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ATTACHMENT A
ACTION NO. ------2024
RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO’S LAND USE ACTION (1) RECEIVING THE RECOMMENDATION OF THE HISTORIC RESOURCES BOARD AND (2) PLACING 16 PROPERTIES
ON THE LOCAL HISTORIC RESOURCES INVENTORY WHOSE OWNERS POSITIVELY AFFIRMED
INVENTORY PLACEMENT
On April 22, 2024, the Council reviewed the recommendations of the Historic Resources Board and staff regarding the placement of properties previously deemed eligible for listing on the National Register of Historic Places and California Register of Historical Resources, and approved the placement of the properties, for which no objections were received from the property owners, on City’s Historic Resources Inventory, making the following findings, determination, and declarations:
SECTION 1. Background. The City Council of the City of Palo Alto (“City Council”) finds, determines, and declares as follows:
A. In 2022, the City Council directed the City to obtain consultant assistance (ID # 14189) and the City’s consultant, Page and Turnbull, conducted the 2023 Historic Reconnaissance Survey, finding 147 properties still extant with integrity and eligible for listing on the local historic resources inventory.
B. The Historic Resources Board (HRB) conducted four public hearings to consider the eligible properties identified in the survey, on November 9 and December 14, 2023, and January 11 and January 25, 2024; the HRB received the staff reports and conducted public hearings where public comments were provided, and staff and the HRB received many property owners’ written and oral objections regarding the recommendations.
C. Staff held many conversations with property owners, but most owners objected without having conversations or attending the hearings. During and after the HRB hearings, staff tallied the properties for which no objections had been received.
D. For the April 22, 2024 Council action, staff recommends Council place the properties on the local Historic Resources Inventory properties whose owners have positively affirmed the listing previously (unless they object during or prior to the City Council meeting); staff is seeking alternative methods to certified mailings to reach out again to all ‘non- objections’ properties requesting they contact staff prior to the April 22, 2024 meeting to affirm the local inventory listing.
E. The City of Palo Alto Comprehensive Plan Program L7.1.1 states: “Update and maintain the City’s Historic Resource Inventory to include historic resources that are eligible for Item 12
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local, State, or federal listing. Historic resources may consist of a single building or structure or a district.”
F. The City of Palo Alto Comprehensive Plan Program L-7.2 states: Policy L-7.2 states “If a proposed project would substantially affect the exterior of a potential historic resource that has not been evaluated for inclusion into the City’s Historic Resources Inventory, City staff shall consider whether it is eligible for inclusion in State or federal registers prior to the issuance of a demolition or alterations permit. Minor exterior improvements that do not affect the architectural integrity of potentially historic buildings shall be exempt from consideration. Examples of minor improvements may include repair or replacement of features in kind, or other changes that do not alter character-defining features of the building.”
G. The City of Palo Alto is a Certified Local Government with the obligation to maintain a system for the survey and inventory of local historic resources; the City of Palo Alto has conducted three surveys and also prepares individual historic resource evaluations on a case-by-case basis (when demolition is proposed or in response to property owner request) to determine whether these are historic resources subject to the California Environmental Quality Act.
SECTION 2. Environmental Review. Maintenance of the historic designation of properties or reclassification of a historic designation of a property is not a project under the California Environmental Quality Act (CEQA) and CEQA Guidelines per Section 21065.
SECTION 3. Designation Findings.
A. The following criteria, as specified in Municipal Code Section 16.49.040 (b), have been used as criteria for designating historic structures/sites to the historic inventory:
(1) The structure or site is identified with the lives of historic people or with important events in the city, state or nation;
(2) The structure or site is particularly representative of an architectural style or way of life important to the city, state or nation;
(3) The structure or site is an example of a type of building which was once common, but is now rare;
(4) The structure or site is connected with a business or use which was once common, but is now rare;
(5) The architect or building was important;
(6) The structure or site contains elements demonstrating outstanding attention to architectural design, detail, materials or craftsmanship.
B. Municipal Code Section 16.49.020 (b) provides definitions for the local historic resources inventory categories:
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Category 1: "Exceptional building" means any building or group of buildings of preeminent national or state importance, meritorious work of the best architects or an outstanding example of the stylistic development of architecture in the United States. An exceptional building has had either no exterior modifications or such minor ones that the overall appearance of the building is in its original character.
Category 2: "Major building" means any building or group of buildings of major regional importance, meritorious works of the best architects or an outstanding example of an architectural style or the stylistic development of architecture in the state or region. A major building may have some exterior modifications, but the original character is retained.
Category 3 or 4: "Contributing building" means any building or group of buildings which are good local examples of architectural styles and which relate to the character of a neighborhood grouping in scale, materials, proportion or other factors. A contributing building may have had extensive or permanent changes made to the original design, such as inappropriate additions, extensive removal of architectural details, or wooden facades resurfaced in asbestos or stucco.
C.Designation of historic structures/sites is covered under section 16.49.040 of Chapter
16.49: Procedure for Designation of Historic Structures/Sites or Districts. Any individual or group may propose designation as a historic structure/site or district. Such proposals shall be reviewed by the historic resources board, which will make its recommendation to the council. Designation of a historic structure/site or district must be approved by the city council. The procedure for such designation is as follows:
(a) The historic resources board shall recommend to the city council approval, disapproval or modification of an application for designation.
(b) The city council may approve, disapprove or modify a recommendation for designation and, in any case where an application for a planning or building permit is pending concurrently with the proposal for designation, such decision shall be made within thirty days of the recommendation, if any, of the historic resources board. (c) After approval of the designation of a structure/site or district, the city clerk shall send to the owners of the property so designated, by mail, a letter outlining the basis for such designation and the regulations which result from such designation. Notice of this designation shall also be filed in the building department and the department of planning and development services files.
SECTION 5. Placement on Local Historic Resources Inventory Approved. The City Council approves the placement of the following properties whose owners have affirmed acceptance with placement on the City’s Historic Resources Inventory:
1. 731 Emerson Street as a Category 2 resource, under local Criteria 2 and 5
2. 243-245 Webster Street as a Category 2 resource, under local Criterion 2
3. 330 Cowper Street as a Category 2 resource, under local Criterion 1
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4. 541 E Crescent Drive as a Category 2 resource, under local Criteria 2, 5, and 6
5. 421 California Avenue as a Category 2 resource, under local Criteria 2 and 5
6. 1401 Edgewood Drive as a Category 2 resource, under local Criteria 1, 2, and 5
7. 1474 Edgewood Drive as a Category 2 resource, under local Criteria 2 and 5
8. 2340 Tasso Street as a Category 2 resource, under local Criteria 2 and 5
9. 311 El Carmelo Avenue as a Category 2 resource, under local Criterion 2
10. 541 Bryant Street as a Category 2 resource, under local Criteria 2, 5, and 6
11. 437 Kipling Street as a Category 2 resource, under local Criteria 1, 2, and 4
12. 1275 Dana Avenue as a Category 1 resource, under local Criteria 5 and 6
13. 832 Kipling Street as a Category 2 resource, under local Criterion 2
14. NW of Palo Alto Avenue & Hale Street (Cistern and Pump House) as a Category 2 resource under local Criteria 1 and 2
15. 201 Alma Street (water tower site) as a Category 1 resource under local Criteria 1, 4, and 5
16. 2601 East Bayshore Road (The Federal Telegraph Company – Marsh Station) as a Category 1 resource under Criteria 1, 4, and 5.
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST: APPROVED:
_________________________ ____________________________
City Clerk Director of Planning and
Development Services
APPROVED AS TO FORM:
___________________________
Senior Asst. City Attorney
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Attachment B
147 Eligible Properties Listed in Survey Report
The below list shows the addresses of 147 properties previously found eligible for the National and State historic registers, that the City’s consultant found eligible for listing on the City’s local historic inventory. Included in this list published in the survey report are properties for which objections were received and for which no objections were received.
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Properties Eligible for HRI
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Attachment C
Survey Report - Properties Removed
The City’s consultant found 14 properties have been demolished, and three were found to have been altered enough to result in a loss of historic integrity and are thus no longer eligible historic resources. Three properties were not awarded a final evaluation due to either ongoing construction or damage. The properties identified as demolished, altered, or for which no evaluation was made, are noted in the consultant report.
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Properties Removed from
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City Council
Staff Report
From: City Manager
Report Type: INFORMATION REPORTS
Lead Department: Public Works
Meeting Date: April 22, 2024
Report #:2308-1956
TITLE
Semiannual Update on the Status of Capital Improvement Program Projects; CEQA Status – Not a Project
RECOMMENDATION
This report is provided for information only and requires no Council action.
EXECUTIVE SUMMARY
The City Council and Palo Alto community can be proud of the City’s capital improvement program (CIP). The CIP represents major investments in infrastructure functionality and sustainability, funded largely through the 2014 Council Infrastructure Plan as well as utility rates and various other sources. The 2024-2028 five-year CIP totaled $1.2 billion for 209 projects as reviewed by the Council in its adoption of the FY 2024 Capital Budget. Since July 2016, the City of Palo Alto has completed 96 individual community-serving projects totaling over $353 million in improvements. A summary of all completed CIP projects is provided at the end of Attachment A.
The CIP also represents a major effort for much of the City workforce. The following table summarizes the status of all projects for the six-month period of July to December 2023.
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One Time CIP
Capital Improvement Fund Recurring
CIP Pre-Design Design Procurement Construction Completed Buildings and Facilities 10 3 15 0 7 0
Parks and Open Space 9 2 12 0 2 0
Streets and Sidewalks 8 0 3 0 0 0
Traffic and Transportation 5 1 6 2 2 0
Airport 0 0 3 2 1 0
Electric 9 3 10 0 4 0
Fiber Optics 2 0 2 0 0 0
Gas 4 0 1 0 1 0
Stormwater Management 2 0 3 0 3 0
Water 7 1 1 0 3 0
Wastewater Collection 4 0 0 0 1 0
Wastewater Treatment 1 1 4 0 4 0
Subtotals 61 11 60 4 28 0
Total 164
BACKGROUND
This report provides Council with an update on the status of capital improvement program (CIP) projects, with detailed and useful information for the Council and public regarding general fund and enterprise fund projects that appear on Council agendas and will be visible throughout the community. The report does not include Internal Service Funds projects (Information Technology and Vehicle).
ANALYSIS
Project Update Organization
The City of Palo Alto has a robust capital improvement program, and many individual projects are in progress at any given time. The 2024-2028 five-year CIP totaled $1.2 billion for 209 projects as reviewed by the Council as part of the adoption of the FY 2024 Capital Budget. The attached CIP project tables are intended to provide Council with a quick overview of each project, including budgetary information, the anticipated completion date, a brief description of the project scope, the status of the project, and upcoming activities including Council actions.
Also included in the report is a list of all completed projects since the introduction of the Infrastructure Management System.
Major/Significant Projects Summary
The 2014 Council Infrastructure Plan is a major focus of staff’s capital improvement program efforts and ties to several 2024 City Council Priorities and related objectives. The following table details the Total Project Budget and Total Actual Expenses through February 26, 2024, for the Infrastructure Plan projects.
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Council
Infrastructure
Plan Projects
CIP
Number
Project Update
Total Project
Budget
Total Actual
Expenses*
New Public Safety
Building PE-15001 Construction is underway with completion expected in spring 2024. $118,137,997 $105,703,406
Bicycle and
Pedestrian
Transportation
Implementation
Plan
PL-04010
This project funds the Bicycle and Pedestrian
Transportation Plan Update, which has
kicked off recently and is slated to take
approximately 18 months to complete. This
project also funds the implementation of
various bicycle and pedestrian projects.
Currently, one of the projects is the
Embarcadero Road Improvements Project
(from Emerson to High Street), which
provides improvements on both the north
and south sides of Embarcadero Rd., from
Emerson to High Street. Improvements
include intersection improvements at
Emerson and Kingsley; landscaping, new
pedestrian level lighting; and bicycle and
pedestrian enhancements. Final Design is
currently being completed, and the project
will be ready to bid for construction in 2024.
$15,293,904 $9,679,699
New Downtown
Parking Garage PE-15007
Council directed staff to look at the feasibility
of partnering with a private entity to develop
new parking using downtown in-lieu parking
fees in conjunction with housing or other
uses, including the use of City surface lots or
privately held parcels. A Request for
Information was issued in December 2022
and staff reviewed proposals and held
interviews in May 2023. Council gave
direction to staff in December 2023 to
advance the project in conjunction with
advancement of affordable housing in the
Downtown area.
$7,488,918 $1,440,311
New California
Avenue Area
Parking Garage
PE-18000 Completed $50,213,486 $49,411,201
Charleston
Arastradero
Corridor Project
PE-13011
Phase 1 & 2 improvements are complete.
Phase 3 construction is underway with
completion expected spring 2024.
$20,788,951 $20,112,144
Fire Station 3
Replacement PE-15003 Completed $10,588,654 $10,588,654
Highway 101
Pedestrian/Bicycle
Overpass Project
PE-11011 Completed $23,718,769 $23,718,769
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Fire Station 4
Replacement PE-18004
Received Architectural Review Board
approval in October. Council approved a
construction management contract in
December 2023 and 90% construction
documents are expected in early 2024.
$15,329,846 $1,003,046
Byxbee Park
Completion PE-18006 On hold pending completion of Baylands Comprehensive Conservation Plan. $3,699,189 $368,192
Downtown
Automated
Parking Guidance
Systems
PL-15002
Council approved a design build contract in
May 2023. Design for the four garages
started in summer 2023 and construction is
expected to be completed in fall 2024.
$5,197,833 $1,141,499
The last phases of the Charleston/Arastradero Corridor project and the Public Safety Building project are expected to be completed in spring 2024. Current Infrastructure Plan project schedules can be found at https://www.infrastructure.cityofpaloalto.org/ Key considerations for the information presented in the project update tables include:
•Project status information is current as of December 2023. •The individual project tables align with the Capital Improvement Fund categories in the Fiscal Year 2024-2028 capital budget: Buildings and Facilities, Parks and Open Space, Streets and Sidewalks, and Traffic and Transportation.
•Enterprise Fund projects follow the order of their respective Fund in the capital budget. •Department Technology Upgrades and Improvements projects and Cubberley Property Infrastructure Fund projects are included in the Buildings and Facilities table. •Additional project information is available in the Fiscal Year 2024-2028 capital budget. •Each project table is divided into a section for one-time projects and a section for recurring projects that have ongoing annual funding.
•Budgetary figures include staff oversight costs for projects to which staff costs have been allocated.
•The table of completed projects, provides a summary of all CIP projects completed since the Biannual CIP updates to council began in 2016. The data is sorted from most recent to oldest.
Completed Projects
There were no completed one-time projects in the first half of Fiscal Year 2024 (July through December 2023).
One-time projects do not include the significant amount of annual work completed under ongoing recurring projects, such as streets and sidewalks repairs, parking lot maintenance, roofing replacements, and regular maintenance of Utilities assets.
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One-Time Projects Under Construction
The twenty-eight projects that are currently underway include the following:
Capital Improvement Fund (general fund):
•Boulware Park Improvements (PE-17005)
•Cameron Park Improvements (PG-14002)
•Charleston-Arastradero Corridor Project (PE-13011)
•Churchill Avenue/Alma Street Railroad Crossing Safety Improvements (PL-20000) •City Facilities Assessment and Record Plan Management System (PE-20002) •Civic Center Fire Life Safety Upgrades (PE-18016)
•Civic Center Waterproofing Study and Repairs (PE-15020) •Homekey Facilities (PE-24005)
•JMZ Renovation (AC-18001)
•New Public Safety Building (PE-15001)
•Roth Building Rehabilitation Phase 1 (PF-23001)
Airport Fund
•Airport Layout Plan (AP-21000)
Electric Fund
•Inter Substation Line Protection Relay (EL-17005)
•Foothills Rebuild Fire Mitigation (EL-21001)
•Smart Grid Technology Installation (EL-11014)
•Substation Physical Security (EL-16003)
Gas Fund
•Gas Main Replacement Project 24 (GS-14003)
Stormwater Management Fund
•East Meadow Drive System Upgrades (SD-22000)
•East Meadow Circle Connection to Adobe Creek Pump Station (SD-26000) •Trash Capture Device Installation (SD-22002)
Wastewater Collection Fund
•Wastewater Collection System Rehabilitation Augmentation Project 31 (WC-19001) Wastewater Treatment Fund
•Joint Intercepting Sewer Rehabilitation (Phase 1) (WQ-24000) •Plant Master Plan (WQ-10001)
•Primary Sedimentation Tank Rehabilitation (WQ-14003)
•Secondary Treatment Upgrades (WQ-19001)
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Water Fund
•Water Main Replacement Project 29(WS-15002)
•Water Regulation Station Improvements (WS-07000)
•Water Tank Seismic System Upgrades (WS-09000)
As described above for completed projects, the list of projects under construction does not include work currently being conducted under recurring CIP projects.
Below are some photos of projects under construction:
New Public Safety Building (PE-15001)
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Public Safety Building Update
The Public Safety Building project made significant progress in the first half of Fiscal Year 2024.
Exterior brick, tile, and plaster are almost completed. Permanent power to the building switchgear was completed in September 2023. The communications monopole was installed in October 2023. The roofing was completed. The Tier 4 emergency generator has been installed.
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Utility tie-ins have been completed. Sitework is in progress on Park Boulevard, Birch Street, Jacaranda Lane, and Sherman Avenue. Interior build out and mechanical, electrical, and plumbing systems are almost complete. Painting and interior finishes installation have begun.
The photovoltaic panel system has been completed. The photovoltaic panel system serving the PSB is located on the roof of the 350 Sherman Avenue Garage. As of December 2023, construction is 94% complete and 82% of the project’s construction contingency has been used.
Staff continues to coordinate with the City Auditor, Baker Tilly, on the Public Safety Building Construction Audit by providing project documents on a monthly basis. Additionally, a cross- departmental staff team is meeting monthly to review and coordinate construction of the Public Safety Building and other projects in the California Avenue area, with a goal of communicating and mitigating the impacts.
Capital Improvements of Note Implemented by Other Agencies El Camino Real:
El Camino Real (State Highway 82) is maintained by Caltrans. Pavement Condition Index scores for El Camino Real are significantly lower than the average for Palo Alto streets. Staff has been communicating with Caltrans about the upcoming plans to repave El Camino Real from the Mountain View to Menlo Park borders. Currently, this work is planned to start in late 2024.
Related work to address ADA updates/shoulder and sidewalk work at different points along El Camino Real is underway with temporary parking and shoulder closures in effect.
Caltrain Electrification:
Caltrain is on schedule to provide all-electric train service between San Jose Diridon and San Francisco stations in fall 2024. All foundations, poles, and wires have been installed along the 51-mile corridor and crews are currently testing the infrastructure and trains. Six of the eventual 23 trainsets are currently on Caltrain property, three of which have completed a thousand miles of testing along the Caltrain corridor. The entirety of the new fleet must meet all safety and quality standards prior to the launch of electrified service in Fall 2024. Testing of the trains in the Palo Alto city limits is expected to begin in March 2024. Caltrain work continues requiring partial lane closures of Alma Street to vehicle, bicycle, and pedestrian traffic. The temporary lane closures are required due to trenching and construction equipment and crews entering and exiting the Caltrain right-of-way along Alma Street.
FISCAL/RESOURCE IMPACT
Funding for the projects discussed in this report was appropriated in the Fiscal Year 2024 Adopted Capital Budget and reviewed for the 2024-2028 Five-Year CIP.
STAKEHOLDER ENGAGEMENT
This report was coordinated with internal City staff in the Administrative Services, Community Services, Office of Transportation, Public Works, and Utilities Departments. Stakeholder engagement is conducted separately for each project.
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ENVIRONMENTAL REVIEW
This report is exempt from the California Environmental Quality Act (CEQA) as it is an informational report to Council. CEQA compliance is reviewed separately for each capital project.
ATTACHMENTS
Attachment A: CIP Project Status Updates and Completed Projects List APPROVED BY:
Brad Eggleston, Director Public Works/City Engineer
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ATTACHMENT A
Semiannual Update on the Status of Capital Improvement Program Projects (This page is a summary outline of Attachment A)
Capital Improvement Fund CIP Projects
Buildings and Facilities Projects
Parks and Open Space Projects
Streets and Sidewalks Projects
Traffic and Transportation Projects
Enterprise Fund CIP Projects
Airport Projects
Electric Projects
Fiber Optics Projects
Gas Projects
Stormwater Management Projects
Wastewater Collection Projects
Wastewater Treatment Projects
Water Projects
List of Completed Projects
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Buildings and Facilities Projects Status as of December 2023 One‐Time Projects
Animal Shelter
Renovation
(PE‐19002)
Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion $2,920,943 $5,981,221 Public Works Design TBD
Project Status: This project installs interim facility improvements to the Animal Shelter that accompany the agreement for operation of the shelter by Pets In Need approved by City Council in November 2018. The medical area upgrades and the modular office building are complete. The new kennel addition has been submitted for building permit. Project was placed on hold following receipt of Pets In Need's letter providing one‐year notification of termination of the agreement between Pets In Need and the City. Public Works and Community Service Department staff are reviewing the project while negotiations continue on a new agreement. Project completion is undetermined because the project definition is dependent on the approval of a new agreement between the City and Pets In Need.
Baylands Boardwalk Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion Piling Repair $0 $276,461 Public Works Design Winter 2025 (PE‐24000) Project Status: This project provides funding for the identification and implementation of a long‐term solution to damage caused by aquatic borers to The Lucy Evans Baylands Interpretive Center’s boardwalk. The project permitting and design are in progress. The piling repair project requires permits from the San Francisco Bay Regional Water Quality Control Board, Bay Conservation and Development Commission, United States Fish and Wildlife Services, and United States Army Corps of Engineers. Due to the biological restrictions, project construction will occur outside of the Ridgeway’s rail nesting season between September 1, 2024 and January 31, 2025
City Facilities
Assessment and
Record Plan
Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion $177,071 $333,134 Public Works Construction Summer 2024 Project Status: The Kitchell Report in 2008 summarized the last City‐wide facility condition assessment. A new facility condition assessment is warranted per the City’s APWA reaccreditation requirements. All City facilities will Buildings and Facilities Projects – Page 1 of 11
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Buildings and Facilities Projects Status as of December 2023 Management
System
(PE‐20002)
be assessed to bring current the “catch‐up” and “keep up” costs. In addition, an electrification assessment will be included to help the City reach its sustainability goals for 2030. Council awarded the contract in April 2022. All City facilities have been assessed for the Condition and Electrification assessments. The data is currently being evaluated in the new Capital Predictor software to generate reports detailing the current “catch‐up” and “keep up” costs, while staff continues to evaluate the draft reports. A detailed list of buildings for electrification is being analyzed to determine prioritization for replacements. An Electronic Records Management System will be implemented through TE‐13004. This project will compile all sources of building documents into a singular repository. The cooperative agreement for this project will begin in spring 2024.
City Hall Space
Planning
Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion $45,701 $650,907 Public Works Design Summer 2025
(PE‐19000) Project Status: This project involves space planning to determine future workgroup space needs and programming for the City Hall office building focused primarily on the areas that will be vacated once the new Public Safety Building is complete and occupied. The project will include preliminary design of the space following the initial feasibility phase. A Request for Proposals (RFP) is being drafted and is expected to be released in summer 2024.
Civic Center Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion Electrical Upgrade
& EV Charger
Installation
$554,045 $2,141,929 Public Works Design Spring 2025
Project Status: This project installed EV chargers in existing downtown garages and will replace the aging Civic Center electrical switchgear and motor control centers. EV charger construction at the Civic Center, Bryant Street garage and Webster Street garage was completed in December 2021. A contract was awarded in June 2021 for the design of the Civic Center switchgear replacement and is currently at the 90 percent design stage. Lead times on switch gear are now taking 12 months, so the project completion date has been extended. The structural analysis design of the switchgear area and its permit set will be completed in January 2024. (PE‐17010)
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Buildings and Facilities Projects Status as of December 2023 Civic Center Fire
Life Safety
Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion $478,938 $1,031,443 Public Works Construction Spring 2024 Upgrades
(PE‐18016) Project Status: This project will assess, update, and replace the Civic Center fire alarm system. The fire life safety system is approaching the end of its useful life. The fire alarm panel and associated equipment need an upgrade to meet current code requirements. The award of a design‐build contract was approved by Council in June 2021.
Construction in the main tower areas is nearly complete. The ground floor and the garage levels are yet to be completed. The project completion date has been extended to April 30, 2024.
Civic Center Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion Waterproofing
Study and Repairs
(PE‐15020)
$769,908 $1,153,021 Public Works Construction Summer 2025 Project Status: This project includes a condition assessment of the Civic Center plaza deck structural system. In 2016, RDH Building Science, Inc. determined that the expansion joint on the plaza could be repaired and that replacing the waterproof coatings on the inside of the plaza perimeter planter boxes was needed. Repair of the waterproofing joint in front of City Hall was completed in winter 2023. Staff will start procurement for a design contract in summer 2024 focused on the repair of the perimeter planter boxes.
Cubberley Gym Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion HVAC Replacement $0
(CB‐24000)
$809,297 Public Works Design Fall 2024
Project Status: The existing heating system in Cubberley Gyms A & B is original to the building, which was constructed in the mid‐1950s. The system is currently not functioning because multiple leaks have developed in the steel hot water piping, which is in the walls and under the floor. These leaks contributed (in addition to a domestic water main supply leak) to significant water damage in the walls, floors, and crawl spaces of the gyms.
Asbestos and mold were remediated from the under‐floor crawl space. All the old heating units and piping were removed from the ceilings in both gyms. The next step is to hire a consultant to create design drawings for a new heating system. Due to staff workload constraints, design will begin in early FY 2025.
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Buildings and Facilities Projects Status as of December 2023 Electrification of
City Facilities
(PE‐24001)
Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion $1,017,599 Public Works Pre‐Design Fall 2030
Project Status: This project will evaluate feasibility, prepare designs, and implement construction for the electrification of fossil fuel consuming building systems in coordination with the Building Systems Improvements project (PF‐01003). The City Facility Electrification assessment report will act as a workplan to implement the electrification of City facilities.
$
Fire Station 4
Replacement
(PE‐18004)
Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion $683,253 $15,329,842 Public Works Design Winter 2026
Project Status: This project will replace Fire Station #4 at the corner of Middlefield Road and East Meadow Drive.
The design consultant has completed design development and received Planning approval for the project in November 2023. A construction management contract was awarded in December 2023. Architect will submit for building permit review in spring 2024.
Fire Training Facility Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion Replacement $0 $55,293 Fire Department Pre‐Design Summer 2026 (FD‐24000) Project Status: This project will identify an appropriate site and construct a new fire training facility in Palo Alto.
This will be the first City‐owned and City‐maintained permanent fire training facility, and it will allow training to be conducted within City limits and therefore reduce the downtime associated with the need for staff to travel for training and when responding to calls.
Homekey Facilities Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion (PE‐24005) $0 $4,500,000 Public Works Construction Spring 2025 Project Status: This project involves relocating the City of Palo Alto (City) GreenWaste facility from its current site on one portion of 1237 San Antonio Road to the rear portion of the same site as a result of adding the Homekey Palo Alto interim housing. Homekey Palo Alto will be operated by LifeMoves who will provide intensive, Buildings and Facilities Projects – Page 4 of 11
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Buildings and Facilities Projects Status as of December 2023 customized case management for clients including counseling, employment and housing search services with the goal of paving a dignified path to self‐sufficiency. Construction began in October 2023.
JMZ Renovation Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion (AC‐18001) $3,618,438 $4,966,603 Community Services Construction Spring 2024 Project Status: This project provides for the temporary relocation of the Junior Museum and Zoo and the construction of a new facility and exhibits. The California Dinosaur Garden exhibit, which is partially funded by a reimbursable federal grant, was opened with a special ribbon cutting ceremony in October 2023. Funds associated with the grant are expended against the project until reimbursements are made. All work is expected to be completed in FY 2024.
Library Automated Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion Material Handling $166,947 $1,085,100 Library Design Spring 2024 LB‐21000 Project Status: This project is to provide the design and construction of three new Automated Material Handling (AMH) Systems for the College Terrace, Children’s, and Downtown Libraries. Due to space constraints and limited functionality, only the Children’s Library installation will be proceeding. AMH systems efficiently sort returned library materials based on the Radio Frequency Identification Devices (RFID) on the materials. Project design is complete, and construction is waiting on permit issuance. Construction is estimated to start in May 2024.
Lucie Stern Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion Community Theater $0 $2,756,854 Public Works Pre‐Design Fall 2026 Mechanical
Equipment
Replacement
(PE‐24002)
Project Status: This project will upgrade and replace the Heating Ventilation and Air Conditioning (HVAC) system at the Lucie Stern Community Theatre. As a first step, the project will include a detailed feasibility study to determine if natural gas‐powered equipment in the facility can be electrified.
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Buildings and Facilities Projects Status as of December 2023 Lucie Stern
Community Theater $0
Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion $221,169 Community Services Design Fall 2024
Fire Curtain Project Status: This project will replace the fire curtain and its associated rigging at the Lucie Stern Community (AC‐24001) Theatre.
Lucie Stern Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion Community Theater $0 $116,113 Community Services Design Summer 2024 Stage Project Status: This project will refurbish the most heavily used components of the stage rigging system at the Rigging System
Refurbishment
(AC‐24000)
Lucie Stern
Lucie Stern Community Theatre. The scope of work is currently under review by the department.
Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion Community Theater $0
Theatrical Project Status: This project will upgrade and replace lighting systems at the Lucie Stern Community Theatre for and House Lighting back‐stage work areas, the performance stage, and audience areas. The project team is in the process $372,252 Public Works Design Fall 2024
System of contracting with a consultant to prepare biding documents for a design‐build procurement.
Replacement
(PE‐24003)
Mitchell Park
Library Repair
(PE‐24006)
Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion $0 $250,000 Public Works Design Summer 2024
Project Status: This project will design and repair the damage caused by a vehicular accident in January 2023. A vehicle ran into the north wall of the Mitchell Park Library near the center of the building. The car impacted an area of the stone cladding on cold‐formed steel studs, causing the cladding to fall from the wall and the wall to bulge into the building’s interior. Architectural and structural survey and reports were completed. The stone cladding wall will require replacement, but the structural steel frame was not damaged. A consultant will provide a proposal to replace the stone cladding wall.
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Buildings and Facilities Projects Status as of December 2023 Municipal Service
Center Lighting,
Mechanical, and
Electrical
Improvements
(PF‐16006)
Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion $1,149,073 $8,786,825 Public Works Design Fall 2024
Project Status: This project replaces original mechanical, electrical, and lighting systems installed in 1966. It also includes design and construction for office renovations for the Zero Waste group. The design is 100% complete and corrections will be submitted to Building Department in January 2024.
New Downtown
Parking Garage
(PE‐15007)
Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion $1,440,311 $7,488,904 Public Works Design TBD
Project Status: This project was intended to provide a new parking structure in the University Avenue commercial area at existing Parking Lot D at the corner of Hamilton Avenue and Waverley Street. As part of the FY 2021 budget strategy, all Capital Improvement Fund funding has been removed and only the downtown parking in‐lieu fee funding remains for this project. In December 2021, Council directed staff to look at the feasibility of partnering with a private entity to develop new parking using downtown in‐lieu parking fees in conjunction with housing or other uses, including the use of City surface lots or privately held parcels. A Request for Information was issued in December 2022 and staff reviewed proposals and held interviews in May 2023. Council gave direction to staff in December 2023 to advance the project in conjunction with advancement of affordable housing in the Downtown area.
New Public Safety
Building
Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion $105,703,406 $ 118,137,971 Public Works Construction Summer 2024 (PE‐15001) Project Status: This project will provide a new, modern Public Safety Building (PSB) that will meet essential services standards and the current and future needs of the public safety departments. The PSB and new garage in the California Avenue business district are now an integrated project and both are part of the 2014 Council Infrastructure Plan. Construction on the PSB started in March 2021 and will continue into summer 2024. Exterior brick, tile, and plaster are almost completed. Permanent power was completed in September 2023. The communications monopole was installed in October 2023.The roofing was completed. The Tier 4 emergency Buildings and Facilities Projects – Page 7 of 11
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Buildings and Facilities Projects Status as of December 2023 generator has been installed. Utility tie‐ins have been completed. Sitework is in progress on Park Boulevard, Birch Street, Jacaranda Lane, and Sherman Avenue. Interior build out and mechanical, electrical, and plumbing systems are almost complete. Painting and interior finishes installation have begun. The radio antenna contract was awarded in March 2023. Contracts for communication systems, furniture, fixtures, and equipment were awarded in June 2023. The photovoltaic panel system has been completed. The photovoltaic panel system serving the PSB is located on the roof of the 350 Sherman Avenue Garage.
Performing Arts
Venues Seat
Replacement
(AC‐18000)
Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion $438,343 $1,247,566 Community Services Design Summer 2024 Project Status: This project will replace all the seats in the Community and Children’s Theatres. Staff hired a consultant to design the seat replacements and ADA upgrades for the Children’s Theater’s portion of the project.
Additional funding was added for FY 2023 to address the Community Theater portion. The Children’s Theater seats replacement was completed in November 2022. A contract for the design of the Community Theater was issued in June 2023. Construction is scheduled to take place during summer 2024. Plans have been submitted for plan check and permit approval.
Rinconada Pool
Family Changing
Room
Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion $0 $1,544,303 Public Works Design Spring 2025
Project Status: The project will construct a gender‐neutral restroom and family changing facility that is compliant with the Americans With Disabilities Act (ADA) at the Rinconada Pool. The facility will include two separate rooms, each consisting of a toilet, sink, shower, and child/adult changing station. The facility will provide community members who have special needs, and individuals who require privacy, an accessible space for changing and personal hygiene. A design contract is currently being prepared. (PE‐24004)
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Buildings and Facilities Projects Status as of December 2023 Roth Building
Rehabilitation
Phase 1
Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion $7,797 $11,848,825 Public Works Construction Fall 2024
Project Status: This project provides funding for Phase 1 of the rehabilitation and build‐out of the Roth Building facility. Phase I will make the building suitable for occupancy, also known as a “warm shell.” Phase II of the rehabilitation includes the interior build‐out of the museum and exhibits, readying the facility to welcome visitors, and will be funded by the Palo Alto History Museum (PAHM). A Tenant Work Letter was approved by Council in April 2023 and construction is underway including underground utilities, roof, demolition, and abatement. (PF‐23001)
Recurring Projects
Americans With
Disabilities Act
Compliance
Prior Year Actuals Current Year Budget
$1,342 $884,677
Project Status: This project provides accessibility upgrades to City facilities and equipment. It includes continued funding for improvements such as path of travel, restrooms, drinking fountains, and counters. An updated ADA Transition Plan was adopted by Council in June 2021. Staff is waiting to solicit for new software that will allow staff to identify and log new barriers, track grievances from the public, and update the ADA Transition Plan Report.
