestrian and motorist view angles. In addition, AT&T rearranged the placement of cabinets on poles to minimize visibility, in most cases placing a backup battery cabinet above radio equipment boxes. The placement of equipment boxes was coordinated with the review of foliage camouflage and pole block placement to effect the greatest screening and camouflage of cabinets. On the majority of poles, cabinets are facing the street to eliminate visibility from adjacent homes while the remainder have been rotated 90 degrees from the street either to avoid light standards or to take advantage of existing foliage. F. Design: AT&T Engineers Streamlined Design to Eliminate "Goal Posts," Allow for Single Vertical Antennae and Remove Battery Back - Up if Warranted; The Minimalist Design. AT&T engineers reevaluated the DAS proposal with an eye towards developing the most diminutive design that would continue to provide personal wireless services to the identified coverage area. Ultimately, AT&T engineers developed a slimmed -down version of the DAS that significantly reduces the aesthetic impact while only slightly limiting function as described below. AT&T looked at various options, including surface mounting, undergrounding and eliminating battery back-ups. Antenna Array The DAS design initially proposed by AT&T would have allowed additional wireless service providers to use the AT&T DAS. To address concerns raised in the initial ARB hearing, AT&T engineers determined that one of the proposed antenna arrays on each pole could be removed from the submitted DAS design. With this design, a single two foot tall by 18 inch diameter cylindrical antenna array would be placed on a six foot pole top extension (as required by the City to provide separation from power lines). This design eliminates the ability of other wireless providers to use DAS, but was unanimously preferred by the HRB and ARB and approved by the Director. A photosimulation of the single antenna design is attached as Exhibit E. Received Wed 1/18/2012 12:16 PM via email. Planning Staff did not have time to review this document prior to the packet distribution. Palo Alto City Council January 18, 2012 Page 10 of 15 2. Radio Cabinets AT&T engineers reviewed and reaffirmed that the proposed radio cabinets cannot be combined or narrowed without excessively increasing the length and bulk of the proposed cabinetry. Similarly, a reevaluation of ground -mounting and undergrounding confirmed that the narrow Palo Alto planting strips simply could not accommodate pole proximity and clearance requirements nor venting and access requirements without creating insurmountable safety, aesthetic and operational obstacles. AT&T was unable to offer Palo Alto a DAS design that includes ground -mounted, underground or further combined radio cabinets. The components of the proposed AT&T DAS equipment are shown in Exhibit F. 3. Battery Back -Ups In keeping with stated policies of the FCC and industry standards, AT&T developed its wireless networks planning for continued operation in times of power outages. More and more, the public relies on cell phones for emergency communications in times of crises that often include power outages. With respect to its design review, AT&T proposed to the ARB that, initially, certain nodes could be installed without battery boxes. The ARB actively considered this issue and ultimately unanimously elected to retain battery boxes for all pole installations. This conclusion was affirmed by the Director's Approval. It should be noted, however, that the HRB approved one pole location, at 1248 Waverly Street, one day prior to the ARB's recommendation, in Professorville without battery back-up. The City Council may elect to include battery back-up at this location as well. The design recommended by the HRB and the ARB and approved by the Director represents the best efforts of AT&T to meet the critical comments of the ARB, Planning Division staff and public in reviewing the DAS proposal. As revised, the AT&T DAS design, as noted above, fully complies with the required findings of the Director's Approval of architectural review for the AT&T DAS project. III. Specific Review of Appeals Four appeals were timely received following the Director's Approval of the 20 poles for the AT&T DAS proposal. Two of the appeals, the Coxe and Rantz appeals, ask that you reject the AT&T DAS proposal in favor of alternative technologies or delay it pending development of a comprehensive wireless plan for Palo Alto. As noted above, neither of these stated grounds for appeal are within the scope of this Council's review of the Director's Approval. Further, as noted, granting either appeal on these grounds would violate state and federal law as set forth above. Received Wed 1/18/2012 12:16 PM via email. Planning Staff did not have time to review this document prior to the packet distribution. Palo Alto City Council January 18, 2012 Page 11 of 15 The other two appeals, the Bishop and Sumida-Riker appeals, ask that you reject specific pole locations adjacent to their homes in favor of other alternative pole locations closer to other homes. As noted above, each pole location has been selected following a thorough aesthetic review, and through consultation with staff and review by the ARB, AT&T identified the pole with the least aesthetic impact to the community. While there are alternatives to the poles referenced in these two appeals, the selected poles represent the consensus of AT&T, Planning Division staff, the ARB and the Director that the selected poles meet the required architectural review project findings. Our review of the specific appeals is set forth below. A. Appeals Based on Prerequisite of Comprehensive Wireless Plan or Alternate Technology Exceed Scope of Council Review of Architectural Review Project and if Granted, Would Exceed Council Authority under State and Federal Law. Coxe Appeal The Coxe appeal restates arguments presented to the ARB on August 4, 2011, and December 8, 2011, that "there are alternatives to AT&T's DAS proposal that would provide equivalent improvements to wireless service"2 and that the AT&T DAS proposal should be rejected pending Council approval of "a wireless communicaiton [sic] facilities master plan".3 In particular, the Coxe Appeal promotes Wi-Fi, using technology developed by two companies which have received funding from Mr. Coxe's investment firm, Sutter Hill Ventures, for whom Mr. Coxe is a Managing Director.4 In response to Mr. Coxe's presentations, AT&T advised the ARB that while it uses Wi-Fi to deliver service in certain situations, it is not a viable alternative to the proposed DAS project to provide enhanced voice and data services to Palo Alto. In any case, as clearly set forth above, federal law precludes Palo Alto from dictating the technology to be used by AT&T to provide personal wireless services to its residents. This prohibition applies both to Mr. Coxe's effort to have the City require the use of alternative technologies such as Wi-Fi and to his effort to require compliance with a theoretical future comprehensive master plan. Finally, Mr. Coxe's stated grounds for appeal are beyond the scope of the City Council's review of the Director's Approval of this architectural review project, which, as noted above, is properly limited to design issues and not to permitted use, which would only apply if a CUP were required. This appeal should be rejected not only to avoid conflict with federal law but also to avoid exceeding the scope of review. 2. Rantz Appeal The Rantz appeal (like the Coxe appeal) urges the City Council to deny AT&T's DAS application until after the City of Palo Alto has adopted a comprehensive wireless 2 Letter from Patrick P. Gunn to Curtis Williams, December 29, 2011, p. 2. 3ld.at3. 4 See http://www.shv.com/team/coxe.html. Received Wed 1/18/2012 12:16 PM via email. Planning Staff did not have time to review this document prior to the packet distribution. Palo Alto City Council January 18, 2012 Page 12 of 15 master plan. In her appeal, she states "My personal opinion is that the City should require AT&T to install larger transmitters, but place them on top of the higher commercial buildings within city limits".5 As set forth above, federal law precludes Palo Alto from dictating the technology to be used by AT&T to provide wireless service to its customers. Indeed, it is in part due to potential provincial concerns such as Ms. Rantz's preference for macrocells versus Mr. Coxe's preference for Wi-Fi that federal law preempts local control over preferred technologies for the delivery of radio frequencies under license from the FCC. Finally, Ms. Rantz's stated grounds for appeal, like those of Mr. Coxe, are beyond the scope of the City Council's review of the Director's Approval of this architectural review project. The Rantz appeal also questions whether the DAS facilities will comply with the PAMC noise requirements. As discussed above, Planning Division staff, the HRB, the ARB and the Director have all favorably evaluated the noise impacts of the AT&T proposal. The H&E Acoustic Report cited above confirms that AT&T's DAS project "will comply with that city's standards limiting acoustic noise emission levels." The City and Ms. Rantz are further protected by Condition 13 of the Director's Approval, which requires post -installation acoustic testing of the AT&T DAS facilities to confirm compliance with PAMC noise standards. To avoid conflict with federal law, to avoid exceeding the scope of its review and in keeping with the noise findings of the HRB, ARB and Director, we encourage the City Council to reject the Rantz Appeal. B. Appealed Poles Approved Under Architectural Review Board Established Criteria Bishop Appeal In her appeal, Ms. Bishop expresses concern over the placement of the DAS node at 1880 Park Boulevard, primarily due to "many unknowns regarding the health impact of long-term exposure to cellular technology"6 and their effect on property values. She asks that the site be moved to a site across the street from 1960 Park Boulevard, which is adjacent to an evergreen tree as opposed to the two sycamore trees that bracket the utility pole at 1880 Park Boulevard. As the City Council is well aware, the Telecommunications Act of 1996 bars local jurisdictions from denying an application for a wireless telecommunications facility based on the environmental effects of radio frequency emissions (47 U.S.C. §332(c)(7)(B)(iv)). The federal preemption applies whether local decisions are directly based on emissions or indirectly based on a proxy such as property values. Thus, "concern over the decrease in property values may not be considered as substantial evidence if the fear of property value depreciation is based on concern over the health s Letter from Paula Rantz to the City of Palo Alto, December 22, 2011, p. 2. 6 Letter from Stacey Bishop to the City Council, December 22, 2011, p. 2. Received Wed 1/18/2012 12:16 PM via email. Planning Staff did not have time to review this document prior to the packet distribution. Palo Alto City Council January 18, 2012 Page 13 of 15 effects caused by RF emissions." See AT&T Wireless Services of California LLC v. City of Carlsbad, 308 F.Supp.2d 1148, 1159 (S.D. Cal. 2003). AT&T conducted an aesthetic review of a total of five poles for this DAS location and found three that were feasible in its original assessment. The 1880 Park Boulevard location was selected as the aesthetically preferred location through the comprehensive AT&T aesthetic analysis based upon the comments and guidelines provided by AT&T to the ARB at its August 4, 2011, meeting. This pole was selected because it is well screened by tree canopy in both directions. A photosimulation of the proposed AT&T DAS facility at 1880 Park Boulevard is attached as Exhibit G. This location was selected over the originally proposed 1920 Park Boulevard location which is a corner location disfavored by the ARB. The 245 Leland Avenue location was disfavored as the combination of distance and tree cover at antenna height would limit this location's ability to provide necessary radio signal coverage. In her appeal, Ms. Bishop asks that the 1880 Park Boulevard pole site be relocated to a pole located opposite 1960 Park Boulevard adjacent to Peers Park. In response to the Bishop Appeal, AT&T evaluated the proposed 1960 Park Boulevard pole location. The alternative pole proposed at 1960 Park Blvd is a 45 foot tall pole owned by the City of Palo Alto with a street light and no electrical or telephone utilities attached. Immediately adjacent to this pole stands a 75 foot heavily branched pine tree. Unfortunately, the tree stands directly in the line of sight between the pole and AT&T's required coverage objective for this node. In other words, to accommodate coverage from this location, a minimum 90 foot pole would be required, exceeding applicable height limits. (The alternative of cutting down the pine tree was not seriously considered.) As a result, this pole is not a feasible alternative for the proposed DAS location at 1880 Park Boulevard. Based on the federal preemption of local decisions based on the environmental effects of radio frequency emissions and the well -reasoned decision of the ARB and the Director that the proposed 1880 Park Boulevard location is the aesthetically preferred location for this DAS facility, we ask that you reject the Bishop Appeal. In the alternative, the 1920 Park Boulevard location can be used; however, it was disfavored by the ARB due to its exposed corner location. 2. Sumida-Riker Appeal The Sumida-Riker appeal objects to the placement of an AT&T DAS facility on the utility pole located at 2704 Louis Road. The appeal cites numerous concerns, none of which relate to the design or aesthetics of the proposed AT&T DAS pole attachments. Primarily, the appeal objects to AT&T's use of this pole claiming there is no "significant gap" in coverage due to the wireless facility of another wireless provider located over one half mile away in a church steeple. In addition, the Sumida-Riker Appeal alleges that placement of AT&T DAS equipment on this utility pole will be unsafe and cites a caution on the plans for the facility that warns against commencing construction prior to locating other utilities in the area of the pole or determining the depth of the existing pole Received Wed 1/18/2012 12:16 PM via email. Planning Staff did not have time to review this document prior to the packet distribution. Palo Alto City Council January 18, 2012 Page 14 of 15 substructure. In each case, the alleged grounds for the Sumida-Riker Appeal are beyond the Council's scope of review for this architectural review project. AT&T conducted an aesthetic review of a total of seven poles for this DAS location and found five that were feasible in its original assessment. The 905 Amarillo Avenue location originally proposed by AT&T was determined after AT&T's comprehensive aesthetic review to lack any tree screening and to be prominently located in front of a second story window. In contrast, the site selected at 2704 Louis Road is located between properties (not in front of any single residence) on a major road and has trees that will provide screening from pedestrian views in both directions. A photosimulation of the proposed DAS Facility at 2704 Louis Road is attached as Exhibit H. Other poles fielded in this area either were located on a corner, in front of a second story window, lacked screening from street trees or required extensive hedge trimming to provide clearance for the proposed AT&T DAS equipment. The 2704 Louis Road location was selected by AT&T staff, Planning Division staff, the ARB and the Director as the aesthetically preferred location for this pole. As noted above, the City's architectural review of AT&T's proposed DAS project simply does not address the issue of coverage gaps in the vicinity of individual utility poles. Even if the gap in coverage were relevant to the City Council's review of AT&T's DAS application, it is well established that a wireless provider has the authority under federal law to fill gaps in coverage in its own network irrespective of coverage from other wireless providers.7 In any case, relocating the AT&T DAS facility from 2704 Louis Road location to appellants' proposed church steeple over one half mile away would not provide the necessary coverage for AT&T's facility in this location. In sum, the alleged doubts about AT&T's need for this node are completely irrelevant to the City Council's evaluation of the architectural review findings for the AT&T DAS project. Similarly, the allegations in the Sumida-Riker appeal regarding the engineering and structural integrity of the AT&T attachments to the utility pole and of the utility pole itself at 2704 Louis Road are unfounded and irrelevant to the City Council's decision. As noted above, attachment of telephone equipment on utility poles is highly regulated by California Public Utilities Commission General Order 95, which requires compliance with comprehensive requirements for the structural integrity of utility poles. Upon installation of AT&T equipment on the utility pole at 2704 Louis Road, the pole and all attachments are inspected by AT&T and City of Palo Alto Utilities inspectors to confirm that the structural integrity of the pole and attachments will fulfill necessary standards for structural loading, wind loading and seismic integrity. These standards apply wherever AT&T places equipment on utility poles throughout the State of California and will be fully complied with before installation of AT&T's DAS facility at 2704 Louis Road. ' See Shot Clock Ruling, q 56. Received Wed 1/18/2012 12:16 PM via email. Planning Staff did not have time to review this document prior to the packet distribution. Palo Alto City Council January 18, 2012 Page 15 of 15 Conclusion AT&T has worked diligently and cooperatively with the City of Palo Alto to identify an aesthetically acceptable and environmentally sensitive design to provide needed wireless service to Palo Alto residents. Through a rigorous aesthetic and design review initiated by ARB and community comments, AT&T has retooled its application to produce a sleek, minimalist design for its facilities that takes maximum advantage of natural tree screening. The Director's Approval of AT&T's architectural review project complement AT&T's rights under state and federal law to provide wireless services through the use of telephone poles in City public rights -of -way in keeping with review requirements under the PAMC. All of the Appeals fail to acknowledge the limited scope of this Council's review and the limitations under federal and state law of local jurisdictions' authority to regulate the provision of wireless services and must be rejected. In addition, the Bishop Appeal and Sumida-Riker Appeal must be rejected in light of the comprehensive aesthetic evaluation of AT&T DAS pole locations which led to the unanimous recommendation of the ARB and approval of the Director of these pole locations as aesthetically preferred for the placement of AT&T's DAS facilities. We encourage you to take this final step toward approval of a thoroughly reviewed and much -needed expansion of AT&T wireless services for the City of Palo Alto. Very truly yours, Paul B. Albritton cc: Curtis Williams Donald Larkin, Esq. Schedule of Exhibits: Exhibit A: Alternative Aesthetics Fielding Analysis Exhibit B: Acoustic Report of Hammett & Edison, Inc., Consulting Engineers, November 1, 2011 Exhibit C: List of Names and Comments of AT&T Wireless Supporters Exhibit D: AT&T Customer Postcard Exhibit E: Photosimulation of Single Antenna Design Exhibit F: Components of an AT&T DAS Facility Exhibit G: Photosimulation of Proposed DAS Facility at 1880 Park Boulevard Exhibit H: Photosimulation of Proposed DAS Facility at 2704 Louis Road Received Wed 1/18/2012 12:16 PM via email. Planning Staff did not have time to review this document prior to the packet distribution. Alternative Aesthetics Fieldinq Analysis FID Design_Sta Sector Node_n CNU_NUM Lat_Pole Long_Pole Pole_Ht PA_Pole_no Locations Fielding Notes Feasible - This pole is between properties and is well screened by a tree canopy from both directions. It is offset from the 2nd story the 16 in -design A N18A CCU1332 37.442849 -122.147307 48' 5508 1345 Webster St near Melville Ave windows of 1345 Webster. Feasible - This pole has no tree cover in either direction on thou pole. Also, secondary power drops and riser will have to be moved in order to alternate A N18A CCU1332 37.443030 -122.147630 5509 SD 610 Melville Ave attach the antennas. Feasible - This pole is set between 1345 & 1357 Webster which both have 2nd story windows and is located next to a driveway. This makes alternate A N18A CCU1332 37.442690 -122.147080 5507 1357 Webster St it a poor choice aesthetically. Feasible - This Pole is next to alley way with tree screening on 3 27 in -design A N29A CCU1332 37.441226 -122.151138 51' 5594 Waverly St & Whitman Ct (opposite 1221 Waverly) sides. Feasible - This pole has no tree screening and has a power conductor alternate A N29A CCU1332 37.441440 -122.151500 5593 1220 Waverley St on pole top. These factors make it an aesthetically poor choice. Feasible - This is a corner pole with some tree screening. While alternate A N29A CCU1332 37.441630 -122.151830 5592 1146 Waverley St feasible corner poles are not preferred by the City. Feasible - There is no tree screening on the pole. However, small trees do provide some screening from pedestrian view in both directions. alternate A N29A CCU1332 37.441010 -122.150830 5595 1248 Waverley St Also, this pole has a transformer on it. alternate A N29A CCU1332 37.440770 -122.150440 5596 1300 Waverley St Feasible - This is a corner pole and has no tree screening. ease e - I his pole is between properties set near back yard. Although, there is no tree screening on the pole itself, there are large trees on surrounding properties that prevent neighbors from seeing the equipment. This makes it a better choice than the other 7 in -design A N8A CCU1332 37.444021 -122.151367 51' 5320 525 Lincoln Ave near Cowper St 3 alternatives. Feasible - This pole is set between property, but has no tree screening. Also, there is little screening from the 2nd story window of 538 Lincoln. Finally, there is a transformer on pole. This maybe a aesthetically poor alternate A N8A CCU1332 37.444360 -122.151090 5319 539 Lincoln Ave choice. Feasible - There is very little tree screening on this pole in one direction and no screen in the other direction. It's also closer to Addison alternate A N8A CCU1332 37.444640 -122.150770 5318 595 Lincoln Ave Elementary school. Feasible - This is a corner pole that has no tree screening. Additionally there is already a battery box attached to the pole for CATV. This is an alternate A N8A CCU1332 37.443620 -122.151860 5544 467 Lincoln Ave aesthetically poor choice. Feasible - This is a corner pole, but there is a large tree that 26 alternate B N28A CCU1332 37.437674 -122.145639 52' 4830 1664 Waverley St Lowell Ave provides great screening. reasuble -this pole is between properties and aBhough there are no trees next to the pole to provide screening there is a very large trees on the adjacent properties that provide screening from the in -design B N28A CCU1332 37.437913 -122.145953 46' 4829 1650 Waverley St homes. Feasible - There is a large tree that provides screening on the adjacent property. However, the birch tree across the street may provide limited alternate B N28A CCU1332 37.437497 -122.145288 4831 SD 370 Lowell Ave on Waverley St screening from the 2nd storywindows. Feasible - This pole is between homes, but there is no tree screening alternate B N28A CCU1332 37.438044 -122.145241 4635 415 Lowell Ave and the equipment will be visible to 2nd story across the street. alternate B N28A CCU1332 37.437345 -122.145928 4636 353 Lowell Ave Feasible - This pole has no tree screening and has a transformer on it. Feasible - This is a dead end pole with no tree screening. It will be visible from 2nd Story window and balcony of the adjacent property. alternate B N28A CCU1332 37.437127 -122.146145 4637 335 Lowell Ave This is a aesthetically poor choice. Feasible - This pole has no tree screening and is 25' from the front 36 alternate B N39A CCU1332 37.439950 -122.142882 42' 4758 1700 Webster St near Lowell Ave entrance of 1700 Webster. Feasible - This pole is between properties and has a good tree screening in both directions. However, it is located next to the in -design B N39A CCU1332 37.439790 -122.142650 ? 4759 1720 Webster St driveway of 1720 Webster which is set back approx. 80from pole. Not feasible - This pole is inadequate in height and will not address the coverage gap. Also, the big redwood tree 15' from pole will block the alternate B N39A CCU1332 37.439700 -122.142320 4761 1745 Webster St intended coverage area. alternate B N39A CCU1332 37.440110 -122.143240 4757 569 Lowell Ave Feasible - This is a corner pole and there is very little tree screening. Feasible - This is a corner pole, but it is well screened by a big oak 3 alternate B N4A CCU1332 37.440453 -122.146846 38' 5559 474 Churchill Ave Cowper St tree. Feasible - This pole is between properties and is well screened by trees in 3 directions. There is a Lawn Bowling Club across the in -design B N4A CCU1332 37.440200 -122.147020 ? 5428 464 Churchill Ave street. This is a good candidate. Feasible - This pole is between properties but is next to a driveway. Trees only provide screening in one direction and there is transformer with a 4" secondary power riser on pole. This will impact climbing alternate B N4A CCU1332 37.440740 -122.146450 5429 528 Churchill Ave space. This is aesthetically not a good candidate. Not Feasible - This pole is adjacent to Lawn Bowling Club. There is no tree screening in either direction and a big redwood tree is blocking the alternate B N4A CCU1332 37.440550 -122.147030 5558 1499 Cowper St intended coverage area. Not Feasible - This pole is between properties but next to a driveway. alternate B N4A CCU1332 37.110110 -122.146210 5560 1550 Cower St Also, a big redwood tree is blocking the intended coverage area. Feasible - This pole is between properties and is very well screen in 9 in -design C N10B CCU1332 37.439805 -122.155517 425' 5703 179 Lincoln Ave near Emerson St 3 directions by trees. Feasible - This pole is between properties and has a little screening alternate C N10B CCU1332 37.439670 -122.155750 5704 151 Lincoln Av from pedestrian view from both directions. Not Feasible - This is a corner pole that has a little tree screening. However, there are high voltage transmission line on pole that can not alternate C N10B CCU1332 37.439900 -122.155360 5684 1102 Emerson ST be moved. alternate C N10B CCU1332 37.440010 -122.155470 5686 189 Lincoln Av Not Feasible - This is a corner pole and has no tree screening. Feasible - This pole is well screened by a large oak tree on top and 12 in -design C N14A CCU1332 37.437427 -122.151262 42' 5750 1401 Emerson St near Kellogg Ave hedges below. Feasible - This pole is between properties, but there is no tree screening and it's next to a driveway. Additional there is a transformer on pole with 2 - 2" risers and another 1 - 4" power riser. Which will eat alternate C N14A CCU1332 37.437240 -122.151010 5749 1429 Emerson St up climbing space. Feasible - This is a corner pole with very little screening. It's also close alternate C N14A CCU1332 37.437720 -122.151640 5751 255 Kellogg Av to Castilleja School. Feasible - This pole is between properties and is well screened by a tree. However, it may be visible from windows of 159 Kellogg & 1360 alternate C N14A CCU1332 37.437390 -122.151950 5743 159 Kellogg Ave Emerson. Received Wed 1/18/2012 12:16 PM via email. Planning Staff did not have time to review this document prior to the packet distribution. Alternative Aesthetics Fielding Analysis Feasible - This pole is between properties, but has a little screening 15 alternate C N17A CCU1332 37.435161 -122.150050 33' 1086 119 Coleridge Ave near Alma St by an evergreen in front of 119 Coleridge. Feasible - This pole is near a corner of Alma St which is a major thoroughfare. There is a tree canopy which will provide adequate in -design C N17A CCU1332 37.434930 -122.150340 ? 6939 109 Coleridge Ave screening in the direction away from Alma St. Feasible - This pole is between properties, but may be viewable outside of the 2nd story window of 127 Coleridge. Also, it has transformer and alternate C N17A CCU1332 37.435390 -122.149860 1085 133 Coleridge Ave 4" power riser. Feasible - There is a large oak tree that will provide screening to this pole. However, it is close to the walkway to the front entrance of 151 alternate C N17A CCU1332 37.435640 -122.149670 1083 151 Coleridge Ave Coleridge and has a transformer and power riser. Not Feasible - Although this corner pole is on a major thoroughfare, alternate C N17A CCU1332 37.434940 -122.150370 0996 SD 109 Coleridge Ave on Alma St there are high voltage transmission lines that will not be able to move. 11 alternate A N13A CCU1332 37.434988 -122.144240 52' 4891 1865 Bryant St Seale Ave Feasible - This corner pole is well screened by the tree cano reasible. I nis pole is well screened in botO directions by trees. However, it is next to driveway of 1837 Bryant, but is away from windows. It will requires primary conductor be moved from pole top to make room for antenna and there is a transformer on the in -design A N13A CCU1332 37.435280 -122.144620 ? 4892 1851 Bryant St Dole. Not Feasible - This pole is on the side of a property, but it has no tree alternate A N13A CCU1332 37.434910 -122.143950 4891 SD 310 Seale Ave screening and has no space to attach the equipment. Feasible - This pole is next to a drive way and will be visible from 2nd alternate A N13A CCU1332 37.434720 -122.144440 4677 1854 Bryant St story houses. Also, there is a transformer on pole. Feasible - This pole is in front of a house and will be visible from the 2 story window. There is some tree coverage up and down the street. alternate A N13A CCU1332 37.435210 -122.144040 4676 311 Seale Ave Also, there is a transformer and 1-4" secondary power riser. Feasible - This pole is between properties and has tree screening in both directions. However, it is next to a drive way and is visible 31 alternate A N34A CCU1332 37.432161 -122.144872 43' 1036 135 Rinconada Ave near Alma St from the 2nd story window of 130 Riconada Ave. Feasible - This pole is near the corner of Alma St which is a main thoroughfare. There is some tree screening and trees will provide in -design A N34A CCU1332 37.431870 -122.145320 ? 