Loading...
HomeMy WebLinkAbout2013-08-05 City Council Agenda Packet 8/5/2013 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 CITY COUNCIL Special Meeting Council Chambers August 5, 2013 5:00 PM REVISED * The agenda now includes time estimates for each section or item. These are provided as part of the Council's effort to manage its time at Council meetings. Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public. To ensure participation in a particular item, we suggest arriving at the beginning of the meeting and remaining until the item is called. ROLL CALL CLOSED SESSION Public Comments: Members of the public may speak to the Closed Session item(s); three minutes per speaker. 1. CONFERENCE WITH LABOR NEGOTIATORS 5:00-6:00 PM City Designated Representatives: City Manager and his designees pursuant to Merit System Rules and Regulations (James Keene, Pamela Antil, Lalo Perez, David Ramberg, Joe Saccio, Kathryn Shen, Sandra Blanch, Dania Torres Wong, Val Fong, Marcie Scott, Brenna Rowe, Molly Stump) Employee Organization: Service Employees International Union, (SEIU) Local 521 Authority: Government Code Section 54957.6(a) City Designated Representatives: City Manager and his designees pursuant to Merit System Rules and Regulations (James Keene, Pamela Antil, Lalo Perez, David Ramberg, Joe Saccio, Kathryn Shen, Sandra Blanch, Dania Torres Wong, Val Fong, Marcie Scott, Brenna Rowe, Molly Stump) Unrepresented Employee Group: Management, Professional and Confidential Employees Authority: Government Code Section 54957.6(a) 2 8/5/2013 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. 6:00-6:45 PM 2. CONFERENCE WITH CITY ATTORNEY -- EXISTING LITIGATION Subject: Coalition for Safe and Sensible Zoning v. City of Palo Alto, et al. Santa Clara County Superior Court Subject Authority: Government Code section 54956.9 6:45-7:00 PM 3. CONFERENCE WITH CITY ATTORNEY -- EXISTING LITIGATION Subject: California Capital Insurance Company v. City of Palo Alto, Santa Clara County Superior Court, Case No. 112-CV-218176 Subject Authority: Government Code section 54956.9 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 up to three minutes for concluding remarks after other members of the public have spoken. CITY MANAGER COMMENTS 7:00-7:15 PM ORAL COMMUNICATIONS 7:15-7:30 PM 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 or Oral Communications period to 30 minutes. APPROVAL OF MINUTES 7:30-7:35 PM May 6, 2013 May 13, 2013 May 20, 2013 June 3, 2013 CONSENT CALENDAR 7:35-7:45 PM Items will be voted on in one motion unless removed from the calendar by two Council Members. 4. Approval of Contract Amendment One to Contract S13149754 with Renne Sloan Holtzman Sakai LLP Public Law Group in the amount of $60,000 for a total contract amount of $90,000 and the extension of the contract until June 30, 2014 3 8/5/2013 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. 5. Utilities Advisory Commission Recommendation that Council Approve Changes to the Performance Measures and Strategic Initiatives in the 2011 Utilities Strategic Plan 6. Adoption of Resolution Establishing Fiscal Year 2013-14 Secured and Unsecured Property Tax Levy for the City of Palo Alto’s General Obligation Bond Indebtedness (Measure N) 7. Approval of Resolution Authorizing the City Manager to Submit a Grant Application to, and Accept on Behalf of the City of Palo Alto, a Grant of Funds Made by the County of Santa Clara for the Purpose of Emergency Management, Preparation, and Training 8. Adoption of an Ordinance Adding Chapter 2.06 to Title 2 of the Palo Alto Municipal Code to Restrict the Use of the City Seal and Other City Logos 9. Adoption of an Ordinance Authorizing Electronic Signatures on Documents Used and Accepted by the City of Palo Alto 10. Submittal of Mitchell Park Library and Community Center Bi-Monthly Construction Contract Report 11. Adoption of a Resolution Authorizing the Filing of an Application for Federal Surface Transportation Program (STP) Funding and Committing the Necessary Non-Federal Match and Stating the Assurance to Complete the Project for Street Resurfacing Project 12. Adoption of a Resolution Allowing the Implementation of a One-Year Trial No Overnight Parking (2AM-5AM) Program on Streets within the Crescent Park Neighborhood 13. Adoption of Resolution Authorizing the Filing of an Application for the Federal One Bay Area Grant (OBAG) Funding for the Adobe Creek/ Highway 101 Bridge Project and Committing the Necessary Non- Federal Match and Stating the Assurance to Complete the Project 14. Adoption of a Resolution Authorizing the Filing of an Application for Federal Vehicle Emissions Reductions Based At Schools (VERBS) Funding for the Arastradero Road Schoolscape – Multiuse Trail and Committing the Necessary Non-Federal Match and Stating the Assurance to Complete the Project 4 8/5/2013 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. 15. Approval of a Contract Amendment with Baker & Taylor in the Amount of $390,000 to Purchase Library Materials for the City Library System ACTION ITEMS Include: Public Hearings, Reports of Committees/Commissions, Ordinances and Resolutions, Reports of Officials, Unfinished Business and Council Matters 8:25-8:40 PM 16. Public Hearing: Adoption of a Resolution Confirming Weed Abatement Report and Ordering Cost of Abatement to be a Special Assessment on the Respective Properties Described Therein 8:40-10:45 PM 17. Public Hearing: Approval of Ordinance Adding Section 9.06.010 to the Palo Alto Municipal Code to Prohibit Human Habitation of Vehicles 10:45-11:00 PM COUNCIL MEMBER QUESTIONS, COMMENTS, AND ANNOUNCEMENTS Members of the public may not speak to the item(s). ADJOURNMENT 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 or by the City Clerk, 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. 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. 5 August 5, 2013 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 Council and Standing Committee Meetings Finance Committee Meeting Cancellation 08/06/2013 Infrastructure Committee Meeting 08/06/2013 Special City Council Meeting 08/07/2013 RHMC Meeting Cancellation 08/08/2013 Schedule of Meetings Schedule of Meetings Tentative Agenda Tentative Agenda Informational Report City of Palo Alto Utilities Quarterly Update - 3rd Quarter of Fiscal Year 2013 City of Palo Alto Investment Activity Report for the Fourth Quarter, Fiscal Year 2013 Special Advisory Memorandum - Follow Up to the 2008 Audit of Employee Ethics Policies and the Results of 2013 Ethical Climate Survey Transmittal of the Fiscal Year 2014 Adopted Operating and Capital Budget and Adopted Municipal Fee Schedule Update on “Smart Cities” Partnership with Yangpu District, Shanghai, China Public Letters to Council SET 1 SET 2 City of Palo Alto (ID # 3982) City Council Staff Report Report Type: Consent Calendar Meeting Date: 8/5/2013 City of Palo Alto Page 1 Summary Title: Labor Relations Services Contract Title: Approval of Contract Amendment One to Contract S13149754 with Renne Sloan Holtzman Sakai LLP Public Law Group in the amount of $60,000 for a total contract amount of $90,000 and the extension of the contract until June 30, 2014 From: City Manager Lead Department: Human Resources Recommendation Staff requests approval of the Council to modify two terms of the existing contract with Renne Sloan Holtzman Sakai LLP, the contract length and the contract amount, to allow the firm to continue serving as the City’s Chief Negotiator for a new round of collective bargaining and continue assisting staff on overall bargaining strategy. Motion I move to authorize the City Manager to execute Amendment One to Contract S13149754 with Renne Sloan Holtzman Sakai LLP. This amendment increases the amount of the contract by $60,000 for collective bargaining Chief Negotiator services for a total contract amount not to exceed $90,000. This amendment also extends the contract date from December 31, 2013 to June 30, 2014. Background On April 23, 2013, the City of Palo Alto entered into an Agreement with Renne Sloan Holtzman Sakai LLP to provide labor negotiation services for a focused bargaining process with the Palo Alto Police Managers’ Association (PAPMA). The consultant assigned Dania Torres Wong to be City of Palo Alto Page 2 the project manager and Chief Negotiator to represent the City of Palo Alto during that round of negotiations. The PAPMA and City reached agreement on economic terms which were adopted by City Council on June 24, 2013. Concurrently, Ms. Wong continues to work with City staff to develop an overall bargaining strategy for FY 2014. The City proposes to use Ms. Wong as the Chief Negotiator in a new round of bargaining for the City’s largest labor group represented by SEIU. Discussion The City recently requested informal bids from qualified firms to provide labor negotiation services as Chief Negotiator for a focused bargaining process. The City requested the bidders to describe their expertise in local government bargaining particularly in areas around benefits structure; to be able to meet with the City Council during closed session; and to manage the negotiations through to the end, which may include fact-finding pursuant to AB 646. The firm Renne Sloan Holtzman Sakai LLP was selected based on their qualifications and availability to devote the time and resources necessary to meet the City’s bargaining parameters. While Renne Sloan Holtzman Sakai LLP was not the lowest bidder their expertise and availability made them the best choice for that specific bargaining process. The requested contract extension will allow Renne Sloan Holtzman Sakai LLP to continue to work with the City of Palo Alto through the end of the next bargaining process with the City’s largest bargaining unit. Dania Torres Wong will again serve as the City’s Chief Negotiator. Ms. Wong will also continue working with staff on an overall labor strategy for FY 2014. Previously the City has had a relationship with IEDA under contract to provide bargaining services on a prepaid monthly amount of $5,678. The City has paused the IEDA contract from July to December 2013, saving $34,066. In summary, this amendment will extend the length of the contract with Renne Sloan Holtzman Sakai LLP and increase the amount authorized by $60,000 for a total contract not to exceed $90,000. Resource Impact The contract will be funded through the People Strategy and Operations Department’s FY 2014 Adopted Operating Budget. City of Palo Alto Page 3 Environmental Review Implementation of terms is not a project subject to review under the California Environmental Quality Act (CEQA). Attachments:  Renne Sloan Holtzman Sakai Contract Amendment No 1 (PDF) City of Palo Alto (ID # 3950) City Council Staff Report Report Type: Consent Calendar Meeting Date: 8/5/2013 City of Palo Alto Page 1 Summary Title: Utilities Strategic Plan Modifications Title: Utilities Advisory Commission Recommendation that Council Approve Changes to the Performance Measures and Strategic Initiatives in the 2011 Utilities Strategic Plan From: City Manager Lead Department: Utilities Recommendation Staff and the Utilities Advisory Commission recommend that Council approve changes to the Performance Measures and Strategic Initiatives in the 2011 Utilities Strategic Plan as summarized below (see Attachment A for the complete plan showing the proposed changes). Executive Summary This is the third semi-annual update of the Council-approved Utilities Strategic Plan for the six month period covering July through December 2012. In addition to the six-month update, modifications to the plan are proposed at this time. Based on two years of experience managing with the Strategic Plan, Utilities proposes changes to some of the performance measures and strategic initiatives. In addition, many of the strategic initiatives have been completed and, therefore, are proposed to be removed from the plan. See Attachment C for a complete list of the strategic initiatives and the status of each as of December 2012. The Utilities Strategic Plan uses a Balanced Scorecard concept with four main perspectives— Customer and Community, People and Technology, Internal Business Processes, and Financial— with strategic objectives identified for each. To translate these objectives into plans for action, performance measures were identified for each strategic objective. The Balanced Scorecard Performance Measures Summary (Attachment B) provides a more detailed description of the objectives and performance measures within each of the Four Perspectives. It should be noted that the Four Perspectives are presented in no particular order; they are not arranged in order City of Palo Alto Page 2 of importance and no single item is weighted more heavily than another. Figure 1 summarizes the status of the performance measures for each perspective. Figure 1 Balanced Scorecard Progress Toward Specific Targets (July - December 2012) Performance Measure Status Performance Measure Status System Interruptions Met Interruption Duration Met Service Restoration Not yet met Leak Response Time Met Satisfaction Not yet met Gas Incident Rate Met Competitive Bill Met Gas Safety Awareness To be measured Rate Change Met Infrastructure Backlog To be measured PaloAltoGreen Participation Met Call Wait Time Not yet met Billing Adjustments To be measured Emergency Notification Met Performance Measure Status Program Participant Satisfaction Met Employee Satisfaction Met Competitive Commodity Bids Not yet met Certification & Training Met Unaccounted Gas & Water To be measured IT Service Needs Not yet met Full Value from Redwood Gas Met New Technology Evaluation Met Electric Portfolio Carbon Intensity To be measured Electric Efficiency Achievement To be measured Performance Measure Status High Credit Ratings Met Maintain Reserves Met Fixed Charges Recovered Not yet Met Returns to Community Met Internal Business Process PerspectiveCustomer & Community Perspective Financial Perspective People & Technology Perspective Background On July 18, 2011, the Council approved the 2011 Utilities Strategic Plan (Staff Report #1880). In implementing the Utilities Strategic Plan, staff regularly reviews the performance measures and strategic initiatives and recommends any appropriate updates on an annual basis. In addition, on a semi-annual basis, staff reports progress on implementing the plan to the UAC and Council. This is the third of those semi-annual reports and the first one which requests changes to the performance measures and strategic initiatives. The Balanced Scorecard tracking methodology was chosen to assist in performance measurement and to promote a better understanding of the City of Palo Alto Utilities’ (CPAU’s) strategic business processes. These updates help keep staff on track, but not all measures may have progress to be reported semi-annually either because updated data is not yet available or because the data is more meaningful as an annual measurement. The performance scorecard will evolve over time and respond to changes in the business climate, with potential new measures added and others modified or completely removed. Utilities managers meet on a City of Palo Alto Page 3 regular basis to review the overall Utilities Strategic Plan and evaluate the strategic objectives, performance measures, and targets, and strategic initiatives. From time to time, management will recommend changes to keep the Utilities Strategic Plan aligned with changing environments and priorities. Proposed Changes to 2011 Utilities Strategic Plan Strategic Initiatives Changes:  Under the Customer and Community Perspective: o C2 – Remove “By the end of 2011,” since customer feedback and surveys are an ongoing process. o C3 – Replace “Reassess the design and delivery of the Utilities bill to improve understandability and implement the changes by 2012.” with “Improve the electronic bill presentment, payment functionality, and enhance the utility’s mobile app capabilities.” o C3 – Since it is complete, remove this initiative: “Reassess the gas portfolio laddering purchasing strategy.” o C4 – Replace “June 2012” with “January 2014”.  Under the Internal Business Processes Perspective o BP1 – Remove “by the end of 2011”. o BP5 – Since it is complete, remove this initiative: “Prepare a Utilities Communications Plan by June 2011 that incorporates increased use of neighborhood and business organizations and schools to disseminate program and educational information.” o BP8 – Since it is complete, remove this initiative: “Actively participate in Citywide efforts to improve the procurement process.” o BP9 – Remove “Evaluate and implement opportunities to maximize the value of the Calaveras project in the new electric market framework.” o BP10 – Since it is complete, remove this initiative: “Develop a program to ensure that the strategic plan is pursued and that objectives and initiatives are managed.” City of Palo Alto Page 4 o BP12 – Since it is complete, remove this initiative: “By June 2011, develop implementation plans to achieve the long-term water and energy efficiency goals and implement programs as outlined in the implementation plans.”  Under the People and Technology Perspective o PT1 – Since it is complete, remove this initiative: “Implement an annual survey to determine employee satisfaction levels and establish the baseline satisfaction level for 2011.” o PT4 – Since it is complete, remove this initiative: “Develop a process to evaluate and implement new technology through targeted programs and consider creating a fund for innovative projects and pilots.”  Under the Financial Perspective: o F2 – Since it is complete, replace this initiative—“Re-evaluate the need for and purpose of the Calaveras (stranded cost) Reserve by the end of 2011.”—with a new initiative: “Develop a comprehensive Utilities financial policy by January 2014 to provide direction for future cost of service studies and rate-setting priorities.” Performance Measure Changes:  C2 – Add “Residential and commercial surveys alternate every other year  BP1.2 – Replace “Response time to water and wastewater leaks” with “Response time to all emergency calls”  BP2.1 – Replace “Less than industry (APPA, APGA, AWWA) average with a goal of 0” with “Zero reportable incidents”  BP5 – Replace “Less than 90 minutes” with “Less than 60 minutes”  BP7 – Add “bids for electric power”  BP12 – Strike word “electric”  PT3 – Add “based on Utilities-specific IT strategic plan.” Discussion Four key perspectives are used in the Strategic Plan:  Customer and Community  People and Technology  Finance  Internal Business Processes City of Palo Alto Page 5 Each of the perspectives represents a specific viewpoint and ensures business activities are aligned to the Strategic Plan. The Customer and Community Perspective represents customer satisfaction and delivery of services to stakeholders. People and Technology includes employee training and development as well as keeping pace with technological advancements in the utilities industry. The Finance Perspective focuses on having a strong financial base and delivering cost-effective services. The Internal Business Processes Perspective covers operational goals and outlines the key processes necessary to deliver services to customers. Within the four perspectives, the Utilities Strategic Plan contains 17 strategic initiatives (Attachment C) which are key programs or projects required to achieve one or more objectives and the overall strategic plan. Strategic initiatives aim to significantly change the way we do business, require significant resources to complete, and have a defined timeline. What follows is a summary of performance under each of the four perspectives. CUSTOMER AND COMMUNITY PERSPECTIVE Four categories are measured from this perspective, namely service reliability, customer satisfaction with CPAU’s responsiveness, competitive bills compared to neighboring communities and care for the environment. CPAU thus far has achieved 4 of 6 performance measures in these categories. Performance Measures Service reliability performance measure targets:  an average number of 3 or fewer interruptions per customer per year  an average restoration time after an outage of 90 minutes or less The number of electric system interruptions per average customer of 0.21 is well below the national average of less than three interruptions due to the strength and continuous improvement of the Electric infrastructure. However, the average time to restore service was 108 minutes. CPAU did not meet the national average of less than 90 minutes due to lack of staffing resources and insufficient number of staff experienced in underground system outages. Of the 20 positions assigned to the overhead and underground electric construction crews, we currently have eight vacancies due to challenges in recruiting Lineperson Cable Splicer positions. CPAU is working with Human Resources by posting the positions on external websites and joining workforce consortiums to collaborate on recruiting and retention ideas with other agencies. City of Palo Alto Page 6 Customer satisfaction performance measure target:  to be rated 85% or higher in overall customer satisfaction This target is currently evaluated using a statewide customer satisfaction survey coordinated by the California Municipal Utilities Association (CMUA). Residential customers are surveyed in odd fiscal years (FYs) and businesses are surveyed in even FYs. The surveys compare customer satisfaction measures for customers of municipal utilities in California and of customers of investor-owned utilities (IOUs). CPAU came close to meeting its target of 85% or above, with an overall customer residential satisfaction score of 83% in FY 2013, compared to 65% in FY 2011. During a difficult economic environment CPAU is doing substantially better than many municipal utilities. Customer paying a reasonable bill performance measure targets:  bill is less than the average bills in neighboring communities  rate increases are less than 10% (electric, gas, wastewater) and 20% (water) CPAU met the “reasonable bill” performance target, with the total average residential bill for electric, gas, water and wastewater services in Palo Alto being $173.50, just under the average bill of $175.53 in neighboring jurisdictions (i.e. Menlo Park, Mountain View, Santa Clara and Redwood City). CPAU also met the performance measure of a “less than 10%” rate increase for electric, gas, and wastewater and a “less than 20%” rate increase for water. In FY 2013, CPAU changed its gas rate structure due to a change in gas purchasing strategy from laddering to market based pricing, which reduced residential gas rates significantly due to low market price conditions. Electric rates were not changed. There was a 5% rate increase in wastewater collection services, and water rates increased approximately 15% due primarily to the increased cost of water from the San Francisco Public Utilities Commission (SFPUC) and lower customer water usage. Generally, water rates are higher in Palo Alto due to the fact that CPAU has been making more safety and capital improvement investments in our local water distribution systems and because of the 100% reliance on SFPUC deliveries. CPAU is developing a comprehensive Utilities financial policy which includes rate-setting priorities that could lead to changes in the performance measure on rate increases. PaloAltoGreen performance measure target:  top-ranked nationally in terms of customer participation City of Palo Alto Page 7 For the strategic objective of demonstrating environmental responsibility, CPAU is continuously looking to add sustainable resources to the energy supply portfolios while offering a large portfolio of efficiency programs. The performance measure for this objective is participation in the PaloAltoGreen program, which continues to be recognized as one of the top utility green programs with the highest percentage of customer participation in the nation. Strategic Initiatives Under the Customer and Community Perspective, the Utilities Strategic Plan identified four strategic initiatives. The following provides the status of these initiatives. Two initiatives are ongoing  To establish more mechanisms for eliciting feedback from customers. Due to staffing and resource limitations, CPAU does not anticipate fully implementing mechanisms for immediate feedback for all customer interactions until 2014. In the meantime, we have received positive customer feedback from energy efficiency and water conservation workshops and the backflow prevention device program. CPAU is also redesigning the “My Utilities Account” web portal and “MyCPAU Mobile App” to make it easier for users to give us feedback online.  To redesign the PaloAltoGreen program. The redesign of the PaloAltoGreen program is being done in the context of the plan to achieve a carbon neutral electric supply portfolio. That plan was approved by Council in June 2013 with the redesign of the PaloAltoGreen program to occur by December 2013. One initiative is proposed to be cancelled and replaced:  To reassess the design of the Utilities bill to improve its understandability. This project has been cancelled due to Council’s concerns about the high cost to develop and implement bill design changes. However, incremental changes are being made as needed for individual services including Electric Time-of-Use. CPAU proposed to replace the bill redesign with improving the electronic bill presentment, payment functionality, and enhancing the utility’s mobile app capabilities. To that end, a new strategic initiative is proposed: “Improve the electronic bill presentment, payment functionality, and enhance the utility’s mobile application capabilities.” City of Palo Alto Page 8 One initiative has been partially completed:  To reassess the gas portfolio laddering purchasing strategy and develop a rate change performance measure for gas service. This initiative to reassess the gas laddering purchasing strategy is complete. The gas purchasing strategy was changed to market base pricing effective July 1, 2012. Development of a gas rate change performance measure will be a part of the new Rates Policy, which is being developed. PEOPLE AND TECHNOLOGY PERSPECTIVE CPAU is measuring the attraction and retention of employees, training and development, and implementation and evaluation of technologies. So far, CPAU has reached 3 of 4 performance measures in these categories. Performance Measures Employee attraction and retention performance measure target:  Improvement from 2011 baseline employee satisfaction survey CPAU conducted an employee satisfaction survey in October 2011, generating 135 responses, a 55% participation rate. The survey consisted of ten brief questions addressing career growth, training, recognition, respect, and stress at work. Overall, approximately 63% of CPAU employees were either “very satisfied” or “satisfied” with the work they do at the City. In the second survey conducted in 2012, participation rate dropped from 55% to 34% or 82 employees but overall satisfaction improved from 63% to 66%. In both surveys, the percentage of employees who responded with “neutral” on their overall satisfaction with the work they do at the City was 13%. CPAU will continue to encourage employees and develop alternative methods for employees to participate in the annual survey to improve the participation level and accuracy of the results. Training and development performance measure targets:  100% of Operations personnel have the appropriate certification and training for their assigned work area CPAU is committed to provide training and development for all employees to be able to be successful in their current jobs. The Operations performance measure has been fully met. City of Palo Alto Page 9 Ensuring workgroups have necessary tools and technologies performance measure target:  All employee technology needs are being met based on Utilities-specific IT strategic plan. To operate in an effective manner in the modern municipal environment, CPAU staff requires high-quality information tools to process that information and technical service support and needs them delivered in a timely manner. CPAU’s active participation on the City’s IT strategic planning efforts has resulted in incorporation of certain key Utilities IT issues. The IT Department presented a 3-year IT strategic plan to Council on May 6, 2013. CPAU currently does not have sufficient staffing resources to develop its own Utilities-specific IT strategic plan but continues to work with IT to address our immediate technological needs. Evaluation of new technologies performance measure target:  Evaluate at least three new technologies per year Technologies are advancing rapidly throughout the utility industry in areas such as renewable energy generation, energy and water efficiency and conservation, process streamlining, improved customer service, improved utility operations, and smart grid applications. In addition, since CPAU is in the heart of Silicon Valley, staff regularly discusses and shares insights with many start-up and venture capital funds managers on the viability and markets for their early stage technologies. CPAU launched the Emerging Technologies Pilot and Demonstration Program in the spring of 2012. Staff is accepting applications on a continuous basis with applications being reviewed quarterly. As of the end of 2012, CPAU received seven applications. CPAU has accepted one of these applications with Stanford Bidgely, which will provide itemized energy usage per appliance along with recommendations on how to reduce energy consumption. Strategic Initiatives Under this perspective, the Strategic Plan identified four strategic initiatives. The following gives the status of these initiatives. Two initiatives are underway and ongoing:  To develop a five year department-wide succession plan. In response to recent retirements, the high number of active employees eligible for retirement, and the loss of key employees to other municipalities or to PG&E, CPAU is identifying cross-training and development opportunities to fill potential staffing needs in the organization, including identification of skill set gaps as well as employees who are currently or soon City of Palo Alto Page 10 to be eligible for retirement. Management will continue to identify developmental goals and objectives in the employee annual appraisal process.  To develop a Utilities-specific IT strategic plan. This initiative has been delayed due to a lack of sufficient staffing resources. The Utilities IT strategic plan is also dependent on the IT Department’s 3-year strategic plan which was presented to Council in May 2013. CPAU is working with IT to deploy new mobile applications and is working with the new IT Governance and Planning Manager to prioritize IT-related projects. Two initiatives are successfully completed and are proposed to be removed:  To implement an annual survey to determine employee satisfaction levels and establish the baseline satisfaction level for 2011. CPAU will continue to report the employee satisfaction survey results and participation rate on an annual basis.  To develop a process to evaluate and implement new technology through targeted programs and consider creating a fund for innovative projects and pilots. The Utilities Emerging Technology Demonstration Program was approved by Council in January 2012. FINANCIAL PERSPECTIVE Under this perspective, the performance measures involved maintaining financial strength, designing rate structures that balance costs of service with the promotion of conservation and providing an investment return to the community. CPAU has thus far met all three performance goals under this perspective. Performance Measures High credit rating performance measure targets:  At least AA by Standard and Poor’s  At least Aa3 by Moody’s CPAU exceeded its performance target to have a high credit rating for bond financing. In the recent 2002 Utility Revenue Bonds refinance, CPAU received strong ratings of AAA by S&P and Aa2 by Moody’s which was reflected in the large numbers of bidders and an exceptionally low true interest cost of 2.28%. The refinance resulted in a net present savings of over $3 million. City of Palo Alto Page 11 Keep rate stabilization reserves for all utilities adequate performance measure targets:  Adequate to cover expected costs over a 2 year period  Meet rate stability objectives These targets were met, with all utility reserves projected to meet or exceed the minimum guidelines at the end of FY 2013 and exceed the short-term risk assessment level. CPAU is developing a comprehensive Utilities financial policy which will provide guidelines on establishing reserve levels. General Fund transfer performance measure target  Deliver 100% of the amount calculated by the Council-approved methodology CPAU provides the City of Palo Alto with a return on the City’s original investment in the Utilities in the form of an annual equity transfer to the City’s General Fund. The equity transfer is used by the General Fund to support activities such as Public Safety, Library, and Community Services for Palo Alto residents and businesses. CPAU is expected to meet its performance targets, with the Electric Fund and Gas Fund transferring $11.8 million and $6.0 million respectively to the General Fund in FY 2013, which is 100% of the amount calculated by the Council-adopted equity transfer methodology. Strategic Initiatives There were two strategic initiatives already existing for the financial perspective and CPAU is recommending a new initiative as well. One initiative is partially completed:  To determine the appropriate fixed costs that should be collected by fixed charges versus volumetric charges. Rates consist of fixed charges and volumetric charges, which are based on usage. Fixed charges consist of customer-related costs (i.e. meter reading, billing, operations and maintenance, capital projects) while variable costs include the cost of buying commodities (water, gas, or electricity). Total fixed costs are determined by periodic cost of service studies for each utility. This initiative was recently completed for the gas, water, and wastewater utilities. Council adopted rate changes effective July 1, 2012 for gas, water and wastewater that were consistent with cost of service analysis results CPAU is planning a cost of service study for electric in FY 2014. City of Palo Alto Page 12 One initiative is completed and is proposed to be removed:  To re-evaluate the need for and purpose of the Calaveras Reserve. This was accomplished in November 2011 when Council renamed the reserve the Electric Special Project Reserve and approved new reserve guidelines. One new initiative is proposed:  Develop a comprehensive Utilities financial policy by January 2014 to provide direction for future cost of service studies and rate-setting priorities. Consistent with the City Auditor’s Reserve Audit recommendation, CPAU will establish formal and comprehensive policies and procedures for its Utility Reserves. UTILITIES INTERNAL BUSINESS PROCESS PERSPECTIVE The largest number of performance measure targets fall under this perspective. Six were met, six cannot be updated as yet for the reasons indicated, and two are not yet met. Performance Measures The targets for the following measures were met:  restoring electrical power in less than 60 minutes  responding to leaks in less than 30 minutes  having zero gas incidents  reporting significant outages within 90 minutes  having at least 90% of surveyed customers satisfied with program experiences  capturing 99% of the full capacity value of the Redwood gas pipeline Several of the performance measures were not updated as of the end of 2012 either because survey results or other data were not yet available, or the measure is only meaningful as an annual measurement.  customer awareness of gas safety issues  backlog of infrastructure beyond its useful life  number of billing adjustments  lost and unaccountable volumes of gas and water  carbon intensity of the electric portfolio  energy efficiency achievement City of Palo Alto Page 13 The following performance measure targets have not yet been met:  average phone wait time for customer service – The primary reason CPAU did not meet this target is staffing and training. This is the first year Customer Service instituted a cross rotational task program to be able to better respond in the event there is a shortage of staff in any of its work areas. The Customer Service Representatives and hourly employees were cross trained in all areas of Customer Service, including Credit Collections and Customer Service Specialist areas. There was also a vacancy for an entire year and other personnel leaves which contributed to the increase in average phone wait time.  at least 3 competitive bids for each gas and electric fixed-price purchase transaction – This target, related to controlling commodity costs, was not met. Staff proposes to modify this target to electric only, since gas is now purchased on the spot market only with no fixed-price purchases. For the electric portfolio, although the City has enabling agreements with five eligible counterparties, only three are active. Council recently approved nine new enabling agreements which will expand the pool of eligible counterparties for electric transactions and is expected to increase the competitive bids for market-based transactions. Strategic Initiatives There were seven strategic initiatives for the internal business process perspective. Two initiatives are underway and ongoing:  Develop a plan to complete a new electric transmission interconnection. Staff has met with Stanford and SLAC on a few occasions to discuss the feasibility of a second electric transmission line source. Subsequent discussions will follow.  Pursue gas prepay transactions to leverage the City’s low cost of capital and tax-exempt status to acquire low cost gas supply resources. CPAU is beginning to work with a risk management and the City Attorney’ Office to put structures in place when economic conditions are right for such a transaction. One initiative is proposed to be removed:  Evaluate and implement opportunities to maximize the value of the Calaveras project in the new electric market framework. Staff is proposing to remove this initiative because optimizing the Calaveras Hydroelectric Project is an ongoing task for CPAU. City of Palo Alto Page 14 Four initiatives have been successfully completed and are proposed to be removed:  Prepare a Utilities Communication Plan that incorporates increased use of neighborhood, business organizations and schools to disseminate program and educational information. The Utilities Communication Plan has been drafted and is a working document that is constantly being updated.  Actively participate in citywide efforts to improve the procurement process. The City has rolled out a new procurement card system which should result in higher participation and better internal controls and reporting. The procurement design team is also working with Purchasing to offer training workshops and explore other areas of improvement.  Develop a program to ensure that the strategic plan is pursued and that objectives and initiatives are managed. The Utilities Balanced Scorecard Performance Measure Results has been implemented to track the performance measures in the strategic plan every 6 months.  Develop implementation plans to achieve the long-term water and energy efficiency goals. The ten-year energy efficiency plans and the Urban Water Management Plan were adopted by Council in FY 2011. These plans are required by law to be updated every four years (for gas and electric energy efficiency) or every five years (for the Urban Water Management Plan). Environmental Review The provision of these changes to the Strategic Plan does not constitute a project pursuant to Section 21065 of the California Public Resources Code, thus no environmental review under CEQA is required. Attachments:  Attachment A: 2011 Utilities Strategic Plan with Changes in Redline/Strikeout text (PDF)  Attachment B: Balanced Scorecard Performance Measure Results (PDF)  Attachment C: Utilities Strategic Initiatives Update (PDF) Utilities Strategic Plan – Strategic Objectives ATTACHMENT A 1 Strategic Objective Objective Statement Performance Measure 2015 Target Strategic Initiative Customer and Community Perspective C1. “I receive safe and reliable service.” Customers expect that Utilities services are provided on a continuous basis, without interruption. In addition, customers expect that the Utilities delivery systems are safe and will not harm them or put them in any danger. We will listen to our customers and seek to understand their reliability and safety concerns and implement programs and projects to address them. Average time to restore service per interrupted customer Less than 90 minutes Number of electric system interruptions per year for average customer Ranks in the top quartile nationwide (less than three) C2. “Be responsive to all my utilities- related service needs.” We understand that the customer wants clear, accurate bills with easy methods of payment; access to usage history and enough understanding to efficiently manage usage; to feel quickly and completely “taken care of” when they have concerns, questions or requests and to be communicated with effectively both as individuals and as CPAU’s owners. One of the ways to achieve this is to elicit feedback from customers to help improve service. Customer satisfaction scores on annual surveys for overall value. Residential and commercial surveys alternate every other year. Ranking in the top two utilities statewide By the end of 2011, Establish mechanisms to elicit customer feedback on their satisfaction with all interactions with CPAU. C3. “I expect to pay a reasonable bill” We understand that customers expect their bills to be comparable to those in surrounding communities and do not expect to pay more than PG&E customers. Customers believe it is reasonable to pay slightly more in exchange for increased reliability, safety and protection of the environment. However, customers’ overall bills for Utilities services must remain reasonable and be reasonably stable and should not increase significantly in any one year. Customers also want their bills to provide useful information about their consumption of resources in addition to the rate so that they can understand how they The average combined residential customer bill for electricity, water, gas, and wastewater services Less than the average of bills for comparable services in nearby communities (MP, MV, SC, Hayward, RC, Roseville, and Alameda). Reassess the design and delivery of the Utilities bill to improve understandability and implement the changes by 2012. Improve the electronic bill presentment, Utilities Strategic Plan – Strategic Objectives ATTACHMENT A 2 Strategic Objective Objective Statement Performance Measure 2015 Target Strategic Initiative can influence their total cost for Utilities services. For natural gas service, Palo Alto’s supply cost has been relatively stable due to a laddered gas portfolio purchasing strategy; however, this strategy needs to be re-evaluated as gas prices are currently low and are projected to stay low for the foreseeable future. Although, the average bill for all services should be comparable to those in surrounding communities, staff will continue to monitor and report the bills for each service separately on a quarterly basis. Annual rate change Maximum of 10% per year for electric and wastewater services. Maximum of 20% per year for water service. payment functionality and enhance the utility’s mobile app capabilities. Reassess the gas portfolio laddering purchasing strategy (GULP initiative) and develop a rate change performance measure for gas service. C4. “Care for our environment” Our community wants its customer-owned utility to offer choices for them to manage their resource use in ways that reflect their environmental values. Utilities will improve existing programs and develop new programs to meet customer needs and allow customers to manage their own environmental footprint. Percentage of customers participating in the PaloAltoGreen program Top rank nationally Redesign the PaloAltoGreen program by June 2012 January 2014 (LEAP task). Internal Business Process Perspective Safety and Reliability BP1. Ensure a reliable supply of utility resources We will implement strategies that ensure the reliable supply of utility resources to meet present and future needs. To provide opportunities for economic development within Palo Alto, we must provide sufficient resources that meet the short and long-term needs of our customers. To achieve this we will maintain the utility system components, and provide for adequate utility resource supplies to our current and future customers. We will also develop new management practices and organizational structure to ensure compliance with regulatory requirements. Duration of electric system interruption per year for average customer Ranks in the top quartile nationwide (less than 60 minutes per customer) Develop a plan to complete a new electric transmission interconnection by the end of 2011. Response time to water and wastewater leaks Response time to all emergency calls Under 30 minutes BP2. Operate the utility systems safely We will continue to ensure the safety of our customers, employees and the community by the ongoing implementation of a safety programs. Protecting customers and employees from injury and AGA (American Gas Association) Incidence Rate Less than industry (APPA, APGA, AWWA) Utilities Strategic Plan – Strategic Objectives ATTACHMENT A 3 Strategic Objective Objective Statement Performance Measure 2015 Target Strategic Initiative customer’s property from damage is essential for delivering quality utility services to our customers. The safety programs will be implemented by updating safety procedures, educating customers via outreach materials and workshops, correcting system deficiencies, operating in accordance with existing safety rules, and ensuring that products delivered to customers are safe. average with a goal of 0 Zero reportable incidents Customer awareness of gas safety issues 90% of customers responding to annual gas customer safety awareness survey BP3. Replace infrastructure before the end of its useful life We will continue to implement a long-term strategy for replacing infrastructure before the end of its useful life. Reliable delivery of electric service to our customers is critical for the success of business and the quality of life for our residents. To accomplish this, we will focus on reducing the backlog and replaces infrastructure systems in a manner that spreads the expense across multiple years resulting in program with even expenditures patterns in future years. Backlog of infrastructure elements whose age is beyond its useful life. Zero Customer Service Excellence BP4. Serve customers promptly and completely We will provide customers with the highly responsive service they desire. We will do this by reviewing and improving our processes for managing accounts, handling payments, resolving billing issues, responding to information and field service requests and notifying customers during service disruptions. We will identify ways to streamline these processes and implement changes. Specifically, we will review, document and improve business processes that have been identified as having long customer response times. Average phone wait time Less than 90 seconds Number of billing adjustments 10% reduction from number in 2009. Utilities Strategic Plan – Strategic Objectives ATTACHMENT A 4 Strategic Objective Objective Statement Performance Measure 2015 Target Strategic Initiative BP5. Communic ate clearly and pro-actively with all our stakeholders We will proactively communicate with all our stakeholders, including all customer groups, civic leaders, community groups and the press. To achieve this objective we will provide the information needed for our stakeholders to effectively access, understand and utilize all utilities services and programs. In addition, we will design communication vehicles and dissemination processes that will enable our residents to be educated owners of their municipal utilities system. For example, Palo Alto’s gas rate stability is something customers should be educated about as it differentiates CPAU from PG&E. Time until informing the public and local media of a disruption affecting at least 500 customers or any sensitive major customers Less than 90 60 minutes after becoming aware of a disruption Prepare a Utilities Communications Plan by June 2011 that incorporates increased use of neighborhood and business organizations and schools to disseminate program and educational information. BP6. Offer programs to meet the needs of customers and the community We will assist customers to lower their cost of utilities services and support the environment. We will assist customers facing economic hardship by offering bill payment assistance programs. We will educate customers on the reasons for and their means of compliance with our safety and regulatory requirements. We will also identify all customer groups, identify any gaps in service provision to those customers, and propose new programs or changes to existing programs to close those gaps. Participant* satisfaction with Utilities programs (*rebate recipients, workshop attendees, callers, etc.) At least 90% of program participants satisfied with their experience Reduce Costs BP7. Negotiate supply contracts to minimize financial risk We will continue to negotiate supply contracts to acquire supply resources while managing supply portfolio cost uncertainty to meet rate and reserve objectives and following sound risk management practices. To ensure that we are buying commodities at as competitive prices as possible, we will negotiate contracts with new counterparties to continue to have a sufficient set of credit-worthy trading partners. We will continue to develop long-term acquisition policies and plans (LEAP and GULP) and update those plans at least every three years. We will also determine all that is necessary to execute a gas prepay transaction as that is one clear way to lower the cost of gas supply resources. Number of competitive bids received for each fixed-price transaction. Minimum of three bids for electric power Pursue gas prepay transactions to leverage the City’s low cost of capital and tax-exempt status to acquire lower cost gas supply resources (GULP Strategy). Utilities Strategic Plan – Strategic Objectives ATTACHMENT A 5 Strategic Objective Objective Statement Performance Measure 2015 Target Strategic Initiative BP8. Reduce cost of delivering service through best management practices We will reduce the cost of delivering service to customers. We will identify opportunities to better coordinate between Utilities and other City departments to improve efficient delivery of services. We will perform benchmarking studies to identify potential modifications to procedures, practices, materials, and plans and to ensure that we are following best practices. One best practice is to increase calibration and replacement schedules for gas and water meters since the meters slow over time causing actual usage to be under-recorded, resulting in lost revenue. “lost and unaccounted for” volumes of gas and water 80% of 2009 levels. Actively participate in Citywide efforts to improve the procurement process. BP9. Maximize value of existing generation assets Palo Alto owns significant supply resource assets including a portion of the Calaveras Hydroelectric Project, a contract with the Western Area Power Administration, a permanent allocation of water from the regional water system managed by San Francisco, and allocated capacity on a gas transportation pipeline. We will seek out both daily and operational and long-term opportunities to optimize the value of these assets to enhance revenue and/or to reduce costs. We will work with joint-owners of our resource assets to leverage those resources and advocate to maintain or improve the value of existing resources into the future (LEAP and GULP strategies). Value harvested from Redwood gas pipeline capacity 100% Evaluate and implement opportunities to maximize the value of the Calaveras project in the new electric market framework. BP10. Manage implementation of strategic plan Completing the strategic plan is only the beginning of getting value from the strategic planning process. Ongoing management of the strategies and initiatives and reporting on progress of those initiatives is essential to achieving positive results from the strategy. We will report to the UAC and Council on this plan’s progress twice annually and we will review and revise the objectives and develop new initiatives on an annual basis. Number of strategic initiatives completed 100% Develop a program to ensure that the strategic plan is pursued and that objectives and initiatives are managed. Utilities Strategic Plan – Strategic Objectives ATTACHMENT A 6 Strategic Objective Objective Statement Performance Measure 2015 Target Strategic Initiative Environmental Sustainability BP11. Increase the environmental sustainability of all Utilities activities Adding sustainable resources to the supply portfolios will help the City meet its Climate Protection Plan goals by reducing the carbon footprint of the utility services provided to our customers. We will achieve this by acquiring renewable resources and promoting the development of local renewable resources within the rate objectives in the Long-term Electric Acquisition Plan (LEAP). Sustainable practices will be pursued not just for the supply portfolios, but across all the Utilities day-to-day operations. Carbon intensity of the electric portfolio 80% of baseline (2005) level BP12. Promote efficient use of resources Resource efficiency programs meet our customers’ desire for environmental solutions that save money as well as contributing towards the Climate Protection Plan goals. We will promote resource efficiency by dedicating the tactical staffing and budgetary resources necessary to reach maximum deployment of economically feasible resource efficiency. We will revise and document our long-term efficiency strategies by updating our 10-year Energy Efficiency goals every three years and updating our water efficiency goals every five years in the Urban Water Management Plan. To maximize the savings potential for new development, coordinate with the City’s Economic Development Manager to ensure that new developments incorporate energy saving features in the design phase. Actual electric energy efficiency achievement At least as high as goals set in May 2010 By June 2011, develop implementation plans to achieve the long- term water and energy efficiency goals and implement programs as outlined in the implementation plans. Actual gas energy efficiency achievement At least as high as goals set in January 2011 People and Technology Perspective PT1. Be an attractive place to work We will create a positive values-based work environment which attracts and retains qualified staff. To achieve this objective we will try to better understand employees desires and incentives, and will articulate our values both internally and as we recruit. Employee satisfaction rating Improvement from baseline level Implement an annual survey to determine employee satisfaction levels and establish the baseline satisfaction level for 2011. Utilities Strategic Plan – Strategic Objectives ATTACHMENT A 7 Strategic Objective Objective Statement Performance Measure 2015 Target Strategic Initiative PT2. Obtain, develop and train employees to ensure an adequate and qualified workforce A properly sized, trained and certified workforce is essential to our effectiveness. We will identify skill and staffing gaps at the individual and organizational levels and seek to fill those gaps through the effective use of opportunities including hiring, mentorship programs, role rotations, knowledge transfer opportunities, long-term developmental assignments and both internal and external training opportunities. We will plan for workforce succession and provide cross-training opportunities for employees to improve employee satisfaction and build a more robust work force. Percentage of operations personnel that has appropriate certification and training required for working in all areas they may be assigned 100% Develop a 5-year succession plan for each division. PT3. Ensure employees have adequate tools to perform job duties As major users of technology assets, we must have access to quality and timely delivered IT services. We must build and maintain an effective relationship with the City’s IT division that includes clear, frequent communication as well as productive coordination. We will collaborate with IT to identify barriers to providing support for technology projects and remove them. In those instances in which our immediate technology needs cannot be addressed by the City’s IT division in a timely or sufficiently-comprehensive fashion, we will utilize external expertise. Technology needs being met based on Utilities- specific IT strategic plan 100% for all Utilities work groups Develop a Utilities- specific IT strategic plan. PT4. Investigate and adopt innovative technologies Our customers value Utilities embracing new technologies that will help reduce costs and/or meet Climate Protection Plan goals. We will innovate by researching technologies and cultivating relationships with entrepreneurs and academics to identify new cost-effective and environmentally sustainable technologies to consider adopting. The smart grid strategic plan will be complete by the end of FY 2012 and New technologies, programs, and projects identified in the smart grid strategic plan will be implemented. Number of new technologies evaluated per year by an in-depth study or pilot project Three Develop a process to evaluate and implement new technology through targeted programs and consider creating a fund for innovative projects and pilots. Utilities Strategic Plan – Strategic Objectives ATTACHMENT A 8 Strategic Objective Objective Statement Performance Measure 2015 Target Strategic Initiative Financial Perspective F1. Maintain financial strength Maintaining a high credit rating reduces the cost of borrowing if needed for capital projects. We will continue best practices for financial management, adhere to energy risk management policies and guidelines to minimize financial risk, and maintain sufficient reserves to cover debt obligations as required to retain CPAU’s current favorable bond rating so that the cost of capital is low for any bond funded capital projects. Credit rating At least AA as determined by Fitch Ratings or Standard and Poor’s or at least Aa3 as determined by Moody’s F2. Maintain adequate reserves Maintaining adequate cash reserves contributes to maintaining our overall financial health and retaining our current favorable bond rating. We will maintain Rate Stabilization Reserves levels within Council-approved guidelines and sufficient to provide rate stability as desired by ratepayers. During the annual budget and rate setting process, the risks that each Utilities fund is exposed to will be identified along with the trajectory of costs and revenues to allow Council to determine appropriate reserve levels and rate adjustments. Rate Stabilization Reserve levels Adequate to cover cost uncertainties over a two-year period while meeting rate stability objective Re-evaluate the need for and purpose of the Calaveras (stranded cost) Reserve by the end of 2011. Develop a comprehensive Utilities financial policy by January 2014 to provide direction for future cost of service studies and rate-setting priorities. Utilities Strategic Plan – Strategic Objectives ATTACHMENT A 9 Strategic Objective Objective Statement Performance Measure 2015 Target Strategic Initiative F3. Implement rate structures that balance cost of service and resource conservation Retail rates should be designed so that the revenues from a customer group match the cost to serve those customers. Rates consist of fixed charges and volumetric charges, which are based on usage. Fixed costs consist of customer-related costs (meter reading, billing, etc.) and costs related to capital projects and operations while variable costs include the cost of buying supplies (water, gas, or electricity). When fixed costs are recovered through charges based on usage, costs will not be recovered if customers reduce usage more than projected. To address this problem we will examine alternate rate structures that strike a balance between the two competing objectives (cost of service and resource efficiency) to ensure that certain fixed costs are recovered with a fixed charge, but other costs are recovered with charges that vary depending on usage (volumetric charges). By the end of 2011, evaluate the appropriate fraction of fixed costs that should be collected by fixed charges versus volumetric charges. F4. Provide a fair return to the City CPAU provides an equity transfer to the City of Palo Alto’s General Fund which provides a return on the City’s original investment in the Utilities and reflects the City’s ultimate responsibility for Utilities operations. Council approved the current equity transfer method in May 2009. The equity transfer is used by the General Fund as determined by the City Council and supports activities such as fire, police and library services to the City residents and businesses. This benefit, along with favorable rates and utility services, is a key value provided to the community from municipal ownership of Utilities. Equity transfer to the City’s General Fund 100% of the transfer as calculated by the Council-approved equity transfer methodology and permitted by law. 10 Balanced Scorecard Performance Measure Results Attachment - B Strategic Objective Measure ID Objective Statement Performance Measure 2015 Target Measure Goal Value FY 2010 FY 2011 FY 2012 Jul - Dec 2012 Score (Values: +, -, TBD) C1. “I receive safe and reliable service.” C1.1 Customers expect that Utilities services are provided on a continuous basis, without interruption. In addition, customers expect that the Utilities delivery systems are safe and will not harm them or put them in any danger. We will listen to our customers and seek to understand their reliability and safety concerns and implement programs and projects to address them. Average time to restore service per interrupted customer Less than 90 minutes <90 132 min 161 min 113 min 108 min - C1.2 Number of electric system interruptions per year for average customer Ranks in the top quartile nationwide (less than 3) <3 2.2 2.1 0.13 0.21 + C2. “Be responsive to all my utilities-related service needs.” C2 We understand that the customer wants clear, accurate bills with easy methods of payment; access to usage history and enough understanding to efficiently manage usage; to feel quickly and completely “taken care of” when they have concerns, questions or requests and to be communicated with effectively both as individuals and as CPAU’s owners. One of the ways to achieve this is to elicit feedback from customers to help improve service. Customer satisfaction scores on annual surveys for overall value. Ranking in 85-90% >85% 78% Commercial 65% Residential 81% Commercial 83% Residential - C3. “I expect to pay a reasonable bill” C3.1 We understand that customers expect their bills to be comparable to those in surrounding communities and do not expect to pay more than PG&E customers. Customers believe it is reasonable to pay slightly more in exchange for increased reliability, safety and protection of the environment. However, customers’ overall bills for Utilities services must remain reasonable and should not increase significantly in any one year. Customers also want their bills to provide useful information about their consumption of resources in addition to the rate so that they can understand how they can influence their total cost for Utilities services. The average combined residential customer bill for electricity, water, gas, and wastewater services. Less than the average of bills for comparable services in nearby communities (MP, MV, SC, Hayward, RC, Roseville, and Alameda). E - $51.39 G - $35.30 W - $45.34 WW - $43.50 Tot - $175.53 E - $42.76 G - $55.19 W - $43.89 WW - $24.65 Tot - $166.49 E - $42.76 G - $55.19 W - $43.89 WW - $27.91 Tot - $169.75 E - $42.76 G - $55.19 W - $53.62 WW - $27.91 Tot - $179.48 E - $42.76 G - $37.16 W - $62.14 WW - $29.31 Tot - $171.37 + C3.2 Annual rate change Maximum of 10% per year for electric, gas, and wastewater Utilities service. Maximum of 20% per year for water Utility service. <10% for E, G, WWC <20% for W E +10% G -10% W +5% WW +5% E 0% G 0% W 0% WW 0% E 0% G 0% W 12.5% WW 0% E 0% G -10%* W 15% WW 5% + C4. “Care for our environment” C4 Our community wants its customer-owned utility to offer choices for them to manage their resource use in ways that reflect their environmental values. Utilities will improve existing programs and develop new programs to meet customer needs and allow customers to manage their own environmental footprint. Percentage of customers participating in the PaloAltoGreen program Top rank nationally Top rank nationally 22% 21% 24% 20%+ Customer and Community Perspective 1 Balanced Scorecard Performance Measure Results Attachment - B Strategic Objective Measure ID Objective Statement Performance Measure 2015 Target Measure Goal Value FY 2010 FY 2011 FY 2012 Jul - Dec 2012 Score (Values: +, -, TBD) BP1. Ensure a reliable supply of utility resources BP1.1 We will implement strategies that ensure the reliable supply of utility resources to meet present and future needs. To provide opportunities for economic development within Palo Alto, we must provide sufficient resources that meet the short and long- term needs of our customers. To achieve this we will maintain the utility system components, and provide for adequate utility resource supplies to our current and future customers. We will also develop new management practices and organizational structure to ensure compliance with regulatory requirements. Duration of electric system interruption per year for average customer Ranks in the top quartile nationwide (less than 60 minutes per customer) <60 52 min 66 min 15 min 23 min + BP1.2 Response time to water and wastewater leaks Response time to all emergency calls Under 30 minutes <30m 31 min 27 min 22 min 25 min + BP2. Operate the utility systems safely BP2.1 We will continue to ensure the safety of our customers, employees and the community by the ongoing implementation of a safety programs. Protecting customers and employees from injury and customer’s property from damage is essential for delivering quality utility services to our customers. The safety programs will be implemented by updating safety procedures, educating customers via outreach materials and workshops, correcting system deficiencies, operating in accordance with existing safety rules, and ensuring that products delivered to customers are safe. AGA (American Gas Association) Incidence Rate Less than industry (APPA, APGA, AWWA) average with a goal of 0 Zero reportable incidents 0 0 100+ BP2.2 Customer awareness of gas safety issues 90% of customers responding to annual gas customer safety awareness survey >90% 97.70% 97.50% 96.70% TBD - Annual Measure TBD BP3. Replace infrastructure before the end of its useful life BP3 We will continue to implement a long-term strategy for replacing infrastructure before the end of its useful life. Reliable delivery of electric service to our customers is critical for the success of business and the quality of life for our residents. To accomplish this, we will focus on reducing the backlog and replaces infrastructure systems in a manner that spreads the expense across multiple years resulting in program with even expenditures patterns in future years. Backlog of infrastructure elements whose age is beyond its useful life Zero E - $0 G - $0 W - $0 WWC - $0 NA E - $6M G - $12M W - $3.1M WW - $8.5M E - $7M G - $1M W - $3M WW - $5M TBD - Annual Measure TBD BP4. Serve customers promptly and completely BP4.1 We will provide customers with the highly responsive service they desire. We will do this by reviewing and improving our processes for managing accounts, handling payments, resolving billing issues, responding to information and field service requests and notifying customers during service disruptions. We will identify ways to streamline these processes and implement changes. Specifically, we will review, document and improve business processes that have been identified as having long customer response times. Average phone wait time 90 seconds or less <90 sec 70 sec 90 sec 134 sec 101 sec - BP4.2 Number of billing adjustments 10% reduction from number in 2009 FY09 - 3286 90% - 2,958 2,313 909 843 TBD - Annual Measure TBD Internal Business Process Perspective Safety and Reliability Customer Service Excellence 2 Balanced Scorecard Performance Measure Results Attachment - B Strategic Objective Measure ID Objective Statement Performance Measure 2015 Target Measure Goal Value FY 2010 FY 2011 FY 2012 Jul - Dec 2012 Score (Values: +, -, TBD) BP5. Communicate clearly and pro- actively with all our stakeholders BP5 We will proactively communicate with all our stakeholders, including all customer groups, civic leaders, community groups and the press. To achieve this objective we will provide the information needed for our stakeholders to effectively access, understand and utilize all utilities services and programs. In addition, we will design communication vehicles and dissemination processes that will enable our residents to be educated owners of their municipal utilities system. Time until informing the public and local media of a disruption affecting at least 500 customers or any sensitive major customers Less than 90 60 minutes after becoming aware of a disruption <90m <60m < 90 min < 90 min < 90 min < 30 min + BP6. Offer programs to meet the needs of customers and the community BP6 We will assist customers to lower their cost of utilities services and support the environment. We will assist customers facing economic hardship by offering bill payment assistance programs. We will educate customers on the reasons for and their means of compliance with our safety and regulatory requirements. We will also identify all customer groups, identify any gaps in service provision to those customers, and propose new programs or changes to existing programs to close those gaps. Participant* satisfaction with Utilities programs (*rebate recipients, workshop attendees, callers, etc.) At least 90% of program participants satisfied with their experience >90% N/A 95% Average of all workshops: 94% Average of all workshops: 93%+ BP7. Negotiate supply contracts to minimize financial risk BP7 We will continue to negotiate supply contracts to acquire supply resources while managing supply portfolio cost uncertainty to meet rate and reserve objectives and following sound risk management practices. To ensure that we are buying commodities at as competitive prices as possible, we will negotiate contracts with new counterparties to continue to have a sufficient set of credit-worthy trading partners. We will continue to develop long-term acquisition policies and plans (LEAP and GULP) and update those plans at least every three years. We will also determine all that is necessary to execute a gas prepay transaction as that is one clear way to lower the cost of gas supply resources. Number of competitive bids received for each fixed-price transaction. Minimum of three electric bids > 3 E - 3.0 bids G - 2.7 bids E - 2.5 bids G - 1.9 bids E - 2.75 bids G - N/A (market based pricing) E - 1.9 bids G - N/A (market based pricing)- BP8. Reduce cost of delivering service through best management practices BP8 We will work towards reducing the cost of delivering service to customers. We will identify opportunities to better coordinate between Utilities and other City departments to improve efficient delivery of services. We will perform benchmarking studies to identify potential modifications to procedures, practices, materials, and plans and to ensure that we are following best practices. One best practice is to increase calibration and replacement schedules for gas and water meters since the meters slow over time so that the actual usage is under-recorded, resulting in lost revenue. “lost and unaccounted for” volumes of gas and water 80% of 2009 levels. 2009 G - 2.6% W - 5.0% G - 3.2% W - 7.6% G - 2.9% W - 8.2% G - 2.8% W - 8.2% TBD - Annual Measure TBD BP9. Maximize value of existing generation assets BP9 Palo Alto owns significant supply resource assets including a portion of the Calaveras Hydroelectric Project, a contract with the Western Area Power Administration, a permanent allocation of water from the regional water system managed by San Francisco, and allocated capacity on a gas transportation pipeline. We will seek out both daily and operational and long-term opportunities to optimize the value of these assets to enhance revenue and/or to reduce costs. We will work with joint-owners of our resource assets to leverage those resources and advocate to maintain or improve the value of existing resources into the future (LEAP and GULP strategies). Value harvested from Redwood gas pipeline capacity 100% 100% 97% 99% 99% 100%+ BP10. Manage implementation of strategic plan BP10 Completing the strategic plan is only the beginning of getting value from the strategic planning process. Ongoing management of the strategies and initiatives and reporting on progress of those initiatives is essential to achieving positive results from the strategy. We will report to the UAC and Council on plan progress twice annually and we will review and revise the objectives and develop new initiatives on an annual basis. Number of strategic initiatives completed 100% 100% N/A 3 initiatives 18% 7 initiatives 41% 8 initiatives 47%+ Reduce Costs 3 Balanced Scorecard Performance Measure Results Attachment - B Strategic Objective Measure ID Objective Statement Performance Measure 2015 Target Measure Goal Value FY 2010 FY 2011 FY 2012 Jul - Dec 2012 Score (Values: +, -, TBD) BP11. Increase the environmental sustainability of the supply portfolios BP11 Adding sustainable resources to the supply portfolios will help the City meet its Climate Protection Plan goals by reducing the carbon footprint of the utility services provided to our customers. We will achieve this by acquiring renewable resources and promoting the development of local renewable resources within the rate objectives in the Long-term Electric Acquisition Plan (LEAP). Carbon intensity of the electric portfolio 80% of baseline (2005) level (320.9) 256.7 331.9 159.8 182.1 TBD - Annual Measure TBD BP12. Promote efficient use of resources BP12 Resource efficiency programs meet our customers’ desire for environmental solutions that save money as well as contributing towards the Climate Protection Plan goals. We will promote resource efficiency by dedicating the tactical staffing and budgetary resources necessary to reach maximum deployment of economically feasible resource efficiency. We will revise and document our long-term efficiency strategies by updating our 10-year Energy Efficiency goals every three years and updating our water efficiency goals every five years in the Urban Water Management Plan. Actual electric energy efficiency achievement At least as high as goals set in May 2010 At least as high as goals set in January 2011 E - 0.72% G - 0.55% E - 0.47% G - 0.28% E - 0.55% G - 0.40% E - 1.52% G - 0.73% TBD - Annual Measure TBD 4 4 Balanced Scorecard Performance Measure Results Attachment - B Strategic Objective Measure ID Objective Statement Performance Measure 2015 Target Measure Goal Value FY 2010 FY 2011 FY 2012 Jul - Dec 2012 Score (Values: +, -, TBD) PT1. Be an attractive place to work PT1 We will create a positive values-based work environment which attracts and retains qualified staff. To achieve this objective we will try to better understand employees desires, work with City management to establish sufficient compensation, benefits, and incentives, and will articulate our values both internally and as we recruit. Employee satisfaction rating Improvement from 2012 basline level of 62.7% 100% N/A N/A 62.7% - Satisfied 12.7% - Neutral 66.3% - Satisfied 12.5% - Neutral + PT2. Develop and train employees to ensure a qualified workforce PT2 A properly trained and certified workforce is essential to our effectiveness. We will identify skill gaps at the individual and organizational levels and seek to fill those gaps through the effective use of opportunities including mentorship programs, role rotations, knowledge transfer opportunities and both internal and external training opportunities. We will plan for workforce succession and provide cross-training opportunities for employees to improve employee satisfaction and build a more robust work force Percentage of operations personnel that has appropriate certification and training required for working in all areas they may be assigned 100% 100% 100% 100% 100% 100%+ PT3. Ensure employees have adequate tools to perform job duties PT3 As major users of technology assets, we must have access to quality and timely delivered IT services. We must build and maintain an effective relationship with the City’s IT division that includes clear, frequent communication as well as productive coordination. We will collaborate with IT to identify barriers to providing support for technology projects and remove them. In those instances in which our immediate technology needs cannot be addressed by the City’s IT division in a timely or sufficiently-comprehensive fashion, we will utilize external expertise. Technology needs being met based on Utilities-specific IT strategic plan 100% for all Utilities work groups 100% N/A N/A N/A N/A TBD PT4. Investigate and adopt innovative technologies PT4 Our customers value Utilities embracing new technologies that will help reduce costs and/or meet Climate Protection Plan goals. We will innovate by researching technologies and cultivating relationships with entrepreneurs and academics to identify new cost-effective and environmentally sustainable technologies to consider adopting. New technologies, programs, and projects identified in the smart grid strategic plan will be implemented. Number of new technologies evaluated per year Three >3 N/A N/A N/A 7 + People and Technology Perspective 5 Balanced Scorecard Performance Measure Results Attachment - B Strategic Objective Measure ID Objective Statement Performance Measure 2015 Target Measure Goal Value FY 2010 FY 2011 FY 2012 Jul - Dec 2012 Score (Values: +, -, TBD) F1. Maintain financial strength F1 Maintaining a high credit rating reduces the cost of borrowing if needed for capital projects. We will continue best practices for financial management, adhere to energy risk management policies and guidelines and maintain sufficient reserves to cover debt obligations as required to retain CPAU’s current favorable bond rating so that the cost of capital is low for any bond funded capital projects. Credit rating At least AA as determined by Fitch Ratings or Standard and Poor’s or at least Aa3 as determined by Moody’s <=AA or <=Aa3 S&P = AAA Moody's = Aa3 S&P = AAA Moody's = Aa2 S&P = AAA Moody's = Aa2 S&P = AAA Moody's = Aa2 + F2. Maintain adequate reserves F2 Maintaining adequate cash reserves contributes to maintaining our overall financial health and retaining our current favorable bond rating. We will maintain Rate Stabilization Reserves levels within Council-approved guidelines and sufficient to provide rate stability as desired by ratepayers. During the annual budget and rate setting process, the risks that each Utilities fund is exposed to will be identified along with the trajectory of costs and revenues to allow Council to determine appropriate reserve levels and rate adjustments. Rate Stabilization Reserve levels Adequate to cover expected costs over a two-year period while meeting rate stability objective Above rate stabilization reserve levels All RSRs wre above mininum guideline levels. All RSRs wre above mininum guideline levels. All RSRs wre above mininum guideline levels. All RSRs are above mininum guideline levels.+ F3. Implement rate structures that balance cost of service and resource conservation F3 Retail rates should be designed so that the revenues from a customer group match the cost to serve those customers. Rates consist of fixed charges and volumetric charges, which are based on usage. Fixed costs consist of customer-related costs (meter reading, billing, etc.) and costs related to capital projects and operations while variable costs include the cost of buying supplies (water, gas, or electricity). When fixed costs are recovered through charges based on usage, costs will not be recovered if customers reduce usage more than projected. To address this problem we will implement rate structures that strike a balance between the two competing objectives (cost of service and resource efficiency) to ensure that certain fixed costs are recovered with a fixed charge, but other costs are recovered with charges that vary depending on usage (volumetric charges).Fixed charges on Utilities rates By 2013, adequate to cover 100% of the fixed costs of meter reading, billing, and other customer-related costs E - 100% G - 100% W - 100% WWC - 100% N/A E - NA G - NA W - 50% WWC - 100% E - NA G - 100% W - 100% WWC - 100% E -NA G - 100% W - 100% WWC - 100%- F4. Provide a fair return to the City F4 CPAU provides an equity transfer to the City of Palo Alto's General Fund which provides a return on the City's original investment in the Utilities and reflects the City's ultimate responsibility for Utilities operations. Council approved the current equity transfer method in May 2009. The equity transfer is used by the General Fund as determined by the City Council and supports activities such as fire, police and library services to the City residents and businesses. This benefit, along with favorable rates and utility services, is a key value provided to the community from municipal ownership of Utilities. Equity transfer to the City's General Fund 100% of the transfer as calculated by the Council-approved equity transfer methodology and permitted by law. 100% 100% 100% 100% 100%+ Financial Perspective 6 Attachment - C 1 Status of Strategic Initiatives of the Utilities Strategic Plan For the customer and community perspective: 1. Establish mechanisms to elicit customer feedback on their satisfaction with all interactions with CPAU.  The Utilities Communication Plan has been redrafted for 2013 and includes plans for further expanding available mechanisms for eliciting customer feedback. Due to staffing and resource limitations, we do not anticipate fully implementing mechanisms for immediate feedback after all customer interactions until 2014. Meanwhile, the CMUA/RKS survey of residential customers was conducted in 2012 which gave some generalized feedback on customer satisfaction. We have gotten more specific feedback via evaluations at workshops, events and as part of programs such as the backflow prevention device inventory program. We are redesigning the My Utilities Account web portals to include a user’s feedback mechanism and we are upgrading our MyCPAU Mobile App to make it easier for users to give us feedback. 2. Redesign the Utilities bill to improve understandability.  Complete redesign of the format of the current Utilities bill has been cancelled. Incremental changes are being made as needed for each of the billable commodities including Electric Time-of-Use and Refuse.  Replace bill redesign with improve the electronic bill presentment, payment functionality and enhancing the utility’s mobile web capabilities. 3. Redesign the PaloAltoGreen program.  The redesign of the PaloAltoGreen program is being done in the context of the development of the plan to achieve a carbon neutral electric supply portfolio. That plan is on track to be approved by Council in March 2013 with the redesign of the PaloAltoGreen program to occur by June 2013. Successfully Completed: 4. Reassess the gas portfolio laddering purchasing strategy.  