Implementing Department Project Phase Project Completion Public Works N/A Recurring
(PF‐93009)
Building Systems
Improvements
(PF‐01003)
Prior Year Actuals Current Year Budget
$735,097 $932,317
Project Status: This project provides electrical, mechanical, plumbing, structural, and security upgrades for City Implementing Department Project Phase Project Completion Public Works N/A Recurring
facilities.
City Facility
Parking Lot
Maintenance
(PE‐09003)
Prior Year Actuals Current Year Budget
$28,800 $385,941
Project Status: This project repairs, resurfaces, or reconstructs parking lots and walkways at various City facilities, Implementing Department Project Phase Project Completion Public Works N/A Recurring
including restriping and signage. Work for this project will be included in the FY 2024 Overlay Project, which is Buildings and Facilities Projects – Page 9 of 11
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Buildings and Facilities Projects Status as of December 2023 anticipated to be awarded in March. The work includes resurfacing of Hopkins and Newell Tennis Courts Parking Lot and Foothills Nature Preserve Water Tower Lots 1 & 2.
Cubberley Repairs Prior Years Actuals Current Year Budget Implementing Department Project Phase Project Completion Public Works N/A Recurring(CB‐17001) $7,302 $201,107
Project Status: This project is for general maintenance needs of the Cubberley campus. The project to remediate the asbestos and mold in the crawl space of Gyms A & B was completed at the end of November 2023.. . The project to remediate the lead base paint and then paint the ceilings and walls is underway and will be done by the end of January 2024.
Cubberley Roof
Replacements
(CB‐16002)
Prior Year Actuals Current Year Budget
$553,008 $2,835,922
Project Status: This project replaces existing roofs at Cubberley Community Center. Currently in design and pre bid stage are the Cubberley Pavilion Flat Roof, T1 & T2 Wings, & U‐Wing roofs scheduled for replacement in the second half of FY 2024.
Implementing Department Project Phase Project Completion Public Works N/A Recurring
Electric Charger
Infrastructure
Installation
Prior Year Actuals Current Year Budget
$0 $307,519
Project Status: This project designs and installs electric vehicle chargers at various City facilities. The primary use of the electric vehicle chargers will be for City fleet vehicles. The design to install six new chargers on Level C of the City Hall parking garage is underway. A new charger was installed next to the Cubberley Wing‐V. Two new chargers were installed at MSC‐B.
Implementing Department Project Phase Project Completion Public Works N/A Recurring
(PF‐23000)
Facility Interior
Finishes
Prior Year Actuals Current Year Budget
$5,172 $735,167
Implementing Department Project Phase Project Completion Public Works N/A Recurring
Replacement
(PF‐02022)
Project Status: This project improves the interior finishes of City facilities, including flooring, walls, cabinets, paint, lighting, ceiling tiles, soundproofing, and fixed office furniture, doors, windows, and associated fire/life safety, Buildings and Facilities Projects – Page 10 of 11
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Buildings and Facilities Projects Status as of December 2023 mechanical, electrical and plumbing code compliance requirements. Design of modifications to the Revenue Collections office area on Level G has restarted and is anticipated to be in construction in spring 2024. New carpet is being selected for the Children’s Library.
Police Video Prior Years Actuals Current Year Budget Implementing Department Project Phase Project Completion Recording Systems $106,395 $132,700 Police Department N/A Recurring Replacement
(PD‐20000)
Project Status: This project maintains the Palo Alto Police Department video recording systems used to record events in the field with up to five in‐car cameras as well as body‐worn cameras (BWC). In‐car units were added to new vehicles as they came into service in FY 2023. An RFP will be issued in summer 2024 for a solution that has mobile video for vehicles, body‐worn cameras, and interview room systems. The program will seek to include all detention facilities in the Public Safety Building which is expected to come online in summer 2024. The Purchasing Department received six RFP submissions. The Police Department will conduct vendor demonstrations from the top three vendors in January 2024.
Roofing
Replacement
(PF‐00006)
Prior Year Actuals Current Year Budget
$288,268 $2,022,410
Project Status: This project replaces existing roofs at City facilities that have outlived their useful lifespans. The Animal Shelter roof recoating has been delayed due to roof modifications required for the proposed kennel remodel. Staff is working on the design for the Peers Park Field House roof replacement.
The Lucie Stern Community Center reroofing project is complete.
Implementing Department Project Phase Project Completion Public Works N/A Recurring
University Avenue Prior Year Actuals Current Year Budget Implementing Department Project Phase Project Completion Public Works N/A RecurringParking $31,299 $149,318
Improvements
(PF‐14003)
Project Status: This project maintains parking lots and parking structures within the University Avenue Downtown Business Parking District.
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Parks and Open Space Projects Status as of December 2023 One‐Time Projects
Baylands Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion Comprehensive $386,401 434,059 Community Services Design Spring 2025 Conservation
Plan
(PG‐17000)
Project Status: This project provides funding for a conservation plan that will examine the native vegetation, wildlife habitat resources, and wildlife‐appropriate public access for the entire Baylands, including Byxbee Park. This plan will provide needed information on best areas to maintain wildlife habitat and appropriate areas to develop trails or other recreation amenities; provide a design overlay for appropriate types and locations of public art in the Baylands; and design an interpretive messaging throughout the Baylands. The plan seeks to optimize opportunities for low impact recreation ensuring that these are compatible with the Baylands Master Plan direction for a passive park and nature preserve. The Conservation Plan will also provide input to the Byxbee Park Completion project.
Baylands
Nature Preserve $0
Prior Years Actuals Total Project Budget Implementing Department $132,701 Community Services
Project Phase Project Completion
Design Summer 2024
Entrance Gate
(OS‐24000)
Project Status: This project will install a new automated gate at the Baylands Nature Preserve main entrance. The existing gate is manually opened and closed by staff each day for public access. The scope of work includes an electrical transformer, trenching, wiring, and gate automation equipment. The design work encompasses sourcing for appropriate equipment and an electrical feed in the open space area.
Boulware Park
Improvements
(PE‐17005)
Prior Years Actuals Total Project Budget Implementing Department $823,665 $6,261,627 Public Works
Project Phase Project Completion
Construction Fall 2024
Project Status: This park renovation project was initially planned in FY 2018 but was postponed due to project priorities and potential purchase of the adjacent AT&T lot located at 3350 Birch Street. In fall 2019, the lot was purchased by the City. In response to the purchase, the City utilized the funding for the initial renovation project for preliminary design and outreach for both the existing park and the newly purchased park land. A Park Improvement Ordinance for the improvements was adopted by the City Council in October 2021. A construction contract was awarded in June 2023 and the project construction began in August 2023 and is anticipated to be completed by fall 2024.
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Parks and Open Space Projects Status as of December 2023 Byxbee Park
Completion
(PE‐18006)
Prior Years Actuals Total Project Budget Implementing Department $368,192 $3,699,189 Public Works
Project Phase Project Completion
Pre‐Design Summer 2026
Project Status: This project allows for the remaining improvements to Byxbee Park that follow the completion of the landfill capping work. The Baylands Comprehensive Conservation Plan (BCCP), which is currently undergoing CEQA analysis, will include recommendations on the scope of the Byxbee Park project. The BCCP and the conceptual plan for Byxbee Park need additional outreach and review. The project has been moved to FY 2025 due to staffing constraints and pending the Baylands Comprehensive Conservation Plan.
Cameron Park
Improvements
(PG‐14002)
Prior Years Actuals Total Project Budget Implementing Department $165,670 $538,898 Community Services
Project Phase Project Completion
Construction Summer 2024
Project Status: This project upgrades and renovates safety and accessibility features at Cameron Park with a primary focus on the park playground. A park improvement ordinance was approved by Council in February 2021. Bids were opened in June 2023. The construction contract was awarded by Council in September 2023 with anticipated completion in summer 2024.
Cubberley Field Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion Design Summer 2024Restroom $347,845 $1,398,526 Public Works (CB‐17002) Project Status: This project will install a new restroom in the sports field area of the Cubberley Community Center.
Design for the project started in fall 2018 along with public outreach. Staff assessed the feasibility of on‐site utilities connection and reviewed design and specifications of a prefabricated restroom building to incorporate in the final design for ARB review. Staff conducted outreach meetings and coordination for the potential location of the proposed restroom. In June 2023, Council approved a purchase order with the Public Restroom Company for a four‐stall prefabricated restroom building. The Public Restroom Company is the process of obtaining the state of California approval of the building design. The project design, bid package, and a building permit will be completed by early 2024.
The project is anticipated to go out to bid in spring 2024 for site preparation and for restroom installation in summer 2024.
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Parks and Open Space Projects Status as of December 2023 El Camino Park
Turf
Prior Years Actuals Total Project Budget Implementing Department $0 $931,121 Community Services
Project Phase Project Completion
Design Spring 2024
Replacement
(PG‐24000)
Project Status: The project will replace the synthetic turf at the El Camino Park playing field. Staff is currently working with a design consultant for preparation of bid documents.
Foothills Nature Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion Design Fall 2024Preserve $0 $255,427 Public Works
Boronda Lake
Dock
Replacement
(OS‐18000)
Project Status: This project replaces an aged and deteriorating Boronda Lake Dock located in the Foothills Nature Preserve. Design for a similar replacement dock is anticipated to be completed in spring 2024 with construction in fall 2024 after bird nesting season.
Foothills Nature Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion Pre‐design Spring 2024Preserve Dam
Seepage
$24,779 $88,591 Public Works
Project Status: This project will study a location of historic seepage from the Foothills Nature Preserve Dam at the sharp bend in the road on the face of the dam. The seepage is very minor, but it appears to be slowly worsening. The source of the seepage is suspected to be the trench backfill around the pipe that returns shallow groundwater to Boronda Lake. This project will locate and investigate the pipe and trench backfill material. Staff continues to monitor and investigate the seepage per the Department of Water Resources inspections and recommendations. Staff completed camera inspections of the underdrain pipes to identify potential obstructions and leakage issues. Depending on the ongoing investigation, an engineered solution may be required.
Investigation
and Repairs
(PE‐20000)
Foothills Nature Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion Design Summer 2026Preserve $698,223 $3,632,918 Public Works Improvements
(PE‐21000)
Project Status: This project will repair the bridge to Sunfish Island and complete design and permitting to replace the footbridge in Los Trancos Valley, replace the grade control structures along Buckeye Creek, provide new split rail fencing to protect sensitive areas, new pedestrian pathways to keep park visitors safe while walking along the park Parks and Open Space Projects – Page 3 of 8
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Parks and Open Space Projects Status as of December 2023 road, and improvements to some of the existing parking areas to make them safer and more efficient. Staff completed a concept plan design and initiated the minor Architectural Review Board process. Staff is proceeding with an RFP to hire a consultant for the detailed design and bid package preparation. Additionally, a design for the repair of Sunfish Island bridge has been completed with repair work slated for spring 2024.
Golf Course Net Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion Design Summer 2025and Artificial
Turf
$0 $932,167 Community Services
Project Status: This project will remove and replace the golf course driving range netting and synthetic turf. This project is being delayed as additional ball retention needs are being assessed throughout the golf course and development of a potential long term partnership with the First Tee of Silicon Valley for driving range and practice facility improvements is under consideration along with changes to the layout of the driving range.
Replacement
(PG‐18000)
Golf Prior Years Actuals Total Project Budget Implementing Department $14,584,775 Public Works
Project Status: This project provides funding for the renovation of the Municipal Golf Course in accordance with the Athletic Center Council approved conceptual plan. The project includes less turf, raising the elevation of the course with imported soil, Project Phase Project Completion
Design Winter 2029Reconfiguration $14,026,970
and Baylands
Improvements
(PG‐13003)
replacement of the irrigation and drainage systems and space for athletic fields. The project will also fund five years of required environmental monitoring of the golf course and staff are in communication with State regulatory agencies to comply with the requirement.
Peers Park
Improvements
(PG‐14001)
Prior Years Actuals Total Project Budget Implementing Department $0 $293,050 Community Services
Project Status: This project will upgrade and renovate the irrigation system and turf at Peers Park. The project will also Project Phase Project Completion
Design Summer 2025
repair playground surfacing, replace dog park surfacing, and upgrade drinking fountains.
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Parks and Open Space Projects Status as of December 2023 Ramos Park
Improvements
(PG‐14000)
Prior Years Actuals Total Project Budget Implementing Department $256,586 $935,037 Community Services
Project Status: This project includes safety and accessibility improvements at Ramos Park. The work includes replacing the existing park playground, benches, drinking fountains, and resurfacing the basketball court playing surface. This project was previously bid but did not move forward at that time. The Ramos Park project will now be bundled with Robles Park Improvements and is anticipated for bid solicitation in spring 2024.
Project Phase Project Completion
Design Summer 2025
Rinconada Park Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion Design Spring 2024Improvements $5,010,174 $9,979,716 Public Works (PE‐08001) Project Status: This project provides upgrades to safety, site amenities, playground facilities, a new restroom, irrigation, drainage, and ADA accessibility improvements at Rinconada Park. These improvements were identified in the Rinconada Long Range Plan (LRP). Phase 1 park improvements to the western half of the park were completed in spring 2022. A new restroom that was removed from the Phase 1 park improvements in FY 2022 is currently in design. In April 2023, Council approved a purchase order with the Public Restroom Company for a two‐stall prefabricated restroom building. Staff completed design and obtained a building permit for site work and restroom. The restroom fabrication is in progress and installation is anticipated in FY 2024. On December 18, 2023, Council awarded a construction contract for restroom site work. According to the LRP, future improvement phases will include improvements to the eastern half of the park by FY 2028 including pathway improvements, ADA upgrades, planting, irrigation, lighting, and site furnishings.
Robles Park
Improvements
(PE‐18015)
Prior Years Actuals Total Project Budget Implementing Department $46,570 $507,817 Public Works
Project Status: This project will replace play equipment and resurface two children’s playground areas; repair a and replace perimeter fencing, pathways and other site amenities. A community meeting was held in September 2023 with an additional community meeting anticipated for 2024. Construction work is anticipated to occur in summer 2024.
Project Phase Project Completion
Design Summer 2025
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Parks and Open Space Projects Status as of December 2023 Recurring Projects
Art in Public
Spaces
Prior Year Actuals Current Year Budget Implementing Department Project Phase $246,702 $1,704,337 Community Services N/A
Project Completion
Recurring
(AC‐86017) Project Status: This project provides the ongoing temporary and permanent artworks throughout the City. The FY 2024 budget supported seven installations for the Code: ART festival downtown and three new murals in the California Avenue district. Projects in process include the ongoing King Artist‐in‐Residence including temporary artwork for King Plaza, artwork for Boulware Park, permanent artworks at the Public Safety Building, artwork at Fire Station 4, and implementation of the California Avenue Public Art Plan.
Athletic Courts
Resurfacing
(PG‐06001)
Prior Year Actuals Current Year Budget Implementing Department Project Phase $88,701 $525,348 Community Services N/A
Project Status: This project repairs and resurfaces athletic courts in various Palo Alto parks. The resurfacing of the Johnson Park basketball court was completed in February 2023. Staff is currently working with a design consultant for preparation of bid documents for the reconfiguration and resurfacing of the Greer Park basketball courts.
Project Completion
Recurring
Benches, Signage, Prior Year Actuals Current Year Budget Implementing Department Project Phase Project Completion Walkways,
Perimeter
Landscaping
(PG‐06003)
$150,643 $440,938 Community Services N/A Recurring
Project Status: This project restores and replaces existing benches, signage, fencing, walkways, and landscaping at various City facilities. The Lytton Plaza fountain improvement project was completed in fall 2023. A consultant completed parking analysis for the Greer Park Skatepark in December 2023. A design consultant was hired to prepare park directory signage for Mitchell Park with an estimated completion of winter 2024.
Prior Year Actuals Current Year Budget Implementing Department Project Phase $31,256 $1325,671 Community Services N/A
Project Completion
Recurring
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Parks and Open Space Projects Status as of December 2023 Dog Park Project Status: This project enables construction of dog parks at various City parks and facilities for constructing new or renovating existing dog parks. A new dog park will be added with the Boulware Park expansion project for which construction started in summer 2023. Council approved a Park Improvement Ordinance in September 2022 for expansion of the Mitchell Park Dog Park. The solicitation of construction bids is anticipated in winter 2024.
Installation and
Renovation
(PG‐18001)
Off‐Road Pathway Prior Year Actuals Current Year Budget Implementing Department Project Phase Project Completion Resurfacing and
Repair
(OS‐09001)
$2,742 $267,876 Public Works N/A Recurring
Project Status: This project resurfaces failing and broken pathways within the City. Pathways are chosen based on inspections and resident requests. This project included discussion of the conceptual repair design and permitting approach with the relevant regulatory agencies that would allow for repairs to the existing Baylands Boardwalk pilings. A permitting strategy was determined to proceed with the repairs.
Open Space Lakes Prior Year Actuals Current Year Budget Implementing Department Project Phase Project Completion and Pond $35,931 $91,855 Community Services N/A Recurring Maintenance
(OS‐00002)
Project Status: This project rehabilitates lakes and ponds in open space nature preserves to protect wildlife habitat and recreational safety and to meet State Division of Safety of Dams requirements. Year three of a three‐year maintenance contract is in place for removal of aquatic vegetation in Boronda Lake. The biannual vegetation removal from the lake was completed in fall 2023.
Open Space Trails Prior Year Actuals Current Year Budget Implementing Department Project Phase Project Completion and Amenities $311,663 $276,462 Community Services N/A Recurring (OS‐00001) Project Status: This project restores unpaved trails, fences, picnic areas, and campgrounds at Foothills, Baylands, and Pearson‐Arastradero Nature Preserves. Work performed in summer 2023 work included the grading of dirt fire roads and repair to drainage systems.
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Parks and Open Space Projects Status as of December 2023 Parks and Open
Space Emergency
Repairs
Prior Year Actuals Current Year Budget Implementing Department Project Phase $367,541 $367,187 Community Services N/A
Project Status: This project replaces or repairs playgrounds, play yard surfaces, wooden structures, park amenities, and play equipment in the event of storms, fire, vandalism, or structural failure. In fall 2023, the Mitchell Park net climber was repaired with a replacement net.
Project Completion
Recurring
(PG‐09002)
Park Restroom
Installation
Prior Years Actuals Current Year Budget Implementing Department Project Phase $6143,533 $893,846 Community Services N/A
Project Completion
Recurring
(PG‐19000) Project Status: This project installs new restrooms at City parks that currently do not have restroom facilities. The restrooms may be prefabricated. City Council approved a Park Improvement Ordinance for Ramos Park. In April 2023, Council approved a purchase order with the Public Restroom Company for a two‐stall prefabricated restroom building. Staff completed design and obtained a building permit for site work and restroom. The restroom fabrication is in progress and installation is anticipated in FY 2024. On December 18, 2023, Council awarded a construction contract for restroom site work.
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Streets and Sidewalks Projects Status as of December 2023 One‐Time Projects
California Avenue Prior Years Actuals
District Gateway $26,943
Total Project Budget
$150,321
Implementing Department Project Phase Project Completion Public Works Design Summer 2025
Signs
(PE‐17004)
Project Status: This project includes the design and replacement of two existing gateway signs for the California Avenue business district. Initial public outreach was completed in winter 2021. The California Avenue District Gateway Signs project is in the next phase of improvements following the California Avenue Streetscape update and near term improvements.
Newell Road
San
Prior Years Actuals
$2,803,014
Total Project Budget
$19,838,852
Implementing Department Project Phase Project Completion Public Works Design Spring 2026
Francisquito
Creek Bridge
Replacement
(PE‐12011)
Project Status: This project removes and replaces the Newell Road bridge over San Francisquito Creek with a clear span to allow the channel to convey up to the natural capacity of the San Francisquito Creek, approximately 7,500 cubic feet per second, and to improve safety for vehicular, bicycle, and pedestrian traffic. The project is being closely coordinated with the City of East Palo Alto, Valley Water, and San Francisquito Creek Joint Powers Authority (SFCJPA).
The 100% design set was completed in February 2023. Specifications and construction cost estimate were submitted to the City in March 2023. With the revised cost estimate on hand, staff submitted a request to Caltrans for additional construction funding. The request also includes additional funding for right‐of‐way support and engineering design.
The right‐of‐way appraisal and acquisition work started in January 2023. Staff and consultants are working with the individual property owners to secure permanent and temporary easements by February 2024. Staff is working with SFCJPA staff and their consultant on securing regulatory permits for the project by spring 2024. Right‐of‐way acquisition and permitting is anticipated to be completed by winter 2024, with bidding of the project in spring 2024 and construction to start in summer 2024.
Street Lights
Condition
Prior Years Actuals
$8,799
Total Project Budget
$276,384
Implementing Department Project Phase Project Completion Public Works Design Fall 2025
Assessment
(PE‐13014)
Project Status: This project will assess the condition of the City’s streetlight system. The assessment will include an inventory of the entire lighting system, including age and condition of conduit, wiring, street light poles, foundations, Streets and Sidewalks Projects – Page 1 of 4
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Streets and Sidewalks Projects Status as of December 2023 luminaires, and lighting coverage. The project will also determine the inspection, maintenance, repair, and rehabilitation necessary to prolong the life of the City’s streetlight system. This project has been moved to FY 2025 due to staffing constraints.
Recurring Projects
City Bridge
Improvements
(PE‐20001)
Prior Year Actuals Current Year Budget
$210 $786,919
Implementing Department Project Phase Project Completion Public Works N/A Recurring
Project Status: This project includes bridge inspections, maintenance, repair, and an improvement program over the next five years. This program will include on‐going inspections to report physical changes to the structures, recommendations for work to be done, and additional information to meet functional and structural standards in accordance with industry standards. Staff hired an on‐call structural engineering firm to assist with the bridge inspection and repair program. Staff completed design and bidding for repairs of six bridges identified for repairs in winter 2023. Due to the lack of competitive bids, staff plans to rebid the project in December 2023 to begin the repair work in spring 2024.
Curb and Gutter
Repairs
Prior Year Actuals Current Year Budget
$123,607 $241,020
Implementing Department
Public Works
Project Phase Project Completion
N/A Recurring
(PO‐12001) Project Status: This project repairs curbs and gutters uplifted by tree roots. Funding for FY 2023 has been carried over into FY 2024 for a larger curb and gutter repairs project. The project will focus on Downtown North and University South neighborhoods (Palo Alto Avenue to Embarcadero Road and Alma Street to Middlefield Road) in addition to addressing hot spot locations from 311 requests. Project bidding is anticipated early 2024 with construction to start summer 2024.
Prior Year Actuals Current Year Budget
$96,686 $119,374
Implementing Department
Public Works
Project Phase Project Completion
N/A Recurring
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Streets and Sidewalks Projects Status as of December 2023 San Francisquito
Creek Joint
Powers
Authority
Ongoing Creek
Projects
Project Status: This project provides funding for studies and completion of the design for the San Francisquito Creek Joint Powers Authority (JPA) upstream project including channel widening and Continuing Authority Program Section 205 (CAP 205) study. The project design is temporarily on hold due to the recent significant storm events and flooding that occurred on December 31, 2022. The JPA and Valley Water are re‐evaluating the creek capacity and hydraulic limitations of the channel to determine how to proceed with the design. (PE‐22000)
Sidewalk Repairs Prior Year Actuals Current Year Budget Implementing Department Public Works
Project Phase Project Completion
N/A Recurring(PO‐89003) $1,100,469 $2,515,608
Project Status: This project repairs and replaces broken and uplifted sidewalks. The program completed all twenty‐ three sidewalk districts in 2017, a 30‐year (1986–2017) sidewalk repair district cycle. Council approved a sidewalk assessment contract in November 2017 to evaluate the sidewalk program and assess potential improvements to the current district‐based program. Funding for FY 2023 has been carried over into FY 2024 for a larger sidewalk project.
The Project will focus on Downtown North and University South neighborhoods (Palo Alto Avenue to Embarcadero Road and Alma Street to Middlefield Road). Project bidding is anticipated early 2024 with construction to start summer 2024.
Sign Reflectivity
Upgrade
Prior Year Actuals Current Year Budget
$1,963 $81,330
Implementing Department
Public Works
Project Phase Project Completion
N/A Recurring
(PO‐11000) Project Status: This project includes the annual inventorying, upgrading and maintaining of all traffic signs. A list of signs not meeting the minimum requirement is derived from MUTCD approved Nighttime Visual Inspection surveys.
Due to staffing constraints, there were no signs identified for reflectivity replacement in the first half of FY 2024.
Street Lights
Improvements
Prior Year Actuals Current Year Budget
$314,447 $512,047
Implementing Department
Public Works
Project Phase Project Completion
N/A Recurring
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Streets and Sidewalks Projects Status as of December 2023 (PO‐05054) Project Status: This project replaces streetlights, including poles, pole foundations, luminaires and wiring as needed to restore or improve street lighting. In the first half of FY 2024, there were 13 knockdown locations with seven completed repairs and four in progress. Additionally, a project located in the Midtown neighborhood completed 16 pole foundation replacements and repainting of 131 streetlight poles was completed in September 2023.
Street
Maintenance
(PE‐86070)
Prior Year Actuals Current Year Budget
$2,789,013 $7,126,112
Implementing Department
Public Works
Project Phase Project Completion
N/A Recurring
Project Status: This project includes the annual resurfacing, micro‐seal, crack seal, and reconstruction of various city streets. This project funds the street maintenance work that supports Council’s adopted goal of achieving a citywide average pavement condition index (PCI) score of 85, representing very good or excellent conditions. The FY 2023 Street Resurfacing Project was completed in summer 2023. The FY 2024 Street Resurfacing Project went out to bid in December 2023. The project will replace 10,149 square feet of sidewalk, 3,371 square feet of driveway, and 2,280 linear feet of curb and gutter, construct thirty‐seven new ADA curb ramps, and place 9,844 tons of AC overlay on the streets of Palo Alto. This will help maintain and improve the City’s Pavement Condition Index (PCI) beyond its average of 84 and will address many streets whose PCI scores fall below the City’s minimum goal of 60. The FY 2024 Streets Preventive Maintenance Project will go out to bid early 2024. The project will include micro‐surfacing of sixteen lane‐ miles of streets.
Thermoplastic
Lane Marking
and Striping
(PO‐11001)
Prior Year Actuals Current Year Budget
$0 $235,939
Project Status: This project maintains the thermoplastic markings on roadways. Thermoplastic lane marking and striping is incorporated into annual Pavement Preventive Maintenance Projects. No new thermoplastic markings and striping were installed during the first half of FY 2024.
Implementing Department
Public Works
Project Phase Project Completion
N/A Recurring
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Traffic and Transportation Projects Status as of December 2023 One‐Time Projects
California Avenue Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion Streetscape
Update
(PL‐23000)
$13,882 $121,584 Office of Transportation Design Fall 2024 Project Status: The project provides funding for interim changes to the street, and for preliminary community engagement to help inform an upcoming Request for Proposals in summer 2023 to procure a consultant for an Alternatives Analysis study of different street configurations and design options. Council approved a consultant contract at the December 18, 2023 meeting and the consultant’s work will begin in January 2024. Staff will also continue implementing improvements and activations on the streets through 2024, including more family games, more public art, new barriers, and continual partnerships for music and mini‐golf.
Charleston Prior Years Actuals
$19,973,800
Total Project Budget Implementing Department Project Phase Project Completion $20,788,951 Public Works Construction Winter 2024Arastradero Corridor Project
(PE‐13011)
Project Status: This project is part of the 2014 Council Infrastructure Plan. It will reconfigure the Charleston Arastradero Corridor to provide new landscaped median islands, bulb outs, enhanced bike lanes, traffic signal improvements, and new street trees to complement the new lane configurations that were approved for permanent retention. Phase 1 (Arastradero Road between Foothill Expressway to Clemo Avenue) and Phase 2 (Charleston Road from Alma Street to Middlefield Road) were completed in 2020. Phase 3 (Arastradero Road from Los Palos Avenue to El Camino Real, Charleston Road from El Camino Real to Alma Street and from Middlefield Road to San Antonio Road) was approved by Council in June 2021. Construction of Phase 3 is currently paused in coordination with Utilities’ Sanitary Sewer Replacement 31 Project and Caltrans’ traffic control requirements.
Remaining construction activities include paving operations at the El Camino Real intersection and signal switchover at the Wilkie Way and West Charleston Road intersection. Construction is anticipated to be completed by early 2024.
Prior Years Actuals
$387,453
Total Project Budget Implementing Department Project Phase Project Completion $3,789,671 Office of Transportation Design Winter 2025
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Traffic and Transportation Projects Status as of December 2023 Churchill Avenue Project Status: This project includes planning, design and construction of a shared‐use path along the north side of Enhanced
Bikeway
(PL‐14000)
Churchill Avenue between the existing shared‐use path at Castilleja Avenue and the Stanford Perimeter Trail. It also includes intersection improvements at Churchill Avenue and El Camino Real, which will include a new dedicated westbound right‐turn lane. PAUSD approved the easements required for the project in August 2023. Staff is working to resolve additional comments received from Caltrain for re‐issuance of the encroachment permit. The project is anticipated to bid in early 2024 and the construction is anticipated to be completed by winter 2025.
Churchill Avenue Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion $196,086,259 Office of Transportation Design Spring 2029Rail Grade Separation and
Safety
$0
Project Status: This project provides for the planning, design, and construction of the grade separation at the existing at‐grade crossing on Churchill Avenue in the Caltrain Rail Corridor. The project will provide improvements to accommodate bicycles, pedestrians, and vehicular movement at the crossing. In 2021, the City Council selected partial underpass as the preferred alternative, with closure as a backup alternative. Following feedback from key stakeholders, staff refined the partial underpass alternative and conducted a preliminary geotechnical study to assess subsurface conditions, as directed by the Council. These updated and additional studies were concluded in October 2023. Additionally, the Rail Committee directed staff to conduct further evaluation to align with the Council's recently adopted Alternative Evaluation Criteria. Staff is collaborating with the project consultant to carry out additional studies for this update. The City is also in discussions with Caltrain to address comments received on the conceptual alternatives. Furthermore, the City was granted two awards; $6.0 million from Federal Railroad Administration for conducting Preliminary Engineering and Environmental Studies at the three crossings of Churchill Avenue, Meadow Drive, and Charleston Road, and $23.79 million from California State Transportation Agency for final design at this location. Staff is actively working with granting agencies to execute the necessary agreements and seeking additional funding from other grant programs.
Improvements
Main
(PL‐24001)
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Traffic and Transportation Projects Status as of December 2023 Churchill Avenue Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion Alma Street
Railroad Crossing
Safety
Improvements
(PL‐20000)
$339,907 $9,690,252 Office of Transportation Construction Spring 2024 Project Status: This project is a railroad crossing improvement project to enhance safety at the intersection of Churchill Avenue and Alma Street. Design includes traffic signal modifications, street lighting improvements, roadway resurfacing, sidewalk realignment and/or widening, drainage improvements, utility relocations, signage, and striping. Staff is coordinating with Caltrain, Caltrans, and California Public Utilities Commission (CPUC). CPUC approved General Order 88‐B for the project in November 2022 and authorized the City to move forward with construction. Council approved the construction contract in June 2023. Construction started in July 2023 and will be completed in spring 2024.
Downtown
Automated
Parking
Prior Years Actuals
$437,918
Total Project Budget Implementing Department Project Phase Project Completion $5,197,828 Office of Transportation Design Fall 2024
Project Status: This project includes design and installation of new downtown parking guidance systems, access controls, and revenue collection equipment that will be coordinated with both the Downtown Parking Wayfinding, PL‐15004 project and the 2016 Downtown Parking Management. Staff contracted with Dixon Resources for additional management support in design and procurement for the system installation in the Downtown garages on University Avenue. The Downtown Automated Parking Guidance Systems design‐build construction contract was approved by Council in May 2023. Design is in progress and construction is expected to be completed in fall 2024.
Guidance
Systems, Access
Controls &
Revenue
Collection
Equipment
(PL‐15002)
Emergency
Vehicle Traffic
Signal
Prior Years Actuals
$486,422
Total Project Budget Implementing Department Project Phase Project Completion $683,522 Fire Department Procurement Winter 2024
Project Status: This project will purchase and implement an emergency vehicle preemption system pilot project.
The system will integrate with the City’s current traffic signal management system and with the City’s computer‐ aided emergency response dispatch system to provide safer and quicker response times for emergency vehicles.
Preemption
System Pilot
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Traffic and Transportation Projects Status as of December 2023 (PL‐19000) This project is a pilot on 25 intersections. The traffic signal controls software was updated in spring 2020. An RFP process for a new CAD system will be conducted in FY 2024. The RFP requirements will include the ability to connect to the Trafficware Signal controls. This project is being sunsetted.
Meadow
Drive/Charleston $0
Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion $396,395,198 Office of Transportation Design Spring 2028 Road Rail Grade
Separation and
Safety
Improvements
(PL‐24000)
Project Status: This project provides for the planning, design, and construction of the grade separations at the existing at grade crossings on Meadow Drive and Charleston Road in the Caltrain Rail Corridor. The project will provide improvements to accommodate bicycles, pedestrians, and vehicular movement at the crossings. In 2021, the City Council narrowed the alternatives under consideration at these locations to trench, hybrid, and underpass.
Currently, the Rail Committee is reviewing these alternatives to further narrow and select the preferred alternative (s) for recommendation to the City Council. Following feedback from key stakeholders, City staff refined the underpass alternatives and conducted a preliminary geotechnical study to assess subsurface conditions, as directed by the Council. These updated and additional studies were concluded in October 2023. Additionally, the Rail Committee directed staff to conduct further evaluation to align with the Council's recently adopted Alternative Evaluation Criteria. Staff is collaborating with the project consultant to carry out additional studies for this update.
The City is also in discussions with Caltrain to address comments received on the conceptual alternatives.
Furthermore, the City was granted $6.0 million from Federal Railroad Administration for conducting Preliminary Engineering and Environmental Studies at three crossings of Churchill Avenue, Meadow Drive, and Charleston Road.
Staff is actively working with granting agencies to execute the necessary agreements and seeking additional funding from other grant programs.
Parking
Management and $151,580
Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion $627,247 Office of Transportation Procurement Spring 2024 System
Implementation
Project Status: This project provides funding for the design and installation of the Comprehensive Parking Permit and Citation Management System. The all‐inclusive system is a tool staff will utilize in the management of parking Traffic and Transportation Projects – Page 4 of 8
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Traffic and Transportation Projects Status as of December 2023 (PL‐16002) permits for eight parking permit programs and associated on and off‐street parking citations. Staff is preparing an RFP to solicit another vendor.
Railroad Grade
Separation and
Safety
Improvements
(PL‐17001)
Prior Years Actuals
$3,860,627
Total Project Budget Implementing Department Project Phase Project Completion $12,238,838 Office of Transportation Pre‐Design Fall 2025 Project Status: This project is a community‐based process to advance the railroad grade crossing circulation study and context sensitive solutions study envisioned by the City Council for the Palo Alto Avenue crossing. It will also fund the preparation of a Project Study Report and environmental analysis that will be required for the City to realize its goals of advancing grade separations. The project will perform preliminary engineering design, conduct project related studies, and prepare environmental documents for the improvements. This project is currently on hold. City is considering quiet zone implementation for interim conditions and staff will initiate the conceptual plan development for grade separation at this crossing in late 2024.
