HomeMy WebLinkAbout2013-04-01 City Council Agenda PacketCITY OF PALO ALTO
CITY COUNCIL
Regular Meeting
Council Chambers
April 1, 2013
7:00 PM
Agenda posted according to PAMC Section 2.04.070. Supporting materials are available in the
Council Chambers on the Thursday preceding the meeting.
1 April 1, 2013
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA
PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE.
DURING NORMAL BUSINESS HOURS.
* The agenda now includes time estimates for each section or item. These are provided as
part of the Council's effort to manage its time at Council meetings. Listed times are
estimates only and are subject to change at any time, including while the meeting is in
progress. The Council reserves the right to use more or less time on any item, to change
the order of items and/or to continue items to another meeting. Particular items may be
heard before or after the time estimated on the agenda. This may occur in order to best
manage the time at a meeting or to adapt to the participation of the public. To ensure
participation in a particular item, we suggest arriving at the beginning of the meeting and
remaining until the item is called.
Call to Order
Special Orders of the Day 7:00-7:20 P.M.
1. Proclamation Honoring the Neighbor's Abroad Delegation From Sister City
Oaxaca, Mexico
2. Selection of Candidates to be Interviewed for the Library Bond Oversight
Committee for Five Terms Ending on May 31, 2017
3. Selection of Candidates to be Interviewed for the Historic Resources
Board for One Unexpired Term Ending on May 31, 2014 and Three Terms
Expiring on May 31, 2016.
4. Selection of Candidates to be Interviewed for the Human Relations
Commission for Two Terms Expiring on March 31, 2016.
Agenda Changes, Additions and Deletions
HEARINGS REQUIRED BY LAW: Applications and/or appellants may have up to ten minutes at the outset of the
public discussion to make their remarks and put up to three minutes for concluding remarks after other members of
the public have spoken.
OTHER AGENDA ITEMS: Public comments or testimony on agenda items other than Oral Communications shall be
limited to a maximum of three minutes per speaker.
2 April 1, 2013
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA
PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE.
DURING NORMAL BUSINESS HOURS.
City Manager Comments 7:20-7:30 P.M.
Oral Communications 7:30-7:50 P.M.
Members of the public may speak to any item not on the agenda; three minutes per speaker. Council reserves the
right to limit the duration of Oral Communications period to 30 minutes.
Minutes Approval 7:50-7:55 P.M.
February 11, 2013
Consent Calendar 7:55-7:00 P.M.
Items will be voted on in one motion unless removed from the calendar by two Council Members.
5. Approval of Amendment Number One to the Water Supply Agreement
with the City and County of San Francisco
6. Policy and Services Committee Recommendation to Accept the Auditor's
Office Quarterly Report as of December 31, 2012 and Revised Workplan
7. Approval of Contract with D&M Traffic Services, Inc for a Total of
$150,000 to Provide On Call Traffic Safety Services
8. Approval of Enterprise Wastewater Treatment Fund Contract with
Kennedy/ Jenks Consultants in the Total Amount of $205,430 for the
Design of Dual Media Filters Optimization Project at Regional Water
Quality Control Plant - Capital Improvement Program Project WQ- 80021
9. Approval of Amendment Number 2 to Contract #C10131396 in the
Amount of $1,260,000 with CDM Smith Inc. to Provide Additional Services
Associated With the Reservoir, Pump Station, and Well at El Camino Park
and Mayfield Pump Station Augmentation Project WS-08002, for a Total
Not to Exceed Amount of $6,387,802
10.Approval of a Contract with Geosyntec Consultants in the Total Amount of
$241,000 for Preliminary Site Remediation Design and Permitting
Services for the Former Los Altos Treatment Plant Located at 1237 North
San Antonio Road (CIP PO-12002)
11.Approval of a Resolution Authorizing the City Manager to Submit a Grant
Application to the California Department of Water Resources for an
Enhanced Regional Flood Warning System for the San Francisquito Creek
Watershed
3 April 1, 2013
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA
PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE.
DURING NORMAL BUSINESS HOURS.
12.Appointment of Lanie Wheeler to the Emergency Standby Council,
Replacing Judy Kleinberg
Action Items
Include: Reports of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Reports of Officials, Unfinished Business and Council Matters.
8:00-8:45 P.M.
13.Approval of a Water Enterprise Fund Contract with RMC Water and
Environment, Inc. for a Total Not to Exceed Amount of $193,914 to
Complete the Environmental Analysis of Expanding the City's Recycled
Water Delivery System
8:45-9:45 P.M.
14.Approval of the 2013 Federal and State Legislative Program
9:45-10:15 P.M.
15.Direct City Clerk to Return Ballot Designating the City Council's Vote for
the Two League of California Cities Amendments to Membership Bylaws
10:15-10:45 P.M.
16.Authorization to the City Manager to Fly the Rainbow Flag in King Plaza
and Potential Adoption of a Resolution Authorizing the City Manager to Fly
the Rainbow Flag in King Plaza; and Possible Additional Discussion and
Action Adopting a Position Regarding Proposition 8 and/or the Federal
Defense of Marriage Act (DOMA)
10:45-10:55 P.M.
Council Member Questions, Comments and Announcements
Members of the public may not speak to the item(s)
Adjournment
AMERICANS WITH DISABILITY ACT (ADA) Persons with disabilities who require auxiliary aids or services in using
City facilities, services or programs or who would like information on the City’s compliance with the Americans with Disabilities Act (ADA) of 1990, may contact (650) 329-2550 (Voice) 24 hours in advance.
PUBLIC COMMENT Members of the Public are entitled to directly address the City Council/Committee concerning any item that is described in the notice of this meeting, before or during consideration of that item. If you wish to
address the Council/Committee on any issue that is on this agenda, please complete a speaker request card
located on the table at the entrance to the Council Chambers, and deliver it to the City Clerk prior to discussion of the item. You are not required to give your name on the speaker card in order to speak to the Council/Committee, but it is very helpful.
4 April 1, 2013
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA
PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE.
DURING NORMAL BUSINESS HOURS.
Additional Information
Standing Committee Meetings
Finance Committee Meeting Cancellation
Schedule of Meetings
Schedule of Meetings
Tentative Agenda
Tentative Agenda
Informational Report
City of Palo Alto Utilities Quarterly Update - 2nd Quarter of Fiscal Year
2013
Public Letters to Council Set 1 Set 2
CITY OF PALO ALTO
PROCLAMATION
HONORING DISTINGUISHED GUESTS FROM PALO ALTO’S
SISTER CITY OF OAXACA, MEXICO
WHEREAS, communication among people is the foundation of the Sister Cities program,
which attempts to promote international and intercultural understanding; and
WHEREAS, Oaxaca and Palo Alto joined together to work toward these ideals in 1964 by
forming Neighbors Abroad in Palo Alto and El Comité Ciudades Hermanas Oaxaca-Palo Alto,
A.C. in Oaxaca; and
WHEREAS, through the years the two cities have worked together to involve their respective
citizens in cultural exchanges, special programs, and award-winning projects; and
WHEREAS, the City of Oaxaca has sent a delegation of Honorable Dignitaries to Palo Alto to
participate in this visit; and
WHEREAS, the City of Palo Alto wants to extend a warm welcome to these visitors.
NOW, THEREFORE, I, H. Gregory Scharff, Mayor of the City of Palo Alto, on behalf of
the City Council do hereby welcome our Oaxaca visitors: Lic. Luis Ugartechea Begué,
Presidente Municipal: Lic. Manuel Alberto Maza Sánchez, State Fire Marshall: Lic. Marcela
Cabrera Alvarado, Chief Administrator of the Oaxaca Firefighters; Sra Patricia Molina
Gutiérrez, Director of Child-to-Child Health Program: Sra Josefina Hamilton Alvarez,
Orphanage Committee: Sra Marta Blanco Abascal, Orphanage Committee: Sra Soledad
Osogobio Cuevas, President of the Sister City Committee: Sra Maria del Pilar Zamora Morales,
Sister City Committee: Sra Marisela Flores Garza, Sister City Committee: Sra Maria Guadalupe
Hernandez Renteria, Sister City Committee, Ignacio Garcia Osogobio, Sister City Committee
and wish to thank the City of Oaxaca and its representatives for their significant and enthusiastic
contributions to the Sister City Program.
Presented: April 1, 2013
______________________________
H. Gregory Scharff
Mayor
CITY OF PALO ALTO OFFICE OF THE CITY CLERK
April 1, 2013
The Honorable City Council
Palo Alto, California
Selection of Candidates to be Interviewed for the Library Bond
Oversight Committee for Five Terms Ending on May 31, 2017
Attached are six applications submitted for five terms expiring on May 31, 2017 on the Library Bond Oversight Committee. Staff requests that the City
Council determine which candidates to interview. Interviews will be scheduled as a special meeting with the date to be determined.
Copies of all applications are attached. Some applications may be redacted at the request of the applicant. A full set of non-redacted applications will be emailed to Council Members directly.
The applicants are as follows:
1. Kelly George 2. Sandra Hirsh 3. John Melton 4. Dena Mossar 5. James Schmidt 6. Alice Smith
ATTACHMENTS:
Hirsh Application (PDF)
Kelly Application (PDF)
Melton Application (PDF)
Mossar Application (PDF)
Schmidt Application (PDF)
Smith Application (PDF)
Department Head: Donna Grider, City Clerk
Page 2
) Are you a Palo Alto resident?
• Do you have any relatives or members of your household who are
employed by the City of Palo A.lto, who are currently serving on
the City Council, or who are board members or commissioners?
• Are you available and committed to complete the term applied for?
• California. state law requires appointed committee members to file
a detailed disclosure of their financial interests, Fair Political
•
)
.. -l. Practices Commission, Conflict ofJntetest:, Fonn 700. Do you have an
investment in. or do you serve as an officer or director of, a company
doing business in Palo Alto which you believe is likely 1) to engage in
business with the City, 2) to provide products or services for City projects,
or 3) be affected by decisions of the committee you are
applying for?
If you answered yes, you may wish to consult with the City Attorney
before filing this application. Please contact the City Attorney's Office
at (650) 329-2171 to arfange an appointment.
Excluding your principal residence, do you own real property in Palo
Alto or within two miles of Palo Alto?
If you answ~ yes, you may wish to consult with the City Attorney
before filing this application. Please contact the City Attorney's Office
at (650) 329-2171 to arrange an appointment.
EMPLOYMENT
Present or last employer:
Name of Company Microsoft Corporation Occupation Senior User Experience Manager
________________ .(Ifretired,indicate..former.llccupation) __ ........... __ _
Signature of Applicant: i1.ii1J1t.d .-f:lJ..u L~ Date:_Y.y!'---1!f-!"},+-1 ........ 6+1 _____ _
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. '/ ' CITY OF PALO ALTO
;
CITIZEN OVERSIGHT COMMITTEE FOR EXPENDITURES
) OF LIBRARY BOND FUNDS
Supplemental Questionnaire ,
4. What is it about the Citizen Oversight Committee that ;interests you? What
qualities, experience and expertise would you bring to the Citizen Oversight
Committee?
I have had a long-tenn interest in libraries and especially in the Palo Alto library system.
I bring a strong background in libraries, with my educational training in libnuy and
information science and my service on the Palo Alto Library Commission for 6 years. I
am very interested in continuing to warkin ways that ultimately lead to improved
libraries in Palo Alto .
In addition to my library background, I have experience in managing projects and
overseeing work. In my work experiences at Hewlett Packard and Mi~osoft, I have
managed many complex projects, reviewed budgets, and ensured that schedules were
followed.
------------------,--------~----------,---
-'---'-----;-,--------:--::-------c-------c-'------c , 5. How would you see your role as a committee member in fulfilling the duties of
)
the Oversight Committee for library bond fund expenditures?
My role, as advisor to City Council, would be aimed at ensuring that the Measure N bond
money is spent as intended to improve libraries by reviewing the budget, financial
reports, and the auditor's financial audits.
CALIFORNIA CODES GOVERNMENT CODE SECTION 6250-6270: http://www.leginfo.ca.gov
6254.21. (a) No state or local agency shall post the home address or telephone number of any elected or appointed official on the
Internet without first obtaining the written permission of that individual.
(b) No person shall knowingly post the home address or telephone numb.er of any elected or appointed official, or of the official's
residing spouse or child, on the Internet knowing that person is an elected or appointed official and intending to cause imminent
great bodily harm that is likely to occur or threatening to cause imminent great bodily harm to that individual. A violation of this
subdivision
is a misdemeanor. A violation o.f this subdivision that leads to the bo.dily injury of the official, o.r his o.r her residingspo.use o.r child,
is a misdemeano.r o.r a felony.
(c) (1) (A) No perso.n, business, o.r association shall publicly post o.r publicly display o.n the Internet the ho.me address or
telephone number o.f any elected o.r appOinted o.fficial if that o.fficial has made a written demand o.f that perso.n, business, or
asso.ciatio.n to no.t disclo.se his Or her home ad.dress Or telephone
number.
(B) A written demand made under this paragraph by a state co.nstitutional officer, a mayor, or a Member of the Legislature, a city
co.uncil, or a board o.f supervisors shall include a statement describing a threat or fear for the safety of that official or of any person
residing at the Official's home address.
(e) A written demand made .under this paragraph by an elected official shall be effective for fo.ur years, regardless of whether or
not the o.fficial's term has expired prior to the end of the fo.ur-year period.
(D) (i) A person, business, or associatio.n that receives the written demand of an elected or apPOinted official pursuant to this
paragraph shall remove the offiCial's home .address o.rtelephone number from public display on the Internet, induding info.rmation
provided to. cellular telephone applicatio.ns, within 48 hours of delivery of the written demand, and shall continue to. ensure thatthis
info.rmatio.n is not reposted o.n the same Internet Web site, subsidiary site, or any o.ther Internet Web site maintained by the
recipient of the written demand.
(ii) After receiving the elected o.r appointed o.fficial's written demand, the person, business, or associatio.n shall not transfer the
appointed or elected official's home address or telephone number to any other person, business, or association thro.ugh any other
medium.
(iii) Clause (ii) shall not be deemed to prohibit a telephone corporation, as defined in Sectio.n 234 of the Public Utilities Code, or
its affiliate, from transferring the elected or appOinted official's home address or telephone number to. any person, business, or
aSSOCiation, if the tranSfer Is authorized by federal or state law, regulation, o.rder, or tariff, or necessary In the event of an
emergency, o.r to. collect a debt owed by the elected or appo.lnted official to the telephone corpo.ratio.n o.r its affiliate.
(E)Fo.r purposes o.f this paragraph, "publicly Po.st" o.r "publicly display" means to. intentio.nally communicate o.r o.therwise make
available to. the general public.
(2) An o.fficial who.se home address o.r telephone number is made public as a result o.f a vio.lation of paragraph (1) may bring an
action seeking injunctive o.r declarative relief in any Co.urt o.f competent jurisdictio.n. If a Co.urt finds that a vio.latio.n has
o.ccurred, it may grant injunctive or declarative relief and shall award the o.fficial Co.urt Co.sts and reaso.nable atto.rney's fees. A fine
no.texceeding o.ne tho.usand do.llars ($1,000) may be impo.sed fo.r a violation of the court's o.rder fo.r an injunction o.r declarative
relief obtained pursuant to. this paragraph.
(3) An elected or appOinted o.fficial may designate in writing the official's employer, a related governmental entity, or any
vo.luntary professio.nal association of similar o.fficials to. act, o.n behalf o.f that official, as that official's agent with regard to making a
written demand pursuant to this section. A written demand made by an agent pursuant to. this paragraph shall include a statement
describing a threat o.r fear fo.r the safety o.f that official o.r o.f any perso.n residing at the official's ho.me address.
--------(cnit)No pel SOl I, basi I less;urcrssociatto.rrshatl-so1tcit;-selr,o.rtratte-urrtheintemettheiToi I Ie add I ess-orteteptrorre-numberof---------·-------------
an elected o.r apPOinted offiCial with the Intent to cause Imminent great bodny harm to EneOftlclal o.r to. any perso.n residing at fhe
official's home address. .
(2) No.twithstanding any o.ther law, an official whose ho.me address or telephone number is solicited, sold, or traded in vio.lation of
paragraph (1) may bring an actio.n in any Co.urt o.f competent jurisdiction. Ifa jury or court finds that a vio.latio.n has o.ccurred, it
shall award damages to that o.fficial in an amo.unt up to a maximum of three times the actual damages but in no. case less than four
thousand do.llars ($4(000).
(e) An interactive computer service or access so.ftware provider, as defined in Section 230(f) o.f Title 47 of the United States
Co.de, shall not be liable under this sectio.n unless the service or pro.vider intends to. abet or cause imminent great bodily harm that
is likely to. o.ccur o.r threatens to. cause imminent great bo.dily harm to an
elected or appo.inted o.fficial.
(f) For purpo.ses o.f this sectio.n, "elected or appo.inted official" includes, but is no.t limited to, all of the follo.wing: (1)
State co.nstitutio.nal officers, 2) Members o.f the Legislature, (3) Judges and court co.mmissioners, (4) District attorneys, (5) Public
defenders, (6) Members o.f a city council, (7) Members o.f a bo.ard of superviso.rs, (8) ApPOintees o.fthe Governor, (9) Appo.intees of
the Legislature, (10) Mayors, (11) City attorneys, (12) Police chiefs and sheriffs, (13) A public safety o.fficial, as defined in Sectio.n
6254.24, (14) State administrative law judges, (15) Federal judges and federal defenders, (16) Members of the United States
Congress and appo.intees of the President.
(g) No.thing in this section is intended to preclude punishment instead under Sectio.ns 69, 76, or 422 o.f the Penal Co.de, or any
o.ther provision o.f law.
Bds/Commissions -702-23 2/14/2013
) )
CITY OF PALO ALTO
CITIZEN OVERSIGHT COMMITTEE FOR EXPENDITURES
) OF LIBRARY BOND FUNDS
Supplemental Ouestionnaire
4. What is it about the Citizen Oversight Committee that interests you? What
qualities) experience and expertise would you bring to the Citizen Oversight
Committee?
• M~~ Cfrl1 Ceu""'L.. r' .... """""'" c"","'-I ~Eo ~Q ;r-Ib~ o~ ~I'I--l{~ (c/'f""~ 0";& 01= 71l6SE" '1~
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"' I TIl o/1DWoJ A<-r ze61v/lZ~ ""-'1""-' ~o 1>'\1:C S6eiOU<:!.ur
~ IZC>A>"'SI ElIU ne OF CoM ...... , net-:>6WI<'E, •
j 5. How would you see your role as a committee member in fulfilling the duties of
)
the Oversight Committee for libmry bond fund expenditures?
Rr-., p.. CoMI-'i,rr-t-A~~ X WOUlC B~ b~& 6"1= A
'i'AtJE:L Of" I"'IU~. wco We L'-iJ-Ee;-o.v~ '" f2WleJ
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11A"," Bv OE,E'T f'tYZ.-c"N S I .. r<,u "'1 . Wi r1t M~.o.t f..l -..i ~
• ~ n<~ " ... n:i'£f'JAL. AVOI ToIL'.> I'k'()/ 1"' ~'. '------
:r: f'VU..A1 u"'~r",...'" A1uD R"'t.~ r»M'T11~ Co,_ , ' . I
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CITY OF PALO ALTO
cmZEN OVERSIGHT COMMIlTEE FOR EXPENOITURES OF
LIBRARY BOND FU DS
Please return to:
Office of the City Clerk
250 llamilton Avenue
Palo Alto. CA 94301
(650) 329-2571
Supplemental Questionnaire
NAME: __ James Schmidt
DATE: __ AprillO, 2009
Please print or type your answers to the following questions and submit with your completed
application. You may submit additional sheets, if necessary, to complete your answers.