1038 105 Rinconada Ave screening in the direction away from Alma St. Feasible - This pole is next to a drive way and there is no tree alternate A N34A CCU1332 37.432090 -122.145130 1037 111 Riconada Ave screening. Feasible - This pole is next to a drive way and there is no tree alternate A N34A CCU1332 37.432690 -122.144680 1034 151 Riconada Ave screening. Feasible - This pole is located in front of the garage for 255 & 275 driveway, away from any windows. Trees will provide some 4 in -design A N5B CCU1332 37.431963 -122.140278 44' 4717 255 N California Ave near Ramona St screening to the pole from both directions. Feasible - This is a corner pole, but is partially screened by a tree alternate A N5B CCU1332 37.431710 -122.140470 4909 255 N. California Av canopy. Feasible - This pole is close to a corner and close to the front walkway alternate A N5B CCU1332 37.431540 -122.140320 4908 2255 Ramona St of the adjacent property. Also, there is a transformer on the pole. Feasible - This corner pole is located next to the First Baptist church. It alternate A N5B CCU1332 37.432380 -122.139970 4878 305 N. California Ave has no tree screening. Feasible - This pole is located in front of the First Baptist church. It has alternate A N5B CCU1332 37.432583 -122.139776 305 N. California Ave no tree screening. Not Feasible - This pole has no space to attach any equipment. There is a transformer, a secondary power riser, CATV & phone risers on pole alternate A N5B CCU1332 37.432170 -122.139660 4877 2257 Bryant St on it. Feasible - This is a corner pole and is not screened by a tree 37 alternate B NIB CCU1332 37.434636 -122.140881 45 4848 2110 Waverley St at Santa Rita Rd canopy. Feasible - This pole is on the side of the property and is screened in both direction by a tree canopy. Transformer is a transformer but in -design B NIB CCU1332 37.434907 -122.140654 425' 4692 SD 2101 Waverley St on Santa Rita Rd the pole has adequate space to meet our requirements. Not Feasible - This pole is not well screen by a tree canopy, is visible from he 2nd story window, and the tree next to it encumbers work alternate B N1B CCU1332 37.434337 -122.141220 4691 350 Santa Rita Rd space. Feasible - This pole is between properties, but is not screened by a tree alternate B N1B CCU1332 37.434831 -122.141243 4847 2050 Waveily St canopy and is visible from 2nd story houses. Not Feasible - This pole is between properties, but next to a drive way alternate B N1B CCU1332 37.434465 -122.140466 4849 2122 Wuverly St and has no space available to attach our equipment. Not Feasible - This pole does not have adequate space to attach our alternate B N1B CCU1332 37.435141 -122.140415 4693 SD 2101 Waverley St on Santa Rita Rd equipment. There is a load/repeater on it and it's next to a driveway. Feasible - This pole is between properties and is screen in both 18 in -design B N20A CCU1332 37.435182 -122.135527 46' 4781 2326 Webster St near Oregon Ave directions by a tree canopy. Feasible - This pole is only partially screened by a tree canopy. Also, it moves the node away from intended coverage and may cause a gap in alternate B N20A CCU1332 37.434905 -122.135206 4782 2344 Webster St coverage. Feasible - This pole is between properties but it has no tree screening alternate B N20A CCU1332 37.435314 -122.135875 4780 2280 Webster St and is next to a driveway. Feasible - This pole is between properties but it has no tree screening alternate B N20A CCU1332 37.435534 -122.136151 4779 2250 Webster St and is next to a driveway. Feasible - This pole is well screened on all side by a substantial tree canopy which includes and evergreen. It is on Oregon Expwy 8 in -design B N9A CCU1332 37.437441 -122.131095 38' 3095 Oregon Expressway near Ross Rd which is a major thoroughfare and is not located in a back yard. Not Feasible - Pole is located in the residents backyard and will not be alternate B N9A CCU1332 37.437126 -122.131280 R 755 Coastland Dr on Oregon accessible. Has abundant tree cover. Not Feasible - Pole is located in the residents backyard and will not be alternate B N9A CCU1332 37.437699 -122.130712 R 767 Coastland Dr accessible. Has abundant tree cover. Not Feasible - Pole is located in the residents backyard and will not be alternate B N9A CCU1332 37.437867 -122.130517 SD 2410 Ross Rd on Oregon accessible. Has tree cover but not on the side facing resident. Feasible - This pole is located to on the side of a house and currently well screened by 30juniper that tapers in diameter from the ground up. The battery cabinet would be less visible if place lower on the pole. The equipment should be mounted on the east 19 in -design C N21A CCU1332 37.442083 -122.125762 38' 6882 968 Dennis Dr near Burnham Way side of the pole and will be screen from the 3 other directions. Not Feasible - The Ash tree will block intended coverage area but does not provide much screening. Also this pole is located in a resident's alternate C N21A CCU1332 37.442340 -122.126162 Rear of 2424 Burnham Way backyard and will not be accessible. Received Wed 1/18/2012 12:16 PM via email. Planning Staff did not have time to review this document prior to the packet distribution. Alternative Aesthetics Fielding Analysis Not Feasible - Pole is located in the residents backyard and will not be accessible and will not provide much screening of equipment from alternate C N21A CCU1332 37.441908 -122.125499 Rear of 2460 Burnham Way residents or view from the street. Feasible - Redwood trees block intended coverage area, but does not provide screening. Also, this pole is located next to a driveway and alternate C N21A CCU1332 37.441708 -122.125234 2480 971 Celia Dr would be a poor choice aesthetically. Not Feasible - Pole is located in the residents backyard and will not be accessible and will not provide much screening of equipment from alternate C N21A CCU1332 37.442090 -122.126437 Rear 959 Dennis residents. Transformer pole. Feasible - This pole is not screened by the tree canopy and is 2 alternate C N3A CCU1332 37.438625 -122.124878 42' 5" 4209 905 Amarillo Ave Louis Rd visible from 2nd story window. Feasible - This pole is between properties on a major road and has in -design C N3A CCU1332 37.438154 -122.124542 ? 2455 SD 2704 Louis Rd trees that will provide screening along both pedestrian direction. Not Feasible - This pole is on the side of a house and has some tree coverage but is near a corner. Also, there are high voltage lines cannot be relocated in order for us to attach our antennas along any pole on alternate C N3A CCU1332 37.438630 -122.125048 3204 SD 905 Amarillo Ave on Louis Rd the north side of Louis Rd. Feasible - This pole is in front of the 2nd story windows of the adjacent alternate C N3A CCU1332 37.438472 -122.125102 2453 SD 896 Fielding Dr on Louis Rd property. There is some tree coverage from one viewing direction. Not Feasible - This pole is in-between properties and next to a VRAD. There is some tree screening from one direction. Also, there is a high alternate C N3A CCU1332 37.438353 -122.124903 2454 2692 Louis Rd power disconnect on pole. So, it's not the best candidate. Feasible - This is a corner pole that has no tree screening and is in front alternate C N3A CCU1332 37.438698 -122.125416 3114 SD 893 Fielding Dr on Louis Rd of 2nd story storywindows. Which makes it an a aesthetically poor choice. Feasible - This is a well screened pole; however, placement of the equipment will require the removal of 6' of hedge in front of the alternate C N3A CCU1332 37.438863 -122.125693 3140 SD 898 Moreno Ave on Louis Rd resident's house. Therefore, this would be a poor choice. Feasible - This pole is well hidden on the residential side of the pole within the tree canopy. If we facing the equipment towards the 6 in -design C N7A CCU1332 37.443959 -122.122881 36' 4087 1082 Cardinal Way near Aztec Way houses, the tree will provide more screening. Not Feasible - These poles are well screened; however, they are in alternate C N7A CCU1332 37.443757 -122.122497 R 1092 Cardinal Way backyards and will not be accessible. Not Feasible - This poles are well screened; however, they are in alternate C N7A CCU1332 37.444194 -122.123230 R 2470 Aztec Way backyards and will not be accessible. Not Feasible - There are no trees to provide screening and this location moves the equipment away from intended coverage area leaving a gap alternate C N7A CCU1332 37.444359 -122.123503 4091 1084 Arrowhead Way in coverage. Not Feasible - There are no trees to provide screening and this location moves the equipment away from intended coverage area leaving a gap alternate C N7A CCU1332 37.444615 -122.123604 Poles along W Bayshore Rd in coverage. Feasible - This is a corner pole is across the street from Peers park 0 alternate A N16A CCU1476 37.431276 -122.147727 37 911 1920 Park Blvd on Leland Ave and is partially screened by a tree. Feasible - This pole on the side of a house and across the street from Peers Park. It is well screened by tree canopy in both in -design A N16A CCU1476 37.431469 -122.148059 338' 912 1880 Park Blvd directions. Feasible - This pole is screened by a tree canopy however moves away alternate A N16A CCU1476 37.430973 -122.147970 910 245 Leland Ave from intended coverage and has tree coverage. Not Feasible - This pole is adjacent to Peers Park but the tree canopy alternate A N16A CCU1476 37.431406 -122.147595 914 Opposite of 1920 Park Blvd will block all coverage. Not Feasible - This pole is next to a drive way and the tree canopy will alternate A N16A CCU1476 37.431555 -122.148234 913 1874 Park Blvd block the intended coverage area. Feasible - This corner pole is partially screen in two directions by 14 alternate B N16B CCU1476 37.429408 -122.149329 42' 899 395 Leland Ave t Ash St the tree canopy. Feasible - This pole is located on the side of house. It is partially screened by the tree canopy and moves us closer to intended in -design B N16B CCU1476 37.429833 -122.150286 37' 5" 904 SD 134 Park Blvd on Ash St. coverage. Feasible - This pole is between properties, but does not have any alternate B N16B CCU1476 37.429637 -122.149922 903 SD 390 Leland Ave on Ash St. screening. Also, there is a transformer on the pole. Feasible - This pole is directly outside 2nd Story window of the adjacent alternate B N16B CCU1476 37.429506 -122.149667 902 SD 390 Leland Ave on Ash St. property. Feasible - This pole is located on the side of a house. It is screened in both directions by a tree canopy but moves away from intended alternate B N16B CCU1476 37.429096 -122.148878 900 SD 395 Leland Ave on Ash St. coverage area. Not Feasible - This pole is between properties, but is not screened by a tree canopy and is visible to the 2nd story windows across the street. alternate B N16B CCU1476 37.429096 -122.149515 901 419 Leland Ave Also, there is no space to attach our equipment. Not Feasible - This pole is at the end of a Cul-de-sac but has no tree alternate B N16B CCU1476 37.428878 -122.149708 998 441 Leland Ave screening. Also, there is no space to attach our equipment. Received Wed 1/18/2012 12:16 PM via email. Planning Staff did not have time to review this document prior to the packet distribution. AT&T Mobility • Proposed Distributed Antenna System Palo Alto, California Statement of Hammett & Edison, Inc., Consulting Engineers The firm of Hammett & Edison, Inc., Consulting Engineers, has been retained on behalf of AT&T Mobility, a personal telecommunications carrier, to evaluate its distributed antenna system proposed to be located in various locations in Palo Alto, California, for compliance with appropriate guidelines limiting sound levels from the installation. Executive Summary AT&T proposes to install a number of DAS nodes on power and light poles at various locations in Palo Alto. Noise levels from the equipment mounted on the poles will meet the City's limits on noise emissions. Prevailing Standard The City of Palo Alto sets forth limits on sound levels in Chapter 9.10 (Noise) of its Municipal Code, specifying the following limits on increases in noise levels originating from property in the zones indicated: Originating Land Use Maximum Increase Assessment Location Reference Residential 6 dBA at property line §9.10.030 Commercial/Industrial 8 dBA at property line §9.10.040 Public 15 dBA 25 feet away §9.10.050 The reference "local ambient" level, for evaluating the possible increase, is defined in §9.10.020 to be no less than 40 dBA. Figure 1 attached describes the calculation methodology used to determine applicable noise levels for evaluation against the prevailing standard. General Facility Requirements Wireless telecommunications facilities ("cell sites") typically consist of two distinct parts: the electronic base transceiver stations ("BTS" or "cabinets") that are connected to traditional wired telephone lines, and the antennas that send wireless signals created by the BTS out to be received by individual subscriber units. The BTS are often located outdoors at ground level and are connected to the antennas by coaxial cables. The BTS typically require environmental units to cool the electronics inside. Such cooling is often integrated into the BTS, although external air conditioning may be installed, especially when the BTS are housed within a larger enclosure. Site & Facility Description According to information provided by AT&T, including data from TE Connectivity, dated October 31, 2011, that carrier proposes to install a Flexwave Prism Model FP4-10000001111RU radio cabinet and HAMMETT & EDISON, INC. eaNscrric rcr rr8s K6ZM .E W SAN I•RANCISco Page 1 of 2 Received Wed 1/18/2012 12:16 PM via email. Planning Staff did not have time to review this document prior to the packet distribution. AT&T Mobility • Proposed Distributed Antenna System Palo Alto, California a FXM-2000 UPS cabinet on the power or light pole below the antennas at each DAS node in Palo Alto, California. Study Results Data provided by TB Connectivity indicates* that the maximum calculated noise levels from this equipment at a distance of 25 feet are as follows: Right Front Left Back 40.0 42.2 40.1 39.5 dBA Adding these levels to the statutory minimum local ambient outdoor level of 40 dBA gives the following results: Right Front Left Back Combined Total 43.0 44.2 43.1 42.8 dBA Noise Increase +3.0 +2.0 +3.0 +3.3 dBA All of the noise increases are well below the City's allowed level, by compliance margins in excess of 10 dBA. Conclusion Based on the information and analysis above, it is the undersigned's professional opinion that the AT&T distributed antenna system nodes proposed to be located at various locations in Palo Alto, California, will comply with that city's standards limiting acoustic noise emission levels. Authorship The undersigned author of this statement is a qualified Professional Engineer, holding California Registration Nos. E-13026 and M-20676, which expire on June 30, 2013. This work has been carried out under his direction, and all statements are true and correct of his own knowledge except, where noted, when data has been supplied by others, which data he believes to be correct. E-13026 -^.1 51 M-20676 C Exp. 6-30-2013 November 1, 2011 * Based on measurements at a distance of 5 feet. William F. Hammhe'tt, P.E. 707/996-5200 e HAMMETT & EDISON, INC. CONSULTING ENGL'�IEEfis K6ZM M `n SANFJ ANCISu) Page 2 of 2 Received Wed 1/18/2012 12:16 PM via email. Planning Staff did not have time to review this document prior to the packet distribution. Noise Level Calculation Methodology Most municipalities and other agencies specify noise limits in units of dBA, which is intended to mimic the reduced receptivity of the human ear to Sound Pressure ("Lp") at particularly low or high frequencies. This frequency -sensitive q filter shape, shown in the graph to the right as defined in the International Electrotechnical Commission Standard No. 179, the American National Standards Institute Standard No. 5.1, and various other standards, is also incorporated into most calibrated field test equipment for measuring noise levels. 30 dBA library 40 dBA rural background 50 dBA office space 60 dBA conversation 70 dBA car radio 80 dBA traffic corner 90 dBA lawnmower 10 0 -I0 -20 -30 -40 -50 -60 -70 F -so L. 10 100 1000 10000 Frequency (I-Iz) The dBA units of measure are referenced to a pressure of 20 µPa (micropascals), which is the threshold of normal hearing. Although noise levels vary greatly by location and noise source, representative levels are shown in the box to the left. Manufacturers of many types of equipment, such as air conditioners, generators, and telecommunications devices, often test their products in various configurations to determine the acoustical emissions at certain distances. This data, normally expressed in dBA at a known reference distance, can be used to determine the corresponding sound pressure level at any particular distance, such as at a nearby building or property line. The sound pressure drops as the square of the increase in distance, according to the formula: where Lp is the sound pressure level at distance Dp and Lp = LK + 20 log(DK/DP), LK is the known sound pressure level at distance DK. Individual sound pressure levels at a particular point from several different noise sources cannot be combined directly in units of dBA. Rather, the units need to be converted to scalar sound intensity units in order to be added together, then converted back to decibel units, according to the formula: where LT is the total sound pressure level and Li LI, L2, etc are individual sound pressure levels. X10 + 10 X LT = 10 log (10 10 + ...), Certain equipment installations may include the placement of barriers and/or absorptive materials to reduce transmission of noise beyond the site. Noise Reduction Coefficients ("NRC") are published for many different materials, expressed as unitless power factors, with 0 being perfect reflection and 1 being perfect absorption. Unpainted concrete block, for instance, can have an NRC as high as 0.35. However, a barrier's effectiveness depends on its specific configuration, as well as the materials used and their surface treatment. 11 HAMMETT & EDISON, INC. CONSULTING ENGINEERS Methodology H.. . F SAN FRANCISCO Figure 1 Received Wed 1/18/2012 12:16 PM via email. Planning Staff did not have time to review this document prior to the packet distribution. Over 1800 (and countirryf gay... Yes! Is upportAlr&T's effort to bring more wireless infrastructure to Palo Alto! Anthea Dokidis Alex Dombovic John Williams Akram Ghazal Alba Holgado Alba Holgado Mikey Lee Andy Protter Roger Vickers Anne Mills Geraldine Prince Akram Ghazal Benyam Mulugeta Brian Lewis Katy Digouch Julie Collan Clark Hobson Cem Kadioghe Ivan Marcin Brian Suckow Rebecca Sales Claude Hamou Jennifer Cochran John Simien Kenneth Wu Carl Mortimer Jon Lipson Darrell Benatar Carol Borie Dominic Borie Zach Hanzel Denis Newman Fred Perry Juan Moya Ernesto A. Santa Gadea--------- Fred Perry Cem Kadioghe Steve Tjiang Dylan Fine Dan Gaton Jennifer Prather Haoyi Wang Roger Vickers Roger Vickers Holly Tran Cem Kadioghe Jeanne Cox Jeanne Cox Jennifer Avila Dewi Faulkner Jonghyeo Lee Jocelyn Sepeda Joe Caporaletti John Debs John Wilson Jonathan Chadmich Josh Rolnick Roger Vickers Todd Logan Joe Antoni Cem Kadioghe Natalie Kerman Ian Bodley Jeremy Harris Alex Dombovic Dick Haney Juan Moya Jose Sanchez Marc Rossner Marcus Aiu Marina Nekhendzy Jennifer Avila MeiVan Lo Melanie LaGory David Rohrsheim Mika Illouz Regina Lo Cem Kadioghe Roger Vickers Caryn Murphy Denis Newman Fernando Novoa Patrick Johnson Paul Havlik Ping Ng Roger Vickers Randy Popp Dan Lind Robert Merritt Ronda Rosner Jeff Rosner Patty Fisher Mirjana Spasojevic Sherrie Holod Sheila Yee Mirjana Spasojevic Steve Broadbent Steve Kurihara Daniel ---------- Grey Caltabiano J. Cohen Suzan Bonakdar Natasha Odama Ted Schachter Taiching Jang Doga Gur Cem Kadioghe Vadim Mashevsky Julio Andrade Victor Lane Vince Mocle Ian Bodley Susan Singleton G. Wong Moham. Seddisee Ramon Zavala Rebecca Moore Joel Berman Gail Foelsch Maria G.Madriz Dennis Starkovich John A.Lawrence Alan Burber Will Radcliffe Claude Hamou Harpal Sandha Suzan Bonakdar Dorothy B.Kelly Konstan. Spektor Ernesto A. Santa Gadea-------- Jonathan Chadmich Kirsten Hamilton Alex Dombovic Silvia Cardenas Marina Nekhendzy Joanna Xiane Thor Fred Moore Vicki Jordan MeiVan Lo Marcia Pugsley Chris Ziegler Connie Scully Joanne Peterson Inder Perkash Chuck Byer Toh Ming Hii Krisi Lee Anne Tran Bedi H David R. Hopkins Carla Isoh Paige Latour Cruz Arriaga Tricia Popky Theresa McMullen Fred Babian Eric Stietzer Jon Hyler Ada Chen Heather A. Busby Ruth Martinez Natalia C. Sainz Tony Sarathchand. Neil Hendin Dawn Mudge Christine Hwang Qiqi Yan Shanshan Duan Galina Karpelevich Blake Chuell Jing Jing Xu Xiaodong Yang Angie Shelton Bob Foley Amato Giaccia Jeanne Giaccia Derek Watry Noushin Shahshahari Monica Durling Ken Durling Sid Chopra Joe Rolfe Al Yau Kevin Guthrie Avinash Shetty Jennifer Wang Peter Naughton Kent Mather Leonard Ely Charles Brown Elaine Andrews Oleta Proctor Clive Hallatt Steve Broadbent Inder Monga Patty Fisher Chandran Ambrose Patrick Gunn Joe Ercolani Bo Piekarshi Lucas Badur Lauren Haney Ann Doran Emrich Stevel Frank Odenthal Victor Garcia Selena Cevik Jenny Han Roberto Cavito Scott Parker Mike Mendelson Stephanie Guo Daryl Richard Al Torres Bea Richard Bevan Wu Andrea Edwards Diana Garrett Tenedra Windom David Breaux Mildred Simon Mark Alloy Kerry Perez Ilaisaane Fifita Eric Anderson Esteban Garcia Jim Foster Aracely Garcia Arlene Nicolas Rene Meyer Puneeth ---------- Pranav Khaitan John Mills Karen Sheills Herine Philippe Andy Nguyen Vincente Juarez Sean Sprinkel Freya Spielberg Alison Blank Camily Yun David Wateska Heesook Yoon Amy Ackerman Randy Peo Catherine Rousteau Ashish Shetty Elizabeth Monchada Ramesh Kruishanah D.A Gray Valentin Gonzalez Yogendra Ram Rick Choroski Michael Tomz Kwan Leung David Nelson -Gal Zoe West Doug Heilman Margot Guis Kathleen Marsh Parnesh Singh Andrew Montelibano Mendel Rosenblum Nick Schaeferle Anthony Tram J Gachina Richard Aill Unice Curiel Loan Hill Andy Coe Randy Charlton Yannique DeVillez Curtis Brooks Eric Vermilion Dawn Hernandez Elizabeth Lemon David Thomas Michel Ouellette Cruz Silva Parke Ballantine John McCutcheon Arne Ballantine Garheng Kong Ward Vercruysse Melissa Kong Yolanda Alvarez Jennifer Lombardi Mario Garcia William Branner James Donnelly Tom Foster Lattice Bennett May Herr Aishah Mason Trina Patterson ShewannaMason Lisa Swagerty Lindsay Riccoboni M Roy Karen Katz Mariela Pinon Mariano Ledesma Cristina Pons Manish Agarwal Received Wed 1/18/2012 12:16 PM via email. Planning Staff did not have time to review this document prior to the packet distribution. Randy Ashford Vivian Lura Sid Fihn Raman Singh Horacio Uribe Heather Dyer Eugenia Vyatchanin Hal Crow Barry Gold Brian Kobilka Lyly Cao Minh Bahram Hashemzad. John Lawrence Geoff Westerfield Peter Christianson Sergio Regot John Berg Nathan Miller R Singleton John Merano Fabia Fay Mavio Ortiz Suzanne Attenborough Lauren St. Onge Deepak Merugu Thomas Arnold Hind Katkhuda Lusijah Rott Vanessa Landaverde Bill Thompson Maria Avelar Ricardo Calderon Barbara Boisserain Mieu Wallin Xiaomu Wu Drew Durham Shao Mei Ou Roopa Mcnealis Chris Chen Caitlin Roberson Alain Debost Haley Mackevich Ruthie Germaine Yun Yang Chris Basssett Bennie Williams Eswar Subramanian Geri Kaialoa JohnathonFrink Angela Shasta Joseph Ng A. Bride Jasmine Cabign Miguel Gonzalez Mark Buonanno Kenzie Seal Sebastian Siweue James Holloway Laura Roberts Colin Burke Y Wang Allan Cummings Julie Mirzabekov Alexis Crews-Holl. Bob Jones Veronica Matovich Donna Nicoletti Larry Gozrulak Frank Conn Bub White Craig Moye Steve Seligman LeAnne Amoroso Kellen Penn Christop. Hassaine Janet Moody Joaquin Cardema Rick McGeary Claudia Byrnes Carl Martin Alex Coville Emily ------- Wing Ko Allen Koh Jairo Orozco David Ray Prerana Vaidya Vickie Cortes Maurice Jeffery Evan James Dan Nelson Eric Bickford Jane Wilson Nancy Rossen Wei Li Terry Wong Robert Loarie Lin Zuo Laura Lockyear Joel Rossen Hanwant Singh Kevin Dang A Pafans Stuart Sawyer Jorge Gonzalez Sharon Cohen Carlos Arellia Aimee Grace Davis Masten Mae Manalo Zina Payman Tony Nolen Walker -------- Matt Wittbralt Mackenz. Masten Sebastian Guerrero Rachel Cohen Rohan Jain Leslie Donahue Priyal Sheih Sione Fifita Tim Howard Abdulaziz Alzouman Alex Smith Ron Hottoug Scott Tran Jennifer Lesser Arvind Sharma C Roberts Matthew Mort Curtis Monetti Gordon Young Henrique Drews Dennis Peery Philipp Wieland Robert Mort Ceraciela Hernandez Sri Chilukurs David Gonzales Maria Carlson Anna Hsuan Joey Coslet Richard Warnock Kristen Burgess Victoria Asbury Ash Patel Chung -Ch. Luon Howard Zebker Kim Moreau Jim Dueltgen Anthony DiViHorio Christine Pearce Rosanna Dong Bonnie Crater Katie Nelson Antonio Medina S. Nancy McMorris Ty Conner Theresa Afzal Jake Guerre Joni Orgu Holly Shah Ghanshy. Rokde Arvin -------- S.K. Ganapathi Kellie Patterson Ron Orgu Philippe Leroy James Zhang Teodours Geonzon Anand Sethuraman Ken To Jeff Closs Taya Harris Sue Bennett Brandon Skerda Bill Schmarzo Roij Strobssner Jose Ornelas Paul McNamara Anatel Raganovich Doug Henry Yulena Navlicek Dan Magnus Thomas Schellenberg Sunny Chen Angel Moreno Meri Gyves Evan Spanner Mary Layne Gregg John Doerr Linda Buicchu Suresh Venkatanan Nipha David Hastian Way Kari Laux Angel Davila Jim Safka Dan Dveusike David Brett Kendall Fisher Andrew McGraw Jonrie Davila Althea Tomijima Kristina Myers Houda Rahim Liz Niccum Kevin Phillips LaDoris Cordell Harry Hanks Daniel Watson Marc Olesen Champu Karasi Taylor Jordan Bennett Woo Alex Wong Randy Ashford Hyder Gowher Barbara Espinar James Weigand Vivek Goyal Annie Mak Ernar Sagati Eli Weininger Deboarah Rane Dylan Flinn Parul Chansoria Erin Mills Greg Pejoro Craig Garst Karyn Venahy Elsa Reddy Prithvi Rai Robert Goyette Sarah Clark Gerard Calixton Jennifer Dias Kelly Doyle Amala Orozeu Yelena Alper Douglas Ko Yaacov Tygibl Lisa Martinez Chanya Thirawarapa. Alor Galvan Cindy Hung Steve Crow Yujia Zhu Gharnae Dickson Hania Faridi Chris Evenhuls Aaron Finnis Alex Tartaglia David Wang Michelle Miller Murad Khan Jose Angel Flores Fred Ebert Addy Satija Alex Jin Gabi Jubran Mindal Singh Carl Mortimer R Byers Tom Jordan Josh Dixon Diane Peterson Stefan Turkowski Sheyanae Maddiya Anne Pasquale Keith Vetto Luke Yancy Alan Newfeld Danny Hernandez Adrain Diaz Stephen Harrison Ignacio Lopez Ashley Tehranchi Beth Weis Abhik Lahiri Sean Gao Yuki Suganara Jesus Noevshor Vivian Shen Hae Jin Lee James Totte Xin Gao Juan Zamora David Dunford Sun Zhang Cem Kadioglu Shana Karp Nima Asgharbeygi Sandi Gill Fang Xie Karly Larson John Lyman Craig Seidel Shayan Ehsani Penelope Stolp Melanie Clark Ilona Lindauer Katie Wilkinson Shmuel Shaffer Elizabeth Burstein Lisa Jack Frederick Alaguisuzian Patrick Collum Lauren Rubin Jane Phillips Matt conger Dora Landeros Gilda Senter Jihyeon Oh Chris Rubin Liz Blackey Dennis Kennelly Ian Tian Kyle Scott YoungdonYoun Cynthia Rowe Robert Munoz Brian Daniker Abhishek Auplia Cheong Heng Jer Jose Valdiosera Linda Edwards Genevieve Munoz Homer Martinez Konstan. Bayandru Elizabeth Alipate Tony Crews Ming Lee Chris Johnson Talayeh Hourmand Gra Denker Weiyang Lim Emily Ma Torsten Hottjeu Mina Xiao Barbara James Dan Sorbi Ella Herbert Jerri Goldman Irene Mamea Anthony Wu Ike Griffin Russel Schwartz Jason Olwer Heewon Park Erica Do Anh Pham Anna Kovaleva Burt Lams Ismerai Arias Jeongsup Shim Chris Gold Abhishek Shiwalkar Ushvesh Jharesi Zach Feinberg Xueshan Feng Gilda Farvid Meagan Carabetta Dillon Consrance Dhruv Jhaveri Tim Cohen Matthew Tripp Amy Crain Chris Greenwood Ramtin Moradi K Yoshinari Prafulla Mishra Anand Prakash Jamie Chang Erdem Guleyvpogly Shirish Patel Uma Welingkar Bill Havlick Melissa Brown Mike Horentte Greg Aikey L.P. Slotnick Natasha Welingkar Andrew Bringley Kristen Barta Roberta Baumgartner George Symons Joel Martinez -Fri. Kevin Hurley Chris McGilvray Geoff Powell Aki Maki Charles Merritt Blanca Cobian Kaire Lu Lisa Beeson Greg Mordecci Xin Qiu Julie Loza Audrey --------- Sahara Velez Rogelio Reyes Curtis Brooks Ruth Cong Edward Sullivan Simon ---------- Jessica Miranda Richard Lee Susan Cours Jose Randon B. Tong Lisa Parkisian Satya Reddy Jon Henderson Jesse Mayberry Francisco Randon Ejung Moon Audrey Mak Markus Liang Jen Henderson Brent Evans Gemma Newlove Lydia Morgan Jason Wang Kejie Pang Mike Stone Carl Jackson Maria Lemus Herman David Ho Nan Rosas Jens Hillen Rosemary Urbina Anton Mezentsev Kikuo Fujimura Viridiana Luna Ali Attane Simione Musika Aliroza Harand Michael Pand Ping Liang Alex Buscaglia Leigh McAilvray Jesus Landa Federico Menapace Jeff Miller Richard Silton Deondre Bess Gary Spanner Nora Raggio Richard Gerauld Charles Brunitsky Lynn Silton Imarius Martin Yidong Torz Gonzalo Silveira Received Wed 1/18/2012 12:16 PM via email. Planning Staff did not have time to review this document prior to the packet distribution. Andrew Mellows Paula Blank Pam Perez Thomas Hoffman Jason Huang Chetana Knight Ben Davenport Patrick Cashmore Jay Chesavage Ronald Bednar Gerald August Elwood Brown Jan Gerritsen Beatrix Cashmore Charles Moses Alison McNall Bruce Gee Curt Weil Thomas Rindfleisch Jay Zhu Eric Stietzel Edith Carrick Francoise Mertz Margaret Weil Bill Rosenberg Mark Pichel Fred Bockmann James Nelson Arthur Khnowski Stephen Rothenberg Marc Bishop Michael Braun Dan Chernitoff Beverly Nelson Bing Zhang Gary Rudd Nerissa Wong -Van Vijay Sethi Bob lanrucci Charles Alwine Scott McNealy Estellita Hall Larry Alton Robert Burt Susan lanrucci Bill Garvey Joe Yu Marija Jovanovic Richard Maltzman Nadine Priestley Lynn Jacobson Nina Kulgein Nancy Rosman Joseph Pickering R M Carol Williams R.M. Pan Lorin Krogh Yang Wong Helen Pickering Stacey Bishop Robert Smith Matthew Allen Bonnie Schmidt Alan Gacewald Thomas Mees Laura Feriante Vladimir Ostrerov John Ciacchella Dan DeCamp Max Fiszer Roberta Mees Sandeep Jain Becky Wang Tom Pencek Ron Campbell Edmund Miller David Rosenthal Scott Kauffman Janet Billups Gwen Rogers Roger Lau Rajeen Bang Tom Craig Daily Post John Rose Dick Schultz Ling Lau Thane Plambeck Julia Yu Ryan Riddle Roland Lee Bai Wang David Epstein Nils Thorjusse Punit Govenji Gregory Dunn Margaret Avity Evan Ballash Nancy Moss Susan Moskowitz Shirley Campbell Barbara Dunsmore P. Hanrahan Duncan Ballash Jeannie Thomas Peter Moskowitz John Livingston Steve Taffee Nancy Bjork Margo Ogus Kevin Susco David Yen Heidi Kennedy Yogesh Shriavastava Stacie Coleman Roy Ogus Ted Aberg Margaret Simmons St. Wendl Alex Apffel Rajesh Mashruwala Jan Reimer Bill Schmarzo Don Fitton Amy Chan Stephen Skinner Kay Nelson Jean Wren Mark Hollar Virginia Fitton Kay Sabin Afsaneh Avani Dennis Kwok Allen Hastings Stuart Berman Jim Jarrett Vinay Pai Phill Altinger E.L. Osborne Frances Kitt June Bower Richard Miller Paul Vadopalas Ricardo Aguilera Charlene Flack Elise Beaman Robert Hinden Christine Miller Nora Raggid Aoife Maynard April Austin John Haynes Bill Schworer Abeezer Essanhoy Jeannine Olson Alex Hempton Hollis Radin Red Haynes Laura Cobbett Cedric Hughes William Mitchell Joe Rofle Glenn Affleck Jack Koch John Veeny Nina Price Michael Dreyfus Wei Chiu Lorna Affleck Thomas Clewe Eleanor Satterlee James Sutherland Leslie Matlof Gavin Carr Barb Champion Greg Smitherman Hugh Satterlee B. Lynn Ware Jason Matlof Michael Fairchild Craig Champion Mary Kline Alan Zulch Gordon Lyon Lori Anderson Tianhon Li Anselmo Fabrizio Anne Penner George Wang Valerie Ross Steven Nickerson Mike Wirth Fang Tian Shirley Quismorio Maria Wang Jane Stepak Elaine Winer Elaine Andrews Keith Bettinger Peter Coughlan Brian Tucker Balbir Singh Marshall O'Neill Avinash Shetty Milind Pansare John Ackerman James Welch Paula Sandas Dennis Boyle Al Yau Robert Simoni Richard Ciapponi Jonathan Seder Stephen Smith Judith Smith Kevin Guthrie Diane Simoni Carleton Hoffner Jorgen Wedseltoff Laurie Ackerman Linda Toy Steve Lenzinger James Witt Roland Horne Connie Rice Don Vermeil David Haynie Jonathan Bruce Donald Ganschow Nick Zippolo Dexter Girton Brenda Browne Lien Tsang Jennifer Wang Gregory Loy Dawn Wilcox Allen Edwards Karen Machado Glenn Story Charles Brown June Loy Mego Tracy Leigh Love Paul Machado David Boyer Clive Hallatt Thomas Recine Janet Hill Rebecca Burwell Dan Murphy Thomas Mulcahy Joe Rolfe Marion Recine Harry Hatasaka Bo Preising Adrienne Murphy Gary Dufresne Kent Mather Carol Walter Lisa McDermott Robyn Preising Peter O'Riordan David Vroom Steve Broadbent Eugene Walter Janet Keene M.L. Boyd Diana Darcy Bryan Maxwell Jason Green Edward Brown Lee Keene Leonard Lehmann Ruby Zefo Mark Prioleau Inder Monga Marc