Gas purchasing strategy was changed to market-price based pricing effective July 1, 2012. For the people and technology perspective: 5. Develop a 5-year succession plan for each division.  Each division identified skill set gaps and employees eligible for retirement. Each division is reviewing skills needed for each position and will undertake efforts to cross train, as appropriate. 6. Develop a Utilities-specific IT strategic plan.  The Utilities-specific IT strategic plan is on hold due to lack of staffing resources and pending completion of the citywide 3-year IT strategic plan. Attachment - C 2 Successfully Completed: 7. Implement an annual employee satisfaction survey.  An employee satisfaction survey was completed for Utilities in October 2011 that will be used as a baseline. The second survey was completed in October 2012. Compared to the 2011 baseline survey, employee satisfaction is generally better but the response rate dropped significantly. Overall, 66% of the employees are either satisfied or very satisfied with the work they currently do at CPAU compared to 63% in the prior year. In 2011, 57% or 136 employees responded to the survey compared to 34% or 82 employees in 2012. 8. Develop a process to evaluate and implement new technology through targeted programs and consider creating a fund for innovative projects and pilots.  The Emerging Technology Demonstration Program was approved by Council in January 2012 and was launched in the spring of 2012. For the financial perspective: 9. Evaluate the appropriate fraction of fixed costs to be collected by fixed charges.  On June 18, 2012, Council adopted rate changes effective July 1, 2012 for gas, water and wastewater that were consistent with cost of service analysis results regarding the amount of revenues to collect from fixed and volumetric charges. Electric cost of service analysis is planned for FY 2014. Successfully Completed: 10. Re-evaluate the need for and purpose of the Calaveras (stranded cost) Reserve.  The name and purpose of the Calaveras Reserve has been changed to Electric Special Project Reserve with new guidelines. New: Develop a comprehensive Utilities financial policy by January 2014 to provide direction for future cost of service studies and rate-setting priorities. Attachment - C 3 For the internal business process perspective: 11. Develop a plan to complete a new electric transmission interconnection.  Staff is meeting with Stanford and SLAC to discuss the feasibility of a second electric transmission line source for the City by connecting the City’s Quarry Substation to the SLAC National Accelerator Laboratory 230 kV Substation. 12. Pursue gas prepay transactions to leverage the City’s low cost of capital and tax-exempt status to acquire low cost gas supply resources.  Current goal is to establish prepay agreements, approval process, and structures in place. When gas commodity prices rise, staff will be better prepared to execute transactions. The decision to move to market-based supply rates and not purchase gas on a forward basis simplifies the implementation of prepay agreements by eliminating the need to hedge our transactions. The consultant for risk management will assist with this effort. 13. Evaluate and implement opportunities to maximize the value of the Calaveras project in the new electric market framework.  Staff is proposing to remove this strategic initiative because this is an ongoing task on CPAU’s work plan given the changes in the market. Successfully completed: 14. Prepare a Utilities Communications Plan that incorporates increased use of neighborhood and business organizations and schools to disseminate program and educational information.  The Utilities Communication Plan has been drafted and is a working document that is being constantly updated. 15. Actively participate in citywide efforts to improve the procurement process.  Utilities is a member of the City’s procurement design team which is tasked to make recommendations to improve sole source process, increase Cal Card usage, and implement departmental BID process. The new Pcard system was rolled out in May 2012 which should result in higher participation with better internal controls and reporting. The design team and Purchasing Division will begin to offer training workshops and explore other areas of improvement. 16. Develop a program to ensure that the strategic plan is pursued and that objectives and initiatives are managed.  A balanced scorecard has been implemented to track the performance measures and initiatives in the strategic plan. 17. Develop implementation plans to achieve the long-term water and energy efficiency goals and implement programs as outlined in the implementation plans.  The Urban Water Management Plan was adopted by Council in June 2011.  The ten year energy efficiency plans were previously updated in 2010 and 2011. City of Palo Alto (ID # 3972) City Council Staff Report Report Type: Consent Calendar Meeting Date: 8/5/2013 City of Palo Alto Page 1 Summary Title: Establishing GO Bond Tax Levy Title: Adoption of Resolution Establishing Fiscal Year 2013-14 Secured and Unsecured Property Tax Levy for the City of Palo Alto’s General Obligation Bond Indebtedness (Measure N) From: City Manager Lead Department: Administrative Services Recommendation Adopt a resolution (Attachment A) approving the establishment of the Fiscal Year 2013-14 property tax levy of $17.72 per $100,000 in Assessed Value (AV) for the secured and utility tax roll and $12.88 per $100,000 in AV for the unsecured tax roll for the City of Palo Alto's Measure N General Obligation Bond Library Bonds (First and Second Series). Background On November 4, 2008, City voters passed Measure N which gave the City authority to issue a maximum amount of $76,000,000 million of General Obligation bonds (the "Bonds") for capital improvements to the Mitchell Park, Downtown, and Main libraries and to the Mitchell Park community center. The City successfully sold the Bonds in two series to provide $76 million in funds for the design and construction costs. Both Standard and Poor's (S&P) and Moody's awarded their highest credit ratings, Triple A, to both series of Bonds. Discussion Debt service payments on these Bonds are paid through ad valorem taxes on all taxable land and improvements (both secured and unsecured assessment roll) within the City. Staff is seeking Council approval of the attached resolution (Attachment A) which authorizes the placement of an ad valorem property tax levy in the amount of $0.01772 per $100 or $17.72 per $100,000 in AV for the secured tax roll; and $0.01288 per $100 or $12.88 per $100,000 in AV for the unsecured tax roll. In comparison, prior years secured and unsecured tax levy was $12.88 and $15.51, respectively, per $100,000 of AV. City of Palo Alto Page 2 The assessment rate for FY 2013-14 is increasing for the secured and dropping for the unsecured property taxes. For the secured property taxes, the second Bond series issuance done in June 2013 resulted in total annual debt service payment of $4.8 million, an increase of $1.3 million. There were several factors that moderated the rate increase: the rise in the Assessed Valuation for properties throughout Palo Alto and the application of a bond issuance premium that was realized at the time the Library Bonds were issued. The latter requires an explanation and how staff intends to apply it to the annual assessment over the remaining life of the Bonds. General Obligation Bonds are unique in that they must be issued, by Government Code, at a par value that does not include an amount to pay the underwriting fee. To generate this fee and to market the bonds, interest rates on the bonds to be paid to investors were set slightly higher than the market rates. The par amount of bonds issued in June 2010 and June 2013 was $55.3 million and 20.7 million, respectively. Of this amount, $75.8 million was deposited into the Project Fund for the projects described above and $0.2 million paid for cost of issuances expenses on the first series bonds (e.g., disclosure counsel, rating agencies). As a consequence of the interest rates to be paid on the bonds and investor demand, a premium of $4.8 million was generated. Of this, $0.8 million went for the underwriter’s discount and $0.2 million for cost of issuance expenses on the second series bonds leaving $3.8 million in remaining premiums. The remaining premium must be used to offset annual debt service. In effect, use of the premium lowers the true interest cost to property owners to that cited at the time of the bond issuances, 4.2 percent for the 2010 (first series) and 3.85 percent for the 2013 (second series) Bonds. Based on the 30 year life of the bonds, staff will amortize the $3.8 million in premiums over 30 years or offset the annual assessment by $126,985 per year. In addition, the rise in Assessed Valuation resulted in $0.2 million in excess collection which is being used to further offset the FY 2014 annual assessment. As for the unsecured property taxes, per the County of Santa Clara’s methodology, the prior year’s secured tax rate becomes this year’s unsecured tax rate. As a result, the unsecured tax rate for FY 2014 doesn’t include the 2013 Bonds issuance’s annual debt service payment and is also benefiting by the lower secured tax rate from last year due to offsetting impacts of using premiums and excess assessment collection due to (again) rising Assessed Valuation during the fiscal year. With the new assessment for FY 2013-14, a house with an assessed value of $1 million, for example, would see an annual assessment of $177.20 on their property tax bill. City of Palo Alto Page 3 A summary of the 2013 Bonds issuance funding and application of funds are as follows: The $180,000 applied towards the Costs of Issuance breakdown as follows: Resource Impact The bond issuances result in a 2014 calendar year debt service expenditure of approximately $4.8 million and Council approval of the attached resolution will result in ad valorem tax levy revenue of $4.5 million with the difference attributable to available funds on hand being applied toward the 2013 calendar year debt service payments. Again, secured and unsecured property owners will see a levy of $17.72 and $12.88 per $100,000 of AV on their 2013-14 property tax statement. Environmental Review There is no environmental review required for this report. Attachments:  Attachment A: Resolution Establishing FY 2013-14 Property Tax Levy (PDF) City of Palo Alto Page 4  Exhibit 1: General Obligation Bonds, Election of 2008, Series 2010 and 2013 Tax Rate Calculation Based on 2013-14 AV (PDF) NOT YET APPROVED 130722 jb 0131117 1 Resolution No. ______ Resolution of the Council of the City of Palo Alto Establishing the Fiscal Year 2013-14 Property Tax Levy of $17.72 Per $100,000 of Secured and $12.88 Per $100,000 of Unsecured Assessed Valuations for the City’s General Obligation Bond Indebtedness (Measure N Library Projects) R E C I T A L S A. The City of Palo Alto’s (“City”) general election held on November 4, 2008, more than two thirds of voters approved Measure N, authorizing the issuance of general obligation bonds in the amount not to exceed $76,000,000 (the “Authorization”) to fund construction of a new Mitchell Park Library and Community center and renovation and improvements to Downtown and Main libraries. B. Pursuant to the Authorization, the City issued two series (Series 2010A and 2013A) of general obligation bonds in June 2010 and June 2013 that yielded $75.8 million for project needs. C. The City is obligated to levy ad valorem taxes on all property within the City subject to taxation by the City, without limitation on rate or amount (except with respect to certain personal property which is taxed at limited rates), for the payment of the debt service on the Bonds. D. The City is obligated to direct the County of Santa Clara to collect such ad valorem taxes in such amounts and at such times as is necessary to ensure the timely payment of debt service on the Bonds. E. The amount of the annual ad valorem tax levied by the City to repay the Bonds is determined by the relationship between the assessed valuation of taxable property in the City and the amount of debt service due on the bonds. The Council of the City of Palo Alto RESOLVES as follows: SECTION 1. Pursuant to the Authorization, an ad valorem property tax is hereby established to be levied on all land and improvements in the City of Palo Alto during fiscal year 2013-14 in the amount of $0.01772 per $100 in assessed value for the secured and utility tax roll and $0.01288 per $100 in assessed value for the unsecured tax roll based on the calculations set forth in the attached Exhibit "A". SECTION 2. The City’s Director of Administrative Services shall cause a certified copy of this Resolution to be delivered to the Auditor of the County of Santa Clara for entry in the assessment book of the respective sums in dollars and cents. NOT YET APPROVED 130722 jb 0131117 2 SECTION 3. The Council finds that this is not a project under the California Environmental Quality Act and, therefore, no environmental impact assessment is necessary. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: __________________________ ______________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: __________________________ ______________________________ Senior Asst. City Attorney City Manager ______________________________ Director of Administrative Services / CFO A) Assessed Valuations (AV) 1)2013-14 Taxable Secured Assessed Valuation (AV)24,042,136,429.00$ 2)2013-14 Taxable Unsecured AV 1,499,187,999.00$ 3 ) Less: Estimated Delinquency 1.02%(15,291,717.59) 4 ) Net Taxable Unsecured AV 1,483,896,281.41 B) Tax Levy Requirement 5)2013-14 Debt Service Payments 6)2010 Bonds February 1,2014 1,222,234.38$ 7)2010 Bonds August 1, 2014 2,272,234.38 3,494,468.76 8)2013 Bonds February 1,2014 497,904.17$ 9)2013 Bonds August 1, 2014 786,850.00 1,284,754.17 10 )Total Calendar Year 2013 Debt Service Payment 4,779,222.93 11 ) Excess Funds on Hand Applied Toward Debt Servce (338,984.64) 12 ) Sub-total 4,440,238.29 13 ) Santa Clara County Administration Fee (0.25% of Principal & Interest)11,100.60 14 )Total 2013-14 Annual Debt Service Requirement 4,451,338.89 C)Secured and Unsecured Tax Rate 15 )2013-14 Unsecured Tax Rate per $100 of Unsecured AV (Prior Year's Secured Tax Rate)0.01288$ 16 )2013-14 Unsecured Tax Rate per $100,000 of Unsecured AV 12.88$ 17 )2013-14 Estimated Revenue from Unsecured AV (line 4 divide by 100 times by line 12) 191,125.84$ 18 )2013-14 Estimated Revenue from Secured AV (line 11 minus line 13) 4,260,213.04 19 )Total 2013-14 Annual Debt Service Requirement 4,451,338.89$ 20 )2013-14 Secured Tax Rate per $100 of Secured AV (line 14 divided by line 1*100) 0.01772$ 21 )2013-14 Secured Tax Rate per $100,000 of Secured AV (line 14 divided by line 1 times 100,000) 17.72$ Exhibit A City of Palo Alto General Obligation Bonds, Election of 2008, Series 2010 and 2013 Tax Rate Calculation Based on 2013-14 Assessed Values City of Palo Alto (ID # 3983) City Council Staff Report Report Type: Consent Calendar Meeting Date: 8/5/2013 City of Palo Alto Page 1 Summary Title: EMPG Grant Title: Approval of Resolution Authorizing the City Manager to Submit a Grant Application to, and Accept on Behalf of the City of Palo Alto, a Grant of Funds Made by the County of Santa Clara for the Purpose of Emergency Management, Preparation, and Training From: City Manager Lead Department: Office of Emergency Services Recommendation Staff recommends that Council approve the attached resolution authorizing the City Manager to submit a grant application to, and accept on behalf of the City of Palo Alto, a grant of funds made by the County of Santa Clara for the Emergency Management Performance Grant (EMPG) and the State Homeland Security Grant Program (SHSGP). Discussion The Federal Department of Homeland Security (DHS), through the State Homeland Security Grant Program (SHSGP), has awarded 2012 grant funding to the State of California for a number of grant programs, including EMPG and SHSGP. The State, a grantee, has awarded funding to designated Operational Areas within the State for expenditure of these grant programs, including Santa Clara County. The County of Santa Clara has allocated $20,530 in EMPG funds to the City of Palo Alto Office of Emergency Services (OES). As an alternative to receiving the monies from the County, the County will purchase a portable thermal video camera that is manufactured by FLIR. The camera will enhance the operational response capability for public safety and does not require or incur ongoing maintenance costs. Previously under the SHSGP, the Fire and Police Departments benefitted from SHSGP funding as part of a larger regional training effort but that required no expenditure of departmental funds. City of Palo Alto Page 2 Santa Clara provided “Blue Card” training for the Fire Department in 2012, while the Police Department has and will continue to receive training support for the rollout of the new Intergraph Computer Aided Dispatch (CAD) system. Resource Impact The City’s EMPG grant allocation is $20,530 and instead of receiving grant monies, the County has agreed to purchase a portable thermal video camera. The total cost of the camera is approximately $25,000 and any cost above the total $20,530 will be absorbed in the OES FY 2014 Adopted Budget non-salary appropriation. The term of the grant agreement is from July 1, 2012 through September 30, 2013. The grant has a matching requirement of 50 percent of the grant amount and, per the County, has been satisfied through the purchase of a Barrett high frequency radio system during FY 2013. The camera does not require ongoing maintenance and any maintenance cost incurred through use of the camera will be absorbed in the OES non-salary appropriation. Policy Implications The recommendations in this report do not represent a change in City policies. Environmental Review The recommendation in this report does not constitute a project requiring review under the California Environmental Quality Act (CEQA). Attachments:  Attachment A - Draft EMPG Resolution 080513 (PDF)  Attachment B - 2012 EMPG Agreement 080513 (PDF) *NOT YET APPROVED* 1 Resolution No. _______ Resolution of the Council of the City of Palo Alto Authorizing the City of Palo Alto to enter into the 2012 Emergency Management Performance Grant with the County of Santa Clara A. The Emergency Preparedness Council of the County of Santa Clara (“Santa Clara County” or the “County”) advises the County on matters affecting disaster preparedness throughout Santa Clara County. B. The City of Palo Alto and the County of Santa Clara are parties to the 1994 Operational Area Interim Agreement. C. The California Emergency Management Agency awarded the County of Santa Clara a 2012 Emergency Management Performance Grant of $489,006 for the purpose of managing emergency planning. D. The County of Santa Clara accepts, annually, grant applications for emergency management preparedness and training. E. The City of Palo Alto wishes to accept a grant from the County that will result in the expenditure of grant funds ($20,530) in connection with the proposed emergency management program. NOW, THEREFORE, the Council of the City of Palo Alto does hereby RESOLVE as follows: SECTION 1. The Council hereby authorizes the City Manager to submit a grant application to, and accept on behalf of the City of Palo Alto a grant of funds made by, the County of Santa Clara for the purpose of emergency management, preparation, and training. SECTION 2. The Council hereby certifies that the City’s staff has reviewed and understands the general provisions contained in the 2012 Emergency Management Performance Grant. SECTION 3. The Council hereby designates the City Manager or his designee as the person responsible for the administration of the grant application. // // // // // // *NOT YET APPROVED* 2 // // SECTION 4. The Council finds that the adoption of this resolution, which authorizes the submittal of a grant application, and the acceptance of grant funds, does not constitute a project under the California Environmental Quality Act. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ___________________________ ___________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ___________________________ ___________________________ Asst. City Attorney City Manager ___________________________ Emergency Services Coordinator CITY OF PALO ALTO OFFICE OF THE CITY ATTORNEY August 5, 2013 The Honorable City Council Palo Alto, California Adoption of an Ordinance Adding Chapter 2.06 to Title 2 of the Palo Alto Municipal Code to Restrict the Use of the City Seal and Other City Logos Recommendation Staff recommends that the Council adopt an ordinance adding Chapter 2.06 to Title 2 of the Palo Alto Municipal Code to Restrict the Use of the City Seal and other City logos (Attachment A). Background As part of its initiative to create a contemporary and consistent brand for the City of Palo Alto, the City Manager’s Office has developed a new City logo. This design incorporates elements of various versions of City seals and logos that have been used in the past and conveys a distinctive image for the City. The design is comprised of two concentric circles, with the outermost circle broader and green without any shading inside of it and the inner circle shaded in green with a picture of a white tree in the center of the circle. Below or to the right of the circles, the words “City of Palo Alto” appear in capital letters. The new design is shown below in its horizontal and vertical forms: Page 2 The purpose of the new City logo is to facilitate the process of creating a unique brand for the City of Palo Alto and communicating that brand to the public. The City logo is distinct from the City seal. The City seal is maintained by the City Clerk and is used to certify official documents and for other official business. Below are color and black and white images of the City seal: In order to prevent unauthorized use of both the City seal and logo, the City must adopt an ordinance that identifies and describes the seal and logo, sets forth the permissible uses and establishes penalties for unauthorized uses. Discussion In order to develop the design of the new City logo, the City Manager’s Office worked extensively with a design firm previously known as RHDG and now known as Tandem Creative, Inc. The design process included soliciting input about the City of Palo Alto from twenty-six City staff members and/or departments as well as creating and considering over one hundred possible designs for the City logo. The design that was eventually selected includes a simplified image of a redwood tree, which is consistent with the City’s namesake of El Palo Alto as well as the official City seal (which contains a more detailed tree image) and other prior City logos. The tree image also evokes a connection with the logo of Stanford University. These important associations contribute to the significance and meaning of the new City logo design. The intention of creating a new City logo is to promote the consistent use of the image by all City departments and to limit the proliferation of logos that have been used by various departments in the past. One important function of the seal is to provide a way of clearly communicating to the public that City programs and services are funded and offered through the City’s tax dollars. At the same time, the City has an interest in permitting the use of supplemental logos in certain contexts. For example, the Palo Alto Art Center has developed the logo shown below, which is different, but compatible with the City logo: Page 3 This logo serves the purpose of showing the Palo Alto Art Center’s relationship to the City of Palo Alto, while still allowing the Palo Alto Art Center to communicate an identity and brand of its own to artists, donors and other constituencies. To obtain legal protection for the new City logo design, the City Attorney’s Office submitted an application for a Certificate of Registration of Service Mark from the State of California Secretary of State on December 20, 2012. Basic information was provided on the application form, including a description and drawing of the service mark, the manner in which the mark is used and the date that the mark was first used. On February 26, 2013, the Secretary of State approved the registration; and the registration is effective for a term of five years. As part of the process of reviewing the City of Palo Alto’s application, the Secretary of State conducted a search of marks registered with its office and found that the City of Palo Alto’s service mark does not appear to resemble any registered mark. However, there may be unregistered marks, California trade names, fictitious names or names under which individuals conduct business that may resemble the City of Palo Alto’s service mark. The registration of the service mark with the Secretary of State does not by itself protect the service mark against unauthorized uses. Instead, the owner of a service mark is responsible for protecting the rights to its mark by enacting an ordinance regulating use. The City of Palo Alto does not currently have an ordinance formally establishing an official City seal or logo. In general, however, cities with recognizable seals or logos do have ordinances that identify the unique characteristic of their seals and prohibit unauthorized uses of them. The City Attorney’s Office, therefore, submits the attached Ordinance adding Chapter 2.06 to Title 2 of the Palo Alto Municipal Code to restrict the use of the City seal and logo. The proposed ordinance describes the existing City seal and the design of the new City logo. It establishes procedures for the creation of variations of the City seal, the adoption of other official seals or logos, the alteration of the City seal and custodianship of the City service marks. It also sets forth permissible uses of the City seal and logo by recognized employee organizations, designated organizations that work with the City on providing events, services or programs, approved partners on co-sponsored City events, and selected items offered for sale by the City of Palo Alto for the purpose of promoting the City of Palo Alto. Finally, it establishes fines for unauthorized uses of the City seal and logo. Resource Impact There are no immediate resource impacts related to this recommendation. The City staff does not plan to immediately change the City logo that currently appears on durable City property such as garbage and recycling bins; however it will incorporate the new City logo on new property as it is acquired such as new recycling bins, fleet vehicles, uniforms, signs, business Page 4 cards, letterhead and the like. In most cases, the City logo will be added to new property as it is purchased rather than replace durable property that is expected to last for many more years. Environmental Review Adoption of the attached Ordinance is not a project subject to environmental review under the California Environmental Quality Act (CEQA). ATTACHMENTS:  A: Ordinance to Restrict Use of the City Seal (DOC) Department Head: Molly Stump, City Attorney NOT YET APPROVED 130628 jb 0130945 1 Ordinance No. _____ Ordinance of the Council of the City of Palo Alto Adding Chapter 2.06 to Title 2 of the Palo Alto Municipal Code to Restrict the Use of the City Seal and Other City Logos R E C I T A L S A. The public interest requires that periodic revision of the municipal code is necessary in order to make editorial changes for clarification and to make revisions that are consistent with current practice and public policy. B. The Palo Alto Municipal Code requires revision to protect and clarify the proper use of the City seal. The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Chapter 2.06 (Official City Seal and Logo) of the Palo Alto Municipal Code is added to read: 2.06.010 The City Seal and City Logo. (a) The City Seal is described as follows: Three concentric circles. The outermost circle is broadest with shading inside of it. Between the outermost and second circle the words “City of Palo Alto California” appear in capital letters. Between the second and third circles the words “Incorporated April 23, 1894” appear. In the center of the circle is a green tree. (b) The City Logo is described as follows: Two concentric circles. The outermost circle is broader and green without any shading inside of it. The inner circle is shaded in green and has a picture of a white tree in the center of the circle. Below or to the right the circles the words “City of Palo Alto” appear in capital letters. (c) The City Manager is authorized to develop and approve other City logos and any logo so approved by the City Manager shall be retained on file with the City Manager. 2.06.020 Use of City Seal and Logos. (a) Use of Seal. The City Seal and City logos shall only be used for the official business of the City of Palo Alto, its City Council, boards and commissions, officers or departments, except upon approval of the City Council by ordinance or resolution. Except as provided for in this Section, no person, other than the City of Palo Alto, shall reproduce, use, give away, sell, or distribute any seal or logo, or facsimile thereof, purporting to be or represented to be the City Seal or City Logo of the City of Palo Alto. NOT YET APPROVED 130628 jb 0130945 2 (b) Additional City Seals. The City of Palo Alto City Council retains the right to create variations of the City Seal and City Logo and to adopt and establish other official seals and logos. Such variations may include, but are not limited to, centennial seals, or other seals which mark anniversaries, events, and/or any other City occasion the City Council wishes to commemorate. (c) Amendment of City Seal. The City Seal may be altered pursuant to resolution of the City Council. (d) Custodian of City Seal and other Council-adopted Seals. The City Clerk shall be the official custodian of the City seal, and any other city seals adopted by the City Council. (e) Custodian of City Logos. The City Manager shall be the official custodian of City logos. (f) Use of City Seal or Logo by Employee Organization. A recognized employee organization may use the City seal or logo, or facsimile thereof, on stationery and printed materials used in the scope of its representation of City employees and on articles of clothing intended for use by City employees. (g) Promotional Use of City Seal or Logo. The City Manager or his/her designee is empowered to authorize the use of the City seal or logo on items that are offered for sale by the City of Palo Alto for the purpose of promoting the City of Palo Alto. Prior to authorizing such use, the City Manager or his/her designee shall procure from the Director of Administrative Services a plan describing the items that would bear the City seal or logo. Such plan shall include the criteria used in determining the proposed items and an analysis of the marketability of each item. Only those items bearing the City seal or logo that have been authorized by the City Manager or his/her designee pursuant to this provision may be offered for sale by the City of Palo Alto. (h) Penalty. Any person violating this ordinance shall be guilty of an infraction. A violation of this ordinance may be prosecuted by city authorities in the name of the people of the State of California, or redressed by civil action. Every violation of this ordinance is punishable by (1) a fine not exceeding one hundred dollars ($100) for a first violation; (2) a fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year; (3) a fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year. The City reserves the right to take any other legal action it finds appropriate to enforce this ordinance. SECTION 2. Severability. If any provision or clause of this chapter is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions of this chapter, and clauses of this chapter are declared to be severable. SECTION 3. CEQA. The Council finds that this is not a project under the California Environmental Quality Act and, therefore no environment impact assessment is necessary. NOT YET APPROVED 130628 jb 0130945 3 SECTION 4. Effective Date. This ordinance shall be effective on the thirty-first day after the date of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Senior Asst. City Attorney City Manager ____________________________ Director of Administrative Services CITY OF PALO ALTO OFFICE OF THE CITY ATTORNEY August 5, 2013 The Honorable City Council Palo Alto, California Adoption of an Ordinance Authorizing Electronic Signatures on Documents Used and Accepted by the City of Palo Alto Recommendation This ordinance would authorize the use of electronic signatures on City documents while allowing the City to strike a balance between flexibility and the need for signature security and integrity. Executive Summary The use of electronic signatures on legally-binding documents has become increasingly prevalent in the private sector, but has yet to find widespread adoption by government agencies. The benefits of electronic signatures are simple and numerous: they cut down on the paper, time, and cost associated with transmitting and approving physical documents, and they can offer an easily accessible audit trail of when documents were modified and when they were signed. At a fundamental level, an electronic signature is any electronic symbol that represents an individual’s acceptance or adoption of a statement or transaction. Thus, an electronic signature may be as simple as typing a name or checking a box. One common concern with electronic signatures is the ability to verify the identity of the person affixing the signature. While several technologies have developed to address this issue, some solutions insert additional, cumbersome steps into a signature process that may obviate some of the advantages of accepting electronic signatures. This ordinance would authorize the use of electronic signatures on City documents while allowing the City to strike a balance between flexibility and the need for signature security and integrity. Specifically, this ordinance would: (1) establish that electronic signatures shall be effective on City documents so long as certain guidelines regarding the security and integrity of electronic signatures are met; (2) authorize the City Manager to determine the particular technologies or vendors that presumptively satisfy these guidelines; and (3) authorize the City Manager to determine the level of security required for various types of documents. Background The general legal framework for the use of electronic signatures on electronic records has been in place for over a decade. In 1999, California adopted a version of the Uniform Electronic Transactions Act (UETA), guaranteeing that electronic signatures would have the same legal effect as a “wet” or manual signature. (Civ. Code §§ 1633.1-1633.17.) In 2000, Congress Page 2 passed the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), mandated the same treatment of electronic signatures in interstate or foreign commerce. (15 U.S.C. 7001.) In addition, in 1995, five years before the UETA and E-SIGN Act were adopted, the California Legislature passed a statute authorizing public entities to accept “digital signatures”1 if and only if they comply with stringent verification procedures established by the Secretary of State. (Gov. Code § 16.5.) The Secretary of State adopted regulations in 1998 approving the use of digital signatures only if they could be verified using Public Key Cryptology (PKI) or Signature Dynamics technologies. (2 C.C.R. § 22003.) These regulations have not been updated in the past 15 years. Unfortunately, both PKI and Signature Dynamics technologies add complexity and expense to the signature process, eliminating some of the primary advantages of using electronic signatures. For example, Signature Dynamics technology involves the use of a specialized tablet and/or stylus to record physical attributes of a signature (e.g. speed and pressure) to verify the identity of the signer. The additional hardware required to implement Signature Dynamics renders it impractical in the majority of situations in which electronic signatures may be attractive. PKI technology requires each party to establish a relationship with a “certification authority,” which verifies the identity of the signer using a combination of public and private “keys.” This additional step may be overly burdensome for many individuals and organizations who have only intermittent interaction with the City. Although Government Code 16.5 and the California Secretary of State’s regulations set forth requirements for the use of “digital signatures,” they do not limit the manner in which the City may use or accept electronic signatures generally. Moreover, as a charter city, Palo Alto retains plenary authority over municipal affairs, including, for example, procedures and requirements for entering into purchase contracts. Discussion This ordinance would provide assurance that electronic signatures meeting certain security criteria would be effective on documents accepted by the City notwithstanding the fact that they do not involve PKI or Signature Dynamics technologies. The ordinance would further require that the City Manager designate a list of technologies or vendors whose processes presumptively meet the security criteria of the ordinance. Over the past several months, staff has researched various electronic signature platforms that offer a high degree of security and integrity without the burdens associated with PKI or Signature Dynamics technologies. For example, several vendors offer cloud-based document and signature management systems featuring multi-factor identity verification (e.g. by email and phone), password protection, or some other form of identity and signature verification processes. These systems do not require 1 “Digital signature” is a term of art meaning an electronic signature that is accompanied by a unique cryptographic certificate verifying the identity of the person affixing the signature. Page 3 that the signer have access to specialized hardware or that the signer establish an account with a certification authority or any other entity. The relative ease and security offered by these systems has led to their wide adoption in the private sector as well as by the I.R.S. for certain tax filings. At this time, the Administrative Services Department expects to implement a pilot program offering electronic signatures as an option on purchase and services contracts valued up to $85,000. While the City Manager may implement this pilot program under the existing provisions of the Municipal Code,2 this ordinance would codify the City’s policy on electronic signatures and expand their availability to contexts beyond purchasing. In particular, staff has identified construction permits, employment forms, and board and commission applications, as classes of documents for which electronic signatures may provide significant benefits for City staff and the public. Finally, this ordinance would allow the City Manager to designate certain classes of documents for which electronic signatures will be accepted with fewer verification measures. For example, multi-factor identity verification or password protection will likely require the City to invite a particular individual to sign a document. While this would streamline the purchasing or employment processes, it would add unnecessary additional steps to an application to a City board or commission. Thus, on board and commission applications or other contexts where the City accepts signed applications or documents from the public generally, a less formal electronic signature may be more appropriate. Resource Impact Adoption of the ordinance would not result in any fiscal impact. There may be costs associated with the selection and implementation of an electronic signature platform. Environmental Review Adoption of the ordinance is not a project subject to environmental review. ATTACHMENTS:  Attachment A: Ordinance to Authorize Electronic Signatures (PDF) Department Head: Molly Stump, City Attorney 2 The City Manager and Purchasing Manager may authorize the use of electronic signatures in this pilot program under the authority delegated in Municipal Code section 2.30.050, allowing the City Manager to implement a purchasing program and to update the procedures applicable to City purchases from time to time. Page 4 NOT YET APPROVED 130628 dm 0160027 1 ORDINANCE NO. _____ Ordinance of the Council of the City of Palo Alto Amending Title 2 of the Palo Alto Municipal Code to Authorize the Use of Electronic Signatures in Documents Accepted by the City of Palo Alto The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Findings and Declarations: (a) Electronic signature technology allows the City of Palo Alto to collect and preserve signatures on documents quickly, securely, and efficiently. (b) The California Secretary of State has adopted regulations governing electronic signatures, which are not suitable for to govern the use of electronic signatures by the City of Palo Alto. (c) The conditions under which the City of Palo Alto will accept electronic signatures on City documents are a municipal affair, wholly within of the City Council to regulate pursuant to the City Charter. SECTION 2. Section 2.49.010 (Electronic Signatures) of Chapter 2.49 (Electronic Signatures) of the Palo Alto Municipal Code is hereby amended to read as follows: (a) In any document accepted by the City in which a signature is required or used, the City may authorize the use of an electronic signature, so long as it complies with the requirements of this section. (b) The use of an electronic signature shall have the same force and effect as the use of a “wet” or manual signature if: (1) The signature is capable of verification; (2) The signature is under the sole control of the person using it; and (3) The signature is linked to the data in such a manner that it is readily ascertainable if the data is changed after the signature is applied. (c) The City Manager shall determine acceptable technologies and vendors under this section consistent with industry best practices to ensure the security and integrity of the data and the signature. The City Manager shall further determine the documents for which the City will accept electronic signatures. NOT YET APPROVED 2 SECTION 3. This ordinance shall be effective on the thirty-first day after the date of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ City Attorney City Manager ____________________________ Director of Administrative Services City of Palo Alto (ID # 3955) City Council Staff Report Report Type: Consent Calendar Meeting Date: 8/5/2013 City of Palo Alto Page 1 Summary Title: Mitchell Park Construction Contract Bi-Monthly Report Title: Submittal of Mitchell Park Library and Community Center Bi-Monthly Construction Contract Report From: City Manager Lead Department: Public Works Recommendation and Draft Motion: Draft Motion: I move that Council: 1)Accept this update on the Mitchell Park Library and Community Center (MPL&CC) construction project; and 2)Direct staff to continue to submit bi-monthly reports to Council and to take related actions which Council may direct. Executive Summary The MPL&CC construction is approximately 88%complete (based on expenditures to Flintco) and it is anticipated that the three-building complex will be open to the public in late 2013. The estimated opening time frame has been changed from our earlier estimate of spring 2013 to late 2013 due to delays caused by the contractor and their subcontractors, the necessity to fully correct every deficiency, and to insure that the buildings are of the highest quality. It will also take six to eight weeks after construction is completed to move into the buildings, prepare the library collection and other materials for public use,and ready the staff and the space for opening. The percentage completion has increased from 84%to 88%since the last report. Because of the delays, errors,omissions, and unacceptably slow pace of construction, the City issued a Notice to Flintco on May 2, 2013 (Attachment F)that it intends to initiate default proceedings unless specified actions are completed by designated milestones. If initiated, these proceedings would remove Flintco and replace it with a new general contractor to complete the project. The number of subcontractor personnel on site and the pace of the City of Palo Alto Page 2 project have improved since the May 2 Notice. However,schedule slippages for completion of key mechanical and electrical components have occurred.The City and its contractors are attempting to adjust the work sequencing to avoid further project completion delays.Staff is monitoring compliance with the milestone dates and the pace of construction very closely and will report to Council frequently in the coming weeks. As a follow-up to the City’s May 2, 2013 letter, subsequent letters were also sent reiterating previous statements. The most recent of those follow-up letters is also attached (Attachment G). Costs have increased above the bid amount partially due to building complexities and partially due to the performance of the City’s contractors. To date, a total increase (Construction Contract Change Orders)of $3,724,508 has been approved by the City, or approximately 15% above the base construction contract amount.The bid amount was approximately 24% below the City Engineer’s estimate and Council has authorized a maximum increase of 20% above the base contract amount in change orders. Thus,the project remains below budget, despite the unforeseen costs. Background At 56,000 square feet, MPL&CC is the City's largest construction project in four decades.Inside the state-of-the-art library building, teens, children, and those just wanting a quiet space will all have their own dedicated areas.The two-building Community Center complex will contain an expansive community room, kitchen, teen center, cafe,computer room and game room.The complex will be the City's model for an eco-friendly facility with extensive green roofs, solar water heating, night sky water cooling, photovoltaic panels, stormwater infiltration, and natural daylight utilization all wired with a state-of-the-art data feedback and control system. On September 12, 2011,Council authorized an increase in change order authority and a ceiling for the MPL&CC construction contract from 10% to 20% to cover unanticipated construction costs. Council also directed staff to provide Council with a monthly report (subsequently modified to bi-monthly)on change orders with Flintco, the general contractor.Council also requested the City Attorney to provide additional confidential briefings regarding potential claims against other responsible parties. Additionally, Council also directed staff to report on project milestones in the bi-monthly reports. Discussion Construction Progress On June 4, 2012, Council requested information on construction progress and set-backs since City of Palo Alto Page 3 the last report and milestones that staff expects will be reached by the next report. Since the last bi-monthly report,which was submitted to Council on June 17, 2013,several major milestones have been completed.All major HVAC systems have now been started up, with the exception of the unit for Building C-South, the Community Room and Kitchen. Carpeting and cabinet installation has commenced. The terrazzo floor in the Café has been completed. Wood slat work finishes have commenced and are almost completed. The Green Wall on the northeast wall of the building has been completed. The attached “Schedule Milestones” page in Attachment E has been revised to show the remaining key milestones. Some corrections to mechanical, electrical,and plumbing (MEP)work below the floor and above the ceiling are still outstanding, but much progress has been made. Some floor panels will have to be temporarily removed to allow for corrections and re-inspections. The number of corrections and re-inspections required is much higher than for a typical project. All of these problems were detected by the City’s building inspectors or construction manager, Turner Construction,and the contractor is contractually required to correct them. The City will pursue recovery of these costs from the contractor, either by way of withholding payment or through separate action. Sub-standard work will not be accepted.However,these corrections cause delays in the work of the next subcontractor and some could cause a delay in a critical path item,thus further delaying the project. City staff is proactively working with the general contractor and City consultants to avoid delays while not compromising quality. In addition, the City contracted with Big D Builders to perform work on an “as needed”basis to complete specific components of the work that Flintco is unable or unwilling to do.The City plans to pass the Big D costs on to Flintco Pacific. The maximum amount of the contract is $240,000, which is below the threshold for Council approval.An action will be brought to Council for approval should it become necessary to increase this contract. Big D Builders is the construction firm that recently completed the Palo Alto Art Center renovations and their work on this project was done on time and under budget. Compounding problems, Flintco has recently undergone some significant organizational changes. The President of the company has been replaced and a portion of the Flintco organization has been sold. In addition, several of the contractor’s key sub-contractors have also gone out of business. The City has and will continue to meet with Flintco’s new President to discuss performance issues. The contract contains a liquidated damage provision for each day of contractor delay and the City expects to invoke this provision once the job is finally completed. City of Palo Alto Page 4 Approved Construction Contract Change Orders To date, 48 change orders have been approved for a total amount of $3,724,508. This amount constitutes approximately 15%of the base construction contract amount. Since the last bi- monthly report, there have been five additional change orders issued. Council has authorized change orders up to 20% of the base contract amount;leaving about 5%remaining. A breakdown of the change orders and the key components of each are contained in Table 1 listed below with a brief description of each. Please recognize that change orders can include reductions and credits as well as new costs. You will see this, for example, reflected in Change Order #5 in Table 1 below. The shaded change orders have been issued since the last bi- monthly report. Table 1 Change Order Amount Change Order Summary 1 $41,725 Eight extra work items including the pruning of trees, clean- up of the old building, and removing conduit found during site clearing and grading. 2 $33,102 Four extra work items including the rerouting of a storm drain around tree roots and the addition of a new manhole that the drawings showed being present but wasn’t. 3 $215,501 10 extra work items including an adjustment needed due to tree root interference, an upgrade in wall insulation capability, and design coordination needed for steel installation. 4 $242,754 11 extra work items including the installation of dowels at additional locations, the installation of thicker glass railings to increase stability, increased gas transmission line coordination, and extra concrete water protection. 5 $4,436 24 extra work items including an extra light fixture cost, fire safety drawing coordination, and a variety of additional required supplies totaling $70,536 minus credit given for three of the 24 work items including spare fixtures no longer required and reimbursed City of Palo Alto dump fees totaling $66,100. 6 $25,123 Seven extra work items including additional gas main protection, curb strengthening, and deck support for the Building A green roof. City of Palo Alto Page 5 7 $74,304 19 extra work items including HVAC driven floor adjustments, electrical system adjustments, data cable rerouting, and a new load break cabinet totaling $109,965 minus credit given for two of the 19 work items including stones for the Arch provided by the artist and value engineering totaling $35,661. 8 $385,251 10 extra work items including additional fill, perforated metal panel ceiling work, various waterproofing, and conduit. 9 $195,706 18 extra work items including multiple curb installations, a basketball court slab, and an art sculpture foundation. 10 $78,514 13 extra work items including a Flintco field staff supplement, waterproofing, plumbing and electrical system alterations, and tree protection measures totaling $79,226 minus credit given for one of the 13 work items identified as plumbing fixture changes totaling $712. 11 $224,662 14 extra work items including beam strengthening, interior & exterior roof tank pipe supports, electric vehicle chargers, load break cabinet bollards, and additional steel. 12 $20,347 Seven extra work items including A/V work, electrical changes, and a roof access ladder. 13 $80,721 13 extra work items including metal stud framing, light fixtures, and miscellaneous electrical work. 14 $54,028 Five extra work items including a thickened roof edge, equipment curbs, a Building A ramp, signage support, and a book drop. 15 $176,586 12 extra work items including additional lighting, electrical work, soil for silva cells & planting areas, and HVAC work. 16 $53,256 Four extra work items including traffic signal modifications, construction recovery costs, and a tube steel base plate modification. 17 $278,710 Five extra work items including tube steel and supplemental exterior wall steel revisions. 18 $76,823 Seven extra work items including concrete floor sealer, wall short panels, leakage testing, pipe supports,and permit processing. 19 $36,526 Eight extra work items including building security, lighting, and electrical work. City of Palo Alto Page 6 20 $20,832 Seven extra work items including lighting and electrical work. 21 $122,071 Six extra work items including roof curbs, studs, and roof crickets. 22 $16,839 Six extra work items including duct, gutter, and ceiling work. 23 $122,472 Nine extra work items include occupancy changes, tube steel and the related work, and artwork preparation totaling $123,104 minus credit given for one of the nine work items for roof parapets, flashing, and crickets totaling $632. 24 $46,654 Three extra work items including night sky cooling tank repair work and parapet and roof details. 25 -$37,158 20 extra work items including glass changes and book drop and elevator improvements totaling $44,790 minus credit given for five of the 20 work items including deleted A/V work, geotextile fabric work, and storm drain/gas line cost savings totaling $81,948. 26 $28,056 Five extra work items including roof substrate revisions and curtain wall supports totaling $31,465 minus credit given for one of the five work items related to roof drain plumbing totaling $3,409. 27 $49,470 Eight extra work items including exhaust fan work, additional channels, and roof work. 28 $24,225 Nine extra work items including expansion joint work, kitchen equipment wiring, and roof and plumbing work. 29 $94,174 14 extra work items including exterior wall water proofing, bathroom work, plumbing work, and electrical work totaling $101,983 minus credit given for two of the 14 work items including a WAP reduction and book drop work totaling $7,809. 30 $32,331 Eight extra work items including power for signage and other outdoor expenditures. 31 $23,886 Eight extra work items including perimeter wall work, elevator shaft power and lighting, and electrical work. 32 $102,472 Five extra work items including demolition, reconstruction, and fire prevention work. 33 $73,172 10 extra work items including data, raised floor, electrical, and shelving work. City of Palo Alto Page 7 34 $37,090 Five extra work items including door, fire prevention, and signage work. 35 $59,002 10 extra work items including window shade, door, flooring, and electrical work. 36 $62,559 Seven extra work items including tile, landscaping, and electrical work. 37 $12, 446 Six extra work items including electrical and plumbing work. 38 $27,673 Six extra work items including basketball equipment, signage, and wall work totaling $27,789 minus credit given for one of the six work items for tree planting work adjustments totaling $116. 39 $48,234 Nine extra work items including a trash & bike enclosure, art backing, signage work, and framing work. 40 $112,459 10 extra items including hand excavation work, EV work, window work, and electrical work totaling $115,573 minus credit given for two of the 10 work items for lighting adjustments totaling $3,114. 41 $33,582 12 extra work items including column work, wall work, and electrical work totaling $35,574 minus credit given for two of the 12 work items for plumbing and ceiling adjustments totaling $1,992. 42 $73,796 15 extra work items including fencing and gate installation, AV work, and curbing totaling $88,558 minus credit given for two of the 15 work items for driveway and waterproofing adjustments totaling $14,762. 43 $47,849 12 extra work items including water system work, wood slat steel supports, and trellis work totaling $52,281 minus credit given for three of the 12 work items for granite bollards and accent stone, drain piping, and a system permit set totaling $4,432. 44 $30,299 Six extra work items including flooring work and curb work. 45 $83,960 Nine extra work items including flooring work, lighting work, ventilation work, kitchen work for ADA purposes, and metal planters. 46 $31,788 15 extra work items including landscaping work,plumbing work, steel work, electrical work, and ventilation work totaling $34,709 minus credit given for one of the 15 work items for flooring work totaling $2,921. City of Palo Alto Page 8 47 $29,389 20 extra work items including stonework, telecom cabling, exhaust fan work, painting, electrical work, and green roof work. 48 $16,811 Four extra work items including AC work, counter work, and electrical work. TOTAL $3,724,508 TOTAL CO’s 1-48 *For further information about each of the change orders see the attached corresponding Contract Change Order Scopes of Work (Attachment A). Change order requests submitted by the contractor are typically bundled together and summarized in one single change order. On September 12, 2011,Council further directed staff to submit any change order request which exceeds $85,000 to Council for approval. Staff is interpreting this to mean an individual change order line item more than $85,000. One may note that over the course of a period of time a number of on-site decisions are made, in order to not slow the project down, which can add up to more than $85,000 when compiled later. Bundled Change Order 11, for example, totals $224,662, but includes a series of change orders, none of which exceeds $85,000. Council has approved one change order to date (Change Order # 17)which contained line items exceeding $85,000. Related Council Directives for the Bi-Monthly Report Council further directed that staff report to Council on oversight activities. Therefore, attached is the most recent Library Bond Oversight Committee agenda (Attachment B)and Library Bond Oversight Committee minutes (Attachment C). On October 17, 2011, Council requested information on two other related topics and these are addressed below. 1)Expenditures for New Consultants The City Attorney’s Office has hired the following consultants to assist with the review of construction costs requested by Council. The table below shows the amount encumbered and the amount spent to date. City of Palo Alto Page 9 Contract Amount Amount Expended ZFA Structural Engineers $25,000 $19,581 Legal Counsel (Jarvis Fay)$75,000 $58,362 Reidinger Consulting (Scheduling)$85,000 $72,327 Legal Counsel (Otis & Iriki)$455,000 $440,113 Legal Counsel (Ginn & Crosby, LLP)$35,000 $17,923 David Neagley $275,000 $0 Project Controls & Forensics $100,000 $0 2)Outstanding Change Orders Proposed by the Construction Contractor (Flintco) In addition to knowing the amount of the change orders approved to date by the City (above), Council members asked the value of the outstanding change orders proposed by Flintco but not yet approved or rejected. This information is contained in Attachment D. The first graph in Attachment D shows both Potential Change Orders (PCOs), which is an internal list compiled by the City’s construction manager of certain work items that could eventually result in extra work claims,and actual Change Order Requests (CORs),a subset of the PCOs, which have been submitted by Flintco to date. The latest bi-monthly report concerning all Library Projects (“Palo Alto Library Projects”) is included as Attachment E. Resource Impact There are no resource impacts associated with providing the bi-monthly reports to Council. The approved change orders are within the Capital Improvement Program Project (CIP)Budget PE- 09006 for the MPL&CC project. Policy Implications There are no policy implications in providing the bi-monthly reports to Council. Environmental Review Providing bi-monthly reports on this topic to Council does not constitute a project under the California Environmental Quality Act (CEQA). Attachments: ·A -MPL COs # 43-48 (PDF) City of Palo Alto Page 10 ·B -LBOC Agenda_7-9-2013 (PDF) ·C -LBOC Minutes_4-23-2013 (PDF) ·D -MPL Financial Charts_6-30-2013 (PDF) ·E -PAL Bi-Monthly Report May-June 2013 (PDF) ·F -City Notice to Flintco_5-2-2013 (PDF) ·G -City Follow-up Letter to Flintco_6-17-2013 (PDF) Contract Change Order City of Palo Alto Department: Public Works Engineering Contract Number: C11136473 ~b~ntltact Change e':d~r R~r:t~ .. ''i;jJ,ree ~, cpnti~J~i!J ' , . , ' . ;, ~ 0 ," _~j< ~ • " • I "', ,I., ~ ~ '1 '~"-/' ,,_"..,~ 'j " " ,"~_ll:¥ " , . . , CONTRACTOR CERTIFICATION: The undersigned Contractor approves this Change Order as to the changes, if any, in the contract price specified for each line Item and as to the extension of time allowed, if any, for completion of the entire work on account of each Line Item, and agrees to furnish all labor and materials and perform all work necessary to complete any additional work specified therein, for the consideration stated therein. CLAIM PROCEDURE: Any items in Contractor's Change Order Request that are not included in this Change Order are hereby deemed rejected as of the date of this letter. If Contractor wishes to dispute this rejection, it may submit a Claim pursuant to Section 4.2 of the Contract General Conditions within thirty (30) days of the date of this Change Order. Accepted for Contractor: Accept~r City 2! Palo ~Ito: By: Signature Declined BY:£'rlJ~ Andy Brophy -Phil Bobel Title: Flintco -Project Manager Title: Assistant Director of Public Works Date: Date: tf/~(ff3 I I SCOPE OF WORK ... a: 0 N '2-"'t.. 11) 0 :IE ~ U) 0 0 Il. 0 <C u.. 0 Description Amount 111 184 81 Granite Bollards and Accent Stones at Arch-Adjustment -2,977 154.2 582 1166,2 PhotoVoltaic System Permit Set -479 171.2 348 736 105 1095 ASI105 Wood Slat Steel Supports 23,449 171.3 348 1314 1095 RFI 1314 WD Slat support A206 Col AC/A5 clearstory Included 171.4 348 1315 1095 RFI1315 Wd Slat Steel Bldg A (A206) Col AC/A5 Included 171.5 348 1331 1095 RFI1331 Wood Slat Steel Supports (C139) Included 171.6 348 1380 1095 RFI 1380 Wood Slat Steel Supports Bldg C Included 186.2 577 577.3 1174 RFI 577.3 Drain Piping at VRF 2nd Floor Bldg A -976 300 464 123 1090 ASI 123 Vertical Trellis Bldg A 9,245 331.2 672 1165.1 1197 RFI 1165.1 AHU-2A Copper Piping 4,895 426 561 1526 163 1096.1 ASI 163 Valves & Controls AHU, FCU & Water Systems 13,942 483 648 1495 065 1204 RFI1495 C02 Sensor at Shelving 2/F Bldg A 750 Total for this change order 47,849. 1. Potential Change Order 3. Request for Information 5. Field Order or Extra Work Authorization 2. Change Management 4. Architect's Supplemental Instructions 6. Change Order Request Note: This Change Order is being issued unilaterally by the City. The basis for the adjustment in the contract sum was determined by the City pursuant to Section 7.2.4 (iii). Contractor has indicated that it is unwilling to execute a Change Order because it does not wish to be bound by subsection 7.2.13 of the Contract General Conditions. The City's action in approving this unilateral Change Order is intended to ensure fair and prompt adjustment to the Contract Sum. In doing so, the City expressly disavows any intent to waive or any actual waiver of any of the Contract provisions regarding Change Orders. All provisions of the Contract Documents remain in full force and effect. ApPENDIX B -CONTRACT CHANGE ORDER PAGE20F3 Contract Change Order City of Palo Alto Department: Public Works Engineering Contract Number: C11136473 t'":G}~Q'tt:aefe'n~q'ye';~~~~d-~~'~M~~~~~~~~:~~:p~i~~~~~:,':~ ":~t ~:',,: :,' ::', ':~',',:' :': ,', < .. ',<',i':-,;' ,:':':~' .,":" \ ,,:'" ," ":' .. :':~ l ,,~ I .,... ~., ~ ~, , .. c~ -~ J. "-~ __ • 'i> __ ''''~.,,~, "-_~ ~( '.I.T y ~ .:...:.t ~~ ~ -_ ~ «. ~ "'''~ .. ,, "' ... ~" L}, ,.' '-'it'. 1", ~ __ \j' • C", _, --, _. _ , ,( -"1 ,II CONTRACTOR CERTIFICATION: The undersigned Contractor approves this Change Order as to the changes, if any, in the contract price specified for each Line Item and as to the extension of time allowed, if any, for completion of the entire work on account of each Line Item, and agrees to furnish all labor and materials and perform all work necessary to complete any additional work specified therein, for the consideration stated therein. CLAIM PROCEDURE: Any items in Contractor's Change Order Request that are not included in this Change Order are hereby deemed rejected as of the date of this letter. If Contractor wishes to dispute this rejection, it may submit a Claim ursuant to Section 4.2 of the Contract General Conditions within thirt 30 da s of the date of this Chan e Order. Accepted for Contractor: Accepted for Cit of Palo Alto: By: Signature Declined By: Title: Andy Brophy Title: Flintco -Project Manager Date: Date: SCOPE OF WORK "'0 .., '?.. "t-Il) "'0:: (.) :e I.L en 0 0 0. (.) 0:: « I.L (.) Description Amount 294 407 1089 1193 RFI 1089 Flashing for EF Curbs Bldg B&C 1,650 355 503 133 1093 ASI 133 & 133.2 Sidewalk Grade 3,589 133.2 370.1 567 988 165 1053R1 ASI 165 FD-3 Diffusers and Controls Bldg A 8,855 381 507 1261 1051 RFI 1261 Duct Shaft Enclosure (A222) 1,275 401.5 699 1274 147 052 1184 ASI147 Linear Floor Diffuser Color 14,006 468 618 1424 1207 RFI 1424 Duct Adapter Rectangular to Oval Bldg A 924 Total for this change order 30,299. 1. Potential Change Order 3. Request for Information 5. Field Order or Extra Work Authorization 2. Change Management 4. Architect's Supplemental Instructions 6. Change Order Request Note: This Change Order is being issued unilaterally by the City. The basis for the adjustment in the contract sum was determined by the City pursuant to Section 7.2.4 (iii). Contractor has indicated that it is unwilling to execute a Change Order because it does not wish to be bound by subsection 7.2.13 of the Contract General Conditions. The City's action in approving this unilateral Change Order is intended to ensure fair and prompt adjustment to the Contract Sum. In doing so, the City expressly disavows any intent to waive or any actual waiver of any of the Contract provisions regarding Change Orders. All provisions of the Contract Documents remain in full force and effect. ApPENDIX B -CONTRACT CHANGE ORDER PAGE20F3 Contract Change Order City of Palo Alto Department: Public Works Engineering Contract Number: C11136473 "~ I ~ -,' ~ ""<''''''~-''':i''''' l"'~~->~'-~='--., '>-'""'i:~-~''''""'Tf'l',,,,-.,r.,,~<~~,, ..... \"~ ",,-. , --"~ u ~ ~!~ "'~--EJ~ola~ra'et~Jli;mge,2~t:fi!~~~'i=£~"fff~;ii;~~,S'~,~~~!~~§~(,:: ',' .. ' ,; ,,': .',{"" ~', ~''"''''''':~:'' " , r "~.. . ~ • '<. t_ },'f. F.,,~ £. ~r. ~"" ':.~~ ,~,' .;o.A , .. 0' ", __ ,~",~" :!~~ ~,,~ .,,:;1 _,,,-.'1'_,. ,..."-~;.; ,< ,_ ,-)' z "" ,~,·~d h' >.!. ~ .' '-'_ • _ .' CONTRACTOR CERTIFICATION: The undersigned Contractor approves this Change Order as to the changes, if any, in the contract price specified for each Line Item and as to the extension of time allowed, if any, for completion of the entire work on account of each Line Item, and agrees to furnish all labor and materials and perform all work necessary to complete any additional work specified therein, for the consideration stated therein. CLAIM PROCEDURE: Any items in Contractor's Change Order Request that are not included in this Change Order are hereby deemed rejected as of the date of this letter. If Contractor wishes to dispute this rejection, it may submit a Claim ursuant to Section 4.2 of the Contract General Conditions within thirt 30 da s of the date of this Chan e Order. Accepted for Contractor: Accepted for Citll f Palo Alto: By: Signature Declined By: Title: Andy Brophy Flintco -Project Manager Title: Date: Date: SCOPE OF WORK "'0 N .., ... I/) ~ 0 :E u: (j) 0 0 c. 0 0:: <C u.. 0 Description Amount 186.2 577 1174adj C0-43 Deleted Column Cover Credit Revised 801. 681 352 485 1111 1209 NSC Tank Copper Vent Material 14,173. 1111.1 1111.2 378 493 1225 1162 Refridgerant Pipe Flashing hood 5,475. r Library Entray Under Floor Ductwork and 418 485 158 1209 Terrazzo epoxy sand fill upgrade A103 and B101b 27,518. Coordinate & adjust resin floor at cafe counter no cost 434 690 164 1187 FQ1 Stack Lighting perpendicular to s. wall room A202 20,581 r 434 1427.1 095 FR1 Stack Light on south wall of room A203 Inc void 434 566 1427.2 164 FR1 Stack light deleted on south wall of Room A202 Inc Closed 452 596 176 1089r2 Metal Planters 6,148. 497 657 1513 187 1183r1 Cafe and Kitchen revisions per ADA 9,264. I / Total for this change order 83,960. v 1. Potential Change Order 3. Request for Infonnation 5. Field Order or Extra Work Authorization 2. Change Management 4. Architect's Supplemental Instructions 6. Change Order Request Note: This Change Order is being issued unilaterally by the City. The basis for the adjustment in the contract sum was determined by the City pursuant to Section 7.2.4 (iii). Contractor has indicated that it is unwilling to execute a Chang~ Order because it does not wish to be bound by subsection 7.2.13 of the Contract General Conditions. The City's action in approving this unilateral Change Order is intended to ensure fair and prompt adjustment to the Contract Sum. In doing so, the City expressly disavows any intent to waive or any actual waiver of any of the Contract provisions regarding Change Orders. All provisions of the Contract Documents remain in full force and effect. ApPENDIX B -CONTRACT CHANGE ORDER PAGE20F3 Contract Change Order City of Palo Alto Department: Public Works Engineering Contract Number: C11136473 CONTRACTOR CERTIFICATION: The undersigned Contractor approves this Change Order as to the changes, if any, in the contract price specified for each Line Item and as to the extension of time allowed, if any, for completion of the entire work on account of each Line Item, and agrees to furnish all labor and materials and perform all work necessary to complete any additional work specified therein, for the consideration stated therein. CLAIM PROCEDURE: Any items in Contractor's Change Order Request that are not included in this Change Order are hereby deemed rejected as of the date of this letter. If Contractor wishes to dispute this rejection, it may submit a Claim ursuant to Section 4.2 of the Contract General Conditions within thirt 30 da s of the date of this Chan e Order. Accepted for Contractor: Accept City of Palo Alto: By: Signature Declined By: Title: Andy Brophy Title: Flintco -Project Manager Date: Date: SCOPE OF WORK . "0 C'I ., "t-Il) D:: 0 :E u:: en 0 0 13. 0 0:: c( LI. 0 Description Amount 101.3 576 022 1113 ASI 022 Granite Treads Stairs 2 & 3 Bldg A 1,993 304.3 692 076 1215 Pavers South of Southeast Driveway 3,857 342 497 1249 125 1062 ASI125 Double Door & Steel Under Window Teen Room (A104) 6,016 393 509 1198.1 1107 RFI 1198 & 1198.1 Ladder Safety Post NSC Tank 1,050 405 506 1278 1064 RFI1278 Compressed Lugs for Electrical Equipment -Settlement 4,500 430 555 1310.1 1160 RF11310.1 Accent Stone Soils Compaction 562 435 569 167 1136 ASI 167 Wharf Hydrant Location in Courtyard 5,141 451 588 1402 1110 RFI 1402 Stair 2 Angle Support Modification 1,009 457 646 1486 200 066 1195 ASI200 Exhaust Ventilation Tech Services (A216) 2,954 458 593 1152 Signage Foundations 338 485 640 1482 1180 RFI1482 Guardrail Receptacle Conflict East Terrace Bldg A 1,887 509 673 203.1 1185 ASI 203.1 NDS EZ-Drains at Landscape Areas 5,090 988, 1274, 1274.1, 19,49, 517.2 1274.2, 1274.3, 129, 147, Floor Diffuser and Plenum Box Reconciliation -2,921 1535, 1536 165 525 713 208 1218 ASI 208 Plant Substitutions Courtyard 157 528 714 210 1228 ASI 210 Granite Seat Paver at Beasley Sculpture 155 Total for this change order 31,788. 1. Potential Change Order 3. Request for Information 5. Field Order or Extra Work Authorization 2. Change Management 4. Architect's Supplemental Instructions 6. Change Order Request Note: This Change Order is being issued unilaterally by the City. The basis for the adjustment in the contract sum was determined by the City pursuant to Section 7.2.4 (iii). Contractor has indicated that it is unwilling to execute a Change Order because it does not wish to be bound by subsection 7.2.13 of the Contract General Conditions. The City's action in approving this unilateral Change Order is intended to ensure fair and prompt adjustment to the Contract Sum. In doing so, the City expressly disavows any intent to waive or any actual waiver of any of the Contract provisions regarding Change Orders. All provisions of the Contract Documents remain in full force and effect. ApPENDIX B -CONTRACT CHANGE ORDER PAGE20F3 ./ V ./ Contract Change Order City of Palo Alto Department: Public Works Engineering Contract Number: C11136473 t .~, "t? I' '.,.. 'If ' ,', > '< " ' I ,'; • ,'.r,,' ",-", 'J , , ~ ''1 , , ' ,,~~ '. " ' , ' ' , ' " , , , " ti~~''!!t1~~:~·cZ~~~€I;,~:~,:~~~ 1f.Q'~~~~~;'f~.fi!,.+:;·~f!'!:tJi:np:~tiJ: . .' ' " \'~i' \ ':', '.' "" ',':' , " , 1 , ~ -:." • ~ -j CONTRACTOR CERTIFICATION: The undersigned Contractor approves this Change Order as to the changes, if any, in the contract price specified for each Line Item and as to the extension of time allowed, if any, for completion of the entire work on account of each Line Item, and agrees to furnish all labor and materials and perform all work necessary to complete any additional work specified therein, for the consideration stated therein. CLAIM PROCEDURE: Any items in Contractor'~ Change Order Request that are not included in this Change Order are hereby deemed rejected as of the date of this letter. If Contractor wishes to dispute this rejection, it may submit a Claim pursuant to Section 4.2 of the Contract General Conditions within thirty (30) days of the date of this Change Order. Accepted for Contractor: Accept~r Cituf Palo Alto: By: Signature Declined BY:f~ Title: Andy Brophy • -'=-"'" Phil Bobel Flintco -Project Manager Title: Assistant Director of Public Works Date: Date: ~dl!~ I I SCOPE OF WORK ~o N '" "L II) ~ 0 :il u: tn 0 0 Il. 0 ~ < u.. 0 Description Amount 154.3 636 731 1178 RFI 731 Paint GSM Cap Flashing for PV Curbs Bldg A 1,471 ./ 175.4 695 1558 1201 RFI1558 Aluminum Angle and Paint 946 ./ 217.5 701 127 1200 ASI127Telecom Cabling 1,588 V 257.2 686 111 1188 ASI 111 Rework Column Ceiling Slope Revision Bldg A 995 ,/ 266.2 649 894 1149 RFI 894 Motor Starters Exhaust Fans Mechanical Yard 2,962 ./ 365.2 671 071 1219 Blackout Painting Above Bldg A Entry & Bldg C Classrooms 2,610 ,/ 072 398.2 700 1286 1198 RFI 1286 Reroute Fire Sprinkler for Tunnel Bldg C 393 V 404 524 1043.2 1073.1 RFI 1043.2 Electrical for Green Wall Control Panel -Settlement 2,142 ./ 419 543 1333 1114 RFI1333 Closure Panel North CW Bldg A 1,139 ./ 444.2 705 171 1214 ASI 171 Engineering Ceiling Framing 938 ./ 449 586 1397 1127 RFI 1397 Exterior Soffit Bldg B South Elevation 1,230 ,/' 456 599 479.1 179 1132 ASI 179 Night Sky Cooling Riser Room (A233) 2,836 ./ 464 611. 061 1220 Shim Aluminum Angle for Stonework at Door Frames 3,004 v 488 658 191 1179 ASI 191 HC Pull Straps at Lockers 362 .,/ 500 650 1103.1 1203 RFI 1103.1 Soffit at Drift Clips Bldg A (A208) 1,419 ./ 502 652 1504 1181 RFI1504 LF1 Type Light Fixtures Beasley Sculpture ' 669 ,/ 510.2 674 073 1211 FO-073 Furred Drywall Partition Bldg A (A205! A231) 590 t/ 510.3 675 073 1213 FO-073 Furred Drywall Partition Bldg A (A137A) 420 t/ 530 655 1445 1194 RFI1445 Green Roof Irrigation Connection 2,813 V 535 709 1577 1221 RFI1577 Bench Back at Casework (A108) 862 ./ Total for this change order 29,389. v' 1. Potential Change Order 3. Request for Information 5. Field Order or Extra Work Authorization 2. Change Management 4. Architect's Supplemental Instructions 6. Change Order Request ApPENDIX B -CONTRACT CHANGE ORDER PAGE20F4 Contract Change Order City of Palo Alto Department: Public Works Engineering Contract Number: C11136473 CONTRACTOR CERTIFICATION: The undersigned Contractor approves this Change Order as to the changes, if any, in the contract price specified for each Line Item and as to the extension of time allowed, if any, for completion of the entire work on account of each Line Item, and agrees to furnish all labor and materials and perform all work necessary to complete any additional work specified therein, for the consideration stated therein. CLAIM PROCEDURE: Any items in Contractor's Change Order Request that are not included in this Change Order are hereby deemed rejected as of the date of this letter. If Contractor wishes to dispute this rejection, it may submit a Claim pursuant to Section 4.2 of the Contract General Conditions within thirty 30) days of the date of this Change Order. Accepted for Contractor: Accept City of alo Alto: By: Signature Declined Title: Andy Brophy Flintco -Project Manager Date: .... 0 '" .., "I:... tn (.) :;E u: U) 0 Il. (.) 0::: <C 1L 390 512 1272 407 525 1279.1 415 549 1354 155 545 727 1. Potential Change Order 2. Change Management By: Title: Date: SCOPE OF WORK U) 0::: 0 (.) Description 1067 R,F11272 Counter Support Furring Bldg B (8104) -Settlement 1074 RFI 1279.1 Conduit Seals -Settlement 1142 ASI 155 Door Hardware & Light Switch -Settlement 1229R2 AC in NW Parking Lot (1000 SF) Total for this change order Amount 2,465 1,025 990 12,331 16,811. / ,/ / ./ / 3. Request for Infonnation 5. Field Order or Extra Work Authorization 4. Architect's Supplemental Instl1lctions 6. Change Order Request Note: This Change Order is being issued unilaterally by the City. The basis for the adjustment in the contract sum was determined by the City pursuant to Section 7.2.4 (iii). Contractor has indicated that it is unwilling to execute a Change Order because it does not wish to be bound by subsection 7.2.13 of the Contract General Conditions. The City's action in approving this unilateral Change Order is intended to ensure fair and prompt adjustment to the Contract Sum. In doing so, the City expressly disavows any intent to waive or any actual waiver of any of the Contract provisions regarding Change Orders. All provisions of the Contract Documents remain in full force and effect. ApPENDIX B -CONTRACT CHANGE ORDER PAGE2oF3 Agenda Library Bond Oversight Committee Quarterly Meeting Tuesday, July 9, 2013 7th Floor Conference Room 4:00 PM – 5:30 PM Committee Members: Sandra Hirsh (Chair), Alice Smith (Vice-Chair), John Melton, Dena Mossar, James Schmidt Staff: Phil Bobel (Public Works), Brad Eggleston (Public Works), Debra Jacobs (Public Works), Richard Hackmann (Public Works), Monique leConge (Library), Joe Saccio (Administrative Services), Tarun Narayan (Administrative Services), Jim Pelletier (City Auditor’s Office), Cara Silver (City Attorney’s Office) Others: ROLL CALL ORAL COMMUNICATIONS APPROVAL OF MINUTES – April 23, 2013 AGENDA REVIEW & REVISIONS UNFINISHED BUSINESS 1. DISCUSSION – Construction Progress a. Mitchell Park Library & Community Center NEW BUSINESS 2. DISCUSSION - Update on Main Library Project a. Construction Progress and Schedule b. Bond Issuance 3. DISCUSSION - Draft Financial Report Summary from Administrative Services a. Expenditures to Date – Summary Spreadsheet 4. ACTION - Approval of Quarterly Report to Finance Committee 5. Next Steps a. Next Meeting – Tuesday, October 22, 2013 or another date? 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. Sign language interpreters will be provided upon request with 72 hours in advance notice. Meeting materials will be provided at the meeting. Visit www.cityofpaloalto.org or call (650) 617-3174 for more information. 1 Minutes Library Bond Oversight Committee Quarterly Meeting Tuesday, April 23, 2013 7th Floor Conference Room 4:00 PM – 5:30 PM Committee Members Present: Sandra Hirsh (Chair), Alice Smith (Vice-Chair), John Melton, Dena Mossar Committee Members Absent: James Schmidt Staff: Phil Bobel (Public Works), Brad Eggleston (Public Works), Debra Jacobs (Public Works), Richard Hackmann (Public Works), Monique leConge (Library), Joe Saccio (Administrative Services), Tarun Narayan (Administrative Services), Jim Pelletier (City Auditor’s Office), Cara Silver (City Attorney’s Office) Others: ROLL CALL ORAL COMMUNICATIONS APPROVAL OF MINUTES – February 5, 2013  Approved as amended 4-0 o Amendment: fix typos AGENDA REVIEW & REVISIONS UNFINISHED BUSINESS 1. DISCUSSION – Construction Progress a. Mitchell Park Library & Community Center  Melton recommended going back and recalculating the percent complete  Pellentir asked to make sure that Change Orders (CO’s) are accounted for in the percent complete figure  Hackmann said staff has been working on refining the percent complete figure  Eggleston and Jacobs explained staff is continually working through issues related to the percent complete figure with Turner and Flintco  Mossar said that it is the LBOC’s job to ensure that there is enough money to complete the project and that the LBOC needs to know all outstanding 2 charges related to the project to determine the City’s vulnerability  Smith then asked for an explanation of the worst case scenario  Eggleston suggested that staff bring back more information on this at the next meeting  Smith encouraged far greater attorney involvement in all meetings between staff and Turner and/or Flintco  Melton encouraged staff to email information to the LBOC if completed earlier than the next meeting b. Temporary Main Library  Eggleston said that the Temporary Main Library bookshelves have arrived, the shelving has been installed, the office furniture and check out machines are in place, and Main will close on April 30th with Temporary Main opening May 3rd  leConge said that Temporary Main is very small, has very little shelving, reduced hours, and is meant to be an in-and-out or pick-up library 2. DISCUSSION – Design Progress a. Main Library  Eggleston said the design is done and the permits are ready  Eggleston said the project went out to bid in early March, bids were opened April 9th, and of the five pre-qualified contractors four submitted bids  Eggleston said the engineers estimate was $15.9 M and one bid was well below that and most bids were $2-3 M above that  Eggleston said that the low bidder did not submit to the City the additional, necessary paperwork and withdrew their bid  Eggleston said the City is working with the City Attorney’s Office on whether or not they can cash in their bid bond  Eggleston said the low bid now is now approximately $17.7 M with SJ Amoroso Construction Company  Eggleston said SJ Amoroso is a union contractor that does a lot of public sector work  Eggleston said the buffer between the costs and the bonds is narrowing but for reasons such as a new roof at the Main Library the City can dip into the infrastructure reserve  Mossar said that the extra infrastructure projects (like roofing at Downtown Library) may put the total library projects budget over the amount approved by the voters. We should know in advance how this would be handled.  