1. Have you attended any of the following meetings?
Library Advisory Commission .
• Park. and Re~ation Commission
Date __ ~ _______ _
Yes
X
X
2. How did you leam about the vacancy on the Citizen Oversight Committee?
-------------".------.. -------.---.-.-~ .. ------------feommunity-6roup _X_ Newspaper--A:d----..... Place-ofEmployment~--------
Utility Bill Stuffer __ City Clerk's Office __ . _ City website _----'
Other(Specify) ________ ~ ________ _
3. Describe your involvement in community activities, volunteer and civic organizations.
I am a two term member of the FoPal board, a volunteer cashier at the Monthly FoPal
booksale. I was a member of the Steering Committee of the Campaign for Better
Libraries for PaloAlto i.e. Measure N.
)
CITY OF PALO ALTO
CITIZEN OVERSIGHT COMMITTEE FOR EXPENDITURES
OF LIBRARY BOND FUNDS
SURplemental Questionnaire
4. What is it about the Citizen Oversight Committee that interests you? What
qUalities, experience and expertise would you bring to the Citizen Oversight
Committee?
I have been involved as a consultant or as the in~\1IIlbent manager in 18 library capital
projects in Michigan, Connecticut, Texas, Ohio, Rhode Island, Mississippi,
California (San Jose's MLK Library).
5. How would you see your role as a committee member in fulfilling the duties of
the Oversight Committee for library bond fund expenditures?
The oversight committee's responsibility is to represent the voters of Palo Alto by
assuring that the funds from the Measure N bonds are used only for the purposes
...... -... ········.·-.·-.···.-------'statedin the Measure. -.... ---------.-.,
)
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CITY OF PALO ALTO
CITIZEN OVERSIGHT COM MITTEE FOR EXPENDITURES
OF LIB RARY BON D FUNDS
SURRlemental Questionnaire
Please return to:
Office of the City Clerk
250 Hamilton Avenue
Palo Alto, CA 94301
(650) 329-2571
NAME: Alice Smith
DATE: April 8, 2009
Please print or type your answers to the following questions and submit with your
completed application. You may submit additional sheets, if necessary, to complete your
answers.
1. Have you attended any of the following meetings?
• Library Advisory Commission
• Park and Recreation Commission
Date: I attended an open joint meeting earlier this spring. No idea what date.
2. How did you learn about the vacancy on the Citizen Oversight Committee?
Community Group Newspaper Ad Place of Employment
Utility Bill Stuffer City Clerk's Office __ City website __
Other.,(Specify) City Clerk's notice sent to PQ10 Alto Neighborhood
3. Describe your involvement in community activities, volunteer and civic
organizations.
I am on the board of the Silicon Valley Chapter of the Red Cross, the Mid-
P~ula Cl1apler of the American' Civil Liberties Union, Northern CA
Committee for Human Rights Watch and the ACLU Northern California. I am
co-chair of the Dean Democratic Club of Silicon Valley.
3
CITY OF PALO ALTO OFFICE OF THE CITY CLERK
April 1, 2013
The Honorable City Council
Palo Alto, California
Selection of Candidates to be Interviewed for the Historic Resources
Board for One Unexpired Term Ending on May 31, 2014 and Three
Terms Expiring on May 31, 2016.
Attached are four applications submitted for one unexpired term ending on May 31, 2014 and three terms expiring on May 31, 2016 on the Historic Resources Board. Staff requests that the City Council determine which candidates to interview. Interviews will be scheduled as a special meeting with the date to be determined.
Copies of all applications are attached. Some applications may be redacted at the request of the applicant. A full set of non-redacted applications will be emailed to Council Members directly.
The applicants are as follows:
1. David Bower 2. Beth Bunnenberg 3. Patricia DiCicco 4. Margaret Wimmer
ATTACHMENTS:
Bower Application (PDF)
Bunnenberg Application (PDF)
DiCicco Application (PDF)
Wimmer Application (PDF)
Department Head: Donna Grider, City Clerk
Page 2
• _':~'l\ t.
)
4.
CITY OF PALO ALTO
HISTORIC RESOURCES BOARD
Supplemental Questionnaire
What is it about the Historic Resources Board that Interests you? What
qualities, experience and expertise would you bring to the Historic Resources
Board?
My parents' families both came to Palo Alto in the early 1900's and were active in community life. One of my
grandfathers (Kendall Bower) was well-known as a real estate broker; lily other grandfather (Jimmy Saitta) was a regular
presence at his coffee shop at the Pald Alto Golf Course md established the Palo Club. I inyself am a life-long resident
of Palo Alto. As a result, I have a strong personal and familial devotion to our community. ProfeSsionally, I have been
involved in residential construction in Palo Alto since 1975, when I established my first construction company. In ~
work, I have been very involved with Palo Alto housing, especially since much of my early work involved remodeling of
older Palo Alto homes. With the combination of my family history in this coDmnmity and my 30-plus years ofh~
building and remodeling work, I bring extensive familiarity with Palo Alto and its history, and with the full range of
issues around the management, maintenance, preservation and replacement of comnmnity builctings.
5. How would you see your role as a commissioner when recommending policy
and working with the Council? r
As the Historic Resources Board is an advisory group to the City Council, I see the Board's responsibility as freeing the
Council from. .the detailed engagement in issues related to managing the city's architectural heritage, thus allowing it to
+'.pcus on other pressing community problem!. As a commissioner on the Board'recoriunending policy and working with
.!xe. Council, I would envision my role as a conduit between the Council arid the community, which would allow me to
eichange ideas between the two groups.
6. What are the current issues that the Historic Resources Board. will face?
,
I believe that one of the main issues facing'the Board at present is balancing the community's need to protect its
architectural heritage with the need of individual property owners to upgra4e and modernize their properties.
7. If appOinted, what specific goals would you like to. see the Historic Resources
. Board achieve?
I would like to lieJp the Board develop long-term preservation goals to meet the needs of both the larger community md
the property owners in it.
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Honorable Members of the Palo Alto City Council
Att: City Clerk
February 26,2013
Re: Application for reappointment to the Palo Alto Historic Resources Board
Thank you for the priviledge of serving on the Historic Resources Board for the past twelve years.
It is a very stimulating and rewarding opportunity to serve the community. If the Council chooses to
reappoint me, I will gladly accept another term.
I appreciate The support of the Planning and Transportation Department staff I particularly
appreciate the assistance to the Board given by Steven Turner and the invaluable services of
Preservatio Planner Dennis Backlund for his knowledge and experience in the field. Palo Alto's
preservation successes are a team effort.
As an addendum to my previous application I wish to add a list of California Preservation
Foundation (CLG) training sessions that I have attended during the period 2010 throudh 2013.
Adaptive Reuse of Historic Buildings, Monteray ,CA
Understanding Design Guidelines,San Francisco,CA
Rehabilitation from Conception through Construction (California Hotel project),Oakland CA
February 7,2013
Thank you for your consideration of my application.
Sincerely yours,
~~
Leta Beth Bunnenberg
Certified Local Government Professional Qualifications (Addendum)
Local Government: City of Palo Alto,' CA
Name: Leta Elizabeth (Beth) Bunnenberg Historic Resources Board
Member
Date of Appoi.ntment 5/31/2001 Date expired 5/31/201/ !)
Lay member wi.th profesSional ~rajnj.ng' !volunteer experience
B~chelor of Scien~e Degree, texas Women's Universi.ty, Denton,TX
Minor in History
Major in Art Education
Course work included 4 semesters of Art / Architectural
History
California Teaching Credenti.al to teach ART
Secondary, School ( grades'K through 12)
(expired 199~ after my retiiementl
and
Two Years full timee"Xperience (volunteer) in .h.i.s tory:
f!f \ye-ars. as ArchiVes Chair bf' the Palo Alto Historical Association
serving ap-pro:x~.ITiately8 hours per week as supervisor of voluri.teers
and Qccasion}1J. suhstjtute for the histori.anat the historian's -desk
of _ Palo Alto Hi,storical Association Archives (City owned
historic miteriat~)
3 years Co-Chai.r· of Volunteers pOlngResearch for the ~eseaich .
for" the Palo A1t() HLstoric Bui.ldi.~g Survey done. by 'Dame.s ,and '
Moore (1997~1999) and ohgolngupdate and supervts·i.on o.f these.
, HIes·,
la\years on the Ekhibits Committee of the Museum of American
Heri.tage, :palo Alto ,as local hi.story liaison wi.th prime
respon~ibi.lity ftit organizing and installi~g exhibits relating
to Palo Alto history
'V research ~ writing' Yj,'nterpret
V other (docent)
Please Return to:
Office of the City Clerk
250 Hamilton Avenue
Palo Alto, CA 94301
650-329-2571
CITY OF PALO ALTO
Historic Resources Board
SUPPLEMENTAL QUESTIONNAIRE
Name: Margaret Wimmer
Date: 2/21/2013
Please print or type your answers to the following questions and submit with your completed application. You may submit
additional sheets, if necessary, to complete your answers.
1. Have you attended the following meeting? Yes No
• Historic Resources Board [l] (Date: -----') D
2. How did you Learn about the vacancy on the Historic Resources Board?
Community Group: D Palo Alto Weekly: D
Email from City Clerk: D Library Bulletin Board: D
Other, Please Specify: asked Steven Turner about it
3. Check Any That Apply:
The Daily Post: D
FlyerfBookmark: D
D I own or occupy a category 1 or 2 historic structure, or a structure in a historic neighborhood rn I am an architect, a landscape architect, a building designer, or other design professional
I .f I I have an academic education or practical experience in history or a related field
4. Describe your involvement in community activities, volunteer and civic organizations.
Past member of the Junior League PA-MP.
Past volunteer for the Cantor Center for the Visual Arts thru the "Next-Gen" group.
Bds/Commissions -702-23 8/31/2011
5. What is it about the Historic Resources Board that interests you? What qualities, experience and expertise would
you bring to the Historic Resources Board?
I have always been interested in Historic Architecture and design, as it is the
foundation of the homes that are designed today.
I have a degree from the College of Architecture at Arizona State University.
I am a self-employed residential designer based in Palo Alto.
I have worked on Historic Projects (lastly, The Chambers Residence at 450 Kingsley
Avenue) that has required presentation to the HRB.
6. How would you see your role as board member when recommending policy and working with the Council? If it
were necessary to change current roles, how would you approach making such changes?
I don't think I can accurately answer this question without more information.
In general, I would be supportive of the board and offer my thoughts and educated
opinions as best I can in regard to changing any roles, etc.
7. What are the current issues facing the Historic Resources Board?
Maintaining the current Historic Inventory and preserving the historic architectural character of the city. Also to have a format and enforcement ability to do so.
8. If appointed, what specific goals would you like to see the Historic Resources Board achieve?
Greater public awareness.
Ease of ability to work with the owners of historic structures in a way that allows them
to maintain and utilize the structures as necessary, while being obligated to follow the
historic guidelines and requirements that are enforced by the city.
Bds/Commissions -702-23 8/31/2011
CITY OF PALO ALTO OFFICE OF THE CITY CLERK
April 1, 2013
The Honorable City Council
Palo Alto, California
Selection of Candidates to be Interviewed for the Human Relations
Commission for Two Terms Expiring on March 31, 2016.
Attached are four applications submitted for two terms expiring on March 31, 2016 on the Human Relations Commission. Staff requests that the City
Council determine which candidates to interview. Interviews will be scheduled as a special meeting with the date to be determined.
Copies of all applications are attached. Some applications may be redacted at the request of the applicant. A full set of non-redacted applications will be emailed to Council Members directly.
The applicants are as follows:
1. ZuChong Liu 2. Adrienne Murphy 3. Jill O’Nan 4. Greer Stone
ATTACHMENTS:
Liu Application (PDF)
Murphy Application (PDF)
O'Nan Application (PDF)
Stone Application (PDF)
Department Head: Donna Grider, City Clerk
Page 2
5. How would you see your role as board member when recommending ~olicy and workin; with the Council? Ifit
were necessary to change current roles, how would you approach makmg such changes.
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' .I /TTt>, 'R"'.JJr 5' . .(',-.e~ 4114 cm~/';.$. 9/1/2011 V./ Q"' . BasjCommisslons -702-23
CALIFORNIA CODES GOVERNMENT CODE SECTION 6250-6270: http://www.leginfo.ca.gov
6254.21. (a) No state or local agency shall post the home address or telephone number of any elected or appointed official
on the Internet without first obtaining the written permission of that individual,
(b) No person shall knowingly post the home address or telephone number of any elected or appOinted offiCial, or of the
official's residing spouse or child, on the Internet knowing that person is an elected or appOinted official and intending to
cause imminent great bodily harm that is likely to occur or threatening to cause imminent great bodily harm to that
individual. A violation of this subdivision
is a misdemeanor. A violation of this subdivision that leads to the bodily injury of the official, or his or her residing spouse or
child, is a misdemeanor ora felony.
(c) (1) (A) No person, business, or association shall publicly post or publicly display on the Internet the home address or
telephone number of any elected or appOinted official if that official has made a written demand of that person, business, or
association to not disclose his or her home address or telephone
number.
(B) A written demand made under this paragraph by a state constitutional officer, a mayor, or a Member of the Legislature,
a city council, or a board of supervisors shall include a statement describing a threat or fear for the safety of that official or of
any person residing at the official's home address.
(C) A written demand made under this paragraph by an elected official shall be effective for four years, regardless of
whether or not the official's term has expired prior to the end of the four-year period.
(D) (i) A person, buSiness, or association that receives the written demand of an elected or appOinted official pursuant to
this paragraph shall remove the official's home address or telephone number from public display on the Internet, including
information provided to cellular telephone applications, within 48 hours of delivery of the written demand, and shall continue
to ensure that this information is not reposted on the same Internet Web site, subsidiary site, or any other Internet Web site
maintained by the recipient of the written demand.
(ii) Afterreceiving the elected or appOinted official's written demand, the person, buSiness, or association shall not transfer
the apPOinted or elected official's home address or telephone number to any other person, business, or association through
any other medium.
(iii) Clause (ii) shall not be deemed to prohibit a telephone corporation, as defined in Section 234 of the PubliC Utilities
Code, or its affiliate, from transferring the elected or appOinted official's home address or telephone number to any person,
business, or association, if the transfer is authorized by federal or state law, regulation, 'order, or tariff, or necessary in the
event of an emergency, or to collect a debt owed by the elected or appOinted official to the telephone corporation or its
affiliate.
(E) For purposes of this paragraph, "publicly post" or "publicly display" means to intentionally communicate or otherwise
make available to the general public.
(2) An offiCial whose home address or telephone number is made public as a result of a violation of paragraph (1) may
bring an action seeking injunctive or declarative relief in any court of competent jurisdiction. If a court finds that a violation
has
occurred, it may grant injunctive or declarative relief and shall award the official court costs and reasonable attorney's fees. A
fine not exceeding one thousand dollars ($1,000) may be imposed for a violation of the court's order for an injunction or
declarative relief obtained pursuant to this paragraph.
(3) An elected or appOinted official may deSignate in writing the offiCial's employer, a related governmental entity, or any
voluntary professional association of similar officials to act, on behalf of that official, as that official's agent with regard to
making a written demand pursuant to this section. A written demand made by an agent pursuant to this paragraph shall
include a statement describing a threat or fear for the safety of that offiCial or of any person residing at the official's home
address.
(d) (1) No person, buSiness, or association shall solicit, sell, or trade on the Internet the home address or telephone
number of an elected or apPOinted offiCial with the intent to cause imminent great bodily harm to the official or to any person
residing at the official's home address.
(2) Notwithstanding any other law, an official whose home address or telephone number is solicited, sold, or traded in
violation of paragraph (1) may bring an action in any court of competent jurisdiction. If a jury or court finds that a violation
has occurred, it shall award damages to that official in an amount up to a maximum of three times the actual damages but in
no case less than four
thousand dollars ($4,000).
(e) An interactive computer service or access software provider, as defined in Section 230(f) of Title 47 of the United States
Code, shall not be liable under this section unless the service or provider intends to abet or cause imminent great bodily harm
that is likely to occur or threatens to cause imminent great bodily harm to an
elected or appOinted official.
(f) For purposes of this section, "elected or appOinted official" includes, but is not limited to, all of the following:
(1) State constitutional officers, 2) Members of the Legislature, (3) Judges and court commissioners, (4) District attorneys,
(5) Public defenders, (6) Members of a city council, (7) Members of a board of supervisors, (8) AppOintees of the Governor,
(9) ApPOintees of the Legislature, (10) Mayors, (11) City attorneys, (12) Police chiefs and sheriffs, (13) A public safety
official, as defined in Section 6254.24, (14) State administrative law judges, (15) Federal judges and federal defenders, (16)
Members of the United States Congress and appOintees of the President.
(g) Nothing in this section is intended to preclude punishment instead under Sections 69, 76, or 422 of the Penal Code, or
any other provision of law.
Bds/Commissions -702-23 9/1/2011
Please Return to:
Office of the City Clerk
250 Hamilton Avenue
Palo Alto, CA 94301
650-329-2571
)
CITY OF PALO ALTO
HUMAN RELATIONS COMMISSION
SUPPLEMENTAL QUESTIONNAIRE
Name: Adrienne Murphy PhD, MBA
Date: 3/8/2012
Please print or type your answers to the following questions and submit with your completed application. You may submit
additional sheets, if necessary, to complete your answers.
1. Have you attended the following meeting?
• Human Relations Commission
Yes D (Date: -------'-
No
[l]
2. How did you Learn about the vacancy on the Human Relations Commission?
Community Group: [l] Palo Alto Weekly: D The Daily Post: D
Email from City Clerk: D Library Bulletin Board: D FlyerlBookmark: D
Other, Please Specify: I was unaware of this Commission, but very happy to have found it.
3. Describe your involvement in community activities, volunteer and civic organizations:
I work with college educated mothers to enable their ambition retention once children
arrive. Volunteer at Ohlone School, Casa Dei Bambini -Diversity Council, Santa
Clara School of Engineering Gender Awareness, Watermark Women.
4. What is it about the Human Relations Commission that interests you? What qualities, experience and expertise
would you bring to the Human Relations Commission?
My hands on business experience ensuring diversity in human resources. My Ph.D is
focused on the lived experiences of college educated women, and I am engaged in
gender and diversity promotion with Watermark Women, Santa Clara University, and
the Diversity Council
Bds/Commissions -702-23 9/1/2011
)
5. How would you see your role as board member when recommending policy and working with the Council? Ifit
were necessary to change current roles, how would you approach making such changes?
As a board member I would undertake any assignments from the Council. I would
become fully acquainted with current programs and processes and best in class
opportunities. I would remain fully aware risks and limiters associated with all change
and create a co-operative pathway.
6. What are the current issues facing the Human Relations Commission?
Citizens United rulings and concerns regarding money and politics
Equal opportunity and access
Mediation
Developmental Assets
7. If appointed, what specific goals would you like to see the Human Relations Commission achieve?
Create awareness of the emergence of gender, diversity equity seals, and gender
diversity management practices globally and position Palo Alto to be a leader in this
emerging trend.