University Ave
Streetscape
Update
Prior Years Actuals
$164,146
Total Project Budget Implementing Department Project Phase Project Completion $175,000 Public Works Design Winter 2024
Project Status: This project includes a study to reconfigure University Avenue between Alma Street and Middlefield Road to adapt the public realm to maximize pedestrian and bicycle use, reduce congestion, and enhance the retail environment/economic activity, while maintaining two‐way vehicular access, parking opportunities, delivery and loading zones, ride share spaces, and other amenities including performance space. Council awarded a professional services contract for CSW/Stuber‐Stroeh Engineering in February 2022. The project uses a phased approach with Phase 1 consisting of public outreach, conceptual design, preliminary environmental studies, and financial assessment. A preferred plan will be developed in Phase 1 based on community and stakeholders’ input. Upon completion of Phase 1 assessment and Council’s review of the community preferred plan, future phases including design, environmental assessment, bidding, and construction will be developed. Staff concluded the Phase 1 outreach process and concept plans alternatives analysis in fall 2023. Staff presented the preferred streetscape concept plan to Council on December 18, 2023 Per Council direction in December 2023, staff is identifying additional (PE‐21004)
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Traffic and Transportation Projects Status as of December 2023 concept alternatives for Council discussion. Staff will proceed with Phase 2 of the project consisting of preliminary design and environmental assessment upon Council approval of the preferred concept alternative.
Recurring Projects
Bicycle and Prior Year Actuals Current Year Budget Implementing Department Project Phase Project Completion Pedestrian $52,695 $2,400,000 Office of Transportation N/A Recurring Transportation Plan
Implementation
(PL‐04010)
Project Status: This project funds the Bicycle and Pedestrian Transportation Plan Update, which has kicked off recently and is slated to take approximately 18 months to complete (Summer 2025). This project also funds the implementation of various individual bicycle and pedestrian projects. Currently, one of the projects is the Embarcadero Road Improvements Project (from Emerson to High Street), which provides improvements on both the north and south sides of Embarcadero Road, from Emerson to High Street. Improvements include intersection improvements at Emerson and Kingsley, landscaping, new pedestrian level lighting, and bicycle and pedestrian enhancements. Final Design is currently being completed, and the project will be ready to bid for construction in 2024.
Parking District
Implementation
(PL‐15003)
Prior Year Actuals Current Year Budget Implementing Department Project Phase Project Completion $0 $1863,900 Office of Transportation N/A Recurring
Project Status: This project introduces additional parking permit programs throughout the city. One aspect of this project is to update City Council‐approved Residential Preferential Parking (RPP) ordinance language to establish uniform and streamlined procedures and processes to implement RPP districts through the process outlined in Municipal Code 10.50.
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Traffic and Transportation Projects Status as of December 2023 Safe Routes to
School
Prior Year Actuals Current Year Budget Implementing Department Project Phase Project Completion $53,956 $969,106 Office of Transportation N/A Recurring (PL‐00026) Project Status: This project enables the City’s Safe Routes to School program, including school commute planning, encouragement activities, and capital improvements along local and collector streets that may be impacted by school commute activities. The capital improvements include traffic calming devices, enhanced crosswalks, and improved signage along suggested safe routes to school. The community engagement and planning process for the construction of the South Palo Alto Bikeways project began in FY 2021. The project will implement buffered or protected bike lanes on East Meadow Drive from Alma Way to Fabian Way, Fabian Way from East Meadow Drive to East Charleston Road, and widen and repave the Waverley Avenue Bike Path between East Meadow Drive and Charleston Road. Due to lack of staff resources, the project schedule was delayed, and the City relinquished construction grant funds prior to expiration of funding. Staff will continue to apply for grant funds to aid in construction costs. In FY 2024, this project funded education to improve school access and safety. In addition, this project supported a secondary school needs assessment to identify middle and high school education and encouragement programs and to query the Safe Routes Partnership for the resources to support these programs.
Traffic Signal and
Intelligent
Prior Year Actuals Current Year Budget Implementing Department Project Phase Project Completion $232,807 $1,451,217 Office of Transportation N/A Recurring Transportation
Systems
(PL‐05030)
Project Status: This project includes design and construction of traffic signals, traffic signal communications networks, detection, and data projects for transportation use, and maintenance of the City’s traffic signal central management system. The project includes the replacement of traffic signal controllers/cabinets, video detection systems, accessible pedestrian buttons, and related field equipment. Design for traffic signal safety and operational improvements at the intersection of San Antonio Road and Charleston Road is nearing 100% completion. Staff is finalizing the plans and will be preparing bid documents for construction to be released in spring 2024, with construction anticipated to begin in summer 2024. Staff is in the procurement process to update the Centralized Traffic Management system servers to improve operational functions and system security.
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Traffic and Transportation Projects Status as of December 2023 Transportation and Prior Year Actuals Current Year Budget Implementing Department Project Phase Project Completion Parking $56,374 $914,692 Office of Transportation N/A Recurring Improvements
(PL‐12000)
Project Status: This project implements miscellaneous neighborhood traffic calming improvements including neighborhood traffic studies and parking improvements. This project also funds the development of grant proposals used to procure funding for future projects. For the traffic calming project in the Crescent Park neighborhood, City Council approved proceeding with the design of permanent improvements in November 2023.
Staff will work with the on‐call consultant for the design of requirement improvements. In addition to traffic calming, staff will also begin conducting an Engineering and Traffic Survey for select roadway segments to study prevailing speeds and review traffic conditions in order to establish and/or certify posted speed limits.
Furthermore, staff is also working on the quiet zone project for all railroad crossings along the Caltrain corridor.
A quiet zone study was performed for the Palo Alto Avenue and Alma Street crossing in collaboration with City of Menlo Park in 2022. Staff has retained the services of the consultant to design final improvements at this crossing.
In addition, staff is working through procurement process to conduct a study for evaluation of quiet zones at the other three crossings of Churchill Avenue, Meadow Drive, and Charleston Road. The $200K Safe Streets for All (SS4A) Safety Action Plan is funded via this project but will be reimbursed up to $160K by a federal grant. The plan will target eliminating traffic deaths and life‐changing injuries on local streets.
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Airport Projects Status as of December 2023
One‐Time Projects
Airport Access Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion Road $0 $3,754,870 Public Works Design Summer 2027
Reconstruction
(AP‐24000)
Project Status: This project is for the design and reconstruction of the pavement on Embarcadero Way, which is the main access road for airport businesses and the Air Traffic Control Tower at the Airport. The Airport did not receive FAA funding for this project and the project is currently on hold.
Airport Layout Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion Plan $426,977 $967,100 Public Works Construction Summer 2024 (AP‐21000) Project Status: This project provides updates to the Airport Layout Plan, also known as the Long Range Facilities and Sustainability Plan, including a narrative report and environmental study. The Airport received funding for a Phase I portion of this project in fall 2020. Phase I is approximately 75% complete, and funding for Phase II was received in fall. The Airport conducted the initial public and Project Advisory Committee meetings in April 2023.
The project is expected to be completed by summer 2024. There have been 3 public meetings held for this project, and the Phase II project is approximately 50% complete, while the Phase I project is 85% complete.
Airport Parking Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion Lot Electric
Vehicle
Charger
Installation
(AP‐24001)
$0 $28,994 Public Works Design Summer 2026
Project Status: This project will install electric vehicle charging stations in the Airport customer parking lot. The Airport is currently unable to offer electric vehicle charging to its customers, but there is increasing demand for vehicle charging capability from Airport tenants. This project has been delayed as the Airport explores further funding options.
Airport Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion Temporary $947 $411,105 Public Works Procurement Winter 2024 Airport Projects – Page 1 of 2
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Airport Projects Status as of December 2023
Office
Buildings
(AP‐22001)
Project Status: This project provides funding for the installation and Furniture, Fixtures, & Equipment (FF&E) of existing temporary modular buildings at the airport to provide adequate office space for airport staff as well as terminal space for the public. This project has been delayed to as the Airport explores further funding options.
Airport Zero
Emission
Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion $25,957 $369,008 Public Works Procurement Summer 2024
Vehicle Fleet
Replacement
Program
Project Status: The Airport vehicle fleet will be replaced by three zero emissions vehicles (ZEV), to be supported by three electric charging stations. The van is used for the transportation of airport guests and passengers and improves safety by minimizing foot traffic on the airport apron. The truck is used as a maintenance, first response, and operations vehicle. The ZEV fleet will include one passenger vehicle and two trucks. Procurements for truck replacements went out in May 2023 and only one bid was received. FAA funding is expected in the fall 2023, to complete the fleet replacement. The Airport purchased the passenger van in Oct 2023, but the truck did not meet the Federal Buy America requirements. The Airport will be issuing a new RFP in spring 2024 for a truck. (AP‐23000)
Automated
Weather
Observation
System
(AWOS)
AP‐19000
Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion $0 $514,109 Public Works Design Summer 2024
Project Status: This project provides a new weather information system to be installed at the Palo Alto Airport.
The Airport has applied for FAA funding, and is waiting for the grant agreement to start design. The Airport will go out to bid for a contractor in February 2024. It is anticipated that funding for the project will be received in summer 2024.
Recurring Projects
2024‐2028 – Airport Capital Improvements Program Projects: There are no recurring projects scheduled at this time.
Airport Projects – Page 2 of 2
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One‐Time Projects
115 kV Electric
Intertie
Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion $705,491 $1,801,190 Utilities Pre‐Design Summer 2027
(EL‐06001) Project Status: This project will perform a technical feasibility study to determine the general project requirements to establish a 115 kV electric intertie line and construct a 115/60 kV substation to connect the City's electric system directly to the 115 kV transmission line at an additional location. Staff did not receive California Independent System Operator’s commitment to support this interconnection. Staff has retained the services of a consultant to evaluate the options available to the City. Staff anticipates having an initial draft report for review by June 30, 2024.
Coleridge
Cowper
Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion $180,813 $2,680,811 Utilities Design Summer 2025
Tennyson
4/12kV
Conversion
(EL‐14000)
Colorado
Project Status: This project converts the primary electric distribution system in the Coleridge Avenue, Cowper Street, Tennyson Avenue area from 4 kV to 12 kV. This individual project will be closed but the scope of work will be covered under the EL‐24000 Grid Modification project.
Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion Distribution
Feeder Outlet
Replacement
(EL‐22002)
$10,576 $400,000 Utilities Design TBD
Project Status: This project is for the installation of a new underground duct bank and cable at Colorado Substation.
The installation will improve reliability for all Colorado circuits. The design is complete and construction will begin by winter 2024. Staff is waiting on 12Kv pad‐mount switches with a 48‐month backlog.
Colorado Power
Station
Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion $4,343,887 $11,536,114 Utilities Pre‐Design Fall 2027
Equipment
Upgrades
Project Status: This project is for the upgrades to equipment at the Colorado Power substation. In FY 2022 staff completed the evaluation of existing equipment and will proceed with replacing the COP‐3 115 kV/60 kV Electric Fund Projects – Page 1 of 9
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(EL‐19001) transformer bank and the 115 kV breaker. Engineering is working on design RFPs and construction IFBs for contract services to complete substation projects.
Colorado Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion Substation Site
Improvements
(EL‐19002)
$251,919 $1,425,693 Utilities Design Fall 2025
Project Status: This project will make modifications to the substation driveways and fence to provide adequate ingress and egress for utility vehicles used for maintenance and repair. Staff has prepared an overall master plan for Colorado Substation to include all proposed improvements. Detailed designs for lighting, driveway, fences, walls, and an oil containment improvement have been prepared. The design is complete and staff is presenting the design to Planning to secure a planning permit by the end of February 2024.
East Meadow
Circles 4/12kV
Conversion
Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion $268,097 $1,742,527 Utilities Design Spring 2025
Project Status: This project converts the primary electric distribution system in the East Charleston Road, Alma Street, East Meadow Drive, Middlefield Road areas from 4 kV to 12 kV and is challenging because of the configuration of the streets and rear easement facilities. This project has been split into six design and construction phases. Engineering has completed the design and construction for Phase 1. The City’s electrification goals have changed the priority, schedule, and the allocation of staff resources for this CIP project. (EL‐17001)
Foothills Rebuild Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion (Fire Mitigation) $4,494,104 $14,999,589 Utilities Construction Fall 2025 Electric Fund Projects – Page 2 of 9
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(EL‐21001) Project Status: This project will rebuild the approximately 11 miles of overhead line in Foothills Park, as necessary to mitigate the possibility of wildfire due to overhead electric lines. This could include the utilization of more robust equipment or construction practices, rerouting to avoid vegetation and improve access for inspection and maintenance, or converting the overhead lines to underground where feasible. Two proposals were received for this project and both proposals were rejected because they did not provide an option to underground existing overhead electric lines. Substructure for Phases 1 and 2 are completed. Phase 3 substructure is currently in construction and Phase 4 is currently in design.
Grid Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion Modernization $0 $300,000,000 Utilities Design Winter 2030 for Electrification Project Status: This project will provide the City with an electric infrastructure adequate to support the City’s goal (EL‐24000) of 100% electrification and 80% carbon emissions reduction by the year 2030. To attain the 100% electrification scenario, the City must maximize use of electric energy and phase out carbon‐based end uses such as natural gas appliances and internal combustion vehicles. The electric system must be updated to meet the needs of electrification, and older components in the distribution infrastructure must be replaced to mitigate chances of overloading the system. Examples of assets to be replaced are distribution and substation transformers, primary/secondary distribution circuits. A Pilot area was designated and engineering staff in conjunction with a consultant have completed the distribution system design for the Pilot area, with a handful of power poles replaced and installed as initial construction efforts start to take shape. The estimated completion date for the Pilot is December 2024.
Hopkins Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion Substation 4/12
kV Conversion
(EL‐20000)
$0 $2,010,000 Utilities Design Fall 2025
Project Status: This project will convert the distribution system connected to the Hopkins Substation from 4 kV to 12 kV. The future conversion of the Hopkins Substation from 4 kV to 12 kV requires that all the areas currently served at 4 kV from the Hopkins Substation be converted to 12 kV. This project will improve operating flexibility of Electric Fund Projects – Page 3 of 9
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the system, service reliability, and back‐up to customers in downtown and other adjacent areas. The City’s electrification goals have changed the priority, schedule, and the allocation of staff resources for this CIP project.
Staff is working on an RFP for the engineering design for electrification of all overhead circuits. This individual project will be closed but the scope of work will be covered under the EL‐24000 Grid Modification project.
Inter‐Substation
Line Protection
Relay
Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion $370,372 $1,601,626 Utilities Construction Summer 2027
Project Status: This project replaces the existing HCB pilot wire relays with a new microprocessor line differential protective relay to protect the city’s 60 kV sub‐transmission line sections and equipment from damage due to faults (i.e. short circuits) on the 60 kV line sections. This project is being done in phases, with design and construction happening concurrently on the different phases. Construction of these improvements relies on work completed by other projects to install fiber optic connections. Engineering design for segments Colorado substation to Adobe Creek substation, Park Boulevard substation to Quarry substation, and Maybell substation to Park Boulevard substation is in progress. A test plan is being written to prove the equipment will work as designed.
Quarry to Park substation segment is expected to be completed by April 2024. Park Boulevard substation to Maybell substation segment to be completed by June 2024. (EL‐17005)
Rebuild Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion Underground
District 15
(EL‐11003)
$43,348 $1,293,337 Utilities Design Fall 2027
Project Status: This project rebuilds and replaces the underground electric system in Underground District 15, the area bounded by Los Palos Avenue, Glenbrook Drive, Pomona Avenue, and Arastradero Road. This project is in the preliminary stages of engineering design and work will be coordinated with EL‐16000 which is currently rebuilding the electric system along Arastradero Road. Work on this project was delayed due to public input regarding the design of the project. Changes to the Rules and Regulations will require property owners to pay for the differential cost should they want submersible equipment instead of pad mount. This project will fall under the underground Electric Fund Projects – Page 4 of 9
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scope of work for electrification. Funds will be returned to reserves. Please see EL‐24000 Grid Modernization for Electrification for future updates.
Rebuild Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion Underground
District 16
(EL‐13003)
$28,742 $728,735 Utilities Design Spring 2027
Project Status: This project rebuilds and replaces the underground electric system in Underground District 16, the area along Louis Road between Greer Street and Loma Verde Avenue. The engineering design work is complete.
The City’s electrification goals have changed the priority, schedule, and the allocation of staff resources for this CIP project. This project will fall under the underground scope of work for electrification. Funds will be returned to reserves. Please see EL‐24000 Grid Modernization for Electrification for future updates.
Rebuild Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion Underground
District 24
(EL‐10006)
$1,949,767 $2,522,451 Utilities Design Fall 2024
Project Status: This project rebuilds and replaces the underground electric system in Underground District 24, the area bounded by Lytton Avenue; Bryant Street; Forest Avenue; and Alma Street. The engineering design is in progress and will be completed in winter 2024. Construction will follow in December 2024.
Rebuild Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion Underground
District 26
(EL‐16000)
$36,817 $1,359,808 Utilities Design Spring 2025
Project Status: This project rebuilds and replaces the underground electric system in Underground District 26, the area along Arastradero Road between El Camino Real and Hillview Avenue. This is a four‐phase project. The first phase design is complete. The engineering design is in progress and will be completed by December 2024.
Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion $5,653,491 $17,690,021 Utilities Construction Fall 2024 Electric Fund Projects – Page 5 of 9
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Smart Grid
Technology
Installation
(EL‐11014)
Project Status: Council approved the Advanced Metering Infrastructure (AMI) with Sensus on October 18, 2021.
The project includes replacement of 30,000 electric meters and retrofit of 20,800 water and 24,200 gas meters with radio endpoints to transmit meter data to the AMI network. The proof of concept phase including AMI network installation, meter testing, and system integration will occur between January 2022 and August 2023. Full deployment is anticipated to run from September 2023 through April 2025 Substation
Breaker
Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion $1,490,136 $7,368,743 Utilities Pre‐Design Summer 2028
Replacement
(EL‐17002)
Project Status: This project replaces high voltage circuit breakers that interconnect the nine electric substations and two power switching stations that are reaching the end of their useful life and are now underrated for their use. This project is being done in phases, with design and construction happening concurrently on the different phases. Staff completed the construction on the first phase and is working to procure a multi‐year contract with a contractor to complete the design and replacement of the remaining breakers. Staff is working on the design RFP and the construction IFB for contract services to complete substation projects. Lead times for circuit breakers are currently at around 18 months.
Substation Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion Physical Security $2,078,888
(EL‐16003)
$6,895,187 Utilities Construction Winter 2025
Project Status: This project installs facilities providing physical protection of electric substations from vandalism and intrusion. A professional services contract was awarded to Burns and McDonnell and the study was completed. Staff continues to implement recommendations from the study each fiscal year. Substructure construction is in progress, and with the exception of Colorado Substation, substructure installations have been completed at all of the remaining substations.
Electric Fund Projects – Page 6 of 9
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Recurring Projects
Communications Prior Year Actuals Current Year Budget Implementing Department Project Phase Project Completion System $4,587 $100,000 Utilities N/A Recurring
Improvements
(EL‐89031)
Project Status: This project installs high frequency coaxial cable, fiber optic cable, and related equipment to provide communications services for traffic signal coordination, telephone links, computer data transmission, and the Electric Supervisory Control and Data Acquisition (SCADA) system. This project is funding a portion of the design phase of an expanded Utilities fiber optic network. The contract for design of this network was approved by Council in June 2020. Staff is in the planning stages for design implementation.
Electric Customer Prior Year Actuals Current Year Budget Implementing Department Project Phase Project Completion Utilities N/A RecurringConnections $1,172,465 $2,700,000 (EL‐89028) Project Status: This project installs services, transformers, and meters for new customers; upgrading of existing services; temporary service connections; and overhead and underground extensions for new or existing customers. Projects are in many stages of design and construction to provide temporary and permanent power to residential and commercial customers in Palo Alto.
Electric System
Improvements
(EL‐98003)
Prior Year Actuals Current Year Budget
$1,308,637 $2,500,000
Project Status: This project consists of various projects that replace deteriorated facilities or install protective devices that improve the Electric Distribution System. Projects are in many stages of development to replace transformers, replace poles, replace overhead wires, and install protective devices to improve service reliability.
Implementing Department Project Phase Project Completion Utilities N/A Recurring
Electric Utility
Geographic
Prior Year Actuals Current Year Budget
$221,620 $250,000
Implementing Department Project Phase Project Completion Utilities N/A Recurring
Electric Fund Projects – Page 7 of 9
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Information
System
(EL‐02011)
Project Status: This project enhances the citywide Geographical Information System (GIS). The primary emphasis will be to provide a compatible user interface and estimating software, to edit and update data which will reside in the citywide GIS. This funding is also being used to pay for Utilities Electric Division’s share of cost for the implementation of new city‐wide GIS system (ESRI) led by IT. Utilities and Information Technology staff are also working to assess GIS needs and the transition of the mapping information to ESRI. The migration for Electric is 100% complete.
SCADA System
Upgrades
Prior Year Actuals Current Year Budget
$70,488 $220,000
Implementing Department Project Phase Project Completion Utilities N/A Recurring
(EL‐02010) Project Status: This project upgrades the Supervisory Control and Data Acquisition (SCADA) system hardware.
Staff completed upgrade of the servers used for monitoring the utility substations and equipment in 2014. The next hardware and software upgrade is currently in progress at the factory and work will occur in winter 2024 Substation
Facility
Prior Year Actuals Current Year Budget
$173,711 $1,200,000
Implementing Department Project Phase Project Completion Utilities N/A Recurring
Improvements
(EL‐89044)
Project Status: This project makes improvements to facilities at the electric substations in Palo Alto. Staff is working on the replacement of Remote Terminal Units (RTU) at various substations, upgrading gravel and grounding, 60 kV air switches, and reconfiguring steel trusses and associated devices. Engineering is working on design and construction for contract services to complete substation projects. Staff has completed the install for Nexus meters at Hansen Way (22/23) and Colorado (20/21). Design for Hansen Way (20/21) is in progress.
Substation
Protection
Prior Year Actuals Current Year Budget
$47,052 $3000,000
Implementing Department Project Phase Project Completion Utilities N/A Recurring
Improvements
(EL‐89038)
Project Status: This project makes improvements to equipment used at electric substations to protect the substation equipment and circuits emanating from the substation from damage due to faults (i.e. short circuits) Electric Fund Projects – Page 8 of 9
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on the electric system. Staff issued a task order with Soudi Consultants to review and revise protection settings and training on the commissioning of Park Boulevard relays. .
Underground
System Rebuild
(EL‐16001)
Prior Year Actuals Current Year Budget
$0 $350,000
Implementing Department Project Phase Project Completion Utilities N/A Recurring
Project Status: This project replaces underground electric equipment in areas that were originally installed underground, that are not part of an Underground District. Staff is working to identify areas where the age of the existing cables are a high priority for cable replacement. To date, this includes areas in the Stanford Research Park, Arastradero Road, and along East Bayshore Road. New areas have been identified and progress has been made on development of the project. Construction of this project was deferred to maintain zero rate increases to ease economic recovery because of COVID‐19.
Wood Pole
Replacement
(EL‐19004)
Prior Year Actuals Current Year Budget
$603,564 $1,500,000
Project Status: This project will fund the annual replacement of deteriorated wood power poles. Staff has Implementing Department Project Phase Project Completion Utilities N/A Recurring
completed the replacement of 15 poles in the first half of FY 2024.
Electric Fund Projects – Page 9 of 9
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Fiber Optics Fund Projects Status as of December 2023
One‐Time Projects
Fiber Optic
Network
System
Rebuild
(FO‐16000)
Prior Years Actuals Total Project Budget
$2,000,100 $32,103,876
Implementing Department Project Phase Project Completion Utilities Design Fall 2025
Project Status: This project is for the System Capacity Improvement that rebuilds portions of the "dark" fiber optic network around Palo Alto. In September 2022, Council approved the City’s fiber expansion plan including construction of a new fiber backbone and a phased buildout of a fiber‐to‐the‐premises network. The Fiber Optic Network System Rebuild CIP will be replaced with new Fiber Backbone and Fiber‐to‐the‐Premises (FTTP) CIP’s in FY 2024. Staff has hired a consultant to complete the Fiber Backbone and FTTP conceptual design. The conceptual design has been completed the contract has been amended to complete the design and all provide documentation necessary for procurement of a construction contract. Staff is updating fiber databases and reviewing the current inventory of fiber strands in order to determine what sections of the Fiber Backbone should be upgraded first. Staff anticipates this initial review phase to be completed by June 2024, to be followed by the design stage for the Fiber Backbone Upgrade, with an anticipated date to complete the Fiber Backbone upgrade of December 2025.
Fiber to the Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion Utilities Design Winter 2030Premises
(FTTP)
$0 $ 20,000,000
Project Status: This project will build Fiber‐to‐the‐Premises (FTTP) to deliver broadband (high‐speed internet) for homes and businesses in the City of Palo Alto. As the City builds the FO‐16000 ‐ Fiber Optics Network ‐ System Rebuild Staff has divided up the City into smaller sections for a phased approach of the Fiber‐to‐the‐Premises project.
Furthermore, Staff has proceeded to combine the Phase 1 Fiber‐to‐the‐Premise design with a Grid Modernization Project covering the same area. Staff is capitalizing on inherent synergies between the two projects, as well as taking advantage of economies of scale deployment that can be realized as a result of combining the two projects. Staff has contracted with an Engineering firm to produce design drawings and specifications. Preliminary design drawings are anticipated by the end of January 2024. Additionally, Staff is preparing RFPs to acquire the necessary cables and materials, including the FTTP operations Hut to be placed at Colorado Substation. The FTTP Phase 1 pilot is targeted for completion by December 2024.
(FO‐24000)
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Recurring Projects
Fiber Optics
Customer
Prior Year Actuals
$28,594
Current Year Budget Implementing Department Project Phase Project Completion $251,600 Utilities N/A Recurring
Connections
(FO‐10000)
Project Status: This project enables the installation of fiber optic infrastructure for new service connections.
Projects are developed as needed to meet customer requests for leasing of fibers on the Dark Fiber system. There have been no new customer connections in the first half of FY 2024.
Fiber Optics
Network
System
Prior Year Actuals
$51,967
Current Year Budget Implementing Department Project Phase Project Completion $561,000 Utilities N/A Recurring
Project Status: This project improves the reliability within the fiber optic network system. As part of the City’s Improvements wildfire mitigation plan, this project will add new fiber conduit and substructure in the foothills to support city (FO‐10001) infrastructure and improve telecommunication and connectivity in the open space. In the first half of FY24, 6 dark fiber projects were completed and 13,000 Feet of 432 strand fiber optic cable were installed, and there were 2.38 miles of fiber conduit installed in the Foothills. The next phase of conduit installation is currently in construction.
Fiber Optics Fund Projects – Page 2 of 2
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Gas Fund Projects Status as of December 2023
One‐Time Projects
Gas Main
Replacement $1,568,607
Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion Spring 2025$10,063,205 Utilities Construction
Project 24
(GS‐14003)
Project Status: This project enables the design and construction to replace approximately 20,100 linear feet (which represents 1.9% of the City's Gas distribution main system) of distribution main and 260 gas services constructed mainly of PVC on various streets within the University Park, and Crescent Park neighborhoods. Release of the project for bidding has been delayed, to include the Town & Country Village scope. This project was split into GMR24A and GMR24B.
GMR24A (Stanford Shopping Center) was completed spring 2023. GMR24B construction is anticipated to start at the end of January 2024, pending weather.
Gas Main
Replacement $0
Prior Years Actuals Total Project Budget Implementing Department Project Phase $10,000,000 Utilities Design
Project Completion
Winter 2024
Project 25
(GS‐15000)
Project Status: This Gas Main Replacement (GMR) project replaces approximately 20,000 ‐ 26,000 linear feet (which represents 2.4 percent of the City’s Gas Distribution System) of leaking, inadequately sized, and structurally deficient gas mains and services located on various streets in the neighborhoods of Community Center, Leland Manor, Midtown, and Palo Verde neighborhoods. Staff identifies problematic mains/services by researching maintenance and leak histories, analyzing performance of the entire Gas Distribution System, and considering risks ratings of the Distribution Integrity Management Plan. A federal grant application was submitted in August 2023 and if awarded the project will replace 26,000 linear feet of main. If the grant application is not awarded, a scaled down project will be proposed.
Recurring Projects
Gas Prior Year Actuals Current Year Budget Implementing Department Project Phase Project Completion Distribution $190,158 $1,005,796 Utilities N/A Recurring Gas Fund Projects – Page 1 of 3
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System Project Status: This project enables Gas Distribution System improvements. Typical activities include increasing Improvements distribution system capacity for load growth, replacing deteriorated capital facilities, reconfiguring/adding to the system (GS‐11002) to improve service reliability, and conducting research related to performance of the gas distribution system or its various components making general improvements to the system. The City must continuously evaluate service reliability needs and make improvements to the system to maintain top level service to City customers and to minimize potential economic losses due to service interruptions. In the first half of FY 2024, city crews completed the replacement of various gas services and valves throughout the system, including 450 feet of gas mainline and eight gas services on Seneca Street between Forest Avenue and Boyce Avenue.
Gas Prior Year Actuals Current Year Budget Implementing Department $19,823 $100,000 Utilities
Project Phase
N/A
Project Completion
RecurringEquipment
and Tools
(GS‐13002)
Project Status: This project purchases polyethylene (PE) fusion equipment and tools, directional boring/locating equipment and tools, and general shop equipment and tools. The equipment needs to be upgraded on an annual basis to safely operate and maintain a natural gas distribution system and to ensure operators’ safety and productivity. In the first half of FY 2024, no new equipment has been purchased. New Sensit gas detectors and battery operated electrofusion processing machines are planned for purchase in the last half of FY 2024.
Gas Meters
and
Prior Year Actuals Current Year Budget Implementing Department $359,636 $500,000 Utilities
Project Phase
N/A
Project Completion
Recurring
Regulators
(GS‐80019)
Project Status: This project provides replacement of the existing gas meters and regulators annually. The coordination of gas meter and regulator replacements with gas meters identified to be replaced under the AMI contract, which is generally gas meters that are 25 years or older. The gas meter replacement program ensures the accuracy of gas consumption measurement, reduces possible revenue loss due to under‐registered gas, and provides customers with accurate monthly bills. Replacement of aged gas meters and regulators is on‐going. The next major replacement of meters and regulators will be coordinated with Gas Main Replacement Project 24 (GS‐14003) and the Advanced Metering Infrastructure project.
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Gas System,
Customer
Prior Year Actuals Current Year Budget Implementing Department $696,488 $810,900 Utilities
Project Phase
N/A
Project Completion
Recurring
Connections
(GS‐80017)
Project Status: This project enables the Gas Distribution System to be extended in order to provide gas service to new customers and augment service to customers with increased natural gas demands. Improvements include new mains, services, valves, regulators, meters, and accessories. This project upgrades infrastructure to provide gas service connections to new customers, meet changes in existing customer service demands, and respond to changes in gas service requirements due to new development or redevelopment. This project is funded partially from reimbursements by customers. City crews completed 5 new gas service installations and 36 gas service demolitions in the first half of FY 2024.
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Stormwater Management Projects Status as of December 2023 One‐Time Projects
Corporation
Way System
Upgrades and
Pump Station
(SD‐21000)
Prior Years Actuals
$181,234
Total Project Budget Implementing Department Project Phase Project Completion $4,146,556 Public Works Design Spring 2026
Project Status: This project incorporates a design of a new small pump station with 25 cubic feet per second capacity and upgrades 700 linear feet of pipe to 30‐inch diameter High Density Polyethylene pipe. The existing system does not have the force needed to discharge storm flows into the Adobe Creek. Adding a pump station in advance of the outfall and upsizing the storm pipe will eliminate the routine flooding along East Bayshore Road and convey runoff from a 10‐year storm event. Staff secured an easement for the pump station from adjacent property owners. The design consultant has submitted a 99% design that is currently under review by the Planning and Building Department for final comments prior to issuing a procurement contract for construction in spring 2024.
East Meadow
Drive System
Upgrades
Prior Years Actuals
$31,884
Total Project Budget Implementing Department Project Phase Project Completion $636,405 Public Works Construction Summer 2024
Project Status: This project adds approximately 407 linear feet of new 24‐inch high density polyethylene to be parallel to the existing 36‐inch pipe within East Meadow Drive to increase the capacity of the storm drain system.
This project includes upsizing manholes based on new pipes and reconnecting laterals from private property and catch basins. A construction contract was awarded in October 2023, and construction began in November 2023.
Completion is anticipated in June 2024.
(SD‐22000)
East Meadow
Circle
Prior Years Actuals
$0
Total Project Budget Implementing Department Project Phase Project Completion $634,016 Public Works Construction Summer 2024
Connection to
Adobe Creek
Pump Station
(SD‐26000)
Project Status: This project will install approximately 600 linear feet of 15‐inch pipe and manholes along East Meadow Circle. The new 15‐inch line will eliminate flooding that occurs within East Meadow Circle when the water level within Barron Creek is higher than the flap‐gate, and flows are not able to drain into the creek. The new 15‐ inch HDPE line extension provides allows flows to drain away from Barron Creek and into Adobe Creek, where they can be pumped. The project also includes a small bioretention area to treat low flow runoff within East Meadow Stormwater Management Projects ‐ Page 1 of 3
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Stormwater Management Projects Status as of December 2023 Circle before discharging into either creek. A construction contract was awarded in October 2023, and construction began November 2023. Completion is anticipated in June 2024.
Trash Capture
Device
Prior Years Actuals
$261,579
Total Project Budget Implementing Department Project Phase Project Completion $818,837 Public Works Construction Spring 2024
Installation
(SD‐22002)
Project Status: This project will design and construct a large trash capture device (TCD) to be installed in the planting strip along Embarcadero Road located in front of the Palo Alto Baylands Golf Links parking lot. The TCD will be integrated into a 36‐inch storm pipe to capture trash as small as five millimeters from a section of the storm drain system prior to discharging to the San Francisco Bay. The 189‐acre drainage area treated by the TCD consists of 169 acres of commercial and office land use in the City’s jurisdiction and 20 acres in the California Department of Transportation (Caltrans) right‐of‐way. Construction began in summer 2023 and is expected to be completed by spring 2024.