Abramson Laura Berezin Evie Davidson Matthew Jones Mark Nadim Patty Fisher Patricia Targ Kathleen Blanchard Bernard Gust Shelley Jones A. Herrmann Chandron Ambrose Ellen Krasnow Gail Kaiser Lelanel Wiesner Alice Chandler Serdar Uckun Lisen Stromberg Ron Krasnow Albine Bech Theresa Anderson Denny Chandler Laura Selznick Brian Lewis John Scouffas Alan Stivers Pamela Herr Moshe Gavrielov Howard Selznick Bo Piekarski John Tenanes Gordon Linkon Bettie Thompson John Monroe Ronald Howard Rick Foote Gail Enyeart Harold Noyotny Justin Jacobs Dinaz Vilns Francis Beck Ken Allen Jack Enyeart Rod McNall Tim Cain Julie Nolan Doris Dahlgreen Phil Jachowski Steven Lane David Hale Rohini Chakravarthy Shelton Ehrlich Ashok Khosla Robert Stefanski Peter Wright Elizabeth Brown Herman Gyr Sandra Ehrlich Ray Renati Elaine Meyer Robin Wright Dave Noice Sandra Spector Tracy Storer James Sterrett Wayne Martin Holly Wright Judy Noice Tina Suevana Bruce Camenzind Gloria Carlson John Morris Barbara Wolff Lyn Swyhyd Lynette Phillipe Midori Aogaichi Edward Beardsworth Richard Simoni Roger Kuhn Daniel Sneider Joseph DeStefano Richard Mamelok John Seybold David Markowitz Stan Hahn Mary Fitch Chris Cain David Backer Alice Sklar John Francis Alice Hahn Joan Whaley Robert Wilen Karen Backer Richard Evans Dan Collins Gayle Olson Jon Sannford Cindy Kron Chris Stirrat Glen Hill David Vasileff David Whitton Rory Claney Troy Underwood Lawrence Marshall Carolyn Pierce David Epstein Beverly Broughton Dale Wietzke Maria Basch Fritz Keil Richard Kniss Ken Romeo Lincoln Brooks Carol Edmiston Larhee Webster Duane Kalar Z Fazarine Flash Sheridan David Dietrich Gerald Czamanske Amos Wilnai Andrew Fuller Katheryn Baggott Roger Vickers Liz Runner Gerald Lucha Ken Sasaki Adam Brand Lynn Ritter Steve Tjiang Mehmood Taqui Wayne Vicker Abraham Lui Allan Chan Philip Ritter Maurizio Gianola Beryl Taqui F.C. McElfresh Linda Lui Mark Lepper Pranji Lodhia Melanie Martin John Baltierra Robert Young Omalley Stoumeh Jeanne Lepper Steven Yang William Stephens Kathleen Horst Susie Robbins Ken Auerbach Marie Macy Maureen Minally Jon Henderson Walter McVeigh Christine Gandel Angus Davol James Holsworth Debaney Shepard Brian Reid Bruce Naskin Bob Taylor Michael Kennedy Miles Coatsee Joel Rossen Victoria Reid Dennis Wu Philip Johnson Anne Gregory Ellen Cohen Derek Proudian Joel Blank Carter Perez Rob Levitsky John Scandling Roger McCarthy Evelyn Preston Received Wed 1/18/2012 12:16 PM via email. Planning Staff did not have time to review this document prior to the packet distribution. J. Samoff Lisa -Mar. Namphy Thomas Hoster Frank Bernstein Kenneth Vendley Kirk Swezey Ann Williams Patricia Mason Chris Bergquist Myles Berg Joan Vendley George Young Tom Furlong Barry Medoff Juliann Sturla John Rickford Clark Emory Lee James Wong Jr. Mary Medoff Doug Wong Angela Rickford Paul Barsley Gertrude Bowman Keith Devlin Chenan Steinhart Anirma Gupta Dan Klass Gill Barsley James Phillips John Chang C. Cummings Jerzy Orkiszewski Andrie Klass Darlene Lindner Aina Hewitt Julie Erickson Robert Blatman James Lyons Irving Rappaport Eli Pasternak Harry Hewitt Nina Kang Marcia Allen Mark Alloy Ethan Thorman Jeanette Farnigblithe Page Sanders Dan Richards Michael Kennedy William Taylor Paul Auger Michael Laeffer Ferrell Sanders Richard Landes Laura Lombardi JoAnn Taylor Oliver Gildersleeve Robert Helseth Stan Todd Albert Macovski David Kaibatou Clark Akatiff David Drover Martha Helseth Ben Zhang Barry Katz Robert Oyung Max Kamenetsky Nancy Freire June Schiller Martha Helseth Nancy Cutler John Sternfield Earl Caustin Jeffrey Hausman Sarah Carpenter Shirley McKelvey Andrew Bogan Donald Snider Donald Ellison Craig Thom Reva Frauman Roy Levin Rich Scholz Elizabeth Wallace Sandy Tushnet Susie Thom Diane Master Jan Thomas W. Rose Beverly Bogart Susana Ruspini Jon Ferraiolo Mary Rodocker Mary Bertoch Dan Power Ann Justice Ken Dwiggins Bruce Ackermann Francois Lawgier Charles Wilson Robert Kennelly Jim Pinsky Mike Bender Mona Roberts Jennifer Lawgier Rick Jew Lezlie Godman Sigrid Pinsky Marcia Pugsley Tod Cohen Kurt Kelty Karen Jew Omonike Weusi Ruth Hubert Robert Klein Stacy Mason Wen -Jai Hsieh Ida Stelling Deborah Kohli Robert Martinson Mark Hastings Bill Bailey Ken Adler Bonnie Packer Rudy Batties Dan Bloomberg Michael Goldeau Susan Bailey Carol Mosher Jules Zulman Phyllis Sherlock Hanxi Chen Pamela Mayorfield Jan Van du Laau Gordon Gibbs Lee Zulman Frank Perlaki S. Doyle Richard Hallstead Diana Van du Laau John Leslie Donald Kenyon Marcus Wood Graig McHendrie Dena Goldberg Beverly Brockway Lysbeth Anderson Carol Kenyon Elizabeth Back William Bechtold Robert McDonald Stephen Rosenblum William Dinsmore Victor Elishberg David Hoexter Richard Lee Jeremiah Armstrong Nancy Willis John Taylor John Woodward Judie Siddall Carole Massoni Penny Dalton Thomas Hornak David Mackenzie Boyd Faust Lindsay Joye Bob Swanson Robert Frost Barbara Kirsch Michael Stauffer Rebecca Burwall David Johnson Wendy Swanson Martin Gerotwoc Laurie Peck Bonnie Rosenberg Rich Scholz Tom Fowler James Ting Marilyn Aden Vijay Vusirkala Rose Lachman Bill Burns Richard Wytmar David Keefer Sam Dehaven Rita Pen Jan Gabus Peggy Burns Peggy McCurdy Aileen Colen Gary Schwede Steven Chanin Frederica Gabus Kevin Richmand Scott Kauffman Ron Colen Sue Schwede Virginia Walbot Irwin Roth Jeri Hilleman Bill Higgins Richard Douglas Kevin Lortie Elaine Miller Harry Anisgard Gerald Czamanske Frank Mueller Pat Douglas Todd Logan Charles Steele H.L. Heckman Rita Czamanske Ching -Hu. Tosky Alec Rawls Richard Ersted Bart Westcott Esther Dickens Jackie Wheeler Deborah Kerwin -Peck Susan Haviland Karen Ersted Paul Gilman Ashley Mosley Ralph Wheeler Lena Chow Chih-Chu. Chen Richard Smith Sara Gilman Tolu Akinola M Jean Fisher Bob Kutlar Edward Gornish Pamela Molano David Bunker Ashish Gehani Doug Wong Chris Ammen Ching -Ts. Chou Frederic Garderes Horst Simon Tom Longbottom Kathleen Hefner William Scharfenberg Charles Stevens Ross Ziegler Robert Snyder Donald Gerber Todd Nemet Lydia Pugliese Steven Kyin Mary Bertsch Alan Warshaw Carl Cheney Carol Borders Lori Krolik Suzanne Attenborough Anthony Tomarchio Philip Lehot Scott Adams Daniel Lazare Barbara Tisdale Scott Weilcart Matt Jaunich Theodore Jenkins Deep Bhattacharjee Dan Logan Mark Lennon Robert McIntyre Norton Bell Wilfred Crane Juliet Underwood Chris Logan Wei Chiu Harold Chapman Lee Harnett Y.M. Wang Marjoria Hildahl Eliot Logan Rebecca Parker Colleen Connell Constance Daly Jeff Rosner Joyce Thompson Joseph Martin Jeff Alford Curtis Connell H. Hewitt Page Sanders Priscilla Lurcher Jerry Mouton Rob Robinson Sadie Stoumen Michael Nierenberg Ferrell Sanders Cynthia Shore L Couplan Cashman Ann Robinson William Kennedy Karen Nierenberg Barbara Sanner Dev Bala Ceduic Hughes Patricia Chu Deven Logan Sherry Bijan Charles Sieloff Nima Desai Anne Petit Marc Fleischmann William Hedge Joseph Dao Mary Ruth Henry Chung Beatrix Cashmore Cetin Diken Aleks Totic Beth Fairman Steve Leen Gahov Maggali- Peggy Chang Ken Van Vleck Susan Lake Dave McAndrews Barbara Silberling Leope Lockhart J Shiffer Harry Dennis Sheryl Keller Jacquie Knott Keith Reekdahl John Stern Bea Chambers Jim Maples Richard Stultz Manchi Colah Carolyn Glenn Jules Luce Winnie Lewis Colleen Coleman John Woodworth Richard Saxton David Olson W. Lawson Kenneth Nolan Byron Jones Oets Emmons William Hahn Morton Slater Walter Wall Phoebe Chen Tony Gottheiner Bernard Aronson Ayari Tateno Bart Carr Susan Su William Chow Stephen Smith William Bowmer Sally Tateno Liz Anderson Franklin Koenig Paul Hamilton Diana Go Stanley Lenox Elizabeth Duncan Flora Lee Gary Hom Dorothey Hamilton Caroline Sigman Henry Taylor Martha Shirk James Bates Jacques Adler M Davidson Rose Selby Colette Taylor Ali Rahbar Lee Price Murray Leavitt Michael Vaux Carl King Paul Linares Jamie Beckett Janine Bisharat Gary Bradski Jeannie Duisenberg Tom Smestad Tzu Kang Roy Stehle Norman Larsen Luke Fisher Edie Trevino Lawrence Garlick Grau Isang Bruce Anderson K. Price Rand Siegfried Reo Hayner John Oberst Maurizio Gianola ------ Schneider Susan Chakos Allen Hastings Stanley Lenox Michileen Oberst Sabrina Corvo Garrett Chan Lillian Cincone Faith Hastings Yair Eisenberg Edward Glover Arianna Gianola Scott McNealy Daynee Krauss David Backer Helen Baumann Brenda Lind George Bechtel Rita Robinson Steve Mullen Yonkel Goldstein John Sternfield Yonkel Goldstein Yvonne Gau Arjun Prabhu Janis Welch Bevan Wu Roger Lau Katherine Clancy Megan O'Reilly James Van Loo Roberta Barnes Robert Swanson Liwy Lau Colleen Ng Anil Gangolli George Smith Silvia Teng Barry Medoff Margaret Roth Shirish Patel Paul Adriani John Burf Alan Grundmann Mary Medoff Gary Hammer Jim Barbera Randy Mont Ken Lee Henue Goguely Kenneth Rolin Pablo Grodnitzky Received Wed 1/18/2012 12:16 PM via email. Planning Staff did not have time to review this document prior to the packet distribution. Galia Grodnitzky Glenn Fisher George Wheaton Emily Young Stephen Branz Dan Cooper Florence Su Hank Chezar Miriam White Margo Parmacer Chao-Hsa Wang Larry Christenson john Crane Gray Clossman Curtis Connell Barry Nathan Barabara Pasck Sue Bloom Elliot Bloom John Raftrey Dan Bloomberg Fred Schiller Mary Tsang Lien Tsang Laura Lehman Steven Quan Vireinia Townsend Diana Catiang Robert Bell Suzanna Bell Julia McLean Gayle Curtis G Cumpston Madhu Matta Richard Green Glory Cung Stephen Solari Barbara Stanley Rajeev Bang Kiran Bang Nathan Netravali Joseph Kelmanovich Steven Fung Matt Hale Celia Cho Guido Arnout Leo Lin Krishna Stanley Abraham Khalil Ashley Vandervoort Andrew Mellows Juilia Weber Received Wed 1/18/2012 12:16 PM via email. Planning Staff did not have time to review this document prior to the packet distribution. ies.# Palo Altans voice support for better wireless infrastructure "We receive no coverage at home and "I lose connection while talking to my installation." - Brian and Victoria Reid, would very much like to have coverage doctor's nurse." - John Baltierra, Palo Palo Alto for AT&T." -Thomas and Marion Alto Recine, Palo Alto "I would like reliable service, especially in an emergency." - Marc F. Abramson MD, Palo Alto "Terrible service on Harriet St. An embarrassment to Silicon Valley and Palo Alto. Folks with ill-informed fears are holding us hostage." - Patricia Targ, Palo Alto "We have horrible cell service at our house. Please let AT&T improve its wireless network." Ellen and Ron Krasnow, Palo Alto "It is absurd that Palo Alto is in the heart of Silicon Valley and does not have state of the art wireless coverage!" - John Scouffas, Palo Alto "Improved coverage will result in making Palo Alto a more competitive city." - John Tenanes, Palo Alto "Speed and reliability is a quality of life issue." - Peter, Robin and Holly Wright, Palo Alto "Palo Alto at the heart of Silicon Valley deserves the best!" - David Whitton "Stopping progress in communication does not help the city, businesses or citizens of Palo Alto." - Mehmood & Beryl Taqui "I want better cell coverage!!" - Mark Pichel, Palo Alto "This upgrade is long overdue and sorely needed." - Michael Braun, Palo Alto "The AT&T coverage in Palo Alto is fairly poor. Please improve the coverage." - Becky Wong "Please allow the network to be upgraded." - John W. Rose, Palo Alto "Please please it is the 21st Century - don't be left behind, Palo Alto." - Patrick & Beatrice Cashmore, Palo Alto "I receive better signals in the mountains of the Himalayas than I do in my home which is in the center of the hi -tech universe." - Rajesh Mashruwala "I get very poor AT&T cell phone service at home. We traveled across the US last spring and had no trouble anywhere else." - Kay Nelson, Palo Alto "I am 100% supporting an upgrade to AT&T's wireless network." - Dennis Kwok, Palo Alto "I am tired of having to walk outside to find an area when my cell can get service." - April Austin, Palo Alto "We are very tired of ignorant and fearful people blocking cell antenna "SO frustrating living in Palo Alto, the center of Silicon Valley! Sorry you can't have good wireless phone service!" - Barb and Craig Champion - Palo Alto "I need this for business and home use." - Anselmo Fabrizio, Palo Alto "Please let them upgrade." - Gregory & June Loy, Palo Alto "We have no service in our home and minimal service outside near the street." - Mego Tracy, Palo Alto "Please let's move into the 21st Century. This is unacceptable for Silicon Valley!!" - Kathleen Blanchard, Palo Alto "Upgrading is desperately needed." - Shirley Quismono Siw, Palo Alto "Would love stronger wireless service in our neighborhood!" - Peter Coughlan, Palo Alto "Don't let a few complaints impede progress. Rely on science, not fear!" - Alan Stivers, Palo Alto "Improving all forms of communication in the city can improve the ability of the city to respond to crisis." - David Hale, Palo Alto "We need it especially in the 94306 area - worst coverage in Palo Alto!" - Elizabeth Brown, Palo Alto "Nearly impossible to use the iphone in "There is no signal at all at home with the 1i ail. Prang rAMWdi llnph @ finekieelt igocumeNbiffli§"ts so we hours." - Lyn Swyryd- Smith, Palo Alto not acceptable." - Bai Wang, Palo Alto "I live and work in Palo Alto and cell service at both locations is poor. Please support system upgrades." - Ron Campbell, Palo Alto "Signals are weak and cut out in many parts of Palo Alto. Better coverage in needed." - Roger & Ling Lau, Palo Alto "It's time to drop the madness and improve AT&T wireless service in Palo Alto." - David Epstein, Palo Alto "The campaign against cell phone towers in misguided." - Nancy Moss, PhD., Palo Alto "Reception is lousy within a two block radius." - Jeannie Thomas, Palo Alto "The reception at our house is poor. Why is that? Seems silly in a city." - Kevin Susco, Palo Alto "Please get us faster and better wireless." - Ted Aberg, Palo Alto "We are the center of the high tech industry, but out in the boonies for cell phone reception." - Fred Bockmann, Palo Alto "Please let AT&T improve their wireless service, especially in Midtown Palo Alto." - Dan Chernilott, Palo Alto "Yes, we need it!" - Lynn Jacobson, Palo Alto "Palo Alto Council needs to be in the 21st Century." - Matthew Allen, Palo Alto "I get almost no reception at home!" - Garrett Caan, Palo Alto "Palo Alto City Council, just allow what it takes for us to get 4G coverage!" - John Ciacchella, Palo Alto "To the City Council: the people who are opposed to cell phone antennas do not know how safe they are!" - Dick Schultz, Palo Alto "We support the construction and installation of additional cell phone antenna." - Evan & Duncan Ballash, Palo Alto "We support reasonable efforts to expand AT&T's cell network. It's hard to learn in the center of technology and still have poor cell service due to unreasonable limitations." - Margo & Roy Ogus "Do members of City Council not know how to think for themselves and solve the very poor mobile phone situation ASAP?" - Jan Reimer, Palo Alto "We definitely need better wireless coverage. Too many dead spots in town." - Allen Hastings, Palo Alto "Please allow AT&T to upgrade their network for the benefit of all Palo Altans." - Frances Kitt, Palo Alto "Please level the playing field and install antennas!" - Elise Beaman, Palo Alto "Do it soon! We're tired of poor reception!" - John & Reo Haynes, Palo Alto "We support it!" - Jack Koch, Palo Alto "Why not? We need it." - Thomas H Clewe, Palo Alto "We need better coverage." - Greg Smitherman, Palo Alto "The City Council should take actions to encourage and permit cell antenna positioning; they should think towards the future." - Mark Hollan, Palo Alto "I havbe had enough of the NIMBY attitudes of some Palo Alto residents. AT&T's cell tower proposal is well considered. Let's push it forward." - Stuart Berman, Palo Alto "Better wireless service is important for Palo Alto. I support this!" - Robert M. Hinden, Palo Alto have constant, consistent fast coverage thoughout Palo Alto." - Laura Cabbett, Palo Alto "It is important to remain state of the art." - John Kelly, Palo Alto "The City Council must ignore the irrational, superstitious fears of those afraid of electromagnetic radiation." - Eleanor & Hugh Satterlee, Palo Alto "Yes, please proceed with wireless network upgrades. Reception at our house is terrible." - Alan Zulch, Palo Alto "It is great to have better wireless coverage for Palo Alto. We go for it." George and Maria Wang, Palo Alto "let's join and get into the technology the rest of the world enjoys." - Jorgen Wedseltoft, Palo Alto "IT mecca & the world's worst cell phone reception? Come on. You can do better." - Connie Rice, Palo Alto "AT&T signal is weak at my house. Many dropped calls." - Dexter Girton, Palo Alto "They can put the repeater on my roof if they want." - Allen Edwards, Palo Alto "Although we are not AT&T wireless customers, we support additional wireless infrastructure." - Leigh Klote, Palo Alto "Please hurry!" - Bo & Robyn Preising, Palo Alto "Regardless of the technology I add (like the micro cell) I always get weak reception from my cell phone." - M.L. Boyd, Palo Alto "Coverage is very poor in Palo Alto. This has become an essential service, and should trump NIMBU concerns." - Leonard Lehmann, Palo Alto "Absolutely! I don't have coverage in my house." - Bernard gust, Palo Alto "We have never had indoor cell "We need good coverage in Palo Alto." "Cov& dJYJIH?i1:16 PM via email. Pl iept5tof pt@�h Ott{ g �e vv�kbi lbsume t$hf1�pp� ti�ljution. neighborhood!" - Teresa Anderson, Dan & Andie Klass, Palo Alto Palo Alto "I support AT&T's upgrading of its wireless network in Palo Alto." - Pamela Herr, Palo Alto "Absolutely need this!!! Please vote it in." - Ronald Koch, Palo Alto "Who doesn't want better wireless coverage?" - Justin C. Jacobs, Palo Alto "We would like better phone coverage around and in our home." - Tim Cain, Palo Alto "Please approve new infrastructure to get us better services." - Rohini Chakravarthy, Palo Alto "Please allow new/more cell antennas for AT&T." - Arjun Prabhu, Palo Alto "I support better coverage and reception." - James Van Loo, Palo Alto "Stand up against the nattering nabobs of NIMBYism" - George Smith, Palo Alto "Please approve wireless network improvement applications. Coverage at my house is poor." - John Burt, Palo Alto "The coverage in my home area is really bad." - Ken lee, Palo Alto "I don't understand why so many NIMBYs on this issue have satellite dishes." - Frank Bernstein, Palo Alto "Both health claims and appearance claims are bogus." - Walter Walle, Palo Alto "It seems to me cell phones are a major part of our communication life. Good communication is essential." - Myles Berg, Palo Alto "We strongly support AT&T's efforts to upgrade their wireless network, which will make it safer for us to communicate with each other in emergencies." - John & Angela Rickford, Palo Alto "As the financial center of Silicon Valley, Palo Alto needs to lead in more bandwidth." - Irving Rappaport, Palo Alto "Dead zones around Palo Alto are proof we're not a well wired community." - Ethan Thorman, Palo Alto "The oace of everything wireless is relentless these days. Let's stay ahead of the crowd by improving our wireless service now." - Paul E. Auger, Palo Alto "Furious! In Silicon Valley and can't get cell calls reliably. I've lost business as a result. Get Busy Now." - Oliver D. Gildersleeve, Jr., Palo Alto "Citizens need to understand we need more towers to have the cell phones they all possess work." - David Drover, Palo Alto "Wireless conditions are very poor. I support AT&T's efforts to improve wireless. " - Paul Linares, Palo Alto "Sooner is better." - Tzu & Gray Kang, Palo Alto "We NEED better coverage from AT&T! Half of my calls don't go through or are dropped. Please act on this to solve my problem." - Maurizio Gianola, Palo Alto "AT&T's proposal for a distributed network is a lot better than high towers." - George Bechtel, Palo Alto "Upgrade is OK but no change in cost." - Norton W. Bell, Palo Alto "Seems a no brainer." - Lee Harnett, Palo Alto "Dropped call horror stories prevail!" Constance Daly, Palo Alto "There are spots in Palo Alto where calls are dropped." - H. Hewitt, Palo Alto "Ridiculous not to!" - Michael & Karen Nierenberg, Palo Alto "Please approve the current proposal!!" - Byron Jones, Palo Alto "Still too many dropped calls." - Toby Gottheiner, Palo Alto "We experience known weak coverage spots in Palo Alto, and encourage AT&T and Palo Alto to approve additional infrastructure." - Stephen Smith, Palo Alto "No bars at my house. Any improvement would be great." - Deborah L. Kohli, Palo Alto "This needs to be fixed as soon as possible. The current system drops calls often." - Rudy Batties, Palo Alto "If AT&T wants to serve consumers better in Palo Alto, they should be allowed to proceed!" - Mr. & Mrs. Frank Perlaki, Palo Alto "The antennas are less intrusive than phone poles." - Marcus Wood, Palo Alto "This upgrade is sorely needed!" - Stanley Lenox, Palo Alto "The city needs better service and demand for wireless transmission is growing." - Henry & Colette Taylor, Palo Alto "I would like better coverage by my home." - Paul M. Adriani, Palo Alto "Yes! Please ASAP!" - Randy Mont- Reynaud, Palo Alto "This is an important part of keeping Palo Alto a great place to live." - Thomas C. Hoster, Palo Alto "You can put the antenna on the pole in my back yard!" - Chris Bergquist, Palo Alto "Please allow AT&T to upgrade their wireless network! Palo Alto should have 1st class wireless!" - Juliann Sturla, Palo Alto "Palo Alto needs the best wireless "Please do it." - Hanxi Chen, Palo Alto netW 4�'®# lY R)19;16-PB l email. PIia-veRiI prior to the packet distribution. Wong Alto "I can't even use my cell phone inside my house the service is so bad." - S. "Judicious placement of cell towers and taking comments from the community into account benefits all." - Anirma Gupta, Palo Alto "It's time Palo Alto City Council recognized it's the 21st Century." - Jerry Orkiszewski, Palo Alto "This facilitates communication that enriches citizenship and commerce and all of that is an infrastructure investment in tomorrow." - James W. Lyons, Palo Alto "The AT&T service is awful where I live - we must have better coverage. Palo Alto doesn't need second-class service." - Mark Alloy, Palo Alto "Please - let AT&T upgrade NOW!" - William & JoAnn Taylor, Palo Alto "The utility pole scheduled to hold the new equipment is adjacent to our home. We have no objection." - Clark Akatiff, Palo Alto "Please allow AT&T to add cell towers in Palo Alto." - Max Kamenetsky, Palo Alto "Make it happen! I have lived with poor cell phone communications and dropped calls for too long!" - Earl Caustin, Palo Alto "I believe this is an improvement in service with very little impact to the community." - Sandy Tushnet, Palo Alto "Palo Alto needs to keep up with technology." - Susana Ruspini, Palo Alto "Don't let politics trump science. Don't let alarmists run the city." - Ken Dwiggins, Palo Alto "All of the wireless carriers should be allowed to improve their coverage." - Mike Bender, Palo Alto "Dropped calls in my dining room are unacceptable." - Marcia Pugsley, Palo Alto "Please work with AT&T to improve wireless coverage in Palo Alto." - Mark Hastings, Palo Alto "Please!!" - Pamela Mayerfeld, Palo Alto "Here in Palo Alto we should have the best coverage, not the worst!" - Dena Goldberg, Palo Alto "Funny, the heart of Silicon Vallet has so many luddite residents." - Robert McDonald, Palo Alto "The high-tech epicenter of the world needs to have world -class wireless service. DO THIS ASAP!!" - Jeremiah Armstrong, Palo Alto "It's time for Palo Alto to get better service for all wireless connections. Palo Alto is the heart of Silicon Valley." - Penny Dalton, Palo Alto "Let's do it. This is 2012 not 1920." - Martin Gerotwol, Palo Alto "In the middle of nowhere we have better AT&T service than we do in Palo Alto. Embarrassing and frustrating!" - Marilyn Aden, Palo Alto "Cell towers are neither ugly nor dangerous." - Gary & Sue Schwede "Palo Alto must get its collective head out of the sand and allow for technical advance." - Kevin J. Lortie, Palo Alto "I would like to see AT&T concentrate on improving the cellular network." - Todd Logan, Palo Alto "Please allow upgrade of existing network!" - Richard and Karen Ersted, Palo Alto "Can't wait for better service!" - Robert Martinson, Palo Alto "No brainer. The transmitters are barely noticible. Truly ironic that Palo Alto has lousy wireless because of a few nutcases." - Dan Bloomberg, Palo Alto Doyle, Palo Alto "We currently can't use our cell phones at home because of poor signal." - Graig McHendrie, Palo Alto "Please approve there wireless improvements immediately. I am ashamed that you have been catering to the anti -antenna crowd." - William Bechtold, Palo Alto "Improvement to AT&T wireless coverage would be greatly welcomed in Palo Alto. I support proposed AT&T wireless network upgrades." - Richard Lee, Palo Alto "I need dependable service." - Carole Massoni, Palo Alto "We recently switched to AT&T and have been very disappointed with cell coverage at home." - Bob and Wendy Swanson, Palo Alto "We need better coverage in Palo Alto." - James Ting, Palo Alto "It's wrong for residents of Palo Alto, the birthplace of Silicon Valley, to still be experiencing dropped calls." - David Keefer, Palo Alto "It is just a few that make it difficult for the majority. We have to keep up with progress." - Richard & Pat Douglas "Do the upgrade. Ignore the NIMBY people." - Alec Rawls, Palo Alto "Please don't let a few NIMBYs stop this important upgrade. Thanks!" - Susan Haviland, Palo Alto "Please help improve cell phone service in our neighborhood." - Chih-Chung Chen, Palo Alto "It's safe - keep Palo Alto hi -tech!" - Edward H. Gornish, Palo Alto "Do not let a bunch of NIMBY luddites hold the rest of us back!" - Ching-Tsun Chou, Palo Alto "Palo Alto is recognized worldwide as "Please improve our cell phone „Thi e&e�t WiqbWt36M2a I ill M is email. PImpiJi�ipthkm4io gyij4Leibime lrratgg i,iij otAl*bibutiMiatt & Shelley Stevens, Palo Alto let the NIMBYs cripple our Jones, Palo Alto communication infrastructure." - "Many of our calls are not coming through clearly or being dropped. It's unusable." - Steven Kyin, Palo Alto "We need better wireless service in Palo Alto. It's embarrassing when business calls fail and they know I live in Silicon Valley." - Suzanne Attenborough, Palo Alto "My wife has memory problems, and needs to use her AT&T cell phone to call me when she's out." - Scott Weikart, Palo Alto "It would certainly help." - Robert McIntyre, Palo Alto "This will really help in many situations." - Harold S. Chapman, Palo Alto "Our network is below standard compared to other areas. We hope the Palo Alto City Council will let AT&T upgrade the system." - Colleen & Curtis Connell, Palo Alto "Palo Alto - in the heart of Silicon Valley - should have the BEST tech infrastructure, including cell coverage." - Sadie Stoumen, Palo Alto "It's about time!" - William A. Kennedy, Palo Alto "We need a stronger signal in our home." - Devan Logan, Palo Alto "Coverage in my home has been intermittent. If it does not improve I will change carriers." - William Hedge, Palo Alto "I've been watching cell tower proposals get shut down with sadness. I'd like to speak up for us who welcome new towers." - Aleks Totic, Palo Alto "I have to walk outside to get a good connection. I don't want to have the expense of changing to Verizon to get coverage for my iphone." - Susan Lake, Palo Alto Gordon Lyon, Palo Alto "There is very poor AT&T reception in my neighborhood and I would love to see it improved." - Valerie Ross "We are not able to receive or make calls with AT&T from our house. We will probably switch carriers if the situation is not addressed." - Jane Stepak, Palo Alto "We pride ourselves as the birthplace of high-tech but have to cope with low - tech until we upgrade." - Balbir Singh, Palo Alto "Let's get the coverage we need!" - Paula Sandas, Palo Alto "This is imperative! The poor wireless coverage in the heart of Silicon Valley is a disgrace to Palo Alto." - Stephen Smith, Palo Alto "We are longtime AT&T customers. Our cell phone service at home and in Palo Alto is horrible. Please allow several new cell phone towers in Palo Alto." - Laurie Ackerman, Palo Alto "For a great city in the heart of the technology universe, the service is a disgrace." - Don Vermeil, Palo Alto "The worst cell coverage is new Palo Alto and Stanford." - Brenda Browne, Palo Alto "AT&T antennas will not reduce property values and there is not enough RF to cause harm to people." - Dan & Andrienn Murphy "I strongly support this. Please reconsider the proposal for a cell tower at the church ion Channing now that the one person who objected has moved." - Peter O'Riordan, Palo Alto "Please do something to improve AT&T cell phone coverage! I get 1 bar in my house." - Ruby Zefo, Palo Alto "We strongly support better coverage. Currently, we have to talk on our iphones outside our Palo Alto condo. We desperately need to install new towers!" - Alice & Denny Chandler, Palo Alto "Please, please, please address the problem!" - Moshe Gavrielov, Palo Alto "Hurry, please!" - John Monroe, Palo Alto "My calls are constantly being dropped and the reception in my neighborhood is very poor. Appalling for a high-tech town!" - Dinaz Vilms, Palo Alto "Our AT&T coverage is terrible - please support improvements to the network." - Julie Nolan, Palo Alto "Even as a Verizon customer I believe we need better cell phone service for all." - Shelton & Sandra Ehrlich, Palo Alto "AT&T coverage and signal strength is currently poor in my residential area. Please support the upgrade proposed by AT&T!" - Tracy Storer, Palo Alto "I'm in the heart of Silicon Valley, and my AT&T cell phone doesn't work in my neighborhood!" - Bruce C. Camenzind, Palo Alto "This is a no brainer! Those opposed should throw away their cell phones." - Midori Aogaichi, Palo Alto "We live in midtown. This upgrade is needed!!" - David & Karen Backer, Palo Alto "We definitely need better coverage!!" - Chris Stirrat, Palo Alto "Please - this is a very significant problem." - Lawrence Marshall, Palo Alto "It's time for the City Council to get off their hands and vote for a wireless upgrade." - Fritz Keil, Palo Alto "PLEASE allow AT&T to upgrade as planftdeiV W@cblY#f& iitgit%RR @lgiroAI and India." - Duane Kalar, Palo Alto "It is a shame that the city could be so influenced by private citizens. It's time for better cell service." - Andrew Fuller, Palo Alto "We need more cell towers in Palo Alto I would be happy to host one in my backyard." - Adam Brand, Palo Alto "Please!" - Mary Kline, Palo Alto "Make wireless decisions on science, Pl wflt4f6*irh . hi, tm > tcjY this doc Keith Reckdahl, Palo Alto "Have you forgotten you live in Silicon Valley?" - Barbara Silberling, Palo Alto "Why not put them on Oregon, Alma, Embarcadera, etc.?" - Mary Ruth Leen, Palo Alto "Give AT&T equal access to customers. ,ume kj t@ Iih ppcI1titisirilthmruth of cell phone microwaves. Don't bend to the extremists." - Paul Gilman, Palo Alto "Set aside NIMBYism and superstitious health concerns - improve our infrastructure!" - Bart Westcott, Palo Alto "This is long overdue. Don't let a few NIMBY residents stall things forever." - Charles Sieloff, Palo Alto "We get minimum to no coverage in our "We need the upgrade." - Barbara neighborhood with AT&T. it's very Sanner, Palo Alto frustrating." - Susan Chakos, Palo Alto "Please approve ASAP." - K. Price, Palo Alto "Maybe then my AT&T cell phone will work at the PA Airport." - Norman Larsen, Palo Alto "It is ridiculous." - Janine Bisharat, Palo Alto "I have had nothing