Evaluate consequences of management structures, budgets, work schedules or
allocation of city resources on pathways to producer,consumer,leadership and
investment opportunities across our diverse population.
Bds/Commissions -702-23 9/1/2011
..
;'
CALIFORNIA CODES GOVERNMENT CODE SECTION 6250-6270: http://www.leginfo.ca.gov
6254.21. (a) No state or local agency shall post the home address or telephone number of any elected or appointed official
on the Internet without first obtaining the written permission of that individual.
(b) No person shall knowingly post the home address or telephone number of any elected or appointed official, or of the
official's residing spouse or child, on the Internet knowing that person is an elected or appOinted official and intending to
cause Imminent great bodily harm that is likely to occur or threatening to cause imminent great bodily harm to that
individual. A violation of this subdivision
is a misdemeanor. A violation of this subdivision that leads to the bodily injury of the official, or his or her residing spouse or
child, is a misdemeanor or a felony.
(c) (1) (A) No person, business, or association shall publicly post or publicly display on the Internet the home address or
telephone number of any elected or appOinted official if that official has made a written demand of that person, business, or
association to not disclose his or her home address or telephone
number.
(B) A written demand made under this paragraph by a state constitutional officer, a mayor, or a Member of the Legislature,
a city council, or a board of supervisors shall include a statement describing a threat or fear for the safety of that official or of
any person residing at the official's home address.
(C) A written demand made under this paragraph by an elected official shall be effective for four years, regardless of
whether or not the official's term has expired prior to the end of the four-year period.
(D) (i) A person, business, or association that receives the written demand of an elected or appointed official pursuant to
this paragraph shall remove the official's home address or telephone number from public display on the Internet, including
information provided to cellular telephone applications, within 48 hours of delivery of the written demand, and shall continue
to ensure that this information is not reposted on the same Internet Web site, subsidiary site, or any other Internet Web site
maintained by the recipient of the written demand.
(ii) After receiving the elected or appointed official's written demand, the person, business, or association shall not transfer
the appOinted or elected official's home address or telephone number to any other person, business, or aSSOCiation through
any other medium.
(iii) Clause (ii) shall not be deemed to prohibit a telephone corporation, as defined in Section 234 of the Public Utilities
Code, or its affiliate, from transferring the elected or appOinted official's home address or telephone number to any person,
bUSiness, or aSSOCiation, if the transfer is authorized by federal or state law, regulation, order, or tariff, or necessary in the
event of an emergency, or to collect a debt owed by the elected or appOinted official to the telephone corporation or its
affiliate.
(E) For purposes of this paragraph, "publicly post" or "publicly display" means to intentionally communicate or otherwise
make available to the general public.
(2) An official whose home address or telephone number is made public as a result of a violation of paragraph (1) may
bring an action seeking injunctive or declarative relief in any court of competent jurisdiction. If a court finds that a violation
has
occurred, it may grant injunctive or declarative relief and shall award the official court costs and reasonable attorney's fees. A
fine not exceeding one thousand dollars ($1,000) may be imposed for a violation of the court's order for an injunction or
declarative relief obtained pursuant to this paragraph.
(3) An elected or appointed official may designate in writing the official's employer, a related governmental entity, or any
voluntary professional association of similar officials to act, on behalf of that offiCial, as that official's agent with regard to
making a written demand pursuant to this section. A written demand made by an agent pursuant to this paragraph shall
include a statement describing a threat or fear for the safety of that official or of any person residing at the official's home
address.
(d) (1) No person, business, or association shall solicit, sell, or trade on the Internet the home address or telephone
number of an elected or appointed official with the intent to cause imminent great bodily harm to the official or to any person
residing at the official's home address.
(2) Notwithstanding any other law, an official whose home address or telephone number is solicited, sold, or traded in
violation of paragraph (1) may bring an action in any court of competent jurisdiction. If a jury or court finds that a violation
has occurred, it shall award damages to that official in an amount up to a maximum of three times the actual damages but in
no case less than four
thousand dollars ($4,000).
(e) An interactive computer service or access software provider, as defined in Section 230(f) of Title 47 of the United States
Code, shall not be liable under this section unless the service or provider intends to abet or cause imminent great bodily harm
that is likely to occur or threatens to cause imminent great bodily harm to an
elected or appointed official.
(f) For purposes of this section, "elected or appointed official" includes, but is not limited to, all of the following:
(1) State constitutional officers, 2) Members of the Legislature, (3) Judges and court commissioners, (4) District attorneys,
(5) Public defenders, (6) Members of a city council, (7) Members of a board of supervisors, (8) AppOintees of the Governor,
(9) AppOintees of the Legislature, (10) Mayors, (11) City attorneys, (12) Police chiefs and sheriffs, (13) A public safety
offiCial, as defined in Section 6254.24, (14) State administrative law judges, (15) Federal judges and federal defenders, (16)
Members of the United States Congress and appointees of the President.
(g) Nothing in this section is intended to preclude punishment instead under Sections 69, 76, or 422 of the Penal Code, or
any other provision of law.
Bds/Commissions -702-23 9/1/2011
Please Return to:
Office of the City Clerk
250 Hamilton Avenue
Palo Alto, CA 94301
650-329-2571 .
CITY OF PALO ALTO
HUMAN RELATIONS COMMISSION
SUPPLEMENTAL QUESTIONNAIRE
Name: Jill O'Nan
Date: January 28, 2010
Please print or type your answers to the following questions and submit with your completed application. You may
submit additional sheets, if necessary, to complete your answers.
1. Have you attended the following meeting? Yes No
• Human Relations Commission X (Date: 2-1-2010)
(study session with City Council)
• Human Relations Commission X (Date: 2-11-2010)
2. How did you Learn about the vacancy on the Human Relations Commission?
Community Group: __ Palo Alto Weekly: __ Palo Alto Weeldy Online: __ .
Email from City Clerk: __ Library Bulletin Board: Fogster.com: __
Other, Please Specify: ______ .::E:;:;m:;:;a1:;:;·1.::no.:;.:tl::;,;:·ce:.;;..;:;fo;;;;,rw.:.;,.=8r.::ded;:,=..;by::J....:c:,::urr:=.en=1..::;.bo::.::ar=.;d::,;m=em:;:;' ber==-_____ _
3. Describe your involvement in community activities, volunteer and civic organizations:
I am a relative newcomer to community service. In the past, like many Silicon Valley professionals, I worked
long hours, which did not leave much time for civic engagement. Recendy, however, I have come to
appreciate that the wonderful city I have lived in for the past two decades does not happen by magic. In 2009
I spent several months working on Dan Dykwel' s campaign for city council, and had a chance to meet a
number of community leaders and elected officials. This experience let me firsthand see how much effort
goes into making Palo Alto the outstanding community that it is. Since then. I have looked for opportunities
to volunteer so I can contribute my talents and expertise to the city. This year I will appear as a volunteer
speaker at the Page Mill YMCA, and will also mentor local youth on the importance of healthy eating and
living an active lifestyle. .
4. What is it about the Human Relations Commission that interests you? What qualities, experience and expertise
would YOll bring to the Human Relations Commission?
Many of the factors that concern the HRC-age, sex, ethnicity, citizenship, marital state and socioeconomic
status-are a daily reality for me. I live in the Ventura District on Curtner Avenue, which a local police
officer once told me was the ''worst'' street in Palo Alto. Most of my neighbors are low-income immigrants
from Latin America, Asia or Eastern Europe who speak limited English. Although I am an educated white
. woman, I am also a low-income renter and single woman living in an afiluent, family-oriented city known for
its property values.
In my neighborhood, I have witnessed street fights, domestic violence, child abuse and drug deals. At times I
have been unable to returnhome because my street is cordoned off while the police search for a suspect. As a
result, my neighbors and I interact frequently with the P APD, and strongly rely on them to keep us safe. But
while the police generally do a great job of patrolling and investigating, the prevailing feeling in my
neighborhood is that we have been ''forgotten'' by the wealthier residents of the city, who mistakenly believe
-1-
that these kinds ofproblt>ms don't occur in Palo Alto. I believe this is reflected in the city's recent
Community Quality ratings, in which 82% of respondents rated Palo Alto good or excellent in providing
services to seniors and 75% rated Palo Alto good or excellent in providing services to youth, but only 59%
rated Palo Alto good or excellent in providing services to low-income people. 1
If I am appointed to the HRC, I will bring this experience wiili me, and do my best to serve as a voice for the
"other" Palo Alto iliat many city residents and organizations never see.
5. How would you see your role as board member when recommending policy and working with the Council?
I believe it is important for HRC board members to identify opportunities for inclusion and take the
initiative in recommending policy, but also remain responsive to requests and directives from the Council.
In order to play boili roles effectively, the IiRC must partner wiili local agencies, such as the P APD, PTA
and Art Center, to amplify existing efforts to increase diversity-and spearhead new ones-while
maintaining an open dialog with the Council.
6. What are the current issues facing ilie Human Relations Commission?
There are longstanding and ongoing issues of mistrust between some residents and ilie P APD. Racial
profiling and use of tasers are matters of great concern. The HRC needs to help ensure that policing in our
city is effective wiiliout being discriminatory. The recent appointment of our new police chief is an
opportunity to build a stronger partnership between the Council, the HRC and the P APD, and ultimately, a
better relationship between the police and city residents.
Other issues may be less visible. For example, although Palo Alto is famous for its nationally ranked school
system, many kids in my neighborhood do not go on to college. In fact, a fair number of them do not even
finish high school, despite having attended Palo Alto schools since kindergarten. Afew months ago I
overheard a neighbor's daughter talking on her cell phone to a friend. ''No, I don't have homework," she
said. ''Only white and Asian kids have to do homework." Why are the benefits of our outstanding school
system not reaching these low-income, minority kids? Why are they not continuing on to higher education
like most of their well-to-do classmates? By working with the school district, PTA and oilier agencies, ilie
HRC may be able to mitigate barriers to inclusion and help improve ilie life chances ofiliese disadvantaged
youili.
The debilitating effects of obesity and obesity-related diseases, which disproportionately affect low-income
and minority residents, is anoilier issue for the HRC to consider. Affiuent Palo Altans buy organic food and
join gyms, but most people in my neighborhood do not have iliat purchasing power. Because iliey eat
cheaper, processed foods, many are significantly overweight, and their children are often overweight by ilie
time they enter middle school. Again, by partnering wiili local health agencies, schools and cultural
organizations, the HRC may be able to help low-income city residents enjoy longer, healthier lives, which is
perhaps ilie most fundamental form of "inclusion."
7 . If appointed, what specific goals would you like to see the Human Relations Commission achieve?
First, I would like to see ilie HRC help improve ilie public's intemctions with and perceptions of the P APD. In 2009,
72% of respondents rated the quality of ilieir contact wiili the pOlice as good or excellent.2 That number is a great
start, but it could be higher.
Second, I would like to see ilie HRC wOlk with ilie appropriate agencies and organizations to makeilie benefits of
living in Palo Alto more accessible to low-income and minority residents. Specifically, I would like the HRC to help
increase ilie number of low-income and minority students who successfully complete high school and enter college.
1 City of Palo Alto Service Efforts and Accomplishments Report for Fiscal Year
2009, p. 2.
2 Ibid., p. 51.
-2-
'V
4. What is it about the Human Relations Commission that interests you? What
qualities, experience and expertise would you bring to the Human Relations
Commission?
Tolerance is the foundation for any great community. It is the respect for
others, awareness of our differences, and aversion towards discrimination that will
teach us to love our neighbors-regardless of race, creed, or sexual preference.
Having grown up in the Bay Area, one of the most diverse areas in the world, I have
learned the importance of tolerance by experience, I also studied it as a political
science major at UC Irvine. The Human Relations Commission is trusted with the job
of promoting such awareness and rooting out any discrimination in our community.
We must also ensure that every group in our community has a voice.
If I was on the commission, I would bring novel ideas and a dedication to
ensuring that all members of our community are protected from injustice. I am
particularly concerned with the members of our community who are so often
invisible-children and young adults. As a former student of the Palo Alto School
District and a current law student, I understand the problems that the youth in our
community have. I have lived the horrors of fellow students taking their own lives. I
have known the family and friends of those that ended their lives and felt a part of
their pain. I know from firsthand experience the pressures that students face in our
schools, the difficulties of getting involved in the community, and the helplessness
that many young people feel in a community that is otherwise so forward looking.
To supplement my firsthand experience, I have also studied discrimination
extensively. My degree in political science allowed me to take a myriad of classes .
dedicated to various issues plaguing our society. Discrimination has easily been one
of the most prevalent and destructive issues of our time. I have studied the chilling
effects of gender discrimination on business productivity, the deleterious
consequences of racial animosity with regards to education, and the disgraceful
treatment of the LGBT community. My legal training has allowed me to objectively
assess both sides of any argument. I would bring this skill to the commission,
objectively understanding each side ofthe debates and bringing my own set of
experiences into the equation to help reach the best conclusion.
As Yo-Yo Ma said, "our cultural strength has always been derived from our
diversity of understanding and experience." Palo Alto is in one of the most diverse
areas in the world; as such, we must fight every day to ensure that our citizens and
visitors are treated with the upmost respect and tolerance, by embracing our
differences we will learn to come together and strengthen our community.
1
5. How would you see your role as board member when recommending policy
and working with the Council? If it were necessary to change current roles,
how would you approach making such changes?
I believe that every board member's primary responsibility is to bring his or
her own diverse experiences to each meeting, and to view each problem in a two-
step manner. The first of these steps is to assess the problem in an objective
manner, seeing both sides of the story. Secondly, they must analyze the problem
through the lens of their own experiences to understand the human aspect of the
story. As a board member I would use my law school training to objectively assess
any issue that comes before the board, and I would use my own set of experiences to
empathize with the various demographics of Palo Alto. I would also be a
representative for the under thirty segment of the community.
Approximately 30% of the population is under the age ofthirty, but this
segment of our population is significantly underrepresented in the Council. One of
my primary roles on the board would be recognizing the problems that my
demographic faces. This would ensure that not only are the young members of our
community not being discriminated against, but would also encourage more young
people to take part in community organizations and civic engagement. I have always
noticed a dearth of community involvement from the youth in our community. Many
young adults and teenagers feel that their voices are not being heard. I believe as a
member of this board I would show other young adults that they can be heard in our
community.
As a board member for the Human Relations Commission, it is essential to
empathize with all members of our community. No one member should be so
focused on one issue that they cannot change roles when necessary. I would
. welcome any role change because change allows us to get out of our comfort zone
and explore new avenues of thought.
2
"
7. If appointed, what specific goals would you like to see the Human Relations
Commission achieve?
If appointed to the commission, I would work hard to achieve two primary
goals. First, I believe that safeguarding our youth's mental health should be priority
number one. Youth mental health covers abroad range of issues, including teen
suicide, bullying in schools, and overall life satisfaction. My second priority would be
ensuring that there is affordable housing for low-income families in our community.
When it comes to improving youth mental health, no option should be off the
table. As a community we should approach this issue ina collaborative way and
ensure that every department and office is doing their part. The city has already
implemented various programs to combat these issues, such as Project Safety Net,
but the issue is so pervasive that we need a comprehensive approach that addresses
the core issues of youth depression. These include bullying, overbearing
schoolwork, and lack of civic engagement.
In recent years the issue of school bullying has grabbed the national
spotlight. In February we learned that our very own school district was involved in a
federal civil-rights investigation into a middle school special-education student who
was constantly harassed and bullied for his disability. These kind 9f distractions not
only interrupt the school's ability to teach, but also hinder its students' abilities to
learn. I believe that when a school is both physically and emotionally safe, students
are able to perform at their fullest potentials.
Today, bullying has evolved past physical abuse into psychological
harassment in the form of cyber bullying we can learn from other states and school
districts that have implemented poliCies to combat these issues. For example, the
Michigan State Board of Education recently released a model anti-bullying policy.
Their program creates a comprehensive health education curriculum that teaches
students about the consequences of their actions on the mental health of themselves
and other students. The program also mandates annual training for school
employees and volunteers to insure significant contact with students and how to
recognize and combat bullying. I believe we should also provide training for
interested parents, which would help them detect if their children are being bullied
and give them the tools to remedy these problems. Finally, because cyber bullying
has become so prevalent we must create strong policies that allow the city and
school district to take administrative actions to prevent this kind of harm.
The second issue that I believe must be addressed is the dearth of low-
income housing in Palo Alto. If the Buena Vista Mobile Home Park closes, we will see
the displacement of around 400 residents. Many of these residents are members of
minority groups, and many more have students that attend the various schools in
the area. Displacing these residents risks these families having to move into
dangerous neighborhoods in other cities. This move would also take these students
out of the Palo Alto School District, one of the greatest school districts in the
country. This displacement is not only unfair, but also de facto socioeconomic
discrimination. The commission must work hard to find an area within the confines
of the city to build more low-income housing. What defines our city is not the money
we make, but rather the values we share. People should not be denied access to this
4
great city for economic reasons. We must find a way to allow those families a chance
to enjoy the Palo Alto way of life.·
5
City of Palo Alto (ID # 3578)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 4/1/2013
City of Palo Alto Page 1
Summary Title: Amendment to the Water Supply Agreement with San
Francisco
Title: Approval of Amendment Number One to the Water Supply Agreement
with the City and County of San Francisco
From: City Manager
Lead Department: Utilities
Recommendation
Staff recommends that Council approve Amendment Number One to the Water Supply
Agreement with the City and County of San Francisco.
Executive Summary
In November 2012, the voters of San Francisco defeated an initiative to evaluate the restoration
of the Hetch Hetchy Valley from its current condition to its original valley configuration. In
order to ensure there is a process for the wholesale water customers of San Francisco’s regional
water system to have a more formal role in future restoration related discussions, the San
Francisco Public Utilities Commission (SFPUC) and the Wholesale Customers have developed an
amendment to the Water Supply Agreement. The SFPUC has approved the amendment, and
the Wholesale Customers, including Palo Alto, must approve the amendment to put it into
effect.
Background
In June 2009, The City of Palo Alto, entered into a Water Supply Agreement with the City and
County of San Francisco and Wholesale Customers in Alameda County, San Mateo County and
Santa Clara County (CMR: 269:09). The Water Supply Agreement sets forth the terms by which
the 26 wholesale customers will purchase water from the SFPUC’s regional water system, which
includes the Hetch Hetchy Reservoir.
During the November 2012 election, a group named Restore Hetch Hetchy placed an initiative
before San Francisco voters that would have required the City and County of San Francisco to
City of Palo Alto Page 2
develop plans to drain the Hetch Hetchy Reservoir and restore the Hetch Hetchy Valley. The
initiative was defeated, but the organization announced that it will continue to pursue these
goals.
The Wholesale Customers use two-thirds of the water provided by the regional water system
and pay two-thirds of the costs of building, operating and maintaining the regional water
system. However, none of these water customers may vote on San Francisco ballot measures.
As a result, there is uncertainty as to how the parties would address changes to the regional
water system in the event of a future abandonment or decommissioning of O’Shaughnessy
Dam, which forms the Hetch Hetchy Reservoir, or a draining of the reservoir.