West Bayshore Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion $3,058,138 Public Works Design Spring 2026Road Pump
Station
$254,750
Project Status: This project incorporates design and construction of a new small pump station with 15 cubic feet per second capacity. Installing a new pump station will allow storm flows to be pumped into the Adobe Barron Creek confluence while adding a pump station in advance of the outfall would eliminate the routine flooding along West Bayshore Road and allow the system to convey runoff from a 10‐year storm event. Staff secured an easement for the pump station from adjacent property owners The project is currently under review by the Planning and Building Department for final comments prior to issuing a procurement contract for construction in spring 2024. (SD‐20000)
West Bayshore Prior Years Actuals
Road Trunk Line $5,550
Total Project Budget Implementing Department Project Phase Project Completion $2,542,314 Public Works Design Spring 2026
Improvements
(SD‐23000)
Project Status: This project replaces approximately 1,400 linear feet of existing 15‐inch diameter pipe with 36‐inch High Density Polyethylene pipe. These improvements along with the new West Bayshore Road Pump Station (SD‐ Stormwater Management Projects ‐ Page 2 of 3
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Stormwater Management Projects Status as of December 2023 20000) will eliminate the routine flooding along West Bayshore Road and allow the system to convey runoff from a 10‐year storm event. Staff secured an easement for the pump station from adjacent property owners The project is currently under review by the Planning and Building Department for final comments prior to issuing a procurement contract for construction in spring 2024.
Recurring Projects
Green
Stormwater
Infrastructure
(SD‐22001)
Prior Year Actuals
$0
Current Year Budget Implementing Department Project Phase Project Completion $2,005,559 Public Works N/A Recurring
Project Status: This project provides funding for Green Stormwater Infrastructure (GSI) projects and the integration of GSI features in the design and implementation of planned CIP projects supported by other funds. GSI mimics the natural environment to slow, spread, infiltrate, and filter stormwater runoff through native or engineered soils or other pervious material rather than discharging it directly into storm drain inlets. Types of GSI include bioretention planters, tree wells, and pervious pavement to manage stormwater runoff. The FY 2024 budget is allocated as a match to fund the balance of a GSI project partially funded by the U.S. Environmental Protection Agency and also provides funding for adding a GSI component to the East Meadow Circle Connection to Adobe Creek pump station project (SD‐26000).
Storm Drainage Prior Year Actuals Current Year Budget Implementing Department Project Phase Project Completion $1,525,681 Public Works N/A RecurringSystem $738,001
Replacement
and
Rehabilitation
(SD‐06101)
Project Status: This project provides for annual replacement and rehabilitation to maintain the integrity of the storm drain system, including deteriorated storm drain piping, manholes, and storm drain inlets. The rehabilitation includes replacement of broken corrugated metal pipe with High Density Polyethylene pipe. Based on the recent pipe failures that occurred in early 2023, staff is proposing to replace storm drain pipes at three locations (Forest Avenue, Embarcadero Road, and Fielding Drive), as part of CIP projects SD‐22000 and SD‐26000. A construction contract was awarded in October 2023 and construction began in November 2023 and is anticipated to be completed in June 2024.
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Wastewater Collection Fund Projects Status as of December 2023 One‐Time Projects
Wastewater
Collection
System
Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion $199,019 $8,635,244 Utilities Construction Spring 2024
Project Status: This project funds the design and construction of high priority main replacement work, which reduces inflow of rainfall and groundwater into the collection system. The project replaces approximately 11,000 linear feet (which represents 1.0 percent of the City’s Wastewater Collection System) for El Camino Real from Page Mill Road to Cesano Court, and Page Mill Road from Ramos Way to Ash Street. The project is comprised of mains identified in video inspection work or through maintenance records as structurally deficient and in need of replacement. The work is in Caltrans (El Camino Real) and the County of Santa Clara (Page Mill Road) right‐of‐way. The construction contract was approved in May 2023. The construction Notice to Proceed was issued in July 2023. Construction is underway with completion anticipated in May 2024.
Rehabilitation
Augmentation
Project 31
(WC‐19001)
Recurring Projects
Sewer
Lateral/Manhole
Rehabilitation
and
Prior Year Actuals Current Year Budget Implementing Department $850,000 Utilities
Project Phase Project Completion
$716,171 N/A Recurring
Project Status: This project replaces defective sewer laterals, cleanouts, manholes, backwater devices, and equipment to support these activities to maintain the Wastewater Collection System, as well as to comply with the Sanitary Sewer Master Plan (SMP). Information collected during routine annual maintenance activities is used to prioritize work. The continued work performed will also help reducing both sewage blockage and the City's treatment expenses to treat rainwater or groundwater infiltration. A new 3‐year construction contract was approved in FY 2023 to replace problematic sewer laterals. In the first half of FY 2024, fifty‐six sewer lateral replacements were completed.
Replacement
(WC‐99013)
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Wastewater Collection Fund Projects Status as of December 2023 Sewer System,
Customer
Prior Year Actuals
$360,124
Current Year Budget Implementing Department
$450,000 Utilities
Project Phase
N/A
Project Completion
Recurring
Connections
(WC‐80020)
Project Status: This project installs sewer lateral connections and additions or extensions of existing mains to serve new customers and to respond to changes in sewer requirements due to redevelopment. Old existing non‐plastic sewer laterals with condition deficiencies per Utilities Operations’ criteria are required to be replaced in accordance with the latest 2022 WGW Standards. In the first half of FY 2024, two new lateral connection or extensions mains were performed.
Wastewater
General
Prior Year Actuals
$102,495
Current Year Budget Implementing Department
$108,941 Utilities
Project Phase
N/A
Project Completion
Recurring
Equipment and
Tools
Project Status: This project provides funds to procure new general equipment and new tools. In the first half of FY 2024, no new general equipment or tools were procured.
(WC‐13002)
Wastewater
System
Prior Year Actuals
$0
Current Year Budget Implementing Department
$799,501 Utilities
Project Phase
N/A
Project Completion
Recurring
Improvements
(WC‐15002)
Project Status: This project implements improvements to the Wastewater Collection System by increasing system capacity for growth, flow monitoring, hydraulic modeling and system analysis, load simulations, asset management analysis and assessment, system inflow/infiltration analysis, and sanitary sewer overflow monitoring and reduction.
Part of this project funds the Sewer Master Plan Study, which will evaluate the City’s existing wastewater collection system, flows, and flow patterns to determine system capacity to meet current and future flows and recommend and prioritize capital improvement projects where needed. The consultant contract was approved in November 2023. The consultant started work in December 2023.
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Wastewater Treatment Fund Projects Status as of December 2023 One‐Time Projects
Advanced
Water
Prior Years Actuals Total Project Budget
$1,977,452 $59,974,964
Implementing Department
Public Works
Project Phase Project Completion
Design Winter 2026
Purification
Facility
(WQ‐19003)
Project Status: This project enables the design and construction of an Advanced Water Purification Facility to further improve the quality of the tertiary‐treated recycled water by ultrafiltration followed by reverse osmosis to reduce the level of total dissolved solids. The water reuse partnership agreement with Valley Water and Mountain View provides $16 million in funding from Valley Water for this project. The City has also received grant funding for a portion of the project costs and a State low‐interest loan for the design and construction phases. Palo Alto and Mountain View staff agreed that Mountain View would pay the remainder of the capital costs associated with this project. Mountain View staff recommended this project and Mountain View’s City Council approved it on June 27, 2023 (SR #2308‐1863). The design is currently at 100%, and meetings with ARB and Planning and Transportation Commission are ongoing.
Headworks
Facility
Prior Years Actuals Total Project Budget
$0 $52,095,872
Implementing Department
Public Works
Project Phase Project Completion
Design Spring 2032
Replacement
(WQ‐16002)
Project Status: This project replaces the existing two outdated influent pump stations and their associated equipment and ancillary systems, including the suction and discharge piping manifolds, valves, electrical and controls system, screening equipment, grit handling equipment, pumps, flow meters and yard piping. Solicitation for a consultant to perform advanced planning and preliminary design began in summer 2023. A consultant was selected in spring 2024.
Horizontal
Levee Pilot
(WQ‐22001)
Prior Years Actuals Total Project Budget Implementing Department $39,421 $738,511 Public Works
Project Phase Project Completion
Design Fall 2029
Project Status: This project consists of the design, permitting, and construction of a horizontal levee pilot system. The system will utilize treated wastewater to create a transitional brackish habitat on the Bayside of a future flood control levee located in the Palo Alto Baylands, adjacent to the Regional Water Quality Control Plant (RWQCP). Information and data collected by this pilot system could support broader implementation of horizontal levees as green infrastructure components in larger flood control levee improvement projects within Palo Alto and beyond. The project Wastewater Treatment Fund Projects – Page 1 of 4
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Wastewater Treatment Fund Projects Status as of December 2023 completed 90% design, CEQA review, conducted several stakeholder outreach events, created a project webpage, submitted construction applications to resource agencies, and received a recommendation from the Parks and Recreation Commission. The project is currently finalizing the design, working with resource agencies to obtain construction permits, coordinating future community engagement activities including BioBlitz’ and King Tide Walks, and working to bring the Park Improvement Ordinance and Cooperative Agreement to Council in early 2024. The San Francisco Estuary Partnership/Association of Bay Area Governments will be posting the project for solicitation in early 2024.
Joint
Intercepting
Sewer
Prior Years Actuals Total Project Budget
$0 $12,573,488
Project Status: This project will rehabilitate 2,364 linear feet of the 60” and 72” diameter Joint Intercepting Sewer (JIS) Implementing Department
Public Works
Project Phase Project Completion
Construction Winter 2025
Rehabilitation trunk line leading to the Regional Water Quality Control Plant (RWQCP). The entire trunk sewer line, constructed in (Phase 1)
(WQ‐24000)
1972, is approximately 9,000 feet long consisting of 13 manholes/junction structures. The JIS conveys raw wastewater mainly from the City of Mountain View, City of Los Altos, Los Altos Hills, and a portion Palo Alto, which accounts for more than half of the RWQCP’s influent flows. Solicitation for construction was completed in fall 2023. Construction is scheduled to begin in spring 2024 and be completed by winter 2025.
New
Laboratory
and
Prior Years Actuals Total Project Budget
$363,705 $23,979,898
Project Status: This project was originally envisioned to replace the existing plant laboratory and environmental Implementing Department
Public Works
Project Phase Project Completion
Pre‐Design Fall 2030
Environmental services offices. Staff is currently revising space planning assumptions as the City and RWQCP are investigating the Services
Building
(WQ‐14002)
potential acquisition of a property adjoining the RWQCP and have put further design efforts on hold. The original design contract was terminated in March 2021. Solicitation for engaging a new consultant for detailed design will begin after advanced planning and siting analysis are completed as part of the Long Range Facilities Plan Update.
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Wastewater Treatment Fund Projects Status as of December 2023 Outfall Line
Construction
(WQ‐19000)
Prior Years Actuals Total Project Budget
$0 $17,923,113
Implementing Department
Public Works
Project Phase Project Completion
Design Summer 2026
Project Status: This project consists of the construction of a new parallel outfall pipe to convey final plant effluent to San Francisco Bay. A re‐design of the pipeline is needed to accommodate a potential future runway shift at Palo Alto Airport. Staff is currently working with the Federal Aviation Administration (FAA) to gain FAA concurrence for the pipeline construction and permanent easements on Airport property. The re‐design is anticipated to begin in summer 2024, moving immediately to construction upon design completion.
Plant Master
Plan
Prior Year Actuals
$457,871
Current Year Budget
$442,587
Implementing Department
Public Works
Project Phase Project Completion
Construction Winter 2028
(WQ‐10001) Project Status: This project enables the ongoing program management support for major capital projects. Current tasks include developing scopes of work, evaluating consultant proposals, coordinating project management activities, pursuing State low‐interest loans for multiple projects, and updating partner agreements. The consultant provides support for the projects associated with the Long‐Range Facilities Plan (LRFP), with a contract that expires in 2028.
Primary Prior Years Actuals Total Project Budget
$20,449,644
Project Status: This project enables the design and construction for new protective coatings on each of the four Implementing Department
Public Works
Project Phase Project Completion
Construction Spring 2024Sedimentation $10,326,903
Tank
Rehabilitation concrete primary sedimentation tanks, with replacement of worn rotating parts and mechanical and electrical (WQ‐14003) equipment. These tanks were installed in 1972 and the recoating project will extend the concrete life for another 30 years. Construction began in summer 2021, with completion expected by spring 2024.
Secondary
Treatment
Upgrades
Prior Years Actuals Total Project Budget
$15,774,759 $193,317,009
Project Status: This project upgrades the Secondary Treatment process at the RWQCP. The existing Secondary Implementing Department
Public Works
Project Phase Project Completion
Construction Winter 2028
(WQ‐19001) Treatment process has two main components, the Fixed Film Reactors (FFR) and the Activated Sludge (AS) Process.
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Wastewater Treatment Fund Projects Status as of December 2023 This project includes the reconstruction of the AS process, rehabilitation and reconfiguration of the AS Aeration Basins, the elimination of the FFRs, addition of denitrification capabilities, and replacement of equipment beyond its useful life. Construction began in winter 2023 with completion of new denitrification treatment and retirement of the FFRs expected in 2028.
Recurring Projects
Plant Repair,
Retrofit and
Prior Year Actuals
$2,116,235
Current Year Budget Implementing Department Project Phase Project Completion $10,141,002 Public Works N/A Recurring
Equipment
Replacement
(WQ‐19002)
Project Status: This project enables the assessment, repair, and retrofit of the RWQCP’s concrete and metal structures; the replacement of necessary equipment and ancillary facilities, including electrical equipment/systems, to maintain treatment reliability and existing infrastructure; and the replacement of large diameter flow meters built into the wastewater treatment system on sewers, pipes, and water lines. Design of the 12 kV Electrical Loop Upgrade Project was completed in spring 2022. A construction contract for phase 1 was executed in winter 2023, with expected completion in summer 2024. Solicitation for Phase 2 construction is anticipated to commence in summer 2024.
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Water Fund Projects Status as of December 2023
One‐Time Projects
Water Main
Replacement
Project 29
Prior Years Actuals Total Project Budget
$201,968 $9,307,828
Implementing Department Project Phase Project Completion Utilities Construction Summer 2024
Project Status: This project will fund the design and replacement of structurally deficient water mains and appurtenances. Mains are selected by researching the maintenance history of the system and identifying those that are undersized, corroded, and/or subject to breaks. The project scope includes approximately 7,500 linear feet (which represents 0.6 percent of the City’s Water Distribution System) of mains and services on various streets within the City, including areas in the Evergreen Park and Ventura neighborhoods. Construction started in November 2023 and will complete in August 2024.
(WS‐15002)
Water Main
Replacement
Project 30
Prior Years Actuals Total Project Budget
$0 $9,350,000
Implementing Department Project Phase Project Completion Utilities Design Spring 2026
Project Status: This project will fund the replacement of structurally deficient water mains and appurtenances in Fiscal Year 2026. Mains are selected by researching the maintenance history of the system and identifying those that are undersized, corroded, and subject to breaks. The project scope includes approximately 10,000 linear feet (which represents 0.8 percent of the City’s Water Distribution System) of mains and services on various streets within the City, including areas in Midtown/Midtown West, Palo Verde, and Green Meadow neighborhoods. (WS‐16001)
Water Recycling Prior Years Actuals Total Project Budget Implementing Department Project Phase Project Completion Utilities Pre‐Design Fall 2024Facilities $710,106 $852,674 (WS‐07001) Project Status: This project allows the City to hire a consultant to prepare a business plan, prepare preliminary design, and secure funding options for an expansion of the existing recycled water delivery system in the City. The expansion pipeline is one of several water reuse projects being considered in the Northwest County Recycled Water Strategic Plan. One Water Plan development is underway to evaluate alternative water supplies, define existing and future uncertainties and supply risks, and identify community needs and priorities. The One Water Plan is tentatively scheduled for Council approval in 2024.
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Water Fund Projects Status as of December 2023
Water
Regulation
Station
Improvements
(WS‐07000)
Prior Years Actuals Total Project Budget
$1,876,641 $2,960,477
Implementing Department Project Phase Project Completion Utilities Construction Summer 2024
Project Status: This project for Water Regulation Station Improvements includes seismic upgrades, piping improvements and other various upgrades to increase the structural reliability of two of the City’s turnouts with SFPUC. Work under this project includes Seismic Upgrade of California and Page Mill Turnouts. Structural evaluation for restraining the Page Mill turnout and piping was included in the design. City Council approved this project and the construction for the Page Mill Turnout is completed. The California Avenue Turnout work will begin in January 2024 and is anticipated to be completed in May 2024.
Water Tank
Seismic Upgrade $9,574,814
Prior Years Actuals Total Project Budget
$26,989,834
Implementing Department Project Phase Project Completion Utilities Construction Fall 2027
and
Rehabilitation
(WS‐09000)
Project Status: This project for Seismic Water System Upgrades includes seismic upgrades at the Montebello, Mayfield, Corte Madera, Park, Boronda, and Dahl Reservoirs in compliance with the American Society of Civil Engineers (ASCE 7) seismic codes. Mayfield Reservoir was seismically retrofitted in 2011. Seismic upgrades of Boronda and Montebello Reservoirs was completed in 2016 and 2018. The new concrete Corte Madera Reservoir was completed in April 2022. The Park Reservoir is scheduled next for retrofit or replacement, followed by Dahl Reservoir. Park Reservoir was assessed in spring 2023, and staff completed the update to the financial analysis of retrofit versus replacement and made a recommendation in summer 2023 to replace the tank roof. Design for Park Reservoir is expected to be completed by the beginning of 2025, and construction completed by the end of 2026.
Dahl Reservoir will be assessed in 2025 and the retrofit and rehabilitation is expected to be completed by the end of 2027.
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Water Fund Projects Status as of December 2023
Recurring Projects
Water
Distribution
System
Improvements
(WS‐11003)
Prior Year Actuals Current Year Budget Implementing Department Project Phase Project Completion $19,247 $646,029 Utilities N/A Recurring
Project Status: This project enables improvements to water distribution system deliverability and reliability.
Typical activities include installing restraining joints at critical pipelines and bridge crossings, increasing the size of inadequate facilities, system leakage surveys, network modeling, and fire flow studies or other system improvements as required. Continuous evaluation of system needs and making required improvements is necessary to maintain adequate quantities of quality water, meeting local, state, and federal safe drinking water standards. The Pump Station Painting project to paint the five foothill pump stations, is planned for summer 2024.
Water, Gas,
Wastewater
Utility GIS Data
(WS‐02014)
Prior Year Actuals Current Year Budget Implementing Department Project Phase Project Completion $120,703 $513,400 Utilities N/A Recurring
Project Status: This project enables contracts related to Utilities GIS (Geographic Information System) needs. AME database is heavily utilized by Utilities Engineering staff to update the utility information in GIS. The updated information is used by various City staff, such as marking/locating underground utilities to comply with USA (Underground Service Alert) requirements; developing design drawings for pipeline replacement projects; verifying existing underground utilities during construction activities; creating customized utility map books for field crews and on‐call personnel to meet their specific needs. Annual surveying contracts collect GPS points of existing above‐ ground utility features within CIP project areas. The data being collected continues to be used to correct the GIS database. Accurate utility data helps the design to select new pipe alignment to minimize construction conflicts and provides data for additional road feature linework to be corrected in the older GIS/AVEC database via ESRI.
Water General Prior Year Actuals Current Year Budget Implementing Department Project Phase Project Completion Equipment/Tools $1,602 $50,000 Utilities N/A Recurring
(WS‐13002) Project Status: This project acquires new equipment and tools, the replacement of existing fusion equipment, and other associated tools. The fusion equipment is used to fuse together pipe joints in the City's water distribution Water Fund Projects – Page 3 of 5
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Water Fund Projects Status as of December 2023
system. Equipment and tools are required to be upgraded on an annual basis to maintain high quality standards for the installation of the City's water distribution mains, along with the associated service standards and worker safety and productivity measures. Purchase of a Synergi gas model software license and completion of the gas model is anticipated to be completed in fall 2024 to assist with the Capital Improvement Plan projects and gas decommissioning.
Water Meters Prior Year Actuals Current Year Budget Implementing Department Project Phase Project Completion (WS‐80015) $116,080 $1,599,821 Utilities N/A Recurring
Project Status: This project enables the purchasing of meters for new customers, upgrading meters for current customers, installing meter bypasses, and replacing obsolete meters that are no longer repairable. This funding also allows for annual testing and calibration of selected meters to maintain meter accuracy and reliability. During the AMI implementation process, approximately 50% of the meters will be replaced, with a focus on meters more than twenty years old. Staff is currently targeting large diameter meter sets to be replaced first in preparation for the upcoming AMI project. Staff completed testing a batch of large meters in 2023; additional testing will be conducted in 2024.
Water Service
and Hydrant
Replacement
(WS‐80014)
Prior Year Actuals Current Year Budget Implementing Department Project Phase Project Completion $129,230 $400,000 Utilities N/A Recurring
Project Status: This project replaces system control valves, deteriorated galvanized service lines, lead goosenecks, and fire hydrant valves and assemblies per the Fire Department’s flow testing, upgrades fire hydrants in main line replacement project areas, and replaces existing undersized or deteriorated copper water services on an as needed basis. Staff has been working on an extensive valve audit and to date have operated and evaluated approximately 60% of the City’s 6,500 water valves. This project will be increasing work to replace inoperative and leaking valves identified during this audit process. In addition, the City will be doing additional work to look for possible lead whips in our distribution system as we continue to comply with the new lead and copper rule revisions (LCRR).
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Water Fund Projects Status as of December 2023
Water System
Customer
Prior Year Actuals Current Year Budget Implementing Department Project Phase Project Completion $781,090 $932,000 Utilities N/A Recurring
Connections
(WS‐80013)
Project Status: This project allows for improvements that include new main extensions, valves, domestic services, meters on upgraded services, backflow devices, fire services, and fire hydrants. System extensions are required to provide service to new large developments and to serve existing customers requesting expanded service on Development Services projects. A total of sixty‐six water services and four hydrants were installed in 2023.
Water System
Supply
Prior Year Actuals Current Year Budget Implementing Department Project Phase Project Completion $14,560 $3,617,000 Utilities N/A Recurring
Improvements
(WS‐11004)
Project Status: This project evaluates and improves the City’s water distribution system on an as‐needed basis. This project includes piping modifications, equipment replacements associated with water delivery, supervisory control software upgrades, system modifications for water system quality compliance, conditional assessment of the reliability of transmission mains, and security system installations. The water system includes the connection facilities between the City’s and the San Francisco Public Utility Commission’s pipelines, emergency water wells within the City, pumping stations, water reservoirs, and pipelines. Security cameras will also be added to various tanks, pump stations, and turnouts as part of the Security Cameras project. Staff is planning to lease a mobile generator for Foothill pump stations in summer 2024 and purchase generators by summer 2025.
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List of Completed Projects
Season
Completed
Year
Completed
Total Project Budget
**CIP # Project Name Project Description Project Type Fund Source Department CMR Date This project incorporated renovations to the Utilities Water Gas Wastewater (WGW) office space at the Municipal Service Center (MSC). The new work area includes a small reception area, a renovated kitchen and printer area, additional Construction offices and cubicles, upgrades to the HVAC system, lighting improvements and fire life safety systems upgrade. Construction was completed in April 2023.
Water, Gas, Wastewater
Office Remodel
Buildings and
FacilitiesPE‐19001 Public Works Spring
Winter
Spring
Spring
2023
2023
2023
2023
$
$
$
$
1,234,354.00
298,200.00
This project provided funding for the replacement of all extrication tools for the Fire Department. Extrication tools, also known as "Jaws of Life", are used to FD‐22000 Extrication Tool Replacement rescue victims of car accidents and other emergencies where the victims are Procurement trapped in confined spaces. Equipment was purchased in winter 2023 and the project is complete.
Buildings and
Facilities Fire Department
This project has replaced approximately 18,600 linear feet (which represents
1.6% of the City's water distribution system) of mains and 265 services on various streets in the City, including areas in the Duveneck, St. Francis, Barron Construction Park and Charleston Meadows neighborhoods. Construction started in April 2022 and the project was substantially completed in spring 2023.
Water Main Replacement
Project 28WS‐14001
WC‐17001
Water Utilities 10,305,619.00
4,656,777.00
This project included the design and construction of high priority mains with structural defects that could not be addressed with routine maintenance. The wastewater mains on various streets in the City were replaced with approximately 10,000 linear feet of HDPE sanitary sewer mains and associated laterals in the Ventura, Charleston Meadows, Fair Meadow, and Palo Verde neighborhoods. The project achieved substantial completion in April 2023.
Wastewater Collection
System Rehabilitation
Augmentation Project 30
Wastewater
CollectionConstruction Utilities
This project included the design and reconstruction of the Palo Alto Airport apron. The need to reconstruct the aircraft parking apron is critical to airport AP‐16000 Airport Apron Reconstruction safety. Construction Phase I was completed in November 2017. Construction Phase II was completed in winter 2020. Construction on Phase III reached substantial completion in June 2023
Construction
Construction
Airport Airport Spring 2023
2022
$
$
41,563,570.00
This project replace rubberized and synthetic turf surfacing in the playground and replace play equipment including swings, climbing net, and playhouse. AnMagical Bridge Playground PE‐21003 Rubber and Synthetic Turf
Resurfacing
IFB was issued in November 2021 and Council awarded a construction contract in spring 2022. Installation of rubberized and synthetic surfacing, replacement of climbing nets and renovation of the playhouse took place in fall 2022. Project was completed in December 2022.
Parks and Open
Space Public Works Fall 857,380.00
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List of Completed Projects
Season
Completed
Year
Completed
Total Project Budget
**CIP # Project Name Project Description Project Type Fund Source Department CMR Date This project designed and constructed approximately 21,700 linear feet (which represents 1.9% of the City's Gas distribution main system) of distribution main and 320 gas services constructed mainly of PVC material on various streets within the Midtown, Evergreen Park, Ventura, College Terrace, Charleston Terrace, and Research Park neighborhoods. Construction began in winter 2021and was completed in summer 2022
Gas Main ReplacementGS‐13001 Construction Gas Utilities Summer 2022 $ 7,951,858.00Project 23 This project replaced the entire complement of Automated External Automated External Defibrillators (AEDs) throughout City facilities and emergency response vehicles, Buildings and FacilitiesFD‐21000
PF‐17000
Procurement
Construction
Fire Department
Public Works
Summer
Fall
2022
2022
$ 237,500.00Defibrillator Replacement which currently totals 93 AEDs. The RFP process was completed in fall 2021.
The new AEDs were purchased and deployed in summer 2022.
This project replaced the existing MSC roofs. The existing asphalt and gravel Municipal Service Center A, B, roofs have reached the end of their useful life and needed to be replaced. The Buildings and Facilities $ 2,013,475.00& C Roof Replacement new roofs will meet current cool roofing codes to optimize energy efficiency.
Construction was completed in November 2022.
This project installed capacitor banks at electric substations and on distribution lines to ensure Northern California Power Association Power Factor requirements are met. Capacitor banks were installed at Hanover Avenue, Hansen Way, Maybell Avenue, and Park Boulevard Substations. The project was substantially completed in June 2022 and will be commissioned and energized in summer 2022.
EL‐16002 Capacitor Bank Installation Construction Electric Electric
Utilities Spring 2022 $ 1,050,443
The Utilities Department removed the overhead lines allowing for the installation of the Overhead Catenary System above the rails for the Caltrain Modernization. This project was completed in spring 2022 Facility Relocation for CaltrainEL‐17007 Construction
Construction
Utilities Spring
Spring
2022
2022
$
$
3,055,472
4,646,247
Modernization Project
This project upgraded safety, site amenities, playground facilities, a new restroom, irrigation, drainage, and ADA accessibility improvements at PE‐08001 Rinconada Park Improvement Rinconada Park. These improvements were identified in the Rinconada Long Range Plan (LRP). Phase 1 of construction started in August 2021 and Parks and Open
Space Public Works
construction was completed in spring 2022.
This project reconfigured the distribution circuits to the substation transformer EL‐14005 Reconfigure Quarry Feeders at Quarry Substation. Design of QR 27 feeder replacement was completed in spring 2021. Construction was completed in December 2021 .
Construction Electric Utilities Fall 2021 $ 792,034
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Year
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Total Project Budget
**CIP # Project Name Project Description Project Type Fund Source Department CMR Date This project provided for the relocation of the Junior Museum and Zoo to Cubberley for two years while a new JMZ was being built, tenant improvements to the Cubberley Auditorium and then removal of tenant improvements post‐ construction. Construction of the new Junior Museum and Zoo started in June 2018 and was completed in late 2021. The new Junior Museum and Zoo was opened to the public on November 12, 2021.
Buildings and
Facilities
Community
ServicesAC‐18001 JMZ Renovation Construction
Construction
Fall
Fall
2021
2021
$
$
2,927,870.00
264,235.00
This project included a systems analysis and repaired the water proofing system in the High Street and Bryant Street parking garages. Water proofing repairs PE‐18002 Garages Waterproofing and were completed in the High Street parking garage. Additional funding was High and Bryant Street Buildings and
Facilities Public Works
Repairs added and the contractor completed waterproofing repairs in the subterranean stairwells in the Bryant Street garage in fall 2021.
As part of the 2014 Council Infrastructure Plan, this project designed and constructed a new pedestrian bridge across Highway 101 at Adobe Creek.
Council approved a contract with Granite Construction in November 2019.
Construction began in January 2020. The project construction completed on November 20, 2021, with a ribbon‐cutting ceremony and a community celebration.
Highway 101 Pedestrian
Bicycle Overpass Project
Traffic and
TransportationPE‐11011
EL‐12001
Construction
Construction
Public Works Fall
Fall
2021
2021
$
$
22,889,453
3,904,425
This project undergrounded the existing overhead utility systems in the area along the 400 block of West Charleston and El Camino Real. Staff completed cable, equipment installation and 100% of customer service conversions. The construction for the final phase of the project to install two 60 foot tall steel poles and to reconductor the 60 kV sub‐transmission lines was completed in the fall 2021.
Underground District 46
Charleston Electric Utilities
This project improved the Pearson Arastradero Preserve parking lot by Pearson Arastradero Preserve improving the base rock surfacing, adding drainage, widening the entrance for Parks and Open Space
Community
ServicesOS‐18001
CB‐16001
CB‐19001
Construction
Study
Spring
Spring
Spring
2021
2021
2021
$
$
$
170,300
926,792
350,000
Parking lot Improvement safety, and new fencing. This new improvement will allow the overflow parking area to be open year round. The work was completed in May 2021.
Cubberley Community Center This project developed the master plan for future use of the Cubberley Buildings and Facilities
Community
ServicesMaster Plan Community Center site by the City and Palo Alto Unified School District.
This project replaced the Building management System(BMS) controls for the pavilion, Theater, Wing I, and Gyms A and B boiler rooms at the Cubberley Community Center. The project included the installation of control points for each building along with controllers, valve and damper actuators.
Cubberley Building
Management Systems
Buildings and
FacilitiesConstruction Public Works
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Season
Completed
Year
Completed
Total Project Budget
**CIP # Project Name Project Description Project Type Fund Source Department CMR Date This project replaced the current ring down system that provides an audible alert of calls in the fire stations. Ongoing installations started in 2018 and were completed with Fire Station #3.
Fire Ringdown System
Replacement
Buildings and
FacilitiesFD‐14002
PD‐14000
Construction
Construction
Construction
Construction
Fire Departent Spring
Winter
Spring
Winter
2021
2021
2021
2021
$
$
$
$
400,144
77,569
94,500
146,466
Internal Alarm System
Replacement
The project replaced the citywide internal alarm system. The alarms at City Hall migrated to this new system in FY 2019, but was completed in early 2021.
Buildings and
Facilities
Police
Department
Self Contained Breathing
FD‐20001 Apparatus (SCBA) Air
This project replaced the central air compressor that provides air for the self‐ contained breathing apparatus (SCBA) tanks to ensure firefighter safety when entering environments with hazardous air quality.
Buildings and
Facilities Fire Department
Public Works
Compressor Replacement
Airport Electrical
Improvements
This project replaced the outdated electrical panels for the Palo Alto Airport office rental spaces. Construction was completed in January 2021.AP‐20000 PE‐18000
Airport
This project built the California Avenue Area Parking Garage, as part of the 2014 Council Infrastructure Plan. The parking garage has 627 parking spaces with 2 basement levels and 4 above grade floors. The garage features an automated parking space guidance system, EV charging stations, bicycle parking, and motorcycle parking. The garage was opened to the public on December 8, 2020.
New California Avenue Area
Parking Garage
Buildings and
FacilitiesConstruction
Construction
Public Works
Public Works
Fall
Fall
2020
2020
$
$
50,119,976
187,064
This project updated the individual sleeping quarters in the firehouse to address gender issues and privacy concerns. Fire Station #1 was the only fire station in the City that did not have separate bedrooms to accommodate male and female firefighters. This project was completed in fall 2020.
Buildings and
FacilitiesPF‐14002 Fire Station 1 Improvements
This project replaced gas services laterals constructed of Acrylonitrile‐butadiene‐ styrene (ABS) or Tenite material on various streets. Council approved funding in June 2019. The project replaced 104 ABS and Tenite gas services. The WQCP ABS gas service is assigned to Utility Operations for replacement and the remaining five ABS gas services will be scheduled for replacement once the five‐ year moratorium ends on those streets. As of November 2020, this project is complete.
Gas ABS/Tenite Replacement
ProjectGS‐18000
SD‐19000
Construction
Construction
Gas Utilities
Utilities
Fall
Fall
2020
2020
$
$
2,615,100
2,976,813
This project replaced 1,750 linear feet of storm drain with 48‐inch diameter High Density Polyethylene (HDPE) pipe and associated catch basins, laterals and manholes. In addition to underground work, additional street restoration and concrete work was completed. Work includes resurfacing one full lane on Loma Verde from the beginning to the end of the project limits, replacement of driveways, sidewalk, and 718 linear feet of curb and gutter. The contract was awarded in June 2020, construction work began in August 2020, and was completed in December 2020.
Loma Verde Avenue Trunk
Line Improvements Storm Drain
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Year
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Total Project Budget
**CIP # Project Name Project Description Project Type Fund Source Department CMR Date This project is part of the City’s recent Seismic Upgrade and Emergency Water Supply and Storage Projects. The reservoir was drained in 2012 for approximately two years to allow extensive seismic rehabilitation work to be performed and construction of a new pump station. Subsequently hairline cracks were sealed in the reservoir. A geotechnical consultant was hired to evaluate the tank foundation. This study was completed and there were several options identified. Staff has completed the design and construction of the vent Mayfield Reservoir Subgrade
and Venting RepairWS‐19000 Construction
Construction
Construction
Water Utilities Fall
Fall
Fall
2020
2020
2020
$
$
$
600,000
3,649,356
4,434,839
This project undergrounded the existing overhead distribution system in the area bounded by Middlefield Road, Homer Avenue, Webster Street, and EL‐11010 Middlefield, Homer, Webster, Addison Avenue. Installation of substructures and utility electric system is Underground District 47
Electric Utilities
Utilities
Addison completed. Where possible, the overhead electric lines were removed and poles cut down to the level of the communication lines.
This project replaced of 8,972 linear feet of wastewater mains. The sanitary sewer mains, laterals, and manholes to be rehabilitated or replaced in this project are located in the Charleston Meadows neighborhood. Construction started in February 2020 and was suspended for almost 3 months due to COVID‐ 19 County’s Shelter‐in‐Place Order. The project is complete as of December 2020.