Eggleston added that staff will recommend the City accept the SJ Amoroso bid and not re-bid the project o leConge agreed with this  leConge said the Palo Alto Library Foundation has achieved their $4 M fundraising goal 3 NEW BUSINESS 3. DISCUSSION - Update on Main Library Project a. Bidding and Construction Schedule  See 2A notes b. Preparation of Bond Issuance  Narayan gave an update on the status of the bond issuance  Narayan said staff will ask Council on May 6th for the authority to issue the remainder of the bonds  Narayan said if Council approves that request the bonds will go to market in June with the intent to close the bond issuance by the end of June 4. DISCUSSION - Draft Financial Report Summary from Administrative Services a. Expenditures to Date – Summary Spreadsheet  Narayan said there have been $560,000 in expenses since the last report  Narayan explained the additional detail he added to the financial report since the last meeting  Eggleston again explained additional expenses to the Main Library and that those can come from the General Fund if necessary because they were not included in the bond estimate  Pelletier said to update the figure for the next meeting on the Main Library and the reasons for the budget increases  Pelletier asked why pages five to 16 of the financial report were included o Narayan said those pages are provided because the LBOC asked for that level of detail on expenditures  Pelletier asked about the difference between the contract amount and what has been paid 5. ACTION - Approval of Quarterly Report to Finance Committee  Approved as amended 4-0 (moved by Mossar, seconded by Melton) o Amendment: the LBOC Chair will add a paragraph to the Finance Committee transmittal letter highlighting LBOC concerns about future costs o Smith also requested that language be added stating that the LBOC financial reports are not independently audited 6. Next Steps a. Next Meeting – Tuesday, July 23, 2013 or another date?  The July 23, 2013 meeting was moved to July 9, 2013 $0 $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 $7,000,000 $8,000,000 Co s t Percent Completion Mitchell Park Library Approved Change Orders (CO's) and Outstanding Potential Change Orders (PCO's) Approved CO's Outstanding PCO's Flintco COR's 10% Contingency 20% Contingency 4.19 (DT) 5.21 (DT) 4 (DT) $45.56 (Mitchell) $49.04 (Mitchell) $50 (Mitchell) $22.39 (Main) $20.1 (Main) $18 (Main) 1.33 (Other) 1.65 (Other) 4 (Other) Cu r r e n t P r o j e c t i o n En g i n e e r ' s E s t i m a t e Bo n d E l e c t i o n Es t i m a t e Dollars (Millions) Library Bond Fund Utilization Projections (June 2013) Mitchell Park Library Main Library Temporary Libraries & Bond Costs $76M $73.47M $76M $29.24 (Flintco) $5.83 (Turner) $6.02 (Group 4) $4.47 (Other) Palo Alto Library Projects Bi-Monthly Progress Report May/June 2013 Mitchell Park Library & Community Center Main Library Mitchell Park Main Entry Table of Contents I. Mitchell Park Library & Community Center  Status Report  Management Summary  Schedule Milestones II. Main Library  Status Report III. Financial Summary Mitchell Park Library & Community Center 3700 Middlefield Road, Palo Alto The new Mitchell Park Library and Community Center is a highly sustainable joint-use facility that will be a vibrant destination for civic, cultural, social, educational, and recreational activities. The new center, which will replace undersized and aged facilities, is made possible through Measure N and the strong partnership between the city and the community. During construction, temporary library and teen center facilities are available at the Cubberley Community Center. WEB CAM LINK: http://173.164.239.206/view/viewer_index.shtml May/June 2013 PROJECT CONSTRUCTION CONSTRUCTION BEGAN: September 2010 ANTICIPATED OPENING: Late 2013 PROJECT TEAM OWNER: City of Palo Alto Public Works ARCHITECT: Group 4 Architecture GENERAL CONTRACTOR: Flintco Pacific, Inc. CONSTRUCTION MANAGER: Turner Construction Company FOR MORE INFORMATION www.cityofpaloalto.org/gov/topics/pro jects/facilities/library/default.asp KEY ACCOMPLISHMENTS  Carpeting and terrazzo flooring installation commenced  Cabinet installation commenced  Green Wall completed  Three HVAC systems online UPCOMING ACTIVITIES  Exterior painting and trim  Interior ceilings in progress  Finish carpeting  Finish cabinets Mitchell Park Library Shelving Installation Commenced Library Roofing Started May/June 2013 Mitchell Park Library Green Wall Photos Mitchell Park Library & Community Center Management Summary May/June 2013 Noteworthy Accomplishments  Carpeting and terrazzo flooring installation commenced  Cabinet installation commenced  Green Wall completed  Three HVAC systems online Current Project Challenges:  Processing the high volume of change documentation and providing direction o Flintco reports submittal of 97 more change order requests is still pending o Weekly review meetings are in progress  The pace of work needs to pick up with more manpower assigned to critical path activities  Disputes over non-compliant work needs resolution Safety  Public Safety is a priority outside the fence. No incidents reported to date. Quality Control  City and Special Inspection Work: o Work needs to be ready when inspection is requested o Work should pass inspection the first time  Quality Control Observation Reports: o Open reports for above ceiling and under floor work need to be signed off o Remedial sliding glass doors work is in progress Mitchell Park Library & Community Center Schedule Milestones May/June 2013 Mitchell Park Library & Community Center Completion Plan (Updated 7/31/2013) Building Interior (Project Wide) City Target Date Mechanical/Electrical/Plumbing (MEP) Rough-in 8/5 Fire Life Safety Systems Online 8/8 Grid for Sloped Ceilings 8/9 HVAC System in C-South Online (Heat) 8/13 Interior Painting 8/13 Elevator Final Inspection 8/21 Begin System Furniture & Casework* 8/26 Automated Handling System 8/30 Staff Moves In (Substantial Completion; TCOO)** 9/25 Open To Public (COO) Late 2013 Building Exterior (Project Wide) City Target Date Exterior Stone 8/7 Exterior Painting 8/9 Final Parking Lot Paving 8/12 Art Work 9/30 *Air-out of buildings commences (14 day process) **Inspections completed and a small number of punch list items remain. All fire safety requirements are met. Main Library 1213 Newell Road, Palo Alto Exterior View May/June 2013 2011 PROJECT CONSTRUCTION CONSTRUCTION BEGINS: Summer 2013 ANTICIPATED OPENING: Late 2014 PROJECT TEAM OWNER: City of Palo Alto Public Works ARCHITECT: Group 4 Architecture CONSTRUCTION MANAGER: Nova Partners FOR MORE INFORMATION www.cityofpaloalto.org/gov/topics/pro jects/facilities/library/default.asp KEY ACCOMPLISHMENTS  Demolition work commenced including asbestos abatement UPCOMING ACTIVITIES  Complete lobby demolition  Complete roof demolition  Commence geo-thermal wells The Palo Alto Main Library renovation and addition is in the final phase of design “Better Libraries for Palo Alto” projects, funded by the passage of Measure N by voters in 2008. The project incorporates upgrades to the historic building’s structural, electrical and mechanical systems while preserving the integrity of architect Edwards Durrell Stone’s iconic design. The new addition includes a program room and additional restrooms to extend the services of this heavily-used branch. The project targets LEED certification. MEASURE N ENGINEER'S ESTIMATE PROJECTED RESERVES 09010 Cubberley Temporary Library 645,000 619,687 25,313 09005 Downtown Library 4,000,000 5,212,000 4,191,782 1,020,218 09006 Mitchell Park Library & C.C.50,000,000 49,043,000 45,563,014 3,479,986 11000 Main Library 18,000,000 20,100,000 22,392,578 -2,292,578 11010 Art Center Temporary Library 500,000 528,232 -28,232 Bonding and Financing Costs 4,000,000 500,000 185,320 314,680 BONDED AMOUNT 76,000,000 76,000,000 73,480,613 2,519,387 Thru June 2013 PALO ALTO LIBRARIES BOND MEASURE N PROJECTS FINANCIAL SUMMARY BUDGET COSTS Last updated 7/30/2013 CITY OF PALO ALTO OFFICE OF THE CITY MANAGER 250 Hamilton Avenue. 7th Floor Palo Alto. CA 94301 650.329.2392 May 2, 2013 Mr. Tom Maxwell, President and CEO Flintco Pacific 401 Derek Place Roseville, CA 95678 VIA CERTIFIED MAIL AND ELECTRONIC MAIL Re: Mitchell Park Library and Community Center Project, Palo Alto Palo Alto Contract No. CII136473 NOTICE TO CORRECT DEFECTIVE WORK; NOTICE TO SUBMIT ACTION PLAN FOR PERFORMING UNCOMPLETED WORK AND NOTICE OF INTENT TO INVOKE DEFAULT PROCEEDINGS Dear Mr. Maxwell: We remain very concerned with the pace and quality of the construction at the Mitchell Park Library and Community Center project ("Project") in Palo Alto. The Project is now approximately one year behind schedule. Work crews are quitting or failing to show up to the job site on a regular basis. The number of workers on site on a typical day falls considerably short of what would be expected, and does not support significant progress on either available work or essential corrective work. On days when crews are present, Flintco is not adequately coordinating or supervising trades. Much of the work fails building department inspections, or is identified on site as not complying with the Contract requirements. Most troubling is that Flintco has submitted no plan for completing the Project any time soon. The City has repeatedly informed Flintco of these problems in weekly team meetings and regular correspondence, observation reports, corrective action reports, and inspection reports. The City put Flintco's surety on notice of these problems earlier this year (see attached letter dated January 18,2013) and has requested that it intervene to resolve these problems on multiple occasions. The City hoped there would be an improved approach to managing the project when Flintco's parent company was sold to Alberici Corporation. The reorganized senior management does not appear to have taken any significant steps to address the City's concerns. The City has attempted to motivate Flintco to complete the job by regular partnering meetings, field team motivators and even financial incentives. Nothing has worked. C i tyOf Pa I oA I to.o rg Printed With soy-based inks on 100% lecycled paper processed without chlOrine. Page 1 of4 The schedules provided by Flintco show slippage each month. Recently, the slippage has been so extensive that the schedule now indicates we are no closer to completion than we have been for many months. In fact, Flintco has actually lengthened the schedule due to completed work that must be torn out and re-done. This constant rework on the part of Flintco is impacting its subcontractors' willingness to maintain adequate crews at the Project. The latest schedule (submitted on 4/25/13) is the most alarming one yet as it shows extending completion from October 8 to November 22,2013. Flintco's own schedule estimates it will take seven additional months to complete a project that is already approximately one year late. In light of Flintco's schedules and the lack of progress on site, it is reasonable to conclude that the Project will not be completed for months without dramatic and immediate change. We must now embark on a course of action to effect a dramatic change quickly and a return to a normal and acceptable work pace. To that end, we are issuing this letter pursuant to sections 12.2.2 and 12.2.3 of the Contract's General Conditions requiring correction of defective work and establishing time frames for action. If these actions are not taken and dates are not met, the City anticipates issuing a Default Notice pursuant to section 15.2 of the Contact. The required actions fall into three categories and are described below and in the referenced attachments to this letter. Category I: Urgent Corrective Actions There are five components of the Mitchell work that need immediate corrective action. Those five components are summarized in Attachment I and described in Attachments LA through I.E. This letter constitutes your notice pursuant to sections 12.2.2 and 12.2.3 of the Contract's General Conditions that corrections must be commenced within 7 days of this notice and completed by May 30,2013. Category II : Correction of all identified Defective Work The Contract General Conditions section 3.6.1 provides that the methods and procedures adopted by Contractor shall be such as to secure a quality of Work satisfactory to City and to enable completion of the Work in the time agreed upon. Per General Conditions section 3.3.1, Contractor shall be in charge of and responsible for all portions of the Work of the Contract, and shall be responsible for conforming such portions to the requirements of the Contract Documents and readying such portions to receive subsequent Work. Lastly, per section 12.2.2 Contractor shall correct Defective Work that becomes apparent during the progress of the Work. Flintco has produced defective work which is identified in the following three Attachments: II.A. Inspection (Request) log II.B. Turner/ABB Master QAlQC log (Site Observation Report) II.C. Group 4 Architects Field Observation Log (This includes observation logs from Group 4 and its consultants). C ityOfPa I oAI to.o rg Printed with soy-based inks on 100% recycled paper processed without chlorine. Page 2 of4 The Site Observation Reports and Quality Control Field Observation logs which describe defective work have been sent to Flintco via multiple emails and reviewed in the Owner, Architect, Contractor Meetings. The Turner/ ABB Master QAlQC logs have been provided to Flintco numerous times (throughout April, May, and June 2012 and an outstanding open issues log was provided on 7/11/12, 7117112, 8/31/12, & 11/07112 ). We also sent you the Site Observation Report for the ABB "General Waterproofing Site Visit Report for Building A 9 11 12" on 9-20-12. Lastly, the Inspection Request logs and resulting Inspections are always available on Sharepoint for Flintco to view at any time. The City has requested Flintco to correct the items on the logs or provide the City with a corrective action plan and timeline for completing the work. In addition, the City has requested to be advised when actions have been completed, so that they can be field verified by the City's appropriate agents. Flintco has either failed to correct the items, failed to complete a corrective action plan and/or failed to notify the City of any completed correction. Therefore, this letter constitutes notice to Flintco pursuant to sections 12.2 of the Contract's General Conditions that corrective action is required. Within 14 days of this notice, Flintco is required to submit to the City a detailed Plan of Correction showing with respect to each item on the three logs: (1) Certifying that the corrective work has been completed and is ready for a field re-inspection or (2) If the work has not been completed, a plan for correcting it and the date on which it will be corrected. Category III: Commencement of Available Work The City has, at each Wednesday's Owner, Architect, Contractor (O.A.C.) Meeting, requested Flintco to begin work in areas where work is available to Subcontractors. The pace of work is not sufficient in large part because staffing has not been assigned to work on building components which are available for such work. To avoid a default notice pursuant to Section 15.2 of our Contract, Flintco must submit a Staffing Plan of work for the areas listed below within 7 days and execute that plan immediately thereafter. The Staffing Plan shall list the Subcontractor, the number of workers and the dates to be worked to address the areas raised in Attachment IILA. Please respond to each of the requirements outlined above by the specified time frame. Failure to do so will result in further action pursuant to our Contract. Sincerely, [List of Attachments on Next Page] C i tyOfPa I oAI to.o rg Printed With soy-based inks on 100% recycled paper processed without chlOrine. Page 3 of4 Attachments A. Letter dated January 18,2013 Category I Attachments: Urgent Corrective Actions Summary of Items Requiring Urgent Corrective Actions LA. Remaining deficiencies in the Sliding Glass Doors as described in Attachment LA. I.B. Deficiencies in the Title 24 Glazing Certification as described in Attachment I.B. I.C. Replacement of Cabling in Bldgs. B & C as described in Attachment I.C. I.D. Correction of walls not meeting ADA clearances as described in Attachment I.D. I.E. Correction of Waterproofing in Building A Shower Rooms as described in Attachment I.E. Category II Attachments: Correction of All Identified Defective Work II.A. Inspection (Request) log. Attachment II.A. II.B. Turner/ ABB Master QAlQC log. Attachment II.B. II.C. PA G4 Field Observation Log (This includes observation logs from Group 4 and its consultants). Attachment II.C. Category III Attachments: Commencement of Available Work III.A. Areas for Commencement of Available Work cc: John Stump, Senior Vice President of Flintco Pacific Mark D. Wood, Fidelity and Deposit Company of Maryland, Bond Number PRF08975391/82198910 Alex Dam, Federal Insurance Company, Bond Number PRF08975391/82198910 Jim Hamel, Zurich American Insurance Company Tom Tripp, Turner Construction J. Michael Sartor, Director, Public Works, City of Palo Alto Phil Bobel, Assistant Director, Public Works, City of Palo Alto Molly S. Stump, City Attorney, City of Palo Alto C ityOfPa I oA I to.o rg Printed With soy-based inks on lOO% recycled paper processed without chlorine. Page 4 of4 CITY OF PALO ALTO PUBLIC WORKS DEPARTMENT PO Box 10250 Palo Alto, CA 94303 650.329.2151 June 17,2013 Mr. Tom Maxwell President and CEO Flintco Pacific 401 Derek Place Roseville, CA 95678 VIA CERTIFIED MAIL AND ELECTRONIC MAIL Re: Mitchell Park Library and Community Center Project, Palo Alto Palo Alto Contract No. Cll136473 CITY'S EV ALUTION OF FLINTCO'S RESPONSE TO MAY 2, 2013 NOTICES Dear Mr. Maxwell: This letter follows up on my letter of June 6, 2013 in which the City acknowledged receipt of documentation dated 5/30/13 by Flintco with respect to the deadlines in the City'S 5/2/13 letter concerning potential default on the Mitchell Library and Community Center construction project. We have since reviewed the submitted information and the work performed on site. Not all the work has been completed. This letter contains a summary of the remaining work which Flintco has indicated it will complete in order to avoid the City finding Flintco in default. Category I Corrections Five specific corrections were required to be completed by 5/30/13 and each is addressed below (Category I of the City's 5/2/13 letter): 1. Sliding Doors The problems with the doors have not all been corrected. In light of the inability of the current subcontractor to fix the doors by 5/30/13, Flintco has advised the City that it is in the process of receiving bids from new subcontractors to order and install the doors required by the City-Flintco Contract ("Contract"). We understand that Flintco has indicated that, if the City permits the door installation to proceed, that all door installation will be completed by 9/30/2013. In light of Flintco's commitment to a date certain for door installation, the City is presently reviewing whether to permit Flintco to proceed with sliding door installation. Tentatively, the City is willing to conduct air and water testing of the 3C- West doors (121,122 and 126) as part of this evaluation, and Flintco has requested that the City schedule the testing. In the these three doors pass all tests, the City Cit y 0 P~ge' y ~f 3 0 . 0 r 9 Printed with soy-based Inks on 100% recycled paper processed without chlorine. J will take that into its consideration of Flintco's progress. The City is hopeful that the testing and inspection of the doors will permit these doors to be accepted, with the remaining doors to have all corrections completed and accepted by Flintco' s deadline of 9/30/2013. The City reserves its right to declare Flintco in default concerning its failure to install the sliding doors in accordance with its May 2, 2013 letter, and any additional time provided to Flintco to complete its work shall not be considered a waiver of the City's right to require compliance with all contract requirements. Please provide a copy of the purchase order for the replacement sliding doors, and indicate submittal and delivery dates. Please note that compliance with Title 24 (discussed below) is a further requirement for acceptance of these doors. 2. Title 24 -Flintco submitted a package of materials on 5/29113 targeted to demonstrate compliance with Title 24 for glazing. Our analysis finds that this package is nearly complete. Flintco is expected to submit all remaining required documentation as detailed in Attachment A. We understand that Flintco requires additional time in order to submit the documentation and we agree to provide additional time. Flintco has indicated it will submit all documentation required for Tide 24 glazing by 6/28/13. The City reserves its right to declare Flintco in default concerning its failure to provide all required Title 24 documentation in accordance with the May 2,2013 letter, and any additional time provided to Flintco to complete its work shall not be considered a waiver of the City's right to require. compliance with all contract requirements. 3. Replacement of Cabling in Buildings Band C -Not all ofthe work was completed by 5/30, but it is now complete. The City expects Flintco to complete all testing immediately. 4. ADA Corrections of walls -This work has been completed, except for the tiling. Flintco has indicated to the City that there is additional lead time required when ordering new tile. The City understands this and is agreeable to allow for extra time for the tiling work. Flintco has indicated it will complete all tiling by 7/19/13. 5. Waterproofing of Building A Shower Rooms -This work has been completed except for testing and tiling. As mentioned above, Flintco has indicated that there is additional lead time required for ordering new tile. The City understands this and is agreeable to allow for extra time for the tiling work and testing. Flintco has indicated it will complete all tiling and testing by 7/19/13. Category II and III Requirements With respect to Categories II and III in the City'S 5/2/13 letter, Flintco has provided a 6 week schedule and a one week staffing plan as a way of meeting the requirements for Plans to address these two areas of concerns. Flintco indicated that it would submit a new staffing plan each week. This has not occurred following the first week. The City expects Flintco to submit its staffing plan and results from the previous week as Flintco had agreed to do in response to the May 2,2013 letter. Page 2 of3 Additional Requirements The City expects Flintco to meet the milestones indicated in Flintco' s 6 week schedule. The 6/10/13 milestone for continuously operating the HV AC system in Building A was partially met in that air (albeit not conditioned air) is being moved through the building. The City expects that Flintco will be successful in reaching all of the following milestones based on Flintco's schedule: 6/18/13 -Passing all above-ceiling and below raised floor inspections 6/25/13 -Completion of installation of all pavers 6/27/13 -Continuously operate HV AC systems in buildings B & C 7/10 /13 -Completion of installation of all wood slats and panels Meeting all of the above requirements and time frames is necessary to avoid Flintco being found in default. The City reserves its right to declare Flintco in default concerning its failure to meet all of the above items in accordance with its May 2, 2013, and any additional time provided to Flintco to complete its work shall not be considered a waiver of the City's right to require compliance with all contmct requirements. Sincerely, ichael Sartor, lrector, Public Works City of Palo Alto cc: John Stump, Senior Vice President ofFlintco Pacific ,Mark D. Wood, Fidelity and Deposit Company of Maryland, Bond Number PRF08975391182198910 Alex Dam, Federal Insurance Company, Bond Number PRF08975391182198910 Jim Hamel, Zurich American Insurance Company Tom Tripp, Turner Construction Phil Bobel, Assistant Director, Public Works, City of Palo Alto Molly S. Stump, City Attorney, City of Palo Alto Page 3 of3 City of Palo Alto (ID # 3963) City Council Staff Report Report Type: Consent Calendar Meeting Date: 8/5/2013 City of Palo Alto Page 1 Summary Title: STP Funding Resolution -Street Resurfacing Project Title: Adoption of a Resolution Authorizing the Filing of an Application for Federal Surface Transportation Program (STP) Funding and Committing the Necessary Non-Federal Match and Stating the Assurance to Complete the Project for Street Resurfacing Project From: City Manager Lead Department: Public Works Recommendation Staff recommends that Council adopt the attached resolution (Attachment A) to authorize the Santa Clara Valley Transit Authority (VTA) to submit an application for the Street Resurfacing Program to the Metropolitan Transportation Commission (MTC) and to commit local funding for the project. Background The Public Works Engineering Services Division manages construction contracts for concrete repair, preventive maintenance, resurfacing and reconstruction of various city streets on an annual basis. The candidate streets are surveyed biannually by Public Works Engineering Services staff and then rated by a computerized pavement maintenance management system (PMMS). Since 2011, the average Pavement Condition Index (PCI) score has increased from 72 to 77 due to additional project budget and aggressively seeking grant funding. Staff expects to achieve a citywide average PCI of 85 by 2019. Discussion City of Palo Alto Page 2 The Valley Transportation Authority (VTA) released a call-for-projects for the One Bay Area Grant Program (OBAG) on November 5, 2012. Project proposals were due March 5, 2013. The OBAG program has two elements, a Countywide Guaranteed Fund element and a Competitive Complete Streets element. The Street Resurfacing and Streetscape project was submitted in response to the Countywide Guaranteed Fund on March 5, 2013. Palo Alto’s share in the Guaranteed Fund is $956,000. The OBAG guaranteed funding will be used in the FY 2015 Street Resurfacing Program. Improvements may include street resurfacing;replacement of curb, gutter, and sidewalk;and upgrading curb ramps in compliance with the American with Disabilities Act requirements. Streets will be selected based on condition of the road surface and utility coordination. Public Works and Utilities Department staff meet monthly to review and coordinate upcoming projects. Some streets planned for maintenance using STP funds in FY 2015 include:Arastradero Road, Santa Rita Avenue and Laguna Avenue. Project notification and construction updates are typically through emails to neighborhood groups and through notice delivery to each home and/or business impacted by the street maintenance. Additionally, a new website link www.cityofpaloalto.org/streets has been created to include maps showing streets selected for maintenance based on projected funding. Resource Impact There is no immediate resource impact. By submitting the resolution for the project funding may be considered by the MTC. Policy Implications Federal funds require that the City comply with the Caltrans Local Assistance project delivery policies and procedures. The Public Works Department has implemented several projects in recent years using federal grant funds and staff is familiar with the procedures, schedule, timing and reporting requirements. Prevailing wages will be required since federal funds are being used. City of Palo Alto Page 3 Environmental Review Adoption of this resolution is not a project under the California Environmental Quality Act (CEQA). Attachments: ·A -Resolution (PDF) ·B -OBAG Guaranteed Funding Application (PDF) NOT YET APPROVED 1 130723 jb 0131118 Resolution No. _______ Resolution of the Council of the City of Palo Alto Authorizing the Filing of an Application for Funding Assigned to the Metropolitan Transportation Commission for the Street Resurfacing Streetscape Projects and Committing any Necessary Matching Funds and Stating the Assurance to Complete the Project R E C I T A L S A. The City of Palo Alto (herein referred to as APPLICANT) is submitting an application to the Metropolitan Transportation Commission (MTC) for $956,000 in funding assigned MTC for programming discretion, including by not limited to federal funding administered by the Federal Highway Administration (FHWA) such as Surface Transportation Program (STP) funding, Congestion Mitigation and Air Quality Improvement (CMAQ) funding and/or Transportation Alternatives (TA) funding (herein collectively referred to as REGIONAL DISCRETIONARY FUNDING) for the Street Resurfacing and Streetscape Projects (herein referred to as PROJECT) for the One Bay Area Grant (OBAG) Program (herein referred to as PROGRAM). B. The Moving Ahead for Progress in the 21st Century Act (Public Law 112-141, July 6, 2012) and any extensions or successor legislation for continued funding (collectively, MAP 21) authorize various federal funding programs including, but not limited to the Surface Transportation Program (STP) (23 U.S.C. § 133), the Congestion Mitigation and Air Quality Improvement Program (CMAQ) (23 U.S.C. § 149) and the Transportation Alternatives Program (TA) (23 U.S.C. § 213). C. State statutes, including California Streets and Highways Code 182.6 and 182.7 provide various funding programs for the programming discretion of the Metropolitan Planning Organization (MPO) and the Regional Transportation Planning Agency (RTPA). D. Pursuant to MAP-21, and any regulations promulgated thereunder, eligible project sponsors wishing to receive federal funds for a project shall submit an application first with the appropriate MPO for review and inclusion in the MPO's Transportation Improvement Program (TIP). E. MTC is the MPO and RTPA for the nine counties of the San Francisco Bay region. F. MTC has adopted a Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) that sets out procedures governing the application and use of federal funds. G. The APPLICANT is an eligible sponsor for REGIONAL DISCRETIONARY FUNDING. H. As part of the application for REGIONAL DISCRETIONARY FUNDING, MTC requires a resolution adopted by the responsible implementing agency stating the following: 1. the commitment of any required matching funds of at least 11.47%. 2. that the sponsor understands that the REGIONAL DISCRETIONARY FUNDING is fixed at the programmed amount, and therefore any cost increase cannot be expected to be funded with additional REGIONAL DISCRETIONARY FUNDING. 3. that the project will comply with the procedures, delivery milestones and funding deadlines specified in the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised. NOT YET APPROVED 2 130723 jb 0131118 4. the assurance of the sponsor to complete the project as described in the application, and if approved, as included in MTC's federal Transportation Improvement Program (TIP). 5. that the project will comply with all project-specific requirements as set forth in the PROGRAM. 6. that the project (transit only) will comply with MTC Resolution No. 3866, revised, which sets forth the requirements of MTC’s Transit Coordination Implementation Plan to more efficiently deliver transit projects in the region. The Council of the City of Palo Alto RESLOVES as follows: SECTION 1: The APPLICANT is authorized to execute and file an application for funding for the PROJECT for REGIONAL DISCRETIONARY FUNDING under MAP-21 for continued funding; and be it further RESOLVED that the APPLICANT by adopting this resolution does hereby state that: 1. APPLICANT will provide $125,000 in matching funds. 2. APPLICANT understands that the REGIONAL DISCRETIONARY FUNDING for the project is fixed at the MTC approved programmed amount, and that any cost increases must be funded by the APPLICANT from other funds, and that APPLICANT does not expect any cost increases to be funded with additional REGIONAL DISCRETIONARY FUNDING. 3. APPLICANT understands the funding deadlines associated with these funds and will comply with the provisions and requirements of the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) and APPLICANT has, and will retain the expertise, knowledge and resources necessary to deliver federally-funded transportation projects, and has assigned, and will maintain a single point of contact for all FHWA-funded transportation projects to coordinate within the agency and with the respective Congestion Management Agency (CMA), MTC, Caltrans and FHWA on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA-funded transportation projects implemented by APPLICANT. 4. PROJECT will be implemented as described in the complete application and in this resolution and, if approved, for the amount approved by MTC and programmed in the federal TIP. 5. APPLICANT and the PROJECT will comply with the requirements as set forth in MTC programming guidelines and project selection procedures for the PROGRAM. 6. APPLICANT (for a transit project only) agrees to comply with the requirements of MTC’s Transit Coordination Implementation Plan as set forth in MTC Resolution 3866, revised; and therefore be it further RESOLVED SECTION 2. The APPLICANT is an eligible sponsor of REGIONAL DISCRETIONARY FUNDING funded projects; and be it further RESOLVED: 1. The APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT. 2. There is no legal impediment to APPLICANT making applications for the funds. 3. There is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT. 4. The APPLICANT authorizes its Executive Director, General Manager, or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution. NOT YET APPROVED 3 130723 jb 0131118 5. A copy of this resolution will be transmitted to the MTC in conjunction with the filing of the application. 6. The MTC is requested to support the application for the PROJECT described in the resolution and to include the PROJECT, if approved, in MTC's federal TIP. SECTION 3. The Council finds that the adoption of this resolution does not meet the definition of a project under Public Resource Code Section 21065, thus no environmental assessment under the California Environmental Quality Act is required. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Senior Assistant City Attorney City Manager ____________________________ Director of Planning and Community Environment ____________________________ Director of Administrative Services   ATTACHMENT D  ONEBAYAREA GRANT (OBAG) APPLICATION    SECTION ONE: PROJECT SUMMARY  Project Title   Street Resurfacing & Streetscape Projects    Brief Project Summary    Street resurfacing and streetscape elements for various streets  in Palo Alto.    Program Component  Agency Guarantee Project   Discretionary Complete Streets Project  Grant Funds Requested ($)  Check all that apply    Minimum Discretionary Grant  Requested   $350,000   Surface Transportation Program (STP)           Amount Requested  __$956,000 __   Congestion Mitigation and Air Quality Improvement (CMAQ)          Amount Requested _______________   Transportation Alternatives (TA)           Amount Requested _______________  Grant Funds Fiscal Year  FY13/14 & FY14/15  Local Match (11.47% Min) $125,000 (11.56%)  Total Project Cost $1,081,000  Member Agency City of Palo Alto  Contact Person Holly Boyd – Senior Engineer, Public Works  Address 250 Hamilton Avenue, Palo Alto, CA  94301  Email Address holly.boyd@cityofpaloalto.org  Phone 650.329.2612  Fax 650.329.2299  Other Project Partners   Attachment D ‐ OneBayArea Grant (OBAG) Application  Page | 2     SECTION ONE: PROJECT SUMMARY CONTINUED    1. For the Complete Streets Competitive program, include a map that clearly identifies the  project’s location within a Priority Development Area or proximate access to a PDA.     2. Project Summary Sheet       SECTION TWO: PROJECT NARRATIVE    (Use Section Two to respond to the Criteria categories as found in Attachment A)    CRITERIA       1. Project Benefits:    Street resurfacing reduces noise from bumpy roads, reduces traffic and improves air quality.       2. Documented Public Involvement/Support:  Street maintenance is a priority for Palo Alto.   Infrastructure Blue Ribbon Commission  (IBRC) 2011 report recommends that by 2021 no street in Palo Alto has a Pavement  Condition Index below 60.     3. Local Match:    The funds will be used to resurface various streets in the City of Palo Alto. The City  anticipates using a combination of funds from the Capital Improvement Projects for Street  Maintenance and Off‐road pathway repair.    4. Project Readiness:    All utility work has been coordinated for potential streets.  Street resurfacing is categorically  exempt under CEQA.    Right‐of‐Way  The City of Palo Alto owns the necessary right‐of‐way for this project.  ATTACHMENT D PROJECT SUMMARY SHEET (OBAG) PROJECT NAME:Street Resurfacing & Streetscape Project AGENCY NAME:(Agency with day‐to‐day responsibility for implementing PROJECT) City/Town of:City of Palo Alto PROJECT MANAGER: (Person who can answer questions about this PROJECT) Name:Holly Boyd Title:Senior Engineer Phone: 650.329.2612 email:holly.boyd@cityofpaloalto.org PROJECT SCHEDULE: Project Phase: BEGIN ENVIRON BEGIN DESIGN BEGIN ROW CERT BEGIN CON Phase Month/Year: Summer 2014 Funds Requested: $956,000 Local Match: $125,000 Match (xx.xx%): 11.56% (Round dollars to nearest thousands) CRITICAL TASKS: (if applicable)APPROVAL DATES* Expected Actual* Field Review Fall 2013 Environmental Winter 2013 ROW/Permits Winter 2013 E76 Packet1 Spring 2014 CTC Vote Packet 1 Deadline: Feb 1 of programmed year *Project manager will provide status updates PROJECT is a stand‐alone project.  PROJECT is part of a larger project. Describe larger project:  SUBMITTAL DATES Street resufacing as part of the Street Maintenance Project 1 City of Palo Alto (ID # 3969) City Council Staff Report Report Type: Consent Calendar Meeting Date: 8/5/2013 City of Palo Alto Page 1 Summary Title: Crescent Park No Overnight Parking Resolution Title: Adoption of a Resolution Allowing the Implementation of a One-Year Trial No Overnight Parking (2AM-5AM) Program on Streets within the Crescent Park Neighborhood From: City Manager Lead Department: Planning and Community Environment Recommendation Staff recommends that Council adopt a resolution authorizing staff to implement a one-year trial for No Overnight Parking (2AM-5AM) program within certain street blocks of the Crescent Park Neighborhood. Background Citizens from the Crescent Park Neighborhood reached out to the City earlier this year requesting that the City implement parking restrictions within their neighborhood in order to limit parking intrusion from outside the neighborhood. This request was based on complaints involving overcrowded streets, blocking of driveways, noise and litter caused by overnight street parking. Following the initial request, the City implemented full-time, “No Parking” restrictions along Newell Road between Edgewood Drive and the Newell Road Bridge. Traffic calming improvements to improve pedestrian safety at Newell Road and Edgewood Drive and Newell Road and Hamilton Avenue were also implemented. These improvements included crosswalk improvements and all-way stop intersection controls. The Crescent Park citizens requested additional parking restrictions, initially along Edgewood Drive and worked with staff to develop and circulate petitions for No Overnight Parking (2AM- 5AM) for the following roadway segments, to manage the expected limits of parking intrusion:  Edgewood Drive: Southwood Drive to Jefferson Drive  Phillips Road: Edgewood Drive to Madison Way City of Palo Alto Page 2  Hamilton Avenue: Island Drive to Madison Way  Dana Avenue: Half-Block sections north and south of Newell Road  Newell Road: Dana Avenue to Edgewood Drive Following receipt of the petitions in June, staff released a follow-up post card survey to validate resident interest from each separate street block. These surveys were released throughout the month of July. Please note that the additional street block segments of Edgewood Drive between Southwood Drive and Island Drive were added to the post card survey following a petition received after the release of the initial post card surveys. The following additional street blocks have requested or submitted petitions for the No Overnight Parking restrictions but postal surveys have not yet been administered:  Edgewood Drive: Jefferson Drive to Patricia Lane  Hamilton Avenue: Center Drive-Southwood Drive to Island Drive  Hamilton Avenue: Madison Way to Alester Avenue  Madison Way: Hamilton Avenue to Jefferson Drive  Jefferson Drive: Hamilton Avenue to Edgewood Drive City staff required a minimum 70% support response from each street block to forward the restrictions to the Council for consideration. 70% has been the standard positive response rate used in Palo Alto for traffic calming programs. These restrictions would apply to resident vehicles, not just non-residents, and would be enforced by the Police Department. Overnight guest permits will be made available for residents that require parking for their guests at a cost of $5.00 per permit per night. Even with the guest permits, standard parking restrictions governed by the California Vehicle Code and Palo Alto Municipal Code continue to apply including a 72-hour parking restriction to avoid the storage of vehicles within the public right- of-way. The City has continued to accept responses to the post card survey through the month of July leading to the council meeting where this resolution will be considered. Table 1 below provides the findings of the post card survey through July 30th: Table 1 Crescent Park Neighborhood Post Card Survey Response No Overnight Parking (2AM-5AM) Considerations City of Palo Alto Page 3 No. Street Block Segment No. of Households No. of Survey Responses (Yes and No) % Positive Support from Responses 1 Edgewood Drive Southwood Dr to Island Dr 7 5 100% 2 Edgewood Drive Island Dr to Newell Rd 20 18 94% 3 Edgewood Drive Newell Rd to Jefferson Dr 18 15 80% 4 Phillips Road Edgewood Rd to Madison Wy 9 9 89% 5 Hamilton Avenue Island Dr to Newell Rd 28 20 70% 6 Hamilton Avenue Newell Rd to Madison Wy 14 10 70% 7 Dana Avenue North of Newell Rd 14 10 30% 8 Dana Avenue South of Newell Road 16 13 54% 9 Newell Road Edgewood Dr to Hamilton Av 3 3 100% 10 Newell Road Hamilton Av to Dana Av 4 4 100% The post card survey shows that a majority of residents living on street blocks along Newell Road and towards the easterly limits of Crescent Park are in support of the No Overnight Parking Restrictions with only both blocks of Dana Avenue not currently in support of the restrictions. Staff recommends implementation of the No Overnight Parking (2AM-5AM) for the streets that have positive support (70%+) for the restrictions to be implemented as a Phase 1 deployment City of Palo Alto Page 4 by September. Streets that opt to add in later can be deployed immediately upon receipt of a new petition and administration of another post card survey as a Phase 2 deployment. Under the current proposal, street blocks that did not have strong support for immediate implementation of the No Overnight Parking (2AM-5AM) restrictions could opt in later. This recommendation is consistent with the conversations staff has had with neighborhood leaders. Therefore, staff requests authorization to implement additional restrictions in the future as part of this resolution including the blocks of: Edgewood Drive between Jefferson Drive and Patricia Lane; Hamilton Avenue: Center Drive-Southwood Drive to Island Drive; Hamilton Avenue between Madison Way and Alester Avenue; Madison Way: Hamilton Avenue to Jefferson Drive; and Jefferson Drive: Hamilton Avenue to Edgewood Drive, if supported by residents, for which a post card survey will be released following approval of the proposed resolution. Attachment A includes the Resolution. Attachment B describes the proposed Phase 1 and Phase 2 No Parking (2AM-5AM) considerations. Attachment C includes a sample of the post card survey released by the City. It is important to note that this is a proposed as a one-year pilot program. Staff will continue to work with neighborhood residents, as well as adjacent neighborhoods and communities to ensure that the program is being implemented as effectively as possible. Furthermore, staff will evaluate the ultimate request from many neighborhood residents for a Residential Permit Parking (RPP) program. Finally, staff will continue to work with City of East Palo Alto staff and nearby apartment owners on addressing the parking supply issue that is resulting in the need for this parking restriction trial. The City held a community meeting July 30th to present the above findings to residents. Residents noted that the proposed No Overnight Parking restrictions were not an ideal solution and that Residential Parking Permit (RPP) was a preferred alternative but that the proposal was a good step forward while solutions for RPP options are discussed further with the community. Residents from streets on Hamilton Avenue near Center Drive-Southwood Drive and on Madison Way and Jefferson Drive requested inclusion in the future Phase 2 program. Policy Implications The Palo Alto Municipal Code Section 10.44.010 – Restrictions Established – Signs Designating allows the installation of parking restrictions by time-of-day following a city council ordinance or resolution. Vehicles that are cited for parking in areas where time restrictions have been established are cited by the Palo Alto Municipal Code Section 10.40.020 (b) – Signs or Curb Markings to Indicated No Stopping and Parking Regulations. The California Vehicle Code (CVC) Section 22507.5 – Local Regulations allows the issuance of City of Palo Alto Page 5 Day Permits for parking through parking restricted periods of the day for residents and their guests. Resource Impact The design and construction of the No Overnight Parking (2AM-5AM) are estimated to cost approximateyl $12,000 and will be funded through the existing Capital Improvement Program (CIP) – PL12000 (Parking & Transportation Improvements) project. The Revenue Collections Department will make available for purchase Overnight Guest Permits for specific use by the Crescent Park Neighborhood on a limited basis at a cost of $5.00 per permit. Permits are good one night only and a limited amount of permits will be available. Timeline The City recommends implementation of the signage restrictions through the remainder of August followed by a 2-week warning period for vehicles that continue to park during the new No Overnight Parking (2AM-5AM) period with citations being issued on an as-needed basis by mid-September. City staff expects to meet with neighborhood residents at the six-month mark and again near the end of the one-year trial to assess te effectiveness of the program and at the year end to coniser recommendation for continuation or discontinuation of the program. Attachments:  Attachment A: Resolution for Crescent Park No Overnight Parking (PDF)  Attachment B: Crescent Park - No Overnight Parking Survey Findings (PDF)  Attachment C: Sample Crescent Park Postal Survey (PDF) NOT YET APPROVED 1 130729 jb 0131119 Resolution No. _______ Resolution of the Council of the City of Palo Alto Implementing No Overnight Parking Restrictions around the Crescent Park Neighborhood as a One Year Trial Program R E C I T A L S A. Some of the residents of Crescent Park have requested No Overnight Parking Restrictions (2AM – 5AM) to minimize the impacts of parking intrusion on individual blocks. The following street block segments have been identified by staff as appropriate areas for the restrictions, pending resident support through a post card survey: No. Street Street Block Segment No Parking Restriction Period Post Card Survey Support 1 Edgewood Drive Southwood Drive to Island Drive 2AM – 5AM 100% 2 Edgewood Drive Island Drive to Newell Road 2AM – 5AM 94% 3 Edgewood Drive Newell Road to Jefferson Dr 2AM – 5AM 80% 4 Edgewood Drive Jefferson Drive to Patricia Lane 2AM – 5AM Pending 5 Phillips Road Edgewood Drive to Madison Way 2AM – 5AM 89% 6 Hamilton Avenue Island Drive to Newell Road 2AM – 5AM 70% 7 Hamilton Avenue Newell Road to Madison Way 2AM – 5AM 70% 8 Hamilton Avenue Madison Way to Alester Avenue 2AM – 5AM Pending 9 Hamilton Avenue Center Drive-Southwood Drive to Island Drive 2AM – 5AM Pending 10 Jefferson Drive Hamilton Avenue to Edgewood Drive 2AM – 5AM Pending 11 Dana Avenue North of Newell Road Half Way to Ashby Drive 2AM – 5AM 30% 12 Dana Avenue South of Newell Road Half Way to Alester Avenue 2AM – 5AM 54% 13 Madison Way Hamilton Avenue to Jefferson Drive 2AM – 5AM Pending 14 Newell Road Edgewood Drive to Hamilton Avenue 2AM – 5AM 100% 15 Newell Road Hamilton Avenue to Dana Avenue 2AM – 5AM 100% B. The Post Card surveys administered by the City in July 2013 show a majority of the streets being supportive of the implementation of the No Overnight Parking (2AM-5AM) restrictions. C. The current results of the survey are depicted in Exhibit A which is attached and incorporated by reference. Phase 1 streets have expressed support for the proposed overnight parking restriction and Phase 2 streets have been identified by staff as potential candidates for such regulations pending resident support. NOT YET APPROVED 2 130729 jb 0131119 D. The City Council finds that there is a parking intrusion problem in parts of the Crescent Park neighborhood and desires to implement a pilot one year program to attempt to mitigate this problem. E. The California Vehicle Code Section 22507.5 authorizes the City to enact, by ordinance or resolution, parking restrictions on public streets between the hours of 2 a.m. and 6 a.m. and further authorizes the City to provide for a system of permits for the purpose of exempting from the prohibition or restriction of the ordinance or resolution, disabled persons, residents, and guests of residents of residential areas. F. The Palo Alto Municipal Code Section 10.44.010 allows for the implementation of parking restrictions. The Council of the City of Palo Alto RESOLVES as follows: SECTION 1: The City Council authorizes staff to implement No Overnight Parking Restrictions on all of the street block segments identified in Recital A and labeled as Phase 1 and Phase 2 in Exhibit A as petitions by residents are received. No Overnight (2AM – 5AM) Parking restrictions shall be posted in each eligible block upon receipt and verification of a minimum 70% support from surveys received. SECTION 2: Vehicles displaying overnight residential parking permits for the designated streets shall be exempt from the posted parking restriction. SECTION 3: The Council finds that the adoption of this resolution does not meet the definition of a project under Section 21065 of the California Environmental Quality Act and, therefore, no environmental impact assessment is necessary. // // // // // // // // NOT YET APPROVED 3 130729 jb 0131119 SECTION 4: This program shall expire within one year of adoption unless extended by City Council. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: __________________________ _____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: __________________________ _____________________________ Senior Assistant City Attorney City Manager _____________________________ Director of Administrative Services _____________________________ Director of Planning and Community Environment SCALE: NONE 10-o 10-a> +-' c a> () Channing Av Legend: Crescent Park No Overnight Parking (2AM-5AM) Survey Findings Phase 1 -Community Support Received Phase 2 -Community Support Pending Last Update: 7-31-13 SCALE: NONE 10-o 10-a> +-' c a> () Channing Av Legend: Crescent Park No Overnight Parking (2AM-5AM) Survey Findings Phase 1 -Community Support Received Phase 2 -Community Support Pending Last Update: 7-31-13       June 17, 2013                                                            Dear Edgewood Drive Resident,    The City received a petition requesting the installation of No Overnight Parking (2AM to 5AM)  restrictions for the areas designed on the map on the other side of this notice within the  Crescent Park Neighborhood.  The City is supportive of implementing parking considerations  requested by residents as long as the improvements are supported by a majority of residents.    In order for the City to implement the Crescent Park No Overnight Parking (2AM to 5AM)  Restrictions a 70% positive response rate for each street block from surveys returns is required.   The restrictions will be implemented on a block‐by‐block basis for streets where the 70%  support threshold is received. The City Council will also need to approve a resolution  implementing the parking restriction.  Street blocks that do not have the 70% positive response  now, or that that did not originally request the parking restrictions, can request them at a later  date following the receipt of a petition circulated by residents.     This survey notice is intended to validate support for No Overnight Parking (2AM to 5AM)  restrictions identified in the petition for the block of Edgewood Drive between Island Drive and  Newell Road.    Please indicate your preference for the No Overnight Parking (2AM to 5AM) restrictions by  completing and returning this survey in the self‐addressed stamped envelope provided.  The  City will accept survey responses through Friday, July 5th and present the results of the survey  process at a community meeting tentatively scheduled the week of July 22nd; a separate  community meeting notice card will be issued prior to the meeting with meeting location and  time information.    If you live on a street that you believe does not need restrictions at this time we encourage you  to complete the survey and return it as support will be evaluated based on returned surveys  only.  In addition, you may feel restrictions are appropriate after being implemented on an  adjacent street and the City restrictions can be implemented later following receipt of a  petition.    If you have any questions, please feel free to contact the City of Palo Alto – Transportation  Division at (650) 329‐2442 or by email at transportation@cityofpaloalto.org.     Crescent Park Neighborhood  No Overnight Parking (2AM to 5PM) Restrictions  Survey                                             XXXX Edgewood Drive    Please mark your preference to only one of the options below:    □   We support the implementation of No Overnight Parking (2AM to 5AM) restrictions along  Edgewood Drive between Island Drive and Newell Road.  We understand that resident and non‐ resident vehicles parked on the street during this time period will be subject to citations during  the time restriction period.  □   We do not support the implementation of No Overnight Parking (2AM to 5AM) restrictions along  Edgewood Drive between Island Drive and Newell Road.    Comments:              Please return survey by July 5, 2013 to: City of Palo Alto    Transportation Division    250 Hamilton Avenue    Palo Alto, CA  94301  Survey for No Overnight  Parking (2AM to 5AM)  Restrictions on Edgewood  Drive, Island Drive to Newell  Road.  City of Palo Alto (ID # 3951) City Council Staff Report Report Type: Consent Calendar Meeting Date: 8/5/2013 City of Palo Alto Page 1 Summary Title: Adoption of a Resolution Authorizing Federal One Bay Area Grant funds Title: Adoption of Resolution Authorizing the Filing of an Application for the Federal One Bay Area Grant (OBAG) Funding for the Adobe Creek/Highway 101 Bridge Project and Committing the Necessary Non-Federal Match and Stating the Assurance to Complete the Project From: City Manager Lead Department: Planning and Community Environment Recommendation Staff recommends that Council adopt the attached resolution to authorize the Santa Clara Valley Transit Authority (VTA) to submit an application for the Adobe Creek/Highway 101 Bridge Project to the Metropolitan Transportation Commission (MTC) and to commit local funding for the project. Background The Valley Transportation Authority (VTA) released a call-for-projects for the One Bay Area Grant (OBAG) program on November 5, 2012. Project proposals were due March 5, 2013. The OBAG program includes two elements, a Countywide Guaranteed Fund element and a Competitive Complete Streets element. In response to the Complete Street Competitive Program the City submitted eight grant proposals on March 5, 2013. Of the eight project submittals, the Adobe Creek/Highway 101 Bridge Project ranked high in the OBAG Program scoring process. VTA Board of Directors approved this project on June 6, 2013 and has made a recommendation to MTC for Federal grant funding of the project. Discussion The Adobe Creek/Highway 101 Bicycle Pedestrian Bridge is the highest priority Across Barrier City of Palo Alto Page 2 Connection (ABC) project within the City of Palo Bicycle & Pedestrian Transportation Plan 2012. The project will provide a year round crossing across Highway 101 through a proposed bridge that replaces the existing Lefkowitz tunnel. The City anticipates 74,000 annual trips to the bridge given the future land uses proposed for the area and the structure is a key link in the City’s Bay to Ridge trail network. The City completed a Feasibility Study for the project in November 2011 and is in the process of completing an Environmental Assessment and Preliminary Design for the project. The City anticipates the release of a design competition for the project in the summer/fall 2013. The total project budget is estimated at $9.5 million and the grant from OBAG program would comprise $4 million. In November 2012, the City received a $4 million grant award from the County of Santa Clara –Alternative Mitigation Program for design and construction of the bridge as part of the Stanford-Palo Alto Trail Program. Additionally, the City Council may consider advancing approximately $1 million from the Stanford University Medical Center (SUMC) – Sustainability Program to fund the construction. Approximately $350,000 in local match funding has been allocated to support the Feasibility Study and Environmental Assessment phases of the project and another $1.1 million has been allocated for the design phase of the project as part of the 2014 Capital Improvement Program utilizing infrastructure reserve funding. The proposed resolution authorizes filing of the Adobe Creek/Highway 101 Bridge Project for One Bay Area Grant Program managed by the Metropolitan Transportation Commission (MTC) with Federal funding from the Congestion Mitigation and Air Quality Improvement (CMAQ) program and/or Transportation Alternatives (TA) Program. Resource Impact This action prioritizes Federal programming for Congestion Management Program Member Agency projects. The resolution commits the City of Palo Alto to provide a local match of $5,500,000 in order that funding may be considered by MTC. The local matching funds are comprised of the County grant award of $4,000,000 combined with the infrastructure reserve funding of $1,500,000 through the Capital Improvement Program funding allocation as follows: Funding Agency Amount OBAG $4,000,000 County Of Santa Clara/local match $4,000,000 City of Palo Alto Page 3 SUMC, CIP/ local match $1,500,000 TOTAL $9,500,000 Project Costs Feasibility Study/EIR $350,000 Design $1,000,000 Construction $8,150,000 TOTAL $9,500,000 Policy Implications Adoption of the attached resolution is consistent with City policy doucments including the Comprehensive Plan and Bicycle and Pedestrian Master Plan. The Adobe Creek/Highway 101 Bicycle Pedestrian Bridge is the highest priority Across Barrier Connection (ABC) project within the City of Palo Bicycle & Pedestrian Transportation Plan 2012. Environmental Review Adoption of this resolution is not a project under the California Environmental Quality Act (CEQA) nor the National Environmental Protection Act (NEPA). Attachments:  Attachment A: Resolution Filing Application for OBAG Funding for Adobe Creek/Highway 101 Bridge Project (PDF)  Attachment B: One Bay Area Grant Application for Adobe Creek/Highway 101 Bridge Project (copy only) (PDF)  Attachment C: City Council Minutes on 6-14-13 (DOC)  Attachment D: Public Comments (PDF) NOT YET APPROVED 1 130709 jb 0131112 Resolution No. ______ Resolution of the Council of the City of Palo Alto Authorizing the Filing of an Application for Funding Assigned to the Metropolitan Transportation Commission for the Adobe Creek/Highway 101 Bridge Project and Committing any Necessary Matching Funds and Stating the Assurance to Complete the Project R E C I T A L S A. The City of Palo Alto (herein referred to as APPLICANT) is submitting an application to the Metropolitan Transportation Commission (MTC) for $4,000,000 in funding assigned MTC for programming discretion, including by not limited to federal funding administered by the Federal Highway Administration (FHWA) such as Surface Transportation Program (STP) funding, Congestion Mitigation and Air Quality Improvement (CMAQ) funding and/or Transportation Alternatives (TA) funding (herein collectively referred to as REGIONAL DISCRETIONARY FUNDING) for the Adobe Creek/Highway 101 Bridge Project (herein referred to as PROJECT) for the One Bay Area Grant (OBAG) Program (herein referred to as PROGRAM). B. The Moving Ahead for Progress in the 21st Century Act (Public Law 112-141, July 6, 2012) and any extensions or successor legislation for continued funding (collectively, MAP 21) authorize various federal funding programs including, but not limited to the Surface Transportation Program (STP) (23 U.S.C. § 133), the Congestion Mitigation and Air Quality Improvement Program (CMAQ) (23 U.S.C. § 149) and the Transportation Alternatives Program (TA) (23 U.S.C. § 213). C. State statutes, including California Streets and Highways Code 182.6 and 182.7 provide various funding programs for the programming discretion of the Metropolitan Planning Organization (MPO) and the Regional Transportation Planning Agency (RTPA). D. Pursuant to MAP-21, and any regulations promulgated thereunder, eligible project sponsors wishing to receive federal funds for a project shall submit an application first with the appropriate MPO for review and inclusion in the MPO's Transportation Improvement Program (TIP). E. MTC is the MPO and RTPA for the nine counties of the San Francisco Bay region. F. MTC has adopted a Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) that sets out procedures governing the application and use of federal funds. G. The APPLICANT is an eligible sponsor for REGIONAL DISCRETIONARY FUNDING. H. As part of the application for REGIONAL DISCRETIONARY FUNDING, MTC requires a resolution adopted by the responsible implementing agency stating the following: 1. the commitment of any required matching funds of at least 11.47%. 2. the sponsor understands that the REGIONAL DISCRETIONARY FUNDING is fixed at the programmed amount, and therefore any cost increase cannot be expected to be funded with additional REGIONAL DISCRETIONARY FUNDING. NOT YET APPROVED 2 130709 jb 0131112 3. the project will comply with the procedures, delivery milestones and funding deadlines specified in the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised). 4. the assurance of the sponsor to complete the project as described in the application, and if approved, as included in MTC's federal Transportation Improvement Program (TIP). 5. the project will comply with all project-specific requirements as set forth in the PROGRAM. 6. the project (transit only) will comply with MTC Resolution No. 3866, revised, which sets forth the requirements of MTC’s Transit Coordination Implementation Plan to more efficiently deliver transit projects in the region. The Council of the City of Palo Alto RESOLVES as follows: SECTION 1. The APPLICANT is authorized to execute and file an application for funding for the PROJECT for REGIONAL DISCRETIONARY FUNDING under MAP-21 for continued funding; and be it further RESOLVED that the APPLICANT by adopting this resolution does hereby state that: 1. APPLICANT will provide $5,500,000 in matching funds. 2. APPLICANT understands that the REGIONAL DISCRETIONARY FUNDING for the project is fixed at the MTC approved programmed amount, and that any cost increases must be funded by the APPLICANT from other funds, and that APPLICANT does not expect any cost increases to be funded with additional REGIONAL DISCRETIONARY FUNDING. 3. APPLICANT understands the funding deadlines associated with these funds and will comply with the provisions and requirements of the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) and APPLICANT has, and will retain the expertise, knowledge and resources necessary to deliver federally-funded transportation projects, and has assigned, and will maintain a single point of contact for all FHWA-funded transportation projects to coordinate within the agency and with the respective Congestion Management Agency (CMA), MTC, Caltrans and FHWA on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA-funded transportation projects implemented by APPLICANT. 4. PROJECT will be implemented as described in the complete application and in this resolution and, if approved, for the amount approved by MTC and programmed in the federal TIP. 5. APPLICANT and the PROJECT will comply with the requirements as set forth in MTC programming guidelines and project selection procedures for the PROGRAM. 6. APPLICANT (for a transit project only) agrees to comply with the requirements of MTC’s Transit Coordination Implementation Plan as set forth in MTC Resolution 3866, revised, and be it further RESOLVED: SECTION 2. The APPLICANT is an eligible sponsor of REGIONAL DISCRETIONARY FUNDING funded projects; and be it further RESOLVED: NOT YET APPROVED 3 130709 jb 0131112 1. The APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT. 2. There is no legal impediment to APPLICANT making applications for the funds. 3. There is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT. 4. The APPLICANT authorizes its Executive Director, General Manager, or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution. 5. A copy of this resolution will be transmitted to the MTC in conjunction with the filing of the application. 6. The MTC is requested to support the application for the PROJECT described in the resolution and to include the PROJECT, if approved, in MTC's federal TIP. SECTION 3. The Council finds that the adoption of this resolution does not meet the definition of a project under Public Resource Code Section 21065, thus no environmental assessment under the California Environmental Quality Act is required. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Senior Assistant City Attorney City Manager ____________________________ Director of Planning and Community Environment ____________________________ Director of Administrative Services   Adobe Creek/Highway 101 Bicycle Pedestrian Bridge | 1  ONEBAYAREA GRANT (OBAG) APPLICATION    Section One: Project Summary  Project Title Adobe Creek/ Highway 101 Bicycle Pedestrian Bridge    Brief Project Summary  The Adobe Creek/Highway 101 Bicycle Pedestrian Bridge is the  highest priority Across Barrier Connection (ABC), and one of  most important citywide projects, identified within the City of  Palo Bicycle & Pedestrian Transportation Plan 2012.    The project will provide a year‐round overcrossing of Highway  101 to replace the existing Lefkowitz tunnel, which is a seasonal  underpass subject to repeated and unanticipated closures that  limit its use to less than half the year.  The current undercrossing  also does not meet Class I trail standards. The closest adjacent  highway crossing (San Antonio Road) requires nearly 2 miles of  out‐of‐direction travel along busy arterials that lack bicycle lanes  and sufficient sidewalks.   The City anticipates 74,000 annual users of the bridge, which will  provide safe passage between the San Francisco Bay  Trail/Baylands Nature Preserve and the East Meadow  Circle/Fabian Way sub‐area adjacent to West Bayshore Road. This  project is a critical connection for the City’s Bay to Ridge Trail  Program, which has been supported at a regional level with  Stanford University, the City of Mountain View, and major  employers including Google.  With $5.5 million in local match secured/committed, the  requested OBAG funds would result in a fully‐funded project  that is expected to begin construction in 2015 and open by early  2017.  Program Component  Agency Guarantee Project   Discretionary Complete Streets Project  OneBayArea Grant (OBAG) Application  2 | Adobe Creek/Highway 101 Bicycle Pedestrian Bridge    Grant Funds Requested ($)  Check all that apply    Minimum Discretionary Grant  Requested   $350,000   Surface Transportation Program (STP) Amount Requested   _______________   Congestion Mitigation and Air Quality Improvement  (CMAQ) Amount Requested $4,000,000   Transportation Alternatives (TA) Amount Requested  _______________  Grant Funds Fiscal Year  2015‐2016  Local Match (11.47% Min) $5,500,000 (58% match of total project cost)  Total Project Cost $9,500,000  Member Agency City of Palo Alto  Contact Person Jaime O. Rodriguez,  Principal Transportation Planner  Address 250 Hamilton Avenue, Palo Alto, CA  94301  Email Address Jaime.Rodriguez@cityofpaloalto.org  Phone (650) 329‐2136  Fax (650) 329‐2154  Other Project Partners Caltrans, Santa Clara Valley Water District (SCVWD)   Adobe Creek/Highway 101 Bicycle Pedestrian Bridge   Adobe Creek/Highway 101 Bicycle Pedestrian Bridge | 3  Section One: Project Summary continued     1. For the Complete Streets Competitive program, include a map that  clearly identifies the project’s location within a Priority  Development Area or proximate access to a PDA.   The Adobe Creek/ Highway 101 Bicycle Pedestrian Bridge project overcomes a critical  connection barrier for bicyclists and pedestrians between the City of Palo Alto and the  North Bayshore Priority Development Area in Mountain View. As shown in Attachment A,  the alternative crossing of Highway 101 is at San Antonio Road, which is challenging due to  lack of facilities and high automobile speeds and volumes.    2. Project Summary Sheet   Attachment B shows the project location, with connections to the East Meadow  Circle/Fabian Way employment area, the Baylands Preserve, and the San Francisco Bay  Trail.     The Adobe Creek pedestrian/bicycle overcrossing and Class I “reach trail” will improve the livability of South Palo Alto and northern Mountain View by removing barriers to recreation and active commuting    OneBayArea Grant (OBAG) Application  4 | Adobe Creek/Highway 101 Bicycle Pedestrian Bridge  Section Two: Project Narrative  Pre‐Screening Criteria  1.  2008 Complete Streets Act Compliance: An adopted Complete Streets policy resolution  no later than January 31, 2013 or proof of a General Plan compliant with the Complete  Streets Act of 2008.  2.  A General Plan Housing Element adopted and certified by the California Department of  Housing and Community Development for 2007‐14 Regional Housing Need Allocation  (RHNA) prior to January 31, 2013.     NOTE: The City of Palo Alto has requested and received an extension of the deadline for  certification by HCD to January 31, 2014.     Screening Criteria  1. VTP 2040 Consistency  VTP 2040 Preliminary Financially Constrained Project List (Draft): 240509 US 101/Adobe Creek  Ped/Bicycle Grade separation  (VTP 2035) B59: US 101/Adobe Creek Pedestria/Bicycle Grade Separation—Grade separation  of US 101 for pedestrians and bicyclists in the vicinity of San Antonio Road and Adobe Creek.  2. MTC Complete Streets Checklist  Below are summary responses to each question included in the MTC Complete Streets checklist.  A more formal checklist will be prepared, if necessary, upon approval of the funding  application, although the nature of this project may make such a checklist unnecessary.   1. Existing Conditions – The project site includes a seasonal underpass with access issues,  which when closed requires significant out‐of‐direction travel along arterial roads  without dedicated bicycle facilities.   2. Demand – The Baylands Nature Preserve, San Francisco Bay Trail, large employment  centers including the North Bayshore PDA and East Meadow Circle/Fabian Way sub  area are key generators of non‐motorized demand.   3. Collisions – Yes. The 2012 Bicycle + Pedestrian Transportation Plan identifies at least  three non‐motorized collisions along the alternative access route via Fabian  Way/Charleston Road/San Antonio Road when the underpass is closed. Reliable grade  separation by building an overcrossing and related Class I trail extensions will be  utilized to avoid these arterials.    Adobe Creek/Highway 101 Bicycle Pedestrian Bridge   Adobe Creek/Highway 101 Bicycle Pedestrian Bridge | 5  4. Plans ‐ The 2012 City of Palo Alto Bicycle + Pedestrian Transportation Plan, 2008 Santa  Clara Countywide Bicycle Plan, and 2003 City of Palo Alto Bicycle Plan, among others,  all call for a grade‐separated crossing (Across Barrier Connection) of Highway 101 at or  near Adobe Creek.  5. Policies, Design Standards and Guidelines – All applicable Caltrans standards and VTA  Bicycle Technical Guidelines will be included with this project.   6. Review – This project has been extensively reviewed and approved by community  members, including the Palo Alto Bicycle Advisory Committee, City commissions,  Stanford University, and local stakeholders including Google. These meetings have  identified strong support for the dedicated bicycle/pedestrian facility, as well as  improvements to local circulation in order to access the new bridge.  7. Scope – This project entirely consists of pedestrian and bicyclist accommodations.   8. Hindering Bicyclists/Pedestrians – Yes, the project will address several hindrances to  greater safety and comfort for non‐motorized users, including providing a new year‐ round, ADA‐accessible crossing of Highway 101 and development of a new Class I trail  to link the proposed highway crossing to preferred local bicycle and recreation routes.   9. Construction Period – Temporary traffic control will include safety signage and/or  detours for pedestrians and bicyclists consistent with applicable local guidelines and  best practices.   10. Ongoing Maintenance – The City of Palo Alto will responsible for the ongoing  maintenance of these improvements. Funding for the maintenance of local roadways  and bicycle facilities is included in the City’s Capital Improvement Program (CIP).    3. PDA and proximate access locations   See Attachment A. OneBayArea Grant (OBAG) Application  6 | Adobe Creek/Highway 101 Bicycle Pedestrian Bridge  Criteria   1. Safety  This project significantly improves safety  regardless of whether the existing  (seasonal) bicycle and pedestrian tunnel  under Highway 101 is open for use, or is  closed and users must travel to San  Antonio Road for the nearest alternative  crossing.  Lefkowitz Tunnel  When the Lefkowitz Tunnel is open six  months or less out of the year, the overpass  is narrow (7‐ft effective width), low  (overhead clearance of 7ft 6 inches), and  has poor visibility. These conditions  present operational safety challenges that require undesirable control measures, such as two  sets of barricades, place stress on seniors and people with wheeled devices, and deter use of the  facility altogether. Despite these challenges, an estimated 40,000 bicycle trips and 3,000  pedestrians use the seasonal underpass during its average half‐year operation period, with a  projected annual use of 74,000 people assuming a year‐round crossing option (based on existing  land uses).   West Bayshore Road/Fabian Way  Access to the existing underpass is provided exclusively by West Bayshore Road/ Fabian Way,  which is a designated arterial connection and truck route with Class II bike lanes and a posted  speed limit of 35mph. Based on repeated field observations and comments from the public, it is  known that actual vehicle speeds regularly exceed the posted limit.   The new overcrossing project includes a 0.12 mile Class I multi‐use “reach” trail along an  existing SCVWD maintenance road that is currently closed to public access. This new trail will  open up alternative routes to/from the Baylands that avoid high‐speed arterials such as West  Bayshore Road in favor of a grade‐separated trail access from local Class II and Class III (Bicycle  Boulevard) connections.    Despite being open only five or six months out of the year  due to seasonal flooding, the Lefkowitz Tunnel at Adobe  Creek carries an estimated 43,000 annual users.   Adobe Creek/Highway 101 Bicycle Pedestrian Bridge   Adobe Creek/Highway 101 Bicycle Pedestrian Bridge | 7  San Antonio Road   When the tunnel is closed (which  has been the case for much of the  past 2 ½ years), the closest  alternative route is San Antonio  Road, which has a single narrow  sidewalk and no bicycle facilities.  San Antonio Road is an arterial  street that connects Foothill  Expressway, SR 82, and Highway  101 and includes a partial  cloverleaf interchange at Highway  101.  Traffic counts indicate that  San Antonio Road between Charleston Road and East Bayshore Road experiences an average  daily traffic volume (ADT) of between 37,100 and 38,700 vehicles.  The posted speed limit  within the City is 35 mph.  The San Antonio Road overcrossing accommodates pedestrians with an attached 5‐foot  sidewalk along the northwest side.  Crosswalks exist at the San Antonio Road/East Charleston  Road and San Antonio Road /Bayshore Parkway/East Bayshore Road intersections. To access  the San Antonio Road overpass, users must navigate stretches of Fabian Way, Charleston Road,  and San Antonio Road that include at least 3 pedestrian/bicycle collisions within the last five  years of available data.    2. Project Benefits  The undercrossing of Adobe Creek at Highway 101 is a popular access point for the Baylands  and Shoreline Park levee trails and other destinations, including Twisters Sports Center. It is  also an important commuter route for many who live in southern Santa Clara County and  bicycle to work in Palo Alto and at Stanford University along the Bay Trail. Lastly, it provides  local access and recreational options for the existing mix of employees, seniors, and daycare  children who occupy nearby buildings. The overcrossing project will make this connection  permanent, reliable, and accessible 365 days per year for all users.      View of the San Antonio Road overcrossing facing northeast.  A  sidewalk exists along the north side of the overcrossing.  OneBayArea Grant (OBAG) Application  8 | Adobe Creek/Highway 101 Bicycle Pedestrian Bridge  Reliable Access for All Users  The current undercrossing path  surface is only one foot above the  average dry‐season water level, which  means it is regularly closed to flooding  and requires ongoing maintenance to  remove mud and debris from even  moderate storm flows. The City of  Palo Alto and SCVWD have stepped  up coordination efforts to keep the  tunnel open as long as possible  (weather permitting), but even with  these efforts significant closures can  occur. For example, in summer 2011 a  tidal flood gate malfunction forced the  closure of the facility for much of the  year.   Uncertainty of whether the tunnel is open (or not) has been a longstanding problem for the  many who rely on it for access to jobs, after‐school activities, and recreation – especially since  the alternative routes require significant out‐of‐the‐way travel on busy arterials. Existing tunnel  conditions can also serve to limit accessibility for more vulnerable and disabled users, who  might not ever consider the tunnel “open” for use. Since upgrades to the tunnel to withstand  greater flood events and meet trail design standards have proven to be infeasible, the only way  to provide a reliable, year‐round connection is with a new bridge overcrossing.   Active Commuting Infrastructure Where It Matters  This Across Barrier Connection project is located at the southernmost gateway to Palo Alto from  the San Francisco Bay Trail at a key transition between neighborhood‐serving local roadways  and office/industrial/commercial serving arterials. It connects two large employment areas (the  North Bayshore PDA in Mountain View and East Meadow Circle/Fabian Way sub area in Palo  Alto) that include major companies, such as Google and Space Systems/Loral, with robust  Transportation Demand Management (TDM) policies that support alternatives to solo driving.  As such, the project is poised to help solidify bicycling as a preferred commute mode for many  employees who are otherwise able to drive, in part by attracting similarly‐minded companies  The Bay Trail at Adobe Creek is used by many commuting and  recreational cyclists headed to/from the Shoreline at  Mountain View, as well by local seniors and daycare youth  who use the trail for passive and active recreation.   Adobe Creek/Highway 101 Bicycle Pedestrian Bridge   Adobe Creek/Highway 101 Bicycle Pedestrian Bridge | 9  that seek a dynamic office setting accessible from both the highway and regional bicycle  network.    Enhancing a Regional Recreation Network  The Bay Trail is a recreational corridor that is intended to encircle San Francisco and San Pablo  Bays, with 500 miles of continuous off–street trails. Over half (250 miles) of the trail is currently  in operation. In Palo Alto, the Bay Trail is an off‐street path through the Baylands Preserve, one  of the largest remaining tracts of undisturbed marshland in the Bay and a popular area for  joggers, walkers, and other recreationalists.  Beyond the City borders, the Bay Trail links to  regional open spaces to the north via the Friendship Bridge and East Palo Alto, and to the  Shoreline at Mountain View Park in the south. Despite its popularity and unparalleled setting,  the Baylands and Bay Trail in Palo Alto remain inaccessible to many who view Highway 101  and the adjacent major arterials as significant barriers.  The Adobe Creek/Highway 101 Overcrossing and Reach Trail will open up year‐round  recreational opportunities to the Bay Trail and Baylands as part of a core regional network of  facilities known as the Bay‐to‐Ridge Trails Program. This network includes the E Meadow  Drive/Arastradero Road, Matadero Creek,  and California Avenue/Stanford Avenue  corridors, and is meant to serve as east‐west  connectors between the Bay Trail and Bay  Ridge Trails. In between, these trails and  high‐quality bikeways feed access to over a  dozen City of Palo Alto parks as well as  Stanford University recreational facilities.  The Adobe Creek bridge and trail  connection will be a signature gap closure in  the Bay‐to‐Ridge Trails network, and may  also serve to strengthen more local  recreational loop opportunities when  considering the Permanente Creek and  Stevens Creek trails as well.    The Adobe Creek Reach Trail will provide a new  connection from the San Francisco Bay Trail, Baylands  Nature Preserve, and proposed Adobe Creek  Overcrossing to regional employment and recreational  destinations, including the Stanford Business Park,  along the Bay‐to‐Ridge Trail network.  OneBayArea Grant (OBAG) Application  10 | Adobe Creek/Highway 101 Bicycle Pedestrian Bridge  3. Gap Closure/Connectivity  As an eight‐lane freeway carrying 200,000 vehicles per day, with a partial cloverleaf interchange  nearby and limited alternative routes for non‐motorized users, Highway 101 at Adobe  Creek/San Antonio Road is a major physical and psychological gap in the regional and local  bikeway network, despite the existing underpass. The proposed signature overcrossing and  reach trail will provide connectivity from residential and commercial areas in Palo Alto to the  Palo Alto Baylands Nature Preserve, East Bayshore and San Antonio businesses, and the  regional San Francisco Bay Trail (Bay Trail) network of multi‐use trails.    When the existing underpass is closed, non‐motorized travelers wishing to cross Highway 101  may have to go almost two miles out of their way along busy arterials. Establishing a  permanent overcrossing at Adobe Creek will eliminate these detours and close a major gap in  both the regional and City of Palo Alto bikeway networks. The proposed project will also  improve local connections for employees, students, and residents by establishing the Adobe  Creek Reach Trail and closing a gap in the sidewalk along West Bayshore Road.       