Discussion
In order to provide long-term protection for the Wholesale Customers, the Bay Area Water
Supply and Conservation Agency (BAWSCA) and San Francisco have developed an
administrative solution, an amendment to the Water Supply Agreement, which addresses
water-supply reliability, water quality and cost-allocation. This amendment will assure that the
existing condition of the Reservoir is maintained unless the parties agree to a further
amendment to the Water Supply Agreement. Notably, the amendment provides that if the
parties do not agree on any such amendment, San Francisco may not drain the Reservoir or
abandon or decommission O’Shaughnessy Dam.
San Francisco, acting by and through the SFPUC, approved Amendment Number One on
January 22, 2013, and authorized its General Manager to execute the amendment, pending
approval by the requisite number of the Wholesale Customers.
Pursuant to the Section 2.03 of the Water Supply Agreement, the Water Supply Agreement may
be amended by a minimum of two-thirds of the Wholesale Customers representing 75% of the
quantity of water delivered by San Francisco to all the Wholesale Customers during the fiscal
year immediately preceding the amendment.
The proposed amendment will provide a voice for the City of Palo Alto and the other Wholesale
Customers during any future discussions regarding the draining of Hetch Hetchy. The ability to
develop and execute this amendment reflects the evolution of the relationship between the
SFPUC and the Wholesale customers and is an acknowledgment on the part of the SFPUC that
the Wholesale Customers are an integral part of the SFPUC system and deserve formal
representation on important issues that impact the regional water system.
Resource Impact
The execution and adminstration of Amendment Number One to the Water Supply Agreement
will not result in any new or increased resource requirements.
City of Palo Alto Page 3
Environmental Review
The Amendment is not subject to the California Environmental Quality Act (Public Resources
Code Section 21000 et seq.) (CEQA) pursuant to Section 15378(b)(5)(the activity is not a project
as it involves an adminstrative activity that will not result in direct or indirect physical changes
in the environment) of the State CEQA Guidelines, California Code of Regulations, Title 14,
Chapter 3.
Attachments:
Attachment A - Resolution (PDF)
Attachment B - Amendment No 1 language with signature pages (PDF)
Cities Association letter of support (PDF)
*NOT YET APPROVED*
130308 dm 015004
Resolution No. _________
Resolution of the Council of the City of Palo Alto
Approving an Amendment to the Water Supply Agreement
With the City and County of San Francisco
R E C I T A L S
A. The City and County of San Francisco, acting by and through its Public Utilities
Commission, entered into a Water Supply Agreement with Wholesale Customers in Alameda
County, San Mateo County and Santa Clara County in June 2009 (WSA); and
B. Proposition F, the "Water Sustainability and Environmental Restoration Act"
appeared on the November, 2012 ballot and, if enacted, would have required the City of San
Francisco to evaluate how to drain Hetch Hetchy Reservoir; and
C. The San Francisco Charter acknowledges that the Hetch Hetchy Water System,
including O'Shaughnessy Dam, is an irreplaceable asset such that San Francisco could not drain
Hetch Hetchy Reservoir or abandon or decommission O'Shaughnessy Dam absent a Charter
amendment as well as additional regulatory and administrative approvals; and
D. The parties, at the time of entering into the WSA, contemplated that Hetch
Hetchy Reservoir and O'Shaughnessy Dam were both integral parts of the Regional Water
System and were considered Existing Assets as that term is used in the WSA, and were included
in the calculation of the Wholesale Revenue Requirement; and
E. The parties, at the time of entering into the WSA, also contemplated that the
reliability and quality of the water to be delivered was premised on the shared assumption of
the continued use of Hetch Hetchy Reservoir and O'Shaughnessy Dam as integral components
of the Regional Water System; and
F. The parties, at the time of entering into the WSA, did not contemplate that an
alternate water delivery system created as a result of draining Hetch Hetchy Reservoir, or
abandoning or decommissioning O'Shaughnessy Dam, would be considered part of New
Regional Assets described by the WSA; and
G. The parties now desire to amend the WSA to reaffirm the water reliability and
quality requirements set forth therein, and to acknowledge that Hetch Hetchy Reservoir and
O'Shaughnessy Dam will continue to be used as integral components of the Regional Water
System, unless both San Francisco and the Wholesale Customers approve any alternate water
storage and delivery system to be used for delivery of water under the WSA; and
H. Said amendment to the WSA was approved by the San Francisco Public Utilities
Commission on January 22, 2013 and its General Manager was authorized to execute it,
provided the amendment is approved by the Wholesale Customers; and
I. The City Manager recommends the approval of the attached amendment.
*NOT YET APPROVED*
130308 dm 015004
NOW, THEREFORE, BE IT RESOLVED:
SECTION 1. The attached amendment to the Water Supply Agreement Between the
City and County of San Francisco and Wholesale Customers in Alameda County, San Mateo
County, and Santa Clara County (Amendment) is approved.
SECTION 2. The City Manager is authorized and directed to execute the Amendment, in
the form attached hereto, on behalf of the City.
SECTION 3. The Council find that the adoption of this resolution does not meet the
definition of a project under Public Resource Code Section 21065, thus, no environmental
assessment under the California Environmental Quality Act is required.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
___________________________ ___________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
___________________________ ___________________________
Senior Deputy City Attorney City Manager
___________________________
Director of Utilities
___________________________
Director of Administrative
Services
CITY OF PALO ALTO OFFICE OF THE CITY AUDITOR
April 1, 2013
The Honorable City Council
Palo Alto, California
Policy and Services Committee Recommendation to Accept the
Auditor's Office Quarterly Report as of December 31, 2012 and
Revised Workplan
The Office of the City Auditor recommends acceptance of the Auditor’s Office Quarterly Report
as of December 31, 2012 and Revised Workplan. At its meeting on February 12, 2013, the Policy
and Services Committee approved and unanimously recommended the City Council accept the
report. The Policy and Services Committee minutes are included in this packet.
Recommended Action: Accept the Auditor’s Office Quarterly Report as of December 31, 2013
and Revised Workplan.
Respectfully submitted,
Jim Pelletier
City Auditor
ATTACHMENTS:
Attachment A: Auditor's Office Quarterly Report as of December 31, 2012 and Revised
Workplan (PDF)
Attachment B: Policy and Services Committee Meeting Minutes Excerpt (February 12, 2013)
(PDF)
Department Head: Jim Pelletier, City Auditor
Page 2
CITY OF PALO ALTO OFFICE OF THE CITY AUDITOR
February 12, 2013
The Honorable City Council
Attention: Policy & Services Committee
Palo Alto, California
Auditor's Office Quarterly Report as of December 31, 2012 and
Revised Workplan
RECOMMENDATION
The Office of the City Auditor recommends the Policy and Services Committee review and
recommend to the City Council acceptance of the Auditor’s Office Quarterly Report as of
December 31, 2012 and Revised Workplan.
SUMMARY OF RESULTS
In accordance with the Municipal Code, the City Auditor prepares an annual work plan
and issues quarterly reports to the City Council describing the status and progress
towards completion of the work plan. This report provides the City Council with an
update on the second quarter for FY 2013.
Respectfully submitted,
Jim Pelletier
City Auditor
ATTACHMENTS:
Attachment A: Quarterly Report as of December 31, 2012 and Revised Workplan (PDF)
Department Head: Jim Pelletier, City Auditor
Attachment A
Page 2
Attachment A
“Promoting honest, efficient, effective, and fully accountable city government."
Attachment A
1
CONTENTS
INTRODUCTION ................................................................................................................................................................... 2
OVERVIEW OF THE OFFICE OF THE CITY AUDITOR (OCA)...................................................................................................................... 2
OCA’S CORE PRODUCTS & SERVICES ............................................................................................................................................... 2
PROFESSIONAL STANDARDS ............................................................................................................................................................ 3
SECOND QUARTER FY 2013 UPDATE .................................................................................................................................... 4
OVERVIEW .................................................................................................................................................................................. 4
AUDITS ....................................................................................................................................................................................... 4
OTHER MONITORING AND ADMINISTRATIVE ASSIGNMENTS .................................................................................................................. 6
FRAUD, WASTE, AND ABUSE HOTLINE ADMINISTRATION ..................................................................................................................... 6
REVISED FISCAL YEAR 2013 WORK PLAN.............................................................................................................................. 7
Attachment A
2
INTRODUCTION
Overview of the Office of the City Auditor (OCA)
The OCA conducts performance audits of City departments, programs, and services. Performance audits provide
the City Council, City management, and the public with independent and objective information regarding the
economy, efficiency, and effectiveness of City programs and activities. Our goal is to help the City achieve its
strategic, operational, reporting, and compliance objectives using a systematic, disciplined approach to
evaluating and recommending improvements to the effectiveness of the City’s risk management, control, and
governance processes. Through our audit activities, the OCA supports the key governance roles of Oversight,
Insight, and Foresight as described below:
Oversight Insight Foresight
OCA provides oversight of City
management on behalf of the
City Council and the residents of
Palo Alto by evaluating whether
departments have established
efficient and effective means of
doing what they are required to
do, spending funds for intended
purposes, and complying with
applicable laws and regulations.
OCA provides insight to assist City
management by assessing the
adequacy of internal controls;
sharing best practices and
benchmark information; and
looking across departments to
help management identify
opportunities to borrow, adapt,
or re-engineer good practices.
OCA helps City management look
forward by identifying trends and
bringing attention to emerging
challenges before they become
crises. These issues often
represent long-term risks that can
sometimes receive low priority
for attention where scarce
resources drive more short-term
focus on urgent concerns.
OCA’s Core Products & Services
Audits – OCA’s core product addressing performance (efficiency and effectiveness), compliance, and
information technology matters that provide management with value-added recommendations focused on
mitigating risks and improving internal control. Audits are designed to support the achievement of the City’s
strategic, operational, reporting, and compliance objectives and the City Council’s priorities.
Service Efforts and Accomplishments (SEA) and Citizen Centric Report (CCR) – The SEA is an annual report that
provides data about the costs, quality, quantity, and timeliness of City services. The report includes a variety of
comparisons to other cities and the results of a citizen survey. The goal is to provide the residents of Palo Alto,
the City Council, City Staff, and other stakeholders with information on past performance to strengthen public
accountability, improve government efficiency and effectiveness, and support future decision making.
Prepared in coordination with the annual SEA report, the CCR is intended to be a brief, easy to read document
that provides a quick snapshot of the City’s progress over the year. Based on guidance from the Association of
Government Accountants, the report is a method to foster innovative means of communication between the
City and the public.
Administration of the Fraud, Waste, and Abuse Hotline (Hotline) – The Hotline provides an anonymous
mechanism for employees to report fraud, waste, and/or abuse of City resources. The OCA is responsible for
partnering with an outside vendor to administer the Hotline and ensure that all calls are reviewed and acted
upon by the Hotline Review Committee. The OCA may, as necessary, investigate certain cases. Additionally, the
OCA will provide quarterly reporting of Hotline activity to the City Council.
Attachment A
3
Special Advisory Memorandums (SAMs) – Utilized for time critical engagements including limited assessments,
reviews, or evaluations as requested by management or the Council. These services do not typically conform to
the rigorous audit standards required for Audits, but allow for important information to be provided to
management in a quick, flexible manner and can be focused on singular issues.
Comprehensive Annual Financial Report (CAFR) and Single Audit Report – Each year, the OCA contracts with an
independent, certified public accountant to perform both the City’s annual financial audit as well as the annual
Single Audit.
Sales and Use Tax Monitoring – The OCA conducts sales and use tax monitoring internally and contracts with an
external vendor for quarterly sales and use tax recovery and information services. The purpose of this
monitoring is to identify misallocations of local sales and use tax generated by companies doing business in Palo
Alto. In addition, the external vendor prepares quarterly sales and use tax summary reports that are provided to
the City Council as informational items.
Professional Standards
The OCA must adhere to a set of professional standards in conducting its work. The Palo Alto Municipal Code
requires the OCA to adhere to Government Auditing Standards issued by the U.S. Government Accountability
Office. These standards require that we plan and perform our audits to obtain sufficient, appropriate evidence
to provide a reasonable basis for our findings and conclusions based on the objectives of each audit. The OCA’s
compliance with these standards is reviewed every three years by auditors from peer organizations.
Attachment A
4
FY 2013 Second Quarter Update
Overview
The audit function is essential to the City of Palo Alto’s public accountability. The Office of the City Auditor’s
independence and accountability, mandated by the City Charter and Municipal Code, means the public, the
Council, and City staff can rely on us for objective information and practical advice. We thoroughly review and
analyze City performance to give you the information you need about complex and difficult issues. Taking action
on our audit recommendations will help the City to reduce risks and protect its good reputation.
Audits
Below is a summary of our Audit work for the second quarter of FY 2013 (as of December 31, 2012):
Title Objective(s) Start
Date
End
Date
Status Results/Comments
Service Efforts &
Accomplishments
/ Citizen Centric
Report
To provide consistent,
reliable information on
the performance of City
services to assist users in
assessing whether the
City is achieving its goals
and objectives in an
efficient and effective
manner and to assist the
City in meeting its
responsibilities to be
publicly accountable in
the stewardship over
public resources.
7/2012 2/2013 In Process These reports provide
comprehensive and historical data
and analysis that is not available in
any other single report in the City.
The SEA and CCR are available
online or in hardcopy from the
OCA. This year’s report has been
redesigned from the ground up
with additional focus on
performance management.
Contract
Administration
Audit (Audit of
Contract
Oversight)
To assess whether
internal controls are
effective and adequate
to ensure that City
contracts are
administered in
accordance with
Municipal Code and
relevant policies and
procedures. The audit
focused on the City’s
contract with OfficeMax.
1/2012 11/2012 Complete Internal controls within the
Purchasing and Contract
Administration Division
(Purchasing) of the Administrative
Services Department (ASD) require
improvement to ensure that
contracts are administered in
accordance with the Municipal
Code and relevant policies and
procedures. In regard to the City’s
contract with OfficeMax, the
City could have saved between
$196,484 and $389,426 if the
contract had been appropriately
administered to ensure the City
was receiving reasonably expected
discounts at authorized prices.
Attachment A
5
Title Objective(s) Start
Date
End
Date
Status Results/Comments
Utilities Reserves
Audit
To determine the
appropriateness and
adequacy of utilities
reserves, reserve policies,
reserve guidelines, and
their usage.
1/2012 12/2012 Complete Based on our assessment of
Utilities Reserves, we found that
the City generally maintains
adequate reserves within the utility
funds. We also found that reserves
are generally used appropriately in
accordance with established policy.
However, we found that by
establishing a more comprehensive
reserve policy, with effective
supporting procedures, the City
Council and the Utilities
Department could benefit from
having clear criteria to
communicate, manage, and
monitor utility reserves.
Additionally, improvements to the
consistency and completeness of
reporting reserve balances could
better support the City Council’s
operating budget, capital budget,
and reserves processes.
Human Resources
Employee Benefits
Administration
To determine whether
the Human Resources
Department has
adequate controls over
employee benefits to
ensure that health
premiums and
administrative fees are
calculated and paid
accurately for eligible
active and retired
employees in accordance
with applicable labor
agreements, laws, and
regulations.
6/2012 12/2012 Complete Internal controls over health
benefits administration within HRD
require improvement to ensure
that health premiums,
administrative fees, and retiree
reimbursements are calculated and
paid accurately for eligible active
and retired employees in
accordance with applicable labor
agreements, laws, and regulations.
Attachment A
6
Other Monitoring and Administrative Assignments
Below is a summary of Other Assignments for the second quarter of FY 2013 (as of December 31, 2012):
Title Objective(s) Status Results/Comments
Sales and Use Tax
Allocation Reviews
The OCA conducts sales and use
tax monitoring in-house and
also contracts with an outside
vendor.
Ongoing The OCA continues to submit
inquiries to the State Board of
Equalization. As of the end of the
second quarter, the City received
$65,739 in total Sales and Use Tax
Recoveries. Also, due to processing
lags at the State Board of
Equalization, there are 48 potential
misallocations waiting to be
researched and processed (26 from
OCA and 22 from the vendor).
Total Sales and Use Tax Recoveries:
FY 2013 ($11,078 from OCA
inquiries and $54,661 from vendor
inquiries).
Quarterly Reporting Each quarter, the OCA prepares
Quarterly Status Updates and
Sales Tax Digest Summaries for
Council review.
Ongoing N/A
Fraud, Waste, and Abuse Hotline Administration
On August 16, 2012, we launched the City’s Fraud, Waste, and Abuse Hotline. Below is a summary of Hotline
Activity for the second quarter of FY 2013 (as of December 31, 2012):
Category Quarter Number Action Taken
Inquiry Q1 1 No Action Required
Improper Receipt of Gifts,
Favors, or Money
Q2 1 Unsubstantiated – closed
Substance Abuse Q2 1 Unsubstantiated – referred for
further action
Attachment A
Revised Fiscal Year 2013 Work Plan
The following is the revised FY 2013 Work Plan
Audit Department Preliminary Scope* Status Estimated
Hours*
Actual/
Revised Hours
Council
Committee
FY 12
Performance
Report (SEA)
All To provide consistent, reliable information on the performance of City services to:
assist users in assessing whether the City is achieving its goals and objectives in an
efficient and effective manner and assist the City in meeting its responsibilities to be
publicly accountable in the stewardship over public resources.
In Process 1,560 1,138 City Council
Contract
Administration
Audit
ASD Carryover from FY 2012. To assess whether internal controls are effective and
adequate to ensure that City contracts are administered in accordance with Municipal
Code and relevant policies and procedures. The audit focused on the City’s contract
with OfficeMax.
Complete
N/A
FY 12
Carryover
277 Policy &
Services
Utilities
Reserves Audit
Utilities Carryover from FY 2012. To determine the appropriateness and adequacy of utilities
reserves, reserve policies, reserve guidelines, and their usage.
Complete N/A
FY 12
Carryover
522 Finance
Human
Resources
Benefits
Administration
Human
Resources and
ASD-Payroll
Carryover from FY 2012. To determine whether the Human Resources Department has
adequate controls over employee benefits to ensure that health premiums and
administrative fees are calculated and paid accurately for eligible active and retired
employees in accordance with applicable labor agreements, laws, and regulations.
Complete 400 756 Policy &
Services
Development
Permit Process
Development
Center
This audit will seek to identify opportunities to improve the efficiency and
effectiveness of the Development Permit Process.
Postponed
(Replacement
Audit TBD)**
600 800 Policy &
Services
Inventory
Management –
Utilities (formerly
Utilities Asset
Management)
Utilities Specific concerns regarding the effective and efficient safeguarding of certain assets
were identified during the Risk Assessment process. This audit will follow up on those
concerns and assess the adequacy of controls over Utilities assets including compliance
with relevant policies and the Municipal Code.
Not Started 320 800 Finance
Construction
Process
Public Works The audit will assess the effectiveness and efficiency of the City’s construction
management practices including compliance with applicable policies, regulations, and
key contract terms. This audit will be limited to the bidding and change order
processes within the overall construction management framework.
Consider in
FY14
560 800 Policy &
Services
Wastewater
Treatment Fund
Public Works The Regional Water Quality Control Plant provides services to Mountain View, Los
Altos, Los Altos Hills, Stanford, and East Palo Alto. This audit will assess whether the
cost-sharing agreements and allocation of charges to partner agencies have been
properly implemented and maintained.