Wastewater Collection
WC‐16001 System Rehabilitation
Augmentation Project 29
Wastewater
Collection
This project modernized the existing elevators at parking Lot J. The project involves upgrading the interior of the elevators, elevator control interface, call buttons, and meeting current ADA standards. Construction started in April 2019. Project is complete except for the State final inspection on the second car. State is behind because of COVID, but the inspection should be done by the end of July 2020.
Parking Lot J Elevator
Modernization
Buildings and
FacilitiesPF‐18000 Construction
Construction
Public Works
Public Works
Spring 2020
2020
$
$
781,324
This project replaced the existing Fire Station at Embarcadero Road and Newell Road with a new structure that meets essential services standards and current program needs. Construction completed in March 2020.
Buildings and
FacilitiesPE‐15003 Fire Station 3 Replacement Winter 10,080,258 This project included the recoating of four steel tanks. Work under this project was included in the Seismic Upgrade of four Steel Tanks and the three Turnout Projects. Once construction started, it was found that the Montebello Reservoir was in very poor condition. Due to escalating costs associated with roof replacement, staff decided to complete construction of the Montebello Reservoir and re‐evaluate the remaining three tanks for replacement.
Water Reservoir Coating
ImprovementsWS‐08001 Construction Water Utilities Spring 2020 $ 2,141,172 5 Item 13
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Total Project Budget
**CIP # Project Name Project Description Project Type Fund Source Department CMR Date This project replaced approximately 9,600 linear feet of structurally deficient, aging, or corroded water mains and services along the mains on Sand Hill Road, Construction Oak Creek Drive (5%) and Fulton Avenue.
Water Main Replacement ‐
Project 27WS‐13001 Water Utilities Spring
Spring
2020
2020
$
$
7,786,998
5,665,897
This project enabled the design and construction of a high priority wastewater main and lateral replacement work to reduce inflow of rainfall and groundWastewater Collection WC‐15001 System Rehabilitation Wastewater
Collectionwater into the collection system. The project replaced or rehabbed a total of 7,655 linear feet of wastewater mains located in the Leland Manor/Garland, Midtown West, and Lower Page Mill/Los Altos Hills areas of the City.
Construction Utilities
Utilities
Augmentation Project 28
This project met the growing electric needs of the VA Hospital. Staff has had numerous discussions with VA Hospital on electric load growth at the hospital VA Hospital ‐ Customer Load and anticipated needs from the utility. Much of the cost is reimbursed to theEL‐17003 Design Electric Spring 2020 $ 84,984Requirements City by the VA Hospital. Staff has prepared preliminary designs for interim solutions and is awaiting additional information from VA to develop long range plans to meet their future needs.
This project added electronic security systems at utility sites to protect equipment at electric substations, water pumping plants, reservoirs, and gas stations from intrusion and vandalism. Cameras and detection systems have been installed at nine electric substations, three water stations, and one natural gas station to monitor facilities.
Utility Site Security
ImprovementsEL‐04012
EL‐11008
Construction
Construction
Electric
Electric
Utilities
Utilities
Spring
Spring
2020
2020
$
$
1,644,681
149,023
This project rebuilt and replaced the underground electric system in Underground District 19, the area bounded by Forest Avenue, Waverley Street, Addison Avenue, and Alma Street.
Rebuild Underground District
19 This project replaced Self Contained Breathing Apparatus equipment (SCBA) used by firefighters when entering hazardous conditions when responding to fire and hazardous materials incidents. The SCBA provides breathable air for firefighters when entering environments where the atmosphere is immediately dangerous to life or health. The expected service life for SCBAs is 15 years.
Self Contained Breathing
Apparatus Replacement
Buildings and
FacilitiesFD‐18000 Purchase
Purchase
Fire Department
Fire Department
Spring
Spring
2020
2020
$
$
799,999
850,000
This project replaced the entire complement of twenty cardiac monitors in the Department. Along with other tools needed for patient assessment and airway verification, cardiac monitors assess cardiac activity in patients and provide defibrillation and pacing.
Buildings and
FacilitiesFD‐20000 Cardiac Monitor Replacement
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Completed
Year
Completed
Total Project Budget
**CIP # Project Name Project Description Project Type Fund Source Department CMR Date This project included the construction of curb extensions and the installation of new pedestrian signal heads and traffic signal modifications in 2019 as part of the Upgrade Downtown project.
Downtown Mobility and
Safety Improvements
Traffic and
Transportation Transportation
Office ofPL‐16001 Construction
Purchase
Fall
Fall
2019
2019
$
$
1,819,847
99,000
This project replaced the Thermal Imaging Cameras (TICs) on all fire and response vehicles used to help identify the location of victims; assess the source of fires, smoke, and heat; to assist in creating a plan of action.
Thermal Imaging Cameras
Replacement
Buildings and
FacilitiesFD‐20002 Fire Department
This project addressed areas that were identified in Wastewater Capital Improvement Project 17 (Cleaning and Video Inspection of the Collection System) as needing rehabilitation. This project was combined with Project 25 and 26(WC‐12001; WC‐13001).
Wastewater Collection
WC‐11000 System Rehabilitation Wastewater
CollectionConstruction
Construction
Construction
Utilities
Utilities
Fall
Fall
Fall
2019
2019
2019
$
$
$
3,131,595
3,309,998
1,851,708
Augmentation Project 24
Wastewater Collection
WC‐13001 System Rehabilitation
Augmentation Project 26
This project was combined with Project 24 and 25(WC‐11001; WC‐12001). All new service laterals were installed from the new sewer main to the new sewer cleanouts located in the City’s right‐of‐way.
Wastewater
Collection
Cubberley Track and Field
Replacement
This project replaced the synthetic turf field, installed an all‐weather track and a fitness area.
Parks and Open
SpaceCB‐19000
PE‐14018
Public Works
Baylands Boardwalk
Improvements
This project replaced the existing boardwalk with similar alignment and configuration.
Buildings and
FacilitiesConstruction
Construction
Public Works
Public Works
Winter
Winter
2019
2019
$
$
2,123,681
494,818This project improved the Administrative Services Department offices on the fourth floor of City Hall.
Buildings and
FacilitiesPE‐17009 City Hall Floor 4 Remodel
Lucie Stern Buildings
PE‐14015 Mechanical and Electrical
Upgrades
This project replaced and upgraded the mechanical, electrical, and fire/life safety systems at Lucie Stern Children’s Theater, Lucie Stern Community Theater, and Lucie Stern Community Center.
Buildings and
FacilitiesConstruction Public Works Spring 2019 $ 6,142,607 Planning and
Community
Environment
Quarry Road Improvements This project included planning, design and construction of bicycle and Traffic and TransportationPL‐16000
EL‐17008
Construction
Construction
Spring 2019
2019
$
$
5,148,378
499,997
and Transit Center Access pedestrian improvements along Quarry Road.
Utility Control Center
Upgrades This project upgraded the Utility Control Center working environment. Electric Gas
Utilities Winter
This project replaced approximately 23,700 linear feet of gas mains and services along University Avenue and other streets in the Downtown North nieghborhood.
Gas Main Replacement
Project 22GS‐12001 Construction
Construction
Utilities Spring
Spring
2019
2019
$
$
11,658,997
3,211,998
Wastewater Collection
WC‐12001 System Rehabilitation /
This project was combined with Project 24 and 26 (WC‐11001; WC‐13001) replacing 45,294 linear feet of sanitary sewer mains in university South, Professorville and Old palo Alto neigborhoods.
Wastewater
Collection Utilities
Augmentation Project 25
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Year
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Total Project Budget
**CIP # Project Name Project Description Project Type Fund Source Department Public Works
Utilities
CMR Date
This project provides funding for the design and construction of the sludge dewatering facility and truck loadout to retire existing dewatering and sewage sludge incinerators.
Dewatering and Loadout
Facility
Wastewater
TreatmentWQ‐14001
WS‐12001
Construction
Construction
Construction
Spring
Spring
2019
2019
2018
$
$
$
27,497,551
7,506,161
525,000
This project replaced approximately 11,000 linear feet of aging water mains and services which included water main replacement as part of the Upgrade Downtown Project.
Water Main Replacement –
Project 26 Water
This project improved the Planning and Community Environment (PCE) Department offices on the fifth floor of City Hall.
Buildings and
FacilitiesPE‐17009 City Hall Floor 5 Remodel Public Works Summer Baylands Nature Interpretive This project replaced worn out or non‐functioning exhibits at the Baylands Center Exhibit Improvements Nature Interpretive Center.
Buildings and
Facilities
Community
ServicesAC‐14001
PE‐17000
PD‐14000
Construction
Construction
Construction
Summer
Summer
Summer
2018
2018
2018
$
$
$
56,000
250,000
78,000
Mitchell Park Adobe Creek
Bridge Replacement
Parks and Open
SpaceThis project replaced the existing bridge over Adobe Creek in Mitchell Park. Public Works PoliceInternal Alarm System
Replacement
This project replaced the citywide system of panic alarms from various departments and the Council chambers.
Buildings and
Facilities
Maybell 1&2 4/12kV
ConversionEL‐14004
GS‐15001
This project converted circuits 1 & 2 at Maybell substation from 4kV to 12kV. Construction Construction
Electric
Gas
Utilities
Utilities
Fall 2018
2018
$
$
364,796
150,000Security at City Gas Receiving This project equiped the City’s four Gas Receiving Stations with video Stations Summersurveillance systems.
Matadero Creek Storm Water
SD‐13003 Pump Station and Trunk Line This project upgraded the capacity to the Matadero Creek Storm Water Pump Station, which serves a low‐lying 1200‐acre area of southeastern Palo Alto. Construction Storm Drain Airport
Public Works Summer 2018 $ 6,685,317
Improvements
Wildlife Hazard Management The Wildlife hazard Management Plan identified the specific actions the airportAP‐16002 Study Construction
Study
Public Works
Utilities
Summer
Winter
Spring
2018
2018
2018
$
$
$
63,415
4,022,455
167,741
Plan will take to mitigate the risk of wildlife strikes on or near the airport.
Wastewater Collection
WC‐14001 System Rehabilitation This project replaced 16,859 linear feet of sanitary sewer mains of various sizes on various streets.
Wastewater
CollectionAugmentation Project 27
This project analyzed flooding conditions and recommended flood control structures and drainage and erosion control solutions for the creek located within Foothills Park.
Buckeye Creek Hydrology
Study
Parks and Open
SpacePG‐15000 Public Works
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Completed
Year
Completed
Total Project Budget
**CIP # Project Name Project Description Project Type Fund Source Department Public Works
Public Works
CMR Date
CalTrain Corridor Video This project replaced two existing gateway signs in the right‐of‐way for the California Avenue business district.
Streets and
SidewalksPE‐17004 Management System Construction
Construction
Study
Spring
Fall
2018
2017
2017
2017
2017
2017
2017
$
$
$
$
$
$
$
1,550,000
170,608
627,057
541,355
198,529
3,119,806
3,361,118
Installation
Parking Lot Q Elevator
Modernization
Buildings and
FacilitiesPF‐16003
PE‐13003
This project modernized the existing elevator at Parking Lot Q.
Parks, Trails, Open Space, and This master plan provided guidance on the recreation and improvement needs Recreation Master Plan
Parks and Open
Space
Community
Services Fallfor Palo Alto’s parks, trails, open space and recreational programs.
This project developed a plan for short, medium and long range improvements to the regional park including the consideration of pathways, new restrooms and playgrounds, new landscaping, and revitalization of underutilized areas within the park.
Parks and Open
Space
Community
ServicesPE‐12003 Rinconada Park Master Plan Study Fall
The project developed an inventory of all City‐owned bridges and culvert Structural Assessment of City structures, condition assessment, cost estimate for rehabilitation, and Bridges
Buildings and
FacilitiesPE‐13012 Study Public Works
Utilities
Fallrecommendation for future inspection frequencies, assessment and improvements.
Wastewater Collection Combined with Project 25 and 26 (WC‐12001; WC‐13001), this project replaced and/or rehabilitated approximately 42,398 linear feet of sanitary sewer mains of Construction various sizes, 779 sewer laterals, and 121 sewer manholes.
Wastewater
CollectionWC‐11000 System Rehabilitation / Fall
Augmentation Project 24
Wastewater Collection
WC‐13001 System Rehabilitation /
Augmentation Project 26
Combined with Project 25 and 26 (WC‐12001; WC‐13001), this project replaced and/or rehabilitated approximately 42,398 linear feet of sanitary sewer mains of Construction various sizes, 779 sewer laterals, and 121 sewer manholes.
Wastewater
Collection Utilities Fall
This project completed the rehabilitation of the Palo Alto Municipal Golf Course, including a new layout for the course, new prefabricated restroom, new water‐ saving turf and irrigation system, and rebranded the course as the Baylands Golf Links.
Golf Reconfiguration and
PG‐13003 Baylands Athletic Center
Improvements
Parks and Open
SpaceConstruction
Construction
Construction
Public Works
Utilities
Fall 2017
2017
2017
$
$
$
13,675,177
2,364,937
5,445,069
Gas Main Replacement –
Project 21
This project combined with GWR 19B & GMR 20 and replaced ABS gas mains and services.GS‐11000
WS‐11000
Gas Winter
Winter
This project provided installation of approximately 11,869 linear feet of new High Density Polyethylene (HDPE) water mains, 232 new HDPE water services, and 15 new fire hydrants within the City limits.
Water Main Replacement –
Project 25 Water Utilities
The 2015 Water System Master Plan identified present capital improvements and replacement rates required to ensure optimal reliability levels of service to the existing distribution and transmission systems.
WS‐15004 Water System Master Plan Study Water Utilities Spring 2017 $ 500,000 9 Item 13
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Completed
Year
Completed
Total Project Budget
**CIP # Project Name Project Description Project Type Fund Source Department Utilities
CMR Date
Wastewater Collection Combined with Project 22 (WC‐09001). This project replaced and/or rehabilitated approximately 33,497 linear feet of sanitary sewer mains of various sizes, 554 sewer laterals, and 102 sewer manholes.
Wastewater
CollectionWC‐10002 System Rehabilitation / Construction Construction
Construction
Construction
Construction
Construction
Construction
Construction
Construction
Construction
Construction
Winter
Spring
Winter
Winter
Fall
2017
2017
2017
2017
2016
2016
2016
$
$
$
$
$
$
$
$
$
$
$
1,272,289
696,918
208,648
400,000
1,499,979
94,419
Augmentation Project 23
Street Light System Street
EL‐10009 Light System Conversion
Project
This project converted HPS streetlights to LED and the conversion of approximately 4500 cobrahead streetlight fixtures. Electric Electric
Electric
Utilities
Sand Hill / Quarry 12kV
InterTie
This project installed new wire to connect circuits QR‐24 and QR‐27 in the Sand Hill/Quarry area.EL‐13006
EL‐15001
Utilities
Electric Substation Battery
Replacement This project replaced the batteries in all nine of the City's electric substations.
This project replaced the synthetic turf at the Stanford/Palo Alto Playing Fields.
Utilities
Stanford/Palo Alto Playing Parks and Open
Space
Community
ServicesPG‐13001 Fields Soccer Turf
Replacement
Park Maintenance Shop
Remodel
This project renovated and remodeled the Parks maintenance shop for safety and efficienciency upgrades.
Parks and Open
Space
Community
ServicesPG‐09003
PE‐12017
Summer
SummerCity Hall First Floor
Renovations
This project installed new elevator control panels and replaced the gray‐painted panels inside the elevators.
Buildings and
Facilities Public Works
Public Works
Public Works
3,974,963
156,254
889,452
421,126
334,607
This project created a temporary main Library to be used while the new one was being constructed.
Buildings and
FacilitiesPE‐11012 Temporary Main Library
The project replaced decking, railings, structural framing members, exterior wood flooring, and cabinetry, restroom reconfiguration, and provided Americans with Disabilities Act (ADA) improvements.
Baylands Nature Interpretive
Center Facility Improvement
Buildings and
FacilitiesPE‐15029 Spring
Summer
Fall
2017
2016
2016
This project improved the children’s playground and included park amenity upgrades such as new playground equipment, a new retaining wall, surfacing and pathway upgrades, planting restoration and irrigation renovations, and replaced of damaged wood benches and the playground perimeter fence.
Parks and Open
Space
Community
ServicesPE‐13008 Bowden Park Improvements
PE‐13020 Byxbee Park Trails This project provided trail and site amenities over the remaining area of the landfill cap.
Parks and Open
Space Public Works
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Year
Completed
Total Project Budget
**CIP # Project Name Project Description Project Type Fund Source Department Public Works
Public Works
CMR Date
This project improved the Utilities Department administrative offices on the third floor of City Hall. It included new carpet, wall reconfiguration, a kitchenette, cabinets, paint, soundproofing, office furniture, doors, and associated building systems.
Buildings and
FacilitiesPE‐17002 City Hall Floor 3 Remodel Construction Construction
Construction
Construction
Spring
Summer
Winter
Spring
2017
2016
2017
2017
2016
2016
2016
2016
2015
$
$
$
$
$
$
$
$
440,000
3,247,248
65,000
Lucie Stern Buildings
PE‐14015 Mechanical and Electrical
Upgrades – Phase 1
This project replaced and upgraded the mechanical, electrical, and fire/life safety systems at Lucie Stern Children’s Theater, Lucie Stern Community Theater, and Lucie Stern Community Center.
Buildings and
Facilities
Sarah Wallis Park
Improvements
This project improved site amenities with new concrete pathways, replaced old furnishings, and upgraded landscape with drought tolerant species.
Parks and Open
Space
Community
ServicesPG‐12004
This project replaced the perimeter fencing and gates surrounding the Palo Alto Airport boundaries to prevent unauthorized access to the airport runway in accordance with Federal and State standards.
AP‐16003 Airport Perimeter Fence Airport
Storm Drain
Gas
Public Works
Public Works
Utilities
2,003,540
7,676,275
149,500
150,000
464,433
Channing Avenue/Lincoln
SD‐11101 Avenue Storm Drain
Improvements
This project installed of 5,800 linear feet of 36‐inch to 60‐inch diameter storm drain along Channing and Lincoln Avenues over three project phases to increase Construction drainage system capacity.
Winter
Summer
Winter
Winter
Gas Distribution System
Model
This project included the development, model installation, testing, documentation, and staff training of a natural gas distribution system model.GS‐14004 AC‐14000
Study
Art Center Auditorium Audio, This project replaced outdated audio visual equipment and furnishings Visual and Furnishings
Buildings and
Facilities
Community
ServicesConstruction
Construction
Construction
following the auditorium’s use as a temporary library.
This project renovated the Rinconada Pool locker room including the changing area, restrooms, and showers in the women's and men's locker rooms.
Buildings and
FacilitiesPF‐15000 Rinconada Pool Locker Room
PE‐13016 El Camino Park Restoration
Public Works
This project installed new athletic fields, synthetic turf, field lighting, fencing, a new restroom, scorekeeper booth and storage buildings, an expanded parking lot, new bike and pedestrian pathways, landscaping, benches, and other amenities.
Parks and Open
Space
Community
Services Fall $ 5,611,122
Notes: ** Final Project Actuals may be different from Total Project Budget amounts Grand Total $ 353,550,656 11 Item 13
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City Council
Staff Report
From: City Manager
Report Type: INFORMATION REPORTS
Lead Department: City Manager
Meeting Date: April 22, 2024
Report #:2404-2879
TITLE
Independent Police Auditor's (IPA) Report of Review of Investigations Between July and December 2023 and Police Department Use of Force Report for July - December 2023
RECOMMENDATION
Staff recommends that the City Council receive this information report including the most recent report from the City’s Independent Police Auditor at OIR Group.
BACKGROUND AND ANALYSIS
Since 2006, Palo Alto has utilized an Independent Police Auditor (IPA) to conduct secondary review of certain investigations of uniformed Police Department personnel and provide related services. Since the inception of the independent police auditing program, the City has contracted with the Office of Independent Review (OIR Group), to provide these services. The following report transmits the Independent Police Auditor Report on Investigations Completed in the second half of 2023. For reference, the prior IPA report was published in September 2023 as an Informational Item1. The Police Department’s website lists all past Independent Police Auditor Reports, here2. Attachment A contains the IPA report for investigations completed between July 2023 and December 2023. Per Council direction, the Police Department also shares use of force information through a report provided alongside each IPA report, included here as Attachment B and covers the same time period. The Police Department’s responses to IPA report recommendations are included here as Attachment C. 1 September 2023 Independent Police Auditor Report:
https://www.cityofpaloalto.org/files/assets/public/v/1/police-department/accountability/ipa-reports/june-2023- independent-police-auditors-report-and-papd-use-of-force-report.pdf 2 Palo Alto Police Department Accountability Webpage:
https://www.cityofpaloalto.org/Departments/Police/Accountability Independent Police Auditor Reports Webpage:
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Process to File a Complaint to the IPA
The public can find more information about filing a complaint through the link here:
https://www.cityofpaloalto.org/Departments/Police/Accountability/Employee-Complaint Complaints may also be directed to the Independent Police Auditor as follows:
Contact:
Mike Gennaco
Phone: (323) 412-0334
Email: [email protected]
Or mail to:
OIR Group
1443 E. Washington Blvd., #234
Pasadena, CA 911
ENVIRONMENTAL REVIEW
The City’s Independent Police Auditor activities are not a project under section 15378(b)(25) of the California Environmental Quality Act Guidelines (administrative activities that will not result in direct or indirect physical changes in the environment).
ATTACHMENTS
Attachment A: Independent Police Auditor's (IPA) Report of Review of Investigations Between July and December 2023
Attachment B: Police Department Use of Force Report for July - December 2023 Attachment C: Police Department Responses to IPA Report APPROVED BY:
Ed Shikada, City Manager
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1 INDEPENDENT POLICE AUDITORS’ REPORT
[Review of Investigations Completed as of November 30, 2023]
Presented to the Honorable City Council
City of Palo Alto
2024
Prepared by: Michael Gennaco and Stephen Connolly
Independent Police Auditors for
the City of Palo Alto
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2 Introduction
This semi-annual report addresses cases that were completed by the Palo Alto Police Department ("PAPD") in the second half of 2023, as reviewed by OIR Group – the City's Independent Police Auditor.1 Consistent with the expanded scope of work developed by the City, the report covers internal investigations into allegations of officer misconduct, certain qualifying use of force incidents, complaints raised internally by employees alleging misconduct by fellow employees, and supervisory evaluations of instances in which PAPD officers pointed a firearm while engaging with a member of the public.
Much of this report is devoted to a lengthy discussion of an excessive force incident that eventually resulted in both administrative and criminal investigations and ultimate charges. It involved the circumstances of a particular arrest and use of force that had criminal, civil, and administrative facets. The incident dated back several years but was slow to work its way through the various judicial and administrative proceedings. The last of its components was only finalized near the end of 2023, when a supervisor – who had retired during the pendency of the Internal Affairs review of his conduct – ended up pleading guilty to a pair of misdemeanors. Meanwhile, the discipline processes for some of the other involved officers had also just reached their resolution.
As we describe, several factors contributed to the protracted nature of the process, including the civil litigation, the criminal investigation and prosecution, and the post-disciplinary arbitration procedures. One of these, unfortunately, was a disappointing delay in PAPD's internal recognition of the incident's severity after the involved sergeant and other on-scene officers failed to report the sergeant’s use of unreasonable force or the contemporary allegations of such made by the detainee. As explained in detail below, even though the involved and witness personnel had a responsibility to report the force and the detainee’s complaint and did not, PAPD’s review protocols that should have identified serious concerns with the underlying arrest also did not do so; it was only after a private surveillance video
1 OIR Group is a team of police practices experts that operates out of southern California and has been involved in the independent oversight of law enforcement for more than 20 years. It is led by Michael Gennaco, who is a former federal prosecutor and a nationally recognized authority in the field of police oversight. www.oirgroup.com
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3 was provided to the City by the detainee’s lawyer that the officers' actions became the focus of a formal Internal Affairs investigation. And even then, the Department held its decision- making on potential administrative charges for months after its internal investigation had been completed.
Between the excessive force at the outset of the incident, the failure of the involved and on- scene officers to fully report the incident and the slowness of the Department's recognition and resolution of it, the case reflected poorly on PAPD – despite the ultimate firmness with which it imposed (or sought to impose) accountability on involved personnel. Our lengthy discussion of the case features recommendations that hopefully will contribute to improved future responses should the Department be faced with a similar circumstance.
The report also includes the discussion of a matter that had become the subject of civil litigation. We review the Department's administrative investigation into different aspects of this arrest, which raised procedural questions and prompted both accountability and changes in agency protocol.
The other misconduct allegation from within this reporting period was not supported by the evidence. At the same time, we found it to be worthy of further, non-disciplinary attention – which PAPD creditably provided. It was a good reminder that these cases are ideally a forum not only for the redress of policy violations but an opportunity for constructive enhancements to future performance.
This report also includes two cases from a new category within our scope. When the City Council re-evaluated the role of the IPA as part of the post-Floyd police reform movement in 2020, it pushed for an expansion in the types of PAPD internal reviews that were to be subject to independent scrutiny. One significant addition was the inclusion of what are commonly referred to as "HR complaints" – allegations of workplace-related misconduct or mistreatment that are generated by employees against other members of an organization.
The prior thinking was that such investigations, while clearly significant, fell outside the realm of matters that the public considered most salient when it came to concerns about police misconduct. The counterargument, though, is these kinds of intra-agency conflicts can provide a meaningful window into leadership, culture, and accountability – all of which have implications for broader operational effectiveness.
Accordingly, these cases are now part of our review mandate. Both completed investigations that we cover here were coordinated through the City's Human Resources management and were handled by an outside investigator to promote the objectivity of the process. Both resulted in findings that relevant policies had not, in fact, been violated. But the inquiries were also an occasion for a constructive consideration of the dynamics underlying the original complaints.
We remain cognizant of the extra responsibility that our expanded scope of work has added to the duties of our liaisons within the agency. We appreciate PAPD’s cooperation and patience in providing us with the materials we need and responding to our inquiries. More Item 14
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4 importantly, we are grateful for the willingness of PAPD management to go beyond the letter of its obligations and engage candidly with us regarding individual cases and larger agency trends.
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5 External Complaint Investigations
Case 1: Allegations of Excessive Force, Failure to Report, and Additional Misconduct
Factual Overview:
On the date of the incident, a PAPD Officer (Officer 1) followed Mr. Gustavo Alvarez2 while he was driving a vehicle. Mr. Alvarez drove to his residence and parked his car in his carport. Officer 1 called out to Mr. Alvarez that he was being detained but Mr. Alvarez did not heed the officer’s instruction and entered his residence. Officer 1 requested assistance and was soon joined by several other officers (Sergeant Wayne Benitez3, Agent Thomas DeStefano4, Officer 2, and Officer 3). Eventually Sergeant Benitez kicked in the front door of the residence, removed Mr. Alvarez, and arrested him.5
PAPD Police Reports
In the police report prepared by Officer 1 on the date of the incident, he describes observing a vehicle that he recognized from a prior contact. According to the report, Officer 1 was aware that Mr. Alvarez had a suspended license, but he was not able to see whether the owner was driving. Officer 1 followed the vehicle, and it soon parked outside a residence that he knew to be Mr. Alvarez’s residence.
The report indicated that Officer 1 saw Mr. Alvarez exit the parked vehicle, at which time the officer called out to him and told him he was being detained. According to the report, Mr.
Alvarez was non-compliant with the officer’s instruction and walked inside of his residence.
Officer 1 then returned to his car and called for assistance.
Agent DeStefano, Officers 2 and 3, and Sergeant Benitez responded. The report indicated that they attempted to convince Mr. Alvarez to come outside, but that these efforts were met by Mr. Alvarez’s “verbal taunts” from the threshold. According to the report, at this point
2 Ordinarily, the IPA does not identify complainants in its reports. However, because the identity of Mr. Alvarez, the victim in this matter, has been widely and publicly disseminated by government entities, including the City of Palo Alto, we have chosen to include his name for purposes of clarity.
3 Ordinarily, the IPA does not identify subject officers in its reports. However, because the identity of former Sergeant Benitez has been widely and publicly disseminated by government entities, including the City of Palo Alto, we have chosen to include his name for purposes of clarity.
4 Ordinarily, the IPA does not identify subject officers in its reports. However, because the City of Palo Alto has publicly identified former Agent DeStefano, we have included his identity for purposes of clarity.
5 As detailed below, all criminal charges lodged against Mr. Alvarez were eventually dismissed.
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6 responding officers approached the residence, Sergeant Benitez kicked the door open, and Mr. Alvarez was taken into custody. The report does not contain any description of the arrest itself. The report indicated that after Mr. Alvarez was taken into custody, an automated inquiry indicated that Mr. Alvarez’s license was indeed suspended.
The police report describes locating drug paraphernalia on Mr. Alvarez’s person and transporting him to PAPD, where Officer 1 conducted a Drug Abuse Recognition examination. The report indicates that, after receiving the Miranda advisement, Mr. Alvarez acknowledged ownership of the drug paraphernalia but refused to consent to a blood test.
Sergeant Benitez’s supplemental report indicates that he responded to aid Officer 1 once Mr. Alvarez had gone into his residence. The report indicates that Sergeant Benitez observed Mr. Alvarez standing in the open doorway of his residence while “acting like a juvenile” and repeatedly calling “come and get me”.
According to Sergeant Benitez’s report, he and Agent DeStefano approached the door and Mr. Alvarez “suddenly stepped back inside and shut the door.” Sergeant Benitez wrote that he tried to open the door and found it locked. Sergeant Benitez reported that he then told Agent DeStefano he was going to kick the door open.
The supplemental report indicated that Sergeant Benitez then kicked the door twice, with the second kick causing the door to open. Sergeant Benitez wrote that once the door was open, he saw Mr. Alvarez in the doorway, and he grabbed him at the front of his shirt and physically pulled him outside. Sergeant Benitez’s report indicated that he and Officer 1 put Mr. Alvarez on the hood of his car where he was handcuffed. Sergeant Benitez’s supplemental report concludes by noting that “no other force was used.”6 Civil Litigation
Mr. Alvarez filed a claim approximately 5 ½ months after the incident. It alleged that officers had unlawfully detained him, used excessive force during his arrest resulting in injury, and prepared false police reports. Approximately 8 ½ months after the incident, the City sent a letter to Mr. Alvarez rejecting his claim. The PAPD criminal investigator was informed that approximately 10 months after the incident, a PAPD command staff member mentioned having reviewed the officers’ in-car video recordings7 but without being able to see any use
6 Officer 3 prepared a supplemental report indicating that he was assigned to take a perimeter position with no involvement in or view of the arrest. Neither Agent DeStefano nor Officer 2 prepared a report setting out their involvement.
7 This incident preceded the Department's adoption of body-worn cameras for patrol officers. The Department's vehicle-mounted cameras had, however, been in use for several years. That "Mobile Audio Video" system is referred to below as "MAV."
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7 of force from that footage. As detailed below, it is unclear whether that review was spurred by the civil litigation.
Approximately 14 months after the incident, the attorney representing Mr. Alvarez provided the City Attorney’s Office with excerpts of a private surveillance video which depicted aspects of the arrest, including an unreported use of force by Sergeant Benitez that aligned with Mr. Alvarez's allegations.
Shortly after PAPD’s review of the video, Sergeant Benitez was placed on administrative leave pending the completion of an Internal Affairs investigation into the incident.
Approximately three weeks after providing the video to PAPD, Mr. Alvarez filed a federal lawsuit against the City. It tracked the allegations set out in his original claim and further alleged that threatening and discriminatory remarks were made toward him.
Several weeks later, the attorney provided to the media the excerpts from the home surveillance video that he had provided to PAPD. This generated significant local coverage and ensuing civic concern.
Twenty-one months after the incident, the City settled the law suit. The settlement required a payment of $572,500 to Mr. Alvarez and his attorneys, a public apology from Sergeant Benitez, and sworn police officer training on dealing with the LGBTQ community.
Home Surveillance Footage
As noted above, Mr. Alvarez’s attorney had provided five segments of video and audio captured from a surveillance camera outside the residence. At the time of the initial segment, Mr. Alvarez’s vehicle is already parked in the carport adjacent to the residence and is occupied only by an unidentified male8 seated in its front passenger seat. Officer 1 is depicted standing on the driver’s side of the vehicle, while Mr. Alvarez is partially depicted standing in the front doorway area of his residence. Mr. Alvarez can be heard repeatedly asking Officer 1 about whether he knew for sure it was him driving. The footage records Officer 1 repeatedly telling Mr. Alvarez that he is “detained” and directing him to come to Officer 1’s patrol vehicle. After inquiring whether the officer has a warrant, Mr. Alvarez can be heard shutting the door of his residence as he says, “You cannot come into my house.” The segment ends with Officer 1 returning to his nearby patrol vehicle.
The second segment begins with Sergeant Benitez, Officer 1 and Agent DeStefano approaching the front door of the residence. By this time, the vehicle is now unoccupied.
Officer 2 can be seen standing between the front of the residence and the passenger side of Mr. Alvarez’s parked vehicle. As Sergeant Benitez reaches the area of the front door, he can be heard saying, “We’re here now. Come on out,” as he knocks on the door. Agent
8 This individual was not identified by PAPD during the initial encounter or subsequent investigations.
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8 DeStefano states, “Come on out. Or we’re going to kick the door in.” Mr. Alvarez replies from within, “Do you have a warrant?” Agent DeStefano responds: “We don’t need one.” Sergeant Benitez then asks, “Wanna boot the door?” Agent DeStefano responds in the affirmative and tells Mr. Alvarez to “Get the fuck out.” Sergeant Benitez is then observed kicking the door twice. After the first foot strikes the door but before the second strike, Mr.
Alvarez is heard saying, “I’m coming out.” As this is occurring, Agent DeStefano draws his handgun to a low-ready position and Officer 1 is seen removing and readying a pair of handcuffs. Agent DeStefano then points his gun in the direction of the doorway of the residence from which Mr. Alvarez emerges.
Sergeant Benitez is then seen stepping forward toward the doorway, and out of the camera’s field of view. Agent DeStefano holsters his handgun and steps forward. Sergeant Benitez and Agent DeStefano are observed pulling Mr. Alvarez out of the doorway by his arms or clothing and placing him chest down on the hood of his vehicle. Sergeant Benitez is positioned on the left side of Mr. Alvarez’s body, Agent DeStefano is positioned on the right side of his body, and Officer 1 is behind Agent DeStefano’s right shoulder, leaning over the hood from the front bumper area. As Mr. Alvarez is being pulled out toward the vehicle, Officer 2 steps toward the door in an apparent effort to address another person in the doorway. He remains in this position with his back to Mr. Alvarez throughout the ensuing arrest.
As he is being pulled out, Mr. Alvarez can be heard saying “pendejo” which is Spanish for “asshole.” Sergeant Benitez replies, “You think you are a tough guy now?” As he says this, Sergeant Benitez’s right arm abruptly moves toward Mr. Alvarez’s lower back or waistline.
Because the arm is completely obscured by Agent DeStefano’s body, it is unclear whether the sergeant’s hand is open or closed and whether or how it makes contact with Mr.