but problems with my iphone at my house. Works fine in SJ, SF, East Bay, but not Palo Alto." - Lee Price, Palo Alto "We want better coverage in Palo Alto." - James Bates, Palo Alto "We need to get with the program of the 21St Century! Let's not be embarrassed!" - Flora B. Lee, Palo Alto "I used to work in wireless and know network is everything to phone users!" - Liz Anderson, Palo Alto "Get more cell towers so we will have coverage!" - Cat Carr, Palo Alto "Need is essential." - Morton Slater, Palo Alto "Please support increased tower coverage." - David Olson, Palo Alto "We always have phone issues. Please let them fix this." - Carolyn Glenn, Palo Alto "We really need better coverage and the small antennas make sense." - Page Sanders, Palo Alto "What's the hold up? Fix this problem!" - Anonymous, Palo Alto "It's disgraceful that we live at the heart of high tech and have such crappy infrastructure." - Jeff Rosner, Palo Alto A few scaremongers are hindering the entire city." - Y.M. Wang, Palo Alto "I'm for better wireless coverage." Wilfred Crane, Palo Alto "We need better coverage universally." - Theodore Jenkins, Palo Alto "We need competition." - Philip Lehart, Palo Alto "Let's make Palo Alto's wireless services by upgrading AT&T's network!" - Alan Warshaw, Palo Alto "AT&T's wireless signal in Palo Alto stinks. Internet speed is in 19th century standard." - Bevan Wu, Palo Alto "Currently cell coverage is horrendous for a city in the middle of the high tech area. I must step out of my house to use a cell phone. This must be changed." - Horst Simon, Palo Alto "No service available at PAMF. It used to be there." - David Bunker, Palo Alto "My company -issued iphone is useless at home because we're in a dead zone. Please help." - Elaine Miller, Palo Alto "Please improve AT&T, thereis so much traffic." - Virginia Walbot, Palo Alto "Good wireless coverage is critical to the kinds of businesses and people that Palo Alto needs to attract." - Steven Chanin, Palo Alto "Need more service so AT&T works in and around the neighborhood." - Rita Pen, Palo Alto "We need the improvement in wireless coverage desperately." - Vijay Vusirikala, Palo Alto "Yes, better wireless!" - Laurie Peck, Palo Alto "Poor cell phone reception in my house." - Barbara Kirsch, Palo Alto "I am very dependent on email, need reliability and speed." - Thomas Hornak, Palo Alto "I have no signal most of the time, and in the event of a power outage I would have NO emergency phone access." - Nancy Willis, Palo Alto "I have read the plans and the new equipment appears unobtrusive." - Anil Gangolli, Palo Alto "I have to go out in the middle of the street to talk on my iphone at my house. We deserve much better cellular communications in Palo Alto." - Megan O'Reilly, Palo Alto "The sooner the better." - Yvonne Gau, Palo Alto "Improving cellular coverage at my "Please, please improve our wireless "My house is a dead zone - would be hour@ei�h i6tt49P$ t&46 j11Mi�gmail. PI iNgOtaIff 41 keimgb�lr98w this documeipdi 43thgh sl t 491r►'il iCmll phone in coverage across town is next." - Roy Michileen Oberst, Palo Alto my house." - Lynn & Philip Ritter, Palo Stehle, Palo Alto Alto "Palo Alto, of all places, should have great cell coverage." - Jamie Beckett, Palo Alto "We need a better signal." - Ali Rahbar, Palo Alto "I am astounded that in a city that considers itself the capital of Silicon Valley, we do not have reliable cell service. I'm tired of elected officials kowtowing to NIMBYs!" - Martha Shirk, Palo Alto "Keep us up to date." - Elizabeth Duncan, Palo Alto "We need better wireless coverage for personal use and emergency." - Ayari Tateno, Palo Alto "Need better coverage. Calls always drop." - Robert Oyung, Palo Alto "Upgrade network." - David Kabatov, Palo Alto "Long overdue!" - Michael Kennedy, Palo Alto "Stop slow and costly bureaucracy!" - Chanan Steinhart, Palo Alto "Please approve AT&T wireless network improvement projects." - Barry Medoff, Palo Alto "Yes! We desperately need better coverage. I am an AT&T customer and have virtually no cell reception at my house. It's terrible!" - Lisa -Marie Namphy, Palo Alto "Please improve coverage!" - Colleen Ney, Palo Alto "This is great since we have no cell coverage in our house when using AT&T cell phones." - Brenda Lind, Palo Alto "Palo Alto as the capital of Silicon Valley should lead the way/" - Edward Glover, Palo Alto "We really need reliable cell service. It will require some to make some visual sacrifices, but it is needed." - Carl King, Palo Alto "Yes, if paid for with private investment dollars." - Omonike Weusi-Puryear, Palo Alto "Please let AT&T provide better/faster wireless coverage/service to Palo Alto. - Ki Rose, Palo Alto "Help Palo Alto lead (not follow) in the wireless future." - Rich Scholz, Palo Alto "Please stop this uninformed nonsense about radiation." - Albert Macorski, Palo Alto "The upgrade doesn't nearly as bad as the power poles and will give cell phone users better coverage." - Richard customers. We need better signals." - Landes, Palo Alto Bryan Maxwell, Palo Alto "We need better coverage!" - Richard Kniss, Palo Alto "There should be no coverage issues in Palo Alto." - Richard Evans, Palo Alto "Action needed now!" - Rowland Howard, Palo Alto "Please bring Palo Alto into the 21st Century!" - Serdar Uckun, Palo Alto "Coverage in Palo Alto is currently an embarrassment - please help fix!" - A. Herrmann, Palo Alto "We prid eourselves to be at the forefront of technology but it gets to wireless we are the farthest behind." - Mark Nadim, Palo Alto "Please make this easier for all AT&T "Please improve wireless speed and coverage." - Dan Richards, Palo Alto "We really need better cell coverage in Palo Alto! - Ann Williams, Palo Alto "We are the center of Silicone Valley?!?" - Evelyn Preston, Palo Alto "Please - we are Palo Alto. We're supposed to be the high tech capital of the world!" - Derek Proudian, Palo Alto "I agree that better accessibility for wireless transmissions is a good thing!" - Joel Ross en, Palo Alto "Please support and enable AT&T to "Please! The wireless reception around improve their wireless service." - Palo Alto is terrible!!" - Debaney Dennis Boyle, Palo Alto Shepard, Palo Alto "I love my iphone, but my calls often get dropped at home." - Steven Yang, Palo Alto "AT&T signal inside my house is weak. I have been hoping for increased power for several years." - David Vroom, Palo Alto "We can't get service inside our own home, let alone outside on our street!" - Gary Dufresne, Palo Alto "Good idea." - Thomas Mulcahy, Palo Alto "I think it is ridiculous that I cannot use my cp at home - too many dropped calls." - Judith Smith, Palo Alto "Service in Palo Alto is appalling! Sad state for tech town!" - Pranji Lodhia, Palo Alto "Please be sure the coverage extends to Oak Creek Stadhill Road area - reception/coverage here is terrible!!" - Elaine Winer, Palo Alto "The AT&T coverage is atrocious in Palo Alto. The city should be embarrassed!!" - Steven Nickerson, Palo Alto "Please permit this AT&T upgrade! The "Put Q¢@lvvcAVP /aa1�A 1-6 fP11via email. Pl H0 rt rt 4li f I! time toJt@si I docume�tunienPtdis tttufiinmy home and everyone to grow up." - Lori Anderson, Helen Pickering, Palo Alto neighborhood is very poor." - Timothy Palo Alto "As quickly as possible." - William Mitchell, Palo Alto "Do not dither!" - Anonymous, Palo Alto "Reception for cell phones sucks! Please move forward with plans for better reception!!" - Nora Raggio, Palo Alto "Please facilitate a faster wireless service." - Paul Vadopalaj, Palo Alto "Midtown cell reception is horrible. Fix it!" - Vinay Pai, Palo Alto "Service is terrible in my apartment!' - Punit Govenji, Palo Alto "There is cell signal in my home. I have serious safety concerns." - Julia Yu, Palo Alto "Our current wireless signal is too weak. We have to go outside to make a phone call!" - Tom Craig, Palo Alto "We have no service at home, nor at our office." - David Rosenaal, Palo Alto "I never have any service on Embarcadero Rd." - Estellita Hall, Palo Alto "They can put an antenna on my property! We need it - this is Silicon Valley!" - Stephen, Rothenberg "About time!" - Curt & Margaret Weil, Palo Alto "It's necessary." - Elwood Brown, Palo Alto "This would really be a great help to us." - Mark & Jeanne Lepper, Palo Alto Rogers, Palo Alto "This is one issue I support fully. We all want better wireless connectivity wherever we travel and that requires upgrading the network." - Donald Levy, Palo Alto "The cell service in Palo Alto is terrible!" - Joseph Mollick, Palo Alto "Yes, please!!" - Elizabeth Lucchesi, Palo Alto "We have dreadful cell phone connectivity." - Anne & Ed Schmitt, Palo Alto "I have one bar at my house! The utility "It is ridiculous that people who buy a poles are already ugly." - James home on a busy road like Middlefield Holsworth, Palo Alto Rd. think that adding an antenna will reduce the value of their property!" - "I am tired of NIMBYism. And I am tired Charles Wilson, Palo Alto of lousy signal strength! Allow the problem to be fixed!" - Miles Coatsee, "We desperately need this upgrade." - Palo Alto Lyllian Kronberg "For the being the capital of Silicon "Help!" - Merry Hinckley, Palo Alto Valley our whole infrastructure sucks." - Roger McCarthy Wd ZS :S L L/LZ/L L 8i L ppu!'ZHd IIEW oTIVoIEd 11VOL L L L L ived Wed 1/18/2012 12:16 PM via email. Planning Staff did not have time to review this document prior to the packet distribution. LET THEM KNOW Tell the City Council you want better coverage and faster wireless. It's time to let AT&T upgrade our network in Palo Alto and give residents the network they deserve. All VnlINFFfTnn(' Fill out and mail the attached postcard — postage is free. 899'ON l!WJOd V3 A1!O POOMPGH 4IVd O TSOd'SYl UiS INSZId •uaddeq ji aiew ueo liaunoD /4!3 o1ld oled aul 501b6 VD'oas! USJ1JLN UC �aaalS la�I�eW 5Z5 C But first, the City Council needs to know you want better coverage and faster wireless. NO POSTAGE NECESSARY IF MAILED IN THE UNITED STATES BUSINESS REPLY MAIL FIRST-CLASS MAIL PERMIT NO.11 BELMONT CA POSTAGE WILL BE PAID BY ADDRESSEE AT&T PO BOX 5251 BELMONT, CA 94002-9925 wJ I I.I...I..I I I...I I.....I.I I.I..I.I....1.I 1 I.I 1 I I...I WdtS:S LL/L5/LL Z ppU!'ZHd I!EW OIIVOIEd 11VOLLLLL ived Wed 1/18/2012 12:16 PM via email. Planning Staff did not have time to review this document prior to the packet distribution. _ __ _ __ _ 1 _ _ _ _ _ _ _ _ __ _ __ _ r _ __ r"% _ 1 _ AI-_ Upgrading Palo Alto's wireless network will mean better coverage and improved call quality. Faster mobile data speeds to surf the web, send important files, and download music and videos Fewer dropped calls thanks to increased capacity Bolsters public safety for Palo Alto Tell the City Council you want AT&T to bring faster wireless to Palo Alto. Mail in the attached postcard now — postage is free. To learn more about the benefits for residents of Palo Alto, visit att.com/wireless4paloalto Dear Palo Alto City Council MY NAME ADDRESS EMAIL COMMENTS '7 I support upgrading the AT&T wireless network to bring better coverage and faster wireless to Palo Alto. ZIP PHONE Mail in your postcard and we will make sure the City Council receives it. Please include your contact information so they will know you are from Palo Alto. We will also keep you informed about our progress in upgrading Palo Alto's network. Received Wed 1/18/2012 12:16 PM via email. Planning Staff did not have time to review this document prior to the packet distribution. Received Wed 1/18/2012 12:16 PM via email. Planning Staff did not have time to review this document prior to the packet distribution. Li •...S.• Y -- QUAD BAND -POL TRI-SECTOR ANTENNA (24"H x 1611 BASE DIAMETER) PG&E PROVIDED METER BASE (18"H x 9.5"W x 8"D) GROUND BAR (11"Hx 4"Wx3/8"D) OPTICAL NETWORK INTERFACE (13"H x 13'1W x 3.75"D) K1815KT STANDOFF PIPE MOUNT (36"H x 24"W x 2 3/811 OD) Kathrein Antenna Mount (20"H x 11"W) PRISM REMOTE (52.4'1H x 12.15"W x 10.125"D) ALPHA MMOE OUTDOOR UPS/ BATTERY BACK UP (27"'H x 22'1W x 18"D) FWP-U PS14000050-1 (WITH 6" STANDOFF BRACKET 27"H x 22" x 24"D) ✓F� ` �sj 1!� 'C a'�i"''-7�.,��.�.1� x. '. ��a �� iq5 • . !''?,,j. ,'�.r� ,..'� yr. m .� �m.Tj, M°f� R{ay 'f iti � R � ,4- "y4? ✓ 3 . ':1 t�..! 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A.' ^ .� 4 t:•r� x "'1 •r - - rs � r, €fir 1 ,dpi'- a "�„■Sl 17—.. - .} r � � t ,p.14 i Xr t � ,�F•�I _ s w' a �—.' � :;. r � fir' � .,x�Ya ~,,,_4�f � _ "+� a d. _.- E +'�?� � -�:�a'r.,}t °�' s� S, ��.x 'Y' r'���� �+S°Z'4�' 6 S � r & i K cs;. lyr. r�tp:� ��B q I iL UR'Sti = Pr'opc ed New Cingular Wireless PCS, LLC Application for Development Review Permit Outside Distributed Antenna System (DAS) City of Palo Alto September 6, 2011 Project Description AT&T is interested in deploying an outside "distributed antenna system" (DAS) to bolster voice and data capacity in areas of the City of Palo Alto. DAS is comprised of a network of small, low power antennas, usually placed on poles, which are connected to common radio equipment within a limited geographic area. This system would fill coverage and capacity gaps within areas of the City that are experiencing high density demand for mobile wireless services. The DAS proposed by AT&T would support the development of technologically advanced communications infrastructure that will facilitate the growth of emerging wireless telecommunications industries in the City of Palo Alto. In addition, residents as well as public safety are increasingly reliant on mobile devices. Data suggests as much as 70% of all mobile calls are made inside buildings and 50% of all calls to 911 are made on mobile devices.' The Police Department reminds residents to know where their phones are to help report crimes. Also, in the event of disasters, first responders and affected residents rely on their cell phones. The DAS system thus will help improve service coverage and reliability and thus help enhance public safety efforts within the City. AT&T's DAS technology is capable of serving multiple carriers with very minimal equipment installation. It is AT&T's intent that its DAS will not only meet the existing demand but also provide the infrastructure for deployment of future 4G demands. 1 National Emergency Numbers Association - "It is estimated that of the 240+ million calls that were made to 9-1-1 in 2006, at least 100 million of them were made by wireless telephone users —that's 50 percent. This is a huge increase from nearly 4.3 million wireless 9-1-1 calls just 10 years ago, and it is anticipated that the number will continue to rise, both due to cellular and IP-based WiFi and WiMAX forms of wireless service." 4 Scope of Work This application is for a Development Review Permit and is being proposed for the construction of the first 20 (page 11)of approximately 80 (page 12) DAS nodes on existing utility poles within the City of Palo Alto. This initial node application will be used to provide wireless service in the area of Northwestern Palo Alto north of Colorado and south of Lincoln Ave. The exact locations of the 20 proposed nodes are depicted on exhibit 11 of this application. The remaining node locations will be applied for on separate applications to address the remaining coverage needs within the City of Palo Alto. Under Section 1.1307(b)(1) of the Federal Communication Commission's rules; the proposed low powered wireless facilities are "categorically excluded" as they are fully compliant with FCC requirements for limiting human exposure to radio frequency (RF) energy and are identified as unlikely to cause exposure in excess of the FCC's guidelines (page 13 - 18). Please see the attached Federal Communications Commission — Local and State Government Advisory Committee Checklist. The facility also will comply with California Public Utility Commission General Orders - 95 and 170. AT&T intends to utilize its existing infrastructure within the City to minimize the impact of deploying DAS on residents of the City of Palo Alto. The DAS system will primarily use existing underground fiber to connect the DAS nodes to the DAS radio equipment hub which is located inside the local AT&T central switching office. AT&T Mobility will purchase local fiber transport from AT&T California. If AT&T California does not have fiber to any node location, it will be 5 necessary to place new fiber and in a few instances new conduit. In these instances, new conduit will be necessary only from the nearest manhole or pole to the node; generally, this should be between 50 to 250 feet. If fiber or power is not already located in the manhole, it generally can be pulled through existing conduit without the need for additional trenching or new conduit. In an effort to minimize trenching, power and fiber can share the same trench where feasible. All of the DAS nodes will be located within the public ROW on existing utility pole. Replacement of a utilities pole will be necessary if the pole is found to be noncompliant with General Orders - 95 and 170. For utility poles that must be replaced, it will remain at the existing height unless a change is requested by AT&T California or Palo Alto Utilities. On August 4th, 2011 AT&T attended a preliminary study session for this DAS project with the Palo Alto Architectural Review Board. As a result each node locations were reviewed and aesthetics guidelines from the ARB panel were adhered to where possible. The battery cabinets were moved higher on the pole to avert it from line of sight. And where applicable, nodes were moved to avoid being in front of second story windows. Also, nodes locations were reassessed to account for maximum screening with the available foliage. (page 19 - 21) The DAS nodes consist of two remote prism antennas (which are 24 inches tall with a 16 -inch diameter) that are mounted on top of existing/replacement poles. They are set on saddle bracket arms that are 5 feet, 5 inches wide such that the surfaces of the antennas are 5 feet horizontally apart from each other. The arms are mounted at the top of a 9 feet tall fiber glass extension that is mounted to the top of the pole. In total, the extension will be 8 feet above the top of the utility pole in order to maintain GO95 separation. This is shown on page 22. For a utility pole mounted cabinet design, a 10 inches high by 5.5 inches wide by 5 inches deep quick disconnect, a 11 inches high by 4 inches wide by and 3/8 inches deep ground bus bar mounted 9 feet above the ground line. Above that sits a Tyco remote cabinet that is 52.4 inches tall by 12.2 inches deep by 11.2 inches wide. And above that is the Alpha battery cabinet that is 27 inches high by 22 inches wide by 18 inches deep. Lastly, above that is a demark box that is 13 inches tall by 13 inches wide by 3.75 inches deep. This is shown on page 30. All the attached equipment is configured such that it blends into the width of the pole. Equipment is generally green or tan/beige, and designed to blend in with equipment usually found in the streetscape. Two of the cabinets produce measureable acoustical results. Both have theoretical maximum acoustical performance of 46dB, without isolating ambient noise from the environment, at a distance of 20 feet, which is a rough approximation of the typical distance from a user on the ground. AT&T Mobility expects the actual acoustical performance of the cabinet to be quieter than these theoretical maximums. Description of Construction The antenna structure installation may involve the removal and replacement of the utility poles. A new foundation will be excavated (size dependent on soil conditions), and conduits containing coaxial cables (from the Remote cabinet), and power. Trenching will typically extend to a depth of 36 inches below grade. The following is a description of the work involved in the installation of the Myers cabinet and ground mounted remote. The typical sequence for construction of these nodes will be as follows: 7 • Remote & Myers cabinet excavation and trenching -- An excavation will be made via backhoe to accommodate the proposed concrete slab for the equipment/meter cabinet with trenching from the cabinet location to the pole(s) and/or power connection point, as necessary. An additional trunk will haul and hold supplies. Excavated material will be exported from the site using a dump truck. Backhoe and dump truck will be manned and idling throughout the excavation process and then turned off; generator on truck will run during construction. • Utility pole replacement -- The existing foundation will be removed and replaced with new foundation adequate for new pole installation. • Electrical Installation -- Once conduit and cabinet are in place, cables will be installed to connect the new cabinet to the serving manhole. The power panel will be set by an electrical contractor. SCE will then be called to set the power meter. • Testing -- Final testing of cabinet equipment and antennas will be performed after electrical power is provided to the site. • Duration and Estimated Personnel -- Typical duration for active construction of each node will be 10 days with 2 trucks and 1-3 workers, with traffic control and Department of Transportation approvals required for lane closures associated with trenching, excavation of pad and caisson foundations, and setting of the pole. NORTH PALO ALTO Polygons Existing Coverage Legend In -Building Service In -Transit Service - Outdoor Service • Existing Site • Future DAS Site City Boundary at&t NORTH PALO ALTO Polygons Proposed (Bottom) Coverage Legend In -Building Service In -Transit Service Outdoor Service • Existing Site • Future DAS Site City Boundary 10 Phase 1 AT&T oDAS Project / \9 \ %\7'\ \ Y " A \ - N Legend N10B, 179 Lincoln Ave near Emerson St, 42' 5" N17A, 109 Coleridge Ave, 46' N28A, 1650 Waverley St, 46' N4A, 464 Churchill Ave, 44' 5" N13A, 1851 Bryant St, 43' 8" N18A, 1345 Webster St near Melville Ave, 48' N29A, Waverly St & Whitman Ct (opposite 1221 Waverly), 51' N5B, 255 N California Ave near Ramona St, 44' N14A, 1401 Emerson St near Kellogg Ave, 42' N1 B, SD 2101 Waverley St on Santa Rita Rd, 42' 5" N34A, 105 Rinconada Ave, 34' 5" N7A, 1082 Cardinal Way near Aztec Way, 36' N16A, 1880 Park Blvd, 33' 8" N20A, 2326 Webster St near Oregon Ave, 46' N39A, 1720 Webster St, 43' NBA, 525 Lincoln Ave near Cowper St, 51' N16B, SD 134 Park Blvd on Ash St., 37' 5" N21A, 968 Dennis Dr near Burnham Way, 38' N3A, 2704 Louis Rd, 46' 5" N9A, Oregon Expressway near Ross Rd, 38' I'8I:::; AT&T Proprietary (Internal Use Only) at&t 11 Vd Not for use or disclosure outside the AT&T companies except under written agreement. Telco proprietary data is not to be disclosed to siloed employees. �9cS 11 01 J� Q • S • sy • • • N° N • O EMB RCADERO RD O 82 9 Qy • • 01 PALO ALTO a OJT Y aa O O C �`� FZ�ES�pNR yqR STO � � MPHITHEATR O a FO T y/<< FkA GNP�� C, - a, Legend *Polygon 1 *Polygon 2 QCity Bounds Palo Alto DAS all forecasted Nodes 1 1 1 1 • ' ��y ��. ESRI Federal Communications Commission - Local and State Government Advisory Committee (June 2000) A Local Government Official's Guide to Transmitting Antenna RF Emission Safety: Rules, Procedures, and Practical Guidance APPENDIX A Optional Checklist for Local Government To Determine Whether a Facility is Categorically Excluded Purpose: The FCC has determined that many wireless facilities are unlikely to cause human exposures in excess of RF exposure guidelines. Operators of those facilities are exempt from routinely having to determine their compliance. These facilities are termed "categorically excluded." Section 1.1307(b)(1) of the Commission's rules defines those categorically excluded facilities. This checklist will assist state and local government agencies in identifying those wireless facilities that are categorically excluded, and thus are highly unlikely to cause exposure in excess of the FCC's guidelines. Provision of the information identified on this checklist may also assist FCC staff in evaluating any inquiry regarding a facility's compliance with the RF exposure guidelines. BACKGROUND INFORMATION 1. Facility Operator's Legal Name: 2. Facility Operator's Mailing Address: 3. Facility Operator's Contact Name/Title: 4. Facility Operator's Office Telephone: 5. Facility Operator's Fax: 6. Facility Name: 7. Facility Address: 8. Facility City/Community: 9. Facility State and Zip Code: 10. Latitude: 11. Longitude: continue 13 Optional Local Government Checklist (page 2) EVALUATION OF CATEGORICAL EXCLUSION General Wireless Communications Service 12. Licensed Radio Service (see attached Table 1): 13. Structure Type (free-standing or building/roof-mounted): Utility Pole -Mount 14. Antenna Type [omnidirectional or directional (includes sectored)]:Omnidirectional 15. Height above ground of the lowest point of the antenna (in feet): ?40 feet above the ground 16. X Check if all of the following are true: (a) This facility will be operated in the Multipoint Distribution Service, Paging and Radiotelephone Service, Cellular Radiotelephone Service, Narrowband or Broadband Personal Communications Service, Private Land Mobile Radio Services Paging Operations, Private Land Mobile Radio Service Specialized Mobile Radio, Local Multipoint Distribution Service, or service regulated under Part 74, Subpart I (see question 12). (b) This facility will not be mounted on a building (see question 13). (c) The lowest point of the antenna will be at least 32.8 feet (10 meters) above the ground (see question 15). If box 16 is checked, this facility is categorically excluded and is unlikely to cause exposure in excess of the FCC's guidelines. The remainder of the checklist need not be completed. If box 16 is not checked, continue to question 17. 17. Enter the power threshold for categorical exclusion for this service from the attached Table 1 in watts ERP or EIRP* (note: EIRP = (1.64) X ERP): 18. Enter the total number of channels if this will be an omnidirectional antenna, or the maximum number of channels in any sector if this will be a sectored antenna: 19. Enter the ERP or EIRP per channel (using the same units as in question 17)• 20. Multiply answer 18 by answer 19: 21. Is the answer to question 20 less than or equal to the value from question 17 (yes or no)? If the answer to question 21 is YES, this facility is categorically excluded. It is unlikely to cause exposure in excess of the FCC's guidelines. If the answer to question 21 is NO, this facility is not categorically excluded. Further investigation may be appropriate to verify whether the facility may cause exposure in excess of the FCC's guidelines. *"ERP" means "effective radiated power" and "EIRP" means "effective isotropic radiated power 14 AT&T Mobility • Proposed oDAS Nodes Nine Joint Pole Locations • Palo Alto, California Statement of Hammett & Edison, Inc., Consulting Engineers The firm of Hammett & Edison, Inc., Consulting Engineers, has been retained on behalf of AT&T Mobility, a personal wireless telecommunications carrier, to evaluate the distributed antenna system proposed to be developed in Palo Alto, California, for compliance with appropriate guidelines limiting human exposure to radio frequency ("RF") electromagnetic fields. Executive Summary AT&T proposes to install an outside Distributed Antenna System (oDAS) in Palo Alto, consisting initially of antennas on nine utility poles. The proposed operations will comply with the FCC guidelines limiting public exposure to RF energy. Prevailing Exposure Standards The U.S. Congress requires that the Federal Communications Commission ("FCC") evaluate its actions for possible significant impact on the environment. A summary of the FCC's exposure limits is shown in Figure 1. These limits apply for continuous exposures and are intended to provide a prudent margin of safety for all persons, regardless of age, gender, size, or health. The most restrictive FCC limit for exposures of unlimited duration to radio frequency energy for several personal wireless services are as follows: Wireless Service Frequency Band Occupational Limit Public Limit Microwave (Point -to -Point) 5,000-80,000 MHz 5.00 mW/cm2 1.00 mW/cm2 BRS (Broadband Radio) 2,600 5.00 1.00 AWS (Advanced Wireless) 2,100 5.00 1.00 PCS (Personal Communication) 1,950 5.00 1.00 Cellular 870 2.90 0.58 SMR (Specialized Mobile Radio) 855 2.85 0.57 700 MHz 700 2.35 0.47 [most restrictive frequency range] 30-300 1.00 0.20 Power line frequencies (60 Hz) are well below the applicable range of these standards, and there is considered to be no compounding effect from simultaneous exposure to power line and radio frequency fields. HAMMETT & EDISON, INC. CONSULTING ENGINEERS K4DE SAN FRANCISCO Page 1 of 4 15 AT&T Mobility • Proposed oDAS Nodes Nine Joint Pole Locations • Palo Alto, California Computer Modeling Method The FCC provides direction for determining compliance in its Office of Engineering and Technology Bulletin No. 65, "Evaluating Compliance with FCC -Specified Guidelines for Human Exposure to Radio Frequency Radiation," dated August 1997. Figure 2 attached describes the calculation methodologies, reflecting the facts that a directional antenna's radiation pattern is not fully formed at locations very close by (the "near -field" effect) and that at greater distances the power level from an energy source decreases with the square of the distance from it (the "inverse square law"). The conservative nature of this method for evaluating exposure conditions has been verified by numerous field tests. Site and Facility Description Based upon information provided by AT&T, including its application filing dated October 28, 2010, that carrier proposes to install two Kathrein Model 840-10515 antennas each on top of nine existing utility poles within the City of Palo Alto. The antennas will be placed at an effective height of about 8 feet above the top of the pole, ranging between 41 and 60 feet above ground depending on the height of the pole. AT&T proposes to operate in three frequency bands at a maximum effective power out of the antennas equal to 129 watts, representing simultaneous operation at 76 watts for PCS and 53 watts for cellular service on one antenna and at 82 watts for 700 MHz service on the second antenna. There are reported no other wireless telecommunications base stations near any of these sites. Study Results For a person anywhere at ground, the maximum ambient RF exposure level due to any of the proposed AT&T operations is calculated to be 0.0020 mW/cm2, which is 0.41% of the applicable public exposure limit. The maximum calculated level at the second -floor elevation of any nearby residence is 0.80% of the public exposure limit. The table below lists all nine sites and the calculated exposure levels at ground and at the second -floor elevation near each site. It should be noted that these results include several "worst -case" assumptions and therefore are expected to overstate actual power density levels from the proposed operation. These calculated levels do not add significantly to existing levels in terms of compliance with the prevailing standards. That is, these levels will not cause cumulative levels — including existing power density levels in the surrounding areas — to exceed the public or occupational exposure limits. HAMMETT & EDISON, INC. CONSULTING ENGINEERS K4DE SAN FRANCISCO Page 2 of 4 16 AT&T Mobility • Proposed oDAS Nodes Nine Joint Pole Locations • Palo Alto, California AT&T City Antenna Maximum Calculated Exposure Level Node # Pole # Site Address Height at Ground at Second Floor N5B 4717 255 N. California Ave. 52 ft 0.0012 mW/cm2 0.0019 mW/cm2 near Ramona Street 0.27% public 0.39% public N10B 5703 N13A 4891 N14A 5750 N16B 0899 N17A 1086 N28A 4830 N29A 5594 N34A 1036 179 Lincoln Avenue near Emerson Street 1865 Bryant Street at Seale Avenue 1401 Emerson Street near Kellogg Avenue 395 Leland Avenue at Ash Street 119 Coleridge Avenue near Alma Street 1664 Waverly Street at Lowell Avenue Waverly Street & Whitman Court 135 Rinconada Avenue near Alma Street 50'/2 60 0.0012 mW/cm2 0.25% public 0.00083 mW/cm2 0.17% public 50 0.0013 mW/cm2 0.26% public 50 0.0013 mW/cm2 0.26% public 41 0.0020 mW/cm2 0.41% public 60 59 51 0.00083 mW/cm2 0.17% public 0.00086 mW/cm2 0.18% public 0.0012 mW/cm2 0.25% public Recommended Mitigation Measures 0.0020 mW/cm2 0.42% public 0.0012 mW/cm2 0.25% public 0.0021 mW/cm2 0.43% public 0.0021 mW/cm2 0.43% public 0.0039 mW/cm2 0.80% public 0.0012 mW/cm2 0.25% public 0.0011 mW/cm2 0.27% public 0.0020 mW/cm2 0.41% public Due to their mounting locations, the AT&T antennas would not be accessible to the general public, and so no mitigation measures are necessary to comply with the FCC public exposure guidelines. To prevent occupational exposures in excess of the FCC guidelines, no access within 4 feet directly in front of the AT&T antennas, such as might occur during maintenance work on poles, should be allowed while the base station is in operation, unless other measures can be demonstrated to ensure that occupational protection requirements are met. Posting explanatory warning signs* at the antennas and/or on the pole below the antennas, such that the signs would be readily visible from any angle of approach to persons who might need to work within that distance, would be sufficient to meet FCC - adopted guidelines. * Warning signs should comply with OET-65 color, symbol, and content recommendations. Contact information should be provided (e.g., a telephone number) to arrange for access to restricted areas. The selection of language(s) is not an engineering matter, and guidance from the landlord, local zoning or health authority, or appropriate professionals may be required. HAMMETT & EDISON, INC. CONSULTING ENGINEERS K4DE SAN FRANCISCO Page 3 of 4 17 AT&T Mobility • Proposed oDAS Nodes Nine Joint Pole Locations • Palo Alto, California Conclusion Based on the information and analysis above, it is the undersigned's professional opinion that operation of the outside Distributed Antenna System as proposed by AT&T Mobility in Palo Alto, California, will comply with the prevailing standards for limiting public exposure to radio frequency energy and, therefore, will not for this reason cause a significant impact on the environment. The highest calculated level in publicly accessible areas is much less than the prevailing standards allow for exposures of unlimited duration. This finding is consistent with measurements of actual exposure conditions taken at other operating base stations. Authorship The undersigned author of this statement is a qualified Professional Engineer, holding California Registration Nos. E-13026 and M-20676, which expire on June 30, 2011. This work has been carried out under his direction, and all statements are true and correct of his own knowledge except, where noted, when data has been supplied by others, which data he believes to be correct. 