Consider in
FY14
600 600 Finance
Utility Users Tax
Revenues
(Tentative,
Outsourced)
Utilities
Utilizing a utility tax expert, this audit will determine whether the City is receiving all of
the Utility Users Tax revenues that it is entitled to receive. This audit is marked as
tentative as follow up research will be performed to ensure the City’s exposure to
missed UUT funds remains high before OCA requests additional funding from the City
Council to outsource the audit.
Consider in
FY14
40 40 Finance
P-card/Payroll
Analytic
Development
ASD The OCA will begin development of data analytics that can be used to continuously
audit certain high risk processes. As time allows, we will begin to identify and develop
analytics for the P-card and/or Payroll processes.
Consider in
FY14
40 40 N/A
*Preliminary scope and/or planned hours may change based upon the preliminary survey of the audit.
**As proposed by the Policy and Services Committee.
Attachment A
POLICY AND SERVICES COMMITTEE
DRAFT EXCERPT
Page 1 of 4
Regular Meeting
February 12, 2013
2. Auditor's Office Quarterly Report as of December 31, 2012 and
Revised Workplan.
James Pelletier, City Auditor, provided a quarterly update for the Office of
the City of Auditor. The Service Efforts and Accomplishments Report was
finished; however, as of December 31, 2012, it was in process. In addition,
the Contract Administration Audit, the Utilities Reserve Audit, and the
Human Resources Employee Benefits Audit were now complete. Staff would
continue to review sales and use tax allocations to ensure the City captured
all sales tax due. The City Auditor's Office recovered approximately $65,000
in total sales tax. As of December 31, 2012, the Fraud, Waste, and Abuse
Hotline received three calls. One was an inquiry and Staff answered it.
Working with the Human Resources Department, he determined the
remaining two calls to be unsubstantiated.
Council Member Klein asked for clarification of "unsubstantiated, referred for
further action."
Mr. Pelletier explained he found the specific allegation of the call to be
unsubstantiated; however, the Human Resources Department saw an
opportunity to clarify some policies and took action. He was working on a
call in the current quarter. With respect to the work plan, he proposed
increasing the number of hours allotted to audits.
Chair Kniss inquired whether a monetary amount was applied to the audits.
Mr. Pelletier answered no. Performance audits reviewed the efficiency and
effectiveness of operations.
Chair Kniss asked if audits analyzed the use of funds.
Mr. Pelletier reported that was dependent on the audit. Finding potential
savings opportunities or additional revenue opportunities was not always the
goal of an audit. The goal of an audit was to review the underlying controls
within the process to ensure the City adequately mitigated any risks
Attachment B
DRAFT EXCERPT
Page 2 of 4
Policy and Services Committee Regular Meeting
Draft Excerpt 02/12/13
associated with that process. By mitigating risks, the chance of the City
losing money or being inefficient was reduced. The focus was on fixing the
process more than identifying dollars.
Council Member Price inquired whether Mr. Pelletier anticipated performing
the Development Permit Process Audit in Fiscal Year (FY) 2014.
Mr. Pelletier explained items marked as "not started" would be started in the
current quarter. Other audits planned for the current year would be part of
the following year's plan.
Council Member Price clarified that audits marked FY 2014 would be
considered the following year.
Mr. Pelletier replied yes.
James Keene, City Manager, reported the Development Permit Process Audit
appeared on a former auditor's proposed work plan about the same time the
blueprint process began. He recommended this particular audit be deferred
and reconsidered when the process was closer to completion.
Chair Kniss agreed to defer the audit.
Council Member Klein also agreed.
Mr. Pelletier suggested possibly performing the Development Permit Process
Audit once the project was complete. At that point, he could revise the
number of hours needed to perform the audit. The audits performed thus
far required more time than he initially anticipated.
Chair Kniss inquired whether Staff needed a Motion to defer the
Development Permit Process.
Mr. Pelletier indicated the Committee could instruct him to identify a
different audit to include in the plan.
Council Member Klein instructed the City Auditor to do so.
Mr. Pelletier suggested the Committee choose an audit to replace the
Development Permit Process Audit or allow him to choose one.
Attachment B
DRAFT EXCERPT
Page 3 of 4
Policy and Services Committee Regular Meeting
Draft Excerpt 02/12/13
Chair Kniss felt it appropriate for Mr. Pelletier to choose the replacement
audit.
Council Member Price noted the work plan could be discussed again at the
mid-year Council discussion or sooner if needed.
Council Member Klein inquired whether the City had a mechanism to collect
sales tax from online retailers.
Mr. Pelletier reported Staff worked with an outside vendor in that area. The
vendor monitored online retailers and would continue to monitor them.
Council Member Klein recalled another sales tax issue regarding the dispute
between United Airlines and San Francisco International Airport, and asked if
another company was avoiding paying sales tax.
Mr. Pelletier was not familiar with that case, but would follow up.
Council Member Price requested Council Member Klein expound on the
dispute.
Council Member Klein explained United Airlines treated jet fuel purchases as
being made in a jurisdiction other than San Francisco to take advantage of
tax forgiveness. San Francisco disputed United Airlines' ability to do that.
Mr. Pelletier reported that was similar to the tactics being used by some
online retailers. Staff would monitor the situation.
Council Member Klein guessed a high proportion of Palo Alto citizens were
buying goods from online retailers.
Mr. Pelletier reported another factor was the share of funds Palo Alto
received from county taxes. If the county did not receive their fair share,
then Palo Alto would not receive their fair share.
Council Member Klein suggested Staff pay close attention to that.
Mr. Pelletier indicated the City's vendor was following the issue.
Council Member Price inquired whether the vendor was working with other
cities to share insights on the issue.
Attachment B
DRAFT EXCERPT
Page 4 of 4
Policy and Services Committee Regular Meeting
Draft Excerpt 02/12/13
Mr. Pelletier responded yes. The vendor had clients throughout the state
and provided good insights.
Council Member Klein suggested placing an item on the Council Agenda with
regard to lobbying successes and efforts.
Mr. Keene agreed.
Sheila Tucker, Assistant to the City Manager, noted the Staff Report would
be on the Consent Calendar.
Council Member Klein did not believe anyone would see the Staff Report on
the Consent Calendar.
Ms. Tucker reported Staff discussed adding a page to the City Manager's web
page for legislative information. In addition, Van Scoyoc Associates would
return for a Council meeting soon.
Mr. Keene inquired whether the City Manager and the Mayor retained the
ability to remove an item from the Consent Calendar and place it on the
Agenda as an Action Item.
Council Member Klein replied yes.
MOTION: Council Member Price moved, seconded by Council Member Klein
to recommend City Council acceptance of the Auditor’s Office Quarterly
Report as of December 31, 2012 and Revised Workplan, to include deferring
the Development Center Process for one year.
MOTION PASSED: 3-0 Holman absent
Attachment B
City of Palo Alto (ID # 3591)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 4/1/2013
City of Palo Alto Page 1
Summary Title: On Call Traffic Safety Services Contract
Title: Approval of Contract with D&M Traffic Services, Inc for a Total of
$150,000 to Provide On Call Traffic Safety Services
From: City Manager
Lead Department: Planning and Community Environment
Recommendation
Staff recommends that Council approve and authorize the City Manager or designee to execute
a contract with D&M Traffic Services, Inc. (Attachment A) in the amount of $150,000 with an
option to renew for two additional one (1) year terms in the amount of $150,000 per year, for
On-Call Traffic Safety Services.
Background
The contract for the On-Call Traffic Safety services provides for minor roadway improvements
identified in response to community service requests such as sign installations, roadway
marking, curb paintings and other miscellaneous safety improvements on an as-needed basis
throughout the year.
This contract with D&M Traffic Services will allow for the timely completion of work orders that
are put together by the Transportation Division, which are a result of community service
requests, internal requests from other departments, and the City’s Safe Routes to School
Program. The On-Call Traffic Safety contract supported improvements that cannot be
completed by the Department of Public Works due to resource impacts.
Discussion
The City received one proposal in response to the RFP solicitation for the On-Call Traffic Safety
Services from D&M Traffic, who provides the City with current on-call services.
City of Palo Alto Page 2
The solicitation and selection process is outlined below.
Proposal Description/Number On-Call Traffic Management Services
Proposed Length of Contract: 1 year (with two additional 1 year renewal options)
Total Days to Respond to RFP: 27 days
Pre-proposal Meeting Date: None
Number of Proposals Received: 1
Proposals Received from: Location (City, State) Selected for
oral interview?
D&M Traffic Services San Jose, CA NO
The proposals were judged by the following criteria:
Qualifications and experience of the staff,
Proposal quality and completeness,
Response time and ability to perform the work,
Fee
The City released an (RFP) for the design of the On-call Traffic Safety services on November 8,
2012. As noted above, only one proposal was received in response to the RFP. An evaluation
committee consisting of Public Works and Transportation Division staff reviewed the proposal
and recommended moving ahead with the selection of D&M Traffic Services, based on proposal
content, work experience and criteria identified in the RFP.
City staff performed a reference check for D&M Traffic Services and concluded that they have a
solid background in this type of work. They have prior work experience for the City of Palo Alto
and have demonstrated the ability to complete projects in a timely fashion.
Timeline
City of Palo Alto Page 3
Immediately upon execution of a contract, staff will meet with D&M Traffic Services to begin
work on the general street services work orders. City staff will provide D&M with a list of “work
order” type improvement plans on a monthly basis to complete after review and written
authorization to proceed.
Resource Impact
Funding in the amount of $150,000 for the On-Call Traffic Safety is included in the Capital
Improvement Program through various transportation-focused projects, including Project PL-
12000 (Parking & Transportation Improvements), and PL-00026 (Safe Routes to School).
Funding in future years is expected to be available from the same sources, if the annual options
are renewed.
Policy Implications
The City’s Comprehensive Plan recommends that Traffic Safety be among the City’s top
priorities. This contract is consistent with Comprehensive Plan “Goal T-6: A High Level of Safety
for Motorists, Pedestrians, and Bicyclists on Palo Alto Streets”.
Environmental Review
No environmental review is required for this scope of work.
Attachments:
Attachment A: Contract with D&M Traffic Services (PDF)
Contract No. C13148319
Professional Services
Rev. June 2, 2010
CITY OF PALO ALTO CONTRACT NO. C13148319
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND
D&M TRAFFIC SERVICES FOR PROFESSIONAL SERVICES
This Agreement is entered into on this day of April, 2013, (“Agreement”) by
and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”),
and D&M TRAFFIC SERVICES, a California corporation, located at 845 Reed Street, Santa Clara,
CA, 95050, Telephone (408)591-3180 ("CONSULTANT").
RECITALS
The following recitals are a substantive portion of this Agreement.
A. CITY intends to maintain standard highway sign installations, roadway marking removal &
installations and painting installation & removals (“Project”) and desires to engage a consultant to
provide On-Call Services in connection with the Project (“Services”).
B. CONSULTANT has represented that it has the necessary professional expertise,
qualifications, and capability, and all required licenses and/or certifications to provide the Services.
C. CITY in reliance on these representations desires to engage CONSULTANT to provide the
Services as more fully described in Exhibit “A”, attached to and made a part of this Agreement.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, this
Agreement, the parties agree:
AGREEMENT
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in
Exhibit “A” in accordance with the terms and conditions contained in this Agreement. The
performance of all Services shall be to the reasonable satisfaction of CITY.
Optional On-Call Provision (This provision only applies if checked and only applies to on-call
agreements.)
Services will be authorized by the City, as needed, with a Task Order assigned and approved by the
City’s Project Manager. Each Task Order shall be in substantially the same form as Exhibit A-1.
Each Task Order shall designate a City Project Manager and shall contain a specific scope of work, a
specific schedule of performance and a specific compensation amount. The total price of all Task
Orders issued under this Agreement shall not exceed the amount of Compensation set forth in
Section 4 of this Agreement. CONSULTANT shall only be compensated for work performed under
an authorized Task Order and the City may elect, but is not required, to authorize work up to the
maximum compensation amount set forth in Section 4.
Contract No. C13148319
Professional Services
Rev. June 2, 2010
SECTION 2. TERM.
The term of this Agreement shall be from April 15, 2013 through April 14, 2014 unless terminated
earlier pursuant to Section 19 of this Agreement. The City retains the option to renew this contract
for up to two additional one (1) year terms
SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of
Services under this Agreement. CONSULTANT shall complete the Services within the term of this
Agreement and in accordance with the schedule set forth in Exhibit “B”, attached to and made a part
of this Agreement. Any Services for which times for performance are not specified in this
Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and
timely manner based upon the circumstances and direction communicated to the CONSULTANT.
CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery of
damages for delay if the extension is required due to the fault of CONSULTANT.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to
CONSULTANT for performance of the Services described in Exhibit “A”, including both
payment for professional services and reimbursable expenses, shall not exceed One Hundred
Fifty Thousand Dollars ($150,000.00) per year. In the event Additional Services are authorized,
the total compensation for services and reimbursable expenses shall not exceed One Hundred
Fifty Thousand Dollars ($150,000.00) per year. The applicable rates and schedule of payment
are set out in Exhibit “C-1”, entitled “HOURLY RATE SCHEDULE,” which is attached to and
made a part of this Agreement.
Additional Services, if any, shall be authorized in accordance with and subject to the provisions of
Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed
without the prior written authorization of CITY. Additional Services shall mean any work that is
determined by CITY to be necessary for the proper completion of the Project, but which is not
included within the Scope of Services described in Exhibit “A”.
SECTION 5. INVOICES In order to request payment, CONSULTANT shall submit monthly
invoices to the CITY describing the services performed and the applicable charges (including an
identification of personnel who performed the services, hours worked, hourly rates, and
reimbursable expenses), based upon the CONSULTANT’s billing rates (set forth in Exhibit “C-1”).
If applicable, the invoice shall also describe the percentage of completion of each task. The
information in CONSULTANT’s payment requests shall be subject to verification by CITY.
CONSULTANT shall send all invoices to the City’s project manager at the address specified in
Section 13 below. The City will generally process and pay invoices within thirty (30) days of
receipt.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be
performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents
that it possesses the professional and technical personnel necessary to perform the Services required
by this Agreement and that the personnel have sufficient skill and experience to perform the Services
assigned to them. CONSULTANT represents that it, its employees and subconsultants, if permitted,
have and shall maintain during the term of this Agreement all licenses, permits, qualifications,
insurance and approvals of whatever nature that are legally required to perform the Services.
City of Palo Alto (ID # 3573)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 4/1/2013
City of Palo Alto Page 1
Summary Title: Design of Dual Media Filters Optimization
Title: Approval of Enterprise Wastewater Treatment Fund Contract with
Kennedy/ Jenks Consultants in the Total Amount of $205,430 for the Design
of Dual Media Filters Optimization Project at Regional Water Quality Control
Plant - Capital Improvement Program Project WQ- 80021
From: City Manager
Lead Department: Public Works
Recommendation
Staff recommends that Council:
1. Approve and authorize the City Manager or his designee to execute the
attached contract with Kennedy/Jenks Consultants, Inc. in the total amount
of $205,430 for design of Duel Media Filter Optimization (Attachment A);
and
2. Authorize the City Manager or his designee to negotiate and execute one or
more change orders to the contract with Kennedy/Jenks Consultants, Inc.
for related, additional services as specified in the contract, the total value
of which shall not exceed $20,543.
Discussion
In 1980, the Dual Media Filter (DMF) facility went online to remove additional
solids from the final water discharged to the Bay. A three foot deep bed of filter
media, consisting of sand and anthracite, clogs with small particles on a regular
basis and to remove the clogged condition, the filter media bed is flushed
City of Palo Alto Page 2
(backwashed) with clean final effluent as part of normal daily operation. This
project seeks to optimize the DMF with process enhancements to the filters, the
backwash systems, the filter media, and upstream secondary clarifiers. A key
enhancement will be the addition of an air wash to replace the much less
effective and aging filter media surface wash system. Expected outcomes of the
project will be increasing the mean filter run time between needed backwashes,
shortening the length of the backwash cycle, reducing the quantity of backwash
water required to reduce retreatment costs, improving Plant energy efficiency,
reducing wear-and-tear on DMF equipment, reducing the suspended solids
loading on the DMF, and providing more reliable treatment that meets state and
federal regulations.
This project is consistent the with Plant’s Long Range Facilities Plan (LRFP)
completed October 2012 and accepted by Council July 2, 2012 (staff report ID #
2914). The LRFP identified the need to use ongoing CIP wastewater treatment
projects to reinvest in the DMF and clarifiers, to rehabilitate these facilities, and
to keep these facilities in a state of proper maintenance and operational
readiness. Along with the optimization components described above, the design
of this project will retire the 33-year old DMF surface wash pumps and
rehabilitate ancilliary systems in the DMF and clarifiers consistent with the
recommendations of the LRFP.
Scope of Services Description
The consultant will provide services for design of DMF optimization and
modifications to secondary clarifiers. This includes engineering, control
programming, developing construction documents, provide support during
bidding & construction for the dual media filters air wash system, backwash
system, pilot testing; and design improvements to the secondary clarifiers for
performance optimization.
Summary of Solicitation Process
Proposal Title/Number Design of DMF Performance Optimization at the
Regional Water Quality Control Plant - RFP No.
148081
City of Palo Alto Page 3
Proposed Length of Project 12 months
Number of Solicitations for
Proposal mailed &/or emailed
19
Total Days to Respond to
Proposal
26
Pre-proposal Meeting Date October 30, 2012
Number of Company
Attendees at Pre-proposal
Meeting
4 firms
Number of Proposals
Received:
4
Number of Companies
Interviewed
4
Range of Proposal Amounts
Submitted
$205,430 to $368,163
Evaluation of Proposals
An evaluation committee consisting of staff from the Public Works Department’s
Environmental Services Division (ESD) reviewed the proposals. Four firms were
invited to participate in oral interviews on December 4 and 5, 2012. The
committee carefully reviewed each firm's qualifications and submittal in response
to the criteria identified in the Request for Proposals (RFP). The criteria used to
evaluate the proposing firms included: quality and completeness of proposal;
quality, performance, and effectiveness of the work plan; proposer's experience;
proposer's ability to perform the work within the time specified; cost; proposer's
financial stability; proposer's prior record of performance; and proposer's
compliance with applicable laws and regulations. Kennedy/Jenks Consultants, Inc.
was selected because of its innovations, experienced project staffing,
understanding of project requirements, relevant project experience, and
knowledge of project solutions.
City of Palo Alto Page 4
Resource Impact
Funding is available in the FY 2013 Enterprise Wastewater Treatment Fund Capital
Improvement Program project WQ-80021 Plant Equipment Replacement budget.
Policy Implications
Authorization of this project does not represent a change in existing policies.
Environmental Review
This project is exempt from review under the California Environmental Quality Act
pursuant to CEQA Guidelines Section 15301 (b), which includes repair,
maintenance, and minor alteration of publicly-owned wastewater facilities
involving negligible expansion.
Attachments:
Attachment A: S13148081_Kennedy Jenks_DMF Performance Optimization_Final (PDF)
CITY OF PALO ALTO CONTRACT NO. S13148081
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND
FOR PROFESSIONAL SERVICES
This Agreement is entered into on this 21 st day of February, 2013, ("Agreement") by and
between the CITY OF PALO ALTO, a California chartered municipal corporation ("CITY"), and
KENNEDY/JENKS CONSULTANTS, a California corporation, located at 303 Second Street,
Suite 300, South San Francisco, CA 94107, telephone number (415)243-2150 ("CONSULTANT").