The existing Benjamin Lefkowitz Tunnel is closed six months out of the year due to flooding (left), and is  only accessible via busy West Bayshore Road (right) which includes Class II bike lanes but lacks  sidewalks and grade‐separated trail connections.     4. Air Quality Improvements and/or Vehicle Miles Traveled (VMT)  Reduced  The Adobe Creek Overcrossing is identified in the 2012 Bicycle + Pedestrian Transportation  Plan as one of the priority measures to promote a two‐fold increase in bicycle commuting to   Adobe Creek/Highway 101 Bicycle Pedestrian Bridge   Adobe Creek/Highway 101 Bicycle Pedestrian Bridge | 11  Palo Alto (from 5% to 10% of all commute trips by 2020). See the “Active Commuting  Infrastructure Where It Matters” section above for more details.   Despite the emphasis on peak commuting periods, however, non‐work trip‐making (shopping,  recreation, school travel) by automobile accounts for the largest source of greenhouse gas  emissions in the City of Palo Alto (according to the City’s 2010 Climate Action Plan).  By  making the crossing of Highway 101 at Adobe Creek a year‐round facility, nearly twice as many  trips are projected (74,000) than currently use the underpass when available from spring  through fall). While not all these trips would have been taken by vehicle, a significant number  can be expected to represent car trips removed from the arterial and highway system.    5. Documented Public Involvement/Support  The City of Palo Alto has invested substantially in evaluating and soliciting public input for the  alternative possibilities for this crossing. Key documents and planning processes include the  following:   City of Palo Alto Bicycle Transportation Master Plan (2003)    Baylands Master Plan (2008)   Bay Access Master Plan (2008)   Santa Clara Countywide Bicycle Plan (2008)   Santa Clara Valley Transportation Plan 2035 (VTP) (2009)   Draft East Meadow Concept Plan (2010)   City of Palo Alto Highway 101 Over/Undercrossing Feasibility Study (2011)   City of Palo Alto Bicycle + Pedestrian Transportation Plan (2012)   City of Palo Alto Bicycle Transportation Master Plan (2003)   The Bicycle Transportation Master Plan identified Highway 101 as a major barrier to bicyclists and  identifies the need for year‐round access along Adobe Creek. The Bicycle Transportation Plan  recommendations include: a new or improved all‐year Highway 101 under or overcrossing near  San Antonio Road (Table 4‐1: Recommended Additions to the Bikeway Network), bike lanes  and a sidewalk or path along San Antonio Road (referred to as Project 25), reconstruction of the  Adobe Creek/101 undercrossing (Project 64), and construction of a bike path along Matadero  Creek under Highway 101 (Projects 56 and 65).  Matadero Creek is identified as an opportunity  for a Bay Trail connection to Greer Park.  This Highway 101 Over/Undercrossing project is a  high priority project in the Bicycle Transportation Plan.  OneBayArea Grant (OBAG) Application  12 | Adobe Creek/Highway 101 Bicycle Pedestrian Bridge  Baylands Master Plan (2008)  The Baylands Master Plan’s Access and Circulation policies call for implementation of the  improvements to bicycle circulation identified in the Palo Alto Bicycle Transportation Plan and  the Comprehensive Plan, including improvements to pedestrian/bicycle access across Highway  101 at Adobe Creek, Matadero Creek, San Francisquito Creek and San Antonio Road.  Bay Access Master Plan (2008)  The Access and Circulation Policies element of the Bay Access Master Plan recommends  implementing the improvements to bicycle circulation in the Baylands described in the Palo Alto  Bicycle Transportation Plan and the City of Palo Alto Comprehensive Plan, including improving  pedestrian/bicycle access to the Baylands across Highway 101. The Plan states that “Use of the  flood basin would be compatible if…   access were limited to existing trails and those above the high‐water line with the  proposed flood plain mitigation project   most uses, including bicycle trails, were limited and encouraged only along the  perimeter levees of the flood basin   a portion or portions of the flood basin were closed to unguided access and reserved for  occasional educational use under supervision”  Santa Clara Countywide Bicycle Plan (2008)  Santa Clara Valley Transportation Authority (VTA) adopted the Santa Clara Countywide  Bicycle Plan (SCCBP) in 2008.  The SCCBP identifies Cross County Bicycle Corridors and other  projects of countywide or intercity significance and with significance to major employers within  each city in the county. The SCCBP identifies the segment of Highway 101 between Oregon  Expressway and San Antonio Road in the City of Palo Alto, i.e., Adobe Creek, as a potential  cross‐barrier connection.  Santa Clara Valley Transportation Plan 2035 (VTP) (2009)  The VTP is the long‐range vision for transportation in Santa Clara County. The Highway 101  Pedestrian/Bicycle Grade Separation project is listed in the Bicycle Expenditure Plan (BEP)  (Table 2‐8, p. 75).  During spring 2009, the BEP was reviewed and rescored, with the inclusion of requests for  revised allocation amounts for existing BEP projects and the addition of new projects. This  process created the new BEP project list for the 25‐year timeframe.  The US 101/Adobe Creek   Adobe Creek/Highway 101 Bicycle Pedestrian Bridge   Adobe Creek/Highway 101 Bicycle Pedestrian Bridge | 13  Pedestrian/Bicycle Grade Separation project is listed as VTP ID B59.  The total project cost is  listed as $13.0 million (2008 dollars) and the VTP allocation is $10.4 million (2008 dollars).  Draft East Meadow Concept Plan (2010)   As part of the Comprehensive Plan Amendment  process, the City of Palo Alto has prepared a draft  Concept Plan for the East Meadow Circle/Fabian  Way neighborhood. The City has held three  public workshops that included discussion on  how to improve bicycle/pedestrian access to the  Baylands within the East Meadow Circle/Fabian  Way Concept Plan area.  City staff, their  consultant and the workshop participants  discussed the possibility of 1) improving the  Adobe Creek underpass for year‐round access, 2)  constructing a new overpass near Adobe Creek  and 3) implementing minor or more extensive  bicycle and/or pedestrian facility improvements  along San Antonio Avenue.  At the conclusion of  these discussions, it was determined that a new  overpass was the most likely solution to support  existing and new potential demand for Baylands  access.  City of Palo Alto Highway 101  Over/Undercrossing Feasibility Study  (2011)  The City of Palo Alto Highway 101  Over/Undercrossing Feasibility Study identifies a  pedestrian and bicycle overcrossing at Adobe  Creek as the preferred alternative for improving connections across Highway 101 from South  Palo Alto to the Baylands and Bay Trail. The Feasibility Study considered the potential  environmental, engineering, operational, and permitting issues associated with potential  alignments. Evaluation included public outreach and input at several key points during the  planning process.  The proposed highway overcrossing is  envisioned to support increased demand for  Baylands access as a result of intensified  Office/R&D development in the East Meadow  Circle/Fabian Way sub area.  OneBayArea Grant (OBAG) Application  14 | Adobe Creek/Highway 101 Bicycle Pedestrian Bridge  Project stakeholders included the Santa Clara Water District (SCVWD), Caltrans, the Planning  and Transportation Commission, Palo Alto Bicycle Advisory Committee (PABAC), the Parks  and Recreation Commission, and Architectural Review Board. Project staff held two public  meetings to discuss interim deliverables and proposals.  City of Palo Alto Bicycle + Pedestrian Transportation Plan (BPTP, 2012)   The City of Palo Alto recommends this project as ABC‐1 Adobe Creek Highway 101  Overcrossing. The BPTP involved considerable public outreach, including two public open  houses and an online survey to solicit input from the general public. The BPTP was also  developed in coordination with the Palo Alto Bicycle Advisory Committee (PABAC), the  City/School Traffic Safety  Committee (CSTSC), and the  Planning & Transportation  Commission.  City of Palo Alto Highway  101 Overcrossing at Adobe  Creek – Preliminary Design  and Environmental  Analysis  Since June 2012, the City of Palo  Alto has continued to advance the  design and public involvement  for the Adobe Creek  overcrossing. In addition to an  environmental scoping public  workshop in September 2012  (attended by nearly 40  stakeholders), the project has undergone recent review by the City of Palo Alto Bicycle  Advisory Committee (PABAC), Parks & Recreation Commission, Planning & Transportation  Commission, Architectural Review Board, and City Council.   6. Local Match  Of the $9.5 million project cost, the local match will be $5.5 million, or approximately 58 percent  of the total project cost.    Postcards were mailed to residents as part of advance notice for the  environmental scoping meeting in September 2012. Nearly 40  residents attended to provide input on the project and its  assessment.  Adobe Creek/Highway 101 Bicycle Pedestrian Bridge   Adobe Creek/Highway 101 Bicycle Pedestrian Bridge | 15  7. Project Readiness  Project timeline from The Stanford and Palo Alto Trails Program: Connecting the Bay to the Ridge  Environmental  The City completed a Feasibility Study for the project in 2011, and the project is separately  included under the Mitigated Negative Declaration for the Bicycle + Pedestrian Transportation  Plan (2012). Due to potential new impacts not considered in the MND, the City of Palo Alto has  entered into a joint agreement with Caltrans to complete a combined CEQA/NEPA assessment  for the project.  The Draft EIR is in development, and a public hearing is anticipated for  scheduling in summer 2013.   Design  In June 2012 the City extended a consultant contract to advance the preliminary design of the  overcrossing project and select a preferred alignment alternative. In November 2012 the City  received a $4 million grant from the County of Santa Clara – Alternative Mitigation Program for  design and construction of the bridge as part of the Stanford‐Palo Alto Trail Program.  The City  will be advancing $1 million from the Stanford University Medical Center (SUMC) –  Sustainability Program as part of the 2014 Capital Improvement Program to complete the  design. As part of this process, the City is planning an Architectural Design Competition to be  held in 2013, with the winning team to complete the project design.   OneBayArea Grant (OBAG) Application  16 | Adobe Creek/Highway 101 Bicycle Pedestrian Bridge    The City of Palo Alto has coordinated with the Santa Clara Valley Water District, local property  owners, PG&E, and others to ensure compatibility with nearby creek maintenance activities, overhead  power lines, property access, and other site constraints.    Adobe Creek/Highway 101 Bicycle Pedestrian Bridge   Adobe Creek/Highway 101 Bicycle Pedestrian Bridge | 17  Right‐of‐Way  A Caltrans encroachment permit will be needed to construct the overpass over Highway 101,  including placement of a column in the center median of the highway. Caltrans design staff  have reviewed existing alignment concepts and have indicated they do not anticipate issues  related to right‐of‐way.  While a potential alignment is being assessed that does not encroach upon private property, the  tentative preferred alignment does impact approximately 1,700 square feet of a parking lot  corner associated with the 3600 West Bayshore Road commercial property. City of Palo Alto  staff have been briefing and coordinating with the property owners throughout the preliminary  design process, and there is a tentative agreement that a public use easement will be granted by  the property owner for this project.  The proposed Adobe Reach Trail, and portions of the west ramp of the overcrossing, will  require an encroachment permit for work within the Santa Clara Valley Water District  (SCVWD) right‐of‐way. A joint‐use agreement for operations with SCVWD will also be needed,  as would Architectural & Site Approval for work within the County’s jurisdictional boundary.  Depending on the final project design details, a grading permit also could be required.    8. Jobs Density  There are 24 jobs per acre within a half‐mile of the project corridor and within the ABAG‐ defined PDA. This density is expected to increase significantly as the nearby Google campus  and other large employers begin substantial expansions that are currently being planned.  Additional redevelopment and job densification of the East Meadow Circle/Fabian Way sub‐ area is expected and supported by City of Palo Alto planning.    9. Housing Density  There is less than one housing unit per acre within a half‐mile of the project corridor and within  the ABAG‐defined PDA.     10. Community of Concern and/or Community Air Risk Evaluation  This project is not in a COC or CARE designated location.    OneBayArea Grant (OBAG) Application  18 | Adobe Creek/Highway 101 Bicycle Pedestrian Bridge  11. Affordable Housing &/or Senior/Disabled‐Serving Facility  This project is within one‐mile of 60 HUD Subsidized Section 8 and Section 236 Family Units  located within Colorado Park Apartments (1141 Colorado Avenue).   The recently‐completed Sterling Park development on West Bayshore at Loma Verde Avenue  includes 96 housing units. Three recent residential developments; Echelon, Vantage and Altaire,  have generated 500 new housing units.    12. Proximity to Transit Station  VTA bus stops are within an eighth of a mile of the project, as shown in Attachment B. Bus lines  include 88L, 88, and the 120 Express Route, which provides a connection south to Fremont Bart  via Milpitas and Sunnyvale.  The Palo Alto Shuttle is a free shuttle that runs approximately hourly on weekdays to connect  residential neighborhoods, senior services, libraries, recreation centers, shopping districts, and  Caltrain. The Crosstown shuttle runs from the University Avenue Station through downtown to  the Stevenson House, an affordable elderly housing facility. A proposed new shuttle stop at  East Meadow and Fabian would serve the project area.  13. BEP Plan  The Bicycle Expenditure Program lists this project as B59: US 101/Adobe Creek  Pedestrian/Bicycle Grade Separation Project —Grade separation of US 101 for pedestrians and  bicyclists in the vicinity of San Antonio Rd. and Adobe Creek. $10.4 million is listed as the VTP  budget allocation for this project, in 2008 dollars.   Adobe Creek/Highway 101 Bicycle Pedestrian Bridge   Adobe Creek/Highway 101 Bicycle Pedestrian Bridge | 19    Photosimulation of the overcrossing looking northwest along West Bayshore Road. The project is  anticipated to significantly improve pedestrian conditions along this highly travelled frontage road, and  provide a Class I trail linkage from the bridge to E Meadow Drive as part of the Bay to Ridge Trail  network.     Photosimulation of the bridge (Alignment A) from Highway 101, looking southeasterly toward San  Antonio Road.     ATTACHMENT B PROJECT SUMMARY SHEET (OBAG) PROJECT NAME:Adobe Creek/Highway 101 Bicycle Pedestrian Overcrossing AGENCY NAME:(Agency with day‐to‐day responsibility for implementing PROJECT) City/Town of:City of Palo Alto  PROJECT MANAGER: (Person who can answer questions about this PROJECT) Name:Elizabeth Ames Title:Senior Engineer Phone:650.329.2502 email:Elizabeth.ames@cityofpaloalto.org PROJECT SCHEDULE: Project Phase: BEGIN ENVIRON BEGIN DESIGN BEGIN ROW CERT BEGIN CON Phase Month/Year: 9/12 6/12 6/14 9/15 Funds Requested: $4 million Local Match: $5.5 million Match (xx.xx%): 58% of total  (Round dollars to nearest thousands) CRITICAL TASKS: (if applicable)APPROVAL DATES* Expected Actual* Field Review 4/13 Environmental 11/13 Design 10/14 ROW/Permits 3/15 E76 Packet1 1 Deadline: Feb 1 of programmed year *Project manager will provide status updates X PROJECT is a stand‐alone project.  PROJECT is part of a larger project. Describe larger project:  SUBMITTAL DATES (Provide project title, identifying ID numbers, total project cost, larger project schedule and impact  on THIS project schedule.) 1 CITY OF PALO ALTO CITY COUNCIL DRAFT EXCERPT MINUTES ATTACHMENT C Page 1 of 4 Special Meeting June 24, 2013 Highway 101 Bike and Pedestrian Bridge at Adobe Creek Project Update and Direction on Design Competition. Brad Eggleston, Assistant Director of Public Works, reported the City was ready to begin the design phase of the Highway 101 Bike and Pedestrian Bridge (Bridge). If the Council chose to hold a design competition, then Staff would work with the American Institute of Architects (AIA) and return in August 2013 with details of the process. The goal of the Bridge was to have a year-round grade-separated crossing over Highway 101. Staff anticipated conducting preliminary design in 2013, proceeding with full design in 2014, and beginning construction in fall 2015. In late 2011 the Council directed Staff to begin the preliminary design of a Bridge and to investigate options for a design competition. Cost estimates for the Bridge were $5.4-$9.4 million and did not include the Adobe Creek Trail, which could add $150,000-$200,000. A cost estimate of $5.4-$6.7 million would provide a standard Bridge, 10 feet wide, and surrounded by chain link fence. A cost estimate of $6.6-9.4 million would provide an enhanced Bridge, 20 feet wide, with fencing, railing and lighting, and possibly a viewing deck. The City was required to perform a number of studies for environmental review, which should be completed by early 2014. The City obtained a $4 million grant from Santa Clara County and a $4 million grant from the One Bay Area Grant program; however, the City had to provide $1 million in local matching funds. Staff would work with AIA to develop design criteria, which included elements such as the type of Bridge, alignment, location of landings, feel of the Bridge, compatibility with local environment, and a budget. AIA would assist Staff with selecting approximately 20 experienced firms to receive invitations to participate in the competition. A jury would review firms' preliminary ideas and submissions, and select three or four firms to develop designs. The City would then contract with the selected firms and pay them a stipend of $10,000-$20,000 each. Firms would develop and submit designs, and then the jury would review the designs and determine a winner. Staff would present the final designs to the Planning and Transportation Commission (PTC), Architectural Review Board (ARB), DRAFT EXCERPT MINUTES Page 2 of 4 City Council Special Meeting Draft Excerpt Minutes: 6/24/13 and Council to determine which design would be constructed. The standard design process would be slightly faster by a few months. A competitive process would provide multiple concepts from different designers, cost slightly more, and require a greater investment of Staff time. Council Member Kniss felt standard bridges were not noticed. A stunning bridge with attractive lighting would be an asset for Palo Alto; however, cost would be a factor. Council Member Klein believed a design competition was the first step to improving the design of public infrastructure. He assumed the design competition rules would clearly state that designs must meet a proposed budget. Mr. Eggleston indicated the rules would make that very clear. Council Member Klein noted the Council could reject designs selected by the jury. Council Member Schmid was concerned about designs being too costly to construct, and asked how the jury would consider cost in their deliberations. Mr. Eggleston would set cost as a design constraint at the beginning of the process. Council Member Schmid assumed firms would design to the limit of the budget. Mr. Eggleston suggested the Council consider whether to state the budget limit was $10 million. Council Member Schmid inquired about Staff's ability to set a limit when there was no design to consider in preparing a budget. Mr. Eggleston would solicit assistance from AIA to develop design criteria. Staff envisioned obtaining PTC and ARB comments and Council approval of design criteria before beginning a competition. Council Member Schmid noted that AIA, PTC and ARB would not be responsible for creating a budget for the project. Elizabeth Ames, Senior Engineer, explained that firms would provide a cost estimate along with designs. Staff would then evaluate the cost of the proposed designs. DRAFT EXCERPT MINUTES Page 3 of 4 City Council Special Meeting Draft Excerpt Minutes: 6/24/13 Council Member Schmid inquired whether design and engineering experts would review costs. Mr. Eggleston replied yes. James Keene, City Manager, suggested the design criteria could clearly state an upper amount while allowing designers to include features that were optional for construction. Council Member Schmid added that the City had other important projects that needed funding. Mr. Keene noted the Council directed Staff to provide information about a competition. Staff would provide more information related to design criteria once the Council decided whether a competition would be held. Council Member Burt suggested high value design be included in the criteria. LED lighting, a new visual art medium, was both low cost and sustainable. An integration of solar power and LED lighting would be interesting. MOTION: Council Member Price moved, seconded by Council Member Klein to: 1) consider the relative advantages of the invited design competition process and the conventional design process; and 2) direct Staff to initiate an invited design competition process with management assistance from the American Institute of Architects for the design of the Highway 101 at Adobe Creek pedestrian/bicycle bridge, and to return to Council in August 2013 with a detailed process and schedule for conducting the competition. Council Member Price believed the Bridge was a tremendous opportunity to develop a visible and significant landmark. A design competition could be mindful of value engineering while blending artistic and technical elements. Financial expectations should be clearly stated. Council Member Klein felt Council Members' suggestions would be helpful in guiding Staff. Council Member Berman inquired whether the City had ever held a design competition. Mr. Eggleston noted only design competitions for art. Council Member Berman indicated a competition was a good method to solicit a broad spectrum of designs. DRAFT EXCERPT MINUTES Page 4 of 4 City Council Special Meeting Draft Excerpt Minutes: 6/24/13 Vice Mayor Shepherd believed the location of the Bridge would have visual impact. Mr. Keene stated the experience of the Bridge would be a factor in design. Council Member Berman applauded Staff for obtaining $8 million in grants. MOTION PASSED: 7-0 Holman, Scharff absent Gonsalves. Ronna From: Sent: To: Cc: Subject: RE: Alternative Measures Dear Edie, CITY UF P,(\LO ALTO. CA L.i 1 I LdJ\it j vPFiO[ neighborshelpingneig hbors2013 < neighborshelpilJ.9!leiQhbqr~2.0l3@gmail.com > Sunday, July 28,2013 3:37 PM J 3 JUL JU rM I-I lit Edie Keating Wayne Douglass; Joy Sieizer; Katie Fantin; Lynn Huidekoper; mary.p.stuart@gmaiLcom; Lois Salo; George Chippendale; Council, City; Judith Bhushan; Chris@streetsteam.org; chuckjagoda; racheUindenberg; Norma Grench; Gail Thompson; Nick Selby; t.ciampi@hotmaiLcom; Mary Colleen Klein; georgehmills@sbcglobaLnet; Aram James; geoff.browning@stanford.edu; snug.bug@hotmaiLcom; roberta ahlquist; James Ows; Mike Fischetti,MD-OCN Re: Seeking comment on across 101 sites We saw you on the 11 :OOpm TV news last night. Good job! Is STB Coalition thinking of crafting an Alternative Measures documents? I think its a wonderful idea. It will help with "changing hearts & minds" speaches to the PACC Aug. 5th. And it will provide good points for our friends and contacts personal emails to the council members this week. I have afew concerns about 101 site(s), 1) Criminal Elements -the safety of VDs should be first. That is very easy access for criminals to rob our VDs with a quick get away. A. Security patrol -public/private maybe the solution. ) 2) Unhospitable Conditions -it is bitterly cold and windy most of year. 3) What bathroom facilities would they have. Just afew cursory thoughts. Caryll-Lynn Taylor, Exc. Dir. & Food Programs Chair #650-283-0270 NeighborsHeipingNeighbors20 13@gmail.com P.O. BOX 113 Palo Alto, CA 94302 On Jul28, 2013 3:19 PM, "Edie Keating" <edie.keatingl00@gmail.com> wrote: > > Hi everyone -first -thank you to everyone who helped with yesterday's event. We believe 75 to 80 people were there, and there was a lot of conversation. > > I publicly stated yesterday some support for a car dweller site on the other side of 101. I think there are sites over there that might have very little community opposition, in contrast to Cubberley, or the recent report about Park Avenue. 53 > > But across 101 is out ofthe way. Does this make it a bad suggestion? Please comment, especially car dwellers. (Tony -can you forward to other cardwellers whose emails you know?) > > Also -the Santa Barbara model as I understand it has everyone leave the parking lots every morning. Is that workable? Or a big problem? > > Thanks, Edie 54 Gonsalves, Ronna From: Sent: To: Cc: Subject: ["1'\1 Q' r: DJ~l n r~lTO, CA \J.' ~ I Ii'" l_ "'" . 61 (I [LERIt'S 8FFleE chuckjagoda <chuckj agoda1@gmaiLcom,>3JUL "0' P~1 1: '4 Sunday, July 28, 2013 9:53 PM J neighborshelpingneighbors2013 Edie Keating; Wayne Douglass; Joy Sieizer; Katie Fantin; Lynn Huidekoper; mary.p.stuart@gmaiLcom; Lois Salo; George Chippendale; Council, City; Judith Bhushan; Chris@streetsteam.org; racheUindenberg; Norma Grench; Gail Thompson;, Nick Selby; t.ciampi@hotmaiLcom; Mary Colleen Klein; georgehmills@sbcglobaLnet; Aram James; geoff.browning@stanford.edu; snug.bug@hotmaiLcom; roberta ahlquist; James Ows; Mike Fischetti,MD-OCN Re: Seeking comment on across 101 sites Hi Lynn and Everyone, I agree, alternatives are always a good idea. Alternative parking sites are a good idea and work well in Santa Barbara. We have a lot to learn from Santa Barbara and how they deal with unsheltered issues. The City of Palo Alto is extremely limited in its views--probably about a lot of things--but most definitely when it comes to those it considers undesirables. As others (Tony Ciampi, etc.) have pointed out, there is similarity in the ways municipalities deal with those they consider undesireable-- the Sundown Laws, Jim Crow, Pass Laws, ghettoization, shunning, internment camps (WWII --the Germans, the U.S., the Japanese), and death (CIA, warfare, drone killing). I left out torture. Torture is very popular with those who have especially insatiable demons. One HUGE difference between Palo Alto and Santa Barbara is that SB uses all resources to solve problems. For example, the excellent parking lot uses city lots, county lots, state lots, and private lots to house vehicles dwellers. In Palo Alto there is widespread panic whenever officials of the City or members of the private sector with an anti-homeless agenda think, talk, or hear about the homeless. They seem to have as their greatest fear that someone (a homeless someone) might get to live in a neighborhood of million dollar homes without paying a million dollars. Or live in a nice place like P A without buying a home or paying rent. They say they want to solve these and other problems but they are very attentive to NOT doing so with public money. SB doesn't impose such restrictions on their problem-solving and therefore get a lot more of it done a lot better. Palo Alto suffers from the penny wise; pound foolish type of paranoia and there are enough people who agree in such paranoia to keep PA going down some mighty expensive rat holes. This ordinance, for example, if those who are addicted to it (and that does seem to describe their behavior to a large extent) if enacted will cost a fortune in lost time, effort, and legal fees, plus damages, perhaps. Diversity is another issue, quite related. Smart citizens who care for their cities know that diversity is much better than not having diversity. PA is inexorably being drawn into tighter, richer, and more 35 homogeneous dimensions. Eventually, there will be no one within easy commuting distance to do all the menial jobs that need doing--restaurant prep, lawns, labor--then what? I would love to have an animated presentation that shows people living in cars and then NOT living in their cars. Where do they go? What do they do? Sleep on lawns? On the sidewalks? Get more and worse diseases as they are more exposed to the weather? Get sick more often? Die at even younger ages? Have the City Council members who favor the ordinance thought this through? I find it hard to see that they have. As near as I can see, they think that the dreaded ordinance will convince people to move away to some more hospitable place and the chosen, anointed, and deserving winners of the race of life can kick back and enjoy the undesireable-free rewards they deserve for the good decisions they made. I welcome any ADDITIONAL services or parking alternative the city can and does provide, contribute to, or at least stays out of the way of. However, talk is cheap and actions speak. I'll believe the marvelous services I've heard so much about when I see them. The idea of giving up what we have now--the ability to find a place to hole up for the night and the right to use it--for some half-baked possible parking program and some ill-defined, but well-intend, and heavily-promised services is not something I'm in a hurry to do or would advise anyone else to do. I believe manyin Palo Alto mean well, would like to see peace, and want to be fair to us. However, none of that is any reason to give up what we've got or to believe in what "will" be. I think we should hold on to what little we've got and try to improve our lots and the lots of those children of the presently oppressive residents as well as some of those who are now unsympathetic to us and will someday understand that they are not invulnerable to the forces that have befallen us. I define the basic problem we have as lack of resources. I don't see how taking or giving away those resources is any help. There are MANY alternatives it would behoove the powers of Palo Alto to consider. So far, all I've seen is lip services in aid of such consideration. A partial list of alternatives not considered so far that I can see: 1. a tipi village operated by and for homeless people on some small part of Stanford's huge holdings 2. use of present facilities to house homeless, at least at night. I include the post office on Hamilton Street. San Diego converted a whole floor of their PO to this purpose. I believe this has been successful 3. Stop chasing homeless from downtown parking garages. There is some disgraceful language in the contracts that the city signs with the Downtown Streets Team and more disgraceful treatment of homeless people. WE ARE NOT YOUR GARBAGE. We are your parents, children, brothers and sisters. 36 Lynn. about a parking colony across 101. Transportation would be an issue, but not an insurmountable one. Bathrooms are not the big thing housed people think they are. Some of the lots in SB have portapotties or access to regular bathrooms. Some do not. If a church was allowing the use of one of their lots and it didn't have a bathroom, sometimes they raised the money to add one. Sometimes not. Homeless people are pretty resourceful and can deal without having a bathroom handy if necessary. It's not nearly the big issue for us that it is people who are concerned about us and whose solution is for us to not be able to sleep in our cars. I am sorry I could not get here for the dinner at Cubberley last night. I look forward to meeting you all and will see you all at the next event--Aug 5th, I believe, if not before. Chuck On Sun, Jul28, 2013 at 3:37 PM, neighborshelpingneighbors2013 <neighborshelpingneighbors20 13@gmai1.com> wrote: RE: Alternative Measures I Dear Edie, We saw you on the 11 :OOpm TV news last night. Good job! Is STB Coalition thinking of crafting an Alternative Measures documents? I think its a wonderful idea. It will help with "changing hearts & minds" speaches to the PACC Aug. 5th. And it will provide good points for our friends and contacts personal emails to the council members this week. I have afew concerns about 101 site(s), 1) Criminal Elements -the safety ofVDs should be first. That is very easy access for criminals to rob our VDs with a quick get away. A. Security patrol -public/private maybe the solution. 2) Unhospitable Conditions -it is bitterly cold and windy most of year. 3) What bathroom facilities would they have. Just afew cursory thoughts. Caryll-Lynn Taylor, Exc. Dir. & Food Programs Chair #650-283-0270 N eighborsHelpingNeighbors20 13@gmail.com P.O. BOX 113 Palo Alto, CA 94302 37 On lui 28, 20133:19 PM, "Edie Keating" <edie.keating100@gmail.com> wrote: > > Hi everyone -first -thank you to everyone who helped with yesterday's event. We believe 75 to 80 people were there, and there was a lot of conversation. > > I publicly stated yesterday some support for a car dweller site on the other side of 101. I think there are sites over there that might have very little community opposition, in contrast to Cubberley, or the recent report about Park Avenue. > > But across 101 is out of the way. Does this make it a bad suggestion? Please comment, especially car dwellers. (Tony -can you forward to other cardwellers whose emails you know?) > > Also -the Santa Barbara model as I understand it has everyone leave the parking lots every morning. Is that workable? Or a big problem? > > Thanks, Edie 38 Gonsalves. Ronna From: Sent: To: Cc: Subject: Dear Friends, CITY UF PJ\LD t\LTO. CA Ci, I CEER?, S 6F riCE NGrench@aol.com Sunday, July 28; 2013 7:46 PM 13 JUl 30 PM I: 15 geoff.browning@stanford.edu; neighborshelpingneighbors2013@gmail.com waynejdouglass@gmail.com; joy.sleizer142@gmail.com; katie@vcfp.org; Iynn_huidekoper@hotmail.com; mary.p.stuart@gmail.com; Isa1o@aol.com; grchippEmdale@yahoo.com; Council, City; Bhushans@aol.com; chris@streetsteam.org; chuckjagoda1@gmail.com; racheLlindenberg@gmail.com; gailt1225@earthlink.net; selbytelecom@gmail.com; t.ciampi@hotmail.com; marycklein@yahoo.com; georgehmills@sbcglobal.net; abjpd1@gmail.com; snug.bug@hotmail.com; robertaahlquist@yahoo.com; hobredo@gmail.com; drpesto@hotmail.com; edie.keating100@gmail.com Re: Seeking comment on across 101 sites I have the very same concerns that my friend, Geoff Browning expresses here. Norma Grench hi a message dated 7/28/2013 6:47:25 P.M. Pacific Daylight Time, geoff.browning@stanford.edu writes: Dear All, By s·uggesting a place on the other side of 101, are we not moving the VDs outside of Palo Alto to EPA? And if so, does that amount to making this someone else's problem? I'm unclear on where these other sites would be across 101. Paz, G. 'P't. ~ Pastor Geoff Browning Campus Minister Progressive Christians @ Stanford United Campus Christian Ministry PO Box 20149 Stanford, CA 94309 "Why are we violent and not illiterate? Because we are taught to read." Student of Colman McCalthy in a 13-word essay From: "neighborshelpingneighbors2013" <neighborshelpingne!ghbors2013@gmaiLcom> To: "Edie Keating" <edie.keating100@gmaiLcom> . Cc: 'Wayne Douglass" <waynejdouglass@gmaiLcom>, "Joy Sieizer" <joy.sleizer142@gmaiLcom>, "Katie Fantin" <katie@vcfp.org>, "Lynn Huidekoper" <lynn_huidekoper@hotmaiLcom>, "mary p stuart" <mary.p.stuart@gmaiLcom>, "Lois Salo" <lsa10@aoLcom>, "George Chippendale" <grchippendale@yahoo.com>, "palo alto city council" <city.council@cityofpaloalto.org>, "Judith Shushan" <Shushans@aoLcom>, "Chris@streetsteam.org" <chris@streetsteam.org>, "chuck jagoda" <chuckjagoda 1 @gmaiLcom>, "racheLlindenberg" <racheLlindenberg@gmaiLcom>, "Norma 47 Grench .. <ngrench@aoLcom>, "Gail Thompson" <gailt1225@earthlink.net>, "Nick Selby" <selbytelecom@gmaiLcom>, Itt ciampi" <t.ciampi@hotmaiLcom>, "Mary Colleen Klein" <marycklein@yahoo.com>, georgehmills@sbcglobaLnet, "Aram James" <abjpd1@gmaiLcom>, "geoff browning" <geoff.browning@stanford.edu>, "snug bug" <snug.bug@hotmaiLcom>, "roberta ahlquist" <robertaahlquist@yahoo.com>, "James Ows" <hobredo@gmaiLcom>, "Mike Fischetti, MD-OCN" <drpesto@hotmaiLcom> Sent: Sunday, July 28, 2013 3:37:22 PM Subject: Re: Seeking comment on across 101 sites RE: Alternative Measures Dear Edie, We saw you on the 11 :OOpm TV news lastnight. Good job! Is STB Coalition thinking of crafting an Alternative Measures documents? I think its a wonderful idea. It will help with "changing hearts & minds" speaches to the PACC Aug. 5th. And it will provide good points for our friends and contacts personal emails to the council members 'this week. I have afew concerns about 101 site(s), '1) Criminal Elements -the safety of VDs should be first. That is very easy access for criminals to rob our VDs with a quick get away. A. Security patrol -public/private maybe the solution. 2) Unhospitable Conditions -it is bitterly cold and windy most of year. 3) What bathroom facilities would they have. Just afew cursory thoughts. Caryll-Lynn Taylor, Exc. Dir. & Food Programs Chair #650-283-0270 NeighborsHelpingNeighbors2013@gmail.com P.O. BOX 113 Palo Alto, CA 94302 On Ju128, 2013 3:19 PM, "Edie Keating" <edie.keating100@gmaiLcom> wrote: > > Hi everyone -first -thank you to everyone who helped with yesterday's event. We believe 75 to 80 people were there, and there was a lot of conversation~ > > I publicly stated yesterday some support for a car dweller site on the other side of 101. I think there are sites over there that might have very little community opposition, in contrast to Cubberley, or the recent report about Park Avenue. > > But across 101 is out of the way. Does this make it a bad suggestion? Please comment, especially car dwellers. (Tony -can you forward to other cardwellers whose emails you know?)' > 48 > Also -the Santa Barbara model as I understand it has everyone leave the parking lots every morning. Is that workable? Or a big. problem? > > Thanks, Edie 49 Gonsalves, Ronna From: Sent: To: Cc: Subject: Dear All, ... -. r' Ll·O r''; . f' P Y 0 f-\.lJ\ l iJ M • v t', Geoff Browning <geoff.browning@stanford~~f!py CLERK'S OFFiCE Sunday, July 28, 2013 6:47 PM neighborshelpingneighbors2013 13 JUL 30 P~1 t: 15 Wayne Douglass; Joy Sieizer; Katie Fantin; Lynn Huidekoper; mary p stuart; Lois Salo; George Chippendale; Council, City; Judith Bhushan; Chris@streetsteam.org; chuck jagoda; racheUindenberg; Norma Grench;Gail Thompson; Nick Selby; t ciampi; Mary Colleen Klein; georgehmills@sbcglobaLnet; Aram James; snug bug; roberta ahlquist; James Ows; Mike Fischetti,MD-OCN; Edie. Keating Re: Seeking comment on across 101 sites By suggesting a place on the other side of 101, are we not moving the VDs outside of Palo Alto to EPA? And if so, does that amount to making this someone else's problem? I'm unclear on where these other sites would be across 101. Paz, G. 'Pit. H Pastor Geoff Browning Campus Minister Progressive Christians @ Stanford United Campus Christian Ministry PO Box 20149 Stanford, CA 94309 "Why are we violent and not illiterate? Because we are taught to read." Student of Colman McCarthy in a 13-word essay From: "neighborshelpingneighbors2013" <neighborshelpingneighbors2013@gmail.com> To: "Edie Keating" <edie.keating100@gmail,com> ' . Cc: "Wayne Douglass" <waynejdouglass@gmail,com>, "Joy Sieizer" <joy.sleizer142@gmail,com>, "Katie Fantin" <katie@vcfp.org>, "Lynn Huidekoper" <Iynn_huidekoper@hotmail,com>, "mary p stuart" <mary.p.stuart@gmail,com>, "Lois Salo" <lsa10@aol,com>, "George Chippendale" c::grchippendale@yahoo.com>, "palo alto·city council" <city.council@cityofpa1oalto.org>, "Judith Bhushan" <Bhushans@aol,com>, "Chris@streetsteam.org" <chris@streetsteam.org>, "chuck jagoda" <chuckjagoda1 @gmail,com>, "rachel.lindenberg" <rachel.lindenberg@gmail,com>, "Norma Grench" <ngrench@aol,com>, "Gail Thompson" <gailt1225@earthlink.net>, "Nick Selby" <selbytelecom@gmail,com>, "t ciampi" <t.ciampi@hotmail,com>, "Mary Colleen Klein" <marycklein@yahoo.com>, georgehmills@sbcglobal,net, "Aram James" <abjpd1@gmail,com>, "geoff browning" <geoff.browning@stanford.edu>, "snug bug" <snug.bug@hotmail,com>, "roberta ahlquist" <robertaahlquist@yahoo.com>, "James Ows" <hobredo@gmail,com>, "Mike Fischetti,MD- OCN" <drpesto@hotmail,com> Sent: Sunday, July 28,20133:37:22 PM Subject: Re: Seeking comment on across 101 sites 50 RE: Alternative Measures Dear Edie, We saw you on the 11 :OOpm TV news last night. Good job! Is STB Coalition thinking of crafting an Alternative Measures documents? I think its a wonderful idea. It will help with "changing hearts & minds" speaches to the PACC Aug. 5th. And it will provide good points for our friends and contacts personal emails to the council members this week. I have afew concerns about 101 site(s), 1) Criminal Elements -the safety ofVDs should be first. That is.very easy access for criminals to rob our VDs with a quick get away. A. Security patrol-public/private maybe the solution. 2) Unhospitable Conditions -it is bitterly cold and windy most of year. 3) What bathroom facilities would they have. Just afew cursory thoughts. Caryll-Lynn Taylor, Exc. Dir. & Food Programs Chair #650-283-0270 NeighborsHelpingNeighbors2013@gmail.com P.O. BOX 113 Palo Alto, CA 94302 On Ju128, 2013 3:19 PM, "Edie Keating" <edie.keating100@gmail.com> wrote: > > Hi everyone -first -thank you to everyone who helped with yesterday's event. We believe 75 to 80 people.were there, and there was a lot of conversation. > > I publicly stated yesterday some support for a car dweller site on the other side of 101. I think there are sites over there that might have very little community opposition, in contr~st to Cubberley, or the recent report about Park Avenue. > > But across 101 is out of the way. Does this make it a bad suggestion? Please comment, especially car dwellers. (Tony -can you forward to otherJcardweliers whose emails you know?) > > Also -the Santa Barbara model as I understand it has everyone leave the parking lots every morning. Is that workable? Or a big problem? . > > Thanks, Edie 51 Gonsalves, Ronna From: Sent: To: Cc: Subject: CiTY OF PALO (.l.LTO, CA Ci I I CLEhh 3 or r ICI! Edie Keating <edie.keating100@gmaiLcom> pM I" 1"1 Sunday, July 28, 2013 3:19 PM 13JUL 30 n • 1 Judith Bhushan Lynn Huidekoper; Katie Fantin; James Ows; snug.bug@hotmaiLcom; roberta ahlquist; Council, City; geoff.browning@stanford.edu; Mike Fischetti,MD-OCN; Norma Grench; George Chippendale; Mary Colleen Klein; georgehmills@sbcglobaLnet; Chris@streetsteam.org; Lois Salo; Nick Selby; Joy Sieizer; Gail Thompson; racheLlindenberg; Wayne·Douglass; neighborshelpingneighbors2013; chuckjagoda; mary.p.stuart@gmaiLcom; t.ciampi@hotmaiLcom; Aram James Seeking comment on across 101 sites Hi everyone -first -thank you to everyone who helped with yesterday's event. We believe 75 to 80 people were there, and there was a lot of conversation. I publicly stated yesterday some support for a car dweller site on the other side of 101. I think there are sites . over there that might have very little community opposition, in contrast to Cubberley, or the recent report about Park Avenue. But across 101 is out of the way. Does this make it a bad suggestion? Please comment, especially car dwellers. (Tony -can you forward to other cardwellers whose emails you know?) Also -the Santa Barbara model as I understand it has everyone leave the parking lots every morning. Is that workable? Or a big problem? Thanks, Edie 55 Gonsalves, Ronna From: Sent: To: Cc: Subject: GiT Y UF PALO' :~LTO, CA Edie Keating <edie.keatinglOO@gmail,com> CITY CLERK'S OFFICE Sunday, July 28, 2013 6:02 PM Judith Bhushan '3 JUl 30 PM f: 1& Lynn Huidekoper; Katie Fantin; James Ows; snug.bug@hotmaiLcom; roberta ahlquist; Council, City; geoff.browning@stanford.edu; Mike Fischetti,MD-OCN; Norma Grench; George Chippendale; Mary Colleen Klein; georgehmills@sbcglobal,net; Chris@streetsteam.org; Lois Salo; NiCk Selby; Joy Sieizer; Gail Thompson; rachel.lindenberg; Wayne Douglass; neighborshelpingneighbors2013; chuckjagoda; mary.p.stuart@gmail,com; t.ciampi@hotmail,com; Aram James email list caution Hi -we've been using each other's lists of emails, and I just used one that had palo alto city council included. Oops. (and no big deal on what was sent -phew.) So as we chat, please make sure any list you reply to does not include palo alto city council. Thanks, Edie On Sun, Ju128, 2013 at 3:19 PM, Edie Keating <edie.keatinglOO@gmail.com> wrote: Hi everyone -first -thank you to everyone who helped with yesterday's event. We believe 75 to 80 people were there, and there was a lot of conversation. I publicly stated yesterday some support for a car dweller site on the other side of 101. I think there are sites over there that might have very little community opposition, in contrast to Cubberley, or the recent report about Park Avenue. . But across 101 is out of the way. Does this make it a bad suggestion? Please comment, especially car dwellers. (Tony -can you forward to other cardwellers whose emails you know?) Also -the Santa Barbara model as I understand it has everyone leave the parking lots every morning. Is that workable? Or a big problem? Thanks, Edie 52 City of Palo Alto (ID # 3952) City Council Staff Report Report Type: Consent Calendar Meeting Date: 8/5/2013 City of Palo Alto Page 1 Summary Title: Resolution Authorizing Federal Funding from MTC (VERBS) Title: Adoption of a Resolution Authorizing the Filing of an Application for Federal Vehicle Emissions Reductions Based At Schools (VERBS) Funding for the Arastradero Road Schoolscape – Multiuse Trail and Committing the Necessary Non-Federal Match and Stating the Assurance to Complete the Project From: City Manager Lead Department: Planning and Community Environment Recommendation Staff recommends that the Council adopt the attached resolution in support of the Santa Clara Valley Transit Authority (VTA) submitting an application to the Metropolitan Transportation Commission (MTC) on behalf of the City of Palo Alto for the Palo Alto Arastradero Road Schoolscape – Multi-use Trail Project. This application is part of the VTA – Vehicle Emissions Reductions Based at Schools (VERBS) program. Background The Santa Clara County Valley Transportation Authority (VTA) released a call for projects for the Vehicle Emissions Reductions Based at Schools (VERBS) Program on November 19, 2012. The VERBS Program funds both capital and non-capital projects aimed at promoting alternative transportation modes for schools. In response to the call for projects, staff prepared an application for the capital category for the Arastradero Road Schoolscape – Multi-use Trail Project between Georgia Avenue and Miranda Avenue to improve walking and bicycling facilities. The project ranked the highest in the VERBS Program scoring because of the safety improvements and connectivity benefits. The project also directly supports Safe Routes to School commute activities for students attending Gunn High School and Terman Middle School. Discussion City of Palo Alto Page 2 The Arastradero Road Schoolscape – Multi-use Trail project proposes a reconstruction of the sidewalk along the south side of Arastradero Road between the Hetch Hetchy-Los Altos Pathway and Miranda Avenue. This project would include a multi-use trail with complementary streetscape treatments such as lighting and landscaping to provide a comfortable and safe environment for the high volume of school-aged users in the corridor. The project includes:  A new .26 mile multi-use pathway along the south side of Arastradero Road between the Hetch Hetchy-Los Altos pathway and Miranda Avenue with pedestrian rails to restrict access across Arastradero Road and complimentary hardscape/landscape treatments;  Upgrades to the Hetch Hetchy-Los Altos Trail Path near Terman Middle School, including low-level lighting in conjunction with trail maintenance and access improvements;  Schoolscape measures along Arastradero Road including pedestrian-scaled lighting and landscaped median islands to encourage vehicle speed reductions on Arastradero Road;  Schoolscape intersection treatments at Gunn High School including study and consideration of exclusive pedestrian signal phasing, enhanced textured crosswalk treatments, and ADA upgrades. Resource Impact There is no immediate resource impact in submitting the resolution for the project so that VTA may submit an application to MTC for funding. If the project is funded by MTC, a mid-year capital improvement project for $1.5 million will be requested. Approximately $1,000,000 of the project would be grant-reimbursed and a local match of $502,000 will need to be identified. Policy Implications The Arastradero Road Schoolscape – Multi-use Trail Project is consistent with City Council policy, the 2012 Bicycle and Pedestrian Transportation Plan, and activities in promoting the City/School/Community Safe Routes to Schools Partnership. Environmental Review Adoption of this resolution is not a project under the California Environmental Quality Action (CEQA). Attachments: City of Palo Alto Page 3  Attachment A: Resolution of Local Support for VERBS (PDF)  Attachment B: VERBS Project Application (PDF) NOT YET APPROVED 1 130709 jb 0131113 Resolution No. ______ Resolution of the Council of the City of Palo Alto Authorizing the Filing of an Application for Federal Vehicle Emissions Reductions Based At Schools (VERBS) Funding for the Arastradero Road Schoolscape – Multiuse Trail and Committing the Necessary Non-Federal Match and Stating the Assurance to Complete the Project R E C I T A L S A. The City of Palo Alto (herein referred to as APPLICANT) is submitting an application to the Metropolitan Transportation Commission (MTC) for $1 million in funding assigned MTC for programming discretion, including by not limited to federal funding administered by the Federal Highway Administration (FHWA) such as Surface Transportation Program (STP) funding, Congestion Mitigation and Air Quality Improvement (CMAQ) funding and/or Transportation Alternatives (TA) funding (herein collectively referred to as REGIONAL DISCRETIONARY FUNDING) for the Arastradero Schoolscape - Multi-Use Trail (herein referred to as PROJECT) for the Vehicle Emissions Reductions Based at Schools (VERBS) program (herein referred to as PROGRAM). B. The Moving Ahead for Progress in the 21st Century Act (Public Law 112-141, July 6, 2012) and any extensions or successor legislation for continued funding (collectively, MAP 21) authorize various federal funding programs including, but not limited to the Surface Transportation Program (STP) (23 U.S.C. § 133), the Congestion Mitigation and Air Quality Improvement Program (CMAQ) (23 U.S.C. § 149) and the Transportation Alternatives Program (TA) (23 U.S.C. § 213). C. State statutes, including California Streets and Highways Code 182.6 and 182.7 provide various funding programs for the programming discretion of the Metropolitan Planning Organization (MPO) and the Regional Transportation Planning Agency (RTPA). D. Pursuant to MAP-21, and any regulations promulgated thereunder, eligible project sponsors wishing to receive federal funds for a project shall submit an application first with the appropriate MPO for review and inclusion in the MPO's Transportation Improvement Program (TIP). E. MTC is the MPO and RTPA for the nine counties of the San Francisco Bay region. F. MTC has adopted a Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) that sets out procedures governing the application and use of federal funds. G. The APPLICANT is an eligible sponsor for REGIONAL DISCRETIONARY FUNDING. H. As part of the application for REGIONAL DISCRETIONARY FUNDING, MTC requires a resolution adopted by the responsible implementing agency stating the following: 1. the commitment of any required matching funds of at least 11.47%. 2. the sponsor understands that the REGIONAL DISCRETIONARY FUNDING is fixed at the programmed amount, and therefore any cost increase cannot be expected to be funded with additional REGIONAL DISCRETIONARY FUNDING. 3. the project will comply with the procedures, delivery milestones and funding deadlines specified in the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised). 4. the assurance of the sponsor to complete the project as described in the application, and if NOT YET APPROVED 2 130709 jb 0131113 approved, as included in MTC's federal Transportation Improvement Program (TIP). 5. the project will comply with all project-specific requirements as set forth in the PROGRAM. 6. the project (transit only) will comply with MTC Resolution No. 3866, revised, which sets forth the requirements of MTC’s Transit Coordination Implementation Plan to more efficiently deliver transit projects in the region. The Council of the City of Palo Alto RESOLVES as follows: SECTION 1. The APPLICANT is authorized to execute and file an application for funding for the PROJECT for REGIONAL DISCRETIONARY FUNDING under MAP-21 for continued funding; and be it further RESOLVED that the APPLICANT by adopting this resolution does hereby state that: 1. APPLICANT will provide $501,605 in matching funds. 2. APPLICANT understands that the REGIONAL DISCRETIONARY FUNDING for the project is fixed at the MTC approved programmed amount, and that any cost increases must be funded by the APPLICANT from other funds, and that APPLICANT does not expect any cost increases to be funded with additional REGIONAL DISCRETIONARY FUNDING. 3. APPLICANT understands the funding deadlines associated with these funds and will comply with the provisions and requirements of the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) and APPLICANT has, and will retain the expertise, knowledge and resources necessary to deliver federally-funded transportation projects, and has assigned, and will maintain a single point of contact for all FHWA-funded transportation projects to coordinate within the agency and with the respective Congestion Management Agency (CMA), MTC, Caltrans and FHWA on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA-funded transportation projects implemented by APPLICANT. 4. PROJECT will be implemented as described in the complete application and in this resolution and, if approved, for the amount approved by MTC and programmed in the federal TIP. 5. APPLICANT and the PROJECT will comply with the requirements as set forth in MTC programming guidelines and project selection procedures for the PROGRAM. 6. APPLICANT (for a transit project only) agrees to comply with the requirements of MTC’s Transit Coordination Implementation Plan as set forth in MTC Resolution 3866, revised; and therefore be it further RESOLVED: SECTION 2. The APPLICANT is an eligible sponsor of REGIONAL DISCRETIONARY FUNDING funded projects; and be it further RESOLVED: 1. The APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT. 2. There is no legal impediment to APPLICANT making applications for the funds. 3. There is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT. 4. The APPLICANT authorizes its Executive Director, General Manager, or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution. 5. A copy of this resolution will be transmitted to the MTC in conjunction with the filing of the application. NOT YET APPROVED 3 130709 jb 0131113 6. The MTC is requested to support the application for the PROJECT described in the resolution and to include the PROJECT, if approved, in MTC's federal TIP. SECTION 3. The Council finds that the adoption of this resolution does not meet the definition of a project under Public Resource Code Section 21065, thus no environmental assessment under the California Environmental Quality Act is required. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Senior Assistant City Attorney City Manager ____________________________ Director of Planning and Community Environment ____________________________ Director of Administrative Services   VEHICLE EMISSIONS REDUCTIONS BASED AT SCHOOLS (VERBS)  GRANT APPLICATION  FY2012/13‐FY2015/16    SECTION ONE: PROJECT SUMMARY  Project Title    Arastradero Road Schoolscape – Multi‐use Trail      Project Description  (Specific goals and objectives that  result from VERBS funding. Include  how many schools, which grades  and how many schools are  expected to benefit from this  program.)      The Arastradero Road Schoolscape – Multi‐use Trail  project proposes a reconstruction of the sidewalk along  the south side of Arastradero Road between the Hetch  Hetchy‐Los Altos Pathway and Miranda Avenue to a multi‐ use trail to support Safe Routes to School activities to  Gunn High School and, complimented by Schoolscape  treatments, to provide a comfortable environment for the  high volume of school‐aged users in the corridor.  The  project includes:      A new .26 mile multi‐use pathway along the south  side of Arastradero Road between the Hetch  Hetchy‐Los Altos pathway and Miranda Avenue  with pedestrian rails to restrict access across  Arastradero Road and complimentary  hardscape/landscape treatments     Upgrades to the Hetch Hetchy‐Los Altos Trail Path,  including low‐level lighting in conjunction with trail  maintenance and access improvements   Schoolscape measures along Arastradero Road  including  pedestrian‐scaled lighting and  landscaped median islands to encourage vehicle  speed reductions on Arastradero Road   Schoolscape intersection treatments at Gunn High  School including study and consideration of  exclusive pedestrian signal phasing, enhanced  textured crosswalk treatments, and ADA upgrades.    Grant Funds Requested ($) $1,000,000  VEHICLE EMISSIONS REDUCTIONS BASED AT SCHOOLS (VERBS) GRANT APPLICATION – PALO ALTO    Page | 2         Grant Funds Fiscal Year (FY) 2015  Program Component           Non‐infrastructure         Infrastructure  Local Match (11.47% Min) $501,605 (33%)  Total Project Cost $1,501,605  Member Agency City of Palo Alto  Contact Person Jaime O. Rodriguez  Address 250 Hamilton Avenue, Palo Alto, CA  94301  Email Address Jaime.Rodriguez@cityofpaloalto.org  Phone (650) 329‐2136  Fax (650) 329‐2154  Other Project Partners   VEHICLE EMISSIONS REDUCTIONS BASED AT SCHOOLS (VERBS) GRANT APPLICATION – PALO ALTO    Page | 3     SECTION ONE: PROJECT SUMMARY CONTINUED    1. A map and/or photos of the project, including the benefiting school location      Project Maps    The Charleston Road/Arastradero Road corridor is a residential arterial on the City’s school  commute corridor network.  The corridor serves as one of three east‐west corridors in Palo Alto  connecting South Palo Alto and Highway 101 to the east to Los Altos Hills, the Stanford  Research Park, Foothill Expressway, and I‐280 to the west.  Along the way, the entire corridor  serves eleven public and private schools, five public parks, two community centers, and three  shopping centers while traversing the Caltrain railway at Alma Street.      The Arastradero Road Schoolscape – Multi‐use Trail project shown in Figure 1 will improve the  connection between the Hetch Hetchy‐Los Altos Trail and Arastradero Road by using  Schoolscape treatments to guide bicyclists and pedestrians along the south side of the  Arastradero Road to improved bicycle and pedestrian facilities at Gunn High School.  Gunn High  School serves students from Palo Alto, Los Altos, and Los Altos Hills.  The proposed multi‐use  trail improvements extend to Miranda Avenue and support Safe Routes to School activities for  students from all three communities.  The project also upgrades the Hetch Hetchy‐Los Altos  path maintained by the City of Palo Alto to provide low‐level pedestrian lighting to open the  pathway to users during all periods of the day and Schoolscape enhancements to buffer the  pathway from the adjacent traffic on Arastradero Road.    VEHICLE EMISSIONS REDUCTIONS BASED AT SCHOOLS (VERBS) GRANT APPLICATION – PALO ALTO    Page | 4     Figure 1: Project Map    ... .. ,.. _ ......... _, - VEHICLE EMISSIONS REDUCTIONS BASED AT SCHOOLS (VERBS) GRANT APPLICATION – PALO ALTO    Page | 5     Project Proximity to adjacent Public and Private Schools  Three public schools and two private schools are in the immediate vicinity of this project:     Gunn High School – 0 FT  The project traverses immediately adjacent to and provides improvements to the  existing traffic signal at Arastradero Road & Gunn High School servicing students from  Palo Alto, Los Altos, and Los Altos Hills.     Young Life Preschool – 200 FT  Young Life Preschool is immediately adjacent to the east end of the Arastradero Road  Schoolscape – Multi‐use Trail project.  The proposed project improves safety of young  students accessing the adjacent trail by providing Schoolscape measures along  Arastradero Road to buffer the proposed multi‐use trail from adjacent Arastradero Road  traffic.     Terman Middle School – 250 FT  Terman Middle School is located on Arastradero Road at Terman Drive which runs  parallel to the Hetch Hetchy‐Los Altos Trail and provides access to both Terman Middle  School and the adjacent Terman Park.     Bowman International School – 250 FT  Bowman International School is a private institution located immediately adjacent to  Terman Middle School and benefits from the same trail access points for the Hetch  Hetchy‐Los Altos Trail.     Juana Briones Elementary School – ¼ Mile  Juana Briones Elementary School is located one‐quarter mile northeast of the proposed  project.  Recommended Safe Routes to School commute routes to Juana Briones School  include use of Georgia Avenue and Donald Drive located adjacent to the Hetch Hetchy‐ Los Altos Trail.  The proposed project better channelizes student traffic accessing those  facilities from the trail, improving bicycle and pedestrian access to the school.     Figure 2: Project Location Adjacent to Public Schools highlights the proximity of the public  schools above and their attendance boundaries to the proposed Arastradero Road Schoolscape  – Multi‐use Trail project.  The proposed project supports recently completed Safe Routes to  School Walk ‘n Roll map recommendations for each of the three public schools:  Gun High  School, Terman Middle School, and Juana Briones Elementary School.      VEHICLE EMISSIONS REDUCTIONS BASED AT SCHOOLS (VERBS) GRANT APPLICATION – PALO ALTO    Page | 6     SECTION ONE: PROJECT SUMMARY CONTINUED    Figure 2: Project Location Adjacent to Public Schools    Project Location VEHICLE EM     Project P MISSIONS REDUC Photos  CTIONS BASED AT SECTION T SCHOOLS (VER N ONE: PROJ RBS) GRANT APP ECT SUMMA PLICATION – PAL ARY CONTIN   Photo 1 Cyclist e Hetch H Uncontr                     Photo 2 View of from Ar                               Photo 3 Hetch H At Arast LO ALTO  NUED  1:  entering Arast Hetchy‐Los Alto rolled Traffic  2:  f Hetch Hetchy rastradero Roa 3:  Hetch‐Los Altos tradero Road  Pa radero Road f os Bike Path in y‐Los Altos Tra ad  s Trail Intersec age | 7   rom  nto  il  ction  VEHICLE EM     MISSIONS REDUCCTIONS BASED ATT SCHOOLS (VERRBS) GRANT APPPLICATION – PAL Photo 4 View of Traffic a                                       Photo 5 South V LO ALTO  4:  f Uncontrolled at Hetch Hetch 5:  View of Trail at Pa  Arastradero R hy‐Los Altos Tr t Los Altos Bor age | 8   Road   rail  rder  VEHICLE EM     MISSIONS REDUCCTIONS BASED ATT SCHOOLS (VERRBS) GRANT APPPLICATION – PAL   Photo 6 Propose Drivewa                           Photo 7 Project                                Photo 8 Project  Drivewa Facilitie Path wi   LO ALTO  6:  ed Multi‐use P ay  7:  Multi‐use Pat 8:  Multi‐use Pat ay Showing Na es to be Improv th Park Strip B Pa Path at Gunn H h along Alta M h at Alta Mesa arrow sidewal ved to a Multi Buffer  age | 9   High  Mesa  a  k  ‐use  VEHICLE EMISSIONS REDUCTIONS BASED AT SCHOOLS (VERBS) GRANT APPLICATION – PALO ALTO    Page | 10     SECTION ONE: PROJECT SUMMARY CONTINUED    2. Proposed project cost estimate and schedule       City of Palo Alto  Contact Name: Jaime Rodriguez  Contact Phone #: (650) 329‐2136  Contact email: jaime.rodriguez@cityofpaloalto.org  Project Title:  Arastradero Road Schoolscape – Multi‐use Trail                   FUND TABLE        PROJECT COST  ($1,000s)   PROJECT SCHEDULE  (mm/yy)  PROJECT  PHASE  FUNDS  REQUESTED  LOCAL   MATCH $  LOCAL  MATCH %  OTHER FUNDS  TYPE/$  START  DATE END DATE  ENV $0 $35 100%7/13 12/13  $                       ‐  PSE $0 $161 100%10/13 6/14  $                       ‐  ROW $0 $0 N/A N/A N/A  $                       ‐  CON $1,000 $306 18.9%9/14 3/15  $    ‐   TOTAL  $1,000  $502 33%         VEHICLE EMISSIONS REDUCTIONS BASED AT SCHOOLS (VERBS) GRANT APPLICATION – PALO ALTO    Page | 11     BUDGET           Item #Description Units Quantity Unit Cost Cost 1 Demolish and remove existing pathway LS 1 40,000.00$ 40,000.00$ 2 1/2" AC pathway @ 2" depth tons 207 165.00$ 34,100.00$ 3 Class II AB @ 6" depth cy 648 75.00$ 48,600.00$ 4 Pressure Treated 2x12 header boards lf 3,200 4.00$ 12,800.00$ 5 Decomposed Granite SF 6,400 13.00$ 83,200.00$ 6 Pedestrian Barrier Rail LF 1,375 75.00$ 103,125.00$ 7 Demo existing curb on sidewalk LF 1,375 7.00$ 9,625.00$ 8 Remove exisitng soil and landscaping SF 4,125 5.00$ 20,625.00$ 9 Install new concrete sidewalk SF 4,125 10.00$ 41,250.00$ 10 Center median concrete curb LF 2,750 55.00$ 151,250.00$ 11 Center Median Landscaping SF 5,500 6.00$ 33,000.00$ 12 Center Median Irrigation SF 5,500 4.00$ 22,000.00$ 13 Illuminated Bollard EA 60 1,300.00$ 78,000.00$ 14 Install New Street Light EA 6 7,500.00$ 45,000.00$ 15 Remove Exisitng Street Light EA 6 6,000.00$ 36,000.00$ 16 Electrical Conduit and wiring LF 2,000 45.00$ 90,000.00$ 17 Textured Crosswalks SF 1,300 30.00$ 39,000.00$ 18 ADA Curb Ramp EA 7 5,000.00$ 35,000.00$ 19 Traffic Control LS 1 50,000.00$ 50,000.00$ 20 Striping & Signage LS 1 50,000.00$ 50,000.00$ 21 Schoolscape Intersection Treatments LS 1 50,000.00$ 50,000.00$ SUBTOTAL 1,072,575.00$ Design (15%)160,886.25$ Construction Manager (5%)53,628.75$ Permits (1%)10,725.75$ Testing (3%)32,177.25$ Art (1%)10,725.75$ Contingency (15%)160,886.25$ TOTAL 1,501,605.00$ Arastradero Road Schoolscape - Multi-use trail VEHICLE EM     (Use Sec eithe SCREENI 1. Issue proje   Purpose    The purp    E in ro Sc    Im in fr tr    E a fr    R Sc m    M   Students trave b MISSIONS REDUC ction Two to er the Non‐in NG CRITERIA  statement t ect.  of Improvem pose of the A nhance scho nfrastructure outes to Gun chool.  mprove the q ntersection t rom adjacen reatments.  nhance acce long Arastra rom activitie educe the a choolscape‐ median island Measure the  ling to Gunn High a bicycle on Arastrad CTIONS BASED AT SEC o respond to  nfrastructure A  that clearly i ments  Arastradero  ool commute e improveme nn High Scho quality of bic treatments a t streets thr ess to faciliti adero Road a es that exten mount of ve focused roa d improvem associated r and Terman Middl dero Road in this a T SCHOOLS (VER CTION TWO the Screeni e or Infrastru identifies th Road Schoo e safety for  ents along C ool, Terman  cycle and pe at the Gunn  rough innova es through p and the Hetc nd beyond su ery high spee dway measu ents.  reductions in le School regularly rea. RBS) GRANT APP : PROJECT N   ng Criteria a ucture Impro     e purpose, n lscape – Mu K‐12 studen City‐designat Middle Scho edestrian fac Driveway an ative hardsc pedestrian‐s ch Hetchy‐Lo unset at the  ed vehicles a ures includin n vehicle mi The ultim Schoolsc the num alternati (walking reduce s emission   PLICATION – PAL NARRATIVE and to the Sc ovements as need and ex ulti‐use Trail t cyclists and ted Safe Rou ool, and Jua cilities by ins nd buffering cape, landsca scaled street os Altos Trai adjacent pu along Arastr ng the instal les traveled, mate goals o cape – Multi mber of stude ive modes o g, biking, ska school relate ns.  LO ALTO  coring Criter s found in A pected outc project is to d pedestrian utes to Schoo na Briones E stalling “Sch g facilities mo ape, and cha tlight improv l to support  ublic schools adero Road  lation of new , emissions,  of the Arastr i‐Use Trail ar ents and par of transporta ting, carpoo ed vehicle m   Pag ria categorie ttachment A come(s) of th o:  ns through  ol Walk ‘n R Elementary  oolscape”  ore effective annelizing  vements bot  student use s.  through  w landscape and congest radero Road  re to increas rents using  ation to scho oling, bus) an miles traveled ge | 12   es for  A)  he  oll  ely  th  e  ed  tion.  se  ool  nd  d and  VEHICLE EMISSIONS REDUCTIONS BASED AT SCHOOLS (VERBS) GRANT APPLICATION – PALO ALTO    Page | 13     Project Need    Safety concerns on Arastradero Road include high vehicular speeds and volumes and the  presence of a relatively high number of vulnerable users.  The Arastradero Road corridor  realizes over 1,000 student‐age users daily because of the unusual cluster of public and private  schools along the roadway.  The City has taken proactive measures to implement traditional  traffic calming measures along Arastradero Road that were approved for permanent retention  and installation of permanent measures.  The Arastradero Road Schoolscape – Multi‐use Trail  implements innovative Schoolscape measures that build upon the past traffic calming measures  and community momentum for the creation of a student‐first multi‐modal corridor.  The Multi‐ use Trail project is the western anchor of the larger Arastradero Road ‘Schoolscape Project’ that  will extend to El Camino Real.    The Arastradero Road ‘Schoolscape Project’, of which this Multi‐use Trail proposal is the  westernmost component, seeks to make permanent recent roadway configuration changes by  installing landscaped center medians, pedestrian‐scaled lighting, enhanced crosswalks, and bus  stop improvements. The corridor project goes beyond typical traffic calming, however, to  create a school‐focused mobility corridor complete with reconfiguration of the problematic El  Camino Real intersection, enhanced bicycle lane treatments, student bicyclist comfort stations  at bulb‐outs (with repair stands, water fountains, and other amenities), and first‐of‐their‐kind  Walk ‘n Roll pavement and sidewalk markers to promote coordination with the Safe Routes to  School ‘Walk and Roll’ program.  The intersection and trail upgrades included in this proposal,  along with the extension of the Hetch Hetchy‐Los Altos pathway, are essential parts of the  overall Schoolscape initiative at the western end of the corridor.       High Traffic Speeds and Volumes    The 2004 Charleston/Arastradero Road Corridor Plan1 documented high‐speed, high volume  conditions for Arastradero Road. The existing conditions report identified 85th‐percentile  vehicle speeds of 36.9 mph on Arastradero at Pomona Avenue, the second‐highest speed along  the Charleston‐Arastradero corridor. The report also observed average daily motor vehicle  volume on Arastradero of approximately 20,500 (both directions). Peak hour volumes ranged  from 900 to 1,200 vehicles per hour.     The 2008 Charleston‐Arastradero Corridor Trial Improvements Evaluation documented average  vehicle volumes on Arastradero Road at 18,300 vehicles daily, or 18 percent higher traffic  volumes than on Charleston Road.    The Charleston/Arastradero Corridor Traffic Accident Analysis (2011) found that crashes on the  Charleston/Arastradero corridor constitute four to seven percent of the yearly crashes in Palo                                                          1 http://www.cityofpaloalto.org/gov/topics/projects/transit/charleston.asp VEHICLE EM     Alto, and slightly h     High Volu   Arastrad found th cyclists.2  due to th have high group, as may beh   Figure 3:   In 2012, t ridership Combine High Sch school.  T Parent Su and from                    2 http://www MISSIONS REDUC d that the nu higher than i umes of Vulne ero Road ha at 19 percen  In addition he presence  h rates of wa s they may b ave more er  Parked Bicy the City and p throughout ed with scho ool (750 stu This adds to  urvey condu m school, wh                       w.paloaltoonlin CTIONS BASED AT umber of cra n general in  erable Users  as a high pro nt of mornin , Arastrader of Gunn Hig alking and b be harder for rratically, no ycles at Gun d PTA counte t the school  ol enrollmen dents) and 3 over 1,000 s ucted for MT ile 11 perce                    e.com/news/sho T SCHOOLS (VER shes involvi Palo Alto.  portion of b ng peak traff ro Road has a gh, Terman M icycling.  Stu r drivers to s ot waiting for nn High and  ed bicycles p district.  The nt, the coun 37 percent a students bik TC found tha nt at Terman ow_story.php?id= RBS) GRANT APP ng bicyclists bicyclists; the ic in the wes a very high p Middle, and  udent pedes see (due to s r an appropr Terman Mid parked at sch e historical r t estimates t at Terman M king to these t 6 percent  n Middle Sch =26994 PLICATION – PAL s and pedest e Palo Alto T stbound dire proportion o Briones Elem strians are a  shorter statu riate crossin ddle School hools as part results are g that 41 perc Middle Schoo e schools.  A  of Gunn Hig hool walk.  LO ALTO  trians on the Transportatio ection was c of students u mentary. All particularly  ure than adu ng location o t of an annu raphed in Fi cent of stude ol (253 stude 2012 Safe R gh School stu Pag e corridor is  on Division  comprised of using the roa  of these sch vulnerable  ults) and the or gap.     al tally of bic gure 3.  ents at Gunn ents) bicycle  Routes to Sch udents walk  ge | 14   f  ad,  hools  ey  cycle  n  to  hool  to  VEHICLE EM     Despite t Charlesto Arastrad why pare along thi vehicular     Phased Re   Efforts to Road cor road use children, Charlesto plan of p improvem Corridor. took plac   Only the  Charlesto traffic ca and main concurre proposal project b Avenue;  a portion the west   In summ plan for t Road bet School fo was exte the bell s impactin serviced  hardscap pedestria Arastard project w MISSIONS REDUC these high n on Roads, w ero and Cha ents would n s critical seg r traffic, and e‐striping Tri o re‐design t rridor in sout rs, particula  began in 20 on Road.  In  hased imple ments for th .  Trial restri ce in 2006 an El Camino R on Road inte lming impro ntenance by  ent One Bay   for the Aras between El C the propose n of the prop end of the p er 2009, the the Phase 2  tween El Cam or a one‐yea nded to two schedules at g the comm by Arastrad pe treatment an crossing a ero Road &  was approve CTIONS BASED AT umbers of st alkabouts fo rleston Road not allow the gment of Ara  improve sa ials to Implem the Charlesto th Palo Alto  rly school‐co 000 with an i 2004, the C ementation o he Charlesto ping traffic c nd 2010 resp Real & Arastr ersection has ovements du Caltrans.  T Area Grant ( stradero Roa Camino Real  ed project im posed OBAG project area e City Counci trial project mino Real an r trial period o years due t t Gunn High  ute patterns ero Road.  T ts via media activities via Ynigo Way t d by perman T SCHOOLS (VER tudents wal or the Palo A ds as key im eir students  astradero Ro fety.  ment Road Di on/Arastrad for all types ommuting  initial study  ity approved of  n/Arastrade calming proj pectively.  radero Road s not realize ue to operati he City has a (OBAG)  ad Schoolsca and Mirand mplements o  project alon .  il approved t  on Arastrad nd Gunn Hig d in 2010 an to changes i School in 20 s to all schoo The trial proj n islands at   an enhance to support a  nent retentio RBS) GRANT APP king and bic Alto Safe Rou pediments t to walk or b oad will calm iet  ero  s of  of  d a  ero  ects  d‐ ed  ion  a  ape  a  only  ng  the  dero  h  d  n  011  ols  ect included Arastradero ed pedestria dynamic ve on in 2012 a Before condit lane to impro Wrong mentio PLICATION – PAL cycling along utes to Scho to walking a bicycle.  The  m traffic, min d a 4‐lane to o Road & Cle n‐activated  hicle speed  and impleme e (top image) a tions along Arastr o 3-lane ‘road diet ovements by City ng-way riding by s oned in the Safety s LO ALTO  g and across  ol Program  nd bicycling proposed im nimize confli o 3‐lane redu emo Drive to rapid flashin feedback sig entation of p and after (bottom radero Road as par ’ approved for reten Council in 2012 a student cyclists co section.. Pag Arastradero have identif g and reason mprovement cts with  uction with  o support  ng beacon a gn.  The tria permanent  m image) roadw rt of a completed ntion and permane after a 2-year tri ontinues to occur, ge | 15   o and  fied  s  ts  nd at  l  ay 4- ent al. as VEHICLE EM     measure project.      Expected   The City  of this pr    Im a A  R la  A th H A  R     2. Propo   Redu of pa speed insta     3. Lette inform   Lette   The C Palo A Assoc incom Progr resid infras   MISSIONS REDUC s that are an d Outcome  of Palo Alto  roject:  mproved bic re safely and Arastradero R educed veh andscaped m An increase in hrough Scho Hetch Hetch‐ Avenue  educed VMT osed method ctions in crit rked bicycle ds through t lled as part o rs of Suppor m the evalua ers of Suppor City of Palo A Alto Unified ciations at in me housing d ram, has end ents they se structure pro CTIONS BASED AT n element of expects the ycle and ped d more effec Road  icle speeds t median island n bicycle and oolscape ame ‐Los Altos Tr T and impro d to evaluate teria polluta es at each sc the use of ex of the succe rt for the pro ation proces rt  Alto has form  School Dist ndividual sch developer w dorsed this a erve. The att ogram.  See  T SCHOOLS (VER f the propos e following o destrian faci ctively integ through new d treatment d pedestrian enities betw ail and Mira ved air qual e the reduct ants and con hool to mea xisting vehic ssfully comp oject from sc ss.  med a local S rict, the Palo hools. In add who also adm application a ached letter Attachment RBS) GRANT APP sed Arastrad utcomes  ilities that  rated with  w  s  n use  ween the  nda  ity  tion in criteri gestion will  sure mode s le speed fee pleted trial r chool official Safe Routes  o Alto Counc dition, the Pa ministers the as the Arastr rs indicate su t A – Letters  PLICATION – PAL dero Road Sc ia pollutants be measure shift change edback signs  restriping pro ls and any an to School lo cil of PTAs, a alo Alto Hou e city’s Below radero corrid ubstantial su of Support. Large numbers o Middle School LO ALTO  choolscape – s and conges ed by counti es and measu  adjacent to oject.  ncillary infor ocal partners and the Pare using Corpor w Market Ra dor serves m upport for th of students cross A Pag – Multi‐use T stion.  ng the numb uring of veh o the project rmation tha ship with the ent Teacher  ration, a low te Purchase many of the  he proposed Arastradero Road t ge | 16   Trail  bers  icle   area  t will  e  ‐ e  d  to access Terman VEHICLE EMISSIONS REDUCTIONS BASED AT SCHOOLS (VERBS) GRANT APPLICATION – PALO ALTO    Page | 17     Community Support and Engagement    The Charleston‐Arastradero corridor has been the focus of many planning efforts in the last  decade. As such, the bicycle and pedestrian improvements of this proposed project  represent years of public involovement and municipal support. Key documents include the  following:   Charleston/Arastradero Corridor Plan (2004)  Charleston-Arastradero Corridor Trial Improvements Evaluation (2008)  Charleston/Arastradero Corridor Traffic Accident Analysis (2010)  Palo Alto Bicycle + Pedestrian Transportation Plan (2012)  2012 City Council Vote  Palo Alto Capital Improvement Projects (2012-2016)   Arastradero Road is also a designated School Commute Corridor, as defined by the City/  School Transportation Safety Committee (CSTSC), a partnership between community  leaders at each of the public schools in the City, Palo Alto Unified School District (PAUSD)  administrators, and City staff.  Charleston/Arastradero Corridor Plan (2004)  The Charleston/Arastradero Corridor Plan sought to address school commute and other  travel safety concerns for pedestrians, bicyclists and drivers. The Plan included two  community meetings in July 2003.    In response to the Plan, the City implemented at “Travel Smart, Travel Safe” Residential  Arterial program, which included advanced traffic detection, traffic‐adaptive system,  communication system upgrade, adjusted signal timing, V‐calm electronic speed signs, and  enhanced crosswalks.     A trial restriping project on Arastradero Road was identified through stakeholder groups  from adjacent neighborhood associations, school staff and Parent‐Teacher Associations and  implemented in 2012.    Charleston‐Arastradero Corridor Trial Improvements Evaluation (2008)  The Evaluation involved a stakeholders group and a meeting in November 2006. The  Evaluation considered options for the trial restriping on Arastradero Road, particularly  considering the congestion issues around the Gunn High driveway and a midblock crosswalk  near Briones Park. Based on the analysis, the Evaluation recommended providing two  inbound lanes into the Gunn High parking lot, noting that, “without Gunn High School  working correctly, it is unlikely that the public will accept the reduced mobility and poorer  operations of Arastradero as a three‐lane arterial route.” The Evaluation also recommended  VEHICLE EM     insta island Charle This r betw enco poten Post‐C After asses from  vote  Palo A The 2 Bikew medi conn outre gene Advis Plann 2012  In Oc voted restri The s diet”  locat flashi medi Colou Arast Hubb   Thirty prima recon chang bicyc MISSIONS REDUC llation of a m d.  eston/Arastra report provi ween 1995 an urage the Pa ntial improv Construction  r a two year  ssed the tria 30 resident to retain the Alto Bicycle +  2012 BPTP re way. Recomm an islands, i ections, and each, includi ral public. Th sory Commit ning & Trans City Council V ctober 2012, d 8‐0 in favo iping on Ara street modif from four to ions, two‐wa ing‐beacon c an at Clemo umbe Drive f tradero, and bart Street.  y residents p arily in supp nfiguration. T ge in traffic  lists.   CTIONS BASED AT marked cross adero Corrido des an analy nd 2009. The alo Alto Tran ements.  Community W trial and eva l striping im s, most in fa e configurat Pedestrian T ecommends mendations  mproved pe d select spot  ng two publ he BPTP was ttee (PABAC sportation Co Vote   the Palo Alt or of making  stradero Ro ications incl o three lane ay left‐turn  crosswalk w o Drive, a left for eastboun  a median is provided tes ort of keepi The Transpo volumes due T SCHOOLS (VER swalk at Cle or Traffic Acci ysis of traffic e report doe nsportation  Workshops  aluation per provements avor of the re ion in Octob Transportation  this project include enh edestrian/bic improveme lic open hou s also develo ), the City/S ommission. to City Coun the trial  ad permane uded a “roa s in some  lanes, a  ith a raised  t‐turn signal nd traffic on sland at  stimony,  ng the  ortation Divi e to the rest RBS) GRANT APP mo, which w ident Analysis c accident da es not provid Division to c iod, the com s for retentio estriping, su ber 2012.   n Plan (2012) t as BK‐1: Ch hanced bike  cycle crossin ents. The BPT ses and an o oped in coor chool Traffic cil  ent.  d   at  n  sion reporte triping, altho The 2012 along Ar PLICATION – PAL was impleme s (2011)  ata from the de an author consider cras mmunity and on. Commun upported the )  harleston/Ar lane striping ngs at key no TP involved  online surve rdination wit c Safety Com ed that they  ough they ha 2 City Council vote rastradero Road. LO ALTO  ented along  e California H r, but it was  sh data whe d city counci nity support  e city counci astradero Ro g, installation orth‐south b considerabl ey to solicit in th the Palo A mmittee (CST have found  ave recorded e supported formal Pag with a medi Highway Pat written to  en analyzing  l officially  and testimo l’s unanimo oad Enhance n of perman ikeway  e public  nput from th Alto Bicycle  TSC), and the no significa d an increas izing the trial restr ge | 18   ian  trol  ony  us  ed  nent  he  e  nt  e in  riping VEHICLE EMISSIONS REDUCTIONS BASED AT SCHOOLS (VERBS) GRANT APPLICATION – PALO ALTO    Page | 19     Palo Alto Capital Improvement Projects  Palo Alto supported the recommendation in the BPTP and from previous public engagement  efforts by including project PE‐13011: Charleston/Arastradero Corridor Project in the City’s  Capital Improvement Projects list for 2012‐2016. The program implements a permanent  reconfiguration to formalize the Charleston/Arastradero Corridor Plan recommendations.      Safe Routes to School Program    The City of Palo Alto was designated as a Gold level Bicycle Friendly City in 2003, based not only  on its well‐known bicycle facilities but on the commitment to bicycle safety education.  