'I I E-13026 ► r G M•2o676II William F. Ham tt, P.E. Ex . 6-30-2011)JJ 707/996-5200 March 23, 2011 HAMMETT & EDISON, INC. CONSULTING ENGINEERS SAN FRANCISCO K4DE Page 4 of 4 18 FCC Radio Frequency Protection Guide The U.S. Congress required (1996 Telecom Act) the Federal Communications Commission ("FCC") to adopt a nationwide human exposure standard to ensure that its licensees do not, cumulatively, have a significant impact on the environment. The FCC adopted the limits from Report No. 86, "Biological Effects and Exposure Criteria for Radiofrequency Electromagnetic Fields," published in 1986 by the Congressionally chartered National Council on Radiation Protection and Measurements ("NCRP"). Separate limits apply for occupational and public exposure conditions, with the latter limits generally five times more restrictive. The more recent standard, developed by the Institute of Electrical and Electronics Engineers and approved as American National Standard ANSI/IEEE C95.1-2006, "Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz," includes similar limits. These limits apply for continuous exposures from all sources and are intended to provide a prudent margin of safety for all persons, regardless of age, gender, size, or health. As shown in the table and chart below, separate limits apply for occupational and public exposure conditions, with the latter limits (in italics and/or dashed) up to five times more restrictive: Frequency Applicable Range (MHz) 0.3- 1.34 1.34- 3.0 3.0- 30 30- 300 300- 1,500 1,500- 100,000 1000 100 10 °Q � 1 0.1 Electromagnetic Fields (f is freauencv of emission in MHz Electric Magnetic Equivalent Far -Field Field Strength Field Strength Power Density (V/m) (A/m) (mW/cm2) 614 614 1.63 1.63 100 100 614 823.8/f 1.63 2.19/f 100 180/f 1842/ f 823.8/f 4.89/ f 2.19/f 900/f2 180/f 61.4 27.5 0.163 0.0729 1.0 0.2 3.54'J 1.59ff 4-f/106 ff/238 f/300 f/1500 137 61.4 0.364 0.163 5.0 1.0 Occupational Exposure PCS ♦ FM - F Public Exposure Cell 0.1 1 10 100 103 104 105 Frequency (MHz) Higher levels are allowed for short periods of time, such that total exposure levels averaged over six or thirty minutes, for occupational or public settings, respectively, do not exceed the limits, and higher levels also are allowed for exposures to small areas, such that the spatially averaged levels do not exceed the limits. However, neither of these allowances is incorporated in the conservative calculation formulas in the FCC Office of Engineering and Technology Bulletin No. 65 (August 1997) for projecting field levels. Hammett & Edison has built those formulas into a proprietary program that calculates, at each location on an arbitrary rectangular grid, the total expected power density from any number of individual radio sources. The program allows for the description of buildings and uneven terrain, if required to obtain more accurate projections. HAMMETT & EDISON, INC. FCC Guidelines CONSULTING ENGINEERS SAN FRANCISCO Figure 1 19 RFR.CALCTM Calculation Methodology Assessment by Calculation of Compliance with FCC Exposure Guidelines The U.S. Congress required (1996 Telecom Act) the Federal Communications Commission ("FCC") to adopt a nationwide human exposure standard to ensure that its licensees do not, cumulatively, have a significant impact on the environment. The maximum permissible exposure limits adopted by the FCC (see Figure 1) apply for continuous exposures from all sources and are intended to provide a prudent margin of safety for all persons, regardless of age, gender, size, or health. Higher levels are allowed for short periods of time, such that total exposure levels averaged over six or thirty minutes, for occupational or public settings, respectively, do not exceed the limits. Near Field. Prediction methods have been developed for the near field zone of panel (directional) and whip (omnidirectional) antennas, typical at wireless telecommunications base stations, as well as dish (aperture) antennas, typically used for microwave links. The antenna patterns are not fully formed in the near field at these antennas, and the FCC Office of Engineering and Technology Bulletin No. 65 (August 1997) gives suitable formulas for calculating power density within such zones. net For a panel or whip antenna, power density S = 0 180 X O.1 xx D Px h ' in mW/cm2, sw and for an aperture antenna, maximum power density Smax = 0.1 x 16 x 17 X Pnet :txh2 where 0BW = half -power beamwidth of the antenna, in degrees, and Pnet = net power input to the antenna, in watts, D = distance from antenna, in meters, h = aperture height of the antenna, in meters, and 1] = aperture efficiency (unitless, typically 0.5-0.8). The factor of 0.1 in the numerators converts to the desired units of power density. in mW/cm2, Far Field. OET-65 gives this formula for calculating power density in the far field of an individual RF source: power density S — 4 x ,�r x D2.56 x 1.64 x 100 x RFF2 x ERP Z in mW/cm2, where ERP = total ERP (all polarizations), in kilowatts, RFF = relative field factor at the direction to the actual point of calculation, and D = distance from the center of radiation to the point of calculation, in meters. The factor of 2.56 accounts for the increase in power density due to ground reflection, assuming a reflection coefficient of 1.6 (1.6 x 1.6 = 2.56). The factor of 1.64 is the gain of a half -wave dipole relative to an isotropic radiator. The factor of 100 in the numerator converts to the desired units of power density. This formula has been built into a proprietary program that calculates, at each location on an arbitrary rectangular grid, the total expected power density from any number of individual radiation sources. The program also allows for the description of uneven terrain in the vicinity, to obtain more accurate projections. HAMMETT & EDISON, INC. CONSULTING ENGINEERS Methodology SAN FRANCISCO Figure 2 20 Alternative Aesthetics Fieldinq Analysis FID Design_Sta Sector Node_n CNU_NUM Lat_Pole Long_Pole Pole_Ht PA_Pole_no Locations Fielding Notes Feasible - This pole is between properties and is well screened by a tree canopy from both directions. It is offset from the 2nd story the 16 in -design A N18A CCU1332 37.442849 -122.147307 48 5508 1345 Webster St near Melville Ave windows of 1345 Webster. Feasible - This pole has no tree cover in either direction on thou pole. Also, secondary power drops and riser will have to be moved in order to alternate A N18A CCU1332 37.443030 -122.147630 5509 SD 610 Melville Ave attach the antennas. Feasible - This pole is set between 1345 & 1357 Webster which both have 2nd story windows and is located next to a driveway. This makes alternate A N18A CCU1332 37.442690 -122.147080 5507 1357 Webster St it a poor choice aesthetically. Feasible - This Pole is next to alley way with tree screening on 3 27 in -design A N29A CCU1332 37.441226 -122.151138 51' 5594 Waverly St & Whitman Ct (opposite 1221 Waverly) sides. Feasible - This pole has no tree screening and has a power conductor alternate A N29A CCU1332 37.441440 -122.151500 5593 1220 Waverley St on pole top. These factors make it an aesthetically poor choice. Feasible - This is a corner pole with some tree screening. While alternate A N29A CCU1332 37.441630 -122.151830 5592 1146 Waverley St feasible corner poles are not preferred by the City. Feasible - There is no tree screening on the pole. However, small trees do provide some screening from pedestrian view in both directions. alternate A N29A CCU1332 37.441010 -122.150830 5595 1248 Waverley St Also, this pole has a transformer on it. alternate A N29A CCU1332 37.440770 -122.150440 5596 1300 Waverley St Feasible - This is a corner pole and has no tree screening. Feasible - I his pole is between properties set near back yard. Although, there is no tree screening on the pole itself, there are large trees on surrounding properties that prevent neighbors from seeing the equipment. This makes it a better choice than the other 7 in -design A N8A CCU1332 37.444021 -122.151367 51' 5320 525 Lincoln Ave near Cowper St 3 alternatives. Feasible - This pole is set between property, but has no tree screening. Also, there is little screening from the 2nd story window of 538 Lincoln. Finally, there is a transformer on pole. This maybe a aesthetically poor alternate A N8A CCU1332 37.444360 -122.151090 5319 539 Lincoln Ave choice. Feasible - There is very little tree screening on this pole in one direction and no screen in the other direction. It's also closer to Addison alternate A N8A CCU1332 37.444640 -122.150770 5318 595 Lincoln Ave Elementary school. Feasible - This is a corner pole that has no tree screening. Additionally there is already a battery box attached to the pole for CATV. This is an alternate A N8A CCU1332 37.443620 -122.151860 5544 467 Lincoln Ave aesthetically poor choice. Feasible - This is a corner pole, but there is a large tree that 26 alternate B N28A CCU1332 37.437674 -122.145639 52' 4830 1664 Waverley St Lowell Ave provides great screening. ease e - this pole is between properties and aBhough there are no trees next to the pole to provide screening there is a very large trees on the adjacent properties that provide screening from the in -design B N28A CCU1332 37.437913 -122.145953 46' 4829 1650 Waverley St homes. Feasible - There is a large tree that provides screening on the adjacent property. However, the birch tree across the street may provide limited alternate B N28A CCU1332 37.437497 -122.145288 4831 SD 370 Lowell Ave on Waverley St screening from the 2nd storywindows. Feasible - This pole is between homes, but there is no tree screening alternate B N28A CCU1332 37.438044 -122.145241 4635 415 Lowell Ave and the equipment will be visible to 2nd story across the street. alternate B N28A CCU1332 37.437345 -122.145928 4636 353 Lowell Ave Feasible - This pole has no tree screening and has a transformer on it. Feasible - This is a dead end pole with no tree screening. It will be visible from 2nd Story window and balcony of the adjacent property. alternate B N28A CCU1332 37.437127 -122.146145 4637 335 Lowell Ave This is a aesthetically poor choice. Feasible - This pole has no tree screening and is 25' from the front 36 alternate B N39A CCU1332 37.439950 -122.142882 42' 4758 1700 Webster St near Lowell Ave entrance of 1700 Webster. Feasible - This pole is between properties and has a good tree screening in both directions. However, it is located next to the in -design B N39A CCU1332 37.439790 -122.142650 ? 4759 1720 Webster St driveway of 1720 Webster which is set back approx. 80' from pole. Not feasible - This pole is inadequate in height and will not address the coverage gap. Also, the big redwood tree 15' from pole will block the alternate B N39A CCU1332 37.439700 -122.142320 4761 1745 Webster St intended coverage area. alternate B N39A CCU1332 37.440110 -122.143240 4757 569 Lowell Ave Feasible - This is a corner pole and there is very little tree screening. Feasible - This is a corner pole, but it is well screened by a big oak 3 alternate B N4A CCU1332 37.440453 -122.146846 38' 5559 474 Churchill Ave Cowper St tree. Feasible - This pole is between properties and is well screened by trees in 3 directions. There is a Lawn Bowling Club across the in -design B N4A CCU1332 37.440200 -122.147020 ? 5428 464 Churchill Ave street. This is a good candidate. Feasible - This pole is between properties but is next to a driveway. Trees only provide screening in one direction and there is transformer with a 4" secondary power riser on pole. This will impact climbing alternate B N4A CCU1332 37.440740 -122.146450 5429 528 Churchill Ave space. This is aesthetically not a good candidate. Not Feasible - This pole is adjacent to Lawn Bowling Club. There is no tree screening in either direction and a big redwood tree is blocking the alternate B N4A CCU1332 37.440550 -122.147030 5558 1499 Cowper St intended coverage area. Not Feasible - This pole is between properties but next to a driveway. alternate B N4A CCU1332 37.110110 -122.146210 5560 1550 Cower St Also, a big redwood tree is blocking the intended coverage area. Feasible - This pole is between properties and is very well screen in 9 in -design C N10B CCU1332 37.439805 -122.155517 425' 5703 179 Lincoln Ave near Emerson St 3 directions by trees. Feasible - This pole is between properties and has a little screening alternate C N10B CCU1332 37.439670 -122.155750 5704 151 Lincoln Av from pedestrian view from both directions. Not Feasible - This is a corner pole that has a little tree screening. However, there are high voltage transmission line on pole that can not alternate C N10B CCU1332 37.439900 -122.155360 5684 1102 Emerson ST be moved. alternate C N10B CCU1332 37.440010 -122.155470 5686 189 Lincoln Av Not Feasible - This is a corner pole and has no tree screening. Feasible - This pole is well screened by a large oak tree on top and 12 in -design C N14A CCU1332 37.437427 -122.151262 42' 5750 1401 Emerson St near Kellogg Ave hedges below. Feasible - This pole is between properties, but there is no tree screening and it's next to a driveway. Additional there is a transformer on pole with 2 - 2" risers and another 1 - 4" power riser. Which will eat alternate C N14A CCU1332 37.437240 -122.151010 5749 1429 Emerson St up climbing space. Feasible - This is a corner pole with very little screening. It's also close alternate C N14A CCU1332 37.437720 -122.151640 5751 255 Kellogg Av to Castilleja School. Feasible - This pole is between properties and is well screened by a tree. However, it may be visible from windows of 159 Kellogg & 1360 alternate C N14A CCU1332 37.437390 -122.151950 5743 159 Kellogg Ave Emerson. 21 Alternative Aesthetics Fielding Analysis Feasible - This pole is between properties, but has a little screening 15 alternate C N17A CCU1332 37.435161 -122.150050 33' 1086 119 Coleridge Ave near Alma St by an evergreen in front of 119 Coleridge. Feasible - This pole is near a corner of Alma St which is a major thoroughfare. There is a tree canopy which will provide adequate in -design C N17A CCU1332 37.434930 -122.150340 ? 6939 109 Coleridge Ave screening in the direction away from Alma St. Feasible - This pole is between properties, but may be viewable outside of the 2nd story window of 127 Coleridge. Also, it has transformer and alternate C N17A CCU1332 37.435390 -122.149860 1085 133 Coleridge Ave 4" power riser. Feasible - There is a large oak tree that will provide screening to this pole. However, it is close to the walkway to the front entrance of 151 alternate C N17A CCU1332 37.435640 -122.149670 1083 151 Coleridge Ave Coleridge and has a transformer and power riser. Not Feasible - Although this corner pole is on a major thoroughfare, alternate C N17A CCU1332 37.434940 -122.150370 0996 SD 109 Coleridge Ave on Alma St there are high voltage transmission lines that will not be able to move. 11 alternate A N13A CCU1332 37.434988 -122.144240 52' 4891 1865 Bryant St Seale Ave Feasible - This corner pole is well screened by the tree canopy. ease e - I nis pole is well screened n botO directions by trees. However, it is next to driveway of 1837 Bryant, but is away from windows. It will requires primary conductor be moved from pole top to make room for antenna and there is a transformer on the in -design A N13A CCU1332 37.435280 -122.144620 ? 4892 1851 Bryant St Dole. Not Feasible - This pole is on the side of a property, but it has no tree alternate A N13A CCU1332 37.434910 -122.143950 4891 SD 310 Seale Ave screening and has no space to attach the equipment. Feasible - This pole is next to a drive way and will be visible from 2nd alternate A N13A CCU1332 37.434720 -122.144440 4677 1854 Bryant St story houses. Also, there is a transformer on pole. Feasible - This pole is in front of a house and will be visible from the 2 story window. There is some tree coverage up and down the street. alternate A N13A CCU1332 37.435210 -122.144040 4676 311 Seale Ave Also, there is a transformer and 1-4" secondary power riser. Feasible - This pole is between properties and has tree screening in both directions. However, it is next to a drive way and is visible 31 alternate A N34A CCU1332 37.432161 -122.144872 43' 1036 135 Rinconada Ave near Alma St from the 2nd story window of 130 Riconada Ave. Feasible - This pole is near the corner of Alma St which is a main thoroughfare. There is some tree screening and trees will provide in -design A N34A CCU1332 37.431870 -122.145320 ? 1038 105 Rinconada Ave screening in the direction away from Alma St. Feasible - This pole is next to a drive way and there is no tree alternate A N34A CCU1332 37.432090 -122.145130 1037 111 Riconada Ave screening. Feasible - This pole is next to a drive way and there is no tree alternate A N34A CCU1332 37.432690 -122.144680 1034 151 Riconada Ave screening. Feasible - This pole is located in front of the garage for 255 & 275 driveway, away from any windows. Trees will provide some 4 in -design A N5B CCU1332 37.431963 -122.140278 44' 4717 255 N California Ave near Ramona St screening to the pole from both directions. Feasible - This is a corner pole, but is partially screened by a tree alternate A N5B CCU1332 37.431710 -122.140470 4909 255 N. California Av canopy. Feasible - This pole is close to a corner and close to the front walkway alternate A N5B CCU1332 37.431540 -122.140320 4908 2255 Ramona St of the adjacent property. Also, there is a transformer on the pole. Feasible - This corner pole is located next to the First Baptist church. It alternate A N5B CCU1332 37.432380 -122.139970 4878 305 N. California Ave has no tree screening. Feasible - This pole is located in front of the First Baptist church. It has alternate A N5B CCU1332 37.432583 -122.139776 305 N. California Ave no tree screening. Not Feasible - This pole has no space to attach any equipment. There is a transformer, a secondary power riser, CATV & phone risers on pole alternate A N5B CCU1332 37.432170 -122.139660 4877 2257 Bryant St on it. Feasible - This is a corner pole and is not screened by a tree 37 alternate B NIB CCU1332 37.434636 -122.140881 45 4848 2110 Waverley St at Santa Rita Rd canopy. Feasible - This pole is on the side of the property and is screened in both direction by a tree canopy. Transformer is a transformer but in -design B NIB CCU1332 37.434907 -122.140654 425' 4692 SD 2101 Waverley St on Santa Rita Rd the pole has adequate space to meet our requirements. Not Feasible - This pole is not well screen by a tree canopy, is visible from he 2nd story window, and the tree next to it encumbers work alternate B N1B CCU1332 37.434337 -122.141220 4691 350 Santa Rita Rd space. Feasible - This pole is between properties, but is not screened by a tree alternate B N1B CCU1332 37.434831 -122.141243 4847 2050 Waveily St canopy and is visible from 2nd story houses. Not Feasible - This pole is between properties, but next to a drive way alternate B N1B CCU1332 37.434465 -122.140466 4849 2122 Wuverly St and has no space available to attach our equipment. Not Feasible - This pole does not have adequate space to attach our alternate B N1B CCU1332 37.435141 -122.140415 4693 SD 2101 Waverley St on Santa Rita Rd equipment. There is a load/repeater on it and it's next to a driveway. Feasible - This pole is between properties and is screen in both 18 in -design B N20A CCU1332 37.435182 -122.135527 46' 4781 2326 Webster St near Oregon Ave directions by a tree canopy. Feasible - This pole is only partially screened by a tree canopy. Also, it moves the node away from intended coverage and may cause a gap in alternate B N20A CCU1332 37.434905 -122.135206 4782 2344 Webster St coverage. Feasible - This pole is between properties but it has no tree screening alternate B N20A CCU1332 37.435314 -122.135875 4780 2280 Webster St and is next to a driveway. Feasible - This pole is between properties but it has no tree screening alternate B N20A CCU1332 37.435534 -122.136151 4779 2250 Webster St and is next to a driveway. Feasible - This pole is well screened on all side by a substantial tree canopy which includes and evergreen. It is on Oregon Expwy 8 in -design B N9A CCU1332 37.437441 -122.131095 38' 3095 Oregon Expressway near Ross Rd which is a major thoroughfare and is not located in a back yard. Not Feasible - Pole is located in the residents backyard and will not be alternate B N9A CCU1332 37.437126 -122.131280 R 755 Coastland Dr on Oregon accessible. Has abundant tree cover. Not Feasible - Pole is located in the residents backyard and will not be alternate B N9A CCU1332 37.437699 -122.130712 R 767 Coastland Dr accessible. Has abundant tree cover. Not Feasible - Pole is located in the residents backyard and will not be alternate B N9A CCU1332 37.437867 -122.130517 SD 2410 Ross Rd on Oregon accessible. Has tree cover but not on the side facing resident. Feasible - This pole is located to on the side of a house and currently well screened by 30juniper that tapers in diameter from the ground up. The battery cabinet would be less visible if place lower on the pole. The equipment should be mounted on the east 19 in -design C N21A CCU1332 37.442083 -122.125762 38' 6882 968 Dennis Dr near Burnham Way side of the pole and will be screen from the 3 other directions. Not Feasible - The Ash tree will block intended coverage area but does not provide much screening. Also this pole is located in a resident's alternate C N21A CCU1332 37.442340 -122.126162 Rear of 2424 Burnham Way backyard and will not be accessible. 22 Alternative Aesthetics Fielding Analysis Not Feasible - Pole is located in the residents backyard and will not be accessible and will not provide much screening of equipment from alternate C N21A CCU1332 37.441908 -122.125499 Rear of 2460 Burnham Way residents or view from the street. Feasible - Redwood trees block intended coverage area, but does not provide screening. Also, this pole is located next to a driveway and alternate C N21A CCU1332 37.441708 -122.125234 2480 971 Celia Dr would be a poor choice aesthetically. Not Feasible - Pole is located in the residents backyard and will not be accessible and will not provide much screening of equipment from alternate C N21A CCU1332 37.442090 -122.126437 Rear 959 Dennis residents. Transformer pole. Feasible - This pole is not screened by the tree canopy and is 2 alternate C N3A CCU1332 37.438625 -122.124878 42' 5" 4209 905 Amarillo Ave Louis Rd visible from 2nd story window. Feasible - This pole is between properties on a major road and has in -design C N3A CCU1332 37.438154 -122.124542 ? 2455 SD 2704 Louis Rd trees that will provide screening along both pedestrian direction. Not Feasible - This pole is on the side of a house and has some tree coverage but is near a corner. Also, there are high voltage lines cannot be relocated in order for us to attach our antennas along any pole on alternate C N3A CCU1332 37.438630 -122.125048 3204 SD 905 Amarillo Ave on Louis Rd the north side of Louis Rd. Feasible - This pole is in front of the 2nd story windows of the adjacent alternate C N3A CCU1332 37.438472 -122.125102 2453 SD 896 Fielding Dr on Louis Rd property. There is some tree coverage from one viewing direction. Not Feasible - This pole is in-between properties and next to a VRAD. There is some tree screening from one direction. Also, there is a high alternate C N3A CCU1332 37.438353 -122.124903 2454 2692 Louis Rd power disconnect on pole. So, it's not the best candidate. Feasible - This is a corner pole that has no tree screening and is in front alternate C N3A CCU1332 37.438698 -122.125416 3114 SD 893 Fielding Dr on Louis Rd of 2nd story storywindows. Which makes it an a aesthetically poor choice. Feasible - This is a well screened pole; however, placement of the equipment will require the removal of 6' of hedge in front of the alternate C N3A CCU1332 37.438863 -122.125693 3140 SD 898 Moreno Ave on Louis Rd resident's house. Therefore, this would be a poor choice. Feasible - This pole is well hidden on the residential side of the pole within the tree canopy. If we facing the equipment towards the 6 in -design C N7A CCU1332 37.443959 -122.122881 36' 4087 1082 Cardinal Way near Aztec Way houses, the tree will provide more screening. Not Feasible - These poles are well screened; however, they are in alternate C N7A CCU1332 37.443757 -122.122497 R 1092 Cardinal Way backyards and will not be accessible. Not Feasible - This poles are well screened; however, they are in alternate C N7A CCU1332 37.444194 -122.123230 R 2470 Aztec Way backyards and will not be accessible. Not Feasible - There are no trees to provide screening and this location moves the equipment away from intended coverage area leaving a gap alternate C N7A CCU1332 37.444359 -122.123503 4091 1084 Arrowhead Way in coverage. Not Feasible - There are no trees to provide screening and this location moves the equipment away from intended coverage area leaving a gap alternate C N7A CCU1332 37.444615 -122.123604 Poles along W Bayshore Rd in coverage. Feasible - This is a corner pole is across the street from Peers park 0 alternate A N16A CCU1476 37.431276 -122.147727 37 911 1920 Park Blvd on Leland Ave and is partially screened by a tree. Feasible - This pole on the side of a house and across the street from Peers Park. It is well screened by tree canopy in both in -design A N16A CCU1476 37.431469 -122.148059 338' 912 1880 Park Blvd directions. Feasible - This pole is screened by a tree canopy however moves away alternate A N16A CCU1476 37.430973 -122.147970 910 245 Leland Ave from intended coverage and has tree coverage. Not Feasible - This pole is adjacent to Peers Park but the tree canopy alternate A N16A CCU1476 37.431406 -122.147595 914 Opposite of 1920 Park Blvd will block all coverage. Not Feasible - This pole is next to a drive way and the tree canopy will alternate A N16A CCU1476 37.431555 -122.148234 913 1874 Park Blvd block the intended coverage area. Feasible - This corner pole is partially screen in two directions by 14 alternate B N16B CCU1476 37.429408 -122.149329 42' 899 395 Leland Ave t Ash St the tree canopy. Feasible - This pole is located on the side of house. It is partially screened by the tree canopy and moves us closer to intended in -design B N16B CCU1476 37.429833 -122.150286 37' 5" 904 SD 134 Park Blvd on Ash St. coverage. Feasible - This pole is between properties, but does not have any alternate B N16B CCU1476 37.429637 -122.149922 903 SD 390 Leland Ave on Ash St. screening. Also, there is a transformer on the pole. Feasible - This pole is directly outside 2nd Story window of the adjacent alternate B N16B CCU1476 37.429506 -122.149667 902 SD 390 Leland Ave on Ash St. property. Feasible - This pole is located on the side of a house. It is screened in both directions by a tree canopy but moves away from intended alternate B N16B CCU1476 37.429096 -122.148878 900 SD 395 Leland Ave on Ash St. coverage area. Not Feasible - This pole is between properties, but is not screened by a tree canopy and is visible to the 2nd story windows across the street. alternate B N16B CCU1476 37.429096 -122.149515 901 419 Leland Ave Also, there is no space to attach our equipment. Not Feasible - This pole is at the end of a Cul-de-sac but has no tree alternate B N16B CCU1476 37.428878 -122.149708 998 441 Leland Ave screening. Also, there is no space to attach our equipment. 