RECITALS
The following recitals are a substantive portion ofthis Agreement.
A. CITY intends to design the air wash system, investigate leakage into mud wells, pilot testing
at DMF, design miscellaneous modifications at the clarifiers ("Project") and desires to engage a
consultant to provide professional services in connection with the Project ("Services").
B. CONSULTANT has represented that it has the necessary professional expertise,
qualifications, and capability, and all required licenses and/or certifications to provide the Services.
C. CITY in reliance on these representations desires to engage CONSULTANT to provide the
Services as more fully described in Exhibit "A", attached to and made a part ofthis Agreement.
NOW, THEREFORE, in consideration ofthe recitals, covenants, terms, and conditions, this
Agreement, the parties agree:
AGREEMENT
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in
Exhibit "A" in accordance with the terms and conditions contained in this Agreement. The
performance of all Services shall be to the reasonable satisfaction of CITY.
o Optional On-Call Provision (This provision only applies if checked and only applies to on-call
agreements.)
Serviceswill be authorized by the City, as needed, with a Task Order assigned and approved by the
City's Project Manager. Each Task Order shall be in substantially the same form as Exhibit A-I.
Each Task Order shall designate a City Project Manager and shall contain a specific scope of work, a
specific schedule of performance and a specific compensation amount. The total price of all Task
Orders issued under this Agreement shall not exceed the amount of Compensation set forth in
Section 4 of this Agreement. CONSULTANT shall only be compensated for work performed under
an authorized Task Order and the City may elect, but is not required, to authorize work up to the
maximum compensation amount set forth in Section 4.
Professional Services
Rev. June 2, 2010
SECTION 2. TERM The term of this Agreement shall be from the date of its full execution
through 02/16/2016 unless terminated earlier pursuant to Section 19 of this Agreement.
SECTION 3. SCHEDULE OF PERFORMANCE. Time is ofthe essence in the performance of
Services under this Agreement. CONSULTANT shall complete the Services within the term ofthis
Agreement and in accordance with the schedule set forth in Exhibit "B", attached to and made a part
of this Agreement. Any Services for which times for performance are not specified in this
Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and
timely manner based upon the circumstances and direction communicated to the CONSULTANT.
CITY's agreement to extend the term or the schedule for performance shall not preclude recovery of
damages for delay if the extension is required due to the fault of CONSULTANT.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to
CONSULTANT for performance ofthe Services described in Exhibit "A", including both payment
for professional services and reimbursable expenses, shall not exceed Two Hundred and Five
Thousand Four Hundred and Thirty Dollars ($205,430). In the event Additional Services are
authorized, the total compensation for services and reimbursable expenses shall not exceed Two
Hundred Twenty five Thousand Nine Hundred and Seventy three Dollars ($225,973). The
applicable rates and schedule of payment are set out in Exhibit "C-1", entitled "HOURL Y RATE
SCHEDULE," which is attached to and made a part of this Agreement.
Additional Services, if any, shall be authorized in accordance with and subject to the provisions of
Exhibit "C". CONSULTANT shall not receive any compensation for Additional Services performed
without the prior written authorization of CITY. Additional Services shall mean any work that is
determined by CITY to be necessary for the proper completion of the Project, but which is not
included within the Scope of Services described in Exhibit "A".
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly
invoices to the CITY describing the services performed and the applicable charges (including an
identification of personnel who performed the services, hours worked, hourly rates, and
reimbursable expenses), based upon the CONSULTANT's billing rates (set forth in Exhibit "C-1 ").
If applicable, the invoice shall also describe the percentage of completion of each task. The
information in CONSULTANT's payment requests shall be subject to verification by CITY.
CONSULTANT shall send all invoices to the City'S project manager at the address specified in
Section 13 below. The City will generally process and pay invoices within thirty (30) days of
receipt.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be
performed by CONSULTANT or under CONSULTANT's supervision. CONSULTANT represents
that it possesses the professional and technical personnel necessary to perform the Services required
by this Agreement and that the personnel have sufficient skill and experience to perform the Services
assigned to them. CONSULTANT represents that it, its employees and subconsultants, if permitted,
have and shall maintain during the term of this Agreement all licenses, permits, qualifications,
insurance and approvals of whatever nature that are legally required to perform the Services.
Professional Services
Rev. June 2, 2010
All of the services to be furnished by CONSULTANT under this agreement shall meet the
professional standard and quality that prevail among professionals in the same discipline and of
similar knowledge and skill engaged in related work throughout California under the same or similar
circumstances.
SECTION 7. COMPLIANCE WITH LAWS. CONSUL TANTshall keep itself informed of and
in compliance with all federal, state and local laws, ordinances, regulations, and orders that may
affect in any manner the Project or the performance of the Services or those engaged to perform
Services under this Agreement. CONSULTANT shall procure all permits and licenses, pay all
charges and fees, and give all notices required by law in the performance of the Services.
SECTION 8. ERRORS/OMISSIONS. CONSULTANT shall correct, at no cost to CITY, any and
all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives
notice to CONSULTANT. If CONSUL TANT has prepared plans and specifications or other design
documents to construct the Project, CONSULTANT shall be obligated to correct any and all errors,
omissions or ambiguities discovered prior to and during the course of construction of the Project.
This obligation shall survive termination of the Agreement.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works
project, CONSULTANT shall submit estimates of probable construction costs at each phase of
design submittal. If the total estimated construction cost at any submittal exceeds ten percent (10%)
of the CITY's stated construction budget, CONSULTANT shall make recommendations to the
CITY for aligning the PROJECT design with the budget, incorporate CITY approved
recommendations, and revise the design to meet the Project budget, at no additional cost to CITY.
SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in performing
the Services under this Agreement CONSULTANT, and any person employed by or contracted with
CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an
independent contractor and not an agent or employee of the CITY.
SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of
CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or
transfer any interest in this Agreement nor the performance of any of CONSULTANT's obligations
hereunder without the prior written consent of the City Manager. Consent to one assignment will
not be deemed to be consent to any subsequent assignment. Any assignment made without the
approval of the City Manager will be void.
SECTION 12. SUBCONTRACTING. No Subcontractor: CONSULTANT shall not subcontract
any portion of the work to be performed under this Agreement without the prior written
authorization of the City Manager or designee.
CONSUL TANT shall be responsible for directing the work of any sub consultants and for any
compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning
compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions ofa
subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of
the City Manager or his designee.
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SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign John Wyckoff as
the Proj ect Manager to have supervisory responsibility for the performance, progress, and execution
of the Services and to represent CONSULTANT during the day-to-day work on the Project. If
circumstances cause the substitution of the project director, project coordinator, or any other key
personnel for any reason, the appointment of a substitute project director and the assignment of any
key new or replacement personnel will be subject to the prior written approval ofthe CITY's project
manager. CONSULTANT, at CITY's request, shall promptly remove personnel who CITY finds do
not perform the Services in an acceptable manner, are uncooperative, or present a threat to the
adequate or timely completion of the Project or a threat to the safety of persons or property.
The City's project manager is Padmakar Chaobal, Public Works Department, Water Quality Control
Plant Division, Telephone: 650-329-2287. The project manager will be CONSULTANT's point of
contact with respect to performance, progress and execution of the Services. The CITY may
designate an alternate project manager from time to time.
SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including
without limitation, all writings, drawings, plans, reports, specifications, calculations, documents,
other materials and copyright interests developed under this Agreement shall be and remain the
exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees
that all copyrights which arise from creation ofthe work pursuant to this Agreement shall be vested
in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual
property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if any, shall make
any of such materials available to any individual or organization without the prior written approval
of the City Manager or designee. CONSULTANT makes no representation of the suitability of the
work product for use in or application to circumstances not contemplated by the scope of work.
SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time
during the term of this Agreement and for three (3) years thereafter, CONSULTANT's records
pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and
retain such records for at least three (3) years after the expiration or earlier termination of this
Agreement.
SECTION 16. INDEMNITY.
16.1. To the fullest extent permitted by law, CONSULTANT shall protect,
indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents
(each an "Indemnified Party") from and against any and all demands, claims, or liability of any
nature, including death or injury to any person, property damage or any other loss, including all
costs and expenses of whatever nature including attorneys fees, experts fees, court costs and
disbursements ("Claims") that arise out of, pertain to, or relate to the negligence, recklessness, or
willful misconduct ofthe CONSULTANT, its officers, employees, agents or contractors under this
Agreement, regardless of whether or not it is caused in part by an Indemnified Party.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to
require CONSULTANT to indemnify an Indemnified Party from Claims arising from the active
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negligence, sole negligence or willfu~ misconduct of an Indemnified Party.
16.3. The acceptance of CONSUL TANT' s services and duties by CITY shall not
operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive
the expiration or early termination of this Agreement.
SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any covenant,
term, condition or provision ofthis Agreement; or of the provisions of any ordinance or law, will not
be deemed to be a waiver of any other term, covenant, condition, provisions, orclinance or law, or of
any subsequent breach or violation ofthe same or of any other term, covenant, condition, provision,
ordinance or law. '
SECTION 18. INSURANCE.
18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full
force and effect during the term ofthis Agreement, the insurance coverage described in Exhibit "D".
CONSULTANT and its contractors, ifany, shall obtain a policy endorsement naming CITY as an
additional insured under any general liability or automobile policy or policies.
18.2. All insurance coverage required hereunder shall be provided through carriers
with AM Best's Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to
transact insurance business in the State of California. Any and all contractors of CONSULTANT
retained to perform Services under this Agreement will obtain and maintain, in full force and effect
during the term of this Agreement, identical insurance coverage, naming CITY as an additional
insured under such policies as required above.
18.3. Certificates evidencing such insurance shall be filed with CITY concurrently
with the execution ofthis Agreement. The certificates will be subject to the approval of CITY's Risk
Manager and will contain an endorsement stating that the insurance is primary coverage and will not
be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the
Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification,
CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance
are provided to CITY's Purchasing Manager during the entire term of this Agreement.
18.4. The procuring of such required policy or policies of insurance will not be
construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions
of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be
obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as
a result of the Services performed under this Agreement, including such damage, injury, or loss
arising after the Agreement is terminated or the term has expired.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The City Manager may suspend the performance ofthe Services, in whole or
in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written
notice thereofto CONSULTANT. Upon receipt of such notice, CONSULTANT will immediately
discontinue its performance of the Services.
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Rev. June 2, 2010
19 .2. CONSULTANT may terminate this Agreement or suspend its performance of
the Services by giving thirty (30) days prior written notice thereofto CITY, but only in the event of
a substantial failure of performance by CITY.
19.3. Upon such suspension or termination, CONSULTANT shall deliver to the
City Manager immediately any and all copies of studies, sketches, drawings, computations, and
other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given
to CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will
become the property of CITY.
19.4. Upon such suspension or termination by CITY, CONSULTANT will be paid
for the Services rendered or materials delivered to CITY in accordance with the scope of services on
or before the effective date (Le., 10 days after giving notice) of suspension or termination; provided,
however, if this Agreement is suspended or terminated on account of a default by CONSULTANT,
CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT's
services which are of direct and1mmediate benefit to CITY as such determination may be made by
the City Manager acting in the reasonable exercise ofhis/her discretion. The following Sections
will survive any expiration or termination of this Agreement: 14, 15, 16, 19.4,20, and 25.
19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will
operate as a waiver on the part of CITY of any of its rights under this Agreement.
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by
certified mail, addressed as follows:
To CITY: Office ofthe City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager
To CONSULTANT: Attention of the Project Director
at the address of CONSULTANT recited above
SECTION 21. CONFLICT OF INTEREST.
21.1. In accepting this Agreement, CONSULTANT covenants that it presently has
no interest, andwill not acquire any interest, direct or indirect, financial or otherwise, which would
conflict in any manner or degree with the performance of the Services.
21.2. CONSULTANT further covenants that, in the performance of this Agreement,
it will not employ subconsultants, contractors or persons having such an interest. CONSULTANT
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certifies that no person who has or will have any financial interest under this Agreement is an officer
or employee ofCITY;this provision will be interpreted in accordance with the applicable provisions
ofthe Palo Alto Municipal Code and the Government Code ofthe State of California.
21.3. If the Project Manager determines that CONSULTANT is a "Consultant" as
that term is defined by the Regulations ofthe Fair Political Practices Commission, CONSULTANT
shall be required and agrees to file the appropriate financial disclosure documents required by the
Palo Alto Municipal Code and the Political Reform Act.
SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section
2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not
discriminate in the employment of any person because of the race, skin color, gender, age, religion,
disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status,
weight or height of such person. CONSULTANT acknowledges that it has read and understands the
provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination
Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section
2.30.510 pertaining to nondiscrimination in employment.
SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE
REQUIREMENTS. CONSULTANT shall comply with the City's Environmentally Preferred
Purchasing policies which are available at the City's Purchasing Department, incorporated by
reference and may be amended from time to time. CONSULTANT shall comply with waste
reduction, reuse, recycling and disposal requirements of the City's Zero Waste Program. Zero
Waste best practices include first minimizing and reducing waste; second, reusing waste and third,
recycling or composting waste. In particular, Consultant shall comply with the following zero waste
requirements:
• All printed materials provided by Consultant to City generated from a personal
computer and printer including but not limited to, proposals, quotes, invoices,
reports, and public education materials, shall be double-sided and printed on a
minimum of30% or greater post-consumer content paper, unless otherwise approved
by the City's Project Manager. Any submitted materials printed by a professional
printing company shall be a minimum of30% or greater post-consumer material and
printed with vegetable based inks.
• Goods purchased by Consultant on behalf of the City shall be purchased in
accordance with the City's Environmental Purchasing Policy including but not
limited to Extended Producer Responsibility requirements for products and
packaging. A copy ofthis policy is on file at the Purchasing Office.
• Reusable/returnable pallets shall be taken back by the Consultant, at no additional
cost to the City, for reuse or recycling. Consultant shall provide documentation from
the facility accepting the pallets to verify that pallets are not being disposed.
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SECTION 24. NON-APPROPRIATION
24.1. This Agreement is subject to the fiscal provisions ofthe Charter ofthe City of
Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a)
at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year,
or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of
the fiscal year and funds for this Agreement are no longer available. This section shall take
precedence in the event of a conflict with any other covenant, term, condition, or provision of this
Agreement.
SECTION 25. MISCELLANEOUS PROVISIONS.
25.1. This Agreement will be governed by the laws of the State of California.
25.2. In the event that an action is brought, the parties agree that trial of such action
will be vested exclusively in the state courts of California in the County of Santa Clara, State of
California.
25.3. The prevailing party in any action brought to enforce the provisions of this
Agreement may recover its reasonable costs and attorneys' fees expended in connection with that
action. The prevailing party shall be entitled to recover an amount equal to the fair market value of
legal services provided by attorneys employed by it as well as any attorneys' fees paid to third
parties.
25.4. This document represents the entire and integrated agreement between the
parties and supersedes all prior negotiations, representations, and contracts, either written or oral.
This document may be amended only by a written' instrument, which is signed by the parties.
25.5. The covenants, terms, conditions and provisions of this Agreement will apply
to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the
parties.
25.6. If a court of competent jurisdiction finds or rules that any provision of this
Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this
Agreement and any amendments thereto will remain in full force and effect.
25.7. All exhibits referred to in this Agreement and any addenda, appendices,
attachments, and schedules to this Agreement which, from time to time, may be referred to in any
duly executed amendment hereto are by such reference incorporated in this Agreement and will be
deemed to be a part of this Agreement.
25.8 If, pursuant to this contract with CONSULTANT, City shares with
CONSULTANT personal information as defined in California Civil Code section 1798.81.5( d)
about a California resident ("Personal Information"), CONSULTANT shall maintain reasonable and
appropriate security procedures to protect that Personal Information, and shall inform City
immediately upon learning that there has been a breach in the security of the system or in the
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EXHIBIT" A"
Scope of Services
Design of DMF Performance Optimization
(CIP NUMBER WQ -80021)
DMF Optimization
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Rev. June 2, 2010
Scope of Work
DESCRIPTION OF WORK
General description: Provide engineering services for design, control programming, construction
support, startup and testing of a dual media filtration airwash system, blowers, electrical and
control/automation equipment, valves, slide gates, secondary clarifier effluent launder and weir
washer, and miscellaneous modifications to dual media filtration (DMF) filters and secondary
clarifiers. Additionally, design a pilot air scour, underdrain, and filter trough system, in one
IS'x30'x13' (WxLxD) filter tank, for DMF filter optimization testing; Provide design for bench-
scale testing in 8-inch columns of varying filter media profiles (media type and layer configuration)
for the pilot filters; oversee construction of pilot filter; and conduct pilot testing over a 6 month
period. City (WQCP) shall perform daily operations and data collection of the bench scale pilot
testing equipment.
Air wash system: Provide engineering services for design, construction support, startup and
performance testing of a new air wash system to replace the surface wash system for 11 of 12
existing DMF filters. Installation is to be phased, with equipment installed on a single filter which
will be performance tested for a period of time (3 months or as recommended) prior to the
installation of air washers for 10 additional filters. The air wash system will include blowers, air
wash piping and appurtenances, and integration with the plant's existing SCADA and PLC system.
DMF pilot testing: The remaining filter will be used for pilot testing of improvements to optimize
performance of the existing DMF filtration system. The results of pilot testing will form the basis for
future upgrades. The Consultant will recommend equipment for the pilot testing, including a new air
scour, low profile underdrain, effluent trough and filter media system for future filter upgrades;
observe and facilitate bench testing by City, using 8-inch columns, differing media profiles (media
type and layering) to optimize for longest filter run time; prepare documents for construction of the
pilot test filter; provide engineering services for construction support, startup and performance
testing; conduct pilot testing for 6 months, after which the Plant will continue to operate the filter.
DMF backwash system: Investigate source of leakage of backwash water into mud wells. Design
replacement valves and actuators. Investigate and recommend control programming to automate
initiation of backwashing based on filter headloss. R WQCP staff will implement control
programming.
Secondary Clarifiers: Design improvements to existing secondary clarifiers, including a weir washer
and launder cleaning system; automation of an existing round pipe surface scum removal trough
with integration into PLC and SCADA HMI screens; modifications to an existing scum removal box
and pump system in the secondary effluent channel; replacement of v-notch weir plates; fill-in of
corners of square clarifiers, with removal of clarifier mechanism corner sweeps; upto 16 new slide
gates in effluent lalJllders to isolate individual clarifiers.
BACKGROUND
Palo Alto Regional Water Quality Control Plant
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The Palo Alto Regional Water Quality Control Plant (RWQCP or Plant) treats domestic,
commercial, and industrial wastewater from the cities of Mountain View, Palo Alto and Los Altos,
the Town of Los Altos Hills, East Palo Alto Sanitary District and Stanford University. The service
area has a residential population of approximately 217,000 people. The Plant has an average influent
flow of21 mgd, a permitted design capacity of39 mgd, and a peak wet weather flow capacity of80
mgd. Plant facilities include the headworks, primary, secondary and tertiary treatment, disinfection,
recycled water, and biosolids treatment facilities.