Alvarez. As Mr. Alvarez remains chest down over the hood of the car, Sergeant Benitez and Agent DeStefano are seen trying to gain control of Mr. Alvarez’s hands behind his back, while Officer 1 is observed attempting to apply handcuffs to Mr. Alvarez.
Sergeant Benitez then uses what appears to be his open right hand to strike the back of Mr.
Alvarez’s head and presses his head down against the hood. As he does so, Sergeant Benitez tells Mr. Alvarez to shut up. Mr. Alvarez responds by saying, “He just hit me.” Officer 1 successfully applies the second cuff to Mr. Alvarez’s wrist. During the arrest, Officer 2 can be heard saying twice to those inside the residence, “leave the door shut,” which is followed by the sound of a door closing. Sergeant Benitez again says to Mr.
Alvarez, “You think you’re a tough guy, huh?”
Once the handcuffs have been applied to Mr. Alvarez, Officer 1 is seen disengaging from Mr. Alvarez and walking towards his patrol vehicle. At the same time, Agent DeStefano is depicted disengaging from Mr. Alvarez, stepping back, and transmitting via his radio that Mr.
Alvarez had been arrested, while Officer 1 is walking away. Sergeant Benitez is observed putting his right hand into the center of Mr. Alvarez’s back and Mr. Alvarez is heard telling the sergeant to stop pushing him.
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9 Sergeant Benitez is then observed grabbing the back of Mr. Alvarez’s jacket with both of his hands in an apparent effort to stand him up. Almost immediately, Sergeant Benitez is seen pushing Mr. Alvarez chest down onto the area of the hood that abuts the passenger side of the front windshield. As he does so, Sergeant Benitez can be heard to say, “You think you are a tough guy? Huh?” It appears as if Mr. Alvarez’s chest makes contact with the hood of the vehicle while his face appears to make contact with the windshield. Once the sergeant stands up Mr. Alvarez again and begins escorting him along the passenger side of the vehicle, Mr. Alvarez can be heard to say, “I’m bleeding.” Sergeant Benitez can be heard to say, “You’re going to be bleeding a whole lot more.”
A third segment of the surveillance footage shows what appears to be Mr. Alvarez’s father exiting the residence and asking in Spanish for the officers to look at his broken door.
Officer 2 replies, “That’s so sad,” and instructs the father to go back inside.
A fourth segment of the surveillance footage shows another sergeant who has come on scene (Sergeant 2), and Agent DeStefano asking the remaining residents for the keys to Mr.
Alvarez’s vehicle for purposes of towing it away. After Sergeant 2 backs Mr. Alvarez’s vehicle out of the carport, Sergeant Benitez enters the carport and asks Mr. Alvarez’s father if he speaks English. Sergeant Benitez asks another man if he speaks English and when he says he does, he explains to the father that Mr. Alvarez was arrested for driving with a suspended license and that Mr. Alvarez was required to open the door when asked to do so by police. Sergeant Benitez tells Mr. Alvarez that the officers were lawfully entitled to force entry when Mr. Alvarez refused to come out and said that the father was lucky that he was not also arrested. The father asked if a warrant was required, and Sergeant Benitez tells him no.
A fifth segment of the surveillance footage is from the next day and shows an Acting Lieutenant and a Spanish-speaking officer talking with a man at the front door of Mr.
Alvarez’s residence. It appears as though the purpose of the visit was to provide the residents with information about how to file a claim with the City relating to the damage to the front door as a result of the officers’ forced entry. Again, the two PAPD employees advise the residents that they had the right to force entry into the residence.
Other Recordings: Post Arrest Interactions Between Mr. Alvarez and PAPD In a MAV recording from Officer 1's vehicle, Mr. Alvarez tells Officer 1 after arriving at the station that he did not come out of his home when directed to do so because the police did not have a warrant. Later, during the trip to the jail, Mr. Alvarez tells Officer 1 of the presence of cameras at his residence.
A camera also captured video and audio footage in the police station. A review of that footage depicts Mr. Alvarez and Officer 1 when at some point Mr. Alvarez tells Officer 1 that his teeth hurt. Mr. Alvarez further tells Officer 1 that an officer hit him in the tooth today.
Officer 1 does not probe further but tells Mr. Alvarez that they are going to get him checked out.
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10 Later in the sequence, Officer 2 arrives in the area and Mr. Alvarez tells him that he is not hurt “right now” but that somebody had hit his face and that his chin hurt. When the officer suggests that he was hurt as a result of being placed on the hood of his car, Mr. Alvarez repeats that “somebody hit me in the face.” Officer 2 asks Mr. Alvarez if he wanted a medic to see him prior to going to jail, but Mr. Alvarez says he is “good”.
Sometime later, Officer 2 asks Mr. Alvarez if he was in a fight earlier. Mr. Alvarez says he was not and asks why the officer is asking. Officer 2 refers to the disheveled appearance of Mr. Alvarez’s clothing and Mr. Alvarez replies, “That was you guys”.
Finally, although Sergeant Benitez’s car was not positioned in a way to recover any video of evidentiary value, his wireless microphone did capture audio that tracks the surveillance camera discourse described above. In addition, the audio captures Sergeant Benitez having an interaction with Mr. Alvarez after he is being searched and placed in the back of Officer 1’s vehicle. During that discussion, Sergeant Benitez suggests that Mr. Alvarez apologize to the officers for his behavior, which he ends up doing.
Sergeant Benitez’s recording equipment also captures subsequent comments made by him on scene. At one point, Sergeant Benitez is heard remarking as follows:
See how much they behave when we put our foot down. How quickly they behave when we put our foot down and that’s what we don’t do enough of. There’s a time.
Ya. This car is definitely going. We’re going full court. And if dad comes out, he’s getting his ass going to jail too. Amazing how well behaved they become.
When one of the occupants of the residence approaches Sergeant Benitez and says something inaudible, Sergeant Benitez says, “If you want to talk to us, you speak English or bring somebody that speaks English.” When the tow truck driver arrives, Sergeant Benitez mentions to the driver that Mr. Alvarez was “gay”. The Sergeant Benitez tells the driver:
“We’re not gonna get shit on out here by these frickin’ low lifes that are, you know, defying us, running from us.” Later he tells the driver: “We’re not backing down. We’re not going away and getting a warrant and [coming back] another time.” PAPD Administrative Investigation:
The emergence of the private surveillance video fourteen months after the original incident prompted the Department to consider the necessity of additional investigations considering the criminal and administrative accountability issues it presented.9 The first of these to
9 In addition to the criminal and internal affairs investigations, the FBI informed PAPD that it had also opened a criminal investigation into the incident and issued a subpoena to the City for records.
However, no apparent active investigation was conducted by the FBI and five years after the incident, it advised PAPD that the five-year federal statute of limitations had run and accordingly, it would take no further action. PAPD requested that the FBI provide that closure determination in writing, but the Bureau declined to do so.
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11 begin was an Internal Affairs investigation, which PAPD initiated soon after the surveillance video was provided. The following is a synopsis of that investigation and the evidence that it produced:
Mobile Activated Video Audit Logs
One of the investigators assigned to the internal investigation reported that he reviewed the Mobile Activated Video (“MAV”) audit logs for officers involved in the incident. These logs showed that, the day after the incident, Officer 2’s MAV was accessed by the Acting Lieutenant who had arrived at the scene after Mr. Alvarez had been taken into custody.10 Officer 1 Interview Statements
In his administrative interview, Officer 1 stated that he did not recall Sergeant Benitez using force on Mr. Alvarez because the incident had occurred eighteen months prior11; he also asserted that he was focused on Mr. Alvarez’s hand and placing handcuffs on him. When shown the video during his interview, Officer 1 said that it did not appear that the handcuffed man was resisting when Sergeant Benitez pushed him into the windshield, and that the force appeared to be unreasonable. Officer 1 further stated that he did not hear Mr.
Alvarez’s remarks about him being hit and bleeding or Sergeant Benitez calling him a tough guy and suggesting that he would bleed a lot more. Officer 1 said that after hearing the sergeant’s statements, he believed they were unnecessary, inappropriate, and discourteous.
Officer 1 further said he did not recall Mr. Alvarez telling him that he had been struck by an officer or that he was injured. When shown the footage of him doing so, Officer 1 said he had no independent recollection of Mr. Alvarez’s statements to him. Officer 1 stated that he should have, per PAPD policy, included in his report the fact that Mr. Alvarez was offered medical treatment and declined the offer.
Agent DeStefano Interview Statements
In his administrative interview, Agent DeStefano stated that he responded to the incident, and he recalled that after Mr. Alvarez was grabbed by Sergeant Benitez, he recalled Mr.
Alvarez “actively resisting” efforts to get his hands behind his back to be handcuffed. Agent DeStefano said that he recalled Mr. Alvarez “trying to pull away” and “throwing his weight around.” Agent DeStefano said he did not see Sergeant Benitez deliver any blows to Mr.
Alvarez. Agent DeStefano said he did not hear any of the officers say anything to Mr.
Alvarez other than Sergeant Benitez saying: “You think you’re a tough guy now?” at some
10 Although this significant fact was cited in the investigative report, it would have been helpful if the investigator had also included information about the logs of Officer 2 and the other involved officers.
11 As with the other subject officers, fourteen months of that delay was due to PAPD not learning about the surveillance video, and two months was due to Officer 1’s attorney not being available for the interview.
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12 point. Agent DeStefano described Sergeant Benitez as “agitated” and “going off” but said he couldn’t recall any additional remarks by the sergeant.
After being shown the video, Agent DeStefano said that because he could not determine whether Mr. Alvarez was resisting Sergeant Benitez nor the exact blows or strikes delivered by the sergeant, he could not offer an opinion about whether the force was reasonable.
Agent DeStefano did concede that a use of force report should have been prepared.
Agent DeStefano said that the sergeant’s statement that Mr. Alvarez would be "bleeding a lot more" violated policy because it was discourteous and unprofessional.
Agent DeStefano said that he recalled sending a message to another officer who had not traveled to the scene that “the fuse was lit”. Agent DeStefano said that his reference was to Sergeant Benitez’s “tough guy” remark and agitation with Mr. Alvarez’s behavior.
Officer 2 Interview Statements
In his administrative interview, Officer 2 stated that he had his back to the other officers because he was dealing with the other residents and telling them to go back inside when the other officers were bringing Mr. Alvarez into custody. Officer 2 further stated that he did not hear any of the verbal interaction between Mr. Alvarez and Sergeant Benitez during the arrest.
When shown the video, Officer 2 described the strikes and push by Sergeant Benitez to Mr.
Alvarez as “not something [he] would do” and stated that they “did not look appropriate.” Officer 2 said that the push into the windshield appeared to be motivated by “anger” as opposed to any resistance. Officer 2 said the statements by Sergeant Benitez to Mr.
Alvarez were inappropriate, unprofessional, and disrespectful.
Acting Lieutenant Interview Statements
In her administrative interview, the acting lieutenant said that she responded to the incident after she heard “a door was kicked.” She further stated that when she arrived, Mr. Alvarez had already been placed in a police car. The acting lieutenant said that she thought she walked over to look at Mr. Alvarez but was not sure if she spoke to him at the scene. The acting lieutenant said she may have talked to Mr. Alvarez, but that he was not cooperative.12 Although Sergeant Benitez’ MAV recordings pick up him advising the acting lieutenant of the incident including the comment, “they’re all behaving now,” advising her that “Dad was pretty much of an a-hole too” and telling one of the residents, “You want to talk to us speak English or bring somebody who speaks English,” she indicated in her interview that she had no recollection of those comments being made.
12 The MAV recordings showed that the Acting Lieutenant remained on scene for approximately eight minutes.
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13 According to the acting lieutenant, she called her supervisor about the incident. The supervisor instructed her to contact the residents and inform them of how to file a claim regarding the door. The acting lieutenant said that she then advised the on-scene sergeants of this direction. However, instead of complying, the sergeants took the occasion to chastise the residents for Mr. Alvarez running from the police. The acting lieutenant produced a text to her supervisor about this discussion:
Much to the irritation of [Sergeant Benitez], the damaged door jam folks now have a card and a case number to contact the City Attorney if they choose. It was not mentioned originally as I previously thought, a chastising about running from the police was given instead.
The Acting Lieutenant said in her interview that had returned to the residence herself and advised the occupants about how to file a claim for the damaged door. She believed she had learned about the “chastising” from her review of Officer 2’s MAV but was not positive.
The Acting Lieutenant said that approximately a month after the incident, she attended a meeting with peers and a third level supervisor. The Acting Lieutenant said she brought up this incident at the meeting including the irritation that seemed to be emanating from Sergeant Benitez. The Acting Lieutenant said that she had also seen several videos of Sergeant Benitez’ MAV recordings of other traffic stops where he was “verbally rough”.
While according to the Acting Lieutenant, the stops did not show violations of policy, she was concerned that Sergeant Benitez’s conduct should be addressed as an “early intervention”. According to the Acting Lieutenant, she was advised by her supervisor that she should just “leave it alone”, that it wouldn’t be addressed, and not to watch MAV’s anymore.13
***
The tow truck driver was also interviewed but stated that he had no recollection of any statements that Sergeant Benitez made to him.
Sergeant Benitez was initially scheduled for an interview, but he indicated that he was not going to participate in the investigation.14
Within eight months of the commencement of the Internal Affairs investigation, all investigative work had been completed. However, over two years passed between the
13 We have been advised that the new direction to supervisors that they stop reviewing MAV recordings as a routine part of supervisory responsibilities emanated from the highest levels of PAPD’s administration.
14 As noted above, Sergeant Benitez was placed on administrative leave after the surveillance video of the incident was presented to PAPD. He also declined to provide a statement to the criminal investigator. Sergeant Benitez resigned from the Department approximately 19 months after the incident.
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14 initiation of the case and the completion of the investigative report, finalization of the executive review process, and filing of administrative charges against the involved officers.
It had been over three years since the incident.
Two of the officers who were charged with administrative violations appealed their discipline to an arbitrator. It took another 2 ½ years before the arbitrators issued their findings and the proceedings were completed.
Criminal Investigation
We have been advised that after PAPD reviewed the surveillance video, it discussed the matter with representatives of the District Attorney who initially indicated no interest in PAPD's pursuing of a criminal investigation. After Mr. Alvarez's attorney released the video and it was publicized in the media, the District Attorney apparently revisited the issue and requested that a criminal investigation occur.
As a result of this request, but some 18 ½ months after the incident, PAPD opened a criminal investigation into the incident and then forwarded the completed report to the District Attorney for review. Most of the on-scene officers (Sergeant Benitez, Agent DeStefano, Officers 1 or 2) declined to provide statements for the criminal investigation. As detailed below, after PAPD's review was submitted, a DA investigator conducted additional investigation.
In addition to the information provided to internal affairs investigators, the Acting Lieutenant15 who arrived after Mr. Alvarez had been detained was interviewed by the PAPD criminal investigator and she said that she was at the station when she heard the officers’ radio traffic. The Acting Lieutenant said that she didn’t feel the information she heard over the radio matched up, so she drove to the scene. When she arrived, she was advised about the event by Sergeant Benitez. The Acting Lieutenant said that Mr. Alvarez had a “little thing” above his eye but that Sergeant Benitez said that it was an old mark. The Acting Lieutenant said she did not photograph Mr. Alvarez on the night of the incident.
The Acting Lieutenant described asking Mr. Alvarez if he would like assistance with anything, but that Mr. Alvarez did not wish to engage. The Acting Lieutenant described being specifically told by Sergeant Benitez that there was no use of force. The Acting Lieutenant then called a supervisor to report the incident.
Agent DeStefano had approved Sergeant Benitez’s supplemental report even though he was of subordinate rank to him. Asked about this, the Acting Lieutenant said that it was not
15 The Acting Lieutenant is no longer employed by PAPD.
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15 “good” if a person of lower rank “approves” a report written by a sergeant but that she has seen that happen.16
The Acting Lieutenant also said that she met a woman sometime in the first half of year 2019 who came to the police department and wanted to talk to the Chief. The woman wanted to complain about how the police were treating people in the neighborhood. The Acting Lieutenant said that the woman was accompanied by a friend that she later realized was Mr. Alvarez. The Acting Lieutenant said that as the conversation was ending, Mr.
Alvarez said he even had some video.
The PAPD criminal investigator also obtained PAPD car to car messages from the incident date. Included in those messages was one from Agent DeStefano to Agent 3 (who did not respond to the scene of the incident). The following messages occurred approximately three hours after Mr. Alvarez’s arrest:
Agent DeStefano: You missed out – the fuse was lit tonight.
Agent 3: That’s my favorite thing ever… I saw it go off before when I was brand new and I was like this is what its like in Los Angeles.
Agent DeStefano: Yup… it happened tonight.
The PAPD criminal investigator also reviewed a MAV recording from Sergeant 2’s vehicle.
It captures a conversation between Sergeant 2 and Agent DeStefano in which Agent DeStefano says that Mr. Alvarez “pissed off the wrong sergeant”.
The PAPD criminal investigator reviewed a MAV recording between Officer 2 and Mr.
Alvarez. During that recording, Officer 2 asks Mr. Alvarez if he needs a medic and Mr.
Alvarez replies that he does not. Mr. Alvarez is also heard to say: “Somebody hit my face, that shit hurts”, “Ya, somebody hit me in the face”, and “The camera can probably prove that.”
The PAPD criminal investigator recommended forwarding his report to the District Attorney for consideration of the following charges: Peace Office Filing a False Report, Assault Under Color of Authority, Battery.
An investigator from the District Attorney’s Office conducted further investigation regarding the incident after receiving the materials from PAPD. As part of that investigation, the investigator reviewed the MAV of Sergeant Benitez. In addition to the statements identified by the Internal Affairs investigator and discussed above, the investigator reported that after Sergeant Benitez stated “You’re gonna be bleeding a whole lot more,” he had added, “What’s wrong? You’re not so tough now?”
16 To its credit, PAPD revised its protocols to prevent this from happening on a going forward basis.
We discuss this change below.
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16 The DA investigator further noted the following statements by Sergeant Benitez and captured by his MAV: “So we’re going to tow the car too. It was used in the commission of the crime. No leniency here.”
In addition to the statements referenced by the PAPD investigators, the DA investigator noted the following statement from Sergeant Benitez: “We put our foot down and they’re all behaving themselves now.”
In addition to the statement referenced by the PAPD investigators, the DA investigator noted the following statement from Sergeant Benitez to the tow truck driver: “I think they’re trying to get the keys from the guy… this guy…. Flaming assholes in this family.” In referencing the comment made by Sergeant Benitez to the tow truck driver about Mr.
Alvarez being gay, the DA investigator noted that the comment is followed by laughter.
In reviewing Officer 2’s MAV recording, the DA investigator noted the following dialogue between Officer 3 and Officer 2:
Officer 2: Hi, How are ya?
Officer 3: Good.
Officer 2: Something finally happened.
Officer 3: I know we can actually do something for once. Changing of the guard around here.
Officer 2: Only because we have a new Chief. So we can actually be cops again.
Officer 3: (Laughing) I know.
The DA investigator noted that later, when Officer 3 began to conduct an inventory search of the car prior to it being towed, Officer 3 is heard to state:
Let’s see what kind of disgusting stuff he had in here.17 In reviewing Agent DeStefano’s MAV recording, the DA investigator noted that Agent DeStefano is laughing when recounting the incident to Sergeant 2. The sergeant is then heard to say: “The fuse was already lit earlier today, dude”.
In reviewing Sergeant 2’s MAV recording, the DA investigator noted that Sergeant 2 asks Mr. Alvarez’s family for the key to the vehicle. The DA investigator indicated that the recording picks up the following exchange that appears to be between Sergeant 2 and Agent DeStefano (who is laughing).
17 This comment, even though not communicated to a member of the public, is entirely inappropriate for Officer 3 to have made. If PAPD has not addressed the impropriety of this comment with Officer 3, it should certainly do so.
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17 Wrong person to say that to. You know [Sergeant Benitez] was going to fucking tow that shit. Lucky he didn’t get [put to sleep].
The DA investigator noted that it was unclear who is saying what, as only Sergeant 2’s microphone is unmuted.
The DA investigator reviewed the recordings from the camera at the PAPD police station.
He noted that Officer 1 asked Officer 2: “Do we need to get him checked for all the scratches?” Officer 2 replies: “Is that from us or something else?” The DA investigator notes that later Officers 1 and 2 have the following exchange:
Officer 1: I don’t want to get turned around from jail.
Officer 2: Why?
Officer 1: Because of the scratches.
Officer 2: Pull his shirt up… He doesn’t know about it.
Officer 1: My question is should I just go straight to Stanford? Officer 2: This isn’t an injury that requires going… Just a scratch.18 The DA investigator further noted that the recording from the PAPD station camera showed Mr. Alvarez continuing to touch the right side of his face while he was being processed. The investigator wrote that at one point, Mr. Alvarez puts his finger into the right side of his mouth and looked at the finger.
The DA investigator noted that the PAPD station camera captures this exchange between Mr. Alvarez and Sergeant Benitez:
Man: I’m taking this to trial. I’m not scared of you guys.
Sergeant Benitez: Well, you should be afraid of the police.
Man: I am. I’m not afraid to go to court.
The DA investigator’s report further indicated that Officer 1’s MAV video featured Agent DeStefano in the PAPD parking lot. According to the DA investigator’s report, Agent DeStefano sees Agent 2 and walks toward him, smiling. The report indicates that Agent DeStefano can be heard saying: “Don’t light the fuse” and “The fuse got lit” as he walks past Officer 1 and towards Agent 219. The report further indicated that Officer 3 joins in the
18 The reference to getting turned around from jail is apparently a concern that the jail would not accept an injured individual until he receives medical attention and is cleared to be booked. The reference to Stanford is the local hospital where injured arrestees are routinely sent for examination and treatment.
19 Agent 2 is no longer employed by PAPD.
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18 conversation. According to the report, Agent DeStefano can then be seen “acting out” the incident. The report indicates that Agent DeStefano appears to grab, then slam his hand down on a patrol vehicle with enough force for the hit to be picked up on Officer 1’s microphone and then slaps his hand down a second time.
The DA investigator reviewed the above-reported message exchange between Agent DeStefano and Agent 3 (who did not respond to the location). In addition to that reported by the PAPD criminal investigator, the DA investigator noted the following exchange:
Agent 3: Amazing, I love it… that’s a 100% real cop’s cop right there. We got to 8720 later. I want to hear it and to tell you what I saw before. Allegedly.
Agent DeStefano: Let me know.
As part of the investigation, the criminal investigator received materials from the attorney representing Mr. Alvarez in the civil litigation. One document noted as received was a letter from Sergeant Benitez to Mr. Alvarez, dated approximately 21 months after the incident.
The letter states:
I am sorry for my actions during the arrest of Mr. Alvarez. Regrettably, I lost my composure and hope the settlement allows Mr. Alvarez to move forward with his life.
Sincerely, [Sergeant Benitez]21
Twenty-seven months after the date of the incident, the District Attorney’s Office announced that it would not be filing any criminal charges in the case due to a lack of evidence.
However, one week later, the DA’s Office announced that it would be reconsidering the matter in light of a newly discovered and liberal statute of limitations. Four months after that announcement, the DA’s Office reported that it had filed criminal charges against Sergeant Benitez. He was charged with two misdemeanors: assault under color of authority and falsifying a police report.
Fourteen months after the charges were filed, the now-former Sergeant Benitez pleaded guilty to those charges. As part of the plea agreement, former Sergeant Benitez was placed on one year probation and required to attend both anger management classes and LGBTQ sensitivity training.
PAPD Administrative Review: Investigator's Findings and Conclusions Thirty-eight and a half months after the incident, the lead Internal Affairs investigator authored a memorandum setting out the findings for the case.
20 87 is a radio code indicating to meet up.
21 As set out above, the apology letter was apparently written to fulfill a requirement of the settlement agreement in the civil litigation.
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19 Sergeant Benitez
The internal investigator reviewed the evidence and found that after Mr. Alvarez had been handcuffed, Sergeant Benitez forcefully grabbed Mr. Alvarez by his jacket to stand him up and began to walk him back toward the patrol vehicles. The investigator found that Sergeant Benitez then abruptly and forcefully pushed Mr. Alvarez’s upper body into the hood and windshield area of the vehicle. The investigator noted that as he did so, Sergeant Benitez said, “You think you’re a tough guy, huh?”
The investigator concluded that at the time this occurred, Mr. Alvarez was no longer resisting (if he ever was) and was not an imminent threat to the officer or others. The investigator reasoned that the statement by Sergeant Benitez supported the idea that the sergeant was acting out of frustration or anger and not using a technique designed to gain control in response to resistance. The investigator noted that Sergeant Benitez’s statement that Mr. Alvarez was going to “bleed a whole lot more” belied any argument that the sergeant was dispassionately using force to overcome any resistance. The investigator concluded that Sergeant Benitez’s force was unreasonable and unwarranted.
The investigator further found that Sergeant Benitez failed to document his use of force in his police report, as required by policy. The investigator noted that Mr. Alvarez told Sergeant Benitez he had been injured, but the sergeant failed to include this fact in his report. As a result, the investigator found that Sergeant Benitez authored a report he knew to be misleading. The investigator further found that Sergeant Benitez failed to notify a ranking supervisor who arrived on scene later of his use of force, also contrary to PAPD policy.
The investigator noted that while handcuffing Mr. Alvarez, Sergeant Benitez told him to “shut up” and that once he was handcuffed, Sergeant Benitez taunted him by calling him a “tough guy.” The investigator further observed that when Mr. Alvarez said he was bleeding, Sergeant Benitez replied by stating that he would “be bleeding a whole lot more.” The investigator found that the statements were not made for any legitimate purpose and found the comment about “bleeding a whole lot more” to be tantamount to a threat. The investigator found that Sergeant Benitez’s comments were discourteous and disrespectful in violation of PAPD policy.
Additionally, the investigator found that Sergeant Benitez commented negatively about the people residing in the area when speaking to the tow truck driver. The investigator found that the remark was innately derogatory and supported a finding that Sergeant Benitez used derogatory language in contravention of policy.
The investigator concluded that the following policy violations should be sustained as to former Sergeant Benitez:
• False or misleading report
• Unreasonable force
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20 • Discourteous treatment of the public
• Derogatory language
• Failure to report force.
Officer 1
The investigator found that there was insufficient evidence to prove that Officer 1 saw or heard the force and statements by Sergeant Benitez. However, the investigator noted that Mr. Alvarez after the incident repeatedly advised Officer 1 that he had been struck by an officer and that his tooth hurt. The investigator pointed out that PAPD policy requires supervisor notification when an individual alleges being struck, and that Officer 1 had not done this.
The investigator noted that while Officer 1 offered Mr. Alvarez medical treatment (which Mr.
Alvarez declined), Officer 1 failed to document Mr. Alvarez’s complaint of pain or injury and his subsequent refusal of treatment. The investigator noted that Officer 1 conceded that his failure to include this information in his report to be a violation of policy.
The investigator found that the following policy violations should be sustained:
• Failure to report a use of force
• Failure to document an offer of medical treatment and refusal.
The investigator found that the following potential policy violations should not be sustained:
• Failure to intercede or timely report
• False reporting.
Agent DeStefano
The investigator found that Agent DeStefano was in the immediate vicinity of the use of force. The investigator noted that after Mr. Alvarez had been placed in handcuffs, Agent DeStefano observed that Sergeant Benitez had pushed Mr. Alvarez back down onto the vehicle. The investigator noted that Agent DeStefano concluded that Sergeant Benitez had done this to overcome further resistance from Mr. Alvarez. The investigator noted that Sergeant Benitez’s report did not mention any use of force. The investigator concluded that even if Agent DeStefano did not recognize the force as unreasonable, he had witnessed it.
He then reviewed and approved Sergeant Benitez’s report, which failed to properly document this force. As a result, the investigator concluded that Agent DeStefano knowingly approved a report that was inaccurate and unacceptable.22
22 The fact that a subordinate officer “approved” a report written by a supervisor was not expressly addressed in the investigation. This was because unfortunately, it was allowed at the time per policy and practice. As discussed in more detail below, a policy change prohibited the future continuation of that practice.
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21 The investigator noted that as Sergeant Benitez’s was kicking the door open, Agent DeStefano drew his weapon, which appeared at one point to be pointed at Mr. Alvarez. The investigator further noted that Agent DeStefano assisted Sergeant Benitez in controlling Mr.
Alvarez on the hood. The investigator concluded that contrary to PAPD policy, Agent DeStefano failed to document pointing his firearm at a person as well as the force he employed to handcuff Mr. Alvarez.
The investigator found that the following policy violations should be sustained:
• Failure to document a use of force
• Failure to document a pointing of firearm
• Inadequate supervisory report review.
The investigator found that the following potential policy violation should not be sustained:
• Failure to intercede or timely report.
Officer 2
The investigator found that there was insufficient evidence to establish that Officer 2 saw Sergeant Benitez’s excessive force as he had his back toward the incident when the force occurred. However, the investigator found that Mr. Alvarez had told Officer 2 that he had been struck by an officer and that his tooth hurt. As a result, the investigator concluded that Officer 2 violated PAPD policy when he failed to makes the required supervisory notification in response to an allegation of being struck by an officer.
The investigator also found that Officer 2 offered medical attention to Mr. Alvarez but failed to prepare a report documenting the complaint of pain and his officer of treatment. The investigator noted that Officer 2 conceded that his failure to include this information in a report was a violation of policy.
The investigator found that the following policy violations should be sustained:
• Failure to report a use of force
• Failure to document an offer of medical treatment and refusal.
The investigator found that the following potential policy violations should be unfounded:
• Failure to intercede or timely report.
Executive Review of Completed Investigation
Thirty-nine months after the incident, the command staff member assigned to conduct the first level review of the matter noted that the failure of the incident to be discovered by the Department in a timely fashion eroded the community’s trust in the Police Department and precluded PAPD from addressing it in a manner more contemporaneous to the event’s occurrence.
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22 The initial reviewer disagreed with the investigator’s conclusion relating to Agent DeStefano and found that the officer did fail to promptly report an unreasonable use of force by Sergeant Benitez. The reviewer concurred with the finding Agent DeStefano more likely than not observed Sergeant Benitez abruptly and forcefully push Mr. Alvarez chest-down onto the windshield/hood area of his vehicle. The reviewer found that once Mr. Alvarez was lifted off the hood of the vehicle by Sergeant Benitez and standing upright, the video shows Agent DeStefano’s head in direct line of sight of what was occurring. The reviewer also found that as Sergeant Benitez began his motion to slam Mr. Alvarez on the windshield/hood of the car, he told Mr. Alvarez “You think you’re a tough guy?” and that Agent DeStefano’s head was fixed toward Sergeant Benitez and Mr. Alvarez.
From there, the reviewer differed from the investigator in an important respect: namely, whether there was clear evidence that, at the time Sergeant Benitez used this force, Agent DeStefano recognized that Mr. Alvarez was no longer resisting and did not appear to pose an imminent threat. To the reviewer, it was more likely than not that Agent DeStefano recognized the force as not only having occurred, but also to have been unreasonable.
The reviewer further found that Agent DeStefano later reviewed and approved Sergeant Benitez’s falsified police report that failed to document this force, knowing that the report was false and inaccurate.
The reviewer found that another factor supporting this finding was Agent DeStefano’s failure to document any of his actions and observations at the scene; including the force he himself used to take Mr. Alvarez into custody. The reviewer concluded that this failure by Agent DeStefano was to minimize his role in what occurred in the carport area. The reviewer also found important Agent DeStefano’s subsequent “re-enactment” of Sergeant Benitez’s actions as further evidence that he observed the sergeant’s excessive force.
The reviewer also found that Agent DeStefano had ample opportunity to report the force to an acting lieutenant and another sergeant who both arrived on scene within minutes of the incident. The reviewer noted that subsequent video shows Agent DeStefano in the immediate presence of the acting lieutenant and having multiple conversations with the other sergeant, but that he declined to report his use of force or Sergeant Benitez’s use of force to them.
The reviewer found that Agent DeStefano’s statements, actions, and demeanor throughout this incident revealed a clear lack of professionalism that reflected unfavorably upon the Department. The reviewer found that the investigation, including information about Agent DeStefano's subsequent descriptions to colleagues, provided insight into what Agent DeStefano thought about this incident: that what happened to Mr. Alvarez was amusing and provided an entertainment opportunity to be shared with others. The reviewer noted that Agent DeStefano laughed at the scene while telling another supervisor about what happened to Mr. Alvarez, commenting that Mr. Alvarez had “pissed off the wrong sergeant,” sending a message to another officer that he “missed out” because “the fuse was lit tonight” Item 14
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23 and then “acting out” the incident on the hood of a patrol car after saying, “Don’t light the fuse.”
The reviewer noted that even though Sergeant Benitez was no longer employed by Palo Alto as a sworn police officer, the Department chose to proactively complete the analysis and findings portion of the allegations against him. Consequently, the reviewer did a full assessment. This included a finding that the sergeant had failed to exercise self-control during the incident and noted that his actions resulted in criminal charges.23 The reviewer found that, in addition to his criminal behavior, Sergeant Benitez’s statements, demeanor, and attitude failed to uphold Department expectations and standards, especially as a senior sergeant. The reviewer cited Sergeant Benitez’s referring to the residents of the area as “frickin’ low lifes”, taunting Mr. Alvarez by calling him a “tough guy”, telling Mr. Alvarez to “shut up”, threatening that Mr. Alvarez was going to be “bleeding a whole lot more”, and describing Mr. Alvarez as gay and making fun of his behavior. The reviewer also found that not only did the evidence support a finding that the report was misleading, but it also supported a finding that Sergeant Benitez knew the report was false. The reviewer concluded by indicating that, had Sergeant Benitez still been a member of the Department, his actions would have warranted severe discipline, up to and including termination.
The reviewer noted that the incident also had provided the Department an opportunity to revise policies, maximize the use of technology, provide training, seek input on policing initiatives and policy reform, and engage with community stakeholders on greater transparency and accountability, with the hope that such actions would lessen the likelihood of a similar incident from occurring in the future. As examples, the reviewer noted the following initiatives:
• Equipping all officers with body-worn cameras
• Requiring that reports be reviewed and approved by a person of greater rank than the author
• Review and reform of use of force, tactics, and de-escalation • Greater emphasis on community engagement, transparency, and accountability • Expanding the IPA’s scope of services to provide additional oversight of Department investigations involving force
• Training on topics that included Tactical Communication, LGBTQ Awareness for California Law Enforcement24, Critical Incident and De-escalation, and Strategic Communication.
23 As noted above, those charges eventually resulted in a criminal conviction against Sergeant Benitez. That conviction had not occurred at the time the reviewer authored his memorandum.
24 As noted above, the LGBTQ training was required as one of the conditions of the agreement settling Mr. Alvarez’s civil lawsuit. We have been advised that the training had actually already been scheduled on PAPD’s in-service calendar prior to the settlement.