The city  is currently expanding its Safe Routes to School program (with the help of VERBS funding) by  updating curricula for students and parents, conducting walk and bike audits at all schools,  developing school commute maps for all schools, updating adult crossing guard and school  speed limit policies, developing a school loading zone policy, improving bicycle and pedestrian  data collection methods, and enhancing encouragement and outreach tools.    The Palo Alto Police Department is a strong partner in this SRTS partnership.  The traffic  sergeant prioritizes enforcement around schools not just during Operation Safe Passage, but all  during the school year.  The Chief of Police sends home a letter to K‐8 parents at the start of  every school year. (See the 2012 letter in Attachment A).           VEHICLE EMISSIONS REDUCTIONS BASED AT SCHOOLS (VERBS) GRANT APPLICATION – PALO ALTO    Page | 20     SCORING CRITERIA     Infrastructure Improvements    1. Gap Closure    The proposed .26‐mile long multi‐use trail along Arastradero Road improves an existing  substandard sidewalk facility and channelizes uncontrolled access across Arastradero Road  between the Hetch Hetchy‐Los Altos Trail to Miranda Avenue servicing high volume  pedestrian and bicycle demand from the Palo Alto, Los Altos, and Los Altos Hills  communities.  Student using the Hetch Hetchy‐Los Altos Trail currently either ride in the  wrong direction on Arastradero Road against high‐speed, high‐volume traffic or cross  uncontrolled in traffic gaps; either condition is unsafe for student commuters.     The Charleston Road‐Arastradero Road corridor is one of only three east‐west corridors in  Palo Alto. The traffic calming aspects of this project will enhance a connection from the  Arastradero Road Trail (west of Foothill Expressway) to El Camino Real and will overcome  significant existing obstacles to use of the corridor.        2. Access to/from school    This project is within one‐third of a mile walking distance of two public schools and two  private schools: Gunn High (public), Terman Middle (public), Bowman International  (private), and Young Life Preschool (private).      One of the many benefits of the new multi‐use trail is that it constitutes a new link between  Gunn High School and Terman Middle School that is essentially free of car traffic.  Students  using the new multi‐use trail and the Hetch Hetchy‐Los Altos path will be able to travel  between Gunn High and Terman Middle School or Terman Park without interacting with  vehicles on the road except at the signalized crosswalk at Gunn High.      In addition, taken together, the Hetch Hetchy‐Los Altos Bike Path and Los Altos Avenue  form an alternative low‐traffic/low‐stress route to Gunn High School or Terman Middle  School for less experienced cyclists coming from the east side of El Camino Real.  This route  is illustrated in Figure 4: Draft Gunn High School Walk and Roll Map. (This map will be  finalized in the spring of 2013.)    Complementing the proposed Arastradero Road Schoolscape – Multi‐use Trail project, the  City of Palo Alto will dedicate a portion of its One Bay Area Grant – Guaranteed Fund  allocation, $950,000, to the improvements to Arastradero Road between Foothill  Expressway and the West City Limit near Deer Creek Road including reconstruction of the  existing multiluse path in that section.  Together with the proposed Arastradero Road  VEHICLE EM     Schoo Hills,    Figur         MISSIONS REDUC olscape – M Palo Alto, a re 4: Draft G CTIONS BASED AT ulti‐use Tria nd Los Altos unn High Sc T SCHOOLS (VER l project, a s s will be crea chool Walk a   RBS) GRANT APP seamless and ated.  and Roll Ma PLICATION – PAL d vehicle fre p  LO ALTO  ee path betw Pag ween Los Alt ge | 21   tos  VEHICLE EMISSIONS REDUCTIONS BASED AT SCHOOLS (VERBS) GRANT APPLICATION – PALO ALTO    Page | 22     3. Safety    Wrong‐Way Riding    Wrong‐way riding on Arastradero Road by Gunn and Terman students has been the cause  of bicycle‐vehicle crashes in this corridor.  Since the Phase 2 Trial, collisions on Arastradero  have decreased, but when collisions have occurred, they have been shown to involve  bicyclists riding in the wrong direction of travel with vehicle traffic.  This project will allow  students to walk or ride on a side path in either direction between Gunn and the Hetch  Hetchy‐Los Altos Path.    Uncontrolled Crossing    As noted elsewhere, students reaching the end of the Hetch Hetchy‐Los Altos Bike Path at  Arastradero must wait for gaps in traffic on this high‐volume, high‐speed stretch to cross to  the high school (north) side of the street.  This is an unsafe condition for commuting  students.  This project will direct trail users to the signalized crossing at Gunn High School.    Poor Cyclist and Pedestrian Visibility    The project will include warning signage for drivers, pavement markings, vegetation  removal, and lighting to improve the visibility of cyclists at the Hetch Hetchy‐Los Altos  bicycle path intersection with Arastradero Road.  Cyclists entering the bike lane on  Arastradero Road would have improved visibility over the current condition of overgrown  trees that obscure signage and create shadows that drivers at speed cannot differentiate  from cyclists.    In addition, the Hetch Hetchy‐Los Altos path traverses a wooded area, and roots have  degraded the pavement condition.  This project will bring the portion of the path that is  within city limits up to standards for a multi‐use pedestrian and bicycle facility and will  install low‐level lighting for enhanced visibility and safety.      4. Air Quality Improvements    The congestion issues observed around Gunn High and at the intersections of Foothill  Expressway and El Camino Real result in higher greenhouse gas emissions (GHGs) due to the  numbers of idling automobiles. Promoting alternatives to driving can reduce congestion and  improve air quality. In addition, planned operational enhancements at the Gunn Driveway  intersection and at other intersections along the corridor will reduce idling time and  minimize the number of drivers slowing down suddenly, which also causes pollution.    VEHICLE EMISSIONS REDUCTIONS BASED AT SCHOOLS (VERBS) GRANT APPLICATION – PALO ALTO    Page | 23     Arastradero Road is one of the most heavily‐used bicycle corridors in Palo Alto.  A recent  analysis of school‐related travel activity estimates over 1,000 daily bicycle and pedestrian  trips are supported by Arastradero Road.  Bicycle and pedestrian improvements encourage  alternatives to driving solo and promote transit use, reducing VMT. As previously discussed,  several schools are located along this corridor. Despite the high walking and bicycling  numbers, congestion in the morning drop‐off and evening pick‐up periods decreases safety  for all users and leads to greenhouse gas emissions, which decrease air quality.  The  proposed bicycle and pedestrian improvements encourage alternatives to driving solo,  reducing vehicle miles traveled and thereby improving air quality.    The proposed improvements will reach 2,900 public school students at the three campuses  adjacent to this project.  Based on the 2012 District‐wide Parent Survey and tallies of parked  bicycles, it is safe to assume approximately 65 percent of students attending neighborhood  schools are driven to school in a single‐family car: 1,885 students. This represents the target  group that may switch to alternative modes as a result of the proposed improvements. The  City estimates that 5 percent of the target group will shift to biking and walking.  This will  result in walking and biking trips replacing 236 motor vehicle miles on a typical school day.  This is in addition to the over 2,500 miles already walked, biked or skated by the over 1,000  students who currently walk, bike or skate to school on a normal day.  The total annual VMT  replaced as a result of the project will be approximately 42,400 miles.      5. Community of Concern    Approximately 560 students from the Ravenswood School District in East Palo Alto and  Menlo Park attend PAUSD schools as part of the Voluntary Transfer Program.  Each of the  six public schools along the Charleston‐Arastradero Road corridor serves Communities of  Concern identified by the Metropolitan Transportation Commission both within Palo Alto  and in adjacent cities such as the City of East Palo Alto.  The proposed capital improvements  along Arastradero Road will directly benefit low‐income families within those  neighborhoods as a majority of those students are driven to school or ride a school bus.  In  addition, over 13% of Juana Briones Elementary students are socioeconomically  disadvantaged.  The proposed project will create a safe environment while traveling down  the corridor to the three public schools and two private schools in the project area.      6. Local Plan(s)    The Hetch Hetchy‐Los Altos Path is a key Proposed Multi‐Use Trail in the City of Palo Alto’s  2012 Bicycle and Pedestrian Transportation Plan (BPTP) and is included in the Plan’s  Proposed Bikeway Network.  In addition, the Arastradero Road and Hetch Hetchy‐Los Altos  Bike Path improvements are listed in the BPTP as BK‐1: Charleston/Arastradero Road  Enhanced Bikeway.  The upgrades to the Los Altos Path are referenced in the BPTP as TR‐4:  Bol Park/Gunn HS/Los Altos Path Lighting and Upgrades.    VEHICLE EMISSIONS REDUCTIONS BASED AT SCHOOLS (VERBS) GRANT APPLICATION – PALO ALTO    Page | 24       As mentioned earlier, this project has been included in the City’s Capital Improvement  Projects list for 2012‐16 as PE‐13011: Charleston/Arastradero Corridor Project.  The  program implements a permanent reconfiguration to formalize the Charleston/Arastradero  Corridor Plan recommendations.       7. Local Match    The City estimates the Arastradero Road Schoolscape ‐ Multi‐use Trail to cost approximately  $1.5M and is proposing a 33% local match of $502,000.      8. Project Readiness    Environmental  The environmental review of this project is included in the Mitigated Negative Declaration  for the City of Palo Alto Bicycle + Pedestrian Transportation Plan 2012.    Design  The City will issue a Request for Proposals (RFP) for the design phase of both the Charleston  Road‐Arastradero Road Schoolscape segments in spring 2013.  Since the potentially  controversial elements of the roadway redesign have been implemented and approved with  the Arastradero Trial Restriping Phase 2 project, the design process for the Arastradero  Schoolscape Project is anticipated to be relatively straightforward.  At the same time,  numerous opportunities will be realized for public participation and engagement,  particularly with school families and students.    Right‐of‐Way  The City of Palo Alto owns the necessary right‐of‐way for this project.       VEHICLE EMISSIONS REDUCTIONS BASED AT SCHOOLS (VERBS) GRANT APPLICATION – PALO ALTO    Page | 25       Attachment A      Letters of Support    Palo Alto Housing Corporation  Palo Alto Unified School District  Palo Alto Council of PTAs  Gunn High School PTSA  Terman Middle School PTA  Briones Elementary PTA  Police Chief’s Letter to Parents    Attachment A Attachment A Attachment A Attachment A Attachment A Attachment A Juana Briones Elementary School PTA 4100 Orme St, Palo Alto, California 94306 February 28, 2013 Valley Transportation Authority Attn: Celeste Fiore 3331 North First Street San Jose, CA 95134 Dear Ms. Fiore, Juana Briones Elementary School PTA supports the City of Palo Alto VERBs grant application for streetscape improvements to Arastradero Road. Charleston/Arastradero is a heavily traveled crosstown residential arterial providing connections into Palo Alto for work commuters from 280 and Hwy101, carrying nearly 20,000 car trips each day. It is also serves eleven public and private k-12 schools, including Juana Briones Elementary School, as well as: our nearby residential neighborhoods, parks and playing fields, two community centers, a public library, and a number of other after-school destinations for children. Children who live south of Arastradero must travel along or across this street to get to our school site. During the morning peak hour Arastradero is severely congested due to convergence of commuter traffic with the bell times of so many schools. Enrollment at most of the public schools on the corridor is increasing so creating transportation mode shift among school commuters is increasingly important for traffic congestion management as well as health and safety. After-school, when auto volumes are lighter, auto speeds and uncontrolled turning movements have been two key safety problems. The City, in partnership with the community, developed and implemented a trial lane reduction project along Arastradero Rd in 2010 that was unanimously approved by the City Council in 2012 with pursuit of final treatments including hardscape treatments, landscape median islands, pedestrian-scaled streetlights, and enhanced bikeway improvements. The VERBs grant partnership in the implementation of these final improvements will help to complete the community vision for Arastradero Road. Juana Briones Elementary School PTA works in partnership with the city and school district to provide bicycle and pedestrian safety education in grades k-5 and events that encourage students to use alternative modes of transportation for school commutes. Safety of commute routes to our school site is a very important priority for us so we have worked closely with the city through the course of the trial. We look forward to implementation of the final corridor improvements envisioned as part of the Arastradero Road Corridor Improvements project. Particularly, we look forward to the addition of usable pedestrian refuges in the middle of long crossings and bulb-outs that will shorten crossing distances and enable young foot-powered commuters to see and be seen by on-coming traffic. Attachment A We are very appreciative ofthe city's efforts to improve safety on this critical school commute corridor. We hope you will approve their application for funding it. Sincerely, Jaimi Kerr Juana Briones Elementary PTA, 2012-2013 President Attachment A Attachment A City of Palo Alto (ID # 3944) City Council Staff Report Report Type: Consent Calendar Meeting Date: 8/5/2013 City of Palo Alto Page 1 Summary Title: Contract Amendment Title: Approval of a Contract Amendment with Baker & Taylor in the Amount of $390,000 to Purchase Library Materials for the City Library System From: City Manager Lead Department: Library Recommendation Staff recommends that Council authorize the City Manager to increase four contracts with Baker & Taylor for a total not to exceed $390,000 and to extend these contracts to June 2014:  Contract #C11137900A with Baker & Taylor in an amount not to exceed $250,000 for the library print collection  #C11137900B with Baker & Taylor in an amount not to exceed $60,000 for the library media collection  #C11137900C with Baker & Taylor in an amount not to exceed $40,000 for the library print collection as Standing Orders  #C11137900D with Baker & Taylor in an amount not to exceed $40,000 for cataloging and processing services. Background The Library Department has been purchasing materials and services from Baker & Taylor under contracts C11137900A, C11137900B, C11137900C, and C11137900D. These four-year contracts became effective in October, 2009 and will end in October, 2013. The work performed under the contracts is to purchase library collection materials and the services needed to prepare the collection for circulation in a timely manner. City of Palo Alto Page 2 Discussion The terms of the contracts are expiring in October 2013. Before, during and immediately following that month, staff will be fully engaged in a wide variety of activities, the goal of which is to ensure a successful opening of the new Mitchell Park Library. To effectively address this priority, staff recommends amending the contracts by extending the contracts with Baker & Taylor to June 2014 with a grand total not to exceed $390,000. Baker & Taylor has been able to meet the Library’s expectations in both quality and quantity for providing collection materials to support library services and meet customer demands. The contract amendment enables the Library to continue working with Baker & Taylor as a vendor to deliver expected services in an uninterrupted manner. An additional benefit of amending the contract will be to allow the contract period to be aligned with the regular budget cycle. That enables the Library to effectively monitor and encumber library materials budget, resulting in increased work efficiency. Policy Implications This recommendation does not represent any change to existing City policies. Resource Impact Funds for this extension have been appropriated in the FY 2014 Adopted Budget. Timeline November 1, 2013 through June 30, 2014. Environmental Review This does no constitute a project under the California Environmental Quality Act. Therefore, no environmental assessment is needed. Attachments: City of Palo Alto Page 3  C11137900A (PDF)  C11137900B (PDF)  C11137900C (PDF)  C11137900D (PDF) City of Palo Alto (ID # 3943) City Council Staff Report Report Type: Action Agenda Meeting Date: 8/5/2013 City of Palo Alto Page 1 Summary Title: Weed Abatement Property Owner Special Assessment Title: PUBLIC HEARING: Adoption of a Resolution Confirming Weed Abatement Report and Ordering Cost of Abatement to be a Special Assessment on the Respective Properties Described Therein From: City Manager Lead Department: Fire Recommendation Staff recommends Council (1) hold a public hearing to hear and consider objections from affected property owners of proposed assessments related to completed weed abatement work and (2) adopt the attached resolution confirming the report and ordering abatement costs to be a special assessment on the properties specified in the report. Background The Weed Abatement Division of Santa Clara County Agriculture and Environmental Management administers the contract for weed abatement within the City of Palo Alto, in accordance with an agreement established on April 18, 1977 between the City and County. On December 10, 2012, in accordance with Chapter 8.08 of the Palo Alto Municipal Code, the City Council declared weeds to be a nuisance and ordered that the nuisance be abated. A public hearing was held on January 14, 2013, to consider objections to the proposed destruction or removal of the weeds. No objections were noted. Once the above steps had been taken, the County Weed Abatement Division instructed its contractor to abate weeds on City and private properties within Palo Alto. That work has now been completed. Property owners were notified the third week in December 2012 that weeds were to be abated by April 30, 2013, either by the owners or by the County. If the property owners chose to have the County abate the weeds, the abatement charges would be levied against the respective properties as an assessment by the County Assessor. The County has since informed the property owners of the costs for destroying and removing the weeds. City of Palo Alto Page 2 The City Clerk has published the required notice of this hearing in the Palo Alto Weekly. The cost report by the County Weed Abatement Division has been posted on the City Hall Plaza bulletin board for ten days prior to this hearing. Discussion Property owners may object to the charges for weed abatement being levied against their properties. The charge consists of the contractor’s cost plus 150 percent administrative charges, in accordance with Palo Alto’s contract with Santa Clara County (CMR 357:00, September 18, 2000). A representative from the County Weed Abatement Division will be present at the public hearing with the records of weed abatement that have taken place. Should there be any modifications in the proposed assessments as a result of the hearing; changes in the assessment spread will be made as necessary. After any recalculations are completed, and Council adopts the attached resolution confirming the abatements and ordering those costs to be imposed as liens on the abated properties, the assessments will be submitted to the County Assessor for entry on the October tax roll upon which general City taxes are to be collected. RESOURCE IMPACT There is no direct fiscal impact of this action to the City. The assessments identified on Attachment B, totaling $8,101, will be imposed as liens on the properties listed and will not be borne by the City. POLICY IMPLICATIONS This procedure is consistent with existing City policies. ENVIRONMENTAL ASSESSMENT The Santa Clara County Counsel has determined the Weed Abatement Program to be Categorically Exempt from CEQA pursuant to CEQA Guidelines Section 15308. Attachments:  ATTACHMENT A - Weed Abatement Assessment Resolution (PDF)  ATTACHMENT B - Weed Abatement Final Property Assesment List 2013 (PDF) ** NOT YET APPROVED ** 120626 sh 8261911 1 Resolution No. ________ Resolution of the Council of the City of Palo Alto Confirming Weed Abatement Report and Ordering Cost of Abatement to be a Special Assessment on the Respective Properties Described Therein WHEREAS, the Council of the City of Palo Alto has heretofore declared weeds growing on certain properties within the City to be a public nuisance by Resolution No. 9303, dated December 10, 2012; and WHEREAS, the Council on January 14, 2013, did adopt Resolution No. 9317 thereby ordering the weed nuisance abated; and WHEREAS, subsequent to the giving of said notice, the Fire Chief, through his Administrator, the Weed Abatement Division of Santa Clara County Department of Agriculture and Environmental Management, has caused to be abated the weeds on the herein described properties; and WHEREAS, the Fire Chief, through his Administrator, the Weed Abatement Division of Santa Clara County Department of Agriculture and Environmental Management, has filed his report and assessment list for weed abatement as provided by law and a hearing has been duly set and noticed, for objections to said report and assessment list and for confirmation; and WHEREAS, the Council has duly considered the report and assessment list and any objections thereto. NOW, THEREFORE, the City Council of the City of Palo Alto does hereby RESOLVE as follows: SECTION 1. The report and assessment list is in all respects complete and correct and is hereby confirmed. The amounts of the cost for abating the nuisance are confirmed and those remaining unpaid, as shown on Exhibit “A” attached hereto and incorporated herein, shall constitute special assessments against the respective parcels of land and are a lien on the property for the amount of the respective assessment. SECTION 2. All written or oral protests or objections to said report and assessment list are overruled or denied. SECTION 3. The unpaid assessments shown on Exhibit “A” shall be entered upon the 2013-2014 tax roll against the parcels of land and shall be collected at the same time and in the same manner as general City taxes, be subject to the same interest and penalties, and be subject to the same procedure and sale in case of delinquency. All laws and ordinances applicable to the levy, collection, and enforcement of City taxes are hereby made applicable to this special assessment. ** NOT YET APPROVED ** 130718 sh 8261911 2 SECTION 4. Santa Clara County has determined the weed abatement program to be categorically exempt from CEQA pursuant to CEQA Guidelines Section 15308. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ____________________________ ___________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ___________________________ Senior Deputy City Attorney City Manager ___________________________ Director of Administrative Services ___________________________ Fire Chief City of Palo Alto (ID # 3965) City Council Staff Report Report Type: Action Items Meeting Date: 8/5/2013 City of Palo Alto Page 1 Summary Title: Living in Vehicles Ordinance Title: Public Hearing: Approval of Ordinance Adding Section 9.06.010 to the Palo Alto Municipal Code to Prohibit Human Habitation of Vehicles From: City Manager Lead Department: Planning and Community Environment Recommendation The Policy and Services Committee recommends that the City Council introduce the first reading of the attached ordinance to: 1. Amend Chapter 9.06 (Public Peace, Morals, and Safety) of the Palo Alto Municipal Code, by adding section 9.06.010, prohibiting the human habitation of vehicles (Attachment A); and 2. Approve an ordinance roll out plan that will defer full implementation of the ordinance for six months (Attachment B). Executive Summary The following report discusses a proposed amendment to the Palo Alto Municipal Code for the purpose of prohibiting the human habitation of vehicles. The Policy and Services Committee at its June 25, 2013 meeting voted to recommend that the City Council adopt an ordinance (Attachment A) prohibiting vehicle habitation but including outreach, referral, and enforcement procedures (Attachment B). Staff reported to the Committee that staff continues to receive occasional complaints from the public about persons living in vehicles. Appended to this report as Attachment C is a survey of the ordinances of surrounding cities. Attachment D is the Staff Report prepared for the June 25, 2013 meeting detailing key background information, actions, and options developed over the past two years. Attachment E is the Policy and Services Committee Meeting Minutes from June 25, 2013. Attachment F contains public comments. Background City of Palo Alto Page 2 Over the years, the City has received complaints regarding incidents of persons living in vehicles in or near residential neighborhoods or commercial districts. In July 2011 a draft ordinance was prepared to address complaints received by the City regarding people living in their vehicles and was scheduled for consideration by the City Council. However, after vehicle dwellers and advocates voiced their opinions to the City Council, the City Manager requested the item be removed from the agenda to allow for additional community outreach. The City Council suggested the matter be reviewed by the Policy and Services Committee (P&S Committee) in advance of full Council review and called for additional community outreach. Over the past two years Planning, Community Services, and Police Department staff have conducted additional community outreach and established a working group made up of various stakeholders in order to provide city staff with input. The culmination of these actions led to the proposal of a Pilot Vehicle Dwelling Program (Pilot Program) modeled after the City of Eugene Oregon’s Car Camping Program. In summary, the Pilot Program would have temporarily allowed the human habitation of vehicles within designated parking lots throughout the City, generally at faith-based community parking lots and businesses. The objective was to obtain a commitment from a minimum of three congregations in order to launch the Pilot Program. While staff received some interest from the faith-based community, it was not enough to implement the Pilot Program. Based on a lack of support for the Pilot Program, staff returned to the P&S Committee on May 14, 2013 requesting direction whether to a) discontinue efforts to develop an ordinance or program, but to coordinate social service outreach with the Downtown Streets Team, or b) to request that Council direct staff to draft an ordinance prohibiting vehicle habitation as part of a complaint-driven enforcement approach that includes education, outreach, and referral to social service agencies. After taking public comment, the P&S Committee directed staff to prepare an ordinance prohibiting human habitation of vehicles, including an implementation plan with an emphasis on outreach and referrals to social service agencies. Staff prepared a draft ordinance based on similar ordinances adopted in neighboring communities and presented it to the P&S Committee at their June 25, 2013 meeting. A chart containing a survey of the ordinances of surrounding cities is attached. (Attachment C) Approximately 20 comments were received from the public urging the City to consider an alternative to the ordinance. Two members of the public expressed their support for the ordinance and Chair Kniss indicated the P&S Committee was in receipt of various emails from residents in support of the ordinance. The P&S Committee voted to recommend that the City Council adopt an ordinance prohibiting the human habitation of vehicles. The Committee had also briefly discussed the situation at the Cubberley Community Center. The Committee directed staff to return to the Committee on August 13, 2013, to discuss issues related to people living in their vehicles and unsheltered throughout the Cubberley campus. City of Palo Alto Page 3 Surrounding Cities Palo Alto is one of the only cities in Santa Clara County without a ban on human habitation of vehicles. In Santa Clara County: • 92% of the cities regulate habitation of vehicles; • 13 cities regulate habitation of vehicles, while only one does not (Monte Sereno). • Stanford University prohibits dwelling in a vehicle. In San Mateo and San Francisco Counties: • 84% of the cities regulate habitation of vehicles; • 18 cities regulate habitation of vehicles, while only three do not (Colma, East Palo Alto, and Portola Valley) Discussion The presence of persons living in vehicles is a recurring issue for residents and business owners. Currently, Palo Alto Municipal Code provides as follows:  PAMC 10.36.030 prohibits the use of streets for storage of vehicles and states no vehicle shall be parked on any street or alley or public parking facility for more than 72 consecutive hours.  PAMC 10.40.040 regulates parking distance from curbs. Prohibits parking, stopping or leaving a vehicle more than 18 inches from the curb and requires both right-hand wheels (or either both, right-hand wheels or both left-hand wheels on a one-way street) turned other than parallel with the curb in certain circumstances. These municipal codes, while helpful, do not squarely address the conduct that concerns some residents and prompts complaints to the city. For example, vehicle dwellers are aware of the 72-hour limit and often move their vehicles within that time period. City of Palo Alto Page 4 Ordinance The proposed ordinance (Attachment A) prohibits the human habitation of vehicles. “Human habitation” is defined as “the use of a vehicle for a dwelling place,” but contains specific exclusions for mobile living units allowed by another provision of the code (this includes mobile home parks) and for guests of city residents for up to forty-eight consecutive hours when parked adjacent to the resident’s dwelling. It should be noted the intent of the ordinance is to provide the Police Department with an enforcement tool not currently available. Response will be limited primarily to a complaint basis. The Police Department will not generally have officers self-initiate contacts for violations of the ordinance. As current practice dictates, the Police Department will continue to work with local social service providers. Implementation Police and Community Services Department Staff will partner with local social service providers to make sure implementation is empathetic and thorough. Recognizing the sensitivity of this issue, a framework for a rollout plan was presented to the P&S Committee (Attachment B). Below is a summary of the proposed framework:  Extensive notification program through the media and fliers to known vehicle dwellers  Personal outreach to known vehicle dwellers with our social service partners  60 days for education, outreach, and transition  Warnings given for 30 additional days  Police response primarily to complaints with citations issued only as needed Enforcement Procedures Recognizing the sensitivity of the issue, the proposed ordinance will be accompanied by enforcement procedures based on an outreach, social service, and incremental enforcement approach. Staff is aware that for many individuals living in vehicles there may be extenuating economic, mental, or physical health issues that are difficult to overcome and that may be best addressed by one or more of the local social service providers. Timeline If adopted by Council, the ordinance will require a second reading no fewer than 11 days after the first reading. The ordinance will be effective thirty one days after the passage of the second reading of the ordinance. However, the P&S Committee included in their recommendation a phased implementation that defers full enforcement for six months. City of Palo Alto Page 5 Resource Impact If the ordinance is adopted by Council, the Police Department will utilize two officers from the Special Enforcement Detail (SED). SED works with downtown issues and rapid response to crime trends. These officers, along with Community Services staff, will take the lead on the roll out plan and implementation. All police calls for service are prioritized based on established protocols. Violations of living in vehicles municipal code section would receive a lower response priority for police officers than “in progress” or other more urgent police related duties. Moreover, there could be some increased demand in social service requests resulting from referrals to those agencies and organizations. Environmental Review Pursuant to Section 15003 of the California Environmental Quality Act (CEQA) Guidelines, this ordinance is exempt from CEQA based on the fact his ordinance is not a project within the meaning of CEQA Section 15378 because it has no potential for resulting in physical change to the environment, either directly or indirectly. Attachments:  Attachment A: Ordinance (PDF)  Attachment B: Transition Plan (PDF)  Attachment C: Survey of the Ordinances of Surrounding Cities (DOCX)  Attachment D: June 25, 2013 Staff Report to Policy and Services (PDF)  Attachment E: June 25, 2013 Policy and Services Meeting Minutes (PDF)  Attachment F: Public Comment (PDF) * NOT YET APPROVED * 1 ORDINANCE NO. _____ Ordinance of the Council of the City of Palo Alto Amending Chapter 9.06 (Public Peace, Morals, and Safety) to add Section 9.06.010 – Human Habitation of Vehicles Prohibited The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Findings and Declarations. The City Council finds and declares as follows: (a) The City Council hereby updates Title 9 of the Palo Alto Municipal Code to provide for prohibition of human habitation of vehicles, to provide for the continued effective management of public property, and to provide for the continued enjoyment and accessibility of public property by all Palo Alto residents and the public at large; and (b) Vehicle parking and storage restrictions are necessary to promote the health, safety, aesthetic appearance and general welfare of the public and to stabilize and protect the residential character of the neighborhoods and residential districts; and (c) The human habitation of vehicles causes the City to incur increased costs for policing, maintenance, sanitation, garbage removal, animal control, and other problems which may arise; and (d) The human habitation of vehicles creates a risk to the health, safety, and welfare of those persons in the vehicles, as well as the public at large. SECTION 2. Chapter 9.06 of Title 9 (Public Peace, Morals, and Safety) of the Palo Alto Municipal code is hereby added to read as follows: “9.06.010 Human Habitation of Vehicles Prohibited It is unlawful for any person to use, occupy, or permit the use or occupancy of, any vehicle for human habitation on or in any street, park, alley, public parking lot or other public way. The following uses are exempt from the provisions of this section: any mobile living unit used for human habitation allowed by another provision of this code or required procedure of the city; ATTACHMENT A * NOT YET APPROVED * 2 and guests of city residents for up to forty-eight consecutive hours when parked adjacent to the resident’s dwelling. For purposes of this section, “human habitation” means the use of a vehicle for a dwelling place, including but not limited to, sleeping, eating or resting, either single or in groups and “vehicle” is defined as set forth in Section 670 of the California Vehicle Code, as amended.” SECTION 3. This ordinance shall be effective on the thirty-first day after the date of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ City Attorney City Manager ____________________________ Director of Planning and Community Environment ____________________________ Director of Administrative Services PALO ALTO POLICE DEPARMENT Memorandum To: Curtis Williams From: Bob Beacom, Police Department Minka Van Der Zwaag, Community Services Date: June 12, 2013 Re: Rollout and Enforcement of Living in Vehicles Ordinance If a living-in-vehicles ordinance is passed, the Police and Community Service Departments, along with the City’s social service partners, will work collaboratively on notification and enforcement of the new ordinance to ensure that the roll-out is as empathetic and thorough as possible. Generally, the framework for this rollout would be as follows: Robust notification program through the media and fliers to known vehicle dwellers Personal outreach to known vehicle dwellers with our social service partners 60 days for education, outreach and transition Warnings given for 30 additional days Police response, primarily to complaints, with citations issued only as needed The goal of the ordinance rollout plan is to provide as much information and assistance as possible to individuals living in vehicles prior to any enforcement action taking place. The Community Services Department and their social services partners will play a key role in this plan along with necessary support from the Police Departments Special Enforcement Detail. Once the rollout has reached an enforcement phase, the Police Department anticipates responding primarily on a complaint basis and will generally not have officer’s self-initiate contacts for violations of the ordinance. As current practice dictates, officers will continue to provide affected parties with referrals to social service agencies. The goal will be to assist these individuals, who violate the ordinance, to find appropriate social services and utilizing the judicial system only as a last resort. Upon implementation of this ordinance, the Police Department will deliver a detailed training plan regarding this ordinance for Public Safety Dispatchers and Patrol Officers. The plan will include the intent of the ordinance, the history and complexities of this social issue and the desire to be empathetic in our efforts. This plan will also be covered in the new officer/new dispatcher training programs. Please let either one of us know if you have any questions. Thanks. ATTACHMENT B ATTACHMENT C 1 Human Habitation of Vehicles, Survey of Surrounding Cities’ Ordinances July 2013 SANTA CLARA COUNTY Jurisdiction Code Cite Summary Santa Clara County No county-wide prohibition on vehicle habitation Campbell 10.24.135 Prohibits overnight parking Cupertino 11.28.020 “No vehicle shall be used for living or sleeping quarters on any public street” Gilroy 15.8 Prohibits living, cooking, sleeping or dwelling in a vehicle. Los Altos 8.20.220 “No person shall stop, stand, or park a vehicle on any street for a period of time longer than thirty (30) minutes between the hours of 2:00 a.m. and 6:00 a.m. of any day if notice thereof is posted in the block.” Los Altos Hills 4-3.1006 4-3.1006: “No person shall stop, stand, or park a vehicle on any street for a period of time longer than thirty (30) minutes between the hours of 2:00 a.m. and 4:00 a.m. of any day.” Los Gatos 15.40.060 “Any person who sleeps in a vehicle parked in a public place in the Town for any time during a 24 hour period shall be given a warning. No person shall sleep in a vehicle parked in a public place within a 30 day period after warning” Milpitas V-19-3.00 “It is unlawful for any person or persons to use a vehicle for human habitation on or in any public residential street, alleyway or parking area or any privately owned, commercial, off-street parking area without the written permission of the property owner or authorized property manager.” Monte Sereno No prohibition on vehicle habitation Morgan Hill 8.08.050 All trailers, when occupied or used for living or sleeping purposes, shall be kept within approved mobile home parks or trailer parks; provided, however, that a trailer may be so used or occupied for a period not exceeding forty-eight hours upon obtaining the prior consent of the chief of police or of his deputy. This period may be extended for three additional weeks or any fraction thereof only upon prior consent of city council. ATTACHMENT C 2 Mountain View 19.111(c); 36.27.16 19.111(c): no vehicle on public street can be used for dwelling; 36.27.16: habitable trailers not to be stored in setback area in any office, commercial or industrial zone except where permitted by zoning administrator San Jose 6.46.040 No person shall use any trailer or house car for sleeping or living outside mobile home park; 48 hour exemption for residential guests and exemption for temp trailer use for security purposes in guarding of industrial or institutional properties under issued permit Santa Clara 10.05.540 Unlawful to use mobile home, trailer, bus, any vehicle etc for living or sleeping outside of mobile home park, except as authorized in other Code sections Saratoga 9-15.065 No vehicle used as living/sleeping quarters; exception: only 1 vehicle may be used for living or sleeping for total period not to exceed 18 days in 1 year – can apply for extension of this period Stanford (CDP) Section 3.5.5 of Stanford University Parking and Traffic Code (Aug 2011) “Dwelling or lodging on campus in any motor vehicle, motor home, trailer, boat, or house car on the grounds and roadways of the University without written authorization or special permit from the Stanford Director of Public Safety and the Director of Parking & Transportation Services, or their designee, is prohibited.” Sunnyvale 9.54.010 Unlawful to use, occupy vehicles for human habitation, defined use as dwelling place; exempts temporary use for alleviation of sickness or physical inability to operate vehicle; also exempts permitted uses (per Code) and guests for 48 hours if parked near resident dwelling SAN MATEO COUNTY Jurisdiction Code Cite Summary San Mateo County 7.96.030 Sleeping in vehicles, campers and trailers for human habitation—Prohibited in public places during designated hours. Between the hours of 10:00 p.m. of any day and 6:00 a.m. of the next ensuing day, no person shall sleep in any vehicle, camper or trailer located on any public street, on or in any public easement, in any public park, or in any off-street lot designated for parking, within the unincorporated area of San Mateo County. The prohibition against sleeping in vehicles, campers, or trailers in off-street lots designated for parking shall not apply to any person possessing written authorization from the owner of the lot authorizing the person to sleep in the lot. ATTACHMENT C 3 Atherton 8.20.050(K) Listed as a nuisance per se: “Tents, trailers, campers or other similar vehicles or equipment that are being used for sleeping, cooking or living purposes; no tent, vehicle or trailer shall be used for living purposes or permitted as an accessory structure” Belmont 15-82 “No person shall use or occupy or permit the use or occupancy of any house car, camper, or trailer coach, recreational vehicle or any other motor vehicle, car, truck, or bus, etc., for human habitation, including but not limited to sleeping, eating or resting, either singly or in groups, on any street, park, beach, square, avenue, alley or public way within the city, between the hours of 10:00 p.m. and 6:00 a.m.” Brisbane 10.24.230 “Whenever the city council, by resolution, prohibits all night parking on any street, no person shall stop, stand or park a vehicle on any street for a period of time longer than thirty (30) minutes between the hours of two (2:00) a.m. and four (4:00) a.m. of any day; provided, that this section shall not apply to a vehicle of any regularly licensed physician when actually engaged in making professional calls.” Burlingame 13.32.190 “No person shall use any trailer, semitrailer, camper, camp trailer, house car, trailer coach, mobile home or any other vehicle for the purpose of sleeping or living quarters whether on public or private property.” Colma No prohibition on vehicle habitation Daly City 10.76.020 “No person shall use, occupy, or permit the use or occupancy of any automobile, truck, camper, house car, mobile home, recreational vehicle, trailer, trailer coach, or similar conveyance for human habitation on any public property, beach, square, avenue, alley, or other public way, within the city between the hours of ten p.m. and six a.m., except where such use occurs lawfully in areas officially designated for such purpose by the city.” East Palo Alto No prohibition on vehicle habitation Foster City 17.64.060 “No vehicle, recreational vehicle, commercial vehicle, camper, camper shell, or mobile home of any type shall be used for temporary or permanent human habitation, including sleeping, while parked or stored on private property in any zoning district except in accordance with the provisions of Section 17.64.030(B).” Half Moon Bay 9.24.020 “No person shall use or occupy or permit the use or occupancy of any house car, camper or trailer coach or any other motor vehicle, car, truck or bus, etc. for human habitation, including but not limited to sleeping, eating or resting, either singly or in groups, on any street, park, beach, square, avenue, alley or public way within the city, between the hours of ten p.m. and six a.m.” Hillsborough 10.32.230 “No person shall stop, stand, store or park any vehicle including passenger cars, trucks, commercial vehicles, trailers and other conveyances on any street in the town ATTACHMENT C 4 between the hours of two a.m. and six a.m. of any day, without a permit from the police department” Menlo Park 8.04.010(18); 11.24.050 8.04.010(18): Listed under public nuisance: human occupation of vehicle; 11.25.050: “No person shall stop, stand or park a vehicle at any time between the hours of two a.m. and five a.m. upon those certain streets or portions thereof located within a residential zone or located within three hundred feet (300’) of a residential zone. Physicians engaged in professional calls, persons engaged in governmental duties or emergency activities are exempt from this provision.” Millbrae 5.35.020 “No person shall use or occupy or permit the use or occupancy of any motor vehicle, house car, camper or trailer coach for human habitation, including but not limited to sleeping, eating or resting, either singly or in groups, on any street, park, square, avenue, alley or public way, within the city, between the hours of ten p.m. of any day and six a.m. of the next ensuing day.” Pacifica 4-7.1114(b) “No person shall use, occupy, or permit the use or occupancy of any automobile, truck, camper, house car, mobile home, recreational vehicle, trailer, trailer coach, or similar conveyance for human habitation on any public property, including any park, beach, square, avenue, alley, or other public way, within the City between the hours of 10:00 p.m. and 6:00 a.m., except where such use occurs lawfully in areas officially designated for such purpose by the City.” Portola Valley No prohibition on vehicle habitation Redwood City 14.72(N); 34.4(A) 34.4(A) states that it shall be unlawful for any person to occupy or use any trailer living or sleeping unless located in trailer park; 14.72(N) lists as a public nuisance: any vehicle used for sleeping or other living purposes San Bruno 4.52.110(A) “No person shall use or occupy any motor vehicle, camp car, or trailer coach for human habitation, either singly or in groups, on any street, in any park, or in any public or private off-street parking lot within the city, between the hours of ten p.m. of any day and six a.m. of the next ensuing day. As used in this section, use or occupancy for human habitation shall mean use or occupancy of a vehicle in lieu of a place of residence.” San Carlos 8.40.020 No person shall use/occupy any vehicle except where lawfully permitted by Chief of Police San Mateo 10.04.140 PROHIBITING VEHICLE USE FOR HABITATION OR TO SLEEP. It is unlawful: (a) For any person to occupy or use or permit the occupation or use of any motor vehicles, trailer, camp car, motor home or other vehicle as defined in the California Vehicle Code for purposes of lodging, residence, guest accommodations, habitation ATTACHMENT C 5 or if such vehicle is not in transit as a place for sleeping within the City of San Mateo; or (b) For any person to connect any camp car, motor home, travel trailer or any other vehicle which is equipped for sleeping or cooking or both, to any public utility, such as water, electricity, gas or sewer services, except as may be necessary for the maintenance and preparation of the vehicle; and (c) For any maintenance or preparation connections of any camp car, motor home, travel trailer or any other vehicle which is equipped for sleeping or cooking or both, to any public utility, such as water, electricity, gas or sewer services for more than 8 hours in any seven consecutive days. (Ord. 1995-7 § 1, 1995). South San Francisco 11.40.300 Unlawful for any person to use or occupy as dwelling; except for alleviation of sickness or temp physical inability to operate vehicle Woodside 72.29 “No person shall stop, stand, or park a vehicle on any street for a period of time longer than 30 minutes between the hours of 2:00 a.m. and 4:00 a.m. of any day.” CITY AND COUNTY OF SAN FRANCISCO San Francisco Art 1.1 of Police Code, Sec. 97(a)- (b) Sec. 97(a)-(b): no person shall occupy vehicle, trailer, house car for habitation between 10PM and 6AM; defines “residential neighborhood” City of Palo Alto (ID # 3904) Policy and Services Committee Staff Report Report Type: Meeting Date: 6/25/2013 City of Palo Alto Page 1 Summary Title: Living in Vehicles Ordinance Title: Consideration of Ordinance Prohibiting Human Habitation of Vehicles From: City Manager Lead Department: Planning and Community Environment Recommendation Staff recommends that the Policy and Services Committee recommend that the City Council adopt an ordinance (Attachment A) prohibiting vehicle habitation, to be used together with education, outreach and referral to social services agencies. Executive Summary Over the past several years there has been an increase in the number of incidents of persons living in vehicles in or near residential neighborhoods or commercial districts. While many of these cases have not created problems, others have resulted in nuisances or more serious disturbance to residents and businesses. The Policy and Services Committee at its May 14, 2013 meeting directed Staff to prepare an ordinance prohibiting vehicle habitation, including an implementation plan, with emphasis on outreach and referrals to social services agencies. Staff has prepared a draft ordinance, Attachment A, based on similar ordinances adopted in neighboring communities. In addition, the Police Department has discussed a rollout plan with outreach and social service referral in addition to enforcement action (Attachment B). Appended to this report as Attachment C is the Staff Report prepared for the May 14, 2013 meeting detailing key background information, actions, and options developed over the past two years. Background In July 2011 the City Council was scheduled to consider enacting an ordinance to address complaints received by the City regarding people living in their vehicles. However, after residents and advocates voiced their opinions to the City Council, the City Manager requested the item be removed from the agenda to allow for additional community outreach. The City ATTACHMENT D City of Palo Alto Page 2 Council referred the matter to the Policy and Services Committee (P&S Committee) and called for additional community outreach. Over the past two years Planning, Community Services, and Police Department staff have conducted additional community outreach and established a working group made up of various stakeholders in order to provide city staff with input. The culmination of these actions led to the proposal of a Pilot Vehicle Dwelling Program (Pilot Program) modeled after the City of Eugene Oregon’s Car Camping Program. In summary, the Pilot Program would have temporarily allowed the human habitation of vehicles within designated parking lots throughout the City, generally at faith-based community parking lots and businesses. The objective was to obtain a commitment from a minimum of three congregations in order to launch the Pilot Program. While staff received interest from the Faith-Based Community, only one congregation was able to commit to the Pilot Program. It should be noted, however, the congregation has not conducted any formal outreach to the neighborhood and their parking lot is relatively small. At the May 14, 2013 P&S Committee meeting, staff provided an update to the status of the Human Habitation of Vehicles issue (Attachment C). Staff requested direction whether to a) discontinue efforts to develop an ordinance or program, but to coordinate social service outreach with the Downtown Streets Team, or b) request that Council direct staff to draft an ordinance prohibiting vehicle habitation as part of a complaint-driven enforcement approach that includes education, outreach and referral to services. Approximately eight comments were received from the public, mostly recognizing there are valid concerns with this issue but advocating for a continuation of the conversation instead of the adoption of an ordinance prohibiting human habitation of vehicles. The Committee voted 2-1 to direct staff to return to the Committee with a proposed ordinance. Discussion Staff continues to receive occasional complaints from the public about persons living in vehicles, with many of those recent complaints related to the Cubberley Community Center site. Community Services Department staff at Cubberley continue to address issues related to the rising number of people apparently living on the Cubberley campus, both in their vehicles and camping unsheltered around the campus. Outreach by social service providers has proven helpful, but will on its own not resolve the whole scope of the issue. An increase in the population living at Cubberley may correlate with the temporary closure of other public sites for construction such as the Art Center and Mitchell Park Library and Community Center. The presence of persons living in vehicles is a recurring issue for residents and business owners. Calls for services received by the Police Department are not classified based on residential status and without an incident type it creates a challenge to properly document an accurate account of the number of incidents. City of Palo Alto Page 3 While the Police Department currently does not have the means to specifically track this activity they have analyzed calls for service over the past four years that were related to individuals living in their vehicles. On an annual basis the Police Department receives approximately 50,000 total calls for service of all types. Table 1, Service Calls for Individuals Living in their Vehicles, illustrates the number of service calls received by year related to people living in their vehicle. Table 1: Service Calls for Individuals Living in their Vehicles Year City-wide Service Calls (excluding Cubberley) Cubberley Service Calls Total Service Calls 2010 31 10 41 2011 18 16 34 2012 24 39 63 2013 (to date) 9 12 21 Source: Palo Alto Police Department In addition to these incidents the parking division receives between 80 and 100 calls a month for abandoned or stored vehicles. Of these the parking staff approximates that twenty-five percent are related to people living in their vehicles. These calls are not included with the total number of calls for service received or in the numbers outlined in Table 1. Currently, Palo Alto Municipal Code regulations provide the City with the following enforcement capabilities regarding vehicles and non-motorized vehicles on City Streets.  PAMC 10.36.030 prohibits the use of streets for storage of vehicles and states no vehicle shall be parked on any street or alley or public parking facility for more than 72 consecutive hours.  PAMC 10.40.040 regulates parking distance from curbs. Prohibits parking, stopping or leaving a vehicle more than 18 inches from the curb and both right-hand wheels (or either both right-hand wheels or both left-hand wheels on a one-way street) turned other than parallel with the curb in certain circumstances. These municipal codes require repeated monitoring by Police staff to ensure the vehicles are not exceeding the designated time limits. In addition, individuals who are living in their vehicles may be aware of and in compliance with the 72-hour limit. Ordinance The proposed ordinance (Attachment A) prohibits the human habitation of vehicles. “Human habitation” is defined as “the use of a vehicle for a dwelling space,” but specifically excludes mobile living units allowed by another provision of the code. This includes mobile home parks or for guests of city residents for up to forty-eight consecutive hours when parked adjacent to the resident’s dwelling. City of Palo Alto Page 4 It should be noted the intent of the ordinance is to provide the Police Department with an enforcement tool not currently in place. The Police Department in general will respond to resident complaints and will not have officer’s self-initiate contacts for violations of the ordinance. As current practice dictates, the Police Department will continue to work with local social service providers. Implementation Police and Community Services Department Staff will partner with local social service providers to make sure implementation is empathetic and thorough. Recognizing the sensitivity of this issue, a framework for a rollout plan has been drafted (Attachment B). Below is a summary of proposed framework:  Robust notification program through the media and fliers to known vehicle dwellers  Personal outreach to known vehicle dwellers with our social service partners  60 days for education, outreach and transition  Warnings given for 30 additional days  Police response, primarily to complaints, with citations issued only as needed Prior to the ordinance moving forward to council, interested parties that have been engaged with this issue for well over two years will be given the opportunity to review the draft ordinance and implementation plan. Resource Impact If an ordinance prohibiting the human habitation of vehicles is adopted, the Police Department will utilize the two officers from the Special Enforcement Detail (SED). SED works with downtown issues and rapid response to crime trends. These officers, along with Community Services staff, will take the lead on the roll out plan and implementation. During the 60-90 day roll-out phase, these duties will become part of their primary responsibilities. Moreover, there could be some increased demand in social service requests resulting from referrals to those agencies and organizations. All police calls for service are prioritized based on established protocols. Violations of the Living in Vehicles Municipal Code Section would receive a lower response priority for police officers than in progress or other more urgent police related duties. Environmental Review No environmental review is required under the California Environmental Quality Act (CEQA), as there are no physical environmental impacts expected from the implementation of the ordinance. Attachments:  Attachment A: Draft Ordinance (PDF)  Attachment B: Transition Plan (PDF)  Attachment C: May 14, 2013 Staff Report to Policy and Services (PDF)  Attachment D. Public Comment (PDF) *NOT YET APPROVED* 1 Ordinance No. _____ Ordinance of the Council of the City of Palo Alto Prohibiting Human Habitation of Vehicles The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Findings and Declarations. The City Council finds and declares as follows: (a) Updating Title 9 of the Palo Alto Municipal Code to provide for prohibition of human habitation of vehicles, to provide for the continued effective management of public property, and to provide for the continued enjoyment and accessibility of public property by all Palo Alto residents and the public at large; and (b) Vehicle parking and storage restrictions are necessary to promote the health, safety, aesthetic appearance and general welfare of the public, to stabilize and protect the residential character of the neighborhoods and residential districts; and (c) The human habitation of vehicles causes the City to incur increased costs for policing, maintenance, sanitation, garbage removal, animal control, and other problems which may arise; and (d) The human habitation of vehicles creates a risk to the health, safety, and welfare of those persons in the vehicles, as well as the public at large. SECTION 2. Chapter 9.06 of Title 9 (Public Peace, Morals, and Safety) of the Palo Alto Municipal code is hereby added to read as follows: “9.06.010 Human Habitation of Vehicles Prohibited It is unlawful for any person to use, occupy, or permit the use or occupancy of, any vehicle for human habitation on or in any street, park, alley, public parking lot or other public way. The following uses are exempt from the provisions of this section: • Any mobile living unit used for human habitation allowed by another provision of this code or required procedure of the city; and *NOT YET APPROVED* 2 • Guests of city residents for up to forty-eight consecutive hours when parked adjacent to the resident’s dwelling. For purposes of this section, “human habitation” means the use of a vehicle for a dwelling place, including but not limited to, sleeping, eating or resting, either single or in groups. For purposes of this section “vehicle” shall mean any self-propelled structure designed to transport persons or property. SECTION 3. This ordinance shall be effective on the thirty-first day after the date of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ City Attorney City Manager ____________________________ Director of ____________________________ Director of Administrative Services PALO ALTO POLICE DEPARMENT Memorandum To: Curtis Williams From: Bob Beacom, Police Department Minka Van Der Zwaag, Community Services Date: June 12, 2013 Re: Rollout and Enforcement of Living in Vehicles Ordinance If a living-in-vehicles ordinance is passed, the Police and Community Service Departments, along with the City’s social service partners, will work collaboratively on notification and enforcement of the new ordinance to ensure that the roll-out is as empathetic and thorough as possible. Generally, the framework for this rollout would be as follows: Robust notification program through the media and fliers to known vehicle dwellers Personal outreach to known vehicle dwellers with our social service partners 60 days for education, outreach and transition Warnings given for 30 additional days Police response, primarily to complaints, with citations issued only as needed The goal of the ordinance rollout plan is to provide as much information and assistance as possible to individuals living in vehicles prior to any enforcement action taking place. The Community Services Department and their social services partners will play a key role in this plan along with necessary support from the Police Departments Special Enforcement Detail. Once the rollout has reached an enforcement phase, the Police Department anticipates responding primarily on a complaint basis and will generally not have officer’s self-initiate contacts for violations of the ordinance. As current practice dictates, officers will continue to provide affected parties with referrals to social service agencies. The goal will be to assist these individuals, who violate the ordinance, to find appropriate social services and utilizing the judicial system only as a last resort. Upon implementation of this ordinance, the Police Department will deliver a detailed training plan regarding this ordinance for Public Safety Dispatchers and Patrol Officers. The plan will include the intent of the ordinance, the history and complexities of this social issue and the desire to be empathetic in our efforts. This plan will also be covered in the new officer/new dispatcher training programs. Please let either one of us know if you have any questions. Thanks. ATTACHMENT B City of Palo Alto (ID # 3644) Policy and Services Committee Staff Report Report Type: Meeting Date: 5/14/2013 City of Palo Alto Page 1 Summary Title: Habitation of Vehicles Issue Title: Consideration of Approaches to Address Concerns Related to Human Habitation of Vehicles From: City Manager Lead Department: Planning and Community Environment Recommendation Staff recommends that the Policy and Services Committee recommend to the City Council to either: 1.Abandon current efforts and no longer pursue a program or an ordinance, but coordinate social service outreach; OR 2.Direct staff to prepare an ordinance prohibiting vehicle habitation, but including gradual outreach, referral and enforcement procedures. Executive Summary Staff is providing this update to the status on the Human Habitation of Vehicles issue to determine whether to reconsider or revise the Committee’s prior recommendation, since there has been a change in the Committee’s composition. Key background and options are addressed in this report, followed by various attachments fully detailing actions over the past two years. The focus over the past year has been the initiation of a Pilot Vehicle Dwelling Program, “Pilot Program,” described in Attachment A. In November 2012, staff presented the Policy and Services Committee with two approaches to address concerns related to the Human Habitation of Vehicles (Attachment B). Staff was directed to continue pursuing a Pilot Program and take a more active role in both outreach to the faith-based community and a leadership role in administering the program and providing City sites for housing vehicle dwellers. ATTACHMENT C City of Palo Alto Page 2 While staff has taken a more active role in providing direct assistance to interested congregations, there is still only commitment from one congregation, and no City effort has yet been authorized by City Council. As such, staff recommends that the Committee provide direction as to whether to a) discontinue efforts to develop an ordinance or program, but to coordinate social service outreach with the Downtown Streets Team or b) request that Council direct staff to draft an ordinance prohibiting vehicle habitation that includes a complaint-driven enforcement procedures based on a gradual approach with outreach and social service referral prior to enforcement action. Background A draft ordinance was prepared in July of 2011 to address complaints received by residents and business owners related to alleged disturbances by persons living in vehicles in or near residential neighborhoods and commercial districts. Staff scheduled consideration of the draft ordinance for City Council review on July 25, 2011. However, after homeless residents and advocates voiced their opinions to the City Council, the City Manager requested the item be removed from the agenda to allow for additional community outreach. The City Council concurred and suggested the matter be reviewed by the Policy and Services Committee in advance of full council review. In response to a desire to allow for additional community outreach staff took several measures. This included hosting community wide forums and forming a working group to develop approaches and solutions. The Policy and Services Committee (P&S Committee) met in November of 2012 to review this issue and recommended (3-1 vote) that the City Council direct staff to: 1) initiate a six-month trial pilot Vehicle Camping Program; 2) search for partnerships with faith-based and not-for- profit organizations, businesses, and Stanford organizations to sponsor a pilot Vehicle Camping Program as outlined in Attachment A; 3) take more active role in offering direct help; 4) look for partners to provide sites, including City properties, for a limited number of people; and 5) enlist Downtown Streets Team to assist with implementation and oversight of the program. The recommendation has not been considered by the full Council, however, as a new Council was seated and a new P&S Committee was appointed. The City Manager has asked that the current P&S Committee review the available options and the November Committee recommendation prior to the Council’s review of the matter. There have also been some recent related developments regarding activities at the Cubberley Community Center and outreach to the faith-based community that the Committee and the community should be aware of. Discussion The following provides a summary of the outreach and issues reported to the P&S Committee in November and updates of related issues since. City of Palo Alto Page 3 Community Outreach 1. Community Forum on September 15, 2011: On September 15, 2011 the City staff, in conjunction with the Community Cooperation Team held a “Living In Vehicles Community Forum” to invite public comment regarding individuals living in their vehicles and others affected by these activities. Approximately sixty individuals participated in the forum. The meetings notes are appended to this update as Attachment D. 2. Working Group Established: A working group was established comprised of various stakeholders in order to provide input to City Staff. The working group included representatives from the unhoused community, local social service providers, neighborhood residents, businesses, the faith- based community, and City staff from the Planning, Police, City Attorney, and Community Services Departments. A total of seven working group meetings took place. Multiple issues were identified and a distinction was made between a) the parking and storage of multiple vehicles in or around certain commercial/residential areas and b) people living in their vehicles and parking within residential and/or commercial neighborhoods. The working group discussed a number of options and approaches that are described below. A primary focus was placed on a proposal to establish and implement a 3-month pilot program modeled after the Eugene, Oregon Homeless Car Camping program administered by the St. Vincent de Paul Society. 3. Faith-Based Community Outreach: On April 20, 2012 a meeting was held with the faith-based community to discuss their role, leadership, and potential participation in the proposed Pilot Program. Forty-two (42) organizations were invited with seven participating in the meeting. Several concerns were raised, including but not limited to current participation in the Hotel de Zink Program, liability insurance requirements, sanitary bathrooms, and background checks. Overall the faith-based community expressed its support for the program and willingness to participate in formulating a solution. Several congregations indicated interest in participating in a permanent program but required additional time to consider the logistics, discuss it with their congregation, and coordinate outreach to their neighbors. Ultimately, staff received a commitment from two congregations: First Presbyterian Church and University Lutheran Church. Participation from First Presbyterian Church was not feasible due to neighborhood concerns and they subsequently retracted their commitment. Specifically, neighbors expressed concerns about the small site, the proximity to homes there, and that the 20- foot suggested buffer between vehicles and residential properties is inadequate. 4. Community Forum on June 26, 2012: City of Palo Alto Page 4 A second community forum was held to present approaches developed in conjunction with the working group. Staff presented a range of options and approaches to about thirty-five attendees. Comments shared through comment cards and questions received are summarized in Attachment E. Approaches Identified Staff and the Working Group identified four component approaches to address the Vehicle Habitation issue (not necessarily mutually exclusive): 1. Pilot Vehicle Dwelling Program A 3-month Pilot Vehicle Dwelling Program could be established temporarily allowing the human habitation of vehicles within designated parking lots throughout the City. Key parameters of the proposed program are outlined in Attachment A. The proposed program has been modeled after the City of Eugene Oregon’s Program allowed under Section 4.816 of the Eugene Municipal Code (Attachment F). Downtown Streets Team would serve in an administrative role and would be the first point of contact when a complaint related to the human habitation of a vehicle is received by the Palo Alto Police Department. The individual would be connected to available social services and matched with a host church. Staff has been aiming to obtain the commitment from three congregations to launch the Pilot Program with little success. If implemented the benefits of this approach might address some of the parking and safety concerns raised, but it is unclear whether participation would be from those currently of concern. Moreover, the criteria should be modified to better assure the site is suitable, compatible, and is buffered from residential uses. 2. Enhanced Social Service Outreach Another option is to “do nothing” in the way of establishing new regulations or programs. Instead, an increased effort would be implemented to better connect social service providers with homeless who are now living in vehicles, with particular attention to those of concern to residents or businesses. The Downtown Streets Team has offered to be the first point of contact when a complaint is received by Police, but where no crime or violation has been committed. A representative from Downtown Streets Team would approach the person of concern and offer to assist with finding appropriate services and housing. This approach may help target the relatively few instances of concern without imposing an ordinance. Moreover, it could be implemented on a trial basis for several months to see what the outcome is. This could also provide Downtown Streets Team and the Police Department an opportunity to access and document the extent of the problem. 3. Ordinance Prohibition The overall perception most participants in the Working Group and other members of the community is that an ordinance to prohibit the human habitation of vehicles is not City of Palo Alto Page 5 necessary. Some contend that adopting the proposed ordinance would criminalize the poor. Others, particularly neighborhood and commercial representatives, feel that an ordinance is needed to police the vehicle dwellers of concern and spur them to seek help from social service providers. Several variations to the ordinance were discussed including: 1) postponing the ordinance until after the Pilot Program; 2) adopting the proposed ordinance only upon implementation of the Vehicle Dwelling Program alternative; or 3) adopting the proposed ordinance without the Vehicle Dwelling Program. 4. Parking Restrictions One issue that may be addressed separate from the ordinance and/or program would be to implement more aggressive parking restrictions within the identified problem areas. This relates to the parking and storage of multiple vehicles in or around certain commercial and neighborhood areas, particularly College Terrace. According to Section 10.36.030 of the Palo Alto Municipal Code, a vehicle is not allowed to be parked or left standing for seventy-two or more consecutive hours. Vehicle dwellers of concern are aware of this regulation and manage to move their vehicles to comply with the Code. Signs prohibiting overnight parking between 1:00 and 4:00 a.m. have been posted in the College Terrace commercial area near El Camino Real, which seems to have eased the problem in that neighborhood. The benefit of this approach is that it would solve parking related issues in a few specific instances where parking multiple vehicles is as much of a problem as living in vehicles. However, it would not solve the larger social problem and may result in relocating the problem to another part of the city. Policy and Services Committee Review Staff has provided the P&S Committee with two formal updates over the past two years. The staff report and related meeting minutes for the first update are appended as Attachments G and H. On November 20, 2012 staff requested that the P&S Committee review the approaches described above and made a two-prong recommendation for consideration (Attachment B). In summary, the options were to either initiate an ordinance in conjunction with a Pilot Vehicle Camping Program, with delayed (6-months) implementation or the ordinance, or to abandon current staff efforts and no longer pursue an ordinance or program. Over twenty comments were received from the public, mostly urging the City not to adopt an ordinance. The Faith-based community expressed their willingness to help but clarified there are complexities in implementing this type of program. A few members of the public felt there was clear evidence the issue is not large enough to warrant an ordinance. Finally, several members stated the City needed to step up and identify City-owned sites as potential sites for the Pilot Program. City of Palo Alto Page 6 The P&S Committee, on a 3-1 vote, adopted a modified motion to request that Council: 1) initiate a six-month trial pilot Vehicle Camping Program; 2) Staff to search for partnerships with faith-based and not-for-profit organizations, businesses, and Stanford organizations to sponsor a pilot Vehicle Camping Program as outlined in Attachment A; 3) City to take more active role in offering direct help (including using City sites); 4) look for partners to provide sites for a limited number of people; and 5) enlist Downtown Streets Team to assist with implementation and oversight of the program. The Policy and Services Committee meeting minutes are included as Attachment C. Councilmember Klein was opposed to the motion and felt there were two issues at hand; parking/storage of multiple vehicles on city streets and people sleeping in cars. He felt the number of people sleeping in vehicles determined the amount of effort the City needed to resolve the issue. Given the small number of people sleeping in cars, the issue does not warrant further action and the City would be involved in a program that benefitted few people. Council Member Espinosa did not oppose an ordinance but wanted to ensure the Council had done everything possible to find an alternative to a ban. He felt the motion provided a good compromise and ensured the Council fully explored the option. In addition, he noted staff’s outreach efforts were not aggressive and the faith based community needed more time to consider making a commitment to participate. Council Member Schmid was unsure of the City’s responsibility for unhoused people but noted the City could potentially benefit from dealing with some of the homeless problem through vehicle dwelling. He made the motion and supported a more proactive City role. Chair Holman asked if Council Members would consider using City facilities and if that would encourage other organizations to come forward. She generally supported the trial period for the pilot program but wanted to remove the responsibility of the program administration from staff. Cubberley Community Center In recent months, the extent of homeless dwelling at the Cubberley Community Center has increased substantially (20-30 per evening), including those in vehicles (5-10 per night). There has been increased conflict between the site dwellers, and staff at the Center report feeling intimidated and unsafe on some occasions. A more frequent City Police presence has been required. Staff continues to assess solutions to limit the activity at Cubberley and is concerned that allowed vehicle dwelling there may lead to further incidents, and would require further City resources for management and administration. Recent Faith-Based Community Outreach Since the November 20, 2012 update, staff has teamed up with the Downtown Streets Team to meet with interested congregations. Over the past four months Staff has worked closely with City of Palo Alto Page 7 an ad hoc committee of the Palo Alto Friends Meeting (PAFM). Specifically, PAFM requested staff’s assistance with an outreach strategy, attendance of their ad hoc committee meetings, and participation in community meetings to discuss the logistics of the Pilot Program. Two community meetings were held with immediate neighbors and the Friends Nursery school currently operating out of the site. Neighbors circulated a petition against PAFM’s intention to participate in the Pilot Program. The petition is appended as Attachment I. During the meetings there was a general concern with safety, privacy, and they felt the site was inadequate to accommodate the proposed activity. Based on the concerns raised through the outreach efforts, PAFM decided with much regret not to participate as a host in the Pilot Program. Current Recommendations 1. Abandon Efforts Staff resources are extremely limited to continue effort on this subject, given the many other Council priority assignments. Despite staff efforts, five months after the November report there is still only a commitment from one congregation to sponsor a program. While staff believes the Pilot Program could provide an alternative solution for some vehicle dwellers, the enticement to participate as a host is not presently strong enough to continue and identifying City sites to host vehicles dwellers is not presently feasible and would demand further staff and financial resources. Another potential issue is the future availability of Downtown Streets. Their ability to commit themselves to serve as the administrative role for a 3-month pilot program at no cost is reduced as they become more committed elsewhere. Should their availability change, City staff may have to play a more active role in the administration of the Pilot Program. 