23 QUAD BAND/ QUAD BAND BATTERY CABINET- ALPHA MMOE at&t ******PROPRIETARY INFORMATION****** NOT FOR USE OR DISCLOSURE OUTSIDE OF ADC TELECOMMUNICATIONS OR THEIR CUSTOMERS I' ►/Y�J h I_ WI MINIMUM DIAMETER OF POLE AT GROUND LEVEL IS EQUAL TO 12.41" MINIMUM DIAMETER OF POLE AT THE 50' LEVEL IS EQUAL TO 7.32" FIBERGLASS EXTENSION IS 5" x 5" sq (FULL LENGTH) OPTICAL NETWORK INTERFACE WILL BE MOUNTED 1' BELOW PHONE/FIBER LINE (21' 10" TO BOTTOM) ALPHA MMOE UPS AND BATTERY BACKUP WILL BE MOUNTED AT 18' 6" OFF THE GROUND PG&E METER IS LOCATED 9' FROM GROUND LEVEL THE TOP OF THE REMOTE PRISM WILL BE MOUNTED AT 16' 7" LEAVING SPACE BELOW FOR CABLE MANAGEMENT (E.G. POWER, FIBER, RF) HEIGHT OF CROSS MEMBER IS 2' BELOW THE TOP OF POLE 4" U LENGTH OF EXTENSION WILL BE 7' ABOVE THE TOP OF UTILITY POLE. FIBERGLASS EXTENSION WILL MOUNT CENTER OF UTILITY POLE FOR AESTHETIC PURPOSES EXTENSION WILL BE SECURED AT 3 POINTS FROM THE TOP OF UTILITY POLE QUAD BAND X-POL TRI-SECTOR ANTENNA(s) WILL BE SECURED TO THE UTILITY POLE USING A "STANDOFF MOUNTING BRACKET" NEW HEIGHT OF UTILITY POLE INCLUDING EXTENSION AND ANTENNA WILL BE 52' 10" TELEPHONE AND FIBER LINES LOCATED AT 24' CATV COMMUNICATION LINES LOCATED AT 25' QUAD BAND X-POL TRI-SECTOR ANTENNA (24"H x 16" BASE DIAMETER) eQ-• r PG&E PROVIDED METER BASE (18"Hx9.5"W x8"D) L GROUND BAR (11"Hx4"Wx3/8"D) OPTICAL NETWORK INTERFACE (13"H x 13"W x 3.75"D) K1815KT STANDOFF PIPE MOUNT (36"H x 24"W x 2 3/8" OD) Kathrein Antenna Mount (20"H x 11"W) PRISM REMOTE (52.4"H x 12.15W x 10.125"D) o o• ALPHA MMOE OUTDOOR UPS/ BATTERY BACK UP - - - (27"H x 22"W x 18"D) FWP-UPS14000050-1 (WITH 6" STANDOFF BRACKET 27"H x 22" x 24"D) PALO ALTO REMOTE PRISM INSTALLATION MACKENZIE & ALBRITTON LLP 220 SANSOME STREET, 14TH FLOOR SAN FRANCISCO, CALIFORNIA 94104 TELEPHONE 415 / 288-4000 FACSIMILE 415 / 288-4010 November 8, 2011 VIA EMAIL Clare Campbell Planner Department of Planning and Community Development City of Palo Alto PO Box 10250 Palo Alto, California 94303 Re: Response to Notice of Incomplete AT&T Distributed Antenna System Project (1 1PLN-00340) Dear Clare: We write to you on behalf of our client AT&T Mobility ("AT&T") to respond to the Notice of Incomplete (the "NOI") that you sent to AT&T via electronic mail on October 13, 2011 with respect to the above -captioned project for a Distributed Antenna System ("DAS"). We want to thank you for meeting with AT&T's Area Manager of Construction and Engineering for Distributed Antenna Systems Minh Nguyen over the last two weeks following receipt of the NOI and are pleased to provide you with AT&T's response below. As you know, the federal Telecommunications Act requires that local governments act on wireless siting applications "within a reasonable period of time." See 47 USC § 332(c)(7)(B)(ii). In a 2009 declaratory ruling, the Federal Communications Commission (the "FCC") established a legal presumption that a local government has violated this requirement if it takes longer than 90 days to act on an application for a collocation. See In Re: Petition for Declaratory Ruling to Clarify Provisions of Section 332(c)(7)(B) to Ensure Timely Siting Review, Etc., FCC 09-99 (FCC November 18, 2009) (the "Shot Clock Ruling"). By responding to the NOI today, we calculate the deadline for the City of Palo Alto (the "City") to act on the above -captioned application to be January 9, 2012 under the Shot Clock Ruling. As stated in our letter to Donald Larkin of October 20, 2011, the Architectural Review Board ("ARB") workshop of August 4, 2011 was a compromise between AT&T and the City. While the ARB initially was scheduled to hear AT&T's "major project" conditional use permit ("CUP") application, that application was withdrawn following Clare Campbell November 8, 2011 Page 2 of 6 staff and City Council concurrence that major project review of DAS was inappropriate. We understood the City's change in permit requirements to be the result of the City's legal review of the Palo Alto Municipal Code, AT&T correspondence regarding federal law preemptions and state franchise rights that limit the City's discretion over telecommunications facilities in the public rights -of -way and past practice of allowing utility cabinet and pole attachments without such review. The compromise took advantage of the already scheduled ARB date to allow public and ARB comment on the DAS proposal outside of the requirements of a major project application. AT&T withdrew its major project/CUP application and, beginning with this application, is filing four "minor project" architectural review applications (which is the proper process under the applicable law). Accordingly, in keeping with AT&T's statements in our meeting at your offices of October 21, 2011, AT&T believes it would be inappropriate under existing requirements to have formal recommendations from the ARB for this application. The staff has requested that AT&T consider returning to the ARB in order to continue the discussion from the August 4, 2011 meeting. AT&T has developed certain design alternatives that it would be willing to share with the ARB in an informal workshop, so long as the City of Palo Alto is able to make a final decision on AT&T's application within the time required by the FCC's Shot Clock Ruling. AT&T's specific responses to the NOI are as follows: 1. City requests that "a detailed noise study shall be prepared that analyzes all pieces of equipment for the installation of the project... to show the project complies with the Palo Alto Noise Ordinance (Title 9)." In response to the City's request, AT&T engaged Hammett & Edison, Inc., Consulting Engineers to complete a third -party acoustic analysis in keeping with the City's request. This analysis is attached as Exhibit A to this letter. In sum, the Hammett & Edison acoustic analysis concludes: Based on the information and analysis above, it is the undersigned's professional opinion that the AT&T distributed antenna system nodes proposed to be located at various locations in Palo Alto, California, will comply with that city's standards limiting acoustic noise emission levels. 2. City requests that AT&T "clarify for staff the proposed placement of the equipment boxes on the pole; will it be different for each pole or will the equipment be placed facing toward the street." In the word's of AT&T's Area Manager of Construction and Engineering for Distributed Antenna Systems Minh Nguyen: Clare Campbell November 8, 2011 Page 3 of 6 The cabinets on nine (9) of the original twenty node (20) locations do not face towards the street. It is AT&T's first preference to face the equipment towards the street where it is feasible to avoid affecting private views. If there is already equipment facing the street, the equipment can be rotated around the pole as long as General Order 95 safety and climbing clearances are followed. In eight (8) of our nine (9) locations, streetlights are located in the mounting spaces that face the street; therefore, the equipment was rotated 90° out of the quadrant occupied by the streetlight and in the direction that minimizes aesthetic impact. The ninth location at 968 Dennis Drive had a juniper/cypress tree that encumbers the quadrant facing the street and was also rotated 90° clockwise around the pole. 3. City requests that AT&T "provide a statement that addresses the concern raised by resident [sic] about the project's potential impact to reduce property values in Palo Alto." Opponents to wireless facilities frequently allege that the installation of such facilities will adversely affect property values in the vicinity of the facility. For the most part, these concerns are based upon fears associated with perceived health effects from radio frequency emissions.' Such purported effects of wireless facilities on property values have been fully rejected by federal courts and are preempted by the Telecommunications Act of 1996, which prohibits local jurisdictions from regulating wireless facilities based on environmental effects of radio frequency emissions. See 47 U.S.C. §332(c)(7)(B)(iv). In light of the federal preemption of RF regulation, "concern over the decrease in property values may not be considered as substantial evidence if the fear of property value depreciation is based on concern over the health effects caused by RF emissions." See AT&T Wireless Services of California LLC v. City of Carlsbad, 308 F.Supp.2d 1148, 1159 (S.D. Cal. 2003). In order to calm concerns regarding property values, AT&T has provided real estate professionals at its community meetings who independently describe how the availability of wireless services enhances property values. In sum, the City cannot regulate placement of wireless facilities based on hypothetical effects on property values where such effects allegedly result from causes preempted by federal law. 4. The NOI states that "eight sites need additional review and consideration to address the visual impacts." AT&T's Area Manager of Construction and Engineering for Distributed Antenna Systems Minh Nguyen has met with you regarding these eight specific poles, with the following results: ' See, e.g., nocelltowerinourneighborhood.com, which states: "The definitive work on this subject was done by Dr. Sandy Bond, who concluded that `media attention to the potential health hazards of [cellular phone towers and antennas] has spread concerns among the public, resulting in increased resistance' to sites near those towers." Clare Campbell November 8, 2011 Page 4 of 6 "a. 1221 Waverley: The location is not supported because it is on a corner and there is no screening. This site is located within the Professorville Historic District; any project within this district will be subject to review by the Historic Resources Board. Consider the proposed alternate location 1248 Waverley or another placement." At City staff's direction, AT&T will relocate this node to 1248 Waverley Street which provides more tree screening. A photosimulation of this alternative is shown in attached Exhibit B. Requiring historic review for telecommunications equipment on utility poles would exceed the City's limited authority to regulate the "time, place, and manner" of AT&T's use of the public rights -of -way, including its placement of its network facilities on utility poles. See California Public Utility Code § 7901.1. Indeed, historic review is an entirely inappropriate means to regulate a telephone corporation's use of utility poles, one that would encroach upon the State of California's regulation of such poles through the California Public Utility Commission ("CPUC"). See California Public Utility Code General Order No. 95.5. Finally, even if such review could somehow be squared with the City's limited authority and the CPUC's broad jurisdiction, there is no "historic review" that would be necessary or required - utility poles were placed in this district many years ago and since their placement, these poles have consistently and continuously been used for the placement of utility equipment and periodic upgrades, including communications network facilities by telephone corporations and electrical equipment by the City's Utility Department. Without waiving this objection, AT&T paid this fee on March 31, 2011. The receipt for this payment is attached as Exhibit C to this letter. That payment is being applied to this application and AT&T has been advised by staff that no further forms or other filing materials shall be required. "b. 525 Lincoln: The location is not supported because it is not screened, provide an alternative placement." At City staff's direction, AT&T will relocate this node to 595 Lincoln Avenue which has City -owned trees that provide screening. A photosimulation of this proposed alternative is shown in attached Exhibit B. "c. 1650 Waverley: The location is not supported because it is not screened, provide an alternative placement." At City staff's direction, AT&T will relocate this node to 370 Lowell Avenue (on Waverly Street) which provides more tree screening. A photosimulation of this proposed alternative is shown in attached Exhibit B. "d. 109 Coleridge: The location is not supported because it is on a corner and exposed, provide an alternative placement." At City staff's direction, this node will not be relocated as it is well screened by a City tree. Clare Campbell November 8, 2011 Page 5 of 6 "e. 105 Rinconada: The location is not supported because it is on a corner and exposed, provide an alternative placement." At City staff's direction, this node will not be relocated and AT&T will fund installation of a City tree to be maintained by the City to provide screening. "f. 968 Dennis: The Juniper tree that is located next to the utility pole is not a City street tree and can be removed at any time. Because of this, an alternative location should be provided that is next to City street trees." Where no alternative location is available, AT&T will propose the original location and, to gain City staff support, agrees to fund installation of a City tree to be maintained by the City should the private tree be removed. "g. 1082 Cardinal: The location is not supported because it is not screened, provide an alternative placement." At City Staff's direction, AT&T will relocate this node to 1085 Arrowhead Way and will fund installation of a City tree to be maintained by the City to provide screening. A photosimulation of this proposed alternative (prior to installation of the City tree) is shown in attached Exhibit B. "h. 134 Park Ave: The location is not supported because it is on a corner and exposed, provide an alternative placement." At City staff's direction, this node will not be relocated and AT&T will fund installation of a City tree to be maintained by the City to provide screening. Conclusion Again, we wish to thank you for your cooperative consultation with AT&T to resolve outstanding submittal requirements set forth in the NOI. Please consider this letter to be AT&T's complete response to the NOI. As noted above, with this response, AT&T calculates the new Shot Clock Ruling deadline for City action on this application to be January 9, 2012. We look forward to working with you to complete this exciting communications project for the City of Palo Alto. Very truly yours, Paul B. Albritton Clare Campbell November 8, 2011 Page 6 of 6 cc: Melissa Tronquet, Esq. Donald Larkin, Esq. John di Bene, Esq. Schedule of Exhibits Exhibit A: Statement of Hammett & Edison, Inc., Consulting Engineers, November 1, 2011 Exhibit B: Photosimulations Exhibit C: Receipt for Historic Review Fee AT&T Mobility • Proposed Distributed Antenna System Palo Alto, California Statement of Hammett & Edison, Inc., Consulting Engineers The firm of Hammett & Edison, Inc., Consulting Engineers, has been retained on behalf of AT&T Mobility, a personal telecommunications carrier, to evaluate its distributed antenna system proposed to be located in various locations in Palo Alto, California, for compliance with appropriate guidelines limiting sound levels from the installation. Executive Summary AT&T proposes to install a number of DAS nodes on power and light poles at various locations in Palo Alto. Noise levels from the equipment mounted on the poles will meet the City's limits on noise emissions. Prevailing Standard The City of Palo Alto sets forth limits on sound levels in Chapter 9.10 (Noise) of its Municipal Code, specifying the following limits on increases in noise levels originating from property in the zones indicated: Originating Land Use Maximum Increase Assessment Location Reference Residential 6 dBA at property line §9.10.030 Commercial/Industrial 8 dBA at property line §9.10.040 Public 15 dBA 25 feet away §9.10.050 The reference "local ambient" level, for evaluating the possible increase, is defined in §9.10.020 to be no less than 40 dBA. Figure 1 attached describes the calculation methodology used to determine applicable noise levels for evaluation against the prevailing standard. General Facility Requirements Wireless telecommunications facilities ("cell sites") typically consist of two distinct parts: the electronic base transceiver stations ("BTS" or "cabinets") that are connected to traditional wired telephone lines, and the antennas that send wireless signals created by the BTS out to be received by individual subscriber units. The BTS are often located outdoors at ground level and are connected to the antennas by coaxial cables. The BTS typically require environmental units to cool the electronics inside. Such cooling is often integrated into the BTS, although external air conditioning may be installed, especially when the BTS are housed within a larger enclosure. Site & Facility Description According to information provided by AT&T, including data from TE Connectivity, dated October 31, 2011, that carrier proposes to install a Flexwave Prism Model FP4-10000001111RU radio cabinet and HAMMETT & EDISON, INC. eaNscrric rcr rrs K6ZM .E W SAN I•RANCISco Page 1 of 2 AT&T Mobility • Proposed Distributed Antenna System Palo Alto, California a FXM-2000 UPS cabinet on the power or light pole below the antennas at each DAS node in Palo Alto, California. Study Results Data provided by TB Connectivity indicates* that the maximum calculated noise levels from this equipment at a distance of 25 feet are as follows: Right Front Left Back 40.0 42.2 40.1 39.5 dBA Adding these levels to the statutory minimum local ambient outdoor level of 40 dBA gives the following results: Right Front Left Back Combined Total 43.0 44.2 43.1 42.8 dBA Noise Increase +3.0 +2.0 +3.0 +3.3 dBA All of the noise increases are well below the City's allowed level, by compliance margins in excess of 10 dBA. Conclusion Based on the information and analysis above, it is the undersigned's professional opinion that the AT&T distributed antenna system nodes proposed to be located at various locations in Palo Alto, California, will comply with that city's standards limiting acoustic noise emission levels. Authorship The undersigned author of this statement is a qualified Professional Engineer, holding California Registration Nos. E-13026 and M-20676, which expire on June 30, 2013. This work has been carried out under his direction, and all statements are true and correct of his own knowledge except, where noted, when data has been supplied by others, which data he believes to be correct. Exp.6-30-2013 November 1, 2011 OF Cp��F * Based on measurements at a distance of 5 feet. HAMMETT & EDISON, INC. CONSULTING ENGINEERS SAN FRANCISCO William F. Hammhe'tt, P.E. 707/996-5200 K6ZM Page 2 of 2 Noise Level Calculation Methodology Most municipalities and other agencies specify noise limits in units of dBA, which is intended to mimic the reduced receptivity of the human ear to Sound Pressure ("Lp") at particularly low or high frequencies. This frequency -sensitive q filter shape, shown in the graph to the right as defined in the International Electrotechnical Commission Standard No. 179, the American National Standards Institute Standard No. 5.1, and various other standards, is also incorporated into most calibrated field test equipment for measuring noise levels. 30 dBA library 40 dBA rural background 50 dBA office space 60 dBA conversation 70 dBA car radio 80 dBA traffic corner 90 dBA lawnmower 10 0 -I0 -20 -30 -40 -50 -60 -70 F -so L. 10 100 1000 10000 Frequency (I-Iz) The dBA units of measure are referenced to a pressure of 20 µPa (micropascals), which is the threshold of normal hearing. Although noise levels vary greatly by location and noise source, representative levels are shown in the box to the left. Manufacturers of many types of equipment, such as air conditioners, generators, and telecommunications devices, often test their products in various configurations to determine the acoustical emissions at certain distances. This data, normally expressed in dBA at a known reference distance, can be used to determine the corresponding sound pressure level at any particular distance, such as at a nearby building or property line. The sound pressure drops as the square of the increase in distance, according to the formula: where Lp is the sound pressure level at distance DP and Lp = LK + 20 log(DK/DP), LK is the known sound pressure level at distance DK. Individual sound pressure levels at a particular point from several different noise sources cannot be combined directly in units of dBA. Rather, the units need to be converted to scalar sound intensity units in order to be added together, then converted back to decibel units, according to the formula: where LT is the total sound pressure level and Li LI, L2, etc are individual sound pressure levels. X10 + 10 X LT = 10 log (10 10 + ...), Certain equipment installations may include the placement of barriers and/or absorptive materials to reduce transmission of noise beyond the site. Noise Reduction Coefficients ("NRC") are published for many different materials, expressed as unitless power factors, with 0 being perfect reflection and 1 being perfect absorption. Unpainted concrete block, for instance, can have an NRC as high as 0.35. However, a barrier's effectiveness depends on its specific configuration, as well as the materials used and their surface treatment. 11 HAMMETT & EDISON, INC. CONSULTING ENGINEERS Methodology H.. . F SAN FRANCISCO Figure 1 R `•y �t D ' -- 4t1.f •' - p s.:' fl �a il 1 O r. I L J• t Existing •• 9tJ 1, Proposed fi ,24 t �l � A �., } � �°^ �. ` .if 4f f� Fr ` .. ' .,. p .ate .f � ! a.. ib ' c4 Existing Proposed 0 iii // iD: 4 NA r 1 //// at&t Site # N7A Lookina Southwest from Arrowhead Way 1085 Arrowhead Way 11/07/11 Palo Alto, CA 94301 Applied Imagination 510914-0500 Minimalist Design — Non foliage location for illustrative purposes only at&t DISTRIBUTED ANTENNA SYSTEM CITY OF PALO ALTO ARCHITECTURAL REVIEW BOARD SUBMITTAL DECEMBER 8, 2011 Table of Contents Mackenzie & Albritton LLP Letter A. List of AT&T Cancelled Macro Sites in Palo Alto B. Alternative Aesthetics Fielding Analysis Photosimulations of 20 Proposed Site Locations C. Acoustic Statement of Hammett & Edison, Inc., Consulting Engineers, November 1, 2011 D. IDEO Overview and Design Proposals Stealth Technologies Design Proposal E. Photosimulation and Plan of Minimalist Design F. Primary Radio Components of DAS Installation MACKENZIE & ALBRITTON LLP 220 SANSOME STREET, 14T" FLOOR SAN FRANCISCO, CALIFORNIA 94104 TELEPHONE 415/288-4000 FACSIMILE 415 /288-4010 December 5, 2011 VIA EMAIL AND HAND DELIVERY Chair Heather Young Vice Chair Judith Wasserman Board Members Alexander Lew and Clare Malone Prichard Architectural Review Board City of Palo Alto Re: AT&T Distributed Antenna System Project (11PLN-00340) Dear Chair Young, Vice Chair Wasserman and Board Members: We write to you on behalf of our client AT&T Mobility ("AT&T") with respect to their proposed Distributed Antenna System ("DAS") designed to provide personal wireless services to the City of Palo Alto (the "City") that was the subject of the Architectural Review Board ("ARB") hearing of August 4, 2011. We want to thank you for your careful consideration of the plans and submittals for that hearing and your thoughtful comments for improving the aesthetics and design of the proposed DAS. Based upon those comments, AT&T has completed a thorough aesthetic and design review of its proposal for your further review and comment at the ARB hearing of December 8, 2011. Elements of AT&T's aesthetic and design review that respond to ARB comments of August 4, 2011 are set forth herein and will be described at the December ARB hearing. We trust that you will agree that with these refinements the DAS meets all the requirements for project review by the ARB. I. Scope of Review As a preliminary matter, it is important to identify the ARB's scope of review of AT&T's DAS proposal. As the ARB itself has clearly stated, its review is limited to review of design and aesthetics. As set forth below, AT&T does not believe that ARB review is warranted under federal, state or City law, and it must reserve its right to object to the level of review of the DAS that has been imposed by the City of Palo Alto. Palo Alto Architectural Review Board December 5, 2011 Page 2 of 9 A. History of Reapplication The ARB meeting of August 4, 2011 resulted from a compromise between AT&T and the City. While the ARB initially was scheduled to hear AT&T's "major project" conditional use permit ("CUP") application for nine utility poles, that application was withdrawn following staff and City Council concurrence with AT&T that major project review of the DAS was inappropriate. We understood the City's change in permit requirements to be the result of the City Attorney's legal review of the Palo Alto Municipal Code ("PAMC"), AT&T correspondence regarding federal law preemptions and state franchise rights that limit the City's discretion over telecommunications facilities in the public rights -of -way and the past practice of permitting utility cabinets and pole attachments without such review. The compromise took advantage of the already scheduled ARB date to allow public and ARB comment on the DAS proposal outside of the requirements of a major project application. At its July 25, 2011 meeting, the City Council confirmed that DAS applications would be processed as minor projects under PAMC Section 18.76.020(b)(3). As stated in the Staff Report for the July 25, 2011 City Council meeting: Planning Staff has reviewed section 18.42.110 with the City Attorney's Office and determined that DAS applications qualify as co -location facilities because DAS attachments would be added to utility poles that already support utility and communications uses. Section 18.42.110(b) provides that collocation facilities are subject only to architectural review and do not require a conditional use permit. Therefore, DAS applications will be processed as minor architectural review projects subject to staff - level review pursuant to PAMC 18.76.020(b)(3). Based upon the action taken by the City Council and the understandings of the meeting of June 27, 2011, AT&T withdrew its CUP application for the DAS. Subsequently, in reliance on staff's statements regarding the process to both AT&T and the Council, AT&T has filed the present "minor project" for review by the Planning Director under PAMC Section 18.77.070(b) to attach equipment to 20 Palo Alto utility poles. B. Palo Alto Municipal Code Limitations As the above -quoted Staff Report reflects, the City Council based its decision on PAMC Section 18.76.020(b)(3). Subsection D of that PAMC Section clearly defines "Any project relating to the installation of cabinets containing communications service equipment or facilities" as a minor project. In turn, PAMC Section 18.77.070, "Architectural Review Process," provides that decisions on minor projects will be made by the Director subject to a request for a hearing by the public or applicant. In the special circumstance involving communications equipment cabinets, decisions of the Director are appealed directly to the City Council and are not heard by the ARB under PAMC Palo Alto Architectural Review Board December 5, 2011 Page 3 of 9 Section 18.77.070(e). Indeed, the only manner by which a communications equipment minor project could receive a recommendation from the ARB would be for the Director to deem the communications equipment minor project to be a "major project" pursuant to PAMC Section 18.76.020(b)(2)(I), which would be entirely counter to the specific provisions of PAMC Section 18.76.020(b)(3) as well as the direction of Planning Division staff, the City Council and the City Attorney's office. C. State Law Limitations Section 7901 of the California Public Utility Code ("CPUC") grants telephone corporations like AT&T the right to place telephone equipment in the public rights -of - way as a statewide right limited only by the City's right to reasonably regulate the "time, place and manner" for the placement of that equipment under CPUC 7901.1. Certainly no other placement of telephone equipment on telephone poles has been subject to such discretionary review nor should it be under these state laws. Like any other utility placing equipment on utility poles, AT&T must comply with a myriad of state regulations, not the least of which is General Order 95 which narrowly and specifically defines the height, size, shape and placement of any equipment on utility poles in order to best accommodate other utility providers, ensure the safety of linemen and avoid excessive structural or wind loading. As with other utility providers, including the City of Palo Alto itself, AT&T should be allowed to place utility equipment on utility poles with little or no aesthetic review and certainly without the requirement that equipment be camouflaged or redesigned for aesthetic reasons. D. Federal Law Limitations Federal law further limits the City's authority to regulate AT&T's applications where continuous discretionary actions effectively prohibit the provision of AT&T's personal wireless services to Palo Alto. AT&T has had an extremely difficult time finding suitable macro site locations in the City, and has cancelled a dozen searches in the City over the past five years, and two sites on the Stanford University campus, because it was unable to lease and permit a suitable location for a macro site. A list of these locations is attached as Exhibit A. AT&T representatives first met with Palo Alto Planning Division staff regarding its DAS proposal over one year ago. Providing wireless service to a clearly identified gap in service in Palo Alto has been burdensome for AT&T. The recent Declaratory Ruling to Clarify Provisions of Section 332(c)(7)(B) to Ensure Timely Siting Review, Etc., FCC 09-99 (FCC November 18, 2009), by setting a 90 -day deadline for approval of DAS-type facilities, further reinforces the federal law intent that the review of co -location facilities such as the DAS should be ministerial and completed on an expedited basis. AT&T has advised the City that its review of the DAS Palo Alto Architectural Review Board December 5, 2011 Page 4 of 9 must be concluded no later than January 9, 2012 to avoid violation of the various provisions of federal law. II. AT&T Response to Architectural Review Board Comments Subsequent to the ARB meeting that reviewed the AT&T DAS design, AT&T conducted a full aesthetic review of all sites proposed for the first of four minor project applications. The aesthetic review was entirely based on input received from the ARB and included an alternatives analysis of a total of 98 pole locations attached as Exhibit B. In addition, subsequent to the ARB meeting, AT&T contacted IDEO and Stealth Technologies to evaluate creative alternatives to the existing DAS designs. Following the submittal of its aesthetic review and redesign, AT&T met with Planning Division staff to refine pole selection, tree camouflage and equipment placement in an effort to gain staff support for all 20 proposed node locations. A photosimulation of each of the final selected pole locations is appended to Exhibit B. Finally, AT&T worked diligently with its engineers to identify the minimal equipment requirements for providing wireless service to Palo Alto in order to respond to staff and ARB requests to minimize aesthetic impacts. To further confirm AT&T's efforts to incorporate ARB comments and suggestions into its applications, we set forth a summary of the ARB remarks and AT&T corresponding actions below. A. Noise ARB Members Wasserman, Young, Lee and Prichard expressed concerns about noise from the DAS equipment and asked for information to be provided regarding sound output. AT&T previously provided acoustical information that confirms that the DAS will comply with PAMC noise requirements. To satisfy ARB concerns in this regard, AT&T has contracted with a third -party engineering firm to provide an acoustical analysis to verify that the minimal noise generated by the DAS will fully comply with all PAMC acoustic limits. AT&T engaged Hammett & Edison, Inc., Consulting Engineers to complete a third -party acoustic analysis in keeping with the ARB's request. This analysis is attached as Exhibit C. The Hammett & Edison acoustic analysis concludes: Based on the information and analysis above, it is the undersigned's professional opinion that the AT&T distributed antenna system nodes proposed to be located at various locations in Palo Alto, California, will comply with that city's standards limiting acoustic noise emission levels. Palo Alto Architectural Review Board December 5, 2011 Page 5 of 9 B. Outreach ARB Members Wasserman and Lee spoke about the importance of community relations, with ARB Member Wasserman emphasizing the need to address community concerns. Since the ARB hearing, AT&T has embarked on an ambitious community outreach program. In all, four community