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24 Imposition of Discipline and Appeals
Agent DeStefano
Approximately 40 months after the incident, Agent DeStefano received notice that PAPD intended to terminate his employment with the agency. It advised him that PAPD had found that Agent DeStefano had violated the following policies:
Duty to intercede
Failure to report use of force
Failure to review reports for accuracy
Failure to document his pointing of a firearm
Conduct unbecoming.
To support the termination decision, the notice also referenced an earlier 2017 suspension of 88 hours for driving while intoxicated in a “hit and run” DUI collision.25 The notice concluded as follows:
Regarding the 2018 incident with Mr. Alvarez, you failed to document your own use of force, failed to notify a supervisor of excessive force that you witnessed, and then approved reports you knew to be false. Your conduct was despicable and has had an extremely negative impact on the public’s trust in this Department. You covered up an unjustified use of force that eventually came to light only because of Mr.
Alvarez’s home surveillance system and his pursuit of legal claims against the City.
For these reasons, termination is the appropriate penalty.
Skelly Decision: Agent DeStefano
Agent DeStefano exercised his Constitutional rights to a Skelly determination.26 The Skelly officer declined to modify the initial determination and discipline after hearing from the Agent and his attorney.
Arbitration Decision: Agent DeStefano
25 The Arbitrator noted that Agent DeStefano had received performance evaluations over the years of Meets or Exceeds Standards or Outstanding, served as a field training officer, had been promoted to the rank of Agent, and had also received multiple commendations and awards in his tenure with the Department.
26 The "Skelly" process affords peace officers the right to have their proposed discipline be reconsidered by a different decision-maker within the agency; an attendant hearing often features a response by the involved officer to the proposed findings.
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25 Agent DeStefano proceeded to arbitration after receiving the final discipline notice. Upon conclusion of the arbitration hearing and five years and eight months after the incident, the arbitrator upheld PAPD’s disposition and decision to terminate the officer.
Officer 1
Officer 1 was initially provided notice of PAPD’s intent to terminate him from employment.
The notice indicated that Officer 1 had violated PAPD’s policy requiring notification following a use of force and his failure to document the fact that Mr. Alvarez had advised Officer 1 that an officer had hit him as well as his failure to document that Officer 1 had offered Mr.
Alvarez medical assistance.
The notice indicated that Officer 1’s failure to notify a supervisor of Mr. Alvarez’s allegations and document his refusal of medical treatment as required by policy had a grave impact on the Department’s ability to ensure a timely review of the incident. The notice indicated that Officer 1’s failure to follow the rules appeared to have been a deliberate effort to make sure the use of force was covered up.
Skelly Determination: Officer 1
The Skelly officer determined that the policy violations should be sustained, but that Officer 1 had “taken responsibility” for his actions in a meaningful way.27 As a result, based on the findings of the Skelly officer, PAPD decided to reduce the discipline from termination to a serious suspension.
Arbitration Decision: Officer 1
Following the Skelly hearing and final notice of suspension, Officer 1 took the matter to an arbitration hearing. The arbitrator ultimately imposed a more than five-fold reduction of the suspension.
During the arbitration, Officer 1 did not dispute that he had violated the policy violations set out in the notice. However, the arbitrator found that the following “mitigators” made his violations not egregious and not deserving of a significant suspension:
• Officer 1 was relatively inexperienced.
• Officer 1 was not familiar with all of PAPD’s rules.
• Officer 1 accepted responsibility for his actions.
• Officer 1 did not believe Mr. Alvarez’s allegations that he had been struck by an officer.
• Officer 1 was remorseful and had rehabilitated himself. • Officer 1 had no prior disciplinary history.
27 While Officer 1 did admit that he failed to follow policy relating to his reporting requirements, his almost complete lack of recall relating to any of the events of the incident calls into question the degree to which he accepted responsibility.
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26 Officer 1 is not likely to reoffend.
The arbitrator found that the officer had not deliberately tried to “cover up” the use of force and that Officer 1 did not see the use of force when it occurred. It noted that the Skelly officer, in reducing the discipline from termination to a significant suspension, had similarly found that Officer 1’s actions were not deliberate or intentional. The arbitrator also accepted Officer 1’s argument that because he was a new officer, he did not fully understand the policies that he needed to follow.
The arbitrator concluded that Officer 1 did not deliberately fail to comply with the rules but was only negligent. Accordingly, he completely accepted the Officer’s attorney’s recommendation to reduce the discipline to a low-level suspension – to the point of adopting the suspension award that his lawyer had suggested.
Officer 2
Officer 2 was initially provided notice of PAPD’s intent to terminate him from employment.
The notice indicated that Officer 2 had violated PAPD’s policy requiring notification following allegations of injury by Mr. Alvarez as well as his allegations that he had been hit in the face.
Officer 2 was also have found to have violated policy by his failure to document his offer of medical attention to Mr. Alvarez. The rationale for this finding was similar to the rationale for the finding against Officer 1.
Once Officer 2 was advised of PAPD’s intent to terminate him, he decided to retire from the Police Department.28
IPA Review and Analysis
Without question, this case certainly qualifies as the most complex and significant episode in our tenure as the Independent Police Auditor for the City. The combination of severe misconduct, the number of officers involved as subjects, and the halting, multi-faceted, and convoluted process with which it was addressed lends itself to a number of observations, which we set forth below. Additionally, we offer recommendations that ideally will provide additional grist for PAPD in reckoning with the implications of this chapter in its recent history.
A. The decision to conduct the administrative investigation internally was fraught and problematic.
28 California Senate Bill 2 (Cal. Penal Code § 13510 et seq) requires police agencies to notify California’s Peace Officer Standards and Training (“POST”) of officers who voluntarily leave employ while administrative proceedings of misconduct are under way. The legislation is an effort to prevent officers who leave one agency under a disqualifying cloud to find employment as a peace officer at another agency. We have been advised that PAPD has advised POST of the circumstances surrounding Sergeant Benitez’ retirement, and the arbitration finding against Agent DeStefano.
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27 We have been advised that after the surveillance video was provided to PAPD, the decision was made at PAPD’s highest level to keep investigative responsibility for the administrative case within the agency, rather than delegating that role to an independent outsider acting on the authority of the Chief. 29 If the allegation had been simply one of excessive force by Sergeant Benitez, the case could have been well-handled internally. However, in light of the complicated dynamics involved, there were significant disadvantages to this approach.
As described in detail above, the force used by Sergeant Benitez had not been timely reported by either him or any of the on-scene witness officers, which created special complexities. This enlarged the focus of the investigation significantly, and eventually resulted in four PAPD sworn officers subject to potential termination for the force and the failure to appropriately report it. Moreover, as explained below, the initial information and the failure of PAPD to timely learn of the excessive force and additional misconduct by Sergeant Benitez meant that the investigation could have (and should have) looked into whether anyone in PAPD either learned or could have learned of the misconduct before the surveillance videos surfaced. That inquiry would have likely required that command staff be interviewed as part of the investigation – a problematic task for a PAPD assigned investigator of equal or subordinate rank.
While the internal investigators assigned to the matter conducted a creditable investigation in the face of challenging circumstances, as explained above, the initial findings as to Agent DeStefano ended up being countermanded by the first reviewer. In essence, the PAPD investigators were placed in a difficult position which could have been alleviated had the investigation been referred outside of the Department.
RECOMMENDATION 1
PAPD should assign administrative investigations to outside investigators when factors such as failure to report force, multiple involved subjects, and discovery delays suggest inherent complications.
B. The tolling of the Internal Affairs investigation resulted in an unnecessary delay in its completion and the accountability of involved officers.
As detailed above, it was fourteen months after the incident that PAPD was given the surveillance video. We have been advised that, after reviewing the video excerpts, it discussed the matter with representatives of the District Attorney who initially indicated no interest in having PAPD pursue a criminal investigation. As a result, PAPD opened an Internal Affairs investigation. However, we were advised that after Mr. Alvarez’s attorney
29 As we have noted in previous IPA reports, PAPD has a past practice of assigning selected administrative cases to outside investigators; the results, in terms of the quality of the work product, have generally been positive in our view.
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28 released the video, the District Attorney apparently revisited the issue and requested a criminal investigation to occur.
Unfortunately, there is no documentation in the investigative file that explains this sequence of events. Guidance and interest in a criminal investigation by the prosecuting authority should be documented and included in the investigative file, so that any tolling or interruption in the completion of the internal investigation and review can be better understood.
PAPD could have held its internal investigation until the criminal investigation and District Attorney review was completed, to its credit it continued with evidence-gathering, and all the investigative work was completed in eight months. However, instead of proceeding to a disposition, the investigation was then held, apparently to wait for the District Attorney review to be completed. Even after charges were announced by the District Attorney against Sergeant Benitez, the Internal Affairs investigation continued to be held. As a result, it was more than three years after the incident before the involved officers received notice of PAPD’s intended disciplinary outcome. And then it took another 2 ½ years before the arbitration hearings had been completed and the arbitrators reported their findings.
This was suboptimal in many respects. It is true that, per California statute, law enforcement agencies generally have one year to complete an internal investigation and notify involved officers of any intent to discipline. It is also true that the one-year clock does not begin until PAPD has “knowledge” of potential violations of policy, and that the one-year statute can be tolled when related criminal matters are pending. In this case, because PAPD’s actual notice was not until it had been provided with the surveillance video and because there were ongoing criminal proceedings, it was technically possible for PAPD to delay resolution of the administrative matters without forfeiting its eventual right to take disciplinary action.30
There is some argument that waiting for the criminal case to resolve is preferable, so that an agency can use the results of those proceedings to shape its internal response or to avoid any interference with the prosecution. However, the policy arguments for proceeding apace with the internal proceedings in this case significantly outweigh any reason advanced to delay them.
First, the investigation of this case was already delayed for over a year because of PAPD’s failure to timely learn of the excessive use of force and other misconduct. Second, after the surveillance tapes were released to the public, there was strong additional interest in resolving pending issues as soon as was practicable. Third, while Sergeant Benitez retired
30 In fact, since the criminal case against Sgt. Benitez was not resolved until recently, PAPD could have held the Internal Affairs disposition until then, and well into 2024. Extrapolating a similar 2 1/2- year timeline for the arbitrators’ hearings and determinations, the internal proceedings could have well extended to 2026 or 2027.
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29 within a few months of the internal investigation being commenced, Agent DeStefano and other subject officers continued to receive pay while the internal investigation was tolled for another eighteen months. Finally, the delay in the administrative case meant that all the involved officers had the specter of serious administrative consequences hanging over them for many months.
Simply because an agency can delay an internal investigation when there are ongoing criminal proceedings does not mean it should. In this case, once it discovered that this incident involved serious potential administrative issues for multiple officers, PAPD should have moved swiftly toward completing the internal investigation and review process in order to reach dispositions relating to the misconduct of the involved officers.
RECOMMENDATION 2
PAPD should develop protocols that instruct internal investigators to document any discussions with the District Attorney regarding potential criminal investigations into alleged officer misconduct.
RECOMMENDATION 3
PAPD should develop protocols that call for the completion and resolution of administrative investigations absent special circumstances, even when it could delay them because of outstanding criminal proceedings or other tolling provisions.
C. The Internal Affairs investigation did not address missteps on the part of Officer 1 that resulted in the suppression of evidence and dismissal of criminal charges against Mr.
Alvarez.
Through his attorney, Mr. Alvarez filed a motion to suppress evidence that supported the criminal charges lodged against him. The court ruled in his favor in this regard, which led to the eventual dismissal of all criminal charges. The basis for the suppression of evidence focused on the failure of Officer 1 to confirm whether Mr. Alvarez’s driver’s license was, in fact, suspended prior to effectuating a detention.
Officer 1 testified at the hearing that he knew Mr. Alvarez from prior dealings with him and had been advised a few weeks prior to the incident that a fellow officer had ticketed Mr.
Alvarez for driving with a suspended license. Officer 1 testified that prior to the detention he had run the license plate of the vehicle, which came back to Mr. Alvarez as well as the address at which he had parked the car. However, Officer 1 testified that prior to attempting to effectuate a detention, neither he nor any of the other responding officers ran a records check confirming that Mr. Alvarez’s license was suspended until after his arrest.
The court found that Officer 1 lacked reasonable suspicion to effectuate a detention because there was a failure to confirm that Mr. Alvarez’s driver’s license was suspended prior to detaining him. As a result, the court granted the suppression motion, including the Item 14
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30 drug paraphernalia and other evidence obtained during the search of his vehicle. Following the suppression of evidence, the District Attorney subsequently dismissed all criminal charges against Mr. Alvarez.
This issue was also raised in Mr. Alvarez’s lawsuit. And while the transcripts of the suppression hearing and the lawsuit allegations were accessed and included in the internal affairs investigation, the issues relating to this aspect of Officer 1’s missteps were not addressed. Even though this performance failure was not the initial focus of the internal investigation, investigators are trained to be cognizant that an investigation may reveal additional potential violations of policy; if they do, the scope of the investigation should be expanded accordingly. In this case, the procedural errors of Officer 1 should have been identified in the investigative report and considered in determining the appropriate disposition.
The broader issue is that, but for the excessive force allegation and surfacing of the surveillance video, PAPD would not have learned about the potential performance deficiencies of Officer 1 relating to the unconstitutional detention. This is because the dismissal of the criminal case did not by itself trigger additional administrative review of the incident.
Unfortunately, PAPD is not alone in law enforcement in failing to devise an effective feedback system to learn when officer mistakes lead to the suppression of evidence and the dismissal of charges. The judicial system can provide an important check when officers are found to have violated the Constitution. It is incumbent on a police agency to devise a system whereby such decisions are learned and, when appropriate, provide the basis for further review and corrective action.
RECOMMENDATION 4
PAPD should instruct internal affairs investigators to ensure that any potential performance issues are identified and addressed in the investigative report.
RECOMMENDATION 5
PAPD should work to devise an effective system so that officer performance issues that undermine a criminal prosecution can be communicated back to the agency for any appropriate investigation and corrective action.
D. Supreme Court jurisprudence that was decided after this case makes it questionable whether PAPD officers currently would have the legal authority to forcibly enter a residence under similar circumstances.
As detailed above, Mr. Alvarez repeatedly questioned whether the officers could break the door of his residence, pull him out, and arrest him without first obtaining a warrant. Further, as set out above, the officers and supervisors all told Mr. Alvarez and co-residents that they Item 14
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31 did not need a a warrant to effectuate the arrest.31 Importantly, the law was uncertain at the time. However, recent U.S. Supreme Court jurisprudence suggests that under a similar set of circumstances police would not have the legal authority to forcibly enter a home to effectuate a misdemeanor arrest.
In Lange v. California, 594 US ___, (2021), the Court found that an officer who followed a motorist who had not stopped when he turned on his overhead lights but instead went into his garage was not justified in doing so. It held that the pursuit of a fleeing misdemeanor subject does not automatically justify a warrantless entry into a home. The Court noted that a warrantless entry requires exigency such as a need to act to prevent imminent injury, the destruction of evidence, or a subject’s escape, and that mere flight alone is not sufficient.
Because Lange was decided after the incident, the officers and supervisors cannot be faulted for not knowing of the Supreme Court direction subsequently provided on the parameters of warrantless misdemeanor entry. However, since the case has been decided, we were interested to learn whether PAPD had advised its officers on the restrictions on warrantless entry as set out by the Lange opinion. In the Alvarez incident, there was no indicia of imminent injury, the destruction of evidence, or escape. As a result, the warrantless entry by Sergeant Benitez would arguably no longer have any legal support. To PAPD’s credit, it did advise its officers in 2021 of the import of the Lange decision in a case law update.32
E. The decision to break the door, enter the residence, and arrest Mr. Alvarez was unnecessary and inconsistent with progressive policing practices.
In addition to the forced entry and arrest having a tenuous legal foundation, a broader point is whether it was necessary to do so to effectively resolve the matter. As detailed above, the offense of driving with a suspended license had already been observed by Officer 1. Mr.
Alvarez was known to PAPD. Instead of pushing to arrest or cite Mr. Alvarez that night, Officer 1 could have simply written a report with the salient facts and submitted it to the District Attorney. The suspected offense was a non-violent relatively minor misdemeanor and there was no need to effectuate an arrest that evening. Assuming the District Attorney
31 Though the issue was not expressly discussed in the investigation, the PAPD reviewer also opined that the entry into Mr. Alvarez’s residence was lawful and within applicable policy at the time. Again, the uncertainty of the law at that time makes that opinion a reasonable interpretation.
32 During the investigation, Agent DeStefano alleged in his internal affairs interview that there was urgency to enter the residence with out a warrant and arrest Mr. Alvarez to prevent him from either accessing a weapon of destroying or concealing contraband. But as detailed above, at the time that a warrantless entry was made, Mr. Alvarez was only suspected of driving on a suspended license and failing to respond to Officer 1’s direction after he pulled his car into the driveway. There were no indicia that Mr. Alvarez was armed or that there was any “contraband” relating to the misdemeanor offenses he was suspected of having committed.
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32 approved the requested charge, Mr. Alvarez could have been cited and subsequent court proceedings could have advanced without incident.
We have been advised that Officer 1 has been advised about how the situation could have been addressed in a manner that achieved the same public safety interest while lessening potential conflict. We suggest that PAPD continue to talk with its line officers about better strategies that reduce potential police/community conflict yet achieve similar public safety objectives.
RECOMMENDATION 6
PAPD should continue to identify and promote problem-solving strategies that result in less conflict and reduce potential use of force situations.
F. The decision to tow Mr. Alvarez’ car, while legal on its face, was likely retaliatory.
A common traffic stop scenario involves an initial moving violation that leads to a detention, during which the police become aware that the operator is driving with a suspended license.
Under that set of circumstances, the law provides officers the discretion to have the car towed, since the driver cannot legally operate the vehicle and leaving the vehicle on the side of the roadway has safety and other implications. Even then, though, and when applicable, officers have the discretion to allow a passenger with a valid license to drive the car away, thereby avoiding the need for a tow.
In this case, the scenario was somewhat unique. Mr. Alvarez had completed his trip and had parked his car in the carport area immediately adjacent to his residence. Thus, the normal rationale for towing the car was not present.
Nonetheless, as detailed above and captured by the MAV audio, Sergeant Benitez decided that there would be “no leniency” in this case because of Mr. Alvarez’s refusal to come out of his residence.33 In essence, the towing of his car (and the attendant towing and storage charges that resulted) appeared to be retaliatory, a tax of sorts imposed by Sergeant Benitez for Mr. Alvarez’s perceived “contempt of cop”.34 Again, this or similar scenarios could be used as a teaching moment on effective use of officer discretion – an example of the principle that just because an officer can take enforcement action does not mean the officer should.
RECOMMENDATION 7
33 Sergeant Benitez can also be heard on the MAV instructing officers that the towing charges will cost Mr. Alvarez another $135 dollars and instructing them to “go for blood” regarding their dealings with Mr. Alvarez.
34 According to Mr. Alvarez’s civil complaint, after he was released from custody, he was unable to pay the monies necessary to retrieve his vehicle from impound.
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33 PAPD should use this or similar scenarios to reinforce to officers how their use of discretion should be wisely employed and to avoid taking any action that could be interpreted as retaliatory.
G. Prior to the ultimate emergence of the private surveillance video, PAPD had multiple opportunities to learn that this incident involved a questionable use of force and other inappropriate conduct that needed to be investigated.
As discussed above, when Sergeant Benitez used excessive force against Mr. Alvarez and made inappropriate comments to him in conjunction with that excessive force, neither he nor any of the other on-scene officers reported the use of force and the inappropriate comments. Moreover, after Mr. Alvarez was arrested, and he reported to officers that he had been hit and injured during the use of force, that colloquy was also not documented.
And it was not until fourteen months later, after the attorney for Mr. Alvarez visited the City Attorney’s office and provided surveillance video of the incident, that PAPD’s leadership became aware of the problematic use of force.
Unquestionably, the failure by Sergeant Benitez and other witness officers to meet their reporting obligations per policy created challenges for the Department in contemporaneously learning about the incident's numerous problems. However, as detailed below, there were multiple other opportunities during which PAPD could and seemingly should have learned about the misconduct before it finally did via Mr. Alvarez's attorney.
The Initial Response
As detailed above, after his arrest, Mr. Alvarez made several comments to the involved officers about a camera that he thought would have captured the incident. First, as Mr.
Alvarez was being transported to the station, the MAV records that Mr. Alvarez informs Officer 1 that cameras would have recorded the use of force. Additionally, during a conversation with Officer 2, Mr. Alvarez tells him that the camera could prove that he had been hit in the face. However, neither of those officers pursued any inquiry with Mr. Alvarez about a camera possibly recording the incident or advised an uninvolved supervisor of this information. Had they done either, it would have likely spurred further inquiry of Mr. Alvarez and the discovery of the surveillance camera. That could have led to accessing the footage of the incident and a timely investigation.
As also described above, an acting lieutenant and uninvolved sergeant responded to the scene after Mr. Alvarez had been brought into custody and placed in a patrol car. And a review of Sergeant Benitez’ MAV recordings shows that the acting lieutenant was privy to some concerning comments made by Sergeant Benitez, either to her or in her presence.
Significantly, the MAV audit logs show that the acting lieutenant also accessed Officer 2’s MAV the day after the incident – evidence that also could well have contributed to concern.
As detailed above, there are concerning comments made by Officer 2 on scene, including his comment about “finally something happened”. Moreover, if the acting lieutenant had reviewed Officer 2’s MAV in its totality, she would have heard about the discourse between Item 14
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34 Officer 2 and Mr. Alvarez at the station, where Alvarez talks about being injured (though declining an offer of medical treatment) – comments that should have triggered additional inquiry. Because the audit logs only confirm that the acting lieutenant opened the MAV recording and not the extent to which the recording was viewed, the most plausible explanation is that unfortunately she did not conduct a full review of Officer 2’s MAV.
Finally, when the acting lieutenant returned the next morning with a Spanish-speaking officer to advise the family that they could file a claim for the broken door, they could have inquired of the occupants about whether the residence had any cameras that might have captured the incident. However, because these potential leads were not pursued, none of the information the acting lieutenant learned at the scene or through the review of Officer 2’s MAV caused her to take any further action or inquiry.
Supervisors’ Meeting Where Conduct of Sergeant Benitez Is Raised As detailed above, the acting lieutenant told internal investigators that a few weeks after the incident, she raised concerns at a second-and third-level supervisor’s meeting about Sergeant Benitez’s rough verbal manner as evidenced by this incident (as well as others).35 She reported to have asked whether an intervention was appropriate. According to the acting lieutenant, after she raised her concerns about Sergeant Benitez, she was instructed at the meeting that no further action would be taken regarding her concerns. Concernedly, the internal investigation did not pursue this assertion by the acting lieutenant and did not interview the supervisor who reportedly instructed her not to take any further action regarding Sergeant Benitez. The internal investigation should have.36 RECOMMENDATION 8
When information emerges during an internal investigation about potential shortcomings in managerial response to the underlying performance issues in the case, those issues should be pursued through additional lines of inquiry – including follow-up interviews of named personnel.
Filing of Civil Claim
As detailed above, the City was placed on formal notice approximately 5 ½ months after the incident that Mr. Alvarez was alleging multiple acts of officer impropriety. In that claim, Mr.
Alvarez alleged that he was subjected to excessive force, unlawful detention, and false
35 The meeting was not convened to discuss Sergeant Benitez’ performance particularly but was instead a regularly scheduled supervisors meeting where a number of other matters were also discussed. During this meeting, the acting lieutenant raised the conduct of Sergeant Benitez.
36 The acting lieutenant’s report that PAPD command staff was aware of concerns relating to Sergeant Benitez’s performance in the field was also raised at Agent DeStefano’s arbitration hearing, yet PAPD did not apparently pursue this issue at that juncture either.
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35 reports lodged against him. It is unclear when PAPD was notified by the City of the receipt of the claim. However, assuming that the claim was forwarded to PAPD for review, it would have afforded an opportunity for PAPD to assess the allegations and their potential legitimacy. Had that inquiry resulted in a thorough review of the officers’ MAV recordings and surveillance camera recordings that captured Mr. Alvarez’ complaints at the police stations (which it minimally should have), it would have learned of evidence that went toward corroborating Mr. Alvarez's allegations. However, whatever investigation into the civil claim that occurred was insufficient to uncover the excessive force and other misconduct by the PAPD officers.37 Instead, the City summarily denied the claim three months after its receipt.
Review of MAV Videos by Command Staff Member
According to the PAPD investigator who conducted the criminal investigation, a command staff member reviewed some of the involved officers’ MAV videos approximately ten months after the incident.38 It is unclear what prompted this review by the command staff member, but the timeline of events may offer a clue as to the interest in doing so. As detailed above, the City’s rejection of Mr. Alvarez’s claim occurred about six weeks before this review of the MAV recordings. The suppression hearing which led to the dismissal of criminal charges against Mr. Alvarez occurred approximately a month before this MAV review. And the attorney for Mr. Alvarez sent out a preservation notice39 to the City of Palo Alto approximately two weeks before this MAV review, signaling that Mr. Alvarez was interested in moving forward with a lawsuit. At the time, the command staff member who ended up reviewing some of the MAV recordings was the designated person for addressing litigation matters involving PAPD.
The PAPD investigator reported that the command staff member that accessed those videos was not able to see any use of force from the car cameras. A review of the MAV audit logs40 confirms that a PAPD command staff member did access the MAV videos of Sergeant Benitez, Agent DeStefano, and Officer 1 – which did not capture the force incident because of the way the patrol cars were positioned. However, as detailed above, the MAV video/audios did provide significant indicia of a problematic incident, even if the actual force was not depicted. This includes, for example, the inappropriate comments of Sergeant Benitez such as “You are a tough guy” and “You will be bleeding a whole lot more.”
37 The IPA was not provided any materials related to the investigation of the civil claim.
38 This command staff member is no longer employed by PAPD.
39 A preservation notice is a request made of the City to preserve all reports and evidence relating to the allegations in the claim.
40 The MAV audit logs create an audit trail whenever the MAV recordings are accessed and note the name of the employee that accessed those recordings.
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36 Moreover, Sergeant Benitez’s wholly inappropriate comments after the arrest to the tow truck driver were also discernible. In addition, as detailed above, the audio and video material from PAPD’s camera at the station and the officers MAVs also featured ample grist for further concern (and led to the ultimate development of allegations against Officers 1 and 2).
As the internal investigator eventually did undertake months later, a full review of those recordings would have identified Mr. Alvarez complaining that he had been injured by officers and the fact that two responding officers had offered Mr. Alvarez medical treatment but had not documented it. An internal affairs investigation could then have been triggered months before the presentation of the surveillance tape by Mr. Alvarez’s attorney.
Unfortunately, the command staff member’s apparent less than thorough review of the MAV recordings did not result in the misconduct that had occurred being discovered.
Visit by Mr. Alvarez to the Police Station
Finally, as noted above, the acting lieutenant reported that while she did not know the precise date, some time prior to the acquisition of the surveillance video from Mr. Alvarez’s attorney, she had met with a neighborhood activist a who raised issues about poor treatment by police. At that time, Mr. Alvarez, who had apparently accompanied the activist as a show of support, referenced the incident involving him and advised the acting lieutenant that it had been captured on videotape. However, the acting lieutenant did not contemporaneously document this fact, follow up with Mr. Alvarez to endeavor to acquire the video, or report the communication up the chain of command. As a result, an opportunity was lost to learn of the misconduct earlier in time.
Systemic Reform: A More Robust Response to Civil Claims Under current PAPD protocols, had Mr. Alvarez shown up to the station and requested to file a civilian complaint about the incident, it would have triggered an internal investigation.
Yet in this case the filing of the claim by Mr. Alvarez that was essentially a complaint of misconduct, did not cause a personnel investigation to be initiated.
While the filing of a claim is essentially a civilian complaint with a price tag attached, existing PAPD protocols did not apparently result in the same type of investigative response as a civilian complaint would have done. When a claim is filed alleging misconduct on behalf of PAPD officers, it should trigger a robust documented initial inquiry, including a thorough review of any existing documents and recordings of the incident. If that initial review indicates a potential violation of policy, the initial review should be transformed into a full- blown internal affairs investigation. As set out above, in this case, a robust review of the recordings would have identified problematic conduct and likely violations of policy. It is unfortunate that current procedures did not afford for such in this case.
RECOMMENDATION 9
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37 PAPD should devise protocols so that every claim that alleges misconduct is thoroughly reviewed and investigated as if a civilian complaint had been received.
H. The Major Reduction of the Discipline by the Arbitrator Reviewing Officer 1’s Misconduct Shows the Structural and Practical Defects of Such a System41 The Racial and Identity Profiling Advisory Board (RIPA), which consists of current and former law enforcement officials, civil rights and oversight advocates, legal scholars, and experts in the field, recently released its annual report. In that report, the RIPA Board found that using binding arbitration for peace officers’ disciplinary appeals raises accountability concerns. One of the concerns identified by the RIPA Board is that arbitrators often reduce disciplinary penalties for officers found liable for misconduct. The RIPA Board also noted that having an arbitrator as the final say on discipline allows for third parties who are not generally from the community to make final disciplinary decisions that overturn police supervisors’ decisions. The report noted that, according to researchers, the tendency for arbitrators to side with officers is likely, because police officers often have some level of influence over the selection of arbitrators.42
In Palo Alto, any employee who is subject to formal discipline can select either an appeal with the City Manager or binding arbitration:
If the aggrieved employee elects final and binding arbitration in accordance with this provision, the parties shall mutually select an arbitrator. In the event the parties cannot agree on an arbitrator, they shall mutually request a panel of five arbitrators from the California State Conciliation Service or from the American Arbitration Association if either party objects to the State Conciliation Service, and select an arbitrator by the alternate strike method.
Thus, in Palo Alto, the attorneys retained to represent the police employee have significant say in who is selected to hear the arbitration and total veto power over any arbitrator who has upheld police disciplinary determinations in the past.
As noted above, while in Agent DeStefano’s arbitration, PAPD’s decision to terminate the officer was upheld, Officer 1’s discipline was reduced more than five-fold by the arbitrator.
41 Because the City’s binding arbitration post-disciplinary system had a significant impact on the eventual resolution of the administrative charges, it is incumbent on IPA to provide an independent assessment of those proceedings.
42 See also, “Police Arbitration” Professor Stephen Rushin, Vanderbilt Law Review, Vol. 74:4:1023. (2021) (Study finds that arbitrators on appeal reduced or overturned police officer discipline in 52% of these cases. In 46% of cases involving termination, arbitrators ordered police departments to rehire previously terminated officers. On average, arbitrators reduced the length of officer suspensions by approximately 49%); “Police Arbitration and the Public Interest”, Professor Stephen A. Plass, Harvard Blackletter Law Journal, Vol. 37 p 31 (2021) (The nuances of policing, require that publicly accountable individuals (as opposed to private arbitrators) have final authority for police discipline.)
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38 In that arbitration, Officer 1 did not contest that he was liable for the policy violations alleged but maintained that the discipline was too severe. According to the arbitrator, the basis for reducing the discipline was that Officer 1’s failure to report excessive force was not intentional since he did not see the excessive force at the time of the incident. While the arbitrator found that the City had established that Officer 1’s conduct brought harm to the Department, he found that the officer was not the “proximate cause” of the harm.
The arbitrator’s logic was misplaced: Officer 1 was not charged with failing to report excessive force, but rather with failing to document what Mr. Alvarez had told him about being struck and injured by an officer during the arrest. And that failure was not inadvertent; the officer clearly failed to write what Mr. Alvarez had told him and had no justification for his failure to do so. It is unclear what the arbitrator meant when he concluded that Officer 1 was not the “proximate cause” of the harm; certainly, Sergeant Benitez was the “actual cause” of the excessive force harm to Mr. Alvarez (which resulted in his successful prosecution and resignation from PAPD) but Officer 1 also certainly was a “proximate cause” of the harm to the Department’s reputation. His failure to report Mr. Alvarez’s complaints on being subjected to force and injured prevented the Department from learning about the excessive force and other misconduct for months (or potentially ever, but for the surfacing of the surveillance videos). The harm to the reputation of PAPD as a result of this lapse, which the California Supreme Court has said is the most important factor in evaluating discipline, was cited but not apparently weighed by the arbitrator.
The arbitrator agreed that Officer 1 knew or should have known that he was required to document Mr. Alvarez’s statements about being injured and the fact that he was offered medical treatment. However, the arbitrator found that Officer 1 was a relatively new officer, and while he conceded that it was the responsibility of the officer to know the rules, the arbitrator found that he was obviously not familiar with all of them. The arbitrator found that Officer 1 was unaware of his duty to report that Mr. Alvarez alleged that a police officer injured him and thus found that his conduct was negligent rather than deliberate. The arbitrator further found that it was the responsibility of the Department to ensure that he knew and understood all of the rules. However, the arbitrator provided no evidence that the Department had failed in its responsibility to ensure that the officer knew the applicable rules.
The Department’s Manual of Policy and Procedure contains all the rules applicable to this case. New officers particularly are expected to know these rules and significant training is provided to those officers when they become members of PAPD.
Policy Manual 106.5 is particularly instructive. It states in pertinent part:
Each member shall acknowledge that he/she has been provided access to and has had the opportunity to review the Policy Manual. Members shall seek clarification as needed from an appropriate supervisor for any provisions that they do not fully understand.
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39 Again, the arbitrator decided that reduction of the discipline was appropriate because the officer was relatively new. But the arbitrator failed to note the Manual provision requiring that officers know the rules regardless of their experience level. Most significantly, had Officer 1 had some question about whether he needed to document what Mr. Alvarez had told him about being struck and injured during the arrest, he could have consulted a supervisor (as instructed by the Manual) as he was preparing his report, yet failed to do so.
Using the arbitrator’s logic, officers would be incentivized not to learn the rules so that they could later claim unawareness of them and escape the consequences thereof.
Case law in California has repeatedly and uniformly instructed that a police agency’s disciplinary determination should not be overturned unless there has been an “abuse of discretion.” See Skelly v. State Personnel Board (1975) 15 Cal.3d 194, 217-19. Courts instruct hearing officers to give deference to the employer’s penalty decision considering such matters as the employer’s administration of its own standards and rules. See Kolender v. San Diego Civil Service Commission (2007) 149 Cal.App.4th 464, 471. The fact that reasonable minds may differ regarding the penalty imposed supports a finding that the employer has acted within its discretion. Ackerman v. State Personnel Board (1983) 145 Cal.App.3d 395, 401. However, instead of being mindful of (or even acknowledging) this direction, the arbitrator cited non-California cases to support his position.
Finally, the arbitrator decided to severely reduce the discipline (perhaps more than coincidentally to the amount precisely suggested by the Union lawyer representing the officer) because Officer 1 had accepted responsibility for his actions, rehabilitated himself, had no prior or subsequent discipline, and there was little likelihood of reoccurrence.
However, as detailed above, and as noted by the arbitrator, PAPD had already reduced Officer 1’s discipline because of these very factors. In short and in essence, the arbitrator substituted his judgment about the appropriate outcome over the judgment of the leadership of the Palo Alto Police Department.