2. Ordinance Prohibition Several approaches have been considered since July 2011 to address complaints received regarding persons living in vehicles, including the adoption of an ordinance prohibiting the human habitation of vehicles. The City currently does not explicitly prohibit such activity and the only available enforcement tool to the Police Department is a parking regulation. Given the Police Department does not have the proper tools to respond to complaints received there are members of the community that feel an ordinance is needed to serve as that tool. The Palo Alto Chamber of Commerce has outlined in a letter its position and recommendation for the drafting of an ordinance concurrently with the Pilot Program (Attachment J). City of Palo Alto Page 8 Recognizing the sensitivity of the issue, a proposed ordinance could include accompanying enforcement procedures based on a gradual outreach, social service, and incremental enforcement approach. If the P&S Committee, and ultimately the City Council, direct staff to prepare an ordinance, it could be accompanied by procedures to include: a) response on a complaint basis, b) an education and outreach period prior to issuing citations, c) referrals to social services, and d) actual enforcement only upon continued violation. If staff is directed to prepare an ordinance and procedures, interested parties that have been engaged with this issue will be given the opportunity to review the draft ordinance and enforcement procedures prior to their review by Council. It is staff’s position that abandoning the pilot program efforts at this time and pursuing enhanced social service outreach is a preferable approach. Collectively, these actions should address most concerns raised by complainants. Resource Impacts Staff from Planning and Community Environment, Community Services, Police, and the City Attorney’s Office have coordinated this effort and have been involved in meetings with the Working Group and community. Planning staff has taken the lead to organize the group and prepare materials and staff reports. Resource impacts associated with a trial 6-month program sponsored by the faith community and monitored by the Downtown Streets Team would require minimum resources from the City, likely on the order of $20,000 for portable toilets and minimal incidentals. Funding would likely come from social service funding (HSRAP or CDBG), Council contingency funds, or Stanford University Medical Center Development Agreement funds, from accounts designated for health services. Resource impacts of a City-sponsored trial program have not been estimated, but would require considerably more staff time and at least similar facility support. Attachments:  Attachment A: Proposed Program Highlights (PDF)  Attachment B: November 20, 2012 Staff Report to Policy and Services (PDF)  Attachment C: November 20, 2012 Policy and Services Meeting Minutes (PDF)  Attachment D: September 15, 2011 Community Forum Notes (PDF)  Attachment E: Community Forum Notes June 26, 2012 (PDF) City of Palo Alto Page 9  Attachment F: Eugene Oregon Permitted Overnight Sleeping Ordinance (PDF)  Attachment G: November 15, 2011 Staff Report to Policy and Services (PDF)  Attachment H: November 15, 2011 Policy and Services Meeting minutes (PDF)  Attachment I: Petition on the Vehicle Dwelling Program at Friends Meeting (PDF)  Attachment J: Chamber of Commerce Position Letter (PDF) Proposed Pilot Vehicle Dwelling Program Program Highlights Persons may sleep overnight in a vehicle, camper or trailer in a parking lot of a religious institution, place of worship, or business with the written permission of the owner as a transitional housing alternative under the following limited circumstances: 1. Such overnight use does not conflict with express conditions imposed by the City on a permit for the religious institution, place of worship, or business. 2. No more than three (3) vehicles shall be allowed on the religious institution, place of worship, or business’ real property for overnight accommodation use at any one time. 3. During the overnight use, each vehicle shall be sited at a location not less than twenty (20) feet from any real property being used for residential purposes. 4. Such vehicles are properly and currently licensed for operation on the highway in accordance with the California Vehicle Code. 5. The religious institution, place of worship, or business has sole and exclusive control of the parking being used for this purpose. The organization shall furnish each vehicle owner an approval letter on letterhead stipulating specific guidelines. 6. The religious institution, place of worship, or business makes adequate and sanitary bathroom facilities available to the occupants of the recreational vehicles. 7. No rent shall be received for this overnight accommodation use. 8. Limited security will be provided by Downtown Streets Team. City of Palo Alto (ID # 2768) Policy and Services Committee Staff Report Report Type: Meeting Date: 11/20/2012 City of Palo Alto Page 1 Summary Title: Habitation of Vehicles Issue Title: Consideration of Approaches to Address Concerns Related to Human Habitation of Vehicles From: City Manager Lead Department: Planning and Community Environment Recommendation Staff requests that the Policy and Services Committee review the proposed approaches to the Human Habitation of Vehicles issue and recommend to Council that staff: 1) Initiate an ordinance and a vehicle camping pilot program, including the following: a. Enact an ordinance prohibiting vehicle habitation, but deferred from taking effect until six (6) months following adoption; and b. Continue to solicit input from the faith-based community and others in sponsorship of a 3-month Pilot Vehicle Dwelling Program, consistent with the parameters outlined in Attachment A; and c. Enlist the assistance of the Downtown Streets Team to provide outreach upon requests of residents or businesses where concerns are registered about persons living in vehicles, and to assist with implementation and oversight of the Pilot Vehicle Dwelling Program; OR 2) Abandon current staff efforts and no longer pursue a program or ordinance. Background A draft ordinance was prepared in July of 2011 to address complaints received by residents and business owners related to alleged disturbances by persons living in vehicles in or near residential neighborhoods and commercial districts. Staff scheduled consideration of the draft ordinance for City Council review on July 25, 2011. However, after homeless residents and advocates voiced their opinions to the City Council, the City Manager requested the item be removed from the agenda to allow for additional community outreach. The City Council City of Palo Alto Page 2 concurred and suggested the matter be reviewed by the Policy and Services Committee in advance of full Council review. A working group was established comprised of various stakeholders in order to provide input to City Staff. The working group includes representation from the unhoused community, local social service providers, neighborhood residents, businesses, the faith-based community, and City staff from the Planning, Police, City Attorney, and Community Services Departments. To date, two community forums and seven working group meetings have taken place to obtain additional input and discuss alternative solutions. On November 15, 2011, staff provided an informational report to the Policy and Services Committee on the status of the Human Habitation of Vehicles issue and related programs. The report included information from the first community forum and a summary of the first two working group meetings (Attachment D). The Policy and Services Committee meeting minutes are included as Attachment E. Staff continues to receive occasional complaints about homeless persons living in vehicles, with most of those related to the Cubberley Community Center site (an increase probably due to the temporary closure of other sites for construction, such as the Art Center, Mitchell Park Library, etc.). Community Services Department Staff is experiencing an increase in issues at Cubberley Community Center and is working on approaches to address the various matters and obtain compliance with campus rules. The total number of complaints coming to Planning in the past 8-10 months probably amounts to a half dozen, and the Police Department does not isolate those complaints from many other disturbance calls, so it’s difficult to gauge a total citywide. Staff still estimates that a total of 25-50 persons or perhaps more live in vehicles throughout the community, most of whom have not been of concern to neighbors, businesses, and visitors in the city. Discussion Since the November 2011 update, the Working Group met on four other occasions to discuss approaches and possible solutions to the issue. Three primary approaches were identified: 1) a car “camping” program modeled after the Eugene, Oregon Homeless Car Camping Program; 2) an ordinance prohibiting vehicle habitation on City streets or City-owned sites; and 3) parking regulations and limits. Each of these approaches is described in further detail later in this report. Some members of the Working Group expressed interest in pursuing the car camping program in tandem with the adoption of an ordinance (note: Eugene has an ordinance prohibiting camping on public streets). Others argue there is no guarantee of participation in the program City of Palo Alto Page 3 and/or if the program would resolve the issue. Moreover, they questioned the timeline of the program, what is to follow, and what the accomplishments of the program would be. It was recognized that the intent of the program was not to end homelessness in Palo Alto. Instead, a program like this could serve as a transitional housing alternative. The Palo Alto Chamber of Commerce has outlined in a letter its position and recommendation for the drafting of an ordinance concurrently with a program modeled after the Eugene Oregon program (Attachment F). The subsequent Working Group meetings focused on a proposal to establish and implement a 3-month pilot program modeled after the Eugene Oregon Homeless Car Camping Program and determine whether it would provide a benefit for homeless persons and for affected residents or businesses. Several concerns were raised, including finding a social service agency to take on the administrative role for the program (the St. Vincent de Paul Society does so in Eugene) and determining whether there was expressed interest from property owners, business owners, and the faith-based community. The Downtown Streets Team has volunteered to administer the program during the 3-month pilot phase at no cost. Staff indicated that a commitment was needed from at least three congregations to launch a pilot program. The Working Group reached out to the faith-based community about their role and leadership. On April 20, 2012, a meeting was held with the faith-based community to discuss their role, leadership, and potential participation in the pilot program. Forty-two (42) organizations were invited and seven congregations participated in the meeting. Several concerns were raised, including but not limited to current participation in the Hotel de Zink program, insurance requirements, sanitary bathrooms, and background checks. Overall the faith-based community expressed its support for the program and participation in formulating a solution. Congregations were then asked to submit their intent to participate in the program by May 31, 2012. Staff received confirmation from only one congregation about its intent to participate in the pilot program, though a number of neighbors of that church have expressed concern about the small site, the proximity to homes there, and that the 20-foot suggested buffer between vehicles and residential properties is inadequate. There were, however, several congregations indicating interest in participating in a permanent program but who require additional time to consider the logistics, discuss it with their entire congregation, and coordinate outreach to their neighbors. For instance, some do not currently have the restroom facilities or parking space to participate in the pilot program. To that end, members of the faith-based community restated their interest but requested additional time to consider whether a commitment is possible. Staff has subsequently received strong interest from one additional church (note: staff believes that participation of the prior interested congregation was not feasible due to neighborhood concerns). City of Palo Alto Page 4 Community Forum on June 26, 2012 The City sponsored a second “Living in Vehicles Community Forum” on June 26, 2012 in order to present alternative approaches and solutions developed in consultation with the Working Group. Staff presented a range of options and approaches to about 35 attendees. These approaches are summarized in the section below. Comments shared through comment cards and questions received at the community forum are summarized in Attachment C. In general, the comments received mirrored those expressed within the Working Group, including: 1) some homeless persons are of the opinion this is a parking issue, 2) others are opposed to an ordinance but supportive of the car camping effort, and 3) some residents believe an ordinance is necessary to police vehicle dwellers of concern. For the most part, the speakers represented viewpoints of homeless advocates or religious institutions. A representative of the Downtown Streets Team indicated his organization’s commitment to the car camping program as well as in a role as an initial point of contact for outreach to vehicle dwellers. A representative of First Presbyterian Church (the one church that had to that point committed to hosting as part of a pilot) also spoke, reiterating his support of the program and surprise about the negative responses of the church’s neighbors. Since then, Staff has been working with the Downtown Streets Team and Mayor Yeh in outreach to individual congregations to solicit support for a pilot program. First Presbyterian Church representatives offered their leadership within the faith-based community to promote interest in the program. Although First Presbyterian Church will not be a host congregation, given the concerns raised by their neighbors, they have offered ancillary support for the program including but not limited to limited security checks in the morning. An additional congregation has stepped forward with several others requesting additional information and time to make a formal commitment. Despite these efforts, there is still only one congregation that has made a commitment. Approaches Staff developed the following approaches that were presented at the second community forum. 1. Pilot Vehicle Dwelling Program A 3-month Pilot Vehicle Dwelling Program could be established, temporarily allowing the human habitation of vehicles within designated parking lots throughout the City, generally at churches or businesses (the Policy and Services Committee previously directed that the program not be located at City facilities, though several vehicle campers currently reside at Cubberley Community Center). Key parameters of the proposed program are outlined in Attachment A. The proposed program has been modeled after the City of Eugene Oregon’s City of Palo Alto Page 5 Homeless Car Camping Program allowed under Section 4.816 of the Eugene Municipal Code (Attachment B). A presentation made to the Eugene City Council in 2011 is also included as Attachment G. The Downtown Streets Team would serve in an administrative role and would be the first point of contact when a complaint related to the human habitation of a vehicle is received by the Palo Alto Police Department. The individual would be connected to available social services and matched with a host church. As noted, a commitment from only one congregation to implement the pilot program has thus far been received, which staff does not consider adequate to proceed. If implemented, the benefits of this approach might address some of the parking and safety concerns raised by residents and business owners, but it is unclear whether participants would be those currently of concern to residents and businesses or others, perhaps even from outside of Palo Alto. Staff also believes that the criteria should be modified to better assure compatibility and buffering from residents and to incorporate neighborhood outreach efforts by the congregation. Most recently Staff was approached by a member of the Working Group regarding a similar program the City of Santa Barbara developed as a result in a substantial increase in vehicle dwellers in south Santa Barbara County. New Beginnings, a social serve provider organized around a counseling center, administers the Safe Parking Program under a contract with the City of Santa Barbara. An overview of the program is included as Attachment H. Staff has contacted staff from the City of Santa Barbara, and notes that the program is administered by the City and is fairly staff-intensive and costly. 2. Enhanced Social Service Outreach Another option is to “do nothing” in the way of establishing new regulations or programs, but to better connect social service providers with homeless who are now living in vehicles, particularly those of concern to residents or businesses. The Downtown Streets Team has offered to be the first point of contact when a complaint is received by Police, but where no crime or violation has been committed (or at least is not occurring when the Police arrive). The Downtown Streets Team representative would approach the person of concern and offer to assist with finding appropriate services and housing, upon referral by the Police Department. This approach may help to target the relatively few instances of concern without imposing an ordinance, and could be implemented on a trial basis for several months. Staff also believes that the Downtown Streets Team and the police could better assess and document the extent of the problem. 3. Ordinance Prohibition The overall perception of many in the Working Group is that an ordinance to prohibit the human habitation of vehicles is not necessary. Some contend that adopting the proposed ordinance would criminalize the poor. Others, however, particularly neighborhood and commercial representatives, feel that an ordinance is needed to police the vehicle dwellers of concern and spur them to seek help from social service providers. Several variations to the ordinance were discussed, including: a) postponing the ordinance until after the pilot City of Palo Alto Page 6 program; b) adopting the proposed ordinance only upon implementation of the car camping program alternative; or c) adopting the proposed ordinance without the car camping program. 4. Parking Restrictions Another issue that may be addressed separate from the ordinance and/or program would be to implement more aggressive parking restrictions within at least a couple of the problem areas. One issue relates to the parking and storage of multiple vehicles in or around certain commercial and neighborhood areas (particularly College Terrace). According to Section 10.36.030 of the Palo Alto Municipal Code, a vehicle is not allowed to be parked or left standing for seventy-two or more consecutive hours. The vehicle dwellers of concern are aware of this regulation and manage to move their vehicles to comply with the code. In the College Terrace commercial area near El Camino Real, staff has surveyed affected businesses and expects to post signs prohibiting overnight parking (1:00 – 4:00 a.m.) on those streets within the next 30 days. Another area near Boulware Park is also under evaluation for additional parking restrictions around the park itself. The benefit of this approach is that it would solve parking related issues to the human habitation of vehicles in a couple of specific instances where parking multiple vehicles is as much of a problem as living in vehicles. However, it would not resolve the larger social problem and may result in relocation to another part of the city. Staff would monitor for those impacts following installation of new parking signage. At this time, staff believes that implementing options 2 (social service contact) and 4 (parking restrictions) are low-cost alternatives that should be pursued immediately and don’t require Council direction. Staff believes that the Pilot Vehicle Dwelling Program could provide an alternative for some of the vehicle dwellers, at a minimal cost to the City, but interest in the community sponsoring the program is not sufficient at this time. Adoption of an ordinance prohibiting vehicle habitation, with a deferred implementation (six months), however, may provide the necessary impetus for the initiation of the program. This approach also pairs the regulatory prohibition with an option for providing assistance to those who wish. The ordinance would be enforced on a complaint basis only. Staff recommends either this approach (deferred ordinance plus an opportunity to implement a Vehicle Dwelling Program) be offered to Council, or that the Vehicle Habitation effort be abandoned at this time. Staff considers the issue to be important and valid for those residents and businesses (and homeless) who have been affected by concerned actions of a few individuals, but does not believe this is pervasive throughout Palo Alto. Staff (and community members) has devoted considerable time to the issue and if the above approach is not acceptable, then perhaps it is most appropriate to pursue other priorities. Staff would continue to work with the Downtown Streets Team to evaluate whether they could assist the Police Department as initial responders when incidents are reported. City of Palo Alto Page 7 Resource Impact Staff of Planning and Community Environment, Community Services, Police and the City Attorney’s Office have coordinated this effort and have been involved in the meetings with the Working Group and the community. Planning staff has taken the lead to organize the group and prepare materials and staff reports. Staff expects that the results of any program or ordinance would not have substantial fiscal impacts on the City, particularly as staff understands the Policy and Services Committee’s prior direction that the City should not include City lands or administration in any potential vehicle camping program. However, if a Vehicle Dwelling Program is pursued, staff recommends allocating minimal funds (up to $5,000 total) that would help pay for the portable toilets required of the host congregations during the trial period. Attachments:  Attachment A: Proposed Pilot Vehicle Dwelling Program Outline (PDF)  Attachment B: Eugene, Oregon Permitted Overnight Sleeping Program (PDF)  Attachment C: Community Forum Notes June 26, 2012 (PDF)  Attachment D: November 15, 2011 Staff Report to Policy and Services Committee (PDF)  Attachment E: November 15, 2011 Policy and Services Committee Meeting Minutes (PDF)  Attachment F: Chamber of Commerce Position Letter (PDF)  Attachment G: Eugene, Oregon Car Camping Presentation 2011 (PDF)  Attachment H - Santa Barbara Safe Parking Program Overview (PDF)  Public Comment Letters (PDF) Proposed Pilot Vehicle Dwelling Program Program Highlights Persons may sleep overnight in a vehicle, camper or trailer in a parking lot of a religious institution, place of worship, or business with the written permission of the owner as a transitional housing alternative under the following limited circumstances: 1. Such overnight use does not conflict with express conditions imposed by the City on a permit for the religious institution, place of worship, or business. 2. No more than three (3) vehicles shall be allowed on the religious institution, place of worship, or business’ real property for overnight accommodation use at any one time. 3. During the overnight use, each vehicle shall be sited at a location not less than twenty (20) feet from any real property being used for residential purposes. 4. Such vehicles are properly and currently licensed for operation on the highway in accordance with the California Vehicle Code. 5. The religious institution, place of worship, or business has sole and exclusive control of the parking being used for this purpose. The organization shall furnish each vehicle owner an approval letter on letterhead stipulating specific guidelines. 6. The religious institution, place of worship, or business makes adequate and sanitary bathroom facilities available to the occupants of the recreational vehicles. 7. No rent shall be received for this overnight accommodation use. 8. Limited security will be provided by Downtown Streets Team. Eugene Code 4-81 8/2/2011 the use of any tent, lean-to, shack, or any other structure, or any vehicle or part thereof. (2) It is found and declared that: (a) From time to time persons establish campsites on sidewalks, public rights-of-way, under bridges, and so forth; (b) Such persons, by such actions create unsafe and unsanitary living conditions which pose a threat to the peace, health and safety of themselves and the community; and, (c) The enactment of this provision is necessary to protect the peace, health and safety of the city and its inhabitants. (3) No person shall camp in or upon any sidewalk, street, alley, lane, public right-of-way, park or any other publicly-owned property or under any bridge or viaduct, unless otherwise specifically authorized by this code or by declaration of the Mayor in emergency circumstances. (4) Upon finding it to be in the public interest and consistent with council goals and policies, the council may, by motion, exempt a special event from the prohibitions of this section. The motion shall specify the period of time and location covered by the exemption. (Section 4.815 amended by Ordinance No. 19163, enacted July 11, 1983; and Ordinance 20062, enacted September 16, 1996, effective October 16, 1996.) 4.816 Permitted Overnight Sleeping. (1) Notwithstanding any other provision of this code: (a) Persons may sleep overnight in a vehicle, camper or trailer in a parking lot of a religious institution, place of worship, business or public entity that owns or leases property on which a parking lot and occupied structure are located, with permission of the property owner. The property owner may not grant permission for more than three vehicles used for sleeping at any one time. (b) Persons may sleep overnight in the back yard of a single family residence in a residential zoning district, with permission of the owner and tenant of the residence. Not more than one family may sleep in any back yard, and not more than one tent or camping shelter may be used for sleeping in the back yard. As an alternative, but not in addition to sleeping overnight in the back yard, not more than one family may sleep in a vehicle, camper or trailer parked in the driveway of a single family residence in a residential zoning district, with permission of the owner and tenant of the residence. For purposes of this subsection, “family” means persons related by blood or marriage, or no more than two unrelated adults. (c) Persons may sleep overnight in a vehicle, camper or trailer on a paved or graveled surface located on a vacant or unoccupied parcel, with the permission of the property owner, if the owner registers the site with the city or its agent. The city may require the site to be part of a supervised program operated by the city or Eugene Code 4-82 8/2/2011 its agent. The property owner may not grant permission for more than three vehicles used for sleeping at any one time. (2) A property owner who allows a person or persons to sleep overnight on a property pursuant to subsections (1)(a), (1)(b) or (1)(c) of this section shall: (a) Provide or make available sanitary facilities; (b) Provide garbage disposal services as required by sections 6.050 and 6.055 of this code; (c) Provide a storage area for campers to store any personal items so the items are not visible from any public street; (d) Require a tent or camping shelter in a backyard to be not less than five feet away from any property line; and (e) Not require payment of any fee, rent or other monetary charge for overnight sleeping, as authorized by this section. (3) A property owner who permits overnight sleeping pursuant to subsection (1) and (2) of this section, may revoke that permission at any time and for any reason. Any person who receives permission to sleep on that property as provided in this section shall leave the property immediately after permission has been revoked. (4) Notwithstanding any other provision of this section, the city manager or the manager’s designee may: (a) Prohibit overnight sleeping on a property if the city finds that such an activity on that property is incompatible with the uses of adjacent properties or constitutes a nuisance or other threat to the public welfare; or (b) Revoke permission for a person to sleep overnight on city-owned property if the city finds that the person has violated any applicable law, ordinance, rule, guideline or agreement, or that the activity is incompatible with the use of the property or adjacent properties. (5) The city manager or the manager’s designee may impose administrative civil penalties on property owners who fail to comply with the requirements of subsections (1) and (2) of this section, as provided in section 2.018 of this code. (6) In addition to any other penalties that may be imposed, any campsite used for overnight sleeping in a manner not authorized by this section or other provisions of this code shall constitute a nuisance and may be abated as such. As used in this section, “campsite” has the meaning given in section 4.815 of this code. (7) The city manager may adopt administrative rules in the manner provided in section 2.019 of this code to implement this section. (8) With authorization from the city manager or designee in connection with a specific special event, persons may sleep overnight on public property which has a community center, swimming pool, or other city- operated athletic facility located thereon at which the special event is Eugene Code 4-83 8/2/2011 being held. The authorization shall be limited to no more than eight days in any two-week period. (9) Nothing in section 4.815 or 4.816 of this code creates any duty on the part of the city or its agents to ensure the protection of persons or property with regard to permitted overnight sleeping. (Section 4.816 added by Ordinance No. 20130, enacted August 5, 1998; and amended by Ordinance No. 20255, enacted June 10, 2002, effective July 10, 2002.) 4.820 Petty Larceny. (Section 4.820 amended by Ordinance No. 19500, enacted September 28, 1987; administratively amended by Ordinance No. 20113, enacted April 6, 1998, effective May 6, 1998; and amended by Ordinance No. 20161, enacted July 26, 1999, effective August 26, 1999; and repealed by Ordinance No. 20446, enacted December 14, 2009, effective January 1, 2010.) 4.822 Theft. (1)Theft in the Third Degree. A person commits the crime of theft in the third degree if the total value of the property in a single or an aggregate transaction is less than $100, and the person, by means other than extortion, with the intent to deprive another of property or to appropriate property to the person or a third person: (a) Takes, appropriates, obtains or withholds such property from an owner thereof; or (b) Comes into control of property of another that the person knows or has good reason to know to have been lost, mislaid or delivered under a mistake as to the nature or amount of the property or the identity of the recipient, and with the intent to deprive the owner thereof fails to take reasonable measures to restore the property to the owner; or (c) Obtains property of another, and with the intent to defraud: 1. Creates or confirms another’s false impression of law, value, intention or other state of mind which the actor does not believe to be true; or 2. Fails to correct a false impression which the person previously created or confirmed; or 3. Prevents another from acquiring information pertinent to the disposition of the property involved; or 4. Sells or otherwise transfers or encumbers property, failing to disclose a lien, adverse claim or other legal impediment to the enjoyment of the property, whether such impediment is or is not valid, or is or is not a matter of official record; or 5. Promises performance which the person does not intend to perform or knows will not be performed. (d) Receives, retains, conceals or disposes of property of another knowing or having good reason to know that the property was the subject of theft. For purposes of this subsection, “receiving” LIVING IN VEHICLES SECOND COMMUNITY FORUM JUNE 26, 2012 COMMENT CARDS AND NOTES 1 QUESTIONS Q: Is Palo Alto the only City that does not have a similar ordinance in Santa Clara County? A: It is the City’s understanding that Palo Alto is the only City along the Peninsula that does not have such an ordinance. Q: Has anyone challenged these ordinances? If so, what has been the result? Has there been grass root opposition? A: Don Larkin is not aware of any. It is unknown if there has been grass root opposition on these other ordinances. Q: What is the Status Quo? A: No ordinance prohibiting living in vehicles. The primary regulation is the 72 hours or more parking limit. The second are general violations such as urinating in public or other nuisances. Q: How many complaints have been received in the last year? A: It is difficult to provide a specific number. The Police Department does not keep statistics separately and they do not track whether they are unhoused. Q: How did City staff reach out to the Faith Based Community? Why does the program only identify “places of worship” A: Rick Toker provided a contact list for the 42 various congregations. City property was not considered due to the cost associated with maintenance and monitoring. COMMENT CARDS I would like to make a brief statement outlining my most important reasons for opposing the vehicle dwelling ban portions of the proposed City Ordinance- I’ve been living in my vehicle for the past 2 years. I’m 64 years old and on the waitlist for senior housing. I’m against the ordinance because it will not solve the problem but would aggravate the situation worse. Vehicle dwelling; the problems of poverty and job loss I wanted to share recent experience learning about other community’s obstacles in enforcing such an ordinance. I also wanted to express Downtown Streets Team’s willingness to help out. Having lived in Palo Alto since 1960, I know it to be a caring community which does not want to criminalize good people. Many years of experience working as an RN. Concerned about the health of those living in vehicles and how it could decline further if forced to the streets. Also remember many living in vehicles are employed and can’t afford the high rents in the area. With large layoff like the ones at HP’s many people who have homes today could find themselves living in their vehicles. I do not want vehicle habitation to become a crime. Why? My outreach experience with the unhoused. LIVING IN VEHICLES SECOND COMMUNITY FORUM JUNE 26, 2012 COMMENT CARDS AND NOTES 2 Legal view 1) How many complaints; 2) Church vs. public lots; 3) ; 4)personal experience Newspaper article on motor home example in Palo Alto Living in vehicles is not a problem it is the result of a lack of housing. Why 1st Presbyterian Church of Palo Alto said yes the Pilot Program Seems to be enough support here. Each person who supports vehicle residents to take them home to their driveway and use their bathrooms. ADDITIONAL COMMENTS  A suggestion was made that if churches are going to participate in such a program then they should outline a plan of how to approach their neighbors before making a commitment.  When First Presbyterian Church started their Wednesday meal program there was a firestorm.  Having a program that can be controlled will give people a sense of security and wellbeing.  In land use controversy “one side out organizes the other.” Willing to participate in outreaching. Suggestion that the community does everything and pulls together. Staff can’t be expected to do the outreach as it would not be fair to staff.  The pilot program discussed was not a consensus of the Working Group. City of Palo Alto (ID # 2211) Policy and Services Committee Staff Report Report Type: Meeting Date: 11/15/2011 November 15, 2011 Page 1 of 3 (ID # 2211) Summary Title: Habitation of Vehicles Ordinance Title: Status of Habitation in Vehicles Ordinance/Programs From: City Manager Lead Department: Planning and Community Environment Recommendation This is an informational report to provide a status on the Human Habitation in Vehicles Ordinance and related programs. No action is required. Staff will return with specific proposals following further community outreach. Background Over the past several years there have been a number of incidents reported by residents and business owners related to alleged disturbances by persons living in vehicles in or near residential neighborhoods and commercial districts. Specific incidents have sometimes been troublesome for residents and businesses, in some cases including public urination, trespassing, belligerent behavior, or other actions that are perceived as threats to safety or health. The Police Department does not track these complaints, so there is not an accurate measure of the number and frequency of calls, but Police estimate that there are about 20 vehicle dwellers who are scattered throughout the city. Accordingly to homeless advocates, however, there are probably about 100 vehicle dwellers in total, so for the most part such persons are peaceful, do not bother residents, and in some cases provide helpful services to the community. Some of the complaints, particularly in the College Terrace neighborhood, also relate to parking an excessive number of vehicles in the area. In July of 2011, a draft ordinance was prepared to address complaints received by residents and businesses. The draft ordinance would have prohibited human habitation of vehicles, with limited exceptions, and was modeled after similar ordinances in other cities located within Santa Clara County and San Mateo County. Currently, the City of Palo Alto appears to be the only city located in Santa Clara County that does not have an ordinance addressing this issue. The City’s current requirements do not limit sleeping or living in a vehicle, but do prohibit parking a vehicle in the same space for more than 72 hours. The vehicle dwellers of concern, however, are aware of the regulations and are able to move their vehicles to comply with the 72-hour limit. The Police Department therefore is only able to approach these cases as complaints arise and generally attempt to address the individual cases by contacting the vehicle dweller and, if they are available at the time, referring them to local shelters and service November 15, 2011 Page 2 of 3 (ID # 2211) providers. In most cases, the vehicle dweller does not take advantage of those services, but sometimes they are persuaded to move and then relocate to another neighborhood. Staff scheduled consideration of the draft ordinance for Council review on July 25, 2011. Homeless residents and advocates, however, voiced their opinions to the City Council before that date that an alternative solution be proposed and that additional community outreach be pursued. The City Manager then requested that the City Council remove the item from the July 25, 2011 meeting in order to allow additional community outreach, including discussions with the Community Cooperation Team (homeless advocates) before an ordinance or other approach is presented and a decision on the matter is rendered. The Council concurred and suggested that the matter should also be reviewed by the Policy and Services Committee in advance of full Council review. Discussion A working group has been established, comprised of various stakeholders in order to provide input to City Staff. The working group includes representation from the unhoused community, local social service providers, neighborhood residents, businesses, and the faith based community, as well as City staff (Planning, Police, City Attorney and Community Services departments). To date, a community forum and two working group meetings have taken place to obtain additional input and to discuss alternative solutions. Another working group meeting is scheduled for the morning of November 15th and a verbal report will be provided to the Committee that evening. Community Forum On September 15, 2011, the City in conjunction with the Community Cooperation Team held a “Living in Vehicles Community Forum” to invite public comment regarding individuals living in their vehicles and others affected by these activities. The goal of the meeting was to reach out to the community and discuss issues and approaches to address problems experienced by both persons living in vehicles and affected residents and businesses. Approximately sixty individuals participated in the forum. The meeting notes are appended to this update as Attachment “A”. A website has been established on the Community Services Department at: http://www.cityofpaloalto.org/depts/csd/news/details.asp?NewsID=1882&TargetID=271. Working Group On October 26, 2011, the expanded working group held a meeting to define and frame the issue and continue the conversation about plausible solutions and/or options. There was a general consensus that there were multiple issues at hand and clearly defining the problem was the first step. Specifically, a distinction was made between a) the parking and storage of multiple vehicles in or around certain commercial/residential areas and b) people living in their vehicles and parking within residential and/or commercial neighborhoods. Distinctions were also drawn to recognize that the majority of vehicle dwellers are not causing any problems, while there are valid safety, security and health concerns of neighbors and businesses that are affected by the minority of vehicle dwellers. November 15, 2011 Page 3 of 3 (ID # 2211) Members of the Community Cooperation Team have offered suggestions for an ordinance modeled after Eugene, Oregon’s Camping Ordinance. The ordinance would allow private businesses, places of worship, and government facilities to designate parking to accommodate either three medium vehicles or one large vehicle on the property. Providers of these parking spaces would govern their property and issue approval letters with corresponding dates and any required provisions. Concurrently, the City’s Community Service Officer would serve as a facilitator for those living in their vehicles by providing a list of approved parking lots and social service programs. The group will also discuss how parking regulations might be modified to address some of the specific parking-related issues. Other approaches, including something similar to the original draft ordinance, are also still to be discussed. The second expanded working group meeting is scheduled for November 15, 2011 to further review these options and discuss the potential implications of each. Next Steps Staff expects to conduct one more working group meeting, and then to present options at a community meeting in December or early January 2012. A final working group meeting would follow prior to staff’s presentation of a recommended program to the Policy and Services Committee in February. Attachments: •Attachment A: September 15, 2011 Community Forum Notes (PDF) •Public Doc (PDF) Prepared By: Curtis Williams, Director Department Head: Curtis Williams, Director City Manager Approval: James Keene, City Manager LI V I N G I N V E H I C L E S C O M M U N I T Y F O R U M SE P T E M B E R 1 5 , 2 0 1 1 CO M M E N T C A R D S & F L I P C H A R T N O T E S 1 CO M M E N T C A R D S C O M M E N T Ho w a b o u t t h e c h u r c h e s d o n a t e t h e i r p a r k i n g l o t s f o r o v e r n i g h t p a r k i n g f o r t h e h o m e l e s s v a n s ? I su g g e s t t h a t t h e v a n d w e l l e r s h a v e a p e r m i t a n d a r e r e g i s t e r e d w i t h t h e c i t y j u s t l i k e t h e ho m e o w n e r s a n d r e n t e r s . R i g h t n o w w e d o n o t k n o w w h o t h e s e p e o p l e a r e l i v i n g i n f r o n t o f o u r ho m e s o r d o w n t h e s t r e e t . So l u t i o n s s h o u l d b e p r o v i d e d t o a l l a f f e c t e d a r e a n o t j u s t R - 1 d i s t r i c t s . B u s i n e s s a n d m i x e d u s e d ne i g h b o r h o o d s a r e a l s o a f f e c t e d . Do n o t h i n g . E n f o r c e t h e e x i t i n g l a w s t o d e a l w i t h t h o s e w h o a r e h a r a s s i n g p e o p l e a n d v i o l a t i n g t h e la w s . P e o p l e h a v e s a m e r i g h t t o o w n a v e h i c l e a n d u s e t h e p u b l i c s t r e e t s . T o d e n y o n l y p o o r pe o p l e t h e r i g h t t o o w n a v e h i c l e a n d u s e t h e p u b l i c s t r e e t w h i l e a l l o w i n g w e a l t h y p e o p l e i s un c o n s t i t u t i o n a l . I w a n t t o b e a m e m b e r o f t h e t a s k f o r c e . Ho w m a n y p e o p l e a r e t h e r e s l e e p i n g i n v e h i c l e s i n P a l o A l t o ? H o w m a n y a r e c a u s i n g c o n c e r n s ? Wh e a t c a n b e d o n e w h e n s o m e o n e d o e s c a u s e p r o b l e m s ? R u m o r - v a n s b e i n g r e n t e d b y “ v a n gu y s ” ? F u t u r e m e e t i n g s s h o u l d b e a t c i t y f a c i l i t i e s . P a r k i n g a r e a s s h o u l d b e d i s p e r s e d a r o u n d t h e ci t y . So l u t i o n : C o r p o r a t e s p o n s o r s h i p o f i n d i v i d u a l s a n d o f p r o g r a m s . Co m p a s s i o n i s v e r y i m p o r t a n t . I s t h e r e a n y w a y t h a t P a l o A l t o P D c o u l d s t e p u p e n f o r c e m e n t o n a ca s e b y c a s e b a s i s ? I f e e l f o r t h e m o t h e r w h o i s c o n c e r n e d a b o u t h e r c h i l d r e n . W h a t a b o u t cr e a t i n g s p e c i f i c “ s a f e t y z o n e s ? ” I n d u s t r i a l a r e a s w h e r e h o m e l e s s i n v e h i c l e s c a n b e d i r e c t e d ra t h e r t h a n r e s i d e n t i a l . Li k e d t h e i d e a o f B a y l a n d s / d e s i g n a t e d a r e a s , c i t y s u p p o r t e d a n d / o r l i m i t e d n u m b e r i n d e s i g n a t e d pl a c e s . Se p a r a t e t h e p r o b l e m . D e a l w i t h e a c h a l o n e . F i r s t , s l e e p i n g i n c a r s ; s e c o n d , d e a l w i t h p e r s o n s wh o e x h i b i t c r i m i n a l b e h a v i o r ; t h i r d w h e r e t o p a r k . O n c e t h a t i s d o n e , b r i n g t h e s e t h r e e t o g e t h e r an d r e s o l v e d i f f e r e n c e s i f n e e d e d . Pr o b l e m i s g e t t i n g e v e n w o r s e w i t h t h e e c o n o m i c d o w n t u r n a n d t h e a g i n g “ b a b y b o o m e r s ” . L o o k in t o n e a r b y m o d e l s - S a n M a t e o C o u n t y M e n t a l H e a l t h ; e n g a g e c o r p o r a t e m o d e l s f o r f u n d i n g ; u s e th e r e s o u r c e s t o e x t e n d w h a t w e h a v e ; H . I . P . H o u s i n g - a p r o g r a m i n S a n M a t e o t o h o u s e h o m e l e s s pe o p l e . LI V I N G I N V E H I C L E S C O M M U N I T Y F O R U M SE P T E M B E R 1 5 , 2 0 1 1 CO M M E N T C A R D S & F L I P C H A R T N O T E S 2 C O M M E N T I w a s t h r o w n o u t o f m y h o u s e a s a t e e n a g e r . H o m e l e s s a n d a f r a i d . I w o u l d n o t w a n t t o s e e o t h e r te e n a g e r s i n t h a t s i t u a t i o n . Pr e s c h o o l F a m i l y , a c r o s s f r o m C u b b e r l e y a t t h e G r e e n d e l l s i t e . S e v e r a l c a r - d w e l l e r s a r e c u r r e n t l y li v i n g r i g h t b e h i n d m y c l a s s r o o m w i t h o u t c a u s i n g a n y t r o u b l e r e c e n t l y . I n t h e p a s t , w e h a v e h a d ho m e l e s s p e o p l e s l e e p i n g o n p l a y s t r u c t u r e s , l e a v i n g t r a s h , u r i n a t i n g a n d d e f e c a t i n g i n c l a s s r o o m do o r w a y s . P a r e n t s a r e c o n c e r n e d a b o u t s a f e t y f o r t h e i r c h i l d r e n a n d t h e m s e l v e s , s i n c e t h e y c o m e to a t n i g h t . I m p r o v e d l i g h t i n g i n t h e p a r k i n g l o t a r o u n d t h e f r i e n d s o f t h e L i b r a r y p o r t a b l e w o u l d b e a g o o d t h i n g . A s a p r i v a t e i n d i v i d u a l , I t h i n k t h e i d e a o f s e v e r a l l o c a t i o n s f o r s m a l l n u m b e r s o f ve h i c l e s w h e r e d w e l l e r s h a v e a c c e s s t o w a t e r a n d t o i l e t s a n d w h e r e s o c i a l s e r v i c e s / h o m e l e s s ou t r e a c h o r g a n i z a t i o n s w o u l d v i s i t o r a r e g u l a r b a s i s i s g o o d . I t s h o u l d a l s o b e p o s s i b l e t o e n f o r c e la w s a b o u t h a r a s s m e n t a g a i n s t a n y b o d y w h o a r e i n a t h r e a t e n i n g w a y t o c h i l d r e n o r o t h e r p e o p l e in t h e c o m m u n i t y . An i s s u e t h a t w a s n o t d i s c u s s e d i s t h a t o f s a n i t a t i o n / h y g i e n e . T h e c i t y n e e d s t o p r o v i d e t o i l e t s , wa t e r , s h o w e r s , e t c . f o r t h e c a r d w e l l e r s . W h y i s t h e P . D . u n a b l e t o e n f o r c e t h e 7 2 - h o u r r u l e w i t h th e p e r s o n w h o o w n s t h e f l e e t o f v a n s , t h a t p a r k o n S t a u n t o n , O x f o r d a n d C a m b r i d g e i n C o l l e g e Te r r a c e ? Th e C i t y o f P a l o A l t o s h o u l d p r o v i d e s a f e p a r k i n g , t o i l e t s a n d s h o w e r s f o r v e h i c l e d w e l l e r s . A d d a sm a l l t a x o r s o l i c i t s u b s c r i p t i o n f r o m r e s i d e n t s . M a n y w o u l d b e h a p p y t o d o n a t e . I’ m h o m e l e s s a n d l i v e i n m y c a r . S a f e t y . Pr a y i n g f o r i n d i v i d u a l s t o o p e n t h e i r h o m e s . Im p a c t o f v a n s t o r a g e o n n e i g h b o r h o o d – h e a l t h a n d s a f e t y i s s u e s c a u s i n g a t l e a s t o n e f a m i l y t o mo v e o u t . On e p e r s o n w i t h 1 2 v a n s s t a r t e d t h i s p r o b l e m . D o n ’ t p u n i s h t h e r e s t o f u s . I ’ v e l i v e d i n a n ap a r t m e n t 3 0 y e a r s - w e n t h o m e l e s s l a s t y e a r . Li v i n g o u t s i d e a n d i d e a s o n a c c o m m o d a t i n g t h o s e w i t h v e h i c l e s . Op p o r t u n i t y C e n t e r o r i g i n s . I w o u l d l i k e t h e s t a f f s , t h e c i t y c o u n c i l t o b e c o m p a s s i o n a t e t o t h e p l i g h t o f t h e h o m e l e s s a s w e a r e ma k i n g e f f o r t t o w o r k o n a n a l t e r n a t i v e t h a t w o r k o u t f o r e v e r y b o d y . LI V I N G I N V E H I C L E S C O M M U N I T Y F O R U M SE P T E M B E R 1 5 , 2 0 1 1 CO M M E N T C A R D S & F L I P C H A R T N O T E S 3 C O M M E N T If a p e r s o n l i v i n g i n a v e h i c l e n e a r y o u r r e s i d e n c e b e g a n t o r e n t a r o o m o u t o f t h e h o u s e n e x t d o o r an d t h e i r v e h i c l e r e m a i n e d o n t h e s t r e e t , h o w w o u l d t h a t c h a n g e y o u r p e r c e p t i o n o f t h a t p e r s o n an d w h y ? Pa r k i n g d u r i n g d a y - s p r a w l d o w n t o w n . S l i p p e r y s l o p e o f w h a t i s o b j e c t i o n a b l e . I w o u l d l i k e t o s p e a k a s a p e r s o n w h o d w e l l s i n a v e h i c l e . Am a t e a c h e r a n d r e s i d e n t i n P a l o A l t o . H a v e a m e n t a l l y i l l a d u l t s o n w h o i s h o m e l e s s . P a l o A l t o is p a r t o f t h e g i a n t S a n t a C l a r a C o u n t y a n d m o s t s e r v i c e s a r e i n s o u t h c o u n t y . C o u l d t h e r e b e pr o c e s s w h e r e w e m o d e l a s u p p o r t n e t w o r k l i k e S a n M a t e o . P a l o A l t o ’ s c r i m i n a l i z i n g p o v e r t y wi t h o u t t h e s u p p o r t s e r v i c e s n e e d e d i s c r i m i n a l . Wo w . I g u e s s I w o u l d l i k e t o s a y I f e e l v e r y s t r o n g l y a b o u t a t t e m p t s t o m a k e e v e r y s q u a r e i n c h t h e pr o p e r t y o f o n l y t h o s e w h o o w n o r h a v e a n i n t e r e s t i n r e a l p r o p e r t y . I t ’ s i n h u m a n e . I a m a n at t o r n e y a n d a n e n t r e p r e n e u r a n d I w i l l a l l o w p e o p l e t o p a r k o n t h e s t r e e t b y m y h o u s e . Wi l l w e m a k e i t o v e r t h e m o u n t a i n ? 2 m i n u t e s , f o r s t u d e n t s a b o u t r e s e a r c h p r o j e c t s ( i n l a w , p u b l i c h e a l t h , t e c h n o l o g y a n d s o c i a l en t r e p r e n e u r s h i p ) . I c r i e d b e c a u s e I h a d n o s h o e s , t i l l I s a w a m a n w i t h n o f e e t . In o r d e r t o s a v e m o n e y f o r 1 st a n d l a s t m o n t h r e n t : 1 9 7 3 – S e v e n w e e k s s l e e p i n g i n V o l k s w a g e n Sq u a r e b a c k w i t h m y f a m i l y - 3 c h i l d r e n i n S a n M a t e o . 1 9 7 5 - O n e m o n t h s l e e p i n g w i t h m y f a m i l y - 3 ch i l d r e n a n d t w o d o g s ( i n b e t w e e n h o u s e r e n t a l s ) ; 1 9 7 9 – W i n t e r - 2 3 d a y s i n v a n w i t h 3 c h i l d r e n an d t w o d o g s ( i n b e t w e e n h o u s e r e n t a l s ) . I d o n o t w a n t a l a w t h a t p r e v e n t s f o l k s f r o m s l e e p i n g i n th e i r v e h i c l e . My c h i l d r e n ’ s e x p e r i e n c e w i t h v a n s a n d c a r s o n o u r s t r e e t . Br o w n v a n e x p e r i e n c e w i t h k i d s . Co n c e r n f o r c o m m u n i t y , h o u s e d a n d h o m e l e s s . W o r k i n g t o g e t h e r t o b e o f s e r v i c e t o e a c h o t h e r . Wa n t t o k n o w - w h a t o r d i n a n c e s c u r r e n t l y e x i s t t h a t c o v e r t h i s i s s u e ? H o w m a n y “ c a r d w e l l e r s ” a r e we t a l k i n g a b o u t ? W h o h a s c o u n t e d t h e m ? LI V I N G I N V E H I C L E S C O M M U N I T Y F O R U M SE P T E M B E R 1 5 , 2 0 1 1 CO M M E N T C A R D S & F L I P C H A R T N O T E S 4 C O M M E N T I w o u l d l i k e t o s e e t h i s a s a s o c i a l s e r v i c e s i s s u e i n s t e a d o f c i v i l . B u t t h e h o m e o w n e r s d o n e e d so m e r e c o u r s e t o p e r s o n s “ b e h a v i n g b a d l y ” . I h a v e i n v e s t i g a t e d s e v e r a l c i t i e s w h o h a v e a l l o w e d 2- 3 v e h i c l e s p e r l o t a n d i n e a c h c a s e t h e p o l i c e r e f e r t o a s o c i a l s e r v i c e c e n t e r s o m e a r e c i t y r u n , on e i s f a i t h b a s e d . T h i s p r o g r a m h a s s a v e d t h e C i t y o f E u g e n e , O r e g o n a p p r o x i m a t e l y $ 2 1 0 k . Th e y u s e d t o u s e u p c o u r t t i m e , t o w i n g s e r v i c e s , e t c . T h i s i s a p o s s i b i l i t y f o r p r o g r e s s i v e P a l o A l t o an d p e r h a p s t h e O p p o r t u n i t y C e n t e r c o u l d b e t h e a d m i n i s t r a t o r o f s u c h a p l a n . Eu g e n e O r e g o n h a s a p r o g r a m i n w h i c h c h u r c h e s , b u s i n e s s e s , g o v e r n m e n t o r g a n i z a t i o n s a n d ot h e r o r g a n i z a t i o n s a l l o w p r e - a p p r o v e d p e o p l e t o p a r k i n t h e i r l o t s o v e r n i g h t . I w o u l d l i k e P a l o A l t o to c o n s i d e r a s i m i l a r p r o g r a m r a t h e r t h a n a b a n . I b e l i e v e w e c a n f i n d g o o d a l t e r n a t i v e s t o a n o r d i n a n c e . S u g g e s t i o n s : I t i s i m p o r t a n t t o g e t a n ac c u r a t e c o u n t o f t h e v e h i c l e s i n v o l v e d . D e a l w i t h t h e “ v a n ” g u y - t h e r e m u s t b e a n o r d i n a n c e t h a t co v e r s h i m . D o n o t c r i m i n a l i z e h o m e l e s s n e s s - c r i m i n a l i z e s l e e p i n g i n c a r s i n r e s i d e n t i a l ne i g h b o r h o o d s . G e t h e l p f o r c o m m u n i t y s e r v i c e o f f i c e r . H a v e s e p a r a t e b r a i n s t o r m i n g m e e t i n g . FL I P C H A R T Ca s e M a n a g e m e n t O u t r e a c h - A n y p e r s o n c a n b e c o m e u n - h o u s e d , w e a r e a l r e a d y d o i n g i n n o v a t i v e t h i n g s , w e c a n f i n d so l u t i o n s ; P a l o A l t o h a d b a n o n o v e r n i g h t p a r k i n g ; p e r s o n i n c a r i s s o l u t i o n ; n e i g h b o r h o o d s r e l i e v e d i f e q u i p p e d a r e a . We a r e a l l c o m p a s s i o n a t e . C u b b e r l e y f a c i l i t i e s o p e n w i t h o u t c o m m u n i c a t i o n w i t h G r e e n M e a d o w s ; s u r g e o f p e o p l e . Ch i l d r e n f e e l u n s a f e a r o u n d l a r g e n u m b e r s . Is P a l o A l t o a m a g n e t ? M a n y p e o p l e s t i l l l i v e i n o t h e r a r e a s . M a n y p e o p l e h a v e c o m m u n i t y t i e s , m a k e c o n t r i b u t i o n s . P a l o Al t o a s r o l e m o d e l . T h e r e i s a 7 2 h o u r p a r k i n g l i m i t a n d p e r m i t p r o g r a m i n C T . Be i n g h o m e l e s s i s n o t a c r i m e . I n d i v i d u a l s s h a r i n g s p a c e w i t h h o m e l e s s . H u m a n i t a r i a n , w e a r e b l e s s e d . S e e u s a l l h e l p ea c h o t h e r , s h a r e . D a l a i L a m a . S t a t u s q u o i s u n a c c e p t a b l e . P r o b l e m i s c o n c e n t r a t e d . V e r b a l a s s a u l t o f c h i l d r e n f r o m on e i n d i v i d u a l . P o l i c e c a n n o t r e s p o n d w i t h c u r r e n t l a w s . Sh u t d o w n m a g n e t s , s a y t o g o t o o t h e r s e r v i c e s . S i t u a t i o n s w h i c h a r e a l r e a d y e n f o r c e a b l e . P a r k i n g l i m i t s . I d e n t i f y i n g pe o p l e ’ s i n d i v i d u a l n e e d s , i n c l u d i n g m e n t a l h e a l t h . I t h a s w o r k e d w i t h c i t y a n d f i r e d e p a r t m e n t t o a d d r e s s p a n h a n d l i n g , en c o u r a g e p e o p l e t o j o i n t e a m . P e e r t o p e e r o u t r e a c h i n p a r k i n g l o t s . Ne e d t o w a i t 4 8 h o u r s . P e o p l e c a n m o v e . C h i l d r e n h a v e t o c h a n g e r o u t e s , f e e l u n s a f e . S o m e t h i n g n e e d s t o c h a n g e . Ex p e r i e n c e L G i n s o m e n e i g h b o r h o o d s . D o n ’ t w a n t P a l o A l t o t o m a k e i t i l l e g a l t o l i v e i n c a r . P e o p l e h a v e d i f f e r e n t re a s o n s . O t h e r s w h o a r e h o u s e d c a n c a u s e s a m e i n c i d e n t s . LI V I N G I N V E H I C L E S C O M M U N I T Y F O R U M SE P T E M B E R 1 5 , 2 0 1 1 CO M M E N T C A R D S & F L I P C H A R T N O T E S 5 Do n ’ t n e e d t o p u t m o r e i n j a i l , d o n e e d t o s o l v e p r o b l e m . T r a g e d y o f t h e c o m m o n s . S l e e p o n t a r p r a t h e r t h a n c a r ? W e ca n d o b e t t e r . W r o n g t o p u n i s h o t h e r s f o r l i v i n g i n v e h i c l e s . R e s p o n d t o i n c i d e n t s , n o t c o n d e m n g r o u p o f p e o p l e . B l a c k ho l e s o u t o f r e a c h . Ad d r e s s s p e c i f i c p r o b l e m r a t h e r t h a n c r i m i n a l i z e a l l . S t o r e d v e h i c l e i s s u e , n o t p e o p l e . H a s b e e n g o i n g o n f o r t e n y e a r s i n Co l l e g e T e r r a c e . S t r e n g t h e n i n g 7 2 h o u r l i m i t . 2 0 0 8 : M a n y m o r e p e o p l e i l l e g a l b e h a v i o r s . O n l y o n e p e r s o n w h o w o r k s wi t h a b a n d o n e d v e h i c l e s . So c i a l s e r v i c e n o t c i v i l i s s u e . L o o k i n t o p r o g r a m s o t h e r c i t y d o e s . C i t y l o t s / c h u r c h l o t s w i t h r u l e s / g u i d e l i n e s b u t w i t h co m p a s s i o n . P a r t o f C C T - E u g e n e , O R p r o g r a m f o r c a r d w e l l e r s . A s k p a r k i n g i n f o - 1 l a w n e e d t o m o v e v e h i c l e e v e r y 7 2 ho u r s - s o m e a r e a s h a v e p e r m i t s . 20 - 2 5 i n P A h a v e c o n t a c t w i t h o n a r e g u l a r b a s i s . C i t y h a s C S o f f i c e r t h a t r e s p o n d s t o t h a t i s s u e . N e i g h b o r - A d d i s o n - ho m e o w n e r . S a f e t y i s s u e a f f e c t s f a m i l y - v a n o n b l o c k - v e r b a l l y a s s a u l t e d k i d s . A c c e s s t o r e s t r o o m , c h i l d r e n o b s e r v e d pu b l i c u r i n a t i o n . C o n c e r n f o r t h e i r s a f e t y . L i v e i n C T l o n g t i m e - l i k e s p a r k i n g p e r m i t , b u t d o e s n o t e x t e n d t o c o m m e r c i a l ar e a – i n d i v i d u a l w i t h 1 2 v a n s . C N z o n e i n p a r k i n g z o n e . Gi v e p o l i c e t o o l s t o d e a l w i t h C T i s s u e . N e i g h b o r - A d d i s o n - a l s o h a v e k i d s w h o a r e a f r a i d o n m a n i n v e h i c l e . M a n m o v e s ve h i c l e a r o u n d e v e r y 7 2 h o u r s . H a s c o m p a s s i o n . N e e d s t o g i v e p o l i c e “ t o o l s ” t o d e a l w i t h i s s u e . B a r r o n P a r k - Un d e r s t a n d s p r o b l e m w i t h p e r s o n w i t h 1 2 c a r s , b u t i s w i l l i n g t o l e t p e r s o n i n f r o n t o f h i s h o u s e . St a n f o r d c h a r t e r h a s l o o k e d i n t o h o m e l e s s i s s u e s f o r 1 0 y e a r s f o r p r o j e c t s t h a t w o r k o n i s s u e . N o r m - l i v i n g o u t s i d e p u t s he a l t h a t r i s k . I f p a r k i n g p r o b l e m f i x t h a t . L o o k a t M i l p i t a s o r d i n a n c e c o n s i d e r u s i n g s o m e c i t y p a r k i n g g a r a g e s . Pa l o A l t o i s a c o m m u n i t y t h a t c a r e s . F a i t h b a s e d g r o u p h a v e c a r e d . T h e r e a r e g o o d a n d b a d c i t i z e n s . N e e d t o c o m e u p wi t h s o l u t i o n t h a t i s p o s i t i v e . Ha s l i v e d i n c a r . N e v e r b r o k e n l a w . B o t h e r s o t h e r s . N o t c l e a n i f p a r k i n g o r b e h a v i o r i s s u e . I f o r d i n a n c e p a s s e s , m a y b e fa c e d t o l i v e o n s t r e e t s . P u n i s h p e o p l e w h o c a s e p r o b l e m s . B u t l e a v e o t h e r s a l o n e . C a r d w e l l e r - h e d o e s n o t c a u s e pr o b l e m s . D e a l w i t h p e o p l e c a u s i n g p r o b l e m s . S o n - h o m e l e s s - m e n t a l l y i l l . L i v i n g i n v e h i c l e . P a l o A l t o s e r v i c e s n o t w r a p ar o u n d . R e d w o o d C i t y h a s r a p i d r e - h o u s i n g . N e e d t o c o m e u p w i t h s o l u t i o n s . N o t p o l i c e b a s e d . Wo r k i n g w i t h C C T - h a r d t o t e l l h o u s e d a n d u n - h o u s e d . L i v e s i n C T - s u g g e s t i o n t o d e a l w i t h i s s u e i n C N Z o n e - w a s t a r g e t e d by r o c k i n w i n d o w . T h e y k n o w w h y I l i v e n o t v i s a v e r s a . S o l u t i o n s h o u l d i n v o l v e a l l l o c a l c i t i e s . P e r m i t p a r k i n g - m o r e ar e a s . St r e e t o u t r e a c h f r o m S t a n f o r d . C o m m u n i t y c a n c o m e u p w i t h s o l u t i o n s . T h i n k a b o u t v a l u e s t h a t c i t y h o l d s a n d u p h o l d f o r al l c i t i z e n s . O r e g o n p r o g r a m . P&S 1 11-15-11 POLICY AND SERVICES COMMITTEE Special Meeting November 15, 2011 Roll Call Chairperson Price called the meeting to order at 7:08 p.m. in the Council Chambers, 250 Hamilton Avenue, Palo Alto, California. Present: Burt (arrived 7:15 pm), Holman, Klein, Price (Chair) Absent: Oral Communications Aram James spoke regarding the resolution of social issues plaguing the community. Erick Deizel spoke regarding work with the elderly and how they were affected by loss of income. AGENDA ITEMS 1. Status of Habitation in Vehicles Ordinance/Programs Curtis Williams, Director of Planning and Community Environment gave an update on the status of the vehicle habitation issues. He noted there was no proposal presented because Staff was not asking for action to be taken. They were asking for the Policy & Services Committee input on the progress to date. Staff worked closely with the Community Cooperation Team, a group of homeless advocates. Together they formed working groups to discuss community concerns. Community forums were held where experiences and alternatives were discussed. Among the ideas shared was an Ordinance similar to one the State of Oregon implemented which allowed Churches, commercial P&S 2 11-15-11 properties, and the City to provide areas for refuge. There would be certain limitations on the number of vehicles on the site, vehicle registration, and time limits. Participants also discussed a set of regulations for parking permits or restricted time limits in commercial areas. Also discussed was an Ordinance that would provide assistance to the Police Department in the event further activity was needed. He noted there had been a positive approach to the concerns throughout the community. They were working together to provide an alternative to criminalizing those who were not causing negative incident. More meetings were planned with the intent to offer proposal to the City Council in February 2012. Council Member Holman asked if the proposal included a mechanism to deal with persons who park multiple vehicles in residential neighborhoods. Mr. Williams stated it would depend on the type and height of vehicle, and whether there was a permit parking program in the area. He noted it would be more difficult to limit parking in a non-permitted residential zone. Council Member Holman asked if there was any way to characterize the general situation that caused people to live in their vehicles. Mr. Williams stated it would be difficult to generalize. There were scenarios where living in the vehicle was a more secure environment than being exposed to other outdoor hazards. There were situations where there were mental ailments or times when their vehicle was their only possession. Council Member Holman asked if there was any thought that the Community Cooperation Team would continue. She cited the Downtown Streets Team as an example. They provided a network and a structure for people to belong to. The people needing the service became a part of the community. Mr. Williams stated the Community Cooperation Team had come together in a unique way and the anticipation was they would remain in tact since this was a long term issue. He noted the process currently being addressed was not the wide range of issues he believed they would like to address in the future. Council Member Holman asked if the Human Relations Commission (HRC) was involved. Mr. Williams stated no, Minka Van der Zwaag from the Community Services Department had attended the meetings, was aware of the situation and the movement. P&S 3 11-15-11 Council Member Holman asked if there was an understanding that most people that inhabited their vehicles did not cause a problem but there was none-the-less safety factor that some people expressed. Mr. Williams stated that was understood by most of the community but there was a concern over how many incidents would be needed before an Ordinance was drafted for the safety and well-being of the community. Council Member Burt stated he was surprised the HRC had not been formerly brought into the program. The purpose of the HRC was to advise the Council and their realm was Human Relations. He asked for more specifics on the Eugene program. Mr. Williams said the Community Development Block Grant (CDBG) Coordinator had been researching the Eugene Program and the Santa Barbara County program as well. He noted the research found both programs had been successful but neither was able to fully meet housing needs in the available facilities. His understanding was there was a waiting list but he was uncertain where people went while on the waiting list. Council Member Burt asked about the participant’s perception of the programs. He also wanted to know what had happened to those who were placed on a waiting list. Mr. Williams stated he was uncertain at the time but Staff would look into the deeper issues during the next phase. He mentioned there had been discussion at the HRC meeting on whether the matter should go to the full Council. The HRC decided the Policy & Services Committee needed to be involved first. Chair Price asked if there was expressed interest from property owners, faith based groups, or commercial property owners to be involved in this type of program. Mr. Williams stated the intent to involve faith organizations in the next meeting. The subject had not been formally discussed with commercial entities. There would need to be facilities for bathrooms, a clean-up area, and room for the vehicles, which could not be accommodated in the downtown area. Chair Price asked if Staff had talked with service providers or networks of individuals who were currently providing services in the Eugene Program. P&S 4 11-15-11 Mr. Williams said there would be more detailed discussions with the service providers to see if there were more examples of other places they may be aware of. The Eugene Program was City based so Staff had focused their discussions with the City Staff. Council Member Klein asked if Staff had coordinated with other cities in Santa Clara and San Mateo counties to learn from their experiences. Mr. Williams stated the Police Department had discussions with surrounding cities and even though there were Ordinances in motion they were informed there were people living in their vehicles. If there were no issues being caused city officials did not act on the Ordinance. He noted members of the Community Cooperation Team had positive responses when speaking with faith based communities in Mountain View about their interest in participating in the program if it were to move forward. Council Member Klein asked if neighboring cities were receiving complaints similar to those in Palo Alto with respect to the vehicle dwellers. Mr. Williams said he was not familiar with any such complaints. Council Member Klein asked if there was evidence of Palo Alto attracting vehicle dwellers because of the Ordinances in the other 14 cities within Santa Clara County. Mr. Williams stated there was no evidence but the Police had come across a few persons who were from elsewhere. Rick Tocker spoke regarding his discussions with the faith community, where a number of churches had expressed interest in getting involved if the City accepted a Eugene type plan. Saint George said the main issue appeared to be poverty and Palo Alto was an affluent community and was not versed in handling such circumstances. The situation was ongoing and she felt it was a regional issue. Chuck Degota said the word homeless was not accurately used, they had homes but they were mobile. The solution was engagement by instituting a program such as the City of Eugene who saved $200,000 in staff time and expenses by no longer needing to respond to complaints. He noted the situations some were in were not decided lightly but mandated by their state of affairs. P&S 5 11-15-11 Aram James spoke regarding the Policy & Services Committee members’ involvement in the community working groups. Some had attended meetings and were involved while those who had not were invited to do so. He felt the arrests and ticketing of people staying in their vehicles would cause judicial costs to rise. Bruce Kenyon read from an article he wrote. There was no stepladder to assist people to get back on their feet and become a productive part of society. The current system was broken and there needed to be a replacement program put into place. Herb Borock said when the issue was raised there was a draft Ordinance already written. He felt the HRC should be involved and advise the Policy & Services Committee prior to the Committee recommending policy to the full Council. Chris Sacre spoke regarding the proposed Ordinance and the working group. The vehicle habitation issue should not be treated as a criminal issue but rather a social issue. The group had been actively reaching out to the community to come up with a long term solution for those affected. Erick Deisel said to pass an Ordinance that removed a person’s vehicle when that vehicle was their home would prevent them from re-involving themselves back into society. He asked if there was a list of problems related to people residing in the vehicles. Mr. Williams gave a brief list of issues associated with safety, security, sanitation, and health complaints believed to be connected with some vehicle dwellers. Fred Smith spoke regarding the difficulties of getting back into the work force and how living in his vehicle was a detriment to the community. He requested the Policy & Services Committee pass regulations that did not hurt those who were already injured socially. Tina Lovercheck recalled the sit-lie Ordinance discussion in consideration with the HRC who did not support the passing of the Ordinance because there was no documentation to support the need. She felt the vehicle habitation was a similar situation and that the HRC needed to be involved. Council Member Burt asked how much engagement had taken place with businesses regarding use of their sites. In the Eugene Program there were instances when the vehicle dweller and the commercial site forged a relationship P&S 6 11-15-11 where the vehicle dweller in effect provided around the clock security. Mr. Williams stated Staff had not had any discussions with the commercial based participants in Eugene but he was also familiar with those comments. Council Member Burt asked whether the community working groups had any engagement with the commercial base community. Mr. Williams declared he did not believe so. Council Member Burt stated there were responsible members of the community who were in a situation beyond their control. He asked to what degree Palo Alto had been able to distinguish the two groups; those in need of assistance and those with criminal intent. He felt there could be a shared interest between the vehicle dweller and the business owner. Mr. Williams said the Police Department did not currently have a tracking system in place since there was not a Municipal Code that could be violated. He noted there were a couple of the Community Officers who indicated during prior meetings there may have been 15 to 20 issues over the past few years but acknowledged there were three times that amount without any incident. Council Member Burt said the Downtown Streets Team was an innovative program initiated by Palo Alto residents and subsequently supported by the City. The program was a model being replicated elsewhere in the region. This was an example of Palo Alto using a model that helped people help themselves. He felt the Eugene model had a solid base to start a program in the City. Council Member Klein asked about the overnight parking ban. Mr. Williams stated it was a suggestion but there was not a limitation as of yet. Council Member Klein said an element not frequently discussed was that while City government was not equipped to solve poverty, Palo Alto did have compassion. There were laws available to the police to protect the community against public nuisance. He disagreed the City government should be involved in a program such as the one in Eugene; he felt it would add a bureaucratic element which was not practical. Council Member Holman thought it was important to consider an ongoing Community Cooperation Team potentially using the Downtown Streets Team model to locate work for those in need. Her concern was how the negative P&S 7 11-15-11 actions of a few may impact the group as a whole in the form of an Ordinance. She felt the HRC should be involved, admitting it would slow the process although their role was to advise the Council on Human Relation matters. She understood the safety concerns of residents. She felt City facilities should not be involved. Chair Price was concerned about the lack of hard data. With out this information it would be difficult to define the challenges. She was undecided whether or not City facilities should be considered. She appreciated the work that had been contributed to date. She recommended more detailed discussions with the service providers and more consideration for HRC involvement. Council Member Holman asked if the focus of the Community Cooperation Team was to be a facilitating group or was it to develop solutions. Mr. Williams clarified the group felt facilitating and reaching for solutions were a part of their purpose. He noted they were reviewing models elsewhere to bring forth suggestions to be considered. Chair Price asked Staff to inform the audience how they could get involved. Mr. Williams said interested parties could contact him or Consuelo Hernandez in the Planning Department at (650) 329-2404 and there was information on the Community Services Department web page: www.cityofpaloalto.org/depts/csd/human_services/default.asp . Council Member Burt asked the City’s role in the forum versus various community organizations. Mr. Williams stated Staff saw the role as collaboration between the City and the Community Cooperation Team but ultimately the team was providing input for Staff to bring to the Council as recommendations. Council Member Burt asked how broadly the group was representing the community. Mr. Williams stated the Community Cooperation Team worked with advocates and clergy while the Working Groups had neighborhood and business representatives. NO ACTION REQUIRED P&S 8 11-15-11 2. Magical Bridge Partnership Project Update Director of Community Service Department, Greg Betts gave an update on the community partnership project that related to the Council Priority on youth wellbeing programs. There were currently two projects being presented Project Safety Net and the Magical Bridge. One of the reasons the Magical Bridge project was so important was it was not just building a playground but building a public awareness of persons with special needs in the community. He noted there were over 1,500 children and adults with special needs within Palo Alto. The Magical Bridge was a program that made a play area universally accessible where the children could play together or caregivers could play with children. In July of 2011, the Council approved a Letter of Intent (LOI) which outlined what the City was responsible for so the Friends of the Magical Bridge could focus on fundraising. The City had allocated $300,000 in its Capital Improvement Project budget as seed monies. The funds were being used for the design, review, and permits. Some funds may also be used to build the bridge over Adobe Creek leading to the play area in the northern corner of Mitchell Park. Landscape Architect/Park Planner, Peter Jennings said there were currently six proposals for review to select the consultant for the project. The consultant would be responsible for the design of the playground. Staff would present their findings for selection to the Council at the beginning of the 2012 year. The consultant would be responsible for development of the design, set the construction documentation, and then move into the construction phase of the project. He noted the design and construction documentation was anticipated to extend through 2012. Olenka Villarreal, Friends of the Magical Bridge, said fundraising was at the top of their priority list. They were also working with Mr. Jennings to create the vision of the playground. She encouraged people who wished to participate, donate, or receive more information on the project to visit the web site at www.magicalbridge.org . Council Member Burt acknowledged it was an important program for the community. He recognized there were few communities with such accessible playgrounds and he was glad to have Palo Alto lead the way. He said the wellbeing of the youth of Palo Alto was intertwined with the wellbeing of the community and both needed to be solid to support the other. He was not under the impression the allocations from the Capital Improvement would go towards the repair or replacement of the Adobe Creek Bridge; he was aware the bridge was in need of repair but the funds to do so should be part of the infrastructure P&S 9 11-15-11 not any special project. Mr. Betts clarified part of the design funding would assist in addressing the uniqueness of the bridge, the hydraulic study and the accessibility to the other pathways in the park. Because the City would be dealing with the Santa Clara Valley Water District, the permitting for the bridge was going to be managed by the City. Council Member Burt asked if Staff had reviewed the Water District Funds for assistance through their grant programs. Mr. Betts stated yes and Staff would aggressively apply for those funds. Staff had previously received indication that CDBG funds would be available since the bridge was being retrofitted. Chair Price asked whether Staff had approached philanthropic groups for funding assistance. Ms. Villarreal stated yes, those groups had been approached. The groups had pledged a significant amount of money and time but were waiting for the when the project was ready for their contributions. Chair Price asked if small family foundations had been contacted as well. Ms. Villarreal stated the Friends had received funds from a few small family foundations. However because of Palo Alto’s affluent status grant assistance was not an option. Council Member Holman felt the project was a terrific idea and appreciated the creativity, innovation, and the initiative taken to get it started. NO ACTION REQUIRED 3. Project Safety Net Update Recreation Manager, Rob De Geus provided background on the Community Coalition which began to take shape in summer of 2009. The group was formed in response to five teen suicides within an eight month period. He presented the Project Safety Net Report which defined 22 strategies in three categories; intervention, prevention, and education. The report was reviewed by the Policy & Services Committee who determined there were specific policy implications for the City. The City had taken action on most of the items listed in the report and P&S 10 11-15-11 adopted a Developmental Assets Policy, a Suicide Prevention Policy, support for the track watch year round, elevating the youth voice, and administrative capacity for Project Safety Net. The Council and Staff had negotiated monies to support the position although it had not yet been filled. Supervisor of Recreation Programs, Minka Van der Zwaag discussed the structure of Project Safety Net and explained it was broken out into three capacities, 1) the steering community who opened, coordinated, and advised, 2) the community collaboration teams which were groupings of individuals and organizations to further the strategies of Project Safety Net, and 3) gatekeeper training which was a group trained in recognizing a youth in suicidal trouble. Staff had enlisted the assistance of a group named QPR to train all of the Community Services Department (CSD) Staff who deal with youth and the first and secondary level of staff at the Palo Alto Unified School District (PAUSD). The Developmental Assets group had given numerous presentations to community groups explaining the concept of Developmental Assets, developed the implementation of the Developmental Assts Survey for PAUSD which covered over 4,000 students, and in an effort to publicize Developmental Assets the overpasses were adorned with banners denoting the “asset of the month”. She noted youth would prefer to talk amongst themselves rather to an adult and as the QPR training was geared more towards the adult the Gunn High students began a peer support group called Sources of Strength. She noted there was a monthly meeting held at the Lucy Stern Community Center to discuss implementations, make decisions, networking, and each month there was a major topic of discussion. There were partner organizations and each one determined which strategy they would implement based on their strengths. Each organization signed a Memorandum of Understanding (MOU) annually to solidify their commitment to the project. Mr. De Geus said the next milestone in the program was the hiring of an administrative support person. Staff was aware the funds had been set aside for the support person but was in a holding account and they needed to request a Budget Amendment Ordinance to move them. Project Safety Net was attempting to build the relationship between the City and PAUSD. The schools tended to keep the inner workings of the students’ issues on campus. Chair Price asked if the Human Relations Commission (HRC) had an MOU related to Project Safety Net. Ms. Van der Zwaag stated they did. Mr. De Geus noted the Parks & Recreation Commission (PARC) had also signed P&S 11 11-15-11 an MOU. Council Member Burt said given the School Board and School Administration levels had committed and the Parent Teacher Association (PTA) had been very active he asked whether they had an MOU as well. Mr. De Guess stated they did. Council Member Burt discussed the struggle with school participation even though the Board and Administration were participating. He asked if Staff knew why the Board or Administration did not take ownership in building the bridge between the schools and the Project Safety Net. Mr. De Geus stated there were 13 schools within the PAUSD and despite the name they were not necessarily unified and there was a lot of bureaucracy within the District. He noted in 2012 there would be two meetings on each High School campus after school hours so students could participate. Council Member Burt asked if the PTA offered insight into why there were remaining barriers or provided suggestions on how to break them down. Mr. De Geus believed the disconnect was more one of history and the culture of the school; although because of the PTA involvement there had been more progress made recently than in the past years. Council Member Burt said school principals had a high commitment to a broad definition of youth wellbeing, measurements of success, and engagement as defined in the Developmental Assets. He was aware the Principals at both High Schools were part of the reason the value structure was being transformed in a positive manner and that was reassuring to him. Council Member Holman said as liaison to the PARC she had been exposed to the work Public Safety Net was accomplishing. She believed the Project was an enormous undertaking for the City and Staff and she thanked them for their commitment. Mr. De Geus stated he was surrounded by a great Staff and an amazing community who were very supportive of the wellbeing of all youth. Council Member Holman left the meeting at 9:30 PM Council Member Klein asked how other communities might view the work being P&S 12 11-15-11 done by Project Safety Net. He asked if there had been thought to having an outside evaluator review the Project to see if there were areas in need of improvement. Mr. De Geus stated the County of Santa Clara reviewed Project Safety Net. They reported that the uniqueness of the program inspired them to invest $30,000 in a strategic plan to share the program with the rest of the county. Council Member Klein noted the educational field frequently utilized outside evaluators and he recommended if the Project could fund such a resource it would be a benefit. Mr. De Geus stated if an outside evaluator could provide input so Project Safety Net would be more effective he was in support of the recommendation. Council Member Klein asked how the youth was able to add input. It was difficult to receive input from them and they did not necessarily have a breadth of understanding of the situation. Mr. De Geus said not having input from the youth would be disastrous. There were surveys completed by the youth asking how they viewed the value of the community and the school climate. There were teen forums where the youth discussed topics like stress and suicide. Council Member Klein asked if the surveys had been done before. Mr. De Geus acknowledged the County of Santa Clara had performed similar surveys and Palo Alto had up until October 2011 declined to participate. The county also had a California Healthy Kid Survey released every two years and the Palo Alto Reality Check (PARC) Survey was performed. In addition to the surveys there were a variety of teen groups that met regularly; the Palo Alto Youth Council, the Teen Advisory Board, the Teen Arts Council from the Children’s Theatre, the Library has a Teen Advisory Group, and the Mid Peninsula Media Center has a Teen Advisory Group that the Project Safety Net Staff visits to hear their input. Council Member Klein hoped there was close to no overlap between the teen advisory groups. Mr. De Geus explained some of the groups had leadership overlap because of the school connection but they were of very diverse groups. Ms. Van der Zwaag said the Developmental Assets subcommittee should talk to P&S 13 11-15-11 the youth about the survey. Council Member Klein asked why the teen groups involved in sports were not mentioned in the overview of involved groups. Mr. De Geus had realized the lack of sport oriented teen groups so there had been two forums held on sports; one included a speaker from the Stanford Sports Department. Council Member Klein asked if there was a way to cross reference the surveys; he was aware they were anonymous but they could be grouped by activity. Mr. De Geus did not believe the surveys allowed that much detail. Council Member Burt said the importance of the Development Assets Survey and its data was the benchmarking that the City did not previously have. He noted achieving the cooperation of the school to complete the Survey was because of the Project Safety Net initiative. Council Member Klein asked if private schools participated. Mr. De Geus stated Castilleja School was participating and regularly attending the meetings. He agreed it was an area where there could be more outreach. Chair Price recommended Staff seek ways to share the results of the Surveys with other cities. She asked what the relationship was with Stanford research efforts in terms of Stanford Graduate students working with the Project. Mr. De Geus said the Project had a close relationship with Stanford and the Lucille Packard Children’s Hospital; both entities sat on the steering committee. He did not believe there was any student involvement although the journalism department had attended meetings and wrote on the matter. NO ACTION REQUIRED ADJOURNMENT: Meeting adjourned at 9:45 p.m. June 7, 2012 Honorable Mayor Yiaway Yeh City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94303 Dear Mayor Yeh, The Palo Alto Chamber of Commerce joins Palo Alto residential groups in supporting the City Council’s beginning the process of drafting a “Living in Vehicles” ordinance in consultation with all affected constituencies and in parallel with outreach to homeless people based on the Eugene Oregon program. As you are aware, the City of Palo Alto is one of the few cities in Santa Clara County which does not have an ordinance disallowing individuals to live in their vehicles. Currently if a business or resident observes in-appropriate behavior from individuals living in their vehicles and calls the police, the police are unable to approach the individual unless they observe the behavior themselves. The Police Department presented the Living in Vehicles Ban to businesses and residents after receiving complaints about this type of situation. They are unable to breach the personal rights of the vehicle owner. Key Arguments for Recommended Position: 1. The ordinance would give police the ability to approach and investigate incidents reported by businesses and residents. 