outreach meetings are planned for Palo Alto residents to review plans and photographs of DAS installations as well as review specific proposed locations. Experts in network design, RF emissions and real estate as well as City Staff were available at each community session. Notice was provided to all residents within the vicinity of the proposed DAS locations for participation in the community meetings. The first two community meetings were held September 13, 2011 and October 11, 2011 and the remaining two community meetings are being scheduled. In addition, AT&T has communicated or met with five Palo Alto community groups to solicit their input with regard to the DAS design and installation. An interactive web page has also been established that provides ongoing information and updates to the community on AT&T's proposal. Finally, AT&T has been in email contact with its Palo Alto customers to provide them with information and solicit input for their proposal. While AT&T has received a positive response to its outreach efforts, it has no illusion that such efforts will eliminate the objections to any pole attachments made by immediately adjacent neighbors. C. Tree Screening ARB Member Lew emphasized the importance and value of camouflaging the facilities with tree foliage. Following the ARB meeting of August 4, 2011, AT&T began an aesthetic review of all proposed DAS locations in Palo Alto. Specifically, each pole location was evaluated with respect to available tree foliage that could camouflage equipment and antennas and several proposed nodes have been moved to adjacent poles to take advantage of available tree foliage. In its initial applications, AT&T has provided three or four alternative locations for each available pole describing tree camouflage for each location. In each case, AT&T selected the alternative with the best camouflaging options as the site for that particular DAS pole location. Following its initial submittal, AT&T has further refined pole selection based on staff input to maximize the screening of cabinets by tree foliage. For four poles, AT&T has agreed to fund the placement and maintenance of a new City tree in order to provide and/or ensure the longevity of tree screening. AT&T relocation of poles to maximize the benefits of existing tree screening has greatly benefited the project aesthetically. Palo Alto Architectural Review Board December 5, 2011 Page 6 of 9 D. Block Placement ARB Member Lew remarked that the facilities placed mid -block (as opposed to at corners) were preferable and that pole selection should minimize exposed views. Based on these ARB comments, AT&T reviewed each of its proposed DAS pole locations with an eye toward proximity to adjacent windows, yards, street views, property lines and driveways in order to place the DAS on poles in locations that would be least visible to residents, pedestrians and motorists. In particular, corner locations were reviewed to determine whether alternative poles could be identified that were set back from intersections. Wherever possible, AT&T moved site locations away from corners, windows and yards and placed sites on the property lines between houses to minimize impacts to homes. Over 98 poles were reviewed under the first application of 20 poles submitted on September 13, 2011. Again, three or four alternative placements were identified for each selected pole. Following its initial submission, AT&T met with Planning Division staff to further evaluate block placement for specifically identified poles and at staff's direction further relocated poles or added City trees to gain staff support. E. Equipment Placement on Pole ARB Members Young, Prichard and Lew asked if the boxes could be placed on poles differently, perhaps raised or arranged in a manner to minimize visibility. ARB Members Young, Lee and Prichard remarked on the lack of —or need for —options for placement of the equipment. Based on these comments, AT&T evaluated all of the proposed poles and alternatives to determine the preferred height and placement of equipment cabinets on the pole to minimize resident, pedestrian and motorist views. Height placement was evaluated with respect to existing foliage for camouflage as well as the direction of resident, pedestrian and motorist view angles. In addition, AT&T rearranged the placement of cabinets on poles to minimize visibility, in most cases placing a backup battery cabinet above radio equipment boxes. The placement of equipment boxes was coordinated with the review of foliage camouflage and pole block placement to effect the greatest screening and camouflage of cabinets. On the majority of poles, cabinets are facing the street to eliminate visibility from adjacent homes while the remainder have been rotated 90 degrees from the street either to avoid light standards or to take advantage of existing foliage. F. Design ARB Members Wasserman, Young and Lew commented that the equipment housing was not attractive or endearing, that the design was driven by engineering needs without Palo Alto Architectural Review Board December 5, 2011 Page 7 of 9 addressing the aesthetic component of the installations and that the equipment housing could be better designed. At the suggestion of the ARB, AT&T contacted IDEO and Stealth Technologies to evaluate the possibility of alternative equipment designs for the DAS cabinets. Meetings with these organizations revealed that prior equipment design had greatly minimized cabinet sizes and that further reduction in cabinet size would require extensive and time-consuming reengineering that would not likely result in any reduction in size and, in IDEO's words, could "require years to complete." Both IDEO and Stealth Technologies embarked on conceptual camouflaging of the proposed equipment. As IDEO stated, these "proposals generally expand the silhouette of the utility equipment." Given these caveats, IDEO did provide conceptual camouflage designs for the DAS that are prefaced with a letter that describes the above -referenced limitations attached as Exhibit D. In addition, IDEO confirms in that letter that its conceptual designs do not take into account state utility pole requirements (such as General Order 95 which, for example, requires that equipment be set off from a pole to provide adequate space for a lineman's climbing strap). Again, in their words, IDEO states, "These shapes and forms, however, have not been evaluated with respect to required materials or any additional structural, wind load, heating (and attendant noise) or maintenance requirements." Having thoughtfully and diligently pursued alternative designs through IDEO and Stealth Technologies, we trust that you will concur that efforts to camouflage the DAS equipment will add bulk, color and texture and will simply call further attention to existing utility poles while potentially compromising the equipment's function. A photosimulations of the Stealth Technologies proposed 14 foot antenna radome is appended to Exhibit D. III. Reengineering Recognizing the ARB's desire for design alternatives, AT&T engineers reevaluated the DAS proposal with an eye towards developing the most diminutive design that would continue to provide personal wireless services to the identified coverage area. Ultimately AT&T engineers developed a slimmed -down version of the DAS that significantly reduces the aesthetic impact while only slightly limiting function as described below. AT&T looked at various options, including surface mounting, undergrounding and eliminating battery backups. A. Antenna Array The DAS design proposed by AT&T provides neutral host capabilities. This means that additional wireless service providers could utilize the AT&T antennas to provide their services to the Palo Alto community. To minimize the aesthetic impact of the DAS design, AT&T engineers determined that one of the proposed antenna arrays on Palo Alto Architectural Review Board December 5, 2011 Page 8 of 9 each pole could be removed from the submitted DAS design. With this design, a single two foot tall by 18 inch diameter cylindrical antenna array would be placed on a six foot pole top extension (the pole top extension being required by the City to provide separation from power lines). While the lack of neutral host capability eliminates the ability of the DAS to provide service from other wireless providers, it may significantly reduce the aesthetic impact of the proposed DAS in a manner acceptable to the City. A photosimulation of the single -antenna design is attached as Exhibit E (the "Minimalist Design"). B. Radio Cabinets AT&T engineers reviewed and reaffirmed that the proposed radio cabinets cannot be combined or narrowed without excessively increasing the length and bulk of the proposed cabinetry. Similarly, a reevaluation of ground -mounting and undergrounding confirmed that the narrow Palo Alto planting strips simply could not accommodate pole proximity and clearance requirements nor venting and access requirements without creating insurmountable safety, aesthetic and operational obstacles. AT&T is unable to offer Palo Alto a DAS design that includes ground -mounted, underground or further combined radio cabinets. The components of the proposed AT&T DAS equipment are shown in Exhibit F. C. Battery Backups In keeping with stated policies of the Federal Communications Commission and industry standards, AT&T developed its wireless networks planning for continued operation in times of power outages. More and more, the public relies on cell phones for emergency communications in times of crises that often include power outages. If the City specifically requests that AT&T not install a battery backup, AT&T would be willing to work with the City to initially install certain nodes without battery boxes, but it strongly urges the City to consider the consequences of not having battery backup. A photosimulation of a hypothetical DAS facility without battery backup (the Minimalist Design) is attached as Exhibit E. The Minimalist Design represents the best efforts of AT&T to meet the critical comments of the ARB in reviewing the DAS proposal while somewhat compromising the functionality of the DAS network. AT&T believes the Minimalist Design, along with the efforts of the comprehensive aesthetic review described above largely respond to ARB comments to AT&T's DAS proposal. IV. AT&T's Request to the Architectural Review Board AT&T has conducted an extensive aesthetic review and engineering redesign as a result of the ARB's review and comments that minimizes the aesthetic impact of its DAS Palo Alto Architectural Review Board December 5, 2011 Page 9 of 9 proposal. We hope that the ARB will recognize that AT&T simply proposes the placement of telephone equipment on telephone poles, something that AT&T and other utilities have done for decades without ARB review, and something that does not lend itself to the refined architectural and landscape planning that is more often the subject of ARB scrutiny. AT&T asks that the ARB favorably conclude its architectural review of the AT&T DAS proposal at its December 8, 2011 meeting. Very truly yours, �-P Paul B. Albritton cc: Clare Campbell Donald Larkin, Esq. John di Bene, Esq. Schedule of Exhibits: Exhibit A: List of AT&T Cancelled Macro Sites in Palo Alto Exhibit B: Alternative Aesthetics Fielding Analysis Photosimulations of 20 Proposed Site Locations Exhibit C: Acoustic Statement of Hammett & Edison, Inc., Consulting Engineers, November 1, 2011 Exhibit D: IDEO Overview and Design Proposals Stealth Technologies Design Proposal Exhibit E: Photosimulation and Plan of Minimalist Design Exhibit F: Primary Radio Components of DAS Installation List of Cancelled Site Description Address Line 1 Town Or City ST AWE - STANFORD CAMPUS 1993 126 Blackwelder Court PALO ALTO CA AWE - MIDDLEFIELD & MEADOW DRIVE 3600 MIDDLEFIELD DRIVE PALO ALTO CA AWE - FOOTHILL EXPRESSWAY & MIRANDA 4243 MANUELA AVENUE PALO ALTO CA AWE - PAGE MILL & 1280 3000 ALEXIS DRIVE PALO ALTO CA AWE - FOREST AVE & CENTER DR 708 Center Drive PALO ALTO CA AWE - O'CONNOR STREET & LARKSPUR DRIVE 2031 PULGAS STREET PALO ALTO CA PALO ALTO NURSING 911 BRYANT STREET PALO ALTO CA AWE - STANFORD CAMPUS STANFORD CAMPUS PALO ALTO CA AWE - MOUNTAIN VIEW 525 UNIVERSITY AVENUE PALO ALTO CA AWE - PAGE MILL BUSINESS PARK 1050 PAGE MILL ROAD PALO ALTO CA AWE - ARESTRADERO & MIRANDA 695 ARESTRADERO ROAD PALO ALTO CA AWE - WEST PALO ALTO 4180-4190 EL CAMINO REAL PALO ALTO CA ARCHIEVE SCHOOL 3860 MIDDLEFIELD ROAD PALO ALTO CA AWE - MIDDLEFIELD & MEADOW DR 3600 MIDDLEFIELD DRIVE PALO ALTO CA AWE - EMBARCADERRO/ MIDDLEFIELD 799 EMBARCADERO ROAD PALO ALTO CA SOUTHEAST PALO ALTO 3539 LOUIS ROAD PALO ALTO CA Alternative Aesthetics Fielding Analysis FID Design_Sta Sector Node_n CNU NUM Let_Pole Long Pole Pole_Ht PA_Pole_no Locations Fielding Notes Feasible - This pole is between properties and is well screened by a tree canopy from both directions. It is offset from the 2nd story the 16 in -design A N18A CCU1332 37.442849 -122.147307 48' 5508 1345 Webster St near Melville Ave windows of 1345 Webster. Feasible - This pole has no tree cover in either direction on thos pole. Also, secondary power drops and riser will have to be moved in order to alternate A N18A CCU1332 37.443030 -122.147630 5509 SD 610 Melville Ave attach the antennas. Feasible - This pole is set between 1345 & 1357 Webster which both have 2nd story windows and is located next to a driveway. This makes alternate A N18A CCU1332 37.442690 -122.147080 5507 1357 Webster St it a poor choice aesthetically. Feasible - This Pole is next to alley way with tree screening on 3 27 in -design A N29A CCU1332 37.441226 -122.151138 51' 5594 Waverly St & Whitman Ct (opposite 1221 Waverly) sides. Feasible - This pole has no tree screening and has a power conductor alternate A N29A CCU1332 37.441440 -122.151500 5593 1220 Waverley St on pole top. These factors make it an aesthetically poor choice. Feasible - This is a corner pole with some tree screening. While alternate A N29A CCU1332 37.441630 -122.151830 5592 1146 Waverley St feasible corner poles are not preferred by the City. Feasible - There is no tree screening on the pole. However, small trees do provide some screening from pedestrian view in both directions. alternate A N29A CCU1332 37.441010 -122.150830 5595 1248 Waverley St Also, this pole has a transformer on it. alternate A N29A CCU1332 37.440770 -122.150440 5596 1300 Waverley St Feasible - This is a corner pole and has no tree screening. ease e - I his pole is between properties set near back yard. Although, there is no tree screening on the pole itself, there are large trees on surrounding properties that prevent neighbors from seeing the equipment. This makes it a better choice than the other 7 in -design A N8A CCU1332 37.444021 -122.151367 51' 5320 525 Lincoln Ave near Cowper St 3 alternatives. Feasible - This pole is set between property, but has no tree screening. Also, there is little screening from the 2nd story window of 538 Lincoln. Finally, there is a transformer on pole. This maybe a aesthetically poor alternate A N8A CCU1332 37.444360 -122.151090 5319 539 Lincoln Ave choice. Feasible - There is very little tree screening on this pole in one direction and no screen in the other direction. It's also closer to Addison alternate A N8A CCU1332 37.444640 -122.150770 5318 595 Lincoln Ave Elementary school. Feasible - This is a corner pole that has no tree screening. Additionally there is already a battery box attached to the pole for CAN. This is an alternate A N8A CCU1332 37.443620 -122.151860 5544 467 Lincoln Ave aesthetically poor choice. Feasible - This is a corner pole, but there is a large tree that 26 alternate B N28A CCU1332 37.437674 -122.145639 52' 4830 1664 Waverley St i Lowell Ave provides great screening. ease e - this pole is between properties and aBhough there are no trees next to the pole to provide screening there is a very large trees on the adjacent properties that provide screening from the in -design B N28A CCU1332 37.437913 -122.145953 46' 4829 1650 Waverley St homes. Feasible - There is a large tree that provides screening on the adjacent property. However, the birch tree across the street may provide limited alternate B N28A CCU1332 37.437497 -122.145288 4831 SD 370 Lowell Ave on Waverley St screening from the 2nd story storywindows. Feasible - This pole is between homes, but there is no tree screening alternate B N28A CCU1332 37.438044 -122.145241 4635 415 Lowell Ave and the equipment will be visible to 2nd story across the street. alternate B N28A CCU1332 37.437345 -122.145928 4636 353 Lowell Ave Feasible - This pole has no tree screening and has a transformer on it. Feasible - This is a dead end pole with no tree screening. It will be visible from 2nd Story window and balcony of the adjacent property. alternate B N28A CCU1332 37.437127 -122.146145 4637 335 Lowell Ave This is a aesthetically poor choice. Feasible - This pole has no tree screening and is 25from the front 36 alternate B N39A CCU1332 37.439950 -122.142882 42' 4758 1700 Webster St near Lowell Ave entrance of 1700 Webster. Feasible - This pole is between properties and has a good tree screening in both directions. However, it is located next to the in -design B N39A CCU1332 37.439790 -122.142650 ? 4759 1720 Webster St driveway of 1720 Webster which is set back approx. 80' from pole. Not feasible - This pole is inadequate in height and will not address the coverage gap. Also, the big redwood tree 15' from pole will block the alternate B N39A CCU1332 37.439700 -122.142320 4761 1745 Webster St intended coverage area. alternate B N39A CCU1332 37.440110 -122.143240 4757 569 Lowell Ave Feasible - This is a corner pole and there is very little tree screening. Feasible - This is a corner pole, but it is well screened by a big oak 3 alternate B N4A CCU1332 37.440453 -122.146846 38' 5559 474 Churchill Ave @ Cowper St tree. Feasible - This pole is between properties and is well screened by trees in 3 directions. There is a Lawn Bowling Club across the in -design B N4A CCU1332 37.440200 -122.147020 ? 5428 464 Churchill Ave street. This is a good candidate. Feasible - This pole is between properties but is next to a driveway. Trees only provide screening in one direction and there is transformer with a 4" secondary power riser on pole. This will impact climbing alternate B N4A CCU1332 37.440740 -122.146450 5429 528 Churchill Ave space. This is aesthetically not a good candidate. Not Feasible - This pole is adjacent to Lawn Bowling Club. There is no tree screening in either direction and a big redwood tree is blocking the alternate B N4A CCU1332 37.440550 -122.147030 5558 1499 Cowper St intended coverage area. Not Feasible - This pole is between properties but next to a driveway. alternate B N4A CCU1332 37.110110 -122.146210 5560 1550 Cower St Also, a big redwood tree is blocking the intended coverage area. Feasible - This pole is between properties and is very well screen in 9 in -design C N10B CCU1332 37.439805 -122.155517 425" 5703 179 Lincoln Ave near Emerson St 3 directions by trees. Feasible - This pole is between properties and has a little screening alternate C N10B CCU1332 37.439670 -122.155750 5704 151 Lincoln Av from pedestrian view from both directions. Not Feasible - This is a corner pole that has a little tree screening. However, there are high voltage transmission line on pole that can not alternate C N10B CCU1332 37.439900 -122.155360 5684 1102 Emerson ST be moved. alternate C N10B CCU1332 37.440010 -122.155470 5686 189 Lincoln Av Not Feasible - This is a corner pole and has no tree screening. Feasible - This pole is well screened by a large oak tree on top and 12 in -design C N14A CCU1332 37.437427 -122.151262 42' 5750 1401 Emerson St near Kellogg Ave hedges below. Feasible - This pole is between properties, but there is no tree screening and it's next to a driveway. Additional there is a transformer on pole with 2 - 2" risers and another 1 - 4" power riser. Which will eat alternate C N14A CCU1332 37.437240 -122.151010 5749 1429 Emerson St up climbing space. Feasible - This is a corner pole with very little screening. It's also close alternate C N14A CCU1332 37.437720 -122.151640 5751 255 Kellogg Av to Castille'a School. Feasible - This pole is between properties and is well screened by a tree. However, it may be visible from windows of 159 Kellogg & 1360 alternate C N14A CCU1332 37.437390 -122.151950 5743 159 Kellogg Ave Emerson. Alternative Aesthetics Fielding Analysis Feasible - This pole is between properties, but has a little screening 15 alternate C N17A CCU1332 37.435161 -122.150050 33' 1086 119 Coleridge Ave near Alma St by an evergreen in front of 119 Coleridge. Feasible - This pole is near a corner of Alma St which is a major thoroughfare. There is a tree canopy which will provide adequate in -design C N17A CCU1332 37.434930 -122.150340 ? 6939 109 Coleridge Ave screening in the direction away from Alma St. Feasible - This pole is between properties, but may be viewable outside of the 2nd story window of 127 Coleridge. Also, it has transformer and alternate C N17A CCU1332 37.435390 -122.149860 1085 133 Coleridge Ave 4" power riser. Feasible - There is a large oak tree that will provide screening to this pole. However, it is close to the walkway to the front entrance of 151 alternate C N17A CCU1332 37.435640 -122.149670 1083 151 Coleridge Ave Coleridge and has a transformer and power riser. Not Feasible - Although this corner pole is on a major thoroughfare, alternate C N17A CCU1332 37.434940 -122.150370 0996 SD 109 Coleridge Ave on Alma St there are high voltage transmission lines that will not be able to move. 11 alternate A N13A CCU1332 37.434988 -122.144240 52' 4891 1865 Bryant St tt Seale Ave Feasible - This corner pole is well screened by the tree canopy. ease e - I nis pole is well screened in both directions by trees. However, it is next to driveway of 1837 Bryant, but is away from windows. It will requires primary conductor be moved from pole top to make room for antenna and there is a transformer on the in -design A N13A CCU1332 37.435280 -122.144620 ? 4892 1851 Bryant St Dole. Not Feasible - This pole is on the side of a property, but it has no tree alternate A N13A CCU1332 37.434910 -122.143950 4891 SD 310 Seale Ave screening and has no space to attach the equipment. Feasible - This pole is next to a drive way and will be visible from 2nd alternate A N13A CCU1332 37.434720 -122.144440 4677 1854 Bryant St story houses. Also, there is a transformer on pole. Feasible - This pole is in front of a house and will be visible from the 2 story window. There is some tree coverage up and down the street. alternate A N13A CCU1332 37.435210 -122.144040 4676 311 Seale Ave Also, there is a transformer and 1-4" secondary power riser. Feasible - This pole is between properties and has tree screening in both directions. However, it is next to a drive way and is visible 31 alternate A N34A CCU1332 37.432161 -122.144872 43' 1036 135 Rinconada Ave near Alma St from the 2nd story window of 130 Riconada Ave. Feasible - This pole is near the corner of Alma St which is a main thoroughfare. There is some tree screening and trees will provide in -design A N34A CCU1332 37.431870 -122.145320 ? 1038 105 Rinconada Ave screening in the direction away from Alma St. Feasible - This pole is next to a drive way and there is no tree alternate A N34A CCU1332 37.432090 -122.145130 1037 111 Riconada Ave screening. Feasible - This pole is next to a drive way and there is no tree alternate A N34A CCU1332 37.432690 -122.144680 1034 151 Riconada Ave screening. Feasible - This pole is located in front of the garage for 255 & 275 driveway, away from any windows. Trees will provide some 4 in -design A N5B CCU1332 37.431963 -122.140278 44' 4717 255 N California Ave near Ramona St screening to the pole from both directions. Feasible - This is a corner pole, but is partially screened by a tree alternate A N5B CCU1332 37.431710 -122.140470 4909 255 N. California An canopy. Feasible - This pole is close to a corner and close to the front walkway alternate A N5B CCU1332 37.431540 -122.140320 4908 2255 Ramona St of the adjacent property. Also, there is a transformer on the pole. Feasible - This corner pole is located next to the First Baptist church. It alternate A N5B CCU1332 37.432380 -122.139970 4878 305 N. California Ave has no tree screening. Feasible - This pole is located in front of the First Baptist church. It has alternate A N5B CCU1332 37.432583 -122.139776 305 N. California Ave no tree screening. Not Feasible - This pole has no space to attach any equipment. There is a transformer, a secondary power riser, CAN & phone risers on pole alternate A N5B CCU1332 37.432170 -122.139660 4877 2257 Bryant St on it. Feasible - This is a corner pole and is not screened by a tree 37 alternate B NIB CCU1332 37.434636 -122.140881 45 4848 2110 Waverley St at Santa Rita Rd canopy. Feasible - This pole is on the side of the property and is screened in both direction by a tree canopy. Transformer is a transformer but in -design B NIB CCU1332 37.434907 -122.140654 42' 5" 4692 SD 2101 Waverley St on Santa Rita Rd the pole has adequate space to meet our requirements. Not Feasible - This pole is not well screen by a tree canopy, is visible from he 2nd story window, and the tree next to it encumbers work alternate B N1B CCU1332 37.434337 -122.141220 4691 350 Santa Rita Rd space. Feasible - This pole is between properties, but is not screened by a tree alternate B N1B CCU1332 37.434831 -122.141243 4847 2050 Waverly St canopy and is visible from 2nd story houses. Not Feasible - This pole is between properties, but next to a drive way alternate B N1B CCU1332 37.434465 -122.140466 4849 2122 Waverly St and has no space available to attach our equipment. Not Feasible - This pole does not have adequate space to attach our alternate B N1B CCU1332 37.435141 -122.140415 4693 SD 2101 Wuverley St on Santa Rita Rd equipment. There is a load/repeater on it and it's next to a driveway. Feasible - This pole is between properties and is screen in both 18 in -design B N20A CCU1332 37.435182 -122.135527 46' 4781 2326 Webster St near Oregon Ave directions by a tree canopy. Feasible - This pole is only partially screened by a tree canopy. Also, it moves the node away from intended coverage and may cause a gap in alternate B N20A CCU1332 37.434905 -122.135206 4782 2344 Webster St coverage. Feasible - This pole is between properties but it has no tree screening alternate B N20A CCU1332 37.435314 -122.135875 4780 2280 Webster St and is next to a driveway. Feasible - This pole is between properties but it has no tree screening alternate B N20A CCU1332 37.435534 -122.136151 4779 2250 Webster St and is next to a driveway. Feasible - This pole is well screened on all side by a substantial tree canopy which includes and evergreen. It is on Oregon Expwy 8 in -design B N9A CCU1332 37.437441 -122.131095 38' 3095 Oregon Expressway near Ross Rd which is a major thoroughfare and is not located in a back yard. Not Feasible - Pole is located in the residents backyard and will not be alternate B N9A CCU1332 37.437126 -122.131280 R 755 Coastland Dr on Oregon accessible. Has abundant tree cover. Not Feasible - Pole is located in the residents backyard and will not be alternate B N9A CCU1332 37.437699 -122.130712 R 767 Coastland Dr accessible. Has abundant tree cover. Not Feasible - Pole is located in the residents backyard and will not be alternate B N9A CCU1332 37.437867 -122.130517 SD 2410 Ross Rd on Oregon accessible. Has tree cover but not on the side facing resident. Feasible - This pole is located to on the side of a house and currently well screened by 30juniper that tapers in diameter from the ground up. The battery cabinet would be less visible if place lower on the pole. The equipment should be mounted on the east 19 in -design C N21A CCU1332 37.442083 -122.125762 38' 6882 968 Dennis Dr near Burnham Way side of the pole and will be screen from the 3 other directions. Not Feasible - The Ash tree will block intended coverage area but does not provide much screening. Also this pole is located in a resident's alternate C N21A CCU1332 37.442340 -122.126162 Rear of 2424 Burnham Way backyard and will not be accessible. Alternative Aesthetics Fielding Analysis Not Feasible - Pole is located in the residents backyard and will not be accessible and will not provide much screening of equipment from alternate C N21A CCU1332 37.441908 -122.125499 Rear of 2460 Burnham Way residents or view from the street. Feasible - Redwood trees block intended coverage area, but does not provide screening. Also, this pole is located next to a driveway and alternate C N21A CCU1332 37.441708 -122.125234 2480 971 Celia Dr would be a poor choice aesthetically. Not Feasible - Pole is located in the residents backyard and will not be accessible and will not provide much screening of equipment from alternate C N21A CCU1332 37.442090 -122.126437 Rear 959 Dennis residents. Transformer pole. Feasible - This pole is not screened by the tree canopy and is 2 alternate C N3A CCU1332 37.438625 -122.124878 425' 4209 905 Amarillo Ave t Louis Rd visible from 2nd story window. Feasible - This pole is between properties on a major road and has in -design C N3A CCU1332 37.438154 -122.124542 ? 