Given the significance of this episode in the Department's recent history, the outcome was especially notable and disappointing. But the questionable reasoning that apparently formed the foundation for the decision underscores the limitations of binding arbitration as a valid form of appeal and raises many of the issues identified by the RIPA Advisory Board, legal scholars, and progressive policing professionals. While the great majority of jurisdictions in California have similar binding arbitration agreements with their police associations, others have instead a Civil Service Commission or other City maintained body that hears the appeal. And others instead have non-binding arbitration whereby the arbitrator makes a recommendation which City leadership can then accept, modify, or reject.
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40 The unfortunate result of this arbitration proceeding provides an opportunity for the City43 to consider other options for post-disciplinary appeals.44 RECOMMENDATION 10
In future discussions with the PPOA, the City should consider the viability of other options than binding arbitration for appealing officer discipline.
I. PAPD Should Ensure that Officers and Supervisors Are Regularly Trained on Use of Force Policy and Reporting Requirements
In both arbitrations stemming from this incident, the officers through their attorney argued that there was confusion between the current use of force reporting policy and actual practice. In fact, at the DeStefano arbitration, a current supervisor testified that it was his interpretation that a verbal command could be considered a use of force under PAPD policy.
While this interpretation is nowhere supported by the current policy language, it is a good indication of both the importance of and need to remove any confusion among officers and supervisors about key elements of the PAPD policy expectations and the attendant reporting requirements.45
RECOMMENDATION 11
PAPD should provide annual training to its officers and supervisors about what constitutes a use of force, what is reportable force and how it should be documented, what the review of force process entails, and documentation requirements about alleged force and/or injury from arrestees.
J. The Arbitration Proceedings Revealed that PAPD Had Failed to Provide Mandated Supervisor Training to Agent DeStefano
At former Agent DeStefano’s arbitration hearing, his attorney alleged that the failure of PAPD to ensure that he receive mandated POST supervisor training contributed to his deficiencies in reporting the excessive use of force that he observed. While there was no evidence produced that such training would have better informed former Agent DeStefano
43 To be clear, while PAPD leadership may have input into how post-disciplinary appeals are handled, the recommendation is directed at City leadership since the labor agreement is between the City and the labor association.
44 To be sure, there are counterarguments to maintaining the status quo, one being the relative rarity of police matters that end up going to arbitration in Palo Alto and perhaps more significantly the impact that any change in the disciplinary process might have on hiring and retention, especially considering the ongoing crisis in keeping police agencies fully staffed.
45 We have been advised that since this incident, PAPD has briefed its personnel on the Department’s use of force policy, including what constitutes force, the force documentation requirements, and the subsequent investigative responsibilities of supervisors once force is reported.
We suggest that this critical topic be addressed with personnel at least annually.
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41 regarding his reporting obligations as set out in Department policy, it was nonetheless an identified lapse in PAPD’s compliance with training requirements. There is no further documentation in the materials examining how this lapse occurred. More significantly, there is no documentation to suggest that safeguards have been devised for ensuring the timely attendance of all new supervisors at the POST-mandated school. Whenever a deficiency in record keeping is identified, it is incumbent upon an agency to examine what led to the misstep and consider interposing additional protocols to prevent future lapses.
RECOMMENDATION 12
PAPD should review its training recordkeeping and compliance protocols to ensure that newly promoted supervisors complete the POST-mandated training in an appropriate timely fashion.
K. PAPD’s Reported Instruction to Supervisors Not to Review MAV Recordings of Subordinates Runs Contrary to Effective Supervision and Accountability As detailed above, when the acting lieutenant was interviewed, she indicated that she had been instructed to stop reviewing MAV recordings as part of her supervisory responsibilities.
To the degree that PAPD supervisory staff were directed to stop conducting audits of recordings of police activity, such direction is inconsistent with best practices of supervision and accountability. The MAV recordings (now supplemented with body-worn-camera recordings) provide a wealth of information about how officers are handling calls that was previously not available to supervisors. Rather than discouraging supervisors to perform routine video/audio audits of their personnel’s performance, command staff should be encouraging the use of such footage to identify both commendable and correctable behavior. It is incumbent upon PAPD to ensure that this guidance is effectively communicated to its supervisory staff so that supervisors can take full advantage of this tool.46
RECOMMENDATION 13
PAPD leadership should formalize and promote its expectation that supervisors take advantage of MAV and body-worn-camera footage as an aid to reviewing officer performance in the field.
Conclusion
This incident, in which a veteran sergeant dishonored his oath to uphold the Constitution by engaging in excessive force on a handcuffed detainee, stands as a low point for the PAPD.
Nor did the deplorable conduct end with the sergeant: the Department also was and remains properly disappointed in the failures of the other on-scene officers to report the
46 PAPD’s current policy 404 allows for such review of video/audio evidence: “Recordings may be reviewed in any of the following situations: … (c) by a supervisor or manager for purposes of improving officer performance based on an articulable training issue.” Item 14
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42 incident fully and accurately. That “coverup” caused the excessive force and other misconduct to go unknown to the Department for over a year, and eventually compounded the harm to the agency's standing in the community. But for Mr. Alvarez’ civil action and the existence of a private surveillance recording, it likely would have never been discovered.
Considering that six years have passed before the last of the proceedings related to this incident reached its conclusion and given the change in leadership at the top of the organization, it is understandable that there is a sentiment among some in the City to move on and leave this matter behind. However, law enforcement organizations have an obligation to learn from past mistakes, and to recall them as part of an ongoing process of course correction and refinement. These recommendations are meant to contribute to that process, and to leave PAPD better positioned to detect and address problematic uses of force in the future.
Case 2: Allegation of Intentional Harm to Passenger During Transport
Factual Overview:
An adult male was stopped by a PAPD officer for Vehicle Code violations relating to the bicycle he was riding. He ran from the officer but then surrendered after a foot pursuit. It turned out he also had a warrant for his arrest, and the officer took him into custody and then brought him to jail for booking.
Near the end of that trip, the man (who was handcuffed and seat-belted in the rear of the vehicle), rocked backward and struck his head on the hard plastic seat behind him. This was agitating to him, and he accused the officer of intentionally causing the contact by "brake-checking" – a term for punitive driving maneuvers that are meant to upset the balance of arrested persons and cause the sort of collision inside the vehicle that the man experienced.
The officer immediately notified their47 supervisor and alerted staff at the jail, who summoned a medical response. Though the man had no visible injury, he was brought to the hospital to be evaluated.
The Department treated the man's initial allegation as a complaint and initiated a review process.
47For the balance of this Report, and in keeping with current PAPD practice for its public information- sharing, we are relying on gender neutral pronouns so as to not contribute inadvertently to the personal identification of involved Department members.
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43 PAPD Review:
The case was handled as a "Supervisor Inquiry Investigation" that was resolved as "Unfounded" based on the initial available evidence (and without needing a formal interview of the involved officer).
The supervisor whom the officer had called that night ended up going to both the jail and the hospital. The supervisor conducted a brief interview of the subject, who was quite lethargic but who nonetheless seemed to track the questions and provided voluntary responses.48 Notably, while describing his injury and how it occurred, he did not repeat his earlier allegation that it had been intentional on the part of the officer.
The key evidence in the review was the officer's in-car camera system, which included a rear-facing angle and showed the moment where the man had fallen back. The supervisor found that the man's loss of balance had been preceded by his leaning forward – apparently while dozing – and then experiencing the momentum of a seemingly gradual and appropriate acceleration after the light turned green. There were no apparent instances of unusual or malicious handling of the vehicle by the officer during the transport.
In conducting the investigation, the handling supervisor came across – and subsequently addressed – two unrelated deviations from expected policy or procedure. The first related to the officer's driving during the initial efforts to pursue the fleeing subject; the officer had briefly travelled the wrong way down a one-way street in what was considered a non- emergency context. The second was the officer's apparent failure to ensure (as required by policy) that their body-worn camera was time-synced with the in-car camera system of the patrol vehicle. Both issues were relatively minor, but merited the corrective action by which they were resolved.
IPA Review and Analysis
We concur with the finding that no violations of policy occurred. The Department's response to the initial allegation was proactive and thorough, beginning with the officer who was angrily accused of the "brake-check" by the complainant. Even though the allegation was not reiterated, the Department chose to treat his initial assertion as the basis for a supervisory inquiry into what had occurred. And PAPD's car cameras, which not every agency has and which remain in service even after the acquisition of personal body-worn cameras, provided convincing refutation of the man's complaint.49
48 The man's grogginess was somewhat consistent with his affect from the time of the arrest and did not appear to be a function of striking his head. He later acknowledged recent drug use to hospital staff.
49 The "in-car" camera showed the backseat of the vehicle for the duration of the transport and captured the two instances (within a minute) where the complainant struck his head. Neither seemed to be the function of aggressive or unusual driving; and the officer's forward-facing body- Item 14
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44 We were also impressed with the additional issue-spotting that emerged from the review.
The goal of this sort of holistic analysis of events, which we have long endorsed, is to treat every review process as a valuable opportunity to see officer performance in real-world contexts, and to offer constructive reminders or corrections as needed. PAPD has shown a recent inclination to formalize this process in new ways. We consider it to be a commendable trend, and this case was an effective example of the concept at work.
Internally Generated Investigation
Case 1: Investigation into Reporting and Procedural Issues Related to an Arrest and Use of Force
Factual Overview
An officer on patrol observed a possible drug transaction in the parking lot of an all-night food establishment. The officer ended up contacting a subject, then sought to detain the person but then struggled to handcuff him. In pulling the subject down, the officer caused him to hit his face on the ground, injuring him. The man was taken into custody and medically cleared by at the scene by responding Fire Department personnel. Back at the police station, and as part of the officer’s investigation into a charge that the subject was “under the influence” of an illegal drug, they conducted a forced blood draw in order to get a sample for evaluation. Then, as the man’s facial injuries began to appear more pronounced, the officer brought him to the hospital – where he ended up being admitted.
The Department conducted a use of force review and determined that the officer’s actions were consistent with policy. Months later, though, and in the context of the review of criminal charges50 against the man, new issues emerged that would become the basis for an administrative investigation into possible misconduct.
One of these was seeming discrepancies between the officer’s written report about the incident and the various videos collected by the District Attorney’s Office. (These included recordings from the officer’s body-worn camera, the in-car camera, and the different surveillance cameras from the business where the incident occurred.) The second concern was the legal admissibility of the forced blood draw, which had occurred without either the subject’s consent or a warrant. The District Attorney’s Office took the position that it would not be admissible.
worn camera (which captured the audio of the man's pair of outbursts after hitting his head) confirmed this.
50 Along with the “under the influence” allegation, the original charges against the subject included a probation violation, resisting arrest, and battery on a peace officer.
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45 Taken together, these issues undermined the strength of the case and caused the District Attorney to decline to prosecute. In turn, the Department revisited the incident several months after the arrest and decided that further internal investigation was warranted. PAPD framed allegations against both the officer and the responding supervisor (who had completed the initial review of the officer’s disputed crime report, and who had authorized and monitored the forced blood draw). To the Department’s credit, it also explored additional allegations that emerged in the course of the administrative investigation itself.
Outcome and Analysis
The Department ended up framing several specific charges, and the results were mixed:
both officers were found to be culpable regarding some allegations, but not others. While we concur with each of these outcomes within the scope of the investigation as framed, our own review of the materials raised issues about aspects of the encounter – particularly with regard to the use of force as reported and the claims of battery by the subject – that merited inclusion in the Department’s misconduct investigation. We discuss this concern below.
The investigation was handled by a PAPD executive. It had several strengths within the parameters of its limited scope, beginning with outreach to the Probation Department (for information about the subject’s specific terms and requirements) and the District Attorney’s Office (for discussion of the legalities of forced blood draw in light of recent court decisions).
Along with interviews of the subjects, the evidence included extensive recordings that were assessed systematically and analyzed in a clear fashion.51 Impressively, the investigation also used GPS mapping from the night of the incident to track the movements of the officer’s patrol car in relation to both the claimed actions and the time stamps of the various relevant videos.
The assessment of the forced blood draw issue seemed particularly thoughtful and thorough. In relation to the decision-making of the officer and supervisor, the investigation determined their basis for believing they were justified in doing the warrantless procedure: it was a court decision that related to blood draws for probationers (which the subject was at the time of the arrest). As the investigator surmised in the analysis portion of the memo, the relevance of the case was at least arguable, but it was also less than definitive. And, in fact, neither the Probation Department nor the District Attorney took a supportive position as to the court decision’s applicability when contacted as part of the PAPD review.52
51 For one helpful exhibit, surveillance video from the business where the incident took place was synced with body-worn camera recordings from the officer, thus providing a more complete view of what specifically transpired.
52 Interestingly, the subject himself was clearly cognizant of the conditions of his probation, which only required him to submit to a urine test. He articulated his (accurate) understanding in the moments prior to the blood draw, but it was not heeded. (The urine test was not offered in light of the officer’s concern that the subject would create a security concern if given the necessary freedom of movement.)
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46 Accordingly, the Department found that both the officer and supervisor had violated policy by subjecting the man to a forced blood draw without legal authorization. At the same time, both employees were exonerated of a separate charge that they had violated the PAPD blood draw policy in the manner of the procedure – which was recorded and had followed appropriate protocol.
The investigator’s memo also took the occasion to recommend refinements in Department policy (for more clarity regarding blood draw options in non-DUI cases such as this one) and more regular coordination and training with the District Attorney’s Office to answer questions and keep officers apprised of changes in authorized and preferred investigative techniques.53 This type of pro-active response to the “learning opportunities” presented by a given incident is a beneficial byproduct of internal review; the Department’s focus on these changes is commendable.
The other main issue in the case was the seeming disconnect between the subject’s actions (as captured on available video) and the officer’s report. This was driven by the District Attorney’s Office review of late-emerging surveillance videos from the business; the D.A. memo declining the case alluded to the absence of any suspected “hand to hand” drug transactions during the moments that preceded the officer’s engagement with the subject.54 The officer explained the seeming discrepancy in a way that was confirmed by the GPS analysis. The officer said that there was actually a gap of several minutes between the specific action that the officer considered to be a drug sale and their encounter with the subject, and described using that time to follow the vehicle that had departed from the parking lot immediately after interacting briefly with the subject, which had prompted the officer’s suspicion. Because they did not see a basis for stopping the car and questioning the occupants, the officer decided to return to the original location.
The investigator found this explanation credible (particularly as supported by the different technological evidence). Nonetheless, in the investigator's view, the omission of the driving interlude in which the officer followed the other parties was a gap in the officer’s report that rose to the level of a deviation from policy requirements. (Indeed, its significance was reinforced by the confusion that it caused for the prosecution in relation to the criminal case.) This was the basis for a second sustained violation against the officer.
53 To PAPD’s credit, it issued a directly responsive Training Memorandum, subsequent to this case, which it provided to the IPA for review.
54 While the officer recognized the subject and believed him to be an active probationer with search terms, confirmation of this did not occur until after the detention, use of force, and arrest. In the District Attorney’s view, this meant that the legitimacy of the initial detention of the man turned on reasonable suspicion of illegal activity. And this was a suspicion that was not clearly supported by the video evidence.
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47 To its credit, the Department also looked at additional issues. These included the propriety of the officer’s initial approach, which led to a finding that the assertion of authority to stop the subject had been justified. (The investigator did find room for improvement in the officer’s communication skills and efforts at explanation.) Also receiving scrutiny – and ending in the supervisor’s exoneration – was a review of why the crucial video evidence had not been acquired and utilized in the initial supervisory investigation into the use of force.
We considered each of these conclusions to be reasonable. At the same time, the bifurcation of the force analysis from the rest of the review seemed awkward.55 While a separate process does already exist for the supervisory review of every use of force, an incident that raises several different concerns and includes a significant force component probably warrants the inclusion of the force review into the broader investigation. This incident strikes us as a case in point. For example, our own consideration of the written report in relation to the video evidence raised concerns about the extent to which the “battery” charge against the subject (based on his alleged kicking of the officer) seemed corroborated. Given that reporting accuracy was already in play for the administrative review, the conscious ignoring of those elements in deference to the other process seemed suboptimal.
55 It should also be noted that the Department did not complete its official assessment of the use of force (deeming it within policy) for nearly six months – an unusual time lag that itself warranted managerial attention.
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48 Internal Workplace Investigations
Case 1: Allegation of Improper Bias in Promotional Process
Factual Overview:
This complaint was submitted by a PAPD member against Department leadership. It resulted from a promotional process for a supervisorial position that had included the complainant as one of the applicants. The officer was not selected and had concerns about the legitimacy of that outcome.
When the decision was announced, the complainant asked for and received the chance to discuss their perspective and prospects for promotion in the future. Meanwhile, the complainant shared additional concerns about what they considered to be conspicuous limitations in the Department's diversity at the managerial level. This was relevant in part because of the complainant's own identity. The complainant asserted that there was a basis for a lawsuit or Human Resources complaint, and this prompted PAPD leadership to request an outside investigation as to the validity of that perception.
Investigation and Outcome:
At the request of the City, a third-party professional investigator conducted the investigation into the complaint. The handling investigator relied upon interviews with both the complainant and the Department's key decision-maker for the process. The investigator also utilized pages of written documentation that were attached to the case file as exhibits.
These included emails and handwritten notes by participants, all of which related to the promotional process and its aftermath.
The interviews were central to the ultimate determination – in part because of the considerable overlap between the two people's versions and perspectives.
While straightforwardly denying that the complainant's race/ethnicity had worked to their detriment in any way, the decision-maker was also able to articulate a number of race- neutral factors for the outcome. The complainant's history with the agency – which included instances in which that person had been chosen for competitive assignments – and the high level of qualification shared by all the candidates (including others who had not been selected) were additional factors that justified the decision in a manner independent of bias.
Meanwhile, and significantly, the complainant told the investigator that they themselves did not personally believe that race was the ultimate reason for the promotion decision. Instead, the complainant explained, raising the issue was meant to bring attention to a larger Item 14
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49 dynamic, which they believed dated back several years and which merited consideration.
This was the fact that no sworn members of the current executive team (of nine people) at the agency were minorities.
Based on the aforementioned evidence, the investigator concluded that race had not been a determining factor in the decision-making process.56
IPA Review and Analysis:
We concurred with the finding that race had not been a part of the selection criteria and found the reasoning and the descriptions of the actual process to be persuasive. At the same time, the complainant's identification of an "area of concern" regarding the racial/ethnic makeup of the command staff seemed, in our view, to have been worthwhile.
As with this particular allegation, we have no specific reason to believe that bias – conscious or otherwise – has shaped PAPD decision-making regarding promotions, and we recognize that the selection process in any workplace commonly (if not inevitably) engenders a measure of disappointment among applicants who are not successful. Our understanding is that the Department leadership is appropriately conscious of the statistical reality cited by the complainant and is working with the City on promoting diversity and inclusion in constructive ways.
Case 2: Allegation of Discrimination/Hostile Work Environment
Factual Overview:
This complaint was submitted by a lower-ranking officer against a superior. It had two components (each of which was illustrated by different specific examples of the alleged problematic conduct). The first related to the complainant personally and involved an allegation of different types of mistreatment by the supervisor that was motivated by discriminatory animus on the basis of several characteristics protected by law and Department policy. In the second, the complainant officer shared information about several other employees whom the complainant identified as also being mistreated by the supervisor.
56 The investigative report makes an overt reference to being limited in its scope: it is presented as a "fact-finding" document that refrains from drawing legal conclusions or formally evaluating whether policies were violated. Nonetheless, the nature of the factual analysis is somewhat dispositive here, and the report goes so far as to describe allegations as "exonerated."
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50 Investigation and Outcome:
The complainant brought these concerns to the City's Human Resources Department, based in part on a sense that the Police Department administration was aware of the supervisor's reputation and inappropriate conduct but had not acted to address it. A third- party professional investigator conducted the investigation into the complaint in an effort to ensure its independence and objectivity.
The handling investigator conducted interviews with the complainant, the subject supervisor, and several Department members who had been cited by the complainant either as percipient witnesses or as parties who (per the complainant) had themselves allegedly experienced some form of inappropriate behavior from the subject. The investigator summarized her investigative efforts in a lengthy memo that addressed the two main categories of allegations separately.
With regard to the alleged mistreatment of the complainant, the investigation determined that the "preponderance of the evidence" did not establish a violation of relevant City policy.
This finding was further divided into individual conclusions for each of the specific examples of wrongful treatment that the complainant asserted. Some were addressed with a finding that the conduct had occurred but was not inherently improper. For others, the conduct at issue was recognized as being in some way ungracious, but it was found to be lacking in an established discriminatory motive.
With regard to the allegations that the supervisor had engaged in a pattern of mistreating other employees, the investigation again found there was insufficient proof that a City policy had been violated. The particulars of the supervisor's relationships with a number of named individuals were explored in detail. Though the inquiry yielded multiple examples of discord, none of the negative dynamics were found to be attributable to bias.57
57 As with the previous investigation cited above, the investigative report here is conscious about refraining from making final judgments as to appropriate legal or policy-based outcomes. Still, the factual conclusions that the investigator reaches (and explains) are somewhat definitive in stating a lack of sufficient evidence that policy violations occurred.
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51 IPA Review and Analysis:
We found this investigation to be a thorough58 and thoughtful one. The investigator's numerous interviews provided the majority of the evidence, and her analysis of each was carefully considered in reaching persuasive conclusions. This included credibility determinations that showed nuance and depth in assessing the different parties' perspectives. And individual relationships were considered as distinct entities that merited – and received – distinct evaluations.
The investigation revealed a substantial number of co-workers (which included peers as well as subordinates) who actively disliked the supervisor's manner of dealing with them. It is also important to note that several of the alleged incidents giving rise to the complaint were found to have occurred, but there was no evidence that the conduct at issue was motivated by bias in violation of Department policy or law.
While respecting this outcome, we considered the case to be a good candidate for a dynamic we have long encouraged in Palo Alto and elsewhere: the willingness of a law enforcement agency to go beyond the "bottom line" conclusions of investigations, and to see complaint cases and other review processes as opportunities for constructive intervention, even when formal discipline is not warranted. Accordingly, we were gratified to learn that PAPD management also saw fit to use the investigation's findings as a basis for taking concrete action to address identified performance issues and improve the work environment.
58 For example, one of the complaints related to a particular call for service. We were impressed to note that the investigator acquired (and transcribed) the relevant radio traffic as an element in her evaluation of that issue.
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52 "Pointed Firearm" Incidents
This is the third audit cycle featuring a review of the Department's administrative handling of incidents in which officers point their firearms at a subject in the context of an enforcement encounter. PAPD submitted the materials for a total of nine cases59, which is the largest total so far.60
The Department continues to refine protocols for this new category of internal review responsibility. The overall result appears to be a combination of imperfection and progress for the evaluation system. We noted an overall increase in issue-spotting and careful review on the one hand; on the other, terse summaries and lengthy delays in identifying incidents or finalizing the reviews were still apparent in some instances.61 Importantly, though, the total number of events remains in line with previous reporting cycles, and each of them was determined to be consistent with policy (though occasionally prompting an insight that led to training or counseling). We agreed with those assessments.
Officers seem to recognize and respect that weapon-pointing is a significant show of police authority that should be limited in purpose and duration.
The context for the nine deployments was as follows:
• Officers responded to reports about possible trespassers on private (but unoccupied) residential property. When the first of two subjects emerged into view, one officer briefly pointed their firearm until establishing that the man was unarmed and cooperative.
• Officers located a felony theft suspect lying under some shrubbery in the vicinity where a stolen bike had been abandoned. One officer gave commands and briefly pointed their weapon in the subject's direction until visually able to confirm that the man's hands were empty and he was cooperating. Surveillance camera footage later confirmed that this was the individual whom the police were seeking to apprehend. • Officers responded to a food store where a male subject, believed to be armed, walked into the employee breakroom, and sat down. Three officers made a tactical
59 As detailed below, the 2018 incident separately had a “firearm pointing” element to it; it formed the basis for discipline because the Agent failed to report it.
60 Two were holdovers from 2022, and two others carried over from the first half of 2023 – evidence of both the lingering need to refine these new protocols and the Department's retroactive diligence in addressing the events.
61In one case that was several months into 2023, an involved supervisor pointed his firearm but neglected to write a report about it as required by policy.
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53 entry to encounter the man, who did have a firearm in his waistband (and whom PAPD later learned had allegedly been involved in a shooting incident earlier that day). The officers advanced to the area outside the break room, and the lead officer pointed a rifle at the seated subject while establishing communication and quickly achieving his cooperation.
• Officers served a search warrant in connection with a suspected robbery. When they knocked and announced their presence, two subjects appeared at the front window and began to lift the blinds. This prompted the officer at the front of the entry team to point their firearm briefly until able to establish clear visual contact with the male and female and ensure their cooperation.
• Officers located a stolen vehicle soon after receiving an initial report about it. One officer drove in front of the subject, and that vehicle was rear-ended by the stolen car before it stopped. That officer pointed their firearm at the driver/suspect until ensuring his unarmed cooperation.
• Officers combined with campus law enforcement to conduct a high-risk vehicle extraction of two subjects who had been involved in an alleged road rage incident (with a gun possibly involved). Multiple officers pointed their weapons initially and in controlled fashion as they directed the cooperative parties to emerge from the vehicle and submit to handcuffing.
• Multiple officers responded to the parking lot of a mall area after the license plate of a stolen vehicle (which had been carjacked the day before) was detected by cameras.
A second car that was affiliated with the stolen car was nearby, and all seven individuals in the two cars were ultimately taken into custody after officers followed the vehicles and conducted a coordinated felony traffic stop. Three officers and two detectives (a subset of the overall PAPD personnel on scene) pointed their firearms at the outset of the contact with the subjects, based on the alleged crime and reports of a possible gun.
• Officers responded to the lobby area of a motel with information about a wanted subject who was experiencing a mental health concern. In response to the man's demeanor and ambiguous hand motions, one officer briefly pointed a rifle at the subject while giving directions; the man was extremely compliant. • A supervisor responded along with several other officers to the apprehension in daytime traffic of a stolen vehicle. Officers surrounded the car and several withdrew their firearms, though only one pointed it at the subject driver, who surrendered without further incident.
As mentioned above, the supervisory reviews (which now include a formal memo) ranged in their thoroughness and attention to detail. For the shorter ones, some of this was a function of the straightforward nature of the incidents themselves. In other instances, though, the Item 14
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54 concision gave the analysis a perfunctory quality.62 And there were examples where issues were identified without an attendant action item for follow-up.63 Conversely, a few of the supervisory evaluations showed the potential value of the process as not only an accountability measure but also another opportunity to scrutinize and improve upon performance more generally. One memo relating to the mid-day traffic stop of a stolen vehicle on a busy street identified five separate tactical or procedural concerns – and described the relevant managerial steps taken in response. Two others noted deficiencies in adherence to the body-worn camera policy by one or more involved officers; these were also addressed.
Profanity – a longtime issue on our review of PAPD cases generally – continued to figure in these specific encounters, with four of the nine featuring some element of aggressive language. While there is a difference between gratuitous vulgarity and the words that sometimes emerge in a more intense and adrenalized context, the exceptions should not swallow the rule established by policy. To the Department's credit, it is noting these events with apparent diligence, and we encourage the continued effort to monitor and hopefully dissuade.
Overall, PAPD appears to be settling in to its new "pointed firearm" protocol in constructive ways. We consider it a useful addition to the agency's efforts to evaluate and improve upon officer performance.
62 One memo, which was completed quite belatedly after an apparent lag in initial identification, was just a few lines long and did not address a second officer's apparent weapon point in the context of a high-risk traffic stop.
63 PAPD notes that there is currently no expectation that supervisors include the follow up action in these reports. However, consistent with our overarching philosophy of documented completeness, we recommend that PAPD advise their supervisors to report any informal action in the memorandum.
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DATE: APRIL 10, 2024
TO: HONORABLE CITY COUNCIL
FROM: CHIEF ANDREW BINDER
SUBJECT: USE OF FORCE REPORT SUPPLEMENT TO IPA REPORT
This memorandum responds to the City Council’s November 2020 direction to provide use of force summary data (which encompasses all use of force incidents in which a “Supervisor’s Report on Use of Force” has been completed by the Police Department) as an attachment to each Independent Police Auditor (IPA) report. Policy Manual §300 (“Use of Force”) requires that all uses of force by Police Department members “be documented promptly, completely, and accurately in an appropriate report.”
1 The policy also requires that, under certain circumstances, a “Supervisor’s Report on Use of Force” also be completed by the supervisor, and that report is routed for approval through the chain of command up to and including the Police Chief. Most commonly, a “Supervisor’s Report on Use of Force” is completed after an officer uses some form of force that results in a visible or apparent physical injury to a subject or the subject complains of pain or alleges they were injured.
Consistent with the IPA’s expanded scope of administrative review established by the City Council in November 2020, the Department forwards the following types of use of force cases to the IPA for review and recommendations: all cases where a subject’s injuries necessitate any treatment beyond minor medical treatment in the field, and all cases where an officer uses a baton, chemical agent, TASER, less- lethal projectile, canine, or firearm. The IPA’s scope of administrative review was further expanded in July 2021 to include cases when a firearm is pointed at a subject.
Consistent the practice established in the May 2023 iteration of this memorandum, the Department is choosing to release the race of the recipient(s) of any force used.
This summary covers the period of July 1, 2023 through December 31, 2023.
Use of Force Cases
From July 1, 2023 through December 31, 2023, the Police Department responded to more than 19,600 calls for service and effected more than 600 arrests. During that time, there were three cases where force requiring a “Supervisor’s Report on Use of Force” was used. The IPA’s reviews of those cases will appear in a future report, as all three of them occurred in the final eight weeks of 2023 and the administrative review of the incidents had not been completed in time for inclusion into the current report.
The race of the subjects upon whom force was used was Hispanic (2) and Asian.
1 The Palo Alto Police Department Policy Manual is updated quarterly and posted online at https://www.cityofpaloalto.org/Departments/Police/Public-Information-Portal/Police-Policy-Manual.
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Firearm Pointed at Person Cases
From July 1, 2023 through December 31, 2023, officers pointed a firearm at a person on eleven occasions.
The current IPA report includes a review of nine incidents during which officers pointed a firearm at a person: two occurred in 2022, three occurred in the first half of 2023, and four occurred in the second half of 2023. In their review of these nine incidents, the IPA concurred in each case with the Department’s findings that the pointing of the firearm was justified by the circumstances and consistent with policy. In the nine incidents described in the current IPA report, the race of the subjects at whom a firearm was pointed were white, Hispanic, white, Black (two people), white, Hispanic and unknown (two people), Black (seven people), Black, and Hispanic.
The seven remaining cases from the second half of 2023 continue to be in the administrative review process and will be sent to the IPA as soon as that process is completed.
July – December 2023 Use of Force Summary
Type of Force Number of Cases Status of IPA Review
Physical Strength 2 Will appear in future IPA report
Chemical Agent 0
TASER 0
Baton 0
Less-Lethal Projectile 1 Will appear in future IPA report
Canine 0
Firearm 0
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DATE: APRIL 10, 2024
TO: HONORABLE CITY COUNCIL
FROM: CHIEF ANDREW BINDER
SUBJECT: RESPONSE TO IPA RECOMMENDATIONS IN REPORT COVERING INVESTIGATIONS AS OF NOVEMBER 30, 2023
RECOMMENDATION 1: PAPD should assign administrative investigations to outside investigators when factors such as failure to report force, multiple involved subjects, and discovery delays suggest inherent complications.
The Department agrees and will assign administrative investigations to outside investigators in appropriate circumstances, which could include cases with the above complicating factors.
RECOMMENDATION 2: PAPD should develop protocols that instruct internal investigators to document any discussions with the District Attorney regarding potential criminal investigations into alleged officer misconduct.
The Department agrees that such discussions should be documented as appropriate for the investigation being conducted.
RECOMMENDATION 3: PAPD should develop protocols that call for the completion and resolution of administrative investigations absent special circumstances, even when it could delay them because of outstanding criminal proceedings or other tolling provisions.
The Department agrees and will continue to strive to complete and resolve administrative investigations as expeditiously as possible, considering all of the relevant circumstances, and proceeding in the City’s best interests.
RECOMMENDATION 4: PAPD should instruct internal affairs investigators to ensure that any potential performance issues are identified and addressed in the investigative report.
The Department agrees and will reinforce with investigators that any potential performance issues are identified and addressed in investigative reports.
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RECOMMENDATION 5: PAPD should work to devise an effective system so that officer performance issues that undermine a criminal prosecution can be communicated back to the agency for any appropriate investigation and corrective action.
The Department agrees and will work with court liaison staff and the District Attorney’s Office to access the feasibility of an effective procedure to communicate such issues for any appropriate follow-up action.
RECOMMENDATION 6: PAPD should continue to identify and promote problem-solving strategies that result in less conflict and reduce potential use of force situations.
The Department agrees and will continue to emphasize problem-solving strategies designed to reduce conflict and de-escalate situations whenever possible.
RECOMMENDATION 7: PAPD should use this or similar scenarios to reinforce to officers how their use of discretion should be wisely employed and to avoid taking any action that could be interpreted as retaliatory.
The Department agrees and will stress the wise use of discretion and the avoidance of actions that could be perceived as retaliatory in nature.
RECOMMENDATION 8: When information emerges during an internal investigation about potential shortcomings in managerial response to the underlying performance issues in the case, those issues should be pursued through additional lines of inquiry – including follow-up interviews of named personnel.
The Department agrees and will ensure that future investigations include such additional lines of inquiry whenever appropriate.
RECOMMENDATION 9: PAPD should devise protocols so that every claim that alleges misconduct is thoroughly reviewed and investigated as if a civilian complaint had been received.
The Department has since created a procedure where a captain evaluates every claim received, ensures that any alleged misconduct is thoroughly reviewed, and initiates any necessary follow-up investigation (to include a complaint investigation if warranted).
RECOMMENDATION 10: In future negotiations with the PAPOA, the City should consider the viability of other options than binding arbitration for appealing officer discipline.
The Department does not have a response to this recommendation, as it pertains to labor negotiations that are in the ultimate purview of the City Council.
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RECOMMENDATION 11: PAPD should provide annual training to its officers and supervisors about what constitutes a use of force, what is reportable force and how it should be documented, what the review of force process entails, and documentation requirements about alleged force and/or injury from arrestees.
The Department agrees and provided this specific training to all supervisors in December 2023, and to all sworn personnel in January 2024. The Department will continue to provide similar refresher training on an annual basis, as well as continue our longstanding practice of regular and ongoing team-level review of critical policies (such as use of force).
RECOMMENDATION 12: PAPD should review its training recordkeeping and compliance protocols to ensure that newly promoted supervisors complete the POST-mandated training in an appropriate timely fashion.
All current supervisors are in compliance with the POST-mandated training, and the Department has a protocol in place to send future newly-promoted supervisors to the training in a timely fashion.
RECOMMENDATION 13: PAPD leadership should formalize and promote its expectation that supervisors take advantage of MAV and body-worn-camera footage as an aid to reviewing officer performance in the field.
The Department agrees and has a policy in place that governs the supervisory review of field-based video evidence, with the expectation that the evidence be accessed in accordance with that policy as an aid to review officer performance.
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