2. The ordinance provides a fall back remedy when other methods are unsuccessful. How does this issue impact the business community? Palo Alto does not restrict overnight street parking in any part of the city. By extension, people can permanently park and live in their vehicles. When this becomes an eventuality, the police are unable to approach the person living in their vehicle unless they witness specific violations such as public urination/defecation, disposition of garbage, etc. Parking lots and all public spaces are exposed to this activity. The police need tools to be able to approach citizens, offer services and alternatives to effect change. In closing, the business community, through the Palo Alto Chamber of Commerce, is prepared to play a leadership role in working towards solutions to this important issue. Regards, Paul Wright, Ed.D. President/C.E.O. Palo Alto Chamber of Commerce Cc City Council James Keene, City Manager Curtis Williams, Planning & Community Environment Department Director Council Work Session Homeless Car Camping Program City of Eugene – June 13, 2011 Planning and Development Department Community Development Division Off-Street Camping Code Eugene City Code 4.816 allows off-street overnight camping if certain criteria are met. These criteria include: •Up to 3 vehicles Public & Private Parking Lots •One family Residential •Trash Removal •Restroom Facilities Sanitation Homeless Car Camping Program Proactive •Management of public and private overnight parking sites Responsive •Coordination •Enforcement of on-street camping regulations Management of public and private overnight parking sites Alton Baker Park Autzen Stadium River Road Downtown Management of public and private overnight parking sites Management of public and private overnight parking sites Management of public and private overnight parking sites Currently Managed Sites Number of People Served Waiting list 31 63 83 Total for all sites Responsive Measures Eugene City Code 4.815 prohibits camping •Any place for the purpose of bedding, or •Where any stove or fire is placed for temporary inhabitance Camping: •Right of Ways •Parks •Streets •Alleys Prohibited: Coordination Efforts Internal Coordination Homeless Car Camping Program Planning & Development St. Vincent de Paul Public Works & Maintenance Central Services EPD Coordination Efforts Community Coordination Strategies for Hot Spots Signage and Enforcement Requests Enforcement of On-Street Parking Regulation Call •Calls are screened for criminal & safety issues Log •Complaints entered into camping log •Caller provided with reference number Response •Homeless Camping Coordinator responds to complaint •24 hour notice to vacate •Provides connection to services Enforce •Failure to move or repeat offenders become willful violators •May be ticketed and towed Dispatch Protocol Enforcement of On-Street Parking Regulation Annual Calls for Service Enforcement of On-Street Parking Regulation 166 239 268 208 233 232 216 186 179 223 274 195 238 192 280 153 161 200 283 241 359 0 50 100 150 200 250 300 350 400 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 2006 2007 2008 2009 2010 2011 Illegal Camping Calls for Service Trend 2006 - 2010 Quarterly Calls for Service Hot Spots Map # of willfull violators chart 2006 - 2010 Enforcement of On-Street Parking Regulation Enforcement of On-Street Parking Regulation Willful Violator Citations Going forward… Modifications to enforcement procedures Community solutions Enhanced interdepartmental coordination Police dispatch training on car camping code Contact Michael Wisth Community Programs Analyst Planning & Development 541.682.5540 michael.c.wisth@ci.eugene.or.us Pete Deshpande Lieutenant Eugene Police Department 541.682.8467 pete.n.deshpande@ci.eugene.or.us NEW BEGINNINGS COUNSELING CENTER 324 East Carrillo Street, Suite C Santa Barbara, California 93101 (805) 963-7777 (Administrative Headquarters) (805) 963-8135 (Fax) (805 637-6242 (Safe Parking Program Coordinator Cell Phone) SAFE PARKING PROGRAM OVERVIEW Due to the alarming increase in vehicle dwellers in south Santa Barbara County, coupled with the crackdown on overnight parking enacted by the City of Santa Barbara, New Beginnings Counseling Center currently operates a program to provide safe overnight parking for individuals and families who are living in their vehicles. The program is a cooperative between New Beginnings, area churches, non-profits, the City of Santa Barbara and the County of Santa Barbara, where the participating institutions provide parking places for vehicle dwellers. The program currently includes 118 spaces at 23 dispersed locations in downtown Santa Barbara, Goleta, and Isla Vista. Each lot offers free nightly parking for one, five, and up to fifteen vehicles, depending on location. Three of the parking lots are at business locations in the City of Santa Barbara. The purpose of the program is to provide the level of stability needed for vehicle dwellers to effectively make positive changes in their lives. In addition to parking, New Beginnings offers social services and case management to help them achieve this end. HOW IT WORKS Churches, non-profits and businesses interested in participating in the program sign an informal contract with New Beginnings and agree to a basic set of rules for the vehicle dwellers on their property. The participating institutions are currently free to augment or edit the rules as they see fit in accordance with County and/or City codes. Clients seeking to participate in this program receive and intake assessment. Potential clients are screened via an in-depth interview designed to identify immediate crises and establish long-term goals. Typical issues include the following.  Determine immediate crises, both personal and vehicle-related  Verify identification or assist in obtaining identification  Income verification if any—employment, government, food stamps, etc.  Obtain pertinent info and ID regarding children and dependents  Determine legal issues pending  Determine medical issues/establish medical history  Determine substance abuse issues  Determine mental health issues  Determine what other agencies, if any, are providing assistance  Access the vehicle being occupied o Insured? o Operational? o Registered? After the intake, a goal-oriented plan of action is established and the client is issued a permit and allowed to park overnight at an assigned location. The client and case manager continue to work together on goals toward stability, weekly at first, and after short-term goals have been achieved, the case is reviewed bi-weekly and then monthly. There is currently no formal limit to the amount of time that a client may occupy a site. Some clients take advantage of the service for a short period of time; others occupy a parking space for up to a year or more, depending on their needs. For clients who either do not quality or are not willing to abide by the rules of the program, case management, referral and services are still available from New Beginnings. In addition to the resources that New Beginnings provides, a network of community referral agencies is also employed for the benefit of clients. Below is a partial list of agencies that New Beginnings might refer to or cooperate with in assisting the vehicle dwelling population:  City and County Housing authorities  Hospice  County Mental Health  The various sober living programs in the area  Employment Development Dept.  St. Vincent’s PATHS (housing for single-mothers)  CalWorks  Casa Esperanza  Centro Familia – daycare  Transition House  Community Action Commission OTHER SERVICES THE CLIENTS MAY ACCESS:  Veteran’s Administration  Ongoing Case Management  Department of Social Services  Housing Assistance  Project Recovery  Outside Agency Referrals  Legal Aid Foundation  Job Development  Committee for Social Justice  Resume Preparation  Unity Shoppe  Job Coaching  Department of Rehabilitation  Problem Solving  Community clinics  Counseling  Temporary employment agencies  The Salvation Army  The Rescue Mission PROGRAM OPERATIONS, RULES AND REGULATIONS: Each client is required to attend case management meetings on a regular basis to determine how they are meeting their goals. In addition, Program Coordinators Nancy Kapp and Roslyn Scheuerman conduct weekly checks of the participating sites to assess usage and identify potential problems. Below is a list of rules and regulations that the client must agree to in order to be able to qualify for our services PARKING RULES, RESTRICTIONS AND RESPONISBILITIES ASSOCIATED WITH THE SAFE PARKING PROGRAM: 1) Guns or firearms of any kind are strictly prohibited, and the use of alcohol and/or drugs will not be tolerated. Failure to abide by this rule will result in immediate removal from the assigned location. 2) Camping tarps or camping equipment beyond the top of the vehicle are prohibited 3) Cooking outside the vehicle is absolutely not allowed. 4) All trash will be disposed of offsite and the area will be kept tidy. 5) Loud music is not permitted. 6) Parking lot is for sleeping use only. 7) Overnight stays will be limited to the hours assigned. Adherence to in and out times is mandatory. 8) Users must keep barking dogs in their vehicle at all times. Animals must be kept on a leash at all times on the property. Animal waste must be picked up immediately and disposed of properly. 9) Under absolutely no conditions will the client(s) invite other vehicle dwellers to occupy the site or invite any visitors or any type of patrons into the parking lot. 10) If bathroom facilities are provided, showering or bathing is not permitted. 11) The owner of the parking lot cannot be held liable for damages caused by a third party to the parked vehicle or its occupants. 12) Absolutely no more than one vehicle allowed per individual or family staying at the site. 13) Absolutely no use of the facility services i.e., ELECTRICITY, water, trash or any of the hoses at the site. Failure to comply with this rule will result in immediate termination from our program. 14) Please respect the privacy of the surrounding neighbors and their property. 15) Children will be watched and kept safe at All Times—No Exceptions!!!!! These rules will be enforced. Failure to comply with these rules and regulations will result in termination from the Safe Parking Program. In addition to these rules, all clients sign a release of information and a waiver of liability towards our company and your organization, indicating that neither party is responsible for damages to the vehicle, and allowing us to share client information. New Beginnings Counseling Center carries liability insurance for each Safe Parking lot location. CONCLUSION In closing, we hope you will consider participating in this program. If you have any questions about this introductory packet, please call the Safe Parking Program Coordinators: Nancy Kapp at 284-3463, or Roslyn Scheuerman at 637-6242. Also, if your organization would like to communicate with one of our churches or non- profit organizations that are currently working with us we would be happy to connect you with those organizations. It is important to gain various perspectives on the program in order to make a balanced decision that is in the best interest of your organization, while also thinking about the needs of homeless individuals in our community who are forced to live in their vehicles. To reach New Beginnings Counseling Center to speak with the Executive Director, Kristine Schwarz, please call 963-7777. If we do not hear from you, we will follow up in the next several weeks with a phone call to offer further information and answer any questions you might have. Thank you for your interest in our program. Sincerely, Nancy Kapp, (805) 284-3463 Roslyn Scheuerman, (805) 637-6242 Safe Parking Program Coordinators POLICY AND SERVICES COMMITTEE MINUTES Page 1 of 28 Special Meeting Tuesday, November 20, 2012 ROLL CALL Chairperson Holman called the meeting to order at 6:05 P.M. in the Council Chambers, 250 Hamilton Avenue, Palo Alto, California. Present: Holman (Chair), Espinosa, Klein, Schmid Absent: ORAL COMMUNICATIONS None AGENDA ITEMS 1. Consideration of Approaches to Address Concerns Related to Human Habitation of Vehicles. Curtis Williams, Director of Planning and Community Environment reported the current Item was consideration of a method to deal with persons living in vehicles in Palo Alto. The issue had been discussed for approximately 1 1/2 years, and arose from complaints of people creating disturbances and from feelings of insecurity among residents and businesses. Currently, there was not a legal means to address the issue, unless a crime took place. In July 2011, Staff drafted an Ordinance prohibiting persons from sleeping in vehicles overnight. The City Manager felt more outreach was needed before presenting an Ordinance to the Council. Staff held a community forum in September 2011, and then established a working group composed of various stakeholders. The primary focus of the working group was to review the potential for a vehicle dwelling program, particularly one similar to a program adopted in Eugene, Oregon. Staff provided a draft program in the Staff Report. Staff hosted a meeting with faith-based organizations and discussed the potential for churches to sponsor that kind of program. A second community forum was held in June 2012 focusing on the potential for MINUTES Page 2 of 28 Policy and Services Committee Special Meeting Minutes 11/20/2012 a vehicle dwelling program. One congregation committed to a program. Three congregations were necessary to make the program viable. Staff identified four approaches to the issue. First, a pilot vehicle program would limit vehicles on a site to no more than three vehicles located a set-back distance from residential property lines. The Downtown Streets Team offered to assist with outreach to the community and to provide a minimal level of security if a program were enacted. The pilot program was modeled generally after the program in Eugene, Oregon. Eugene also had an ordinance prohibiting people from sleeping in vehicles on streets. Another program in Santa Barbara, while successful, was Staff intensive and an expense to the city. The second approach was enhanced social service outreach. When police officers were called to a scene, they often were unable to do anything. Staff suggested a social service provider make the initial contact. The Downtown Streets Team offered to fill the role of social services. A third approach was an Ordinance prohibiting habitation of vehicles. The Police Department suggested enforcement of an Ordinance be made on a complaint basis. Police officers would issue a warning for the first offense, and follow enforcement procedures for subsequent offenses. A fourth approach was parking restrictions. A small subset of cases could be addressed effectively with parking restrictions. Staff planned to install signage in a commercial area of College Terrace within two to four weeks to prohibit parking between 1:00 A.M. and 4:00 A.M. on those streets. That action could move the problem to another site. Staff used parking restrictions in a few other instances to address residents' concerns. Staff preferred to initiate a pilot program; however, efforts had not been successful. Thus, Staff recommended presenting an Ordinance to the Council that would prohibit living in vehicles and would not become effective for six months. In that six-month period, congregations could develop programs for their particular sites. If a pilot program was not initiated and the Council did not wish to enact an Ordinance, then Staff suggested the Council work with the Downtown Streets Team and any other social service provider to identify assistance for individuals living in their vehicles. Staff felt an Ordinance and a program needed to work hand-in-hand. If an Ordinance was adopted, Staff suggested its effective date allow time for programs to develop. Many members of the working group were strongly opposed to an Ordinance. Given the lack of interest in a program, Staff felt an Ordinance was necessary. Council Member Espinosa wished to understand the nature and extent of outreach. He asked Staff to comment on that and the likelihood of additional congregations initiating programs if an extended period was allowed. MINUTES Page 3 of 28 Policy and Services Committee Special Meeting Minutes 11/20/2012 Mr. Williams stated several congregations expressed interest in participating, but they had questions regarding liability, insurance, and internal processes for creating a program. Additional time could allow congregations to answer those questions. Perhaps enacting an Ordinance would create a sense of urgency. He would not characterize Staff's outreach as aggressive due to limited resources and extensive workload. Staff sent multiple messages to congregations. Mayor Yeh worked with one congregation and the Downtown Streets Team to further outreach efforts. Council Member Espinosa inquired whether Staff had a plan that would lead to a different result if additional time were allowed. Mr. Williams answered no. He did not foresee expending further Staff effort to develop programs. Council Member Klein felt there were two separate problems. With regard to the complaints in College Terrace, he asked if vehicles were commercial or private. Mr. Williams indicated the vehicles were private vans parked in a commercial area. He understood the owner lived in one, and moved the vehicles so as not to violate the 72-hour regulation. Council Member Klein inquired whether anyone had asked the individual about his reasons for having ten vehicles. Mr. Williams believed people had attempted to talk to the owner; however, it was difficult to talk to him. Council Member Klein asked if the City Manager had the authority to declare parking restrictions in a commercial zone between 1:00 A.M. and 4:00 A.M. Mr. Williams responded yes. Council Member Klein inquired whether other people parked their vehicles in the commercial zone. Mr. Williams was unsure if other vehicles were parked in the area. Staff canvassed businesses in the area, and they agreed to the restriction. MINUTES Page 4 of 28 Policy and Services Committee Special Meeting Minutes 11/20/2012 Rafael Rius, Transportation Project Engineer reported other vehicles parked in the area, but not for an extended time period. The issue was not cars parked in the area, but the length of time they remained parked there. Council Member Klein expressed concern about the unintended consequence of vehicle owners violating the parking ban, but not flagrantly violating the ban as the one vehicle owner did. Mr. Williams indicated the vehicles parked in the area did not appear to be related to the businesses located in the area. Council Member Klein inquired whether the vehicle owner could simply move his ten vehicles to another neighborhood with a 72-hour parking restriction if a ban on parking between 1:00 A.M. and 4:00 A.M. was imposed. Mr. Williams answered yes. Council Member Klein asked if another mechanism was available to prevent the vehicle owner from parking ten cars on City streets. Molly Stump, City Attorney stated the Code contained a variety of rules for vehicle parking, but she had not discussed the issue extensively with Staff. Council Member Klein understood the vehicle owner complied with existing rules, and asked what could be done beyond existing laws and without banning overnight parking on all City streets. Ms. Stump noted some cities had city-wide bans on overnight parking, and those bans had significant impacts on a variety of people. Council Member Klein felt there was not a viable solution at the current time. Mr. Williams was not aware of any other solution short of posting additional restrictions, such as limiting the number of vehicles one person could park on the street. Council Member Klein suggested an Ordinance limiting the number of vehicles one person could park on the street to two or three. MINUTES Page 5 of 28 Policy and Services Committee Special Meeting Minutes 11/20/2012 Ms. Stump needed time to review the suggestion carefully as she was not aware of the precedent of such a restriction. It could have significant impacts on some people. Council Member Klein requested Staff explain its rationale in limiting the number of vehicles to three in a vehicle dwelling program. Mr. Williams reported a limit of three was somewhat arbitrary, but was suitable for a pilot program. If sites could accommodate more vehicles and the pilot program was successful, the limit could be modified. Staff did not want to overtax the system and wanted to determine results of a pilot program using a minimal number of vehicles. Council Member Klein asked if the Police Department could track the number of complaints regarding people sleeping in vehicles to determine the extent of the problem. Karen McAdams, Police Parking Management reported the Police Department did not capture that information. She was unsure whether the Police Department should capture that information, because of potential Constitutional issues. Council Member Klein inquired whether the Police Department could track the types of complaints made by residents. Ms. McAdams felt most complaints concerned abandoned vehicles. The complaining party usually did not state whether or not someone was living in the vehicle. Police officers could guess whether someone was living in the vehicle, based on the type of vehicle and repeat complaints. Typically, officers did not see anyone in the vehicle when they marked vehicles in 72- hour zones. Council Member Klein asked if the Police Department could gather some data, based on information from the complaining party and visual inspection of the vehicle, to estimate the number of people sleeping in vehicles on streets. Ms. McAdams would have to discuss the issue with the Chief to determine possible impact. The Police Department did not capture information as to whether someone was housed or unhoused, because the determination would be subjective. MINUTES Page 6 of 28 Policy and Services Committee Special Meeting Minutes 11/20/2012 Council Member Klein stated the number of people sleeping in vehicles determined the amount of effort the City used to resolve the issue. Council Member Schmid recalled the Police Department previously estimated approximately 20 people were dwelling in vehicles. Ms. McAdams reported the Police Department estimated 25-50 people lived in vehicles, based on information from the Community Cooperation Team and community meetings. Many people could be living in their vehicles; however, the Police Department did not receive complaints about the majority of them. Residents complained about larger vehicles, because they were more obvious. Council Member Schmid was unsure of the City Council's responsibility for unhoused people. Federal, state and county governments had responsibility for the welfare, housing, disability, and mental health of citizens. The Housing Element indicated the City had some responsibility for homeless people. The City also had responsibility for the health and safety of citizens on streets. Vehicle dwelling was a unique situation in that the individual was neither housed nor homeless. The City could potentially benefit from dealing with some of the homeless problem through vehicle dwelling; however, there were restrictions on creating incentives for people to live in that manner. He asked Staff to comment on the role the City should have. Mr. Williams reported the County had broad programs to assist the homeless. The City did provide some assistance through Human Services Resource Allocation Process (HSRAP) and social service providers in the community. State law required the City to provide zoning to accommodate homeless shelters. Council Member Schmid asked if vehicle dwelling could fulfill a portion of the City's obligation to provide shelters for the unhoused. Mr. Williams would have to check on that, but felt Senate Bill 2 required an enclosed building. Council Member Espinosa had hoped the community would provide services to the homeless rather than the City Council enacting an Ordinance that would criminalize the homeless lifestyle. He requested Staff explain their rationale in recommending an Ordinance before a pilot program had been tried. MINUTES Page 7 of 28 Policy and Services Committee Special Meeting Minutes 11/20/2012 Mr. Williams explained the lack of interest in a pilot program left the Council with the decision of no action or enacting an Ordinance. A subsequent question was whether an Ordinance was appropriate to address business and resident concerns regarding safety and security. Staff preferred to provide a pilot program before considering an Ordinance. Staff was not comfortable with their recommendation, but few alternatives were available. Council Member Espinosa asked Staff to describe a timeline should organizations wish to participate in a pilot program after hearing the current discussion. Mr. Williams stated a few months were needed for a pilot program to become operational and to receive Council authorization. Staff could present a draft Ordinance to the Council in January 2013 with an effective date six months from that time. A three-month pilot program could be implemented and its results studied before the Ordinance became effective. If the pilot program appeared promising, then the Council could revisit the Ordinance at that point. Chair Holman noted the Downtown Streets Team would monitor the pilot program for the first three months at no cost, and inquired about the costs after three months. Mr. Williams reported Staff had considered the cost for portable toilets, which amounted to a few thousand dollars for three sites. Staff needed to hold discussions with the Downtown Streets Team to determine ongoing costs. Chair Holman wished to know the costs and whether the Downtown Streets Team was interested in monitoring the program beyond a three-month trial period. She recalled the prior discussion regarding co-locating individuals to provide a safe harbor, and inquired if that perspective remained valid. Mr. Williams felt it was valid, because oversight would be provided at the locations. Chair Holman noted in the prior discussion Council Members did not want to consider City facilities as temporary housing sites. She asked if Council Members considered using City facilities, would that encourage other organizations to come forward. MINUTES Page 8 of 28 Policy and Services Committee Special Meeting Minutes 11/20/2012 Mr. Williams stated some groups would be more inclined to participate if the City were to participate as well. However, the Council would need to consider costs and issues for the City. Tom Dittmar reported his experience with two motor homes parked in front of his office building. He suspected they tapped into his power supply, and utilized his water and garbage. He called police officers 1-2 times per week; however, the motor homes returned after each complaint. John Barton did not wish to criminalize the poor. The City should participate with congregations in a pilot program. Rather than limiting the pilot program to three vehicles, he suggested utilizing a percentage of available parking spaces. Most issues could be addressed with parking restrictions. Doria Summa indicated stored vehicles in College Terrace did not comply with the 72-hour restriction, because there was no real penalty for violating the restriction. She did not wish to criminalize the issue; however, residents needed a solution. Other Code restrictions could be used when people caused problems for residents and businesses. Diane Finkelstein felt the Council should focus on the many residents impacted by people living in their vehicles. The Council could not let the issue continue unresolved. Police officers could not enforce regulations, because they often did not see the violations. Greg Schaefer, Pastor of University Lutheran Church opposed an Ordinance, and felt most complaints could be resolved through existing laws. Theft, vehicle storage, and sleeping in vehicles were separate problems. Bruce Kenyon stated the Community Cooperation Team met with Staff to find a solution. He was unclear whose safety was a concern. An Ordinance would not change the behavior of the few people who would always rebel against authority. Brent Parker felt pilot programs were necessary, whether or not an Ordinance was enacted. Any program should be developed and monitored carefully. Litsie Indergand did not believe criminalizing unhoused people would be helpful. Her church was eager to participate in a pilot program; however, it could not afford a monitor for restroom facilities. MINUTES Page 9 of 28 Policy and Services Committee Special Meeting Minutes 11/20/2012 Norma Grench felt a ban on vehicle dwellers was opposed to the community value of caring for others. She urged the Council to work with the homeless and community groups to determine a reasonable solution. Geoff Browning, Campus Minister with United Campus Christian Ministry applauded the efforts of the Council and the working group to find a solution. Churches were concerned about liability, access to bathrooms, limited use restrictions, and being good neighbors. The City should participate in a program as well. Tony Ciampi reported most members of the working group did not support implementation of the Eugene plan or the Santa Barbara plan. The group advocated a parking program without an Ordinance. An Ordinance would not address behavior problems. Heiri Schuppisser, homeless outreach specialist stated people living in vehicles had fewer medical, legal, and mental health problems than people living on the street. Many of the homeless did not like living in shelters. Rick Toker spoke with the director of the Eugene program, who stated a large number of people at a vehicle parking site resulted in interpersonal problems. The Santa Barbara program did not require on-site bathrooms. If Palo Alto did not require on-site bathrooms, perhaps more congregations would participate. Mark Petersen-Perez suggested more vehicles would be located on streets, because of unemployment. He expressed concern that the Human Relations Commission had not addressed the issue. Chuck Jagoda understood congregations did not respond, because they received short notice. He attempted to speak with the owner of the ten vehicles in College Terrace; however, the owner would not discuss the matter. Fear and isolation were major concerns. Herb Borock urged the Council to abandon an Ordinance and a program, and suggested the Council compare any program to the Hotel de Zink program. Mr. Williams should name the organizations interested in participating in a pilot program. The Opportunity Center was a possible solution. Fred Balin, Vice President of College Terrace Residents' Association recalled residents did not request but did support a ban on vehicle dwelling in July 2011. The proposed ban on parking in the commercial area directly MINUTES Page 10 of 28 Policy and Services Committee Special Meeting Minutes 11/20/2012 addressed the specific issue. The City needed to retain a stock of affordable housing. Cybele Lavolorashon urged the Council to support Option 2, and suggested use of the Veterans Hospital parking lot and the utility parking lot on Bayshore. Reverend Dr. Eileen Altman, Associate Minister at First Congregational Church of Palo Alto stated the faith community was willing to work with others to address the needs of unhoused people. Each faith community needed to discuss complex issues for each location. Chris Richardson, Downtown Streets Team agreed that each faith-based organization would have a unique set of needs. He felt the City could be successful with a pilot program, and the Downtown Streets Team would be a willing participant. They did not have funding for more than three months, but were willing to discuss that issue. Costs would be slightly more than $5,300 per quarter. Gail Thompson was unclear whether First Presbyterian was willing to be a host site. The City should also be involved in a pilot program. She believed neighbors of First Presbyterian would support a program at the church. A vehicle ban would not eliminate behavior problems. More low-cost housing was needed. Hana Chandler stated the owner of the ten vehicles parked on the street where a parking permit was not required. She suggested a program require the homeless people to work in the community in exchange for parking areas. Aram James indicated the Staff Report was evidence that an Ordinance was not needed. He noted statements in Staff Reports indicating most unhoused people did not cause concern for residents. Jonathan Brown said people lived in vehicles at Boulware Park for months. This was an issue for the Parks and Recreation Commission. The Council could enact a simple Ordinance to prevent people from vehicular habitation in residential areas. Faith Brigelle agreed with Mr. Brown's comments. She hoped the Council would enact an Ordinance. MINUTES Page 11 of 28 Policy and Services Committee Special Meeting Minutes 11/20/2012 Dr. Cindy Mason was familiar with the problems of homeless people. The long-term issues were mental illness, addiction, and poverty. Short-term issues included health hazards. She suggested residents be made aware of violent histories and sexual offenses of unhoused persons. Trina Lovercheck urged the Council not to criminalize all unhoused people. Current laws should cover situations that arose. The Police Department should document the nature of complaints in order to determine the number of complaints regarding homeless people. Council Member Klein felt vehicle habitation was a minor problem, and that existing laws could resolve most issues. He noted a law prohibiting theft of electricity, and asked if there was a regulation prohibiting cooking in parks at night. Mr. Williams was unsure. Council Member Klein believed the small number of people sleeping in cars did not warrant further action. However, Palo Alto could become a magnet for unhoused people, because other cities enacted ordinances banning vehicle habitation. He suggested Staff monitor the problem of sleeping in vehicles. It was appropriate for faith groups to create and implement programs. MOTION: Council Member Klein moved, seconded by Council Member XXXX to recommend the City Council: 1) abandon current Staff efforts and no longer pursue a program or Ordinance; 2) direct Staff to return within one year with a report regarding Police Department data collection about people sleeping in vehicle complaints; and 3) direct Staff to return as soon as possible with suggestions on how to eliminate people storing vehicles on City streets. MOTION FAILED DUE TO THE LACK OF A SECOND Council Member Schmid felt people sleeping in vehicles was a concern, because the people were down on their luck. He suggested a six-month trial program with the City as a partner, a limited number of participants, dispersed sites limited to three or less vehicles per site, and participant registration. Chair Holman inquired whether Council Member Schmid was providing comments or a Motion. MINUTES Page 12 of 28 Policy and Services Committee Special Meeting Minutes 11/20/2012 Council Member Schmid was enumerating elements of a program, and then would make a Motion. Other elements were a counseling program; information regarding other governmental programs available, lists for senior housing and low-income housing, and groups of organizations involved; and monitoring of sites to identify complaints and problems. The goal of such a program was for vehicle dwellers to find permanent situations. MOTION: Council Member Schmid moved, seconded by Council Member Espinosa to: 1) initiate a six-month trial pilot Vehicle Camping Program; 2) Staff to search for partnerships with faith-based and not-for-profit organizations, businesses, and Stanford organizations to sponsor a pilot Vehicle Camping Program as outlined in Attachment A; 3) City to take more active role in offering direct help; 4) look for partners to provide sites for a limited number of people; and 5) enlist Downtown Streets Team to assist with implementation and oversight of the program. Council Member Espinosa asked if the intention of the Motion was to develop a pilot program with the Downtown Streets Team performing outreach. Council Member Schmid replied yes. City participation could begin with funding. The City had funds in the Council Discretionary Fund, HSRAP funds, and Stanford funds that could be used to support this type of program. Council Member Espinosa did not oppose an Ordinance; however, he preferred an option for City residents. The community had a problem that was not addressed by existing Ordinances and police enforcement. Before considering an Ordinance, he wanted to ensure the Council had done everything possible to find an alternative where vehicle dwellers could be housed within the City. Service providers could approach those members of the community about services. Locations for overnight parking needed bathroom and kitchen facilities. Obviously, bathroom and kitchen facilities were not available at City parking lots. He wanted to galvanize non-profit and faith-based organizations, businesses, citizens and the City to find other appropriate solutions. The Motion provided a good compromise and ensured the Council fully explored that option. Chair Holman asked for clarification of the trial period. Council Member Schmid indicated the trial period was for Staff to continue to search for partnerships from faith-based communities, not-for-profit organizations, businesses, Stanford and to sponsor a pilot Vehicle Dwelling Program consistent with the parameters outlined in Attachment A. He added MINUTES Page 13 of 28 Policy and Services Committee Special Meeting Minutes 11/20/2012 language to the Motion to enlist the assistance of the Downtown Streets Team to provide outreach. Chair Holman generally supported the trial period for a Vehicle Camping Pilot Program. She felt Staff had searched for partnerships with faith-based communities, not-for-profit organizations, businesses, and Stanford, and requested Staff respond to that point. Mr. Williams stated Staff had searched for partnerships with those organizations. The difference here was the City was actively participating with funding. Use of City sites could make a difference in the participation of those groups. Council Member Schmid heard a number of the public speakers say organizations needed time to work through licensing and insurance issues. With an active City role, some of the organizations could be willing to participate in a trial program. Council Member Klein opposed the Motion. City involvement was not free, and the City did not have any free money. The City would be involved in a program that benefited few people. This was not a good expenditure of the City's limited resources. Public enthusiasm for a trial program was limited, which indicated vehicle dwelling was not much of a problem. The City should monitor the problem, and Staff should spend their time on more important topics. Council Member Espinosa believed vehicle dwelling was a larger issue than some stated. Staff's outreach was not aggressive, and response time was limited. Organizations needed time to resolve liability and insurance issues. Staff had not given a trial program a chance to determine if it could be successful. Vehicle dwelling affected enough people that the Policy and Services Committee should at least provide that opportunity. Chair Holman interpreted the Motion as providing six months for Staff to search for partnerships. She asked the maker and Staff to interpret the language of the Motion. Mr. Williams understood Staff was to initiate a six-month trial vehicle dwelling program, and then look for partnerships. Council Member Schmid agreed with Mr. Williams' interpretation. MINUTES Page 14 of 28 Policy and Services Committee Special Meeting Minutes 11/20/2012 Chair Holman noted the Staff Report indicated the Downtown Streets Team volunteered to administer the program, and inquired whether the maker intended for the Downtown Streets Team to administer the program. She wanted to remove that responsibility from Staff. Council Member Schmid stated the wording should be for the Downtown Street Team to assist with implementation and oversight of the vehicle dwelling program. Chair Holman asked Staff if they understood that to be the Downtown Streets Team's role. Mr. Williams indicated the Downtown Streets Team was willing to do that with three organizations. He assumed they would be willing to accept that role under this scenario, but could not speak for them. Chair Holman inquired whether the City's active role in offering direct help meant Staff would explore use of City-owned sites. Council Member Schmid answered yes. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to direct City Staff to take a more active role to provide direct help including exploring City owned locations. Chair Holman wished to discuss separately the subject of multiple vehicles parked in neighborhoods. Council Member Klein suggested the first enumerated item in the Motion include "Program as outlined in Attachment A" similar to the second enumerated item. MOTION PASSED: 3-1 Klein no Chair Holman requested a Motion regarding the vehicle storage issue. Council Member Espinosa recalled Council Member Klein’s request for the City Attorney to provide alternatives regarding vehicle storage, and inquired whether the City Attorney would provide an analysis of options. MINUTES Page 15 of 28 Policy and Services Committee Special Meeting Minutes 11/20/2012 Ms. Stump stated the Legal Staff could provide general, lawful options. If the Policy and Services Committee was interested in a thorough analysis including Police Department input regarding enforceability and community input regarding impacts of options, then it should indicate that. Council Member Schmid felt installation of signage regarding parking restrictions would provide an opportunity to determine if restrictions were effective. Council Member Espinosa believed vehicles would simply move into residential areas. MOTION: Council Member Klein moved, seconded by Council Member Espinosa to direct Staff to report back to Policy and Services Committee regarding potential solutions to the parking storage issue. Chair Holman inquired whether Staff knew if the vehicles in College Terrace were registered and insured. Mr. Williams understood they were operable, registered, and insured. Chair Holman inquired whether police officers could chalk the tires of vehicles in the area if the Council dedicated some resources to that endeavor. Ms. McAdams explained the Police Department had received complaints for several years from that area regarding the same person. Officers marked those vehicles approximately every two weeks or whenever there was a complaint. The owner moved each vehicle. In the prior five years, the City had towed one vehicle. Officers marked tires constantly in a number of areas, particularly College Terrace. Chair Holman asked if tickets were issued. Ms. McAdams answered no, because the owner complied with the law. The current Municipal Code regarding 72-hour parking required a person drive his vehicle at least 1/2 mile every 72 hours. The owner could legally park in the same space after driving that 1/2 mile. People were in their vehicles and able to move them to comply with the current law. Chair Holman inquired when Staff could return with alternatives. MINUTES Page 16 of 28 Policy and Services Committee Special Meeting Minutes 11/20/2012 Mr. Williams would need to consult with the City Manager before indicating a date to return. Chair Holman asked the City Attorney the same question. Ms. Stump would coordinate with the City Manager, and return when she could provide a productive recommendation. Chair Holman supported the Motion, but did not want it to languish. She requested an expeditious response time. MOTION PASSED: 4-0 2. Auditor’s Office Quarterly Report as of September 30, 2012. Jim Pelletier, City Auditor would provide a detailed update at the end of the second quarter, when the Policy and Services Committee (Committee) would review the audit plan in more detail. At that time, he would recommend changes to the audit plan and provide more information. The City Auditor’s Office Staff was working on the annual Service Efforts and Accomplishments (SEA) Report. They were redesigning the report to make it user friendly and visually appealing, and to focus on performance management. The Contract Oversight Audit was complete; the Utilities Reserves Audit and the Human Resources Employee Benefits Audit were in the final reporting stages and scheduled to be reported in early December 2012. Ongoing assignments were the sales and use tax allocation review and quarterly audits. As of the end of the first quarter, the City received slightly more than $44,000 in total sales and use tax recoveries, approximately $7,000 from direct analysis by the Audit Staff and approximately $40,000 from the vendor. Potentially 54 misallocations remained outstanding with the State Board of Equalization, 29 from Audit Staff and 25 from the vendor. Staff anticipated additional recovery as the year progressed. New for the quarterly report was an update on the fraud, waste and abuse hotline, implemented on August 16, 2012. As of the end of September 2012, the hotline received one call, which was an inquiry regarding City policy. No follow-up action was required. The hotline received two additional calls, which would be reported in the next quarter. Council Member Schmid inquired whether the Human Resources Employee Benefits report would be available prior to the December 10, 2012 City Council meeting. LIVING IN VEHICLES COMMUNITY FORUM SEPTEMBER 15, 2011 COMMENT CARDS & FLIP CHART NOTES 1 COMMENT CARDS COMMENT How about the churches donate their parking lots for overnight parking for the homeless vans? I suggest that the van dwellers have a permit and are registered with the city just like the homeowners and renters. Right now we do not know who these people are living in front of our homes or down the street. Solutions should be provided to all affected area not just R-1 districts. Business and mixed used neighborhoods are also affected. Do nothing. Enforce the exiting laws to deal with those who are harassing people and violating the laws. People have same right to own a vehicle and use the public streets. To deny only poor people the right to own a vehicle and use the public street while allowing wealthy people is unconstitutional. I want to be a member of the task force. How many people are there sleeping in vehicles in Palo Alto? How many are causing concerns? Wheat can be done when someone does cause problems? Rumor-vans being rented by “van guys”? Future meetings should be at city facilities. Parking areas should be dispersed around the city. Solution: Corporate sponsorship of individuals and of programs. Compassion is very important. Is there any way that Palo Alto PD could step up enforcement on a case by case basis? I feel for the mother who is concerned about her children. What about creating specific “safety zones?” Industrial areas where homeless in vehicles can be directed rather than residential. Liked the idea of Baylands/designated areas, city supported and/or limited number in designated places. Separate the problem. Deal with each alone. First, sleeping in cars; second, deal with persons who exhibit criminal behavior; third where to park. Once that is done, bring these three together and resolve differences if needed. Problem is getting even worse with the economic downturn and the aging “baby boomers”. Look into nearby models-San Mateo County Mental Health; engage corporate models for funding; use the resources to extend what we have; H.I.P. Housing-a program in San Mateo to house homeless people. LIVING IN VEHICLES COMMUNITY FORUM SEPTEMBER 15, 2011 COMMENT CARDS & FLIP CHART NOTES 2 COMMENT I was thrown out of my house as a teenager. Homeless and afraid. I would not want to see other teenagers in that situation. Preschool Family, across from Cubberley at the Greendell site. Several car-dwellers are currently living right behind my classroom without causing any trouble recently. In the past, we have had homeless people sleeping on play structures, leaving trash, urinating and defecating in classroom doorways. Parents are concerned about safety for their children and themselves, since they come to at night. Improved lighting in the parking lot around the friends of the Library portable would be a good thing. As a private individual, I think the idea of several locations for small numbers of vehicles where dwellers have access to water and toilets and where social services /homeless outreach organizations would visit or a regular basis is good. It should also be possible to enforce laws about harassment against anybody who are in a threatening way to children or other people in the community. An issue that was not discussed is that of sanitation/hygiene. The city needs to provide toilets, water, showers, etc. for the car dwellers. Why is the P.D. unable to enforce the 72-hour rule with the person who owns the fleet of vans, that park on Staunton, Oxford and Cambridge in College Terrace? The City of Palo Alto should provide safe parking, toilets and showers for vehicle dwellers. Add a small tax or solicit subscription from residents. Many would be happy to donate. I’m homeless and live in my car. Safety. Praying for individuals to open their homes. Impact of van storage on neighborhood – health and safety issues causing at least one family to move out. One person with 12 vans started this problem. Don’t punish the rest of us. I’ve lived in an apartment 30 years-went homeless last year. Living outside and ideas on accommodating those with vehicles. Opportunity Center origins. I would like the staffs, the city council to be compassionate to the plight of the homeless as we are making effort to work on an alternative that work out for everybody. LIVING IN VEHICLES COMMUNITY FORUM SEPTEMBER 15, 2011 COMMENT CARDS & FLIP CHART NOTES 3 COMMENT If a person living in a vehicle near your residence began to rent a room out of the house next door and their vehicle remained on the street, how would that change your perception of that person and why? Parking during day-sprawl downtown. Slippery slope of what is objectionable. I would like to speak as a person who dwells in a vehicle. Am a teacher and resident in Palo Alto. Have a mentally ill adult son who is homeless. Palo Alto is part of the giant Santa Clara County and most services are in south county. Could there be process where we model a support network like San Mateo. Palo Alto’s criminalizing poverty without the support services needed is criminal. Wow. I guess I would like to say I feel very strongly about attempts to make every square inch the property of only those who own or have an interest in real property. It’s inhumane. I am an attorney and an entrepreneur and I will allow people to park on the street by my house. Will we make it over the mountain? 2 minutes, for students about research projects (in law, public health, technology and social entrepreneurship). I cried because I had no shoes, till I saw a man with no feet. In order to save money for 1st and last month rent: 1973 – Seven weeks sleeping in Volkswagen Square back with my family-3 children in San Mateo. 1975-One month sleeping with my family-3 children and two dogs (in between house rentals); 1979 – Winter-23 days in van with 3 children and two dogs (in between house rentals). I do not want a law that prevents folks from sleeping in their vehicle. My children’s experience with vans and cars on our street. Brown van experience with kids. Concern for community, housed and homeless. Working together to be of service to each other. Want to know-what ordinances currently exist that cover this issue? How many “car dwellers” are we talking about? Who has counted them? LIVING IN VEHICLES COMMUNITY FORUM SEPTEMBER 15, 2011 COMMENT CARDS & FLIP CHART NOTES 4 COMMENT I would like to see this as a social services issue instead of civil. But the homeowners do need some recourse to persons “behaving badly”. I have investigated several cities who have allowed 2-3 vehicles per lot and in each case the police refer to a social service center some are city run, one is faith based. This program has saved the City of Eugene, Oregon approximately $210k. They used to use up court time, towing services, etc. This is a possibility for progressive Palo Alto and perhaps the Opportunity Center could be the administrator of such a plan. Eugene Oregon has a program in which churches, businesses, government organizations and other organizations allow pre-approved people to park in their lots overnight. I would like Palo Alto to consider a similar program rather than a ban. I believe we can find good alternatives to an ordinance. Suggestions: It is important to get an accurate count of the vehicles involved. Deal with the “van” guy-there must be an ordinance that covers him. Do not criminalize homelessness-criminalize sleeping in cars in residential neighborhoods. Get help for community service officer. Have separate brainstorming meeting. FLIP CHART Case Management Outreach - Any person can become un-housed, we are already doing innovative things, we can find solutions; Palo Alto had ban on overnight parking; person in car is solution; neighborhoods relieved if equipped area. We are all compassionate. Cubberley facilities open without communication with Green Meadows; surge of people. Children feel unsafe around large numbers. Is Palo Alto a magnet? Many people still live in other areas. Many people have community ties, make contributions. Palo Alto as role model. There is a 72 hour parking limit and permit program in CT. Being homeless is not a crime. Individuals sharing space with homeless. Humanitarian, we are blessed. See us all help each other, share. Dalai Lama. Status quo is unacceptable. Problem is concentrated. Verbal assault of children from one individual. Police cannot respond with current laws. Shut down magnets, say to go to other services. Situations which are already enforceable. Parking limits. Identifying people’s individual needs, including mental health. It has worked with city and fire department to address panhandling, encourage people to join team. Peer to peer outreach in parking lots. Need to wait 48 hours. People can move. Children have to change routes, feel unsafe. Something needs to change. Experience LG in some neighborhoods. Don’t want Palo Alto to make it illegal to live in car. People have different reasons. Others who are housed can cause same incidents. LIVING IN VEHICLES COMMUNITY FORUM SEPTEMBER 15, 2011 COMMENT CARDS & FLIP CHART NOTES 5 Don’t need to put more in jail, do need to solve problem. Tragedy of the commons. Sleep on tarp rather than car? We can do better. Wrong to punish others for living in vehicles. Respond to incidents, not condemn group of people. Black holes out of reach. Address specific problem rather than criminalize all. Stored vehicle issue, not people. Has been going on for ten years in College Terrace. Strengthening 72 hour limit. 2008: Many more people illegal behaviors. Only one person who works with abandoned vehicles. Social service not civil issue. Look into programs other city does. City lots/church lots with rules/guidelines but with compassion. Part of CCT-Eugene, OR program for car dwellers. Ask parking info -1 law need to move vehicle every 72 hours-some areas have permits. 20-25 in PA have contact with on a regular basis. City has CS officer that responds to that issue. Neighbor-Addison- homeowner. Safety issue affects family-van on block-verbally assaulted kids. Access to restroom, children observed public urination. Concern for their safety. Live in CT long time-likes parking permit, but does not extend to commercial area – individual with 12 vans. CN zone in parking zone. Give police tools to deal with CT issue. Neighbor-Addison-also have kids who are afraid on man in vehicle. Man moves vehicle around every 72 hours. Has compassion. Needs to give police “tools” to deal with issue. Barron Park- Understands problem with person with 12 cars, but is willing to let person in front of his house. Stanford charter has looked into homeless issues for 10 years for projects that work on issue. Norm-living outside puts health at risk. If parking problem fix that . Look at Milpitas ordinance consider using some city parking garages. Palo Alto is a community that cares. Faith based group have cared. There are good and bad citizens. Need to come up with solution that is positive. Has lived in car. Never broken law. Bothers others. Not clean if parking or behavior issue. If ordinance passes, may be faced to live on streets. Punish people who case problems. But leave others alone. Car dweller-he does not cause problems. Deal with people causing problems. Son-homeless-mentally ill. Living in vehicle. Palo Alto services not wrap around. Redwood City has rapid re-housing. Need to come up with solutions. Not police based. Working with CCT-hard to tell housed and un-housed. Lives in CT-suggestion to deal with issue in CN Zone-was targeted by rock in window. They know why I live not visa versa. Solution should involve all local cities. Permit parking-more areas. Street outreach from Stanford. Community can come up with solutions. Think about values that city holds and uphold for all citizens. Oregon program. LIVING IN VEHICLES SECOND COMMUNITY FORUM JUNE 26, 2012 COMMENT CARDS AND NOTES 1 QUESTIONS Q: Is Palo Alto the only City that does not have a similar ordinance in Santa Clara County? A: It is the City’s understanding that Palo Alto is the only City along the Peninsula that does not have such an ordinance. Q: Has anyone challenged these ordinances? If so, what has been the result? Has there been grass root opposition? A: Don Larkin is not aware of any. It is unknown if there has been grass root opposition on these other ordinances. Q: What is the Status Quo? A: No ordinance prohibiting living in vehicles. The primary regulation is the 72 hours or more parking limit. The second are general violations such as urinating in public or other nuisances. Q: How many complaints have been received in the last year? A: It is difficult to provide a specific number. The Police Department does not keep statistics separately and they do not track whether they are unhoused. Q: How did City staff reach out to the Faith Based Community? Why does the program only identify “places of worship” A: Rick Toker provided a contact list for the 42 various congregations. City property was not considered due to the cost associated with maintenance and monitoring. COMMENT CARDS I would like to make a brief statement outlining my most important reasons for opposing the vehicle dwelling ban portions of the proposed City Ordinance- I’ve been living in my vehicle for the past 2 years. I’m 64 years old and on the waitlist for senior housing. I’m against the ordinance because it will not solve the problem but would aggravate the situation worse. Vehicle dwelling; the problems of poverty and job loss I wanted to share recent experience learning about other community’s obstacles in enforcing such an ordinance. I also wanted to express Downtown Streets Team’s willingness to help out. Having lived in Palo Alto since 1960, I know it to be a caring community which does not want to criminalize good people. Many years of experience working as an RN. Concerned about the health of those living in vehicles and how it could decline further if forced to the streets. Also remember many living in vehicles are employed and can’t afford the high rents in the area. With large layoff like the ones at HP’s many people who have homes today could find themselves living in their vehicles. I do not want vehicle habitation to become a crime. Why? My outreach experience with the unhoused. LIVING IN VEHICLES SECOND COMMUNITY FORUM JUNE 26, 2012 COMMENT CARDS AND NOTES 2 Legal view 1) How many complaints; 2) Church vs. public lots; 3) ; 4)personal experience Newspaper article on motor home example in Palo Alto Living in vehicles is not a problem it is the result of a lack of housing. Why 1st Presbyterian Church of Palo Alto said yes the Pilot Program Seems to be enough support here. Each person who supports vehicle residents to take them home to their driveway and use their bathrooms. ADDITIONAL COMMENTS  A suggestion was made that if churches are going to participate in such a program then they should outline a plan of how to approach their neighbors before making a commitment.  When First Presbyterian Church started their Wednesday meal program there was a firestorm.  Having a program that can be controlled will give people a sense of security and wellbeing.  In land use controversy “one side out organizes the other.” Willing to participate in outreaching. Suggestion that the community does everything and pulls together. Staff can’t be expected to do the outreach as it would not be fair to staff.  The pilot program discussed was not a consensus of the Working Group. Eugene Code 4-81 8/2/2011 the use of any tent, lean-to, shack, or any other structure, or any vehicle or part thereof. (2) It is found and declared that: (a) From time to time persons establish campsites on sidewalks, public rights-of-way, under bridges, and so forth; (b) Such persons, by such actions create unsafe and unsanitary living conditions which pose a threat to the peace, health and safety of themselves and the community; and, (c) The enactment of this provision is necessary to protect the peace, health and safety of the city and its inhabitants. (3) No person shall camp in or upon any sidewalk, street, alley, lane, public right-of-way, park or any other publicly-owned property or under any bridge or viaduct, unless otherwise specifically authorized by this code or by declaration of the Mayor in emergency circumstances. (4) Upon finding it to be in the public interest and consistent with council goals and policies, the council may, by motion, exempt a special event from the prohibitions of this section. The motion shall specify the period of time and location covered by the exemption. (Section 4.815 amended by Ordinance No. 19163, enacted July 11, 1983; and Ordinance 20062, enacted September 16, 1996, effective October 16, 1996.) 4.816 Permitted Overnight Sleeping. (1) Notwithstanding any other provision of this code: (a) Persons may sleep overnight in a vehicle, camper or trailer in a parking lot of a religious institution, place of worship, business or public entity that owns or leases property on which a parking lot and occupied structure are located, with permission of the property owner. The property owner may not grant permission for more than three vehicles used for sleeping at any one time. (b) Persons may sleep overnight in the back yard of a single family residence in a residential zoning district, with permission of the owner and tenant of the residence. Not more than one family may sleep in any back yard, and not more than one tent or camping shelter may be used for sleeping in the back yard. As an alternative, but not in addition to sleeping overnight in the back yard, not more than one family may sleep in a vehicle, camper or trailer parked in the driveway of a single family residence in a residential zoning district, with permission of the owner and tenant of the residence. For purposes of this subsection, “family” means persons related by blood or marriage, or no more than two unrelated adults. (c) Persons may sleep overnight in a vehicle, camper or trailer on a paved or graveled surface located on a vacant or unoccupied parcel, with the permission of the property owner, if the owner registers the site with the city or its agent. The city may require the site to be part of a supervised program operated by the city or Eugene Code 4-82 8/2/2011 its agent. The property owner may not grant permission for more than three vehicles used for sleeping at any one time. (2) A property owner who allows a person or persons to sleep overnight on a property pursuant to subsections (1)(a), (1)(b) or (1)(c) of this section shall: (a) Provide or make available sanitary facilities; (b) Provide garbage disposal services as required by sections 6.050 and 6.055 of this code; (c) Provide a storage area for campers to store any personal items so the items are not visible from any public street; (d) Require a tent or camping shelter in a backyard to be not less than five feet away from any property line; and (e) Not require payment of any fee, rent or other monetary charge for overnight sleeping, as authorized by this section. (3) A property owner who permits overnight sleeping pursuant to subsection (1) and (2) of this section, may revoke that permission at any time and for any reason. Any person who receives permission to sleep on that property as provided in this section shall leave the property immediately after permission has been revoked. (4) Notwithstanding any other provision of this section, the city manager or the manager’s designee may: (a) Prohibit overnight sleeping on a property if the city finds that such an activity on that property is incompatible with the uses of adjacent properties or constitutes a nuisance or other threat to the public welfare; or (b) Revoke permission for a person to sleep overnight on city-owned property if the city finds that the person has violated any applicable law, ordinance, rule, guideline or agreement, or that the activity is incompatible with the use of the property or adjacent properties. (5) The city manager or the manager’s designee may impose administrative civil penalties on property owners who fail to comply with the requirements of subsections (1) and (2) of this section, as provided in section 2.018 of this code. (6) In addition to any other penalties that may be imposed, any campsite used for overnight sleeping in a manner not authorized by this section or other provisions of this code shall constitute a nuisance and may be abated as such. As used in this section, “campsite” has the meaning given in section 4.815 of this code. (7) The city manager may adopt administrative rules in the manner provided in section 2.019 of this code to implement this section. (8) With authorization from the city manager or designee in connection with a specific special event, persons may sleep overnight on public property which has a community center, swimming pool, or other city- operated athletic facility located thereon at which the special event is Eugene Code 4-83 8/2/2011 being held. The authorization shall be limited to no more than eight days in any two-week period. (9) Nothing in section 4.815 or 4.816 of this code creates any duty on the part of the city or its agents to ensure the protection of persons or property with regard to permitted overnight sleeping. (Section 4.816 added by Ordinance No. 20130, enacted August 5, 1998; and amended by Ordinance No. 20255, enacted June 10, 2002, effective July 10, 2002.) 4.820 Petty Larceny. (Section 4.820 amended by Ordinance No. 19500, enacted September 28, 1987; administratively amended by Ordinance No. 20113, enacted April 6, 1998, effective May 6, 1998; and amended by Ordinance No. 20161, enacted July 26, 1999, effective August 26, 1999; and repealed by Ordinance No. 20446, enacted December 14, 2009, effective January 1, 2010.) 4.822 Theft. (1)Theft in the Third Degree. A person commits the crime of theft in the third degree if the total value of the property in a single or an aggregate transaction is less than $100, and the person, by means other than extortion, with the intent to deprive another of property or to appropriate property to the person or a third person: (a) Takes, appropriates, obtains or withholds such property from an owner thereof; or (b) Comes into control of property of another that the person knows or has good reason to know to have been lost, mislaid or delivered under a mistake as to the nature or amount of the property or the identity of the recipient, and with the intent to deprive the owner thereof fails to take reasonable measures to restore the property to the owner; or (c) Obtains property of another, and with the intent to defraud: 1. Creates or confirms another’s false impression of law, value, intention or other state of mind which the actor does not believe to be true; or 2. Fails to correct a false impression which the person previously created or confirmed; or 3. Prevents another from acquiring information pertinent to the disposition of the property involved; or 4. Sells or otherwise transfers or encumbers property, failing to disclose a lien, adverse claim or other legal impediment to the enjoyment of the property, whether such impediment is or is not valid, or is or is not a matter of official record; or 5. Promises performance which the person does not intend to perform or knows will not be performed. (d) Receives, retains, conceals or disposes of property of another knowing or having good reason to know that the property was the subject of theft. For purposes of this subsection, “receiving” City of Palo Alto (ID # 2211) Policy and Services Committee Staff Report Report Type: Meeting Date: 11/15/2011 November 15, 2011 Page 1 of 3 (ID # 2211) Summary Title: Habitation of Vehicles Ordinance Title: Status of Habitation in Vehicles Ordinance/Programs From: City Manager Lead Department: Planning and Community Environment Recommendation This is an informational report to provide a status on the Human Habitation in Vehicles Ordinance and related programs. No action is required. Staff will return with specific proposals following further community outreach. Background Over the past several years there have been a number of incidents reported by residents and business owners related to alleged disturbances by persons living in vehicles in or near residential neighborhoods and commercial districts. Specific incidents have sometimes been troublesome for residents and businesses, in some cases including public urination, trespassing, belligerent behavior, or other actions that are perceived as threats to safety or health. The Police Department does not track these complaints, so there is not an accurate measure of the number and frequency of calls, but Police estimate that there are about 20 vehicle dwellers who are scattered throughout the city. Accordingly to homeless advocates, however, there are probably about 100 vehicle dwellers in total, so for the most part such persons are peaceful, do not bother residents, and in some cases provide helpful services to the community. Some of the complaints, particularly in the College Terrace neighborhood, also relate to parking an excessive number of vehicles in the area. In July of 2011, a draft ordinance was prepared to address complaints received by residents and businesses. The draft ordinance would have prohibited human habitation of vehicles, with limited exceptions, and was modeled after similar ordinances in other cities located within Santa Clara County and San Mateo County. Currently, the City of Palo Alto appears to be the only city located in Santa Clara County that does not have an ordinance addressing this issue. The City’s current requirements do not limit sleeping or living in a vehicle, but do prohibit parking a vehicle in the same space for more than 72 hours. The vehicle dwellers of concern, however, are aware of the regulations and are able to move their vehicles to comply with the 72-hour limit. The Police Department therefore is only able to approach these cases as complaints arise and generally attempt to address the individual cases by contacting the vehicle dweller and, if they are available at the time, referring them to local shelters and service November 15, 2011 Page 2 of 3 (ID # 2211) providers. In most cases, the vehicle dweller does not take advantage of those services, but sometimes they are persuaded to move and then relocate to another neighborhood. Staff scheduled consideration of the draft ordinance for Council review on July 25, 2011. Homeless residents and advocates, however, voiced their opinions to the City Council before that date that an alternative solution be proposed and that additional community outreach be pursued. The City Manager then requested that the City Council remove the item from the July 25, 2011 meeting in order to allow additional community outreach, including discussions with the Community Cooperation Team (homeless advocates) before an ordinance or other approach is presented and a decision on the matter is rendered. The Council concurred and suggested that the matter should also be reviewed by the Policy and Services Committee in advance of full Council review. Discussion A working group has been established, comprised of various stakeholders in order to provide input to City Staff. The working group includes representation from the unhoused community, local social service providers, neighborhood residents, businesses, and the faith based community, as well as City staff (Planning, Police, City Attorney and Community Services departments). To date, a community forum and two working group meetings have taken place to obtain additional input and to discuss alternative solutions. Another working group meeting is scheduled for the morning of November 15th and a verbal report will be provided to the Committee that evening. Community Forum On September 15, 2011, the City in conjunction with the Community Cooperation Team held a “Living in Vehicles Community Forum” to invite public comment regarding individuals living in their vehicles and others affected by these activities. The goal of the meeting was to reach out to the community and discuss issues and approaches to address problems experienced by both persons living in vehicles and affected residents and businesses. Approximately sixty individuals participated in the forum. The meeting notes are appended to this update as Attachment “A”. A website has been established on the Community Services Department at: http://www.cityofpaloalto.org/depts/csd/news/details.asp?NewsID=1882&TargetID=271. Working Group On October 26, 2011, the expanded working group held a meeting to define and frame the issue and continue the conversation about plausible solutions and/or options. There was a general consensus that there were multiple issues at hand and clearly defining the problem was the first step. Specifically, a distinction was made between a) the parking and storage of multiple vehicles in or around certain commercial/residential areas and b) people living in their vehicles and parking within residential and/or commercial neighborhoods. Distinctions were also drawn to recognize that the majority of vehicle dwellers are not causing any problems, while there are valid safety, security and health concerns of neighbors and businesses that are affected by the minority of vehicle dwellers. November 15, 2011 Page 3 of 3 (ID # 2211) Members of the Community Cooperation Team have offered suggestions for an ordinance modeled after Eugene, Oregon’s Camping Ordinance. The ordinance would allow private businesses, places of worship, and government facilities to designate parking to accommodate either three medium vehicles or one large vehicle on the property. Providers of these parking spaces would govern their property and issue approval letters with corresponding dates and any required provisions. Concurrently, the City’s Community Service Officer would serve as a facilitator for those living in their vehicles by providing a list of approved parking lots and social service programs. The group will also discuss how parking regulations might be modified to address some of the specific parking-related issues. Other approaches, including something similar to the original draft ordinance, are also still to be discussed. The second expanded working group meeting is scheduled for November 15, 2011 to further review these options and discuss the potential implications of each. Next Steps Staff expects to conduct one more working group meeting, and then to present options at a community meeting in December or early January 2012. A final working group meeting would follow prior to staff’s presentation of a recommended program to the Policy and Services Committee in February. Attachments: •Attachment A: September 15, 2011 Community Forum Notes (PDF) •Public Doc (PDF) Prepared By: Curtis Williams, Director Department Head: Curtis Williams, Director City Manager Approval: James Keene, City Manager LI V I N G I N V E H I C L E S C O M M U N I T Y F O R U M SE P T E M B E R 1 5 , 2 0 1 1 CO M M E N T C A R D S & F L I P C H A R T N O T E S 1 CO M M E N T C A R D S C O M M E N T Ho w a b o u t t h e c h u r c h e s d o n a t e t h e i r p a r k i n g l o t s f o r o v e r n i g h t p a r k i n g f o r t h e h o m e l e s s v a n s ? I su g g e s t t h a t t h e v a n d w e l l e r s h a v e a p e r m i t a n d a r e r e g i s t e r e d w i t h t h e c i t y j u s t l i k e t h e ho m e o w n e r s a n d r e n t e r s . R i g h t n o w w e d o n o t k n o w w h o t h e s e p e o p l e a r e l i v i n g i n f r o n t o f o u r ho m e s o r d o w n t h e s t r e e t . So l u t i o n s s h o u l d b e p r o v i d e d t o a l l a f f e c t e d a r e a n o t j u s t R - 1 d i s t r i c t s . B u s i n e s s a n d m i x e d u s e d ne i g h b o r h o o d s a r e a l s o a f f e c t e d . Do n o t h i n g . E n f o r c e t h e e x i t i n g l a w s t o d e a l w i t h t h o s e w h o a r e h a r a s s i n g p e o p l e a n d v i o l a t i n g t h e la w s . P e o p l e h a v e s a m e r i g h t t o o w n a v e h i c l e a n d u s e t h e p u b l i c s t r e e t s . T o d e n y o n l y p o o r pe o p l e t h e r i g h t t o o w n a v e h i c l e a n d u s e t h e p u b l i c s t r e e t w h i l e a l l o w i n g w e a l t h y p e o p l e i s un c o n s t i t u t i o n a l . I w a n t t o b e a m e m b e r o f t h e t a s k f o r c e . Ho w m a n y p e o p l e a r e t h e r e s l e e p i n g i n v e h i c l e s i n P a l o A l t o ? H o w m a n y a r e c a u s i n g c o n c e r n s ? Wh e a t c a n b e d o n e w h e n s o m e o n e d o e s c a u s e p r o b l e m s ? R u m o r - v a n s b e i n g r e n t e d b y “ v a n gu y s ” ? F u t u r e m e e t i n g s s h o u l d b e a t c i t y f a c i l i t i e s . P a r k i n g a r e a s s h o u l d b e d i s p e r s e d a r o u n d t h e ci t y . So l u t i o n : C o r p o r a t e s p o n s o r s h i p o f i n d i v i d u a l s a n d o f p r o g r a m s . Co m p a s s i o n i s v e r y i m p o r t a n t . I s t h e r e a n y w a y t h a t P a l o A l t o P D c o u l d s t e p u p e n f o r c e m e n t o n a ca s e b y c a s e b a s i s ? I f e e l f o r t h e m o t h e r w h o i s c o n c e r n e d a b o u t h e r c h i l d r e n . W h a t a b o u t cr e a t i n g s p e c i f i c “ s a f e t y z o n e s ? ” I n d u s t r i a l a r e a s w h e r e h o m e l e s s i n v e h i c l e s c a n b e d i r e c t e d ra t h e r t h a n r e s i d e n t i a l . Li k e d t h e i d e a o f B a y l a n d s / d e s i g n a t e d a r e a s , c i t y s u p p o r t e d a n d / o r l i m i t e d n u m b e r i n d e s i g n a t e d pl a c e s . Se p a r a t e t h e p r o b l e m . D e a l w i t h e a c h a l o n e . F i r s t , s l e e p i n g i n c a r s ; s e c o n d , d e a l w i t h p e r s o n s wh o e x h i b i t c r i m i n a l b e h a v i o r ; t h i r d w h e r e t o p a r k . O n c e t h a t i s d o n e , b r i n g t h e s e t h r e e t o g e t h e r an d r e s o l v e d i f f e r e n c e s i f n e e d e d . Pr o b l e m i s g e t t i n g e v e n w o r s e w i t h t h e e c o n o m i c d o w n t u r n a n d t h e a g i n g “ b a b y b o o m e r s ” . L o o k in t o n e a r b y m o d e l s - S a n M a t e o C o u n t y M e n t a l H e a l t h ; e n g a g e c o r p o r a t e m o d e l s f o r f u n d i n g ; u s e th e r e s o u r c e s t o e x t e n d w h a t w e h a v e ; H . I . P . H o u s i n g - a p r o g r a m i n S a n M a t e o t o h o u s e h o m e l e s s pe o p l e . LI V I N G I N V E H I C L E S C O M M U N I T Y F O R U M SE P T E M B E R 1 5 , 2 0 1 1 CO M M E N T C A R D S & F L I P C H A R T N O T E S 2 C O M M E N T I w a s t h r o w n o u t o f m y h o u s e a s a t e e n a g e r . H o m e l e s s a n d a f r a i d . I w o u l d n o t w a n t t o s e e o t h e r te e n a g e r s i n t h a t s i t u a t i o n . Pr e s c h o o l F a m i l y , a c r o s s f r o m C u b b e r l e y a t t h e G r e e n d e l l s i t e . S e v e r a l c a r - d w e l l e r s a r e c u r r e n t l y li v i n g r i g h t b e h i n d m y c l a s s r o o m w i t h o u t c a u s i n g a n y t r o u b l e r e c e n t l y . I n t h e p a s t , w e h a v e h a d ho m e l e s s p e o p l e s l e e p i n g o n p l a y s t r u c t u r e s , l e a v i n g t r a s h , u r i n a t i n g a n d d e f e c a t i n g i n c l a s s r o o m do o r w a y s . P a r e n t s a r e c o n c e r n e d a b o u t s a f e t y f o r t h e i r c h i l d r e n a n d t h e m s e l v e s , s i n c e t h e y c o m e to a t n i g h t . I m p r o v e d l i g h t i n g i n t h e p a r k i n g l o t a r o u n d t h e f r i e n d s o f t h e L i b r a r y p o r t a b l e w o u l d b e a g o o d t h i n g . A s a p r i v a t e i n d i v i d u a l , I t h i n k t h e i d e a o f s e v e r a l l o c a t i o n s f o r s m a l l n u m b e r s o f ve h i c l e s w h e r e d w e l l e r s h a v e a c c e s s t o w a t e r a n d t o i l e t s a n d w h e r e s o c i a l s e r v i c e s / h o m e l e s s ou t r e a c h o r g a n i z a t i o n s w o u l d v i s i t o r a r e g u l a r b a s i s i s g o o d . I t s h o u l d a l s o b e p o s s i b l e t o e n f o r c e la w s a b o u t h a r a s s m e n t a g a i n s t a n y b o d y w h o a r e i n a t h r e a t e n i n g w a y t o c h i l d r e n o r o t h e r p e o p l e in t h e c o m m u n i t y . An i s s u e t h a t w a s n o t d i s c u s s e d i s t h a t o f s a n i t a t i o n / h y g i e n e . T h e c i t y n e e d s t o p r o v i d e t o i l e t s , wa t e r , s h o w e r s , e t c . f o r t h e c a r d w e l l e r s . W h y i s t h e P . D . u n a b l e t o e n f o r c e t h e 7 2 - h o u r r u l e w i t h th e p e r s o n w h o o w n s t h e f l e e t o f v a n s , t h a t p a r k o n S t a u n t o n , O x f o r d a n d C a m b r i d g e i n C o l l e g e Te r r a c e ? Th e C i t y o f P a l o A l t o s h o u l d p r o v i d e s a f e p a r k i n g , t o i l e t s a n d s h o w e r s f o r v e h i c l e d w e l l e r s . A d d a sm a l l t a x o r s o l i c i t s u b s c r i p t i o n f r o m r e s i d e n t s . M a n y w o u l d b e h a p p y t o d o n a t e . I’ m h o m e l e s s a n d l i v e i n m y c a r . S a f e t y . Pr a y i n g f o r i n d i v i d u a l s t o o p e n t h e i r h o m e s . Im p a c t o f v a n s t o r a g e o n n e i g h b o r h o o d – h e a l t h a n d s a f e t y i s s u e s c a u s i n g a t l e a s t o n e f a m i l y t o mo v e o u t . On e p e r s o n w i t h 1 2 v a n s s t a r t e d t h i s p r o b l e m . D o n ’ t p u n i s h t h e r e s t o f u s . I ’ v e l i v e d i n a n ap a r t m e n t 3 0 y e a r s - w e n t h o m e l e s s l a s t y e a r . Li v i n g o u t s i d e a n d i d e a s o n a c c o m m o d a t i n g t h o s e w i t h v e h i c l e s . Op p o r t u n i t y C e n t e r o r i g i n s . I w o u l d l i k e t h e s t a f f s , t h e c i t y c o u n c i l t o b e c o m p a s s i o n a t e t o t h e p l i g h t o f t h e h o m e l e s s a s w e a r e ma k i n g e f f o r t t o w o r k o n a n a l t e r n a t i v e t h a t w o r k o u t f o r e v e r y b o d y . LI V I N G I N V E H I C L E S C O M M U N I T Y F O R U M SE P T E M B E R 1 5 , 2 0 1 1 CO M M E N T C A R D S & F L I P C H A R T N O T E S 3 C O M M E N T If a p e r s o n l i v i n g i n a v e h i c l e n e a r y o u r r e s i d e n c e b e g a n t o r e n t a r o o m o u t o f t h e h o u s e n e x t d o o r an d t h e i r v e h i c l e r e m a i n e d o n t h e s t r e e t , h o w w o u l d t h a t c h a n g e y o u r p e r c e p t i o n o f t h a t p e r s o n an d w h y ? Pa r k i n g d u r i n g d a y - s p r a w l d o w n t o w n . S l i p p e r y s l o p e o f w h a t i s o b j e c t i o n a b l e . I w o u l d l i k e t o s p e a k a s a p e r s o n w h o d w e l l s i n a v e h i c l e . Am a t e a c h e r a n d r e s i d e n t i n P a l o A l t o . H a v e a m e n t a l l y i l l a d u l t s o n w h o i s h o m e l e s s . P a l o A l t o is p a r t o f t h e g i a n t S a n t a C l a r a C o u n t y a n d m o s t s e r v i c e s a r e i n s o u t h c o u n t y . C o u l d t h e r e b e pr o c e s s w h e r e w e m o d e l a s u p p o r t n e t w o r k l i k e S a n M a t e o . P a l o A l t o ’ s c r i m i n a l i z i n g p o v e r t y wi t h o u t t h e s u p p o r t s e r v i c e s n e e d e d i s c r i m i n a l . Wo w . I g u e s s I w o u l d l i k e t o s a y I f e e l v e r y s t r o n g l y a b o u t a t t e m p t s t o m a k e e v e r y s q u a r e i n c h t h e pr o p e r t y o f o n l y t h o s e w h o o w n o r h a v e a n i n t e r e s t i n r e a l p r o p e r t y . I t ’ s i n h u m a n e . I a m a n at t o r n e y a n d a n e n t r e p r e n e u r a n d I w i l l a l l o w p e o p l e t o p a r k o n t h e s t r e e t b y m y h o u s e . Wi l l w e m a k e i t o v e r t h e m o u n t a i n ? 