The most of the major facilities of the R WQCP were built in 1972 with the construction of an
activated sludge secondary treatment facility. Process facilities built in 1972 include an influent
pump station, primary sedimentation tanks, activated sludge tanks, square shape secondary clarifiers,
chlorine disinfection facilities and biosolids incineration facilities. The plant was upgraded to
tertiary treatment in 1979 with the addition of dual media filtration and fixed film reactors (trickling
filters). In 1988 the plant was expanded to its current capacity with modifications to various existing
facilities, and the addition of two new circular secondary clarifiers, which operate in parallel with
the existing square shaped clarifiers. An ultraviolet disinfection facility was added in 2010 to replace
chlorination for effluent disinfection. Plant layout and process flow diagrams are attached to this
scope of work.
Attachments
• Existing facilities layout
• Process flow diagram
Secondary Clarifiers
The Plant has 6 secondary clarifiers, of which four are a square shape and two are circular in shape.
The square clarifiers were constructed in 1972 and are 120' square in shape. Scum is collected by a
fixed elevation stainless steel weirlbox in the secondary effluent channel and pumped to the primary
sedimentation tanks. The circular clarifiers were constructed in 1988 and are 120' in diameter. The
circular clarifiers have a round-pipe surface scum removal trough. By rotating as tank water level
changes the scum trough can maintain a constant flow through slots in the pipe. Currently the system
is rotated manually on a periodic basis. Automating the scum trough would capture scum better and
should reduce the amount of water needed for scum removal.
Attachments
• Clarifier, DMF design summary
• Circular clarifier plan view (Clarifiers 5 and 6)
• Circular clarifier typical section
• Square clarifier plan view (Clarifiers 1,2,3,4)
• Square clarifier typical section
Dual Media Filtration (DMF) Facility
The final treatment process before UV disinfection and discharge to the San Francisco Bay is dual
media filtration tertiary treatment. Although the filters are effective at maintaining low effluent TSS,
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filter backwash frequency is too high. Time between backwash cycles is limited by buildup of
organic matter o~ the surface ofthe filters. The DMF system is described further in Task 3.
Attachments
• DMF isometric drawing
TASKS
Task 1-Clarifiers 5 & 6 (round clarifiers)
1.1 Design a weir washer and launder cleaning system (e.g., Gill Trading Company) using plant
recycle water (W4). If attached to the clarifier mechanism the cleaning system should be
articulated to "dive" under the clarifier's fixed scum trough as it passes by.
1.2 Consider either modification of existing scum removal system or installation of scum beach
system and provide advice on both systems. Design automation of system selected by City;
automation of round pipe surface scum trough draining, integrated ~nto PLC and SCADA HMI
screens or installation of beach system.
Task 2 -Clarifiers 1,2,3, & 4 (square clarifiers)
2.1 Design replacement effluent weirs to balance of flow over weirs in radial pattern so that
disproportionate flows are not directed to comers of square clarifier. Provide detailed
fabrication drawing ofFRP launder weir. The goal is to reduce carryover of pin floc and solids
due to unequal overflow conditions due to non-round conditions. Additional solids sent to the
Dual Media Filtration facility increases run times and energy use.
2.2 Design changes to secondary effluent channel scum trough and pumping system. The removal
of accumulated scum in the secondary effluent channel needs to be automated. The current
system needs minor modifications to effectively remove scum. A large scum blanket has been
responsible for carryover into the Dual Media Filtration facility causing blinding ofthe media,
reducing filter run times, increasing energy use, and encouraging media loss from scum
attached to anthracite coal.
2.3 Design comer fill-in for each clarifier with lightweight structural material (Le., matching water)
to eliminate comer sweep mechanisms. Comer sweep mechanism has a "kick" when wheel is
released or retracted. This kick and stop motion stirs up settled sludge in the comers and
throughout the clarifier from a slight jerking motion on the clarifier arms. The comer sweeps
are a notorious mechanical problem for maintenance crews.
2.4 Design for the installation of up to 16 slide gates so that secondary clarifier launders can be
isolated when specific clarifiers are out of service (typically any 2 of the 4 clarifiers).
Task 3 -DMF Backwash Waste Valve Replacement
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3.1 Detennine source of leaking water into mud wells. This includes checking for leaking mud
well valves and verifying that no water is leaking into the mud wells via the mud well spray
system. Pinpoint the Backwash Waste Valves that need replacing. Operations staff can assist.
Protocols to be reviewed by City staff.
3.2 Design replacement backwash waste valve and actuators for up to 9 ofthe filters 12 backwash
waste valves. Valves and actuators will be replaced in kind. An additional flanged coupling
adapter is necessary to aid construction. Existing repair drawings and specifications from 2003
project for 3 of the 12 backwash waste valves are available for review. These repairs will
reduce the wasting of flow into mudwells, reduce energy use, and reduce recycle flows.
Task 4 -Dual Media Filtration (DMF) Facility Filter Airwash System
Problem Statement:
The DMF filters have a problem involving surface clogging. Surface clogging ofthe filter media is
usually caused by rapid accumulation of solids on the top surface of the fine media. Surface clogging
is usually not a problem in dual media filters because of the greater porosity of the coal layer as
compared with single media sand filters; however there are portions of the top media (e.g., comers)
that are not washed as effectively and willencourage media loss during backwashes. Solids collect
throughout the depth of the coal media rather than mostly at the surface. "Mudding" in the poorly
washed surface areas of the comers and mid-section causes problems. The mudding tends to migrate
throughout the media bed, causes media mixing at the dual media interface, reduces hydraulic
throughput in the comers and mid-section, and significantly reduces filter run times through a less
efficient cleaning process (e.g., compared to airwash systems). The City desires to replace the
surface wash system with an airwash system to increase filter runtimes, decrease backwash flows
through the plant, save on energy, extend the life of the filter equipment by reducing its nonnal wear
and tear, and (potentially) eliminate the sodium hypochlorite backwashes that are currently needed
to reduce mudding.
Method of Operation:
Whether the control is automatic or manual, the sequence is the same for backwashing any filter,
as follows:
1. Close influent valve:
2. Filter level drawdown: Because effluent valve is still open, the filter level drops to six
inches above the surface wash anns (approximately 3.4 feet on the filter level indicator) and
then reports ready condition to PLC.
3. Close effluent valve: At the drawdown level, the PLC closes the effluent valve.
4. Start backwash pump
5. Open five air relief valves
6. Open backwash rate valve 30% for air bleeding in two minutes
7. Close air relief valves
8. Close backwash rate controller valve
9. Open backwash waste drain valve
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10. Start the surface wash pump
11. Open the filter backwash valve: If drain valve is open and backwash pump at pressure, the
PLC opens the backwash supply inlet valve.
12. Open and close the surface wash valve: When the drain valve is full open, backwash pump
running, and surface wash pump running, the PLC opens the surface wash valve. After a
preselected time, the PLC closes the surface wash valve and stops the surface wash pump.
13. Operate the backwash rate controller and valve: When backwash valve reports OPEN, the
PLC will sequence the backwash supply through the backwash rate controller at set times and
flows. The rate controller will then control the backwash rate valve according to the backwash
rates and times schedule normally set into the DMF SCADA screen by Operations. If the
Operator does not load the desired rates and times into the DMF SCADA screen, the PLC will
automatically start the backwash at the rates and times approximately as follows:
Time Sequence Rate (gpm) Duration (min)
TJ From 0 increase to 3,960 gpm (40%) 1 (min)
T2 Steady at 3,960 gpm (40%) 2 Yz (min)
T3 From 3,960 gpm increase to 7,920 gpm (80%) 1 (min)
T4 Steady at 7,920 gpm (80%) 5 (min)
Ts From 7,920 gpm decrease to 1,980 gpm (20%) 1 (min)
T6 Surface wash time interval (Tl to 2 min ofT4) 6 Yz (min)
The surface wash will automatically start at time T 1 and stop 2 minutes after T 4 start. The
surface wash operates at a constant flow rate of about 300 gpm.
14. Close the backwash valve and stop the backwash pump: After completion ofTs, the PLC
fills the filter with backwash supply water until the filter level reaches 6 feet then stops the
backwash supply pump. At the same time, the PLC will close the backwash supply inlet
valve.
15. Open the influent valve: When the drain valve is closed, the PLC opens the filter influent
valve.
16. Open the effluent valve: When the filter is at operating level, the PLC opens the effluent
valve to open to the set rate. The backwash for this filter is now complete and the system
will resume scanning for other filters requiring backwash.
Each step in the backwash sequence is checked for completion before the next step proceeds. If any
step fails to verify within the period the sequence failure times out, the PLC will restore all valves to
normal filtering position. Also, the PLC will not start the backwash unless (1) mud well level is
sufficiently low (Le. A level of 17 feet) to accept the backwash waste, (2) clear well water level is
sufficiently high (Le. A level of 5 feet) to supply the backwash water required, and (3) no other
filter is being backwashed.
Assuming that the following time sequence and rates were selected and entered into the Filter
Control Panel by the Operator, the quantity of water (filtered effluent) used in backwashing one
filter can be computed as shown below:
Average Rate (gpm)
Time Sequence Rate (f;!;pm) (multiDlv bv time)
TJ o to 3,960 1,980
T2 3,960 3,960
Time (min)
1
2.5
(f;!;al)
1,980
9,900
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T3 3,960 to 7,920 5,940 1 5,940
T4 7,920 7,920 5 39,600
Ts 7,920 tol,980 4,950 1 4,950
T6 (surface wash) 300 300 6.5 1,800
Total Water 64,170 gallons
The 12 filters are reinforced concrete structures, each measuring 30 feet x 15 feet x 13 feet deep. The
bottom of each filter has six 6-inch wide by 8-inch high sills running longitudinally the full length of
the filter. These sill support precast media support blocks (i.e. Robertson Filter Group Wheeler
under drain) and form the under drain channels for passage offilter effluent and backwash influent.
The 5-inch deep media support blocks form a false filter bottom, which consists of a regular pattern
of inverted, pyramidal-shaped depressions, with a 5/8-inch orifice and four 1-3/8 inches in diameter,
which form a support structure for the media and prevent escape of media through the orifices while
allowing passage of filter effluent and backwash water.
Filter media consists, from top to bottom, of a 24-inch layer of anthracite coal (ES 1.2-1.4, UC
<1.5), 12-inches of sand (ES 0.4 -0.6, UC <1.7), and a four 3-inch graded layers of gravel, ranging
from #10 mesh to I-inch size.
Each filter is equipped with two rotary-type "surface wash" distributors for use during part of the
filter backwash cycle to assure turbulent mixing of media grains so as to maximize cleansing. These
rotosweep units employ several water jet nozzles directed at an angle slightly below horizontal
position. The nozzles deliver clear well storage water at 60 psi and use the eductor principle to draw
water into their flow stream to increase turbulence. The air supply tube is open to atmosphere
through the rotary axis ofthe unit above the maximum water level in the filter. For proper operation,
each rotosweep unit requires 126 gpm at 60 psi. The rotating arms are mounted about 2-1/2 inches
above the top surface of the coal layer, so that they do not interfere with the media during normal
filtering. When the media bed is expanded during backwashing, the arms rotate, by the force of the
water nozzles, in the midst ofthe turbuleQ.t media cloud created by the main backwash flow.
Surface wash pumps are each 300 gpm, 185-foot TDH, end-suction, centrifugal units, each driven by
a 25 hp, 3,525 rpm, 460 volt, 3-phase, constant speed motor. The pumps are Aurora, Mode1411, 2 x
2-1/2 x 10 units.
Operation of the surface wash pumps is normally controlled automatically by the filter backwash
PLC for the preset period at the beginning of each backwash cycle. Surface wash flow should stop
about 60 seconds before the end of the high rate backwash cycle to allow the media to re-stratify.
Pumps can also be run manually from their H-O-A selector switches at the Filter Control Panel. Air
is bled from the surface wash lines into the odd DMF filter influent channel to avoid water hammer.
Only one of the two pumps operates at a time.
Attachments
• Existing media specs
Tasks:
4.1 Design an air scour system to replace the surface wash system at the DMF.
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Approximate design basis (verify with manufacturer):
• 1125 to 1350 cfm blower, depending on system requirements
• 6 to 10 psi operating setpoint, depending on selected air distribution system
• 2.5 to 3 cfm of air per square foot of media on each ofthe DMF's 12 15'x30' filters,
depending on system requirements
Provide a pre-design Technical Memorandum to make recommendation for specific
products including:
• Roberts Filter Group (Aries Managed Air System)
Anticipated equipment for this design includes (recommendations below are to be
verified or modified during're-design'):
• Blower Package
2ea -50 hp positive displacement or rotary blowers, 480V power, 1 duty and 1 standby
2ea -blower packages with blower, motor, mounting, OSHA equipment, relief valve,
inlet filter and silencer, discharge silencer, spool type flexible connectors, check
valve, pressure gauge, and sound enclosure, all located inside the DMF building.
• Air Piping System
12ea -120V airwash wafer style, butterfly control valves; located outdoors; 1 unit per
DMF filter (Note: the existing power wiring, control wiring, and pneumatic air
supply used by the existing surface wash control valves can be reused for the new
airwash valves to reduce costs)
lea -in-filter stainless steel airwash supply and drop piping system
1 ea -out-of-filter carbon steel airwash piping system
3ea -air isolation valves at blowers, manually operated
1 ea -air pressure indicator and transmitter tied into plant SCADA
• SCADA and PLC Integration
lea -HMI -the plant's remote HMI is an existing SCADA node; it is standardized on
GE Fanuc iFix 4.5; the following data shall be tied into the Plant's DMF SCADA
node via existing Ethernet from the Plant's Allen Bradley PLC5 at the DMF:
• Air blower run/stop status, fail status, PLC/local status (discrete)
• Air control valve open/close status (discrete)
• Air blower pressure output (analog)
DMF HMI changes will be by plant staff. A complete I/O list will be needed.
lea -The air scour system will be controlled by the Plant's PLC via the DMF's existing
Allen Bradley PLC5 computer, which has an identical filter backwash program for
each filter. The DMF' s PLC5 will control the new air scour blowers and new airwash
control valves. Initially, only 1 ofthe 12 backwash programs will be modified until
completion ofthe filter performance test; after performance testing the remaining 11
programs will be modified
Note 1: For programming support--prior to facility startup--plant staffwill need to be provided with
a complete I/O list; plant electricians will then modify 1 ofthe 12 existing PLC5 backwash
programs; as a service during construction, the Consultant will see that plant staff are
properly informed and advised of the recommended changes to the existing backwash
control program (e.g., change to backwash sequence timing based on flock retention
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analysis, turbidity analysis during backwash, as well as startup and performance testing
lessons)
Note 2: Based on recent filter surveillance by ERS Industrial Services on April 4, 2012, the
existing media does not need replacemerit.
Deliverables
• Pre-design Technical Memorandum, air scour (air wash) system (Task 4)
10 hardcopies and 1 DVD with Word and pdf copies (downloadable files OK)
o Recommendations for equipment and system design, following review and discussion
of preliminary selections of equipment and installation sites with Plant staff.
o Advantages, disadvantages and costs for equipment options or equipment alternatives.
o Product specifications and cut sheets for recommended equipment, including
equipment options
o Narrative (can be list format) operation and control strategy, with P&ID for air scour
system, and integration with SCADA and PLC systems
o Construction procedure and installation plan. Among other items, include:
• Procedures for keeping the DMF facility in operation during demolition and
installation.
• Number of filters that can be out of service at one time.
• Provision to supply air to one filter for extended period testing, and incrementally
bringing additional filters online
o Layout diagrams for equipment, including in-tank and exterior air piping systems and
blower equipment
o Electrical single line diagrams with tie-in to existing plant power equipment
o Electrical service requirements (power)
o Electrical load calculations
o Preliminary cost estimate
o Performance Testing Plan for single filter extended period (e.g. 3 month) testing
(Task 4):
• Explanation of desired outcomes including verification of anticipated performance,
identification of improvements to design or installation, and cost to implement
changes
• Description of startup and performance test procedures and equipment, with
identification of consultant activities, Plant support, manufacturer and/or contractor
involvement
• Means of supplying air to only one filter during the test period if new blower tum
down is insufficient to reduce air supply: Temporary blower? New blower with
system modifications?
• Schedule for startup and performance testing
• Requirements, work, and duties of contractor and/or equipment vendor
• Coordination with Consultant test personnel and/or Plant staff during startup and
testing. For any involvement of Plant Operations staff: Provide instructions to plant
operators, with blank forms (as needed) for recording field observations/data.
• Plant lab analysis and any other requirements for performing testing
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• Preliminary Design Drawings (30%) [for Tasks 1,2,3,4]
Preliminary design shall be developed to the level of detail that is adequate for the R WQCP
to make final decisions so that Consultant may proceed with the final design.
One full size and 10 half size sets, plus one D VD of AutoCAD and pdf files
4.2 90% Design Documents
Design shall include sufficient construction details and clarity that would result in minimal
questions by contractors, timely equipment purchases, minimal change orders, and timely
completion of construction.
Deliverables -90% design
• 90% Construction Plans, complete and fully detailed
Include demolition plans, P&ID, SCADA and PLC integration
One full size and 10 half size sets, plus AutoCAD and pdf versions on DVD
• 90% Construction Specifications, Division 1 General Requirements & Technical Sections.
Specifications to include,
o Measures to minimize disruptions to plant operation, such as:
• Conwuc¥pn sequencing plan
• Construction procedures, including guidelines for shutdown work if necessary
5 hardcopies, plus Word and pdf versions on DVD
• Separate document, bound or stapled:
o Final service requirements, electric load calculations, design criteria, and equipment
data
o Updated cost estimate
o Estimated construction schedule
5 hardcopies, plus Word and pdf versions on DVD
4.3 Final Design Documents
Consultant shall incorporate all comments, finalize calculations, and prepare bid package for
the project. Design shall include sufficient construction details and clarity that would result
in minimal questions by contractors, timely equipment purchases, minimal change orders,
and timely completion of construction.
Deliverables -Final design
• Final plans, stamped
o 1 full size set
o Two DVDs with files in A uta CAD, and half size (llx17) in PDF
• Final specifications, stamped
o One bound hardcopy
o Two DVDs with files in Word and in PDF·
• Separate document, bound, containing:
o Final service requirements, electric load calculations, design criteria, and equipment
data
o Updated cost estimate
o Estimated construction schedule
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• Five hardcopies
• Electronicfiles in Word and in PDF
4.4 Initial, Single Filter, Perfonnance Test: The city desires to install an airwash system for 11 of
the 12 filters at this time. The Consultant will provide engineering documents that provide for a
perfonnance test on a single filter for a period of time (e.g., 3 months). After successful
completion of the startup and perfonnance test, the installation contractor will be authorized to
install an airwash in the remaining 10 filters, staff will reprogram the relevant PLC programs,
and the contractor will demo the existing surface wash system pumps, valves, surface sweeps,
etc. The Consultant is to recommend and oversee proper startup and perfonnance testing of
airwash system including filter observations, filter runtime results, proper backwash sequence
and timing, airwash distribution, flock retention analysis plotted against filter depth, backwash
turbidity analysis plotted against backwash time, etc. The Plant lab can assist with turbidity
analysis.
Deliverables
• Provide a summary of findings from the single filter performance test, any data collected, and
summary of recommended modifications for installation of the remaining 10 filters and for
operation of the installed airwash system.