2455 SD 2704 Louis Rd trees that will provide screening along both pedestrian direction. Not Feasible - This pole is on the side of a house and has some tree coverage but is near a corner. Also, there are high voltage lines cannot be relocated in order for us to attach our antennas along any pole on alternate C N3A CCU1332 37.438630 -122.125048 3204 SD 905 Amarillo Ave on Louis Rd the north side of Louis Rd. Feasible - This pole is in front of the 2nd story windows of the adjacent alternate C N3A CCU1332 37.438472 -122.125102 2453 SD 896 Fielding Dr on Louis Rd property. There is some tree coverage from one viewing direction. Not Feasible - This pole is in-between properties and next to a VRAD. There is some tree screening from one direction. Also, there is a high alternate C N3A CCU1332 37.438353 -122.124903 2454 2692 Louis Rd power disconnect on pole. So, it's not the best candidate. Feasible - This is a corner pole that has no tree screening and is in front alternate C N3A CCU1332 37.438698 -122.125416 3114 SD 893 Fielding Dr on Louis Rd of 2nd story atorywindows. Which makes it an a aesthetically poor choice. Feasible - This is a well screened pole; however, placement of the equipment will require the removal of 6' of hedge in front of the alternate C N3A CCU1332 37.438863 -122.125693 3140 SD 898 Moreno Ave on Louis Rd resident's house. Therefore, this would be a poor choice. Feasible - This pole is well hidden on the residential side of the pole within the tree canopy. If we facing the equipment towards the 6 in -design C N7A CCU1332 37.443959 -122.122881 36' 4087 1082 Cardinal Way near Aztec Way houses, the tree will provide more screening. Not Feasible - These poles are well screened; however, they are in alternate C N7A CCU1332 37.443757 -122.122497 R 1092 Cardinal Way backyards and will not be accessible. Not Feasible - This poles are well screened; however, they are in alternate C N7A CCU1332 37.444194 -122.123230 R 2470 Aztec Way backyards and will not be accessible. Not Feasible - There are no trees to provide screening and this location moves the equipment away from intended coverage area leaving a gap alternate C N7A CCU1332 37.444359 -122.123503 4091 1084 Arrowhead Way in coverage. Not Feasible - There are no trees to provide screening and this location moves the equipment away from intended coverage area leaving a gap alternate C N7A CCU1332 37.444615 -122.123604 Poles along W Bayshore Rd in coverage. Feasible - This is a corner pole is across the street from Peers park 0 alternate A N16A CCU1476 37.431276 -122.147727 37 911 1920 Park Blvd on Leland Ave and is partially screened by a tree. Feasible - This pole on the side of a house and across the street from Peers Park. It is well screened by tree canopy in both in -design A N16A CCU1476 37.431469 -122.148059 338' 912 1880 Park Blvd directions. Feasible - This pole is screened by a tree canopy however moves away alternate A N16A CCU1476 37.430973 -122.147970 910 245 Leland Ave from intended coverage and has tree coverage. Not Feasible - This pole is adjacent to Peers Park but the tree canopy alternate A N16A CCU1476 37.431406 -122.147595 914 Opposite of 1920 Park Blvd will block all coverage. Not Feasible - This pole is next to a drive way and the tree canopy will alternate A N16A CCU1476 37.431555 -122.148234 913 1874 Park Blvd block the intended coverage area. Feasible - This corner pole is partially screen in two directions by 14 alternate B N16B CCU1476 37.429408 -122.149329 42' 899 395 Leland Ave ti Ash St the tree canopy. Feasible - This pole is located on the side of house. It is partially screened by the tree canopy and moves us closer to intended in -design B N16B CCU1476 37.429833 -122.150286 375" 904 SD 134 Park Blvd on Ash St. coverage. Feasible - This pole is between properties, but does not have any alternate B N16B CCU1476 37.429637 -122.149922 903 SD 390 Leland Ave on Ash St. screening. Also, there is a transformer on the pole. Feasible - This pole is directly outside 2nd Story window of the adjacent alternate B N16B CCU1476 37.429506 -122.149667 902 SD 390 Leland Ave on Ash St. property. Feasible - This pole is located on the side of a house. It is screened in both directions by a tree canopy but moves away from intended alternate B N16B CCU1476 37.429096 -122.148878 900 SD 395 Leland Ave on Ash St. coverage area. Not Feasible - This pole is between properties, but is not screened by a tree canopy and is visible to the 2nd story windows across the street. alternate B N16B CCU1476 37.429096 -122.149515 901 419 Leland Ave Also, there is no space to attach our equipment. Not Feasible - This pole is at the end of a Cul-de-sac but has no tree alternate B N16B CCU1476 37.428878 -122.149708 998 441 Leland Ave screening. Also, there is no space to attach our equipment. ISSUE DATE ! ( I y. m4 1 .. J '{ Nr i• f t }'�" a 1 11/10 1 proposed antennas f! - ! �£.iae �� - `fin •' 1' �C ! M DESCRIPTION REFERENCE y AI POWER DISCONNECT& GROUND BAR 3 r. 2 ALPHA MMOE BATTERY CABINET k � - �Y°•; r! s s •. A3 TYCO PRISM QUAD BAND REMOTE `• A4 FIBER TERMINAL A5 4" CIA SCHEDULE "C" RISER •;f.' ! 7" •. N ',{� - A6 SHAKESPEARE FIBER GLASS EXTENSION 7 STANDOFF PIPEANTENNAMOUNTS --_- -;�;t-- -- f } S I 3• r A8 KATRINETRI-SECTOR ANTENNA ti I 5 . ' f = I9 7 �� QUAD BAND X-POLTRI-SECTOR ANTENNA I I (24"Hx 16" BASE DIAMETER) Lw PG&E PROVIDED METER BASE (18"H x9.5"Wx8"D) o i GROUND BAR (11"Hx 4Wx3/8"D) v OPTICAL NETWORK INTERFACE (13"Hx13"W x3.75"D) k - }� � : , _i K1815KT STANDOFF PIPE MOUNT 1 " � , j • r !� i it k -- Kathrein Antenna Mount (20 H x 11"W) proposed equ}•pment PRISM REMOTE (52.4H z 12.15"W x 10.125"D) r f ©.. . f, -- �' � _ _ .. _' - _ _ __ M1 —_ -� ~ �� 3� � Vn' / ' v to r •r •_ ALPHA MMOE OUTDOOR UPS/ BATTERY BACKUP ___ - `,�e FWHfi' STAND0FFFF -- BHACET 27"H x22"x24"D) a PAINT NOTE: ALL CABINETS WILL BE PAINTED SPRUCE GREEN TO BLEND INTO EXISTING LANDSCAPE. / - a - PROJECT NAME S ' PALO ALTO O DAS y • rr ' S• r•. ! NODE ADDRESS •`_�r - 1345 WEBSTER ST • e' s ti POLE NUMBER ,. •� ;! '- - hA . - it N 18A/55O8 :` 4 DATE CONST ARC C❑MP N t, GE❑/CO P 8 w 3 E t ., - EXCHANGE ��� ENGINEER C.YIP +' �, ► 4I _. TELEPHONE (408) 493-7488 r S rr ENGR ARC VOKSDJW7E0 at&t Site # N18A Aerial Map - -- -- '� - _ - Looking Northeast from Webster Street TYPE OF CONSTRUCTION PROJECT DAS PERMIT 1345 Webster Street 8040600 122111 Palo Alto, CA 94301 Applied Imagination 510 914-0500 RO/EST NO NEIGHBORHOOD CONTEXT 1 PHOTOGRAPHIC SIMULATION 2 DWG 4 OF 63 SHEET A-1 .1 ISSUE DATE at&t 1 09/26/11 proposed antennas �;rrl '}''- DESCRIPTION REFERENCE �' - •"+= C ! :: y.r r� : � J I ° C' y" !'j$" 1 POWER DISCONNECT & GROUND BAR 2 ALPHA MMOE BATTERY CABINET ` 4 pu/}' - Al ��' 3 TYCO PRISM WAD BAND REMOTE •1„Y4 I ,1,141•+•• iF 4 FIBER TERMINAL • K F e �. r14` '� `Y AS 4" DIA SCHEDULE "C° RISER .,1j.. ._ is •�" 8 .i i c..:.h': ;[.: f _ 7�,pfA"r•��•:p! �.r 6 EXTENSION "'�+t/� • -' f •• } ^�: t" + r" ) r,{, 7 S • . r�'j �,V� 7 STANDOFF PIPE ANTENNA MOUNTS 8 KATRINE TRI-SECTOR ANTENNA ,;j, 1}f T ; r 1 n WAD BAND X-POL TRI-SECTOR ANTENNA - - ,4 r '1 A i i 'C ' ` I I (24"H x 1fi BASE DIAMETER) 1•x•1 PG&E PROVIDED MIR BASE Y5� � e1 b2WND BAR (11"Rx 4"Wz3/8"D) ' �, 1 f _ �• - _ ,I • „� ,h TICAL NETWORK INTERFACE 13"H z 13"W z 3.75"D) A "1' �, I� -i ( ?• f- 1- (36"H x 24"W x 2 3/8. OD) ij° Kothrein Antenna Mount a - 1� PRISM REMOTE (52.4°H x 12.15W x 10.125D) L i- 11 ALPHA MMOE OUTDOOR UPS/ BATTERY vw BACK UP to_- !O-'�_ n' �.�.k_ �' FWP—UPS14000050-1 VATH V STANDOFF BRACKET 2711 x 22° x 24*6 _ ---'w ,''; PAINT NOTE ALL CABINETS N1LL BE PAINTED SPRUCE GREEN TO BLEND INTO EXISTING LANDSCAPE. _r __ `s !, proposed equipment PROJECT NAME PALO ALTO ODAS NODE ADDRESS A ~ = 41 • - 1248 WAVERLY ST ," POLE NUMBER N29A/5595 DATE �� E+ CON ST ARC COMP P1 —58 !I7 111J•GEO/CO EXCHANGE PLALCA02 ENGINEER M.NGUYEN at&t Site# N29A Arlai Map Looking Southwest from Waverley Street TELEPHONE (408) 635-8919 ENGR ARC VOKSDJW7EO 1248 Wavelley Street TYPE OF CONSTRUCTION PROJECT DAS PERMIT 11/O711 Pala Alto, CA 94301 Applied Imaynaaon 510914-0500 Applied Imagination 510 014-0506 RO/EST NO 8040600 NEIGHBORHOOD CONTEXT 1 PHOTOGRAPHIC SIMULATION 2 7 63 A-2.1 DWG OF SHEET ISSUE DATE at&t 1 09/26/11 proposed antennas # DESCRIPTION REFERENCE POWER DISCONNECT & GROUND BAR ---T.JI t2 ALPHA MMOE BATTERY CABINET r 3 TYCO PRISM WAD BAND REMOTE 4 FIBER TERMINAL A5 4" DIA SCHEDULE "C" RISER H •� ': xz -- . 6 SHAKESPEARE FIBER GLASS �• • EXTENSION 7 STANDOFF PIPE ANTENNA MOUNTS ,A 8 KATRINE TRI-SECTOR ANTENNA proposed equipment n WAD BAND X-POL TRI-SECTOR ANTENNA 1411 (24 H x 16" BASE DIAMETER) PG&E PROVIDED MFxTER BASE DI( b2WNO BAR (11"Nx 4"Wx3/8"O) •,' ►• 1 - ` h, 1 TICAL NETWORK INTERFACE 13"W - �, 815KT STANDOFF PIPE MOUNT 6"H x 24"W x 2 3/8" OD) R a I ''•'� threin Antenna M0"H ,�� x 11"W) 4'�- PRISM REMOTE (52.4"H x 12.15W x 10.125D) - PHA MMOE OUTDOOR UPS/ BATTERY 7"H x 22"W x 18"D) IP-UPS14000050-1 _ ` TH 6" STANDOFF BRACKET 27-H x 22' x 24-6 - -- "- _ PAINT NOTE ALL CABINETS WILL BE PAINTED SPRUCE - GREEN TO BLEND INTO EXISTING LANDSCAPE. -_ PROJECT NAME PALO ALTO ODAS p' }' R NODE ADDRESS • 595 LINCOLN AVE . POLE NUMBER N8A/5318 I Y' M1 N T DATE CONST ARC COMP GEO/CO P1-58 EE S `', I _ i ! i ! ., `� .rr - EXCHANGE PLALCA02 ENGINEER M.NGUYEN TELEPHONE (408 at&t Slte# NBA Aerial Map Looking West from Lincoln Avenue DJW E0 ENGR ARC V0KSDJW7E0 595 Lincoln Avenue TYPE OF CONSTRUCTION 11/07/11 Palo Alto, CA 94301 Appliadlmagnabn510914-0500 Applied Imagination 510914-0500 PROJECT DAS PERMIT RO/EST NO 8040600 NEIGHBORHOOD CONTEXT 1 PHOTOGRAPHIC SIMULATION 2 10 63 A-3.1 DWG OF SHEET ISSUE DATE at&t 1 09/26/11 proposed antennas ti DESCRIPTION REFERENCE 1 POWER DISCONNECT & GROUND BAR lIIIII!rI•: • ^'i A2 ALPHA MMOE BATTERY CABINET s .y + 3 TYCO PRISM QUAD BAND REMOTE FIBER TERMINAL A5 4" DIA SCHEDULE C" RISER I V " !W _ �_ - 6 SHAKESPEARE FIBER GLASS r EXTENSION 7 STANDOFF PIPE ANTENNA MOUNTS •5••' -:� V + - - 8 KATRINE TRI-SECTOR ANTENNA - . • "5-" ~ ti` WAD BAND X-POL TRI-SECTOR ANTENNA (24"H x 16 BASE DIAMETER) A ' .�(, PG&E PROVIDED MFXR BASE 11 b2WNO BAR (11"Rx 4"Wx3/8"O) TICAL NETWORK INTERFACE 1YH x 1YW x 3.75"D) equipment q p �. _______ K1815KT STANDOFF PIPE MOUNT (38"H x 24"W x 2 3/8" OD) •proposed Kathrein Antenna Mount (20"H x 11"W) PRISM REMOTE t 5 ?,- (52.4H x 12.15W x 10.125D) - ALPHA MMOE OUTDOOR UPS/ BATTERY BACK UP Y�� (27"H x x 18b) fl FWP-UPS140014000050-1 WITH V STANDOFF BRACKET 2711 x 22" x 24*6 LO Q PAINT NOTE ALL CABINETS WILL BE PAINTED SPRUCE GREEN TO BLEND INTO EXISTING LANDSCAPE. �qy PROJECT NAME ' PALO ALTO ODAS NODE ADDRESS SD 370 LOWELL AVE . POLE NUMBER N28A/4831 }. D I __ __ -H lI DATE CONST ARC COMP 1, r GEo/Co P 1-58 S f M• • EXCHANGE PLALCA02 + ENGINEER M.NGUYEN dot Looking South from Waverley Street TELEPHONE (408) 635-8919 Site Aerial Map ENGR ARC V0KSDJW7E0 370 Lowell Ave on Wavertey St TYPE OF CONSTRUCTION 11!07111 Palo Alto, CA 94301 A4liedkau inauon510914-0`W Applied Imagination 510914-0500 PROJECT DAS PERMIT RO/EST NO 8040600 NEIGHBORHOOD CONTEXT 1 PHOTOGRAPHIC SIMULATION 2 13 63 A-4.1 DWG OF SHEET I- i•zv� •,'�fr I_ - g!� r.. �r '•' ��h V y y+ 4i 1 : I2!t __ J •. R.7 l •r hi Q.. '311!i r C P - •- ,Y9 ;Q s' � 'x•:•19 ' � "L. ,SFt� Yom.. I I ___ _ __ ____ ? i. •qz - - •ip _ - .. • AyL,J I' `� ,,rte F •� 3 `' 4 -^' ryb� `�y�. _ s'r ..,�`•�h'--try,r �'�.'�FT'w"t 4i,°'a• ,.ate- y 4�y,�.'� �' `?4 ?1:(.4 "'+° -4,5 /, -i.�" pea .f '5- .: • :raj::' a J #- V clL . • PALO ALTO U DI IODE ADDRESS 1720 WEBSTER AVE 'OLE NUMBER u70A / A710 Al It I f T. ' y Y � r PALO ALTO U DI IDDE ADDRESS 164 CHURCHILL AVE 111 F NIIMRFR 94A / 5418 'h},< � ; ! i,x• 0.: t . ��'i"� '. r''s. � d � • _ _I.{> �� `�'` � 1f .fit - � _ __ -i, - �{•!': +iy.. i. Ur a '� 3 '�S' LT'S. Y�}� _ _ 4 �•S ' .3 ° _ yam;,✓ - 5 �`'� �. - S'. v ++ 5 aht ,rry,rh. 1 - � --_ - - � ' y�}+a.. `: r y / ,'� F^j �4 / 'Yrt'.- `�ci 5 %•a ,�:Aaa ^�- �' py�i 1�1. N4r'.�I'A �� d: gyp- �- 'E� ;.' ]�].A 4J�, a •� Z ..�i r, � .,'J '� 41P1¢r � _ • rs'I�..rc�t«� � •- �•+�' �sr � +yyf` i rlla � z=�ZYt�� �-� � Kt ,� y - a ' _ - " - � r s �k j5�R it t� l ♦ y e �; u/ Faice• u� .r' '.J`- '5: r �,r s _.• i„Y - �'�+�Lv`Y*rr�r, t .• �,�}�q-sry� 71 - '1 �i-.,� _ . Yt HALO ALTO O DAS IDDE ADDRESS 179 LINCOLN AVE 'ILE NUMBER 410B / 5703 ._ y. •�k N t r LOOKING EAST FROM SITE proposed antennas w Looking Northeast from Emerson Street 1 SIMULATION BEFORE ISSUE DATE at&t 1 11/10 # DESCRIPTION REFERENCE Al POWER DISCONNECT & GROUND BAR A2 ALPHA MMOE BATTERY CABINET A3 TYCO PRISM QUAD BAND REMOTE A4 FIBER TERMINAL AS 4" DIA SCHEDULE "C" RISER A6 SHAKESPEARE FIBERGLASS EXTENSION 7 STANDOFF PIPE ANTENNA MOUNTS A$ KATRINE TRI-SECTOR ANTENNA DATE C❑NST ARC C❑MP GE❑/C❑ P1-58 EXCHANGE PLALCA02 ENGINEER M. HENNESSY TELEPH❑NE (408) 493-7117 ENGR ARC VOKSDJW7EO TYPE ❑F C❑NSTRUCTI❑N PROJECT DAS PERMIT R❑/EST N❑ 8040600 2 DWG 25 ❑F 63 SHEET A-8.1 � t i r w c_ : w L29 ciT NEIGHBORHOOD VIEW Ill r 1 PHOTOGRAPHIC SIMULATION ISSUE DATE a L 1 11/10 # DESCRIPTION REFERENCE Al POWER DISCONNECT & GROUND BAR 2 ALPHA MMOE BATTERY CABINET A3 TYCO PRISM QUAD BAND REMOTE A4 FIBER TERMINAL A5 4" DIA SCHEDULE "C" RISER A6 SHAKESPEARE FIBER GLASS EXTENSION 7 STANDOFF PIPE ANTENNA MOUNTS A8 KATRINE TRI-SECTOR ANTENNA Q QUAD BAND X-POL TRI-SECTOR ANTENNA (24"H x 16" BASE DIAMETER) PG&E PROVIDED METER BASE (18"H x 9.5W x 8"D) GROUND BAR (11"Hx4"Wx3/8"D) OPTICAL NETWORK INTERFACE (13"H x 13"W x 3.75"D) (36"H xT STANDOFF Wx23PIPE MOUNT (36"H x 24"W x 2 3/8" OD) Kathrein Antenna Mount H(20"H x 11"W) PRISM REMOTE (52.4H x 12.15W x 10.125D) L1ALPHA MMOE OUTDOOR UPS/ BATTERY BACK UP (27"H x 22"W x 18"D) FWP UPS140000501 ( WITH 6 STANDOFF BRACKET 27'H x 22" x 24"D) PAINT NOTE: ALL CABINETS WILL BE PAINTED SPRUCE GREEN TO BLEND INTO EXISTING LANDSCAPE. PROJECT NAME PALO ALTO ODAS NODE ADDRESS 109 COLERIDGE AVE POLE NUMBER NI7A / 6939 C❑NST ARC C❑MP GE❑/C❑ P1-58 EXCHANGE PLALCA02 r,. ENGINEER C -YIP TELEPHONE _(408 493-7488 ENGR ARC VOKSDJW7E0 Looking Northeast from Coleridge Avenue TYPE OF CONSTRUCTION PROJECT DAS PERMIT R❑/EST NO 8040600 2 DWG 28 OF 63 SHEET A-9.1 • .1;Y � _ rsa c� =� ,• gin y , p •C 1 Y - e 4 - 1 � ��: ``" �, 'l. � c �'' : y f->,. p �'"�i 7,`" � a ' •;�� F , R � i iii i ITT 1�, _ �-,• J. ii;, .% d .i� 11 11 i 4 ` i ` i i 4., :E' k'�=1' y c. `"•Y. ��",. �_ y�iw�'n '1 .'� "�i }vr, i•° a:. U. �•- - ... F #Al 4 r 1' a ♦ x . • "4 'e2 1 ''- �+=. , r: .}: .�,t r�.t. 1�"y` ti ri+:y_�..� ,� n it• 2�� � 'I! Ll �K.'' W9� fi.. M1'�i `G}.S �'�• ,,ail � � bP+"- ;�..4y�� ',1. _• • 1 is - 1 - . 4;, wr � �-.y',. �` � � ..yt i' - ",i� _ • • w; _ � �_� err � � y w _ ."°�' r: '•15'5 Y f t ^ e• S^t'-`� . � 4. • '. - {. -'?$. • R� .viii �_� G�C�' _. ',' a I'• J I t.� _ � -•w - r ;4�,���--+'..� - - �A ix -. � - ;�'ti�� - _'�'- - e• 'f"r- 'ife.'� � 11 f' ��,.. �� .� ..�"• �Y • '� - - 3 - - - — "t'i } - ''i = w r_F,^•.. 1, -' s '• - Ir• , - I@ _.�4 r lii- I • 4. •_\ • • .•..._:__.i___• -.• rw' �' ; ..... -r .* � - ► _ s f!�r, .3; _� .1-�i� : � ��� � �,� _ .� _ 1f�atjpt �,•,h. Yr ♦ 4 yr - _- - '•`~-.-__-~ •. `fie IS;;1 \__ 4 (4r t _ I'y rJ I! w fH • - —VI ~' ti �, r1$1-, - a 0 • S. S • -- �l�i Ir I�RIS47 PALO ALTO U DI IDDE ADDRESS 1851 BRYANT ST a / AWL • .•'- Ni ti 6 . ". ,_►. ''�. �_ 111 , 1''_ / r7 NEIGHBORHOOD VIEW 1 PHOTOGRAPHIC SIMULATION ISSUE DATE at&t 1 11/10 R DESCRIPTION REFERENCE II POWER DISCONNECT & GROUND BAR 12 ALPHA MMOE BATTERY CABINET 13 TYCO PRISM QUAD BAND REMOTE 14 FIBER TERMINAL 4" DIA SCHEDULE "C" RISER 16 SHAKESPEARE FIBERGLASS EXTENSION STANDOFF PIPE ANTENNA MOUNTS IB KATRINE TRI-SECTOR ANTENNA QUAD BAND X-POLTRI-SECTOR ANTENNA (24"H x 16" BASE DIAMETER) PG&E PROVIDED METER BASE m (18"H 09.5W x 8"D) GROUND BAR (11"Hx4"Wx3/8"D) OPTICAL NETWORK INTERFACE (13"H x 13"W x 3.75"D) (XBX)36"H x STANDOFF"Wx23PIPEMOUNT (36"H x 24"W x 2 3/8" OD) Kathrein Antenna Mount El (20"H x 11"W) HI PRISM REMOTE 1^� (52.4"H x 12.15W x 10.125"D) ALPHA MMOE OUTDOOR UPS/ BATTERY BAC K (27"H x 22"W x 18"D) FWP-UPS14000050-1 ( WITH 6" STANDOFF BRACKET 27"H x 22" x 24"DI PAINT NOTE: ALL CABINETS WILL BE PAINTED SPRUCE GREEN TO BLEND INTO EXISTING LANDSCAPE. PROJECT NAME PALO ALTO ODAS NODE ADDRESS 105 RINCONADA AVE POLE NUMBER N34A / 1038 DATE C❑NST ARC COMP GE❑/C❑ P1-58 EXCHANGE PLALCA02 .r -4.M► ENGINEER C.YIP TELEPHONE (408) 493-7488 : z . - ENGR ARC VOKSDJW7EO Looking Northwest from Rincinada Avenue TYPE OF CONSTRUCTION PROJECT DAS PERMIT R❑/EST NO 8040600 2 DWG 34 OF 63 SHEET A-1 1 .1 • : - — { ,d`�. 'y ���?^i ��p ;_`- ,�lj�� k.i � �s _•'k, �. - £,�J� . x � +".,y,•_ .r; �r�-*' id - P' g �r _al�?L. ��o ,o a .ly. y 2°"� � F §'�S+��xjra..5s - :. �' {��J�i ate• ": e, .'Jis .: +�_ "i.� f. �' �' � � S ' � • "•c��� ..��=. :,� r�' „tip 3�� k,y '� �,7`w �i'�' �7�,Ik y',�,~. ,r. .� �,. qtr-,. �^' ��' � 4�•�+r'-' y�5 �' �G 'fit �. {v�-� ,�r X �� -fs*'FAIR.- o- Ir: ;:�.,�..-, - .+'+ �..-.i'r�i:C F" `re '�i'P _ i' .� .� _ ,f.'i -���s` �. � t�"��� r•'�?1 �f"�� y� .�y ...'I ` 1+'�'�Sri� �l�t A5'f ? f� '�_ w" f #- '�i".2:"St.• .5. ] _ —442 ���Fyr �i• _. y V�i v� ,�•�rk � �-y��gy�ep� '� Vf � y,,yx . } i �..,��k •. 5 S�F4J r ii'�'' ik a'{ '+�'t'`� r" - �+ r" 'f I ti. -.�- f• a/ l u� _Jtl'rr, . J\ J rvy -'. _� s ''`h I �Y,- 'R . °�, 1' ,F'_, a' S".iC�Fyc.'Aya,3,,�•w 4 , p. -% I fM1�l 5 ? n'�"ark 37.431963, 122.1'40278 f a) 0H' 4 r r � • fln■ Il nuiii Il<1II IDDE ADDRESS 255 CALIFORNIA AV TILE NUMBER AR / d717 �`�� -i ,�¢�"':, 1 } 'aF' r 4.: gyp+ :� .� ,�_- r � �s��,, � ✓,�. v 1' r; i �" `' . e*�' b �ya1' f,�"'93._ °ji _ � alai �i►'�x\� 1 ,h` L° - h :..r�f- ro!n �-�• S`3 _ tl i ,w 4k ;ipv "` - cam^: .n .,r�',;P' � lrt?: •"�'�- rT-.r' -, ° � +�' rgi rya r .���/-R"�'•' r 1 �,Ac I J r J \Klyyit" R'F' L `Y ..kd'r'7' �.�, _ _ •'LC. '�,.^:Y��.IA'�,-y 4n 1. t YA -'.!• WAIT- 0 �t�. - - - '$ �*�� � Y " �' * r _ 4 '' �°�\ �i� ra . � °' xP � i 4 Y' ' a'� 1, 4"L•�fj9dY`'� i — q f �k �- _ -mil' f 'l •` A _��i', - ',� - a 11Fs. -yam a.✓.. "7r t m : _ •. d_ "n i. •=x, it's .+.. �9 F'' �:a fit., �.r. � 4... 'n'•F'f+x., -�� - } �- _ � � "n 9. 5n h r. 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'•tea.' � Y_ _ 1 A jam- • �� s w, � �, 4, . ! '0 posed HALO ALTO O D� IDDE ADDRESS 2326 WEBSTER ST OLE NUMBER 420A / 4781 I;,. UZ 1 a f � ' . tit:•. 77 1. l+ / // 7/ P�l �'I7.437441: 122.13199 • �. r. - • i� '� r Y 9II__ /d •S R u4/ ¶±l 'Y •}1 x7 'w / vy, tao�iQl t Si .S � •. . ;+"4. ••.. �IS 51 : 1S 4 5 . 4J a �y� T .Y• v �`�" F' qtr. fy ,�,-- _ 'y.' v, ltiz I,t �. i.- 1\. . "3C'S 11� * -:�: .Nx'JFS y'1' �• :4 �• rf h.'r . .; .. S t .y `- I ytYv , { , Y� �.. _ � tiS .tom •r �1,,� -\ I •' ,�•` t S `. Y-y�•'4�* "+:- T J1•IIIIII V 1REGuN EXF IA 13U ISSUE DATE x-' 1 11/10 proposed antennas # DESCRIPTION REFERENCE ,�� � ,: • AI POWER DISCONNECT& GROUND BAR •, •'". 2 ALPHAMMOE BATTERY CABINET TYCO PRISM QUAD BAND REMOTE Y`•,et� rTfi• 1' ` ' -.'-. - AS 4" DIA SCHEDULE C' RISER " _'����///FFr., qq� '� C �'' SHAKESPEARE FIBER GLASS EXTENSION '' STANDOFF PIPE ANTENNA MOUNTS • ' A8 KATRINE TRI-SECTOR ANTENNA c ti t' 1 I ` , QUAD BAND X POLTRI SECTOR ANTENNA (24"H x 16 BASE DIAMETER) )' f1 _ ri �+ �y y equipment R PG&E PROVIDED METER BASE 6d �I, (18"Hx9.5 Wx8 D) GROUND BAR (11"Hx 4' Wx3/8"D) proposed p, K F - ` r'S +`. ; �y OPTICAL NETWORK INTERFACE ,■ �'k .•�e ! . , ,G — * K1 815KT STANDOFF PIPE MOUNT (36"H x 24"W 023/8" OD) ' r r - - y Kathrein Antenna Mount x 11"W) P f20"H ) - ' - - - II II'p IIII PRISM REMOTE -- - (52.4"H x 12.15W x10.125"D) a ' y� R - '' ALPHA MMOE OUTDOOR UPS/ BATTERY --- ■ g� . ^ y - z- I - w' •r •t BACK UP (27"H x 22W x 18"D) FWP UPS14000050 1 (WITH 6" STANDOFF BRACKET 27H x 22" x 24"D) PAINT NOTE: ALL CABINETS WILL BE PAINTED SPRUCE O .rt ;V GREEN TO BLEND INTO EXISTING LANDSCAPE. PROJECT NAME _ PALO ALTO ODAS NODE ADDRESS • 968 DENNIS DR POLE NUMBER . • N21A / 6882 l© f I DATE C❑NST ARC COMP % GEO/CO P1-58 EXCHANGE PLALCAO2 + ENGINEER C.YIP 493-7488 TELEPHONE (408) V0KSDJW7E0 w��� �, y ENGR ARC T S Looking South from Dennis Drive TYPE OF CONSTRUCTION PROJECT DAS PERMIT 8040600 RO/EST NO NEIGHBORHOOD VIEW 1 PHOTOGRAPHIC SIMULATION 2 DWG 49 OF 63 SHEET A-16.1 .-_k +T.fir ! c4 4k __ - - 5.w��..� tom_ `��,,� � '�: '�"��'''t,�, a, -�` . �• RAa -�,', tit`_'' -- r: ..Y �� c r R k W Jill Icy _ • , !4 = Y' � �`. � µ Z' •' � ,� "]_ I 1~ ':(. �! is 5-. � � �yi�,: � 1,���. i -�y�. �'�y.. __ 4W4&_ AW __ r ri '� A, \ • ; ,may -f W _ ' .,�y` ryl�ir?:. _. sFla1"..�ti 7Y{ Ili, M ♦ . ~ - �+ ` '�� r !` tea\ • • i • • � ■ • PALO ALTO U DI IDDE ADDRESS �D 2704 LOUIS RD ISSUE DATE at&t 1 09/26/11 proposed antennas # DESCRIPTION REFERENCE Ni POWER DISCONNECT & GROUND BAR 2 ALPHA MMOE BATTERY CABINET :.. 3 TYCO PRISM QUAD BAND REMOTE 4 FIBER TERMINAL " 1 A5 4" DIA SCHEDULE "C" RISER _ 6 SHAKESPEARE FIBER GLASS EXTENSION N7 STANDOFF PIPE ANTENNA MOUNTS N8 KATRINE TRI-SECTOR ANTENNA WAD BAND BASEL TRISECTOR ANTENNA (24"H x 16" BASE DIAMETER) L' r ( W x8PG&E PROVIDED D)) BASE I( b20UNO BAR(11DN x 4W3/8D) o •TI �, CAL NETWORK INTERFACE 11TH x 13"W x 3.75"D) K1815KT STANDOFF PIPE MOUNT (36"H x 24"W x 2 3/8" OD) Kathrein Antenna Mount (20"H x 11"W) PRISM REMOTE • - 9� !l (5 IN x 12.15"W x 10.125"D) II t ei& � proposed equipment P P PHA MMOE OUTDOOR UPS/ BATTERY a v.v CK UP --- TH x 22'W x 18"D) IP-UPS14000050-1 ' b TH V STANDOFF BRACKET 2711 x 22 x 24*6 N6ANDOFF PAINT NOTE ALL CABINETS WILL BE PAINTED SPRUCE ��� . �y GREEN TO BLEND INTO EXISTING LANDSCAPE. PROJECT NAME PALO ALTO ODAS 7t NODE ADDRESS r f l*k. :• R 1085 ARROWHEAD . POLE NUMBER N7A/4092 - __]I - .t q N DATE CONST ARC COMP GEO/CO P1-58 - S � # # # �_ - - - _ - - EXCHANGE PLALCA02 ENGINEER M.NGUYEN 't Looking Southwest from Arrowhead Way TELEPHONE (408) 635-8919 Site # mA Aerial Ma �7 ENGR ARC V0KSDJW7E0 1085 Arrowhead Way TYPE OF CONSTRUCTION 11)07/11 Palo Alto, CA 94301 Applied knegina8on 510 914-0500 Appltedunagfnation510914osoo PROJECT DAS PERMIT RO/EST NO 8040600 NEIGHBORHOOD CONTEXT 1 PHOTOGRAPHIC SIMULATION 2 55 63 A-18.1 DWG OF SHEET ,�Yss� Y �yy4•'.! y'y►�rl y, -dr trf• f' {, +Yh� W j i ,.•x, ,`�\_ t ' - y -� » "'rut t yY' _ ..}Y i '�, �, - y/� ,,� •� k� T � S - � � �'[ iT♦t V • FS I r*Park �� "•'� �°4' � 1 4 �r�� i- r0. � ` �"_ i/ y 4 y�! � [ � .'it���• �;�. �i ,�. �.L. )wRd1's}y_{-�!} ,..Yri T �t � .�•i�., ;��.,r^^���, w7 � ♦�{ r v..y,YaT'+1!v�' IRr- ���iY i3,1 � •;�. f 1}, -1' $ i.t'• � Yi.-fie � .� , r R '1.'y���91,-�� '.�' b,$uw •:y�Y+e +4 .br • J ".`f F S 7 �. � �"�` f •! � i War �3 � . •� %'r'< S ` 'Fd�.`�., �� x �iR�F•1'F �Y, M-�- s s, •.r � i" � � 'r 4�; �,f�����J '�►„�..' 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'� � r yt 6�1� j+��s. ;`fir • 4 ' i proposed equipment ,i II I1 IIIIIII V ii:ni'.1 l:1 a l KII 1Hh1 1 r � � \ S � NEIGHBORHOOD VIEW 1 PHOTOGRAPHIC SIMULATION C❑NST ARC C❑MP GE❑/CO P1 -58 EXCHANGE PLALCAO2 ENGINEER C.YIP TELEPHONE (408) 493-7488 ENGR ARC V0KSDJW7E0 Looking North from Park Blvd. TYPE ❑F C❑NSTRUCTI❑N PROJECT DAS PERMIT R❑/EST N❑ 8040600 2 DWG 61 ❑F 63 SHEET A-20.1 AT&T Mobility • Proposed Distributed Antenna System Palo Alto, California Statement of Hammett & Edison, Inc., Consulting Engineers The firm of Hammett & Edison, Inc., Consulting Engineers, has been retained on behalf of AT&T Mobility, a personal telecommunications carrier, to evaluate its distributed antenna system proposed to be located in various locations in Palo Alto, California, for compliance with appropriate guidelines limiting sound levels from the installation. Executive Summary AT&T proposes to install a number of DAS nodes on power and light poles at various locations in Palo Alto. Noise levels from the equipment mounted on the poles will meet the City's limits on noise emissions. Prevailing Standard The City of Palo Alto sets forth limits on sound levels in Chapter 9.10 (Noise) of its Municipal Code, specifying the following limits on increases in noise levels originating from property in the zones indicated: Originating Land Use Maximum Increase Assessment Location Reference Residential 6 dBA at property line §9.10.030 Commercial/Industrial 8 dBA at property line §9.10.040 Public 15 dBA 25 feet away §9.10.050 The reference "local ambient" level, for evaluating the possible increase, is defined in §9.10.020 to be no less than 40 dBA. Figure 1 attached describes the calculation methodology used to determine applicable noise levels for evaluation against the prevailing standard. General Facility Requirements Wireless telecommunications facilities ("cell sites") typically consist of two distinct parts: the electronic base transceiver stations ("BTS" or "cabinets") that are connected to traditional wired telephone lines, and the antennas that send wireless signals created by the BTS out to be received by individual subscriber units. The BTS are often located outdoors at ground level and are connected to the antennas by coaxial cables. The BTS typically require environmental units to cool the electronics inside. Such cooling is often integrated into the BTS, although external air conditioning may be installed, especially when the BTS are housed within a larger enclosure. Site & Facility Description According to information provided by AT&T, including data from TE Connectivity, dated October 31, 2011, that carrier proposes to install a Flexwave Prism Model FP4-10000001111RU radio cabinet and HAMMETT & EDISON, INC. eaNscrric rcr rrs K6ZM .E W SAN I•RANCISco Page 1 of 2 AT&T Mobility • Proposed Distributed Antenna System Palo Alto, California a FXM-2000 UPS cabinet on the power or light pole below the antennas at each DAS node in Palo Alto, California. Study Results Data provided by TB Connectivity indicates* that the maximum calculated noise levels from this equipment at a distance of 25 feet are as follows: Right Front Left Back 40.0 42.2 40.1 39.5 dBA Adding these levels to the statutory minimum local ambient outdoor level of 40 dBA gives the following results: Right Front Left Back Combined Total 43.0 44.2 43.1 42.8 dBA Noise Increase +3.0 +2.0 +3.0 +3.3 dBA All of the noise increases are well below the City's allowed level, by compliance margins in excess of 10 dBA. Conclusion Based on the information and analysis above, it is the undersigned's professional opinion that the AT&T distributed antenna system nodes proposed to be located at various locations in Palo Alto, California, will comply with that city's standards limiting acoustic noise emission levels. Authorship The undersigned author of this statement is a qualified Professional Engineer, holding California Registration Nos. E-13026 and M-20676, which expire on June 30, 2013. This work has been carried out under his direction, and all statements are true and correct of his own knowledge except, where noted, when data has been supplied by others, which data he believes to be correct. Exp.6-30-2013 November 1, 2011 OF Cp��F * Based on measurements at a distance of 5 feet. HAMMETT & EDISON, INC. CONSULTING ENGINEERS SAN FRANCISCO William F. Hammhe'tt, P.E. 707/996-5200 K6ZM Page 2 of 2 Noise Level Calculation Methodology Most municipalities and other agencies specify noise limits in units of dBA, which is intended to mimic the reduced receptivity of the human ear to Sound Pressure ("Lp") at particularly low or high frequencies. This frequency -sensitive q filter shape, shown in the graph to the right as defined in the International Electrotechnical Commission Standard No. 179, the American National Standards Institute Standard No. 5.1, and various other standards, is also incorporated into most calibrated field test equipment for measuring noise levels. 30 dBA library 40 dBA rural background 50 dBA office space 60 dBA conversation 70 dBA car radio 80 dBA traffic corner 90 dBA lawnmower 10 0 -I0 -20 -30 -40 -50 -60 -70 F -so L. 10 100 1000 10000 Frequency (I-Iz) The dBA units of measure are referenced to a pressure of 20 µPa (micropascals), which is the threshold of normal hearing. Although noise levels vary greatly by location and noise source, representative levels are shown in the box to the left. Manufacturers of many types of equipment, such as air conditioners, generators, and telecommunications devices, often test their products in various configurations to determine the acoustical emissions at certain distances. This data, normally expressed in dBA at a known reference distance, can be used to determine the corresponding sound pressure level at any particular distance, such as at a nearby building or property line. The sound pressure drops as the square of the increase in distance, according to the formula: where Lp is the sound pressure level at distance DP and Lp = LK + 20 log(DK/DP), LK is the known sound pressure level at distance DK. Individual sound pressure levels at a particular point from several different noise sources cannot be combined directly in units of dBA. Rather, the units need to be converted to scalar sound intensity units in order to be added together, then converted back to decibel units, according to the formula: where LT is the total sound pressure level and Li LI, L2, etc are individual sound pressure levels. X10 + 10 X LT = 10 log (10 10 + ...), Certain equipment installations may include the placement of barriers and/or absorptive materials to reduce transmission of noise beyond the site. Noise Reduction Coefficients ("NRC") are published for many different materials, expressed as unitless power factors, with 0 being perfect reflection and 1 being perfect absorption. Unpainted concrete block, for instance, can have an NRC as high as 0.35. However, a barrier's effectiveness depends on its specific configuration, as well as the materials used and their surface treatment. 11 HAMMETT & EDISON, INC. CONSULTING ENGINEERS Methodology H.. . F SAN FRANCISCO Figure 1 Overview IDEO was approached by AT&T Mobility to evaluate the potential for an aesthetic redesign of AT&T's proposed outdoor distributed antenna system to be placed on utility poles in Palo Alto. Due to lack of coverage and capacity for existing service, AT&T requires immediate deployment of Global Systems Mobile ("GSM"), Universal Telephone Mobile Service ("UMTS"), Long -Term Evolution ("LIE") and Multiple - In Multiple -Out ("MIMO") technologies utilizing 700 MHz, 850 MHz and 1900 MHz frequency bands. From initial conversations with AT&T, it was apparent that the design of compact pole - mounted cabinets and antennas that would accommodate the necessary frequencies and technologies, while also providing neutral host capabilities, battery backup, and fiber interconnect, would require extensive electrical and industrial engineering. This level of design may require years to complete and it is uncertain whether such investigation would lead to a more diminutive cabinet or antenna size than existing systems. There is also a real possibility that by the time any meaningful redesign is achieved that the wireless technology requirements will have changed. As a result, IDEO focused on concepts that camouflage existing AT&T technology, without needing extensive engineering re -design. Presented as preliminary concepts, the IDEO proposals are based on existing AT&T equipment requirements but have not been prepared to scale or in any exacting detail. Adding color and form to existing AT&T equipment, the IDEO proposals generally expand the silhouette of the utility equipment to represent aesthetically pleasing shapes. These shapes and forms, however, have not been evaluated with respect to required materials or any additional structural, wind load, heating (and attendant noise) or maintenance requirements. These concepts have not been reviewed with respect to state requirements for utility poles such as General Order 95, which may require specific height, climbing space and utility separation requirements. All of these factors could significantly effect the suggested proposals and will require extensive review prior to the completion of any final designs by AT&T. Based on our conversations with AT&T, it is likely that the time required for the necessary evaluation of these factors may take significant time and may conflict with AT&T requirements to immediately deploy infrastructure to meet current wireless service demands. IDEO for AT&T Bird House Antennas and Mount Remote and Battery I Antennas and Mount Garden F I Remote and Battery I i Park Bench Antennas and Mount Remote nd Battery Underground Antennas and Mount II 11 I 4.1 r r 4. 1I .ip•'•• 4. x jrt�. I�� Remote and Battery N. _t 0 -. I p1 A`V E' E AM20L t� QUAD BAND/ QUAD BAND BATTERY CABINET- ALPHA MMOE at&t ******PROPRIETARY INFORMATION****** NOT FOR USE OR DISCLOSURE OUTSIDE OF ADC TELECOMMUNICATIONS OR THEIR CUSTOMERS MINIMUM DIAMETER OF POLE AT GROUND LEVEL IS EQUAL TO 12.41" MINIMUM DIAMETER OF POLE AT THE 50' LEVEL IS EQUAL TO 7.32" FIBERGLASS EXTENSION IS 5" x 5" sq (FULL LENGTH) OPTICAL NETWORK INTERFACE WILL BE MOUNTED 1' BELOW PHONE/FIBER LINE (21' 10" TO BOTTOM) ALPHA MMOE UPS AND BATTERY BACKUP WILL BE MOUNTED AT 12' 4" OFF THE GROUND PG&E METER IS LOCATED 9' FROM GROUND LEVEL THE TOP OF THE REMOTE PRISM WILL BE MOUNTED AT 20' 9" LEAVING SPACE BELOW FOR CABLE MANAGEMENT (E.G. POWER, FIBER, RF) HEIGHT OF CROSS MEMBER IS 2' BELOW THE TOP OF POLE 4 LENGTH OF EXTENSION WILL BE 6' ABOVE THE TOP OF UTILITY POLE. FIBERGLASS EXTENSION WILL MOUNT CENTER OF UTILITY POLE FOR AESTHETIC PURPOSES EXTENSION WILL BE SECURED AT 3 POINTS FROM THE TOP OF UTILITY POLE QUAD BAND X-POL TRI-SECTOR ANTENNA(s) WILL BE SECURED TO THE UTILITY POLE USING A "STANDOFF MOUNTING BRACKET" NEW HEIGHT OF UTILITY POLE INCLUDING EXTENSION AND ANTENNA WILL BE 52' 3" TELEPHONE AND FIBER LINES LOCATED AT 24' CATV COMMUNICATION LINES LOCATED AT 25' QUAD BAND X-POLTRI-SECTOR ANTENNA (24"H x 16" BASE DIAMETER) • e [I r PG&E PROVIDED METER BASE (18"H x 9.5W x 8"D) IL GROUND BAR (11"Hx4"Wx3/8"D) OPTICAL NETWORK INTERFACE (13"H x 13"W x 3.75"D) K1815KT STANDOFF PIPE MOUNT (36"H x 24"W x 2 3/8" OD) Kathrein Antenna Mount (20"H x 11"W) PRISM REMOTE (52.4"H x 12.15W x 10.125"D) o o ALPHA MMOE OUTDOOR UPS/ BATTERY BACK UP - - - (27"H x 22"W x 18"D) FWP-UPS14000050-1 (WITH 6" STANDOFF BRACKET 2711,22", 24"D) TE I PRISM REMOTE INSTALLATION