2 m i n u t e s , f o r s t u d e n t s a b o u t r e s e a r c h p r o j e c t s ( i n l a w , p u b l i c h e a l t h , t e c h n o l o g y a n d s o c i a l en t r e p r e n e u r s h i p ) . I c r i e d b e c a u s e I h a d n o s h o e s , t i l l I s a w a m a n w i t h n o f e e t . In o r d e r t o s a v e m o n e y f o r 1 st a n d l a s t m o n t h r e n t : 1 9 7 3 – S e v e n w e e k s s l e e p i n g i n V o l k s w a g e n Sq u a r e b a c k w i t h m y f a m i l y - 3 c h i l d r e n i n S a n M a t e o . 1 9 7 5 - O n e m o n t h s l e e p i n g w i t h m y f a m i l y - 3 ch i l d r e n a n d t w o d o g s ( i n b e t w e e n h o u s e r e n t a l s ) ; 1 9 7 9 – W i n t e r - 2 3 d a y s i n v a n w i t h 3 c h i l d r e n an d t w o d o g s ( i n b e t w e e n h o u s e r e n t a l s ) . I d o n o t w a n t a l a w t h a t p r e v e n t s f o l k s f r o m s l e e p i n g i n th e i r v e h i c l e . My c h i l d r e n ’ s e x p e r i e n c e w i t h v a n s a n d c a r s o n o u r s t r e e t . Br o w n v a n e x p e r i e n c e w i t h k i d s . Co n c e r n f o r c o m m u n i t y , h o u s e d a n d h o m e l e s s . W o r k i n g t o g e t h e r t o b e o f s e r v i c e t o e a c h o t h e r . Wa n t t o k n o w - w h a t o r d i n a n c e s c u r r e n t l y e x i s t t h a t c o v e r t h i s i s s u e ? H o w m a n y “ c a r d w e l l e r s ” a r e we t a l k i n g a b o u t ? W h o h a s c o u n t e d t h e m ? LI V I N G I N V E H I C L E S C O M M U N I T Y F O R U M SE P T E M B E R 1 5 , 2 0 1 1 CO M M E N T C A R D S & F L I P C H A R T N O T E S 4 C O M M E N T I w o u l d l i k e t o s e e t h i s a s a s o c i a l s e r v i c e s i s s u e i n s t e a d o f c i v i l . B u t t h e h o m e o w n e r s d o n e e d so m e r e c o u r s e t o p e r s o n s “ b e h a v i n g b a d l y ” . I h a v e i n v e s t i g a t e d s e v e r a l c i t i e s w h o h a v e a l l o w e d 2- 3 v e h i c l e s p e r l o t a n d i n e a c h c a s e t h e p o l i c e r e f e r t o a s o c i a l s e r v i c e c e n t e r s o m e a r e c i t y r u n , on e i s f a i t h b a s e d . T h i s p r o g r a m h a s s a v e d t h e C i t y o f E u g e n e , O r e g o n a p p r o x i m a t e l y $ 2 1 0 k . Th e y u s e d t o u s e u p c o u r t t i m e , t o w i n g s e r v i c e s , e t c . T h i s i s a p o s s i b i l i t y f o r p r o g r e s s i v e P a l o A l t o an d p e r h a p s t h e O p p o r t u n i t y C e n t e r c o u l d b e t h e a d m i n i s t r a t o r o f s u c h a p l a n . Eu g e n e O r e g o n h a s a p r o g r a m i n w h i c h c h u r c h e s , b u s i n e s s e s , g o v e r n m e n t o r g a n i z a t i o n s a n d ot h e r o r g a n i z a t i o n s a l l o w p r e - a p p r o v e d p e o p l e t o p a r k i n t h e i r l o t s o v e r n i g h t . I w o u l d l i k e P a l o A l t o to c o n s i d e r a s i m i l a r p r o g r a m r a t h e r t h a n a b a n . I b e l i e v e w e c a n f i n d g o o d a l t e r n a t i v e s t o a n o r d i n a n c e . S u g g e s t i o n s : I t i s i m p o r t a n t t o g e t a n ac c u r a t e c o u n t o f t h e v e h i c l e s i n v o l v e d . D e a l w i t h t h e “ v a n ” g u y - t h e r e m u s t b e a n o r d i n a n c e t h a t co v e r s h i m . D o n o t c r i m i n a l i z e h o m e l e s s n e s s - c r i m i n a l i z e s l e e p i n g i n c a r s i n r e s i d e n t i a l ne i g h b o r h o o d s . G e t h e l p f o r c o m m u n i t y s e r v i c e o f f i c e r . H a v e s e p a r a t e b r a i n s t o r m i n g m e e t i n g . FL I P C H A R T Ca s e M a n a g e m e n t O u t r e a c h - A n y p e r s o n c a n b e c o m e u n - h o u s e d , w e a r e a l r e a d y d o i n g i n n o v a t i v e t h i n g s , w e c a n f i n d so l u t i o n s ; P a l o A l t o h a d b a n o n o v e r n i g h t p a r k i n g ; p e r s o n i n c a r i s s o l u t i o n ; n e i g h b o r h o o d s r e l i e v e d i f e q u i p p e d a r e a . We a r e a l l c o m p a s s i o n a t e . C u b b e r l e y f a c i l i t i e s o p e n w i t h o u t c o m m u n i c a t i o n w i t h G r e e n M e a d o w s ; s u r g e o f p e o p l e . Ch i l d r e n f e e l u n s a f e a r o u n d l a r g e n u m b e r s . Is P a l o A l t o a m a g n e t ? M a n y p e o p l e s t i l l l i v e i n o t h e r a r e a s . M a n y p e o p l e h a v e c o m m u n i t y t i e s , m a k e c o n t r i b u t i o n s . P a l o Al t o a s r o l e m o d e l . T h e r e i s a 7 2 h o u r p a r k i n g l i m i t a n d p e r m i t p r o g r a m i n C T . Be i n g h o m e l e s s i s n o t a c r i m e . I n d i v i d u a l s s h a r i n g s p a c e w i t h h o m e l e s s . H u m a n i t a r i a n , w e a r e b l e s s e d . S e e u s a l l h e l p ea c h o t h e r , s h a r e . D a l a i L a m a . S t a t u s q u o i s u n a c c e p t a b l e . P r o b l e m i s c o n c e n t r a t e d . V e r b a l a s s a u l t o f c h i l d r e n f r o m on e i n d i v i d u a l . P o l i c e c a n n o t r e s p o n d w i t h c u r r e n t l a w s . Sh u t d o w n m a g n e t s , s a y t o g o t o o t h e r s e r v i c e s . S i t u a t i o n s w h i c h a r e a l r e a d y e n f o r c e a b l e . P a r k i n g l i m i t s . I d e n t i f y i n g pe o p l e ’ s i n d i v i d u a l n e e d s , i n c l u d i n g m e n t a l h e a l t h . I t h a s w o r k e d w i t h c i t y a n d f i r e d e p a r t m e n t t o a d d r e s s p a n h a n d l i n g , en c o u r a g e p e o p l e t o j o i n t e a m . P e e r t o p e e r o u t r e a c h i n p a r k i n g l o t s . Ne e d t o w a i t 4 8 h o u r s . P e o p l e c a n m o v e . C h i l d r e n h a v e t o c h a n g e r o u t e s , f e e l u n s a f e . S o m e t h i n g n e e d s t o c h a n g e . Ex p e r i e n c e L G i n s o m e n e i g h b o r h o o d s . D o n ’ t w a n t P a l o A l t o t o m a k e i t i l l e g a l t o l i v e i n c a r . P e o p l e h a v e d i f f e r e n t re a s o n s . O t h e r s w h o a r e h o u s e d c a n c a u s e s a m e i n c i d e n t s . LI V I N G I N V E H I C L E S C O M M U N I T Y F O R U M SE P T E M B E R 1 5 , 2 0 1 1 CO M M E N T C A R D S & F L I P C H A R T N O T E S 5 Do n ’ t n e e d t o p u t m o r e i n j a i l , d o n e e d t o s o l v e p r o b l e m . T r a g e d y o f t h e c o m m o n s . S l e e p o n t a r p r a t h e r t h a n c a r ? W e ca n d o b e t t e r . W r o n g t o p u n i s h o t h e r s f o r l i v i n g i n v e h i c l e s . R e s p o n d t o i n c i d e n t s , n o t c o n d e m n g r o u p o f p e o p l e . B l a c k ho l e s o u t o f r e a c h . Ad d r e s s s p e c i f i c p r o b l e m r a t h e r t h a n c r i m i n a l i z e a l l . S t o r e d v e h i c l e i s s u e , n o t p e o p l e . H a s b e e n g o i n g o n f o r t e n y e a r s i n Co l l e g e T e r r a c e . S t r e n g t h e n i n g 7 2 h o u r l i m i t . 2 0 0 8 : M a n y m o r e p e o p l e i l l e g a l b e h a v i o r s . O n l y o n e p e r s o n w h o w o r k s wi t h a b a n d o n e d v e h i c l e s . So c i a l s e r v i c e n o t c i v i l i s s u e . L o o k i n t o p r o g r a m s o t h e r c i t y d o e s . C i t y l o t s / c h u r c h l o t s w i t h r u l e s / g u i d e l i n e s b u t w i t h co m p a s s i o n . P a r t o f C C T - E u g e n e , O R p r o g r a m f o r c a r d w e l l e r s . A s k p a r k i n g i n f o - 1 l a w n e e d t o m o v e v e h i c l e e v e r y 7 2 ho u r s - s o m e a r e a s h a v e p e r m i t s . 20 - 2 5 i n P A h a v e c o n t a c t w i t h o n a r e g u l a r b a s i s . C i t y h a s C S o f f i c e r t h a t r e s p o n d s t o t h a t i s s u e . N e i g h b o r - A d d i s o n - ho m e o w n e r . S a f e t y i s s u e a f f e c t s f a m i l y - v a n o n b l o c k - v e r b a l l y a s s a u l t e d k i d s . A c c e s s t o r e s t r o o m , c h i l d r e n o b s e r v e d pu b l i c u r i n a t i o n . C o n c e r n f o r t h e i r s a f e t y . L i v e i n C T l o n g t i m e - l i k e s p a r k i n g p e r m i t , b u t d o e s n o t e x t e n d t o c o m m e r c i a l ar e a – i n d i v i d u a l w i t h 1 2 v a n s . C N z o n e i n p a r k i n g z o n e . Gi v e p o l i c e t o o l s t o d e a l w i t h C T i s s u e . N e i g h b o r - A d d i s o n - a l s o h a v e k i d s w h o a r e a f r a i d o n m a n i n v e h i c l e . M a n m o v e s ve h i c l e a r o u n d e v e r y 7 2 h o u r s . H a s c o m p a s s i o n . N e e d s t o g i v e p o l i c e “ t o o l s ” t o d e a l w i t h i s s u e . B a r r o n P a r k - Un d e r s t a n d s p r o b l e m w i t h p e r s o n w i t h 1 2 c a r s , b u t i s w i l l i n g t o l e t p e r s o n i n f r o n t o f h i s h o u s e . St a n f o r d c h a r t e r h a s l o o k e d i n t o h o m e l e s s i s s u e s f o r 1 0 y e a r s f o r p r o j e c t s t h a t w o r k o n i s s u e . N o r m - l i v i n g o u t s i d e p u t s he a l t h a t r i s k . I f p a r k i n g p r o b l e m f i x t h a t . L o o k a t M i l p i t a s o r d i n a n c e c o n s i d e r u s i n g s o m e c i t y p a r k i n g g a r a g e s . Pa l o A l t o i s a c o m m u n i t y t h a t c a r e s . F a i t h b a s e d g r o u p h a v e c a r e d . T h e r e a r e g o o d a n d b a d c i t i z e n s . N e e d t o c o m e u p wi t h s o l u t i o n t h a t i s p o s i t i v e . Ha s l i v e d i n c a r . N e v e r b r o k e n l a w . B o t h e r s o t h e r s . N o t c l e a n i f p a r k i n g o r b e h a v i o r i s s u e . I f o r d i n a n c e p a s s e s , m a y b e fa c e d t o l i v e o n s t r e e t s . P u n i s h p e o p l e w h o c a s e p r o b l e m s . B u t l e a v e o t h e r s a l o n e . C a r d w e l l e r - h e d o e s n o t c a u s e pr o b l e m s . D e a l w i t h p e o p l e c a u s i n g p r o b l e m s . S o n - h o m e l e s s - m e n t a l l y i l l . L i v i n g i n v e h i c l e . P a l o A l t o s e r v i c e s n o t w r a p ar o u n d . R e d w o o d C i t y h a s r a p i d r e - h o u s i n g . N e e d t o c o m e u p w i t h s o l u t i o n s . N o t p o l i c e b a s e d . Wo r k i n g w i t h C C T - h a r d t o t e l l h o u s e d a n d u n - h o u s e d . L i v e s i n C T - s u g g e s t i o n t o d e a l w i t h i s s u e i n C N Z o n e - w a s t a r g e t e d by r o c k i n w i n d o w . T h e y k n o w w h y I l i v e n o t v i s a v e r s a . S o l u t i o n s h o u l d i n v o l v e a l l l o c a l c i t i e s . P e r m i t p a r k i n g - m o r e ar e a s . St r e e t o u t r e a c h f r o m S t a n f o r d . C o m m u n i t y c a n c o m e u p w i t h s o l u t i o n s . T h i n k a b o u t v a l u e s t h a t c i t y h o l d s a n d u p h o l d f o r al l c i t i z e n s . O r e g o n p r o g r a m . P&S 1 11-15-11 POLICY AND SERVICES COMMITTEE Special Meeting November 15, 2011 Roll Call Chairperson Price called the meeting to order at 7:08 p.m. in the Council Chambers, 250 Hamilton Avenue, Palo Alto, California. Present: Burt (arrived 7:15 pm), Holman, Klein, Price (Chair) Absent: Oral Communications Aram James spoke regarding the resolution of social issues plaguing the community. Erick Deizel spoke regarding work with the elderly and how they were affected by loss of income. AGENDA ITEMS 1. Status of Habitation in Vehicles Ordinance/Programs Curtis Williams, Director of Planning and Community Environment gave an update on the status of the vehicle habitation issues. He noted there was no proposal presented because Staff was not asking for action to be taken. They were asking for the Policy & Services Committee input on the progress to date. Staff worked closely with the Community Cooperation Team, a group of homeless advocates. Together they formed working groups to discuss community concerns. Community forums were held where experiences and alternatives were discussed. Among the ideas shared was an Ordinance similar to one the State of Oregon implemented which allowed Churches, commercial P&S 2 11-15-11 properties, and the City to provide areas for refuge. There would be certain limitations on the number of vehicles on the site, vehicle registration, and time limits. Participants also discussed a set of regulations for parking permits or restricted time limits in commercial areas. Also discussed was an Ordinance that would provide assistance to the Police Department in the event further activity was needed. He noted there had been a positive approach to the concerns throughout the community. They were working together to provide an alternative to criminalizing those who were not causing negative incident. More meetings were planned with the intent to offer proposal to the City Council in February 2012. Council Member Holman asked if the proposal included a mechanism to deal with persons who park multiple vehicles in residential neighborhoods. Mr. Williams stated it would depend on the type and height of vehicle, and whether there was a permit parking program in the area. He noted it would be more difficult to limit parking in a non-permitted residential zone. Council Member Holman asked if there was any way to characterize the general situation that caused people to live in their vehicles. Mr. Williams stated it would be difficult to generalize. There were scenarios where living in the vehicle was a more secure environment than being exposed to other outdoor hazards. There were situations where there were mental ailments or times when their vehicle was their only possession. Council Member Holman asked if there was any thought that the Community Cooperation Team would continue. She cited the Downtown Streets Team as an example. They provided a network and a structure for people to belong to. The people needing the service became a part of the community. Mr. Williams stated the Community Cooperation Team had come together in a unique way and the anticipation was they would remain in tact since this was a long term issue. He noted the process currently being addressed was not the wide range of issues he believed they would like to address in the future. Council Member Holman asked if the Human Relations Commission (HRC) was involved. Mr. Williams stated no, Minka Van der Zwaag from the Community Services Department had attended the meetings, was aware of the situation and the movement. P&S 3 11-15-11 Council Member Holman asked if there was an understanding that most people that inhabited their vehicles did not cause a problem but there was none-the-less safety factor that some people expressed. Mr. Williams stated that was understood by most of the community but there was a concern over how many incidents would be needed before an Ordinance was drafted for the safety and well-being of the community. Council Member Burt stated he was surprised the HRC had not been formerly brought into the program. The purpose of the HRC was to advise the Council and their realm was Human Relations. He asked for more specifics on the Eugene program. Mr. Williams said the Community Development Block Grant (CDBG) Coordinator had been researching the Eugene Program and the Santa Barbara County program as well. He noted the research found both programs had been successful but neither was able to fully meet housing needs in the available facilities. His understanding was there was a waiting list but he was uncertain where people went while on the waiting list. Council Member Burt asked about the participant’s perception of the programs. He also wanted to know what had happened to those who were placed on a waiting list. Mr. Williams stated he was uncertain at the time but Staff would look into the deeper issues during the next phase. He mentioned there had been discussion at the HRC meeting on whether the matter should go to the full Council. The HRC decided the Policy & Services Committee needed to be involved first. Chair Price asked if there was expressed interest from property owners, faith based groups, or commercial property owners to be involved in this type of program. Mr. Williams stated the intent to involve faith organizations in the next meeting. The subject had not been formally discussed with commercial entities. There would need to be facilities for bathrooms, a clean-up area, and room for the vehicles, which could not be accommodated in the downtown area. Chair Price asked if Staff had talked with service providers or networks of individuals who were currently providing services in the Eugene Program. P&S 4 11-15-11 Mr. Williams said there would be more detailed discussions with the service providers to see if there were more examples of other places they may be aware of. The Eugene Program was City based so Staff had focused their discussions with the City Staff. Council Member Klein asked if Staff had coordinated with other cities in Santa Clara and San Mateo counties to learn from their experiences. Mr. Williams stated the Police Department had discussions with surrounding cities and even though there were Ordinances in motion they were informed there were people living in their vehicles. If there were no issues being caused city officials did not act on the Ordinance. He noted members of the Community Cooperation Team had positive responses when speaking with faith based communities in Mountain View about their interest in participating in the program if it were to move forward. Council Member Klein asked if neighboring cities were receiving complaints similar to those in Palo Alto with respect to the vehicle dwellers. Mr. Williams said he was not familiar with any such complaints. Council Member Klein asked if there was evidence of Palo Alto attracting vehicle dwellers because of the Ordinances in the other 14 cities within Santa Clara County. Mr. Williams stated there was no evidence but the Police had come across a few persons who were from elsewhere. Rick Tocker spoke regarding his discussions with the faith community, where a number of churches had expressed interest in getting involved if the City accepted a Eugene type plan. Saint George said the main issue appeared to be poverty and Palo Alto was an affluent community and was not versed in handling such circumstances. The situation was ongoing and she felt it was a regional issue. Chuck Degota said the word homeless was not accurately used, they had homes but they were mobile. The solution was engagement by instituting a program such as the City of Eugene who saved $200,000 in staff time and expenses by no longer needing to respond to complaints. He noted the situations some were in were not decided lightly but mandated by their state of affairs. P&S 5 11-15-11 Aram James spoke regarding the Policy & Services Committee members’ involvement in the community working groups. Some had attended meetings and were involved while those who had not were invited to do so. He felt the arrests and ticketing of people staying in their vehicles would cause judicial costs to rise. Bruce Kenyon read from an article he wrote. There was no stepladder to assist people to get back on their feet and become a productive part of society. The current system was broken and there needed to be a replacement program put into place. Herb Borock said when the issue was raised there was a draft Ordinance already written. He felt the HRC should be involved and advise the Policy & Services Committee prior to the Committee recommending policy to the full Council. Chris Sacre spoke regarding the proposed Ordinance and the working group. The vehicle habitation issue should not be treated as a criminal issue but rather a social issue. The group had been actively reaching out to the community to come up with a long term solution for those affected. Erick Deisel said to pass an Ordinance that removed a person’s vehicle when that vehicle was their home would prevent them from re-involving themselves back into society. He asked if there was a list of problems related to people residing in the vehicles. Mr. Williams gave a brief list of issues associated with safety, security, sanitation, and health complaints believed to be connected with some vehicle dwellers. Fred Smith spoke regarding the difficulties of getting back into the work force and how living in his vehicle was a detriment to the community. He requested the Policy & Services Committee pass regulations that did not hurt those who were already injured socially. Tina Lovercheck recalled the sit-lie Ordinance discussion in consideration with the HRC who did not support the passing of the Ordinance because there was no documentation to support the need. She felt the vehicle habitation was a similar situation and that the HRC needed to be involved. Council Member Burt asked how much engagement had taken place with businesses regarding use of their sites. In the Eugene Program there were instances when the vehicle dweller and the commercial site forged a relationship P&S 6 11-15-11 where the vehicle dweller in effect provided around the clock security. Mr. Williams stated Staff had not had any discussions with the commercial based participants in Eugene but he was also familiar with those comments. Council Member Burt asked whether the community working groups had any engagement with the commercial base community. Mr. Williams declared he did not believe so. Council Member Burt stated there were responsible members of the community who were in a situation beyond their control. He asked to what degree Palo Alto had been able to distinguish the two groups; those in need of assistance and those with criminal intent. He felt there could be a shared interest between the vehicle dweller and the business owner. Mr. Williams said the Police Department did not currently have a tracking system in place since there was not a Municipal Code that could be violated. He noted there were a couple of the Community Officers who indicated during prior meetings there may have been 15 to 20 issues over the past few years but acknowledged there were three times that amount without any incident. Council Member Burt said the Downtown Streets Team was an innovative program initiated by Palo Alto residents and subsequently supported by the City. The program was a model being replicated elsewhere in the region. This was an example of Palo Alto using a model that helped people help themselves. He felt the Eugene model had a solid base to start a program in the City. Council Member Klein asked about the overnight parking ban. Mr. Williams stated it was a suggestion but there was not a limitation as of yet. Council Member Klein said an element not frequently discussed was that while City government was not equipped to solve poverty, Palo Alto did have compassion. There were laws available to the police to protect the community against public nuisance. He disagreed the City government should be involved in a program such as the one in Eugene; he felt it would add a bureaucratic element which was not practical. Council Member Holman thought it was important to consider an ongoing Community Cooperation Team potentially using the Downtown Streets Team model to locate work for those in need. Her concern was how the negative P&S 7 11-15-11 actions of a few may impact the group as a whole in the form of an Ordinance. She felt the HRC should be involved, admitting it would slow the process although their role was to advise the Council on Human Relation matters. She understood the safety concerns of residents. She felt City facilities should not be involved. Chair Price was concerned about the lack of hard data. With out this information it would be difficult to define the challenges. She was undecided whether or not City facilities should be considered. She appreciated the work that had been contributed to date. She recommended more detailed discussions with the service providers and more consideration for HRC involvement. Council Member Holman asked if the focus of the Community Cooperation Team was to be a facilitating group or was it to develop solutions. Mr. Williams clarified the group felt facilitating and reaching for solutions were a part of their purpose. He noted they were reviewing models elsewhere to bring forth suggestions to be considered. Chair Price asked Staff to inform the audience how they could get involved. Mr. Williams said interested parties could contact him or Consuelo Hernandez in the Planning Department at (650) 329-2404 and there was information on the Community Services Department web page: www.cityofpaloalto.org/depts/csd/human_services/default.asp . Council Member Burt asked the City’s role in the forum versus various community organizations. Mr. Williams stated Staff saw the role as collaboration between the City and the Community Cooperation Team but ultimately the team was providing input for Staff to bring to the Council as recommendations. Council Member Burt asked how broadly the group was representing the community. Mr. Williams stated the Community Cooperation Team worked with advocates and clergy while the Working Groups had neighborhood and business representatives. NO ACTION REQUIRED Printed name Signature Address 0:] \-ttON1(A ~ '<:., T\'-\-(l..N ~ C11 (0 Co lU RAb{) ~~ I/~ /13 I ~1...\1~l 'i'cSu, ~ Al. It:: ; CPr C\"'\~3 ! "-> I , Inna Ravkin, M.D. Ilya Ravkin, Ph.D. 945 Colorado Ave. Palo Alto, CA We, as immediate neighbors of the Palo Alto Friends Meeting strongly object to the use of their premises as a site of the proposed Vehicle Dwelling Program. We support a responsible approach to solving the homeless problem in Palo Alto, but we feel that this site is not suitable for this purpose. Their parking lot is short and deep. It is surrounded by nine residences. In addition there is a nursery school on the premises and a passageway to an elementary school. When someone is talking, smoking or coughing in the parking lot it is as if they are doing it in your living room. We have seven large windows overlooking this parking lot. We do not feel that 20 feet separation (as proposed in the Pilot Vehicle Dwelling Program) is adequate. Even at 20 ft offset, there is almost no parking space left - 6 spaces. This project will invade our privacy because any conversation in our house if the windows are open can be heard even in its widest area. It is quite different if people just park their cars and leave and if they stay for the whole night to hear. As a physician I am aware of high prevalence of serious mental illness, drug abuse and communicable diseases in the homeless population. We have very strong personal safety concerns. In the past Zink Hotel clients have confused their hotel with our house and insisted we let them in. Occasionally, I have to come from work in the late hours and feel scared going from my car to my house. Also, I have to think twice before taking the garbage out. My fear of homeless is especially strong as a result of a personal traumatic experience. I can't comprehend how the community of faith may allow using their premises, which contain their own nursery school as well as the passageway for the Ohlone Elementary School students, as a dwelling for homeless through both the current Zink hotel program and the new vehicle dwelling program. We are concerned with the impact of allowing car dwelling in the heart of a residential community on the house values. Some of our friends and relatives are already reluctant to visit us in the evening because they are afraid of the current Zink hotel program, causing social isolation for us. The charity of the Religious Society of Friends towards strangers should not come at the expense of their neighbors and the safety of the children. 20 ft offset from the surrounding residences onto the Friends Meeting parking lot. School traffic in the Friends Meeting parking lot and on Colorado Avenue around 8am. Some children are not accompanied by adults. June 7, 2012 Honorable Mayor Yiaway Yeh City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94303 Dear Mayor Yeh, The Palo Alto Chamber of Commerce joins Palo Alto residential groups in supporting the City Council’s beginning the process of drafting a “Living in Vehicles” ordinance in consultation with all affected constituencies and in parallel with outreach to homeless people based on the Eugene Oregon program. As you are aware, the City of Palo Alto is one of the few cities in Santa Clara County which does not have an ordinance disallowing individuals to live in their vehicles. Currently if a business or resident observes in-appropriate behavior from individuals living in their vehicles and calls the police, the police are unable to approach the individual unless they observe the behavior themselves. The Police Department presented the Living in Vehicles Ban to businesses and residents after receiving complaints about this type of situation. They are unable to breach the personal rights of the vehicle owner. Key Arguments for Recommended Position: 1. The ordinance would give police the ability to approach and investigate incidents reported by businesses and residents. 2. The ordinance provides a fall back remedy when other methods are unsuccessful. How does this issue impact the business community? Palo Alto does not restrict overnight street parking in any part of the city. By extension, people can permanently park and live in their vehicles. When this becomes an eventuality, the police are unable to approach the person living in their vehicle unless they witness specific violations such as public urination/defecation, disposition of garbage, etc. Parking lots and all public spaces are exposed to this activity. The police need tools to be able to approach citizens, offer services and alternatives to effect change. In closing, the business community, through the Palo Alto Chamber of Commerce, is prepared to play a leadership role in working towards solutions to this important issue. Regards, Paul Wright, Ed.D. President/C.E.O. Palo Alto Chamber of Commerce Cc City Council James Keene, City Manager Curtis Williams, Planning & Community Environment Department Director ATTACHMENT D PUBLIC COMMENTS ATTACHMENT D 1 Hernandez, Consuelo From:Alan Stivers <alan@stivers.cc> Sent:Monday, June 03, 2013 8:02 AM To:Council, City Cc:Hernandez, Consuelo Subject:Comment on policy on human habitation in vehicles Dear Members of the City Council, This is my second email comment on the subject of human habitation in vehicles. On the issue of the people living in cars I think this is a social welfare issue and not a criminal issue. The most expensive way to deal with it is to make it a crime and have the police deal with it. Police are entrusted with many important responsibilities, including deadly force, so they are necessarily going to be expensive. Of course, this would justifiably be the police's lowest priority, so nothing would get done. As a Palo Alto resident I wouldn't want my police force to waste their time with this. There are many more appropriate and less expensive ways to deal with this problem than having the police baby-sit people living in cars. It is important to put this problem in perspective. People living in cars is a small problem compared to the real problems of alcoholism and drug addiction. The City should deal with these problems separately. One advantage of client management, such as that provided by Downtown Streets Team or InnVision Shelter Network, is that it can distinguish between the hard luck cases from those with more serious problems. An enlightened City policy on the use of public spaces such as the Cubberley parking lot can work hand-in-hand with client management to serve to separate these two populations and encourage those who need help to seek and accept help. I suggest using these public assets in a way that encourages people to take responsibility for themselves as we spend a small amount of money (compared to the cost of police) on case management. Thank you. Alan Stivers 2732 Ross Rd. Palo Alto, CA 94303 1 Hernandez, Consuelo From:Tony Ciampi <t.ciampi@hotmail.com> Sent:Thursday, May 23, 2013 12:30 AM To:Council, City; Scharff, Greg; Keene, James; Stump, Molly; Burns, Dennis; Williams, Curtis; Hernandez, Consuelo Subject:P.A. Mayor Calls Tom Ammiano Misguided     In Calling a California Homeless Bill of Rights misguided Palo Alto Mayor Gregg Scharff has  called Assemblyman Tom Ammiano misguided as well the entire state of Rhode Island  for  enacting one.        Palo Alto Council Members Larry Klein and Liz Kniss,  Police Chief Dennis Burns, City Attorney Molly Stump and  City Manager James Keene want a Vehicle Habitation Ordinance which will give them the power to do the  following to homeless people:     John is homeless and sleeping on Cubberley property at night and elsewhere in the City of Palo Alto. John  hides his belongings in alleyways, bushes and trees. John is working for the “Downtown Streets Team,”  and at  a local coffee shop.  John saves his money and buys a mini‐van. John moves all of his belongings into his mini‐ van for safety and ease of use.  John still does not make enough money for room and continues to sleep in the  bushes, not in his mini‐van.    One day John is sitting in his mini‐van at 2:00 in the afternoon when the police arrive and demand to know his  fixed residence. John tells them that he does not have a fixed residence. The police inform John that his is in  violation of the Vehicle Habitation Ordinance and must leave the City in order not to be arrested.     Read entire article:  http://paloaltofreepress.com/cubberley‐shelter‐editorial‐by‐dave‐price/           Rhode Island Homeless Bill Of Rights Praised As U.S. Model  http://www.huffingtonpost.com/2012/06/27/rhode‐island‐homeless‐bill‐of‐rights_n_1632411.html        20,000,000 adults between the ages of 18 to 34 would be living in their cars, that’s if they have a car if it were not for FREE RENT. They are referred as being “HOMELESS” yet they are living in a house.  http://www.huffingtonpost.com/2011/11/05/adults‐living‐with‐parents_n_1077067.html  http://sanfrancisco.cbslocal.com/consumer/moving.home.parents.2.1332670.html      It appears that Gregg Scharff is the one who is misguided and not Rhode Island and Tom Ammiano.      2 Tony Ciampi        1 Hernandez, Consuelo From:Joseph Ciampi <pressstrong@gmail.com> Sent:Sunday, May 26, 2013 4:32 PM To:Council, City; jaythor@well.com; Kniss, Liz (internal); Klein, Larry; barbara@gardencourt.com; k_tomlinson@mac.com; claught1@earthlink.net; Scharff, Greg; Williams, Curtis; Hernandez, Consuelo; dave@paloaltoglass.com; Burns, Dennis; psandas@paloaltochamber.com; pwright@paloaltochamber.com; ladoris.cordell@sanjoseca.gov Subject:City of Palo Alto Kicks Class Valedictorian Out of Car Into Street Attachments:homeless valedictorian.JPG City of Palo Alto intends to take working mom's car from her kicking her and her four kids out of their car into the streets. Homeless Georgia teen graduates as valedictorian Sojourner Elleby http://tv.msnbc.com/2013/05/26/teenager-overcomes-homelessness-embarks-on-bright-future/ Despite a life of adversity, poverty, and even homelessness, 18-year-old Chelesa Fearce is blazing a trail of academic success. Growing up in Clayton County, Georgia, Chelesa, along with her mother and three siblings, frequently moved from shelter to shelter, even living in her family’s car in times of need…… …..During Chelesa’s high school years, her mother, Reenita Shepard, was laid off from her job more than once, resulting in the family losing their home. But Chelesa stayed focused on her studies even when bouncing from shelter to shelter, or on those most difficult nights spent in the car. 2 “At night I just had to open my book in the dark and use my cellphone light, just do what I had to do,” she said. Even with a heavy workload and irregular living conditions, Chelesa managed to make time for extra-curricular activities. She was a member of her school’s swim team and played the baritone for the Marching Band. Her favorite subjects in high school were chemistry and literature. In her free time, she enjoys reading, swimming, watching action movies and hanging with friends, just like any teenager. Chelesa admitted that she faced many struggles and at times found it difficult to maintain a positive spirit. “It was hard sometimes. I kept my situation a secret because I didn’t want anyone to know my business; I just went to school and did what I had to do.” ….. Part of what kept Chelesa going was her mother. “She works very very hard and I made sure I was doing the same, if not more. She was always helping me out and was such a great support so I had to do it for her,” she said. Shepard often read to Chelesa and her siblings at a young age. “I remember her reading Mrs. Nelson Went Missing, Are You My Mother, a lot of Dr. Seuss. She developed my love for reading at a very early age,” Chelesa said. At Spelman, Chelesa plans to double major in chemistry and philosophy and is excited to see what will come next. She gives advice for those going through similar situations as hers, “I would tell anyone with obstacles to always keep their faith and to think about the future. Work hard now, so that tomorrow will be worth living.” http://www.foxnews.com/us/2010/05/19/homeless-student-valedictorian/ Homeless Student Becomes Valedictorian of Texas High School Published May 19, 2010 FoxNews.com A homeless student was named Valedictorian of his Texas high school, MyFoxHouston reports. Victor Cardenas is a film student at Houston Texas' Furr High school. He picked up a camera last year and crafted a haunting story of his life. Vistor kept his homeless state to himself and slept most nights on a park bench in Denver Harbor. 3 Victor Cardenas is acing multiple advanced placement tests, mastering the Russian language and earning national accolades for his film work. POLICY AND SERVICES COMMITTEE MINUTES Page 1 of 11 Special Meeting June 25, 2013 Chairperson Kniss called the meeting to order at 6:13 P.M. in the Council Chambers, 250 Hamilton Avenue, Palo Alto, California. Present: Klein, Kniss (Chair), Price Absent: Holman ORAL COMMUNICATIONS Aram James spoke regarding jury nullification or a jury's refusal to enforce laws. Mark Petersen-Perez, Palo Alto Free Press stated the Human Relations Commission did not fulfill its mission when it did not provide input regarding homeless issues. Roberta Ahlquist requested the Policy and Services Committee investigate rising rents. She noted that the Mediation Task Force could not provide assistance to tenants with respect to increased rents. AGENDA ITEMS 1.Consideration of Ordinance Prohibiting Human Habitation of Vehicles. Chair Kniss requested public speakers comment on the Draft Ordinance and clarified that vehicle habitation meant living in a vehicle. James Keene, City Manager reported that Staff drafted the Ordinance at the direction of the Policy and Services Committee (Committee). Concern was raised about homeless persons spending the night at the Cubberley Community Center. The draft Ordinance regulated habitation of vehicles in the parking lot of the Cubberley Community Center, but not the overnight stays on the campus itself. In addition, the draft Ordinance did not deal with the full range and dynamics of the homeless issue in the community. City Staff attempted to resolve the issue through other means. Almost all surrounding communities had regulations concerning vehicle habitation. If adopted, the Ordinance would allow the Police Department to respond to complaints and would provide referrals for social services. ATTACHMENT E FINAL MINUTES Page 2 of 11 Special Policy and Services Committee Meeting Final Minutes: 06/25/13 Consuelo Hernandez, Community Development Block Grant Coordinator explained that the draft Ordinance gave the Police Department a tool to address complaints regarding people living in vehicles. Enforcement was meant to be gradual and incremental, with the judicial system used as a last resort. Staff intended on working with social service partners and the media to notify known vehicle dwellers of the Ordinance and its provisions. The Ordinance allowed 60 days for education, outreach and transition; an additional 30 days was allotted for warnings; and issuance of citations as warranted thereafter. The Ordinance effective date was six months after adoption. Staff anticipated a first reading of the Ordinance in August and a second in September 2013. A 60-day outreach effort was to begin in October 2013, followed by a 30-day period of issuance of warnings only. Council Member Price requested Staff comment on the ability and capacity of social service agencies to provide services, and inquired whether Staff had sufficient resources to enforce the Ordinance. Chair Kniss noted the Opportunity Center provided resident and non-resident services. Mr. Keene indicated capacity was insufficient for the larger homeless issue. With respect to the Ordinance, Staff was capable of supporting enforcement and outreach. Partner agencies indicated they could fulfill their obligations as well. Staff anticipated a low number of referrals because enforcement was by complaint only. Minka Van Der Zwaag, Community Services Manager reiterated that Staff and social service agencies could meet the demand as the system was based on actual complaints. Council Member Price understood the Opportunity Center had waiting lists for housing services. Ms. Van Der Zwaag reported the Opportunity Center housing was filled, however, the Opportunity Center continued to work with drop-in clients. Council Member Price wanted to understand the process for opportunities for referrals and services. Ms. Van Der Zwaag explained that the Opportunity Center provided permanent housing, not shelter. Chair Kniss stated the Opportunity Center had 90 rooms available, and other agencies were able to provide additional housing. FINAL MINUTES Page 3 of 11 Special Policy and Services Committee Meeting Final Minutes: 06/25/13 Ms. Van Der Zwaag noted other agencies were limited and said Alma Place and The Barker were key agencies in Palo Alto. Chair Kniss indicated Alma Place was a good resource. Council Member Klein reported the Opportunity Center was not owned or operated by the City of Palo Alto. He requested Staff comment on the situation at the Cubberley Community Center and suggested it be agendized for the August 2013 meeting. Mr. Keene explained that Staff observed the number of homeless people congregating at Cubberley Community Center increased over the past year. Staff was working to provide a response and would discuss possible options and solutions with the Committee after the Council Break ending August 2, 2013. Any solutions made regarding the Cubberley Community Center would require partnership with other agencies and additional resources. Rob De Geus, Assistant Director Community Services observed that there was a significant increase in vehicle dwellers and homeless people at the Cubberley Community Center. He noticed that on any given evening, 30 or more homeless people could be found on the campus. Custodians struggled to remove people from the classrooms. Homeless people bathed in the bathrooms, verbally and physically intimidated Staff, and many of the homeless people had drug addictions and mental health issues. Ms. Van Der Zwaag worked with InnVision Shelter Network, Momentum for Mental Health and Downtown Streets Team to gain insight and request assistance with outreach. She believed that Staff needed to focus intervention efforts in order to achieve an impact and said Staff was reviewing a proposal to address the situation. Chair Kniss identified several cars and vans located in the Cubberley Community Center parking lot during the Cubberley tour the previous day. Dennis Burns, Police Chief reported that complaints emanated from the Cubberley Community Center campus and surrounding areas. The Police Department did not actively track the number of homeless and vehicle dwellers but patrol teams found 20 people living in vehicles and 13 people on the campus the previous night. In 2010, the Police Department received 10 calls in relation to vehicle habitation, in 2011 16 calls, in 2012 39 calls, and 12 calls through the first half of 2013. He also noted that the prior week there was an altercation between two homeless men that resulted in one being taken into custody and one being taken to the hospital. FINAL MINUTES Page 4 of 11 Special Policy and Services Committee Meeting Final Minutes: 06/25/13 Leslie Carmichael knew a few people who slept in their vehicles at the Cubberley Community Center. She opposed the draft Ordinance because it penalized people who did not have alternatives. She thought people would not be able to find housing in 90 days because of extensive waiting lists. She questioned the grounds for a complaint against a vehicle dweller. Rick Toker, member of the Community Cooperation Team opposed the Ordinance because he thought it would lead to the criminalization of people living in vehicles; existing laws covered most situations. Dr. Joel Wolfberg stated no landlord would accept a Housing and Urban Development Department (HUD) voucher for the amount of the supplement. Outreach to the homeless was difficult. He wanted the City to provide concrete assistance to the homeless population. Alice Smith opposed the Ordinance and suggested the Committee review the Staff Report regarding the Santa Barbara program. She thought Staff should find a solution that did not criminalize the homeless. Dr. Marilyn Winkleby provided profiles of four people living in their vehicles at the Cubberley Community Center. These people did not have substance abuse problems, their children attended local schools, and most of them worked locally. Any proposal had to be a viable solution. Greg Schaefer referenced the Executive Summary which stated that the majority of homeless people were not a nuisance. Existing laws addressed complaints and vehicle habitation was not against the law. Tony Ciampi believed the Staff Report was filled with fabrications and falsehoods. He added that the Ordinance would not abate any of the problems. Living in a vehicle did not harm anyone. Andrew Voltmer encouraged the City to prohibit dwelling in vehicles and he thought the ban should include the Cubberley Community Center. Mary Klein felt the Ordinance was small minded and made the homeless outlaws. Heiri Schuppisser, Outreach Specialist for Momentum for Mental Health provided information about vehicle habitation and the services offered to such like people. Dana St. George read and submitted a petition from the Humanist Community opposing the Ordinance. FINAL MINUTES Page 5 of 11 Special Policy and Services Committee Meeting Final Minutes: 06/25/13 Lois Salo, Women's International League for Peace and Freedom felt the Ordinance violated the Fourth Amendment to the United States Constitution and remarked that anyone could be homeless at any time. Katie Fantin had encountered the homeless people at Cubberley and said she opposed the Ordinance. She asked the Committee to wait on enacting the Ordinance to allow more discussion of solutions. Abby Mohaupt brought out that Staff did not reach out to faith communities with respect to the proposed pilot program. She suggested that Staff contact the faith community again. Roberta Alquist stated the vacancy rate for housing in Palo Alto was very low. The proposed Ordinance was a statement about less fortunate people and the policy was punitive. Edie Keating opposed the draft Ordinance. She was troubled by the broad definition of human habitation and questioned whether the faith-based pilot program required on-site supervision for three or more vehicles. Car dwellers needed a place within the City to sleep. Norma Granch agreed with prior comments opposing the Ordinance and urged the Committee to continue the discussion for possible solutions. Geoff Browning noted dwelling in vehicles, as opposed to living in a shelter, was often safer for women and children and said Social Services did not help that situation. He inquired whether the City allowed churches to modify their Use Permits to allow overnight parking in their parking lots. Robert Gauntt suggested the City issue a statement in favor of amending the United States Constitution to align with the Declaration of Human Rights. George Mills, Palo Alto Friends opposed the proposed ban on vehicle dwelling and said the proposed Ordinance unfairly penalized responsible vehicle dwellers for the inappropriate behavior of a few vehicle dwellers. He questioned the Police Department's data regarding homeless complaints. Nick Selby supported prior comments opposing the proposed Ordinance and said the Committee should consider other options prior to adopting the Ordinance. He felt the definition of vehicle habitation was overbroad and vague, that the Ordinance lent itself to harassment, and it allowed arbitrary and discriminatory enforcement. Aram James indicated vehicle dwelling, under the Ordinance, would be a crime under the Municipal Code, punishable by up to six months in the FINAL MINUTES Page 6 of 11 Special Policy and Services Committee Meeting Final Minutes: 06/25/13 county jail. He thought the criminal justice system would not support this type of criminal case. Marc Marasco supported the proposed Ordinance because of safety issues at the Cubberley Community Center. Sean Osteen indicated the proposed Ordinance was punitive, overbroad, elitist, exclusionary, discriminatory, and un-American. Stephanie Munoz felt the proposed Ordinance was evil and un-American because the Constitution guaranteed equal protection for all citizens. She concurred with Mr. Borock's suggestion of a designated area for vehicle dwelling. Chair Kniss reported the recommendation was to adopt the proposed Ordinance along with education, outreach, and referral to social service agencies. She requested the City Attorney review the proposed Ordinance and address concerns expressed by the public. Molly Stump, City Attorney focused on section two of the Ordinance, the operative language to be included in the Municipal Code. Section one was a series of general findings relating to the adoption of the Ordinance. The Ordinance did not apply to private driveways or other parts of private property; it applied to streets, parks, alleys, and public parking lots. Two exceptions were: mobile living units used for human habitation allowed by another provision of the Code and guests of City residents for up to 48 consecutive hours. They were able to occupy vehicles when parked adjacent to the residents' dwelling. The definition section provided guidance with respect to human habitation and the key language was the use of a vehicle for a dwelling place. Eating a snack or taking a brief nap in a car did not qualify as using the vehicle as a dwelling place. Chair Kniss inquired whether Santa Clara County had an Ordinance banning vehicle habitation. Ms. Stump was not able to find an Ordinance for Santa Clara County. Chair Kniss presumed people could live in their vehicles on Stanford University land because Santa Clara County did not have prohibition rights over that land. Ms. Stump did not know whether Stanford University had an Ordinance prohibiting vehicle dwelling. The academic portion of Stanford University was located in an unincorporated area of Santa Clara County. FINAL MINUTES Page 7 of 11 Special Policy and Services Committee Meeting Final Minutes: 06/25/13 MOTION: Council Member Klein moved, seconded by Chair Kniss to recommend the City Council adopt the Ordinance entitled: ‘Ordinance of the Council of the City of Palo Alto Prohibiting Human Habitation of Vehicles’ dated June 25, 2013. Council Member Klein was concerned that Palo Alto would become a magnet for homeless people and felt a regional or national solution to homelessness was needed. Under California law, cities were not meant to provide social services, so the City needed a concentrated approach to the homeless problem. Chair Kniss received numerous emails from residents supporting the draft Ordinance and neighborhood residents were concerned about their safety. If the Council did not provide the Police Department with a tool to address the problem, then the Council did not treat the issue fairly. She emphasized that the Ordinance would be utilized only if there was a complaint. In addition, she hoped the faith-based community would continue to work with the City. Council Member Price reported her biggest concern was providing assistance to human beings. She questioned whether allowing individuals and families to continue to live in their vehicles helped them when they needed intensive support and assistance. If the City did not provide needed and quality services, then it had failed the community. MOTION PASSED: 3-0 Holman absent Chair Kniss requested those opposing the proposed Ordinance consider Council Member Price's comments and inquired whether the Committee could provide direction to Staff regarding the Cubberley Community Center. Ms. Stump was concerned that an extensive discussion or direction to Staff would not be appropriate. She reiterated that the City Manager requested Staff to return with an Item relating to the Cubberley Community Center in the fall. MOTION: Chair Kniss moved, seconded by Council Member Klein to direct Staff to bring back an actionable Cubberley Community Center Item to the Policy and Services Committee in August. Mr. Keene requested discretion for Staff to return in August or September 2013 regarding the Cubberley Community Center. Council Member Klein had some ideas that could be adopted without a great deal of Staff time; therefore, he wanted Staff to return in August. FINAL MINUTES Page 8 of 11 Special Policy and Services Committee Meeting Final Minutes: 06/25/13 Council Member Price assumed the Item would include discussion of programs, approaches, and resources. Mr. Keene noted he would not be available for any August meetings after August 5, 2013. 2. Stanford University Medical Center Development Agreement Funds Guiding Principles and Approval Process. James Keene, City Manager understood the Council wished to establish Guiding Principles to inform expenditure of Stanford University Medical Center Development Agreement (SUMCDA) Funds. He felt the Item should be a conversation for the Committee, rather than Staff making a recommendation. David Ramberg, Assistant Director Administrative Services reported the total amount received from Stanford University in the six categories was $32.5 million. The City spent or committed $4.9 million of the $32.5 million that was allotted. When Occupancy permits were issued for the Stanford University Medical Center project, the City would receive an additional $11.7 million. Staff proposed scenarios of spending $30 million in 2014; $44 million in 2017; $51 million in 2023; $2 million per year over 10 years; $3 million per year over 10 years; and $6 million per year over 10 years. Council comments indicated projects should have a lasting impact and funds were one-time in nature. Staff envisioned the Council providing input regarding projects twice a year outside the budget process. Mr. Keene questioned the effectiveness of spending a specific amount each year for 10 years. Council considerations of projects outside the budget process allowed Staff to research and analyze information more readily. He preferred to spend the funds on worthwhile projects sooner, rather than later. Chair Kniss felt it was financially responsible to fund projects now, rather than trying to increase the amount of funds through interest earnings. Council Member Price believed a refined master list should be informed by considerations such as alternate funding sources, effects of a recession on costs and operational and maintenance costs of projects. Community Health and Safety funds supported programmatic projects. Mr. Keene agreed that programs could leverage Community Health and Safety funds to obtain sustained funding. ATTACHMENT F Hernandez, Consuelo Frain: Sent: To: Subject: Palo Alto city Council: Tony Ciampi <t.ciampi@hotmail.com> Friday, July 12, 2013 1:42 AM Council, City; Keene, James; Burns, Dennis; Stump, Molly; Klein, Larry; Scharff, Greg; gail.price3@gmail.com; Kniss, Liz (internal); HRC 0.000667% Of calls for service related to vehicle dwelling 53,877 calls for service and only 41 related to vehicle dwellers. See: http://paloaltofreepress.com/making-mountains-out-of-mole-hillsl Tony 1 Hernandez. Consuelo From: Sent: To: Subject: Tony Ciampi <t.ciampi@hotmail.com> Sunday, July 07, 2013 7:45 PM Council. CitY; Kniss, Liz (internal); Klein, larry; Keene, James; Burns, Dennis; Beacom, Bob; Stump, Molly; Scharff, Greg; Police; HRC liz Kniss refuses to debate because she knows she is wrong! , If you are not willing to allow your position to be challenged by the opposition then you know that your position is illegitimate. Thus forcing your will upon others against their will because you are closed minded and a bigot is UN-Amercian, is UN-Democratic and therefore UN- Constitution al. KKK refuses to engage in public debate revealing that they are nothing more than a bunch of dictators forcing their self-serving will upon everyone else regardless of how everyone else feels about what they forcing upon everyone. James Keene, Larry Klein, and Liz Kniss all so called representatives of the citizens. and residents of Palo Alto refuse to engage in a discussion regarding the Vehicle Habitation Ordinance that they intend to inflict upon the powerless, the most vulnerable and weakest community members and residents of Palo Alto. http://paloaltofreepress.com/july-13th-palo-alto-forum-on-homeless-bill-of- rights-a nd-ve h icle-dwell ing/ July 13th Palo Alto Forum on Homeless Bill of Rights • and Vehicle Dwelling by Chad Brunswick. July 7,2013 1 EXCERPTS FROM AB5 (3) Homeless persons are forced to flee specific districts due to local legislation that places burdens upon the homeless, burdens that are not incurred by housed residents. This segregation is contrary to the United States Constitution and the landmark decision of Brown v. Board of Education of Topeka -347 U.S. 483 (1954). 53.2. (a) The existence of homelessness requires that fundamental rights that are amply protected in the home and in private places be extended to the public domain to ensure the equal rights of all Californians, homeless and housed. Every homeless person in·the state, regardless of actual or perceived housing\ status, low income, sexual orientation, gender identity, citizenship, or immigration status, state shall have the right to all of the following basic human rights and legal and civil protections, except when prohibited by federal law (10) The right to occupy a motor vehicle, as defined in Section 415 of the Vehicle Code, or recreational vehicle, as defined in Section 18010 of the Health and Safety Code, either to rest, sleep, or use for the purposes of shelter, provided that the vehicle is legally parked on public property, without being subject to <criminal or civil sanctions, harassment, or arrest from law enforcement, public or private security personnel, or BID agents. SECTION 1. This act shall be known and may be cited as the "Homeless Person's Bill of Rights and Fairness Act." SEC. 2. The legislature finds and declares all of the following: (a) In the State of California, there has been 9 long history of discriminatory laws and ordinances that have disproportionately affected people with low incomes and who are without homes, including, but not limited to, all of the following: (1) Jim Crow laws: After the Civil War, many states, especially in the south, passed laws denying African Americans basic human rights. In California, these laws also targeted Chinese immigrants. In San Francisco, Chinese residents were forced to live in one area ofthe city. The same segregation laws also prohibited interracial marriage between Chinese and non-Chinese persons. (2) Ugly laws: In 1867, San Francisco was the first city in the country to pass a law making it illegal for people with "Unsightly or disgusting" disabilities to appear in public. In many cities, these laws persisted until the 1970s. (3) Anti-Okie laws: In 1937, California passed an Anti-Okie law that criminalized "bringing or assisting in bringing" Extremely poor people into the state. The United States Supreme Court struck down the law in 1941, when it declared that these laws are in violation of the Commerce Clause, and therefore unconstitutional. (4) Sundown towns: Town policies and real estate covenants were aimed at preventing minorities and other persons considered to be SOCially undesirable from remaining within city limits after sunset. Thousands of these towns existed prior to the Civil Rights Act of 1968, which made these ordinances and covenants illegal. (5) Vagrancy laws: Vagrancy laws have been held to be discriminatory on their face because they criminalize a person's status rather than a behavior. Nevertheless, these laws existed in California until the legislature revised them in 1961. (b) "Quality of life" ordinances, "civil side walk" ordinances, and similar initiatives are the modern reincarnations of laws designed to force homeless people to flee local jurisdictions. These local ordinances result in de facto segregation as homeless people are forced out of specific jurisdictions or out of specific neighborhoods within jurisdictions. 4 resources homeless persons are often denied relief of damages through the courts. (3) Homeless persons are forced to flee specific districts due to local legislation that places burdens upon the homeless, burdens that are not incurred by housed residents. This segregation is contrary to the United States Constitution and the landmark decision of Brown v. Board of Education of Topeka -347 U.S. 483 (1954). These segregation policies unfairly subject municipalities to an increased burden of caring for the homeless who have migrated there from their chosen home municipality in relief of the oppressive legislation. These practices tend unjustly to condemn large groups of inhabitants to dwell in segregated districts or under depressed living conditions which results in crowded, unsanitary, substandard, and unhealthful accommodations. These conditions breed intergroup tension as well as vice, disease, and crime; endanger the public health; jeopardize the public safety, general welfare and good order of the district and municipality accommodating refugee homeless which results in substantial burdens on the public revenues of those districts forced to acco:mmodate the refugee homeless due to the neighboring districts' and municipalities' vexatious, oppressive and burdensome ordinances that affect the homeless without affecting the housed which is innately discriminatory. (4) Homeless persons are often provided accommodations and shelter by private and or public service providers that jeopardize their health, physical and mental safety. (b) Bill of Rights No person's rights, privileges, or access to public services may be denied or abridged solely because he or she is homeless. Such a person shall be granted the same rights and privileges as any other resident ofthis state. A Homeless Person: (1) Has the right to use and move freely in public spaces, including but not limited to public sidewalks, public parks, public transportation, public streets and public buildings, in the same manner as any other person, and without discrimination on the basis of his or her housing status; (2) Has the right to equal treatment by all law enforcement agencies, without discrimination on the basis of housing status, including the right to be free from searches or detention based upon his or her actual or perceived housing status; (3) Has the right not to face discrimination while seeking or maintaining employment due to his or her condition of being homeless; (4) Has the right not to face discrimination while seeking or maintaining employment due to his or her lack of permanent mailing address, or his or her mailing address being that of a shelter, or his or her mailing address being that of a post office box or social service provider; (5) Has the right not to face discrimination while seeking or maintaining housing due to his or her condition of being homeless; (6) Has the right not to face discrimination while seeking or maintaining housing due to his or her lack of permanent mailing address, or his or her mailing address being that of a shelter, or his or her mailing address being that of a post office box or social service provider; (7) Has the right to rent and use United States post office boxes; (8) Has the right not to be subject to criminal sanctions for resting or sleeping in a public place including vehicles legally parked on public property in a non-obstructive manner; (9) Has the right not to be subject to criminal sanctions for refusing to enter a public or private shelter or other accommodation; (10) Has the right to emergency medical care free from discrimination based on his or her housing status; (11) Has the right to vote, register to vote, and receive documentation necessary to prove identity for voting without discrimination due to his or her housing status; (12) Has the right to protection from disclosure to law enforcement agencies without appropriate legal authority his or her records and information provided to homeless shelters and service providers; and the right to confidentiality of personal records and information in accordance with all limitations on disclosure established by the federal Homeless Management Information Systems, the federal Health Insurance Portability and Accountability Act, and the federal Violence Against Women Act; (13) Has the right to confidentiality of personal records of housing status and to protection from disclosure to Landlords and Employers housing status; (14) Has the right to a reasonable expectation of privacy in his or her personal property including that of a vehicle to the same extent as personal property in a permanent residence. (15) Has the right to own and occupy a vehicle for twenty-four (24) hours a day seven (7) days a week while parked on public streets and public parking lots for the purpose of shelter. (16) Has the right of make purchases of goods and services and or enter contests from any and all businesses operating in California. (17) Has the right to equal protection ofthe laws and due process ofthe law by law enforcement and prosecuting agencies; (18) Has the right to restitution. (A) It is the unequivocal intention of the People of the State of California that all persons who suffer losses as a result of being homeless shall have the right to seek and secure restitution from the person or persons who cause the losses they suffer. (B) Restitution shall be ordered from the wrongdoers in every case, regardless of the 24 sentence or disposition imposed, in which a homeless victim suffers a loss. (C) All monetary payments, monies, and property collected from any person who has been ordered to make restitution shall be first applied to pay the amounts ordered as restitution to the homeless victim. (c) Damages and attorney's fees. (1) A homeless victim, the retained attorney of a homeless victim, a lawful representative of the homeless victim, or the prosecuting attorney upon request of the homeless victim, may enforce the rights enumerated in subdivision (b) in any trial or appellate court with jurisdiction over the case as a matter of right. The court shall act promptly on such a request. (2) In any civil action alleging a violation of this section, the court may award appropriate injunctive and declaratory relief, actual damages, compensatory damages, general damages, special damages, punitive damages, exemplary damages and reasonable attorneys' fees and costs to a prevailing plaintiff. (d) All rights, privileges, policies and remedies granted to persons of race, religious creed, color national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, or sexual orientation as provided in PART 2.8. DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING Sections 12900 through 12966 of the California Government Code and Section 51 of the California Civil Code shall be granted to homeless persons and those persons of any housing status. (e) As used in this section: (1) "Housing status" means the status of having or not having a fixed or regular residence, including the status of living on the streets or in a vehicle or in a homeless shelter or similar temporary residence or elsewhere in the public domain. (2) "Homeless" means any person who does not have a fixed or regular residence including a person who lives on the streets, or in a vehicle or in a homeless shelter or similar temporary residence or elsewhere in the public domain. (3) "Habitation" means that place which a person spends the majority of ones time and existence. (4) "Losses" means but is not limited to any deprivation of constitutionally held rights as well as the loss of property or physical and mental well being. (5) "Damages" means to include losses but is not limited to losses. SECTION 2 This act shall take effect upon passage. ------ ----------Sincerely, Sincerely, 371. Malaki VonReese riverside, California 372. Leah Bermudez Los Angeles, California 373. Martha Bridegam San Francisco, California 374. Douglas Tooley Durango, Colorado 375. Shawn Nelson Seattle, Washington 376. Bill McKenzie Redmond, Washington 377. Tari Wiggins Kirkland, Washington 378. Anna DeMoss Las Vegas, Nevada 379. Pam Boland Grovetown, Georgia 380. Mike Stahl Seattle, Washington ~ 25 -This afternoon, was in Cubberley and saw a full shopping cart with shoes and belongings hanging out of it, two homeless people next to a bed on the ground having a nice lunch, a tree stuffed with someone's belongings, and another guy with a bike full of trash. -Meanwhile, two kids who were by the tennis courts were poking at an old sleeping bag sitting behind a bush and nearby there was a classroom entryway with another bed set up with some cardboard for insulation. -At the car camp, the generator was gOing so someone could power their electronics and a new RV showed up to park under the tree. Basically, a campground except the amenities are better. July 2S, 2013 Sunday: -Was by Cubberley on the way to the Pet Store this am. Saw many people(S-10) living under the trees. They all looked very settled. July 29, 2013 Monday: -While riding my bike behind Piazza's (where I shop almost daily for my family of five), a homeless person jumped out of a dumpster and threw garbage while yelling. July 30, 2013 Tuesday: -While walking with my dog home from Piazza's on the Cubberley path to Nelson Drive, a homeless man yelled at us and provoked my dog. I started to run (with dog and groceries) to avoid a confrontation where contact with my dog might be possible. I'm not comfortable with such a new threat and liability in my neighborhood where I rely on walking and biking and where I support local retail in my neighborhood. I can't emphasize enough the change in character, family usability and safety of our neighborhood since the homeless have moved to the grounds at Cubberley. Sincerely, Mary Anne Deierlein 318 Parkside Dr Palo Alto, CA 94306 22 Gonsalves. Renna From: Sent: To: Subject: Dear City Council, Bhushans@aol.com Tuesday, July 30, 2013 3:11 PM Council, City Sleeping in cars ... . . .' I I' l' i {"!'! I It.J !\L \.', _'I; ':~I'-'./ 'I'L'~-" :,'r. OFFICE '" I I .' Ltl,. v 13 JUL 3 I .' i 11 : I 7 This letter is to request you not to enact a Ban on Sleeping in Cars: The Homeless community needs more time and support to organize and find solutions that can work for everyone. It is terrible to ask people to 'just move on' when there is really no place for them to go, and no real options for them to sustain their lives. Please do not take any action yet to Ban people (the poorest of the poor) from sleeping in their cars. Many citizens of this city and the surrounding communities are organizing, forming a coalition to alleviate the situation, but of course a good solution will take time; have the patience, lend your best ideas and efforts to make a difference, and we will all benefit from an improved quality of life. Please cut and paste the link below to get a more full understanding/picture of the grass roots movement behind this issue. Thank you, Cybele (nee' Judith) LoVuolo-Bhushan http//www.wraphome.org "Look to this day for it is life. In its brief course lie all the realities and truths of existence. The joy of growth, the glory of action, the splendor of beauty ... today well-lived makes every yesterday a memory of happiness and every tomorrow a vision of hope. Look well, therefore, to this day." -Ancient Sanskrit proverb 10 First, I would like to thank you all for your attention to this issue in our Cubberley neighborhood while on vacation/summer break. Your valuable time as city volunteers is very much appreciated. The Cubberley patrons and surrounding neighborhoods have at least three separate issues (just what I've taken away from observations and experiences tho I have been away a bit this summer due to family emergencies in another state). As a reSident, I see Cubberley field when I look out of my front door. 1. Yes on the Ban of Vehicle Dwelling in Palo Alto - I'm hoping to see Peninsula cities partner together toward a solution of this shared homeless population, meanwhile I'm asking you to vote yes to pass the Ban on Vehicle Dwelling in Palo Alto. The "StopTheBan13" group is putting flyers on all our car windshields city-wide. The flyer is spreading mis-information claiming that no other peninsula city has banned vehicle dwelling, which is not helpful. While this group has concern and empathy for the homeless, this collective group does not live near Cubberley or understand the neighborhood impact. Let's get the facts. The following is the ordinance for Mountain View: (sec. 19.111.c) "No vehicle parked upon any public street shall be occupied or used for dwelling purpose." Not sure if Cubberley counts as a public street. Maybe the ownership is the School District? Misinformation is not constructive, and the safety of our residents isforemost. Agreed? Cubberley is not a location on so many levels to house, care, and/or camp the homeless. The risks for the reSidents, tenants, clients, senior citizens, students, children and the homeless at Cubberley are just not worth the possible outcome(s) of an inCident, accident and/or crime. The environment at this facility should not provoke fear, aVOidance, disinterest in the amenities and services, and cause unnecessary precaution on the part of community in which it serves and resides. 2. Homeless services at the Cubberley site -Peninsula cities need to partner their resources to identify and re- locate these services to the homeless population. 3. Camping/habitation issue I am concerned a vehicle habitation ordinance will not address the camping issue . Perhaps, it just means folks sleep in the covered areas around the campus, and not in their cars. This is not better. I do not believe it is specifically a "homeless" issue. It is about permitted land uses, and maybe zoning. Is Cubberly permitted to be a free campground? Was there a process to allow this? Habitation should be in deSignated areas, that are suitably prepared for that use. When a school randomly becomes a free campground, has anyone really been served? At best, it is temporary, and at worst it is highly disruptive to the surrounding area and dangerous for everyone (including the campers). Recent observations- July 27, 2013 Saturday: -This morning, was walking in Cubberley this AM and saw a homeless guy with an old laptop and an extension cord plugged into a wall socket, using the library internet and grumpy that I was disturbing him. -This afternoon, was in Cubberley and saw a full shopping cart with shoes and belongings hanging out of it, two homeless people next to a bed on the ground having a nice lunch, a tree stuffed with someone's belongings, and another guy with a bike full of trash. -Meanwhile, two kids who were by the tennis courts were poking at an old sleeping bag sitting behind a bush and nearby there was a classroom entryway with another bed set up with some cardboard for insulation. -At the car camp, the generator was going so someone could power their electronics and a new RV showed up to park under the tree. BaSically, a campground except the amenities are better. July 28, 2013 Sunday: -Was by Cubberley on the way to the Pet Store this am. Saw many people(8-10) living under the trees. They all looked very settled. July 29, 2013 Monday: 4 -While riding my bike behind Piazza's (where I shop almost daily for my family of five), a homeless person jumped out of a dumpster and threw garbage while yelling. July 30, 2013 Tuesday: -While walking with my dog home from Piazza's on the Cubberley path to Nelson Drive, a homeless man yelled at us and provoked my dog. I started to run (with dog and groceries) to avoid a confrontation where contact with my dog might be possible. I'm not comfortable with such a new threat and liability in my neighborhood where I rely on walking and biking and where I support local retail in my neighborhood. I can't emphasize enough the change in character, family usability and safety of our neighborhood since the homeless have moved to the grounds at Cubberley. Sincerely, Mary Anne Deierlein 318 Parkside Dr Palo Alto, CA 94306 5 There is no guilty state of mind in someone seeking shelter in a vehicle, thus how can the City of Palo Alto justify enacting a law against a group of people who do not possess mens rea and who are not causing any harm to any other person or propertj? There are hundreds and thousands of working people who choose to live out of vehicles to save money. Money that would otherwise be handed over to wealthy landlords. Vehicle Habitation Ordinances are in one context a form of extortion that forces working people to hand over the fruit of their labor, 70 to 90 percent of their income, to property owners. Not once, not twice,butmonth after month and year after year. 7