Task 5 -Services during Bid
Consultant engineering services during bid is heavily dependent on sufficiency and clarity of the
plans and specifications that are prepared by the Consultant. The R WQCP acknowledges that there
are circumstances when bidders may have unusually high amount of questions. In preparing the fee
estimate for this task, Consultant should review the company project history and typical fee data for
in-house designs, then provide a fee estimate for assisting the RWQCP with the following tasks:
• Attend pre-bid meeting and walk through
• Respond to bidder questions, requests for clarification and/or infonnation
• Prepare addenda
• Review bid results and provide explanation if necessary
Task 6 --Services during Construction
R WQCP staffwill be the construction manager for the project and will provide day to day on-site
inspection and coordination. Consultant engineering services during construction is heavily
dependent on the sufficiency and clarity of the plans and specifications that are prepared by the
Consultant. The RWQCP acknowledges that there are circumstances when contractor may have
unusually high amount of questions. In preparing the fee estimate for this task, Consultant should
review the company project history and typical fee data for in-house designs, then provide a fee
estimate for assisting the RWQCP with the following tasks:
• Attend pre-construction meeting and monthly meetings
• Review submittals and respond in a timely manner (generally within 7 days)
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• Review Requests for Information (RFIs) and prepare responses in a timely manner (generally
within 7 days)
• Conduct periodic site inspections, monthly at a minimum, and as requested by the R WQCP
construction manager (assume one request per month for purpose of fee information)
• Review, evaluate and provide justification for change order requests from contractor
• Provide technical support and resolution to field problems expeditiously
• Periodically review contractor's red-line drawings
• Assist with equipment start-up and performance testing
• Training
Assist contractor & and equipment vendors with training of pi ant staff. Provide supplemental
training as necessary.
• Prepare record drawings. Provide one full size set and 5 half size sets of record drawings; and
one DVD of record drawings in AutoCAD and pdf
• Consolidated O&M Manual:
Prepare a comprehensive, organized O&M manual for the airwash system (Task 3 airwash
piping, blowers, controls and auxiliary equipment) and for the Pilot DMF Filter Optimization
system (Task 4), containing:
o Table of contents
o Tabbed dividers
o Text prepared by Consultant to give an overview and context:
• Concise explanation of Project purpose and elements of the work.
• Explanation of the systems and equipment installed.
• Explanation ofthe Pilot DMF Optimization Filter (Task 4), including,
• Purpose, materials & equipment, tests & test equipment used
• Optimization methods/options tried
• Optimized filter materials, equipment
• Testing results & expected performance
• Equipment settings and operation procedures for optimum performance
• Forms for operators to log (daily, weekly) equipment checks, operating
settings and readings, observations
o Manufacturer's O&M manuals -airwash system, blowers, etc. (5 sets)
o Factory service startup support (1 ea.)
o Drawings as applicable
Task 7 -Backwash Initiation Automation
7.1 Investigate control programming to automate initiation of DMF filter backwashes based on
head loss. Current backwash initiation is done manually by evaluating head loss values and
filter run times. Recommend any new equipment needed. Convey elements of programming for
backwash initiation to RWQCP staffwho will implement control programming.
Task 8 -Dual Media Filtration Facility Filter Optimization Pilot
Building on the background of Task 3, the City desires to study potential optimization benefits in a
pilot test of a single filter. This pilot will provide a long-term basis for future upgrades ofthe DMF.
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8.1 Recommended pilot test equipment for a new air scour system, underdrain, and filter trough
system. The Consultant will advise in a technical memorandum on the relative cost and technical
merits of the following filtration optimization equipment from A WI, Ovivo EWT, Roberts Filter
Group, or equal:
New low profile underdrain to provide (A WI, Roberts Filter Infinity, Ovivo EWT, or equal):
Gravel-less media support
Improved flow distribution for backwash water
Improved filter influent hydraulics
Elimination of Wheeler Bottom underdrain and gravel
Elimination of surface wash
Improved backwash cleaning
Airwash distribution system (separate air piping system (e.g., Roberts Filter Group Aries Managed
Air) or J-tube style (AWl or Ovivo EWT)
New media bed (per Task 4.2) (e.g., different effective size, monomedia, etc.) to improve filter
runtime between backwashes without a loss in filter effluent water quality
Deeper media bed, if warranted, to improve filter runtime between backwashes without a loss in
filter effluent water quality
The sand layer and anthracite coal layers in the 12 dual media filters may not be optimized for the
longest filter run times at equivalent filter effluent turbidity and TSS. The Consultant is to
recommend 8-inch tube field bench-scale. tests of differing filter media profiles, based on
Consultant's expertise, for consideration as pilot media for Task 4.1 in 1 of the 12 filters.
Alternatively, manufacturer provided pilot assemblies will be considered and coordinated by
Consultant. The City will be responsible for construction and operation of the bench-scale pilot
plant.
8.2a Following completion of Task 8.2, Consultant shall calibrate and run granular medium filtration
computer model. Model shall be utilized to determine optimum granular medium properties for
media specification for optimization study.
Deliverables -Tasks 8.1 & 8.2
Pre-design technical memorandum containing:
Explanation of desired outcomes of pilot testing including potential benefits of upgrading all of the
DMF filters for optimized performance, anticipated performance including energy usage, estimated
cost for upgrading, recommendations for design elements/criteria and operation of the upgraded
DMF facility, and preliminary plan for construction.
Recommended equipment and materials to be installed in the pilot filter
Procedures for construction and startup of pilot filter.
Pilot testing plan
Test equipment and analyses
Description of tests and test procedures
Schedule for construction, startup and performance testing
Identification of Consultant activities, plant staff and lab support, manufacturer and/or contractor
involvement during 6 month performance testing period.
Coordination between Consultant testing personnel and plant staff during startup and testing. For
any involvement of plant Operations staff, provide instructions to plant operators, with blank forms
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(if needed) for recording field observations/data.
Plant lab analysis and any other requirements for performing testing
8.3 Prepare plans and technical specifications for construction ofthe pilot test filter.
8.4 Provide engineering services for technical support during construction and startup.
8.5 Facilitate Performance Testing and Optimization Study
A. Before beginning pilot testing, Consultant's testing staff shall,
1. Become familiar with the DMF facility, the filtration equipment and the operating
procedures, including written procedures and those learned from discussion with Plant
Operators about what they do.
2. Meet with Operations Supervisors and other designated staff to discuss the
characteristics ofthe incoming waste stream, problems that have been encountered in
the past and may occur during testing, downstream processes and sensitivities to
filtered wastewater quality, and target parameters, effluent discharge limits, recycled
water quality requirements, or any other objectives or requirements of the filtration
process.
3. Provide instruction to plant Operators on how to operate the new equipment.
B. Working with assistance from Plant Operators, facilitate operation of the pilot filter for
approximately six months and suggest changes to operation to optimize filter performance
and document the results.
1. Plant Operators will perform the daily operating procedures based on instructions
from the Consultant.
c. Upon completion of pilot testing, prepare a post testing technical memorandum to
document the Study.
Deliverable -Task 8.5
• Post testing Technical Memorandum shall include,
o Summary of work done and testing procedures
o Data collected and recorded
o Findings and results of 6 month performance testing
o Potential benefits of upgrading all of the DMF filters for optimized performance
o Anticipated performance including energy usage
o Estimated cost for upgrading all of the filters
o Recommendations for design elements/criteria and preliminary plan for construction
o Recommendations for operation and monitoring (including lab testing) of the upgraded
DMF facility
8.6 Provide training to plant staff on continued operation and monitoring of pilot filter after test
period is completed.
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Task 9 -Project Management
Project management shall be an integral part of the Consultant services. The Consultant shall
monitor all activities, schedule, and budgets of the project. All activities shall be coordinated
through the City Project Manager.
9.1 Budget and Schedule Tracking
Consultant shall provide budget and schedule tracking of the project. Provide summaries
of project status, budget and schedule status on a monthly basis.
9.2 Project Meetings
Consultant shall coordinate and attend project meetings, and shall update RWQCP project
manager on schedule and budget status.
9.3 Invoices and Payment
Progress payments for consultant services shall reflect the amount of effort and percent
completion. The cumulative payment shall not exceed the completed percent of the total
project fee based on the completed tasks or deliverables.
ADDITIONAL SERVICES
Consultant may be required to perform additional services listed below. Consultant shall perform the
additional services upon written authorization by the City. Payment for the additional services shall
be time and expense based on the schedule of charges but not to exceed a pre-negotiated maximum.
The maximum limit for each additional task shall be negotiated and agreed upon prior to providing
the service. Consultant shall provide a schedule of charges with the fee information. Additional
services may include:
AI. Attend/conduct additional meetings that are not including in the basic scope of services
A2. Attend/conduct additional field inspection that are not including in the basic scope of
services
A3. Excessive amount of submittals beyond normal as justified by Consultant and accepted by
R WQCP construction manager
A4. Excessive amount of RFIs beyond normal as justified by Consultant and accepted by
R WQCP construction manager
GENERAL NOTE ON TECHNICAL MEMORANDA
Expectations for technical memoranda prepared for this project:
• Clarity, thoroughness of analysis, content completeness and concise wording are what
matters most. Simple diagrams and graphics can help with clarity.
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• Formal formatting, pretty graphics, and the like are not important. The technical memoranda
are not supposed to be formal reports; they are only for conveyance of information.
• Completeness does not mean you include extra information on whatever you think the client
might want or like. Just meet the need.
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EXHIBIT "B"
SCHEDULE OF PERFORMANCE
CONSULTANT shall perform the Services so as to complete each milestone within the number of
days/weeks specified below. The time to complete each milestone may be increased or decreased by
mutual written agreement ofthe project managers for CONSULTANT and CITY so long as all work
is completed within the term ofthe Agreement. CONSULTANT shall provide a detailed schedule of
work consistent with the schedule below within 2 weeks of receipt of the notice to proceed.
Milestones
1. Pre-design memo and 30% design
2. 90% design
3. Final design
4. Services During Bidding
5. Services During Construction
6. DMF Optimization -Pilot
Completion
No.ofJ)ays/Weeks
FromNTP
7
15
20
TBD
TBD
TBD
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EXHIBIT "C"
COMPENSATION
The CITY agrees to compensate the CONSULTANT for professional services performed in
accordance with the terms and conditions of this Agreement, and as set forth in the budget
schedule below. Compensation shall be calculated based on the hourly rate schedule attached
as exhibit C-l up to the not to exceed budget amount for each task set forth below.
The compensation to be paid to CONSULTANT under this Agreement for all services
described in Exhibit "A" ("Basic Services") and reimbursable expenses shall not exceed
$205,430.00. CONSULTANT agrees to complete all Basic Services, including reimbursable
expenses, within this amount. In the event CITY authorizes any Additional Services, the
maximum compensation shall not exceed $225,973.00.Any work performed or expenses
incurred for which payment would result in a total exceeding the maximum amount of
compensation set forth herein shall be at no cost to the CITY.
CONSULTANT shall perform the tasks and categories of work as outlined and budgeted
below. The CITY's project manager may approve in writing the transfer of budget amounts
between any ofthe tasks or categories listed below provided the total compensation for Basic
Services, including reimbursable expenses, does not exceed $205,430.00 and the total
compensation for Additional Services does not exceed $20,543.00.
BUDGET SCHEDULE
Task 1
(Design, Clarifiers 5 & 6)
Task 2
(Design, Clarifiers 1,2,3 & 4)
Task 3
(DMF Backwash Waste Valve Replacement)
Task 4
(DMF Facility Filter Airwash System)
Task 5
(Services During Bid)
Task 6
(Services During Construction)
Task 7
(Backwash Initiation Automation)
NOT TO EXCEED AMOUNT
$11,140
$20,850
$6,880
$54,490
$6,360
$49,080
$5,680
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Task 8 $36,080
(DMF Filter Facility Filter Optimization Pilot)
Task 9 $13,870
(Project Management)
Sub-total Basic Services (NTE) $204,430
Reimbursable Expenses $1,000
Total Basic Services and Reimbursable expenses $205,430
Additional Services (Not to Exceed) $20,543
Maximum Total Compensation $225,973
REIMBURSABLE EXPENSES
The administrative, overhead, secretarial time or secretarial overtime, word processing,
photocopying, in-house printing, insurance and other ordinary business expenses are included
within the scope of payment for services and are not reimbursable expenses. CITY shall
reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for
which CONSULTANT shall be reimbursed are:
A. Travel outside the San Francisco Bay area, including transportation and meals, will be
reimbursed at actual cost subject to the City of Palo Alto's policy for reimbursement oftravel
and meal expenses for City of Palo Alto employees.
B. Long distance telephone service charges, cellular phone service charges, facsimile
transmission and postage charges are reimbursable at actual cost.
C. Third party reproduction services.
All requests for payment of expenses shall be accompanied by appropriate backup
information. Any expense anticipated to be more than $1,000 shall be approved in advance by
the CITY's project manager.
ADDITIONAL SERVICES
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The CONSULTANT shall provide additional services only by advanced, written
authorization from the CITY. The CONSULTANT, at the CITY's project manager's request,
shall submit a detailed written proposal including a description of the scope of services,
schedule, level of effort, and CONSULTANT's proposed maximum compensation, including
reimbursable expense, for such services based on the rates set forth in Exhibit C-l. The
additional services scope, schedule and maximum compensation shall be negotiated and
agreed to in writing by the CITY's project manager and CONSULTANT prior to
commencement of the services. Payment for additional services is subject to all requirements
and restrictions in this Agreement
Wark required because the following conditions are not satisfied or are exceeded shall be
considered as additional services:
• Attending more than 12 project progress meetings with City during design.
• Attending more than 10 periodic construction meetings.
• Reviewing more than 30 submittals during construction.
• Reviewing & responding to, more than 30 Requests For Information (RFI) during
construction.
• Evaluation of electrical capacity at existing DMF facility.
• Field sampling and laboratory analysis. (check)
• Conducting more than 12 periodic site inspections during construction.
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EXHIBIT "C-l"
HOURLY RATE SCHEDULE
Classification Hourly Rate
CAD-Technician ......................................................................... $95
Designer-Senior Technician .................................................. : ....... $105
Engineer-Scientist-Specialist 2 .............................................. : ........ $115
Engineer-Scientist-Specialist 3 .......... " .... '; ...................................... $125
Engineer-Scientist-Specialist 4 ....................................................... $140
Engineer-Scientist-Specialist 5 ....................................................... $165
Engineer-Scientist-Specialist 6 ....................................................... $185
Engineer-Scientist-Specialist 7 ................................................. " .... $195
Engineer-Scientist-Specialist 8 ....................................................... $215
Engineer-Scientist-Specialist 9 ....................................................... $220
Project Administrator ....... , ........................................................... $90
Administrative Assistant. ............................................................... $75
Aid .......................................................................................... $60
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EXHIBIT "D"
INSURANCE REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT
OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES
WITHAMBEST'SKEYRATINGOFA-:VII,ORHIGHER,LICENSEDORAUTHORIZEDTOTRANSACTINSURANCE BUSINESS IN
THE STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY'S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW:
MINIMUM LIMITS
REQUIRED TYPE OF COVERAGE REQUIREMENT EACH
YES
YES
YES
YES
YES
YES
OCCURRENCE AGGREGATE
WORKER'S COMPENSATION STATUTORY
EMPLOYER'S LIABILITY STATUTORY
BODILY INJURY $1,000,000 $1,000,000
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE $1,000,000 $1,000,000
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL BODILY INJURY & PROPERTY DAMAGE $1,000,000 $1,000,000
LIABILITY COMBINED.
BODILY INJURY $1,000,000 $1,000,000 -EACH PERSON . $1,000,000 $1,000,000 -EACH OCCURRENCE $1,000,000 $1,000,000
AUTOMOBILE LIABILITY, INCLUDING
ALL OWNED, HIRED, NON-OWNED PROPERTY DAMAGE $1,000,000 $1,000,000
BODILY INJURY AND PROPERTY $1,000,000 $1,000,000
DAMAGE, COMBINED
PROFESSIONAL LIABILITY, INCLUDING,
ERRORS AND OMISSIONS,
MALPRACTICE (WHEN APPLICABLE),
AND NEGLIGENT PERFORMANCE ALL DAMAGES $1,000,000
THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE,
SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT
AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS,
IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS' COMPENSATION, EMPLOYER'S LIABILITY AND PROFESSIONAL
INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. ,
I. INSURANCE COVERAGE MUST INCLUDE:
A. A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN
COVERAGE OR OF COVERAGE CANCELLATION; AND
B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR
CONTRACTOR'S AGREEMENT TO INDEMNIFY CITY.
C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY'S PRIOR APPROVAL.
II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE.
III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO "ADDITIONAL
INSUREDS"
A. PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS
AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER
INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
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B. CROSS LIABILITY
THE NAMING OF MORE IRAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL
NOT, FOR IRAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS
ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF
THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER
THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY
AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF
CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT
OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY
WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
NOTICES SHALL BE MAILED TO:
PURCHASING AND CONTRACT ADMINISTRATION
CITY OF PALO ALTO
P.O. BOX 10250
PALO ALTO, CA 94303
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City of Palo Alto (ID # 3420)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 4/1/2013
City of Palo Alto Page 1
Summary Title: El Camino Park/Mayfield Pump Station Amendment #2
Title: Approval of Amendment Number 2 to Contract #C10131396 in the
Amount of $1,260,000 with CDM Smith Inc. to Provide Additional Services
Associated With the Reservoir, Pump Station, and Well at El Camino Park and
Mayfield Pump Station Augmentation Project WS-08002, for a Total Not to
Exceed Amount of $6,387,802
From: City Manager
Lead Department: Utilities
Recommendation
Staff recommends that Council approve Amendment Number 2 to Contract #C10131396 in the
amount of $1,193,000 with CDM Smith Inc. to provide additional services associated with the
reservoir, pump station, and well at El Camino Park and Mayfield Pump Station Augmentation
Project WS-08002 for a total revised contract-not-to exceed amount of $6,320,820.
Background
On November 9, 2009, Council awarded a contract to CDM Smith Inc. (CDM Smith) for the
Design and Construction Management of El Camino Park Reservoir, Pump Station and Well and
Mayfield Pump Station Augmentation Project (CMR 424:09). Council approved a total budget
of $3,190,566 and a contingency amount of $638,114 for this project.
This design contract supports the ongoing effort to improve the ability of the City’s water
system to supply water during emergency periods when the traditional supply is not available.
The California Department of Public Health (CDPH) recommends that water systems have the
ability to supply an 8 hour peak demand during periods of traditional supply curtailment.
On September 10, 2012, Council approved Contract Amendment Number 1 (Staff Report
#2979) in the amount of $1,299,122 for three major elements including the incorporation of: 1)
additional design features to minimize legacy operations and maintenance impacts in response
City of Palo Alto Page 2
to recent changes to the CDPH requirements; 2) a Community Services Department (CSD)
request to include further upgrades to El Camino Park upon completion of the utility work; and
3) a study that would consider expanding the use of our emergency water well at El Camino
Park. Amendment Number 1 was approved by Council and all work associated with this
amendment has begun.
Discussion
Construction of the El Camino Park Reservoir, Pump Station and Well at El Camino Park began
in October 2011 and, at that time, was estimated to be completed in December 2012.
Construction of the Mayfield Pump Station Augmentation Project began in August 2011 and, at
that time, was estimated to be completed in November 2012. Due to unforeseen delays at
each site, construction at the El Camino Park site is not expected to be completed until
December 2013 and construction at the Mayfield Pump Station site is not expected to be
completed until April 2013. Due to the extended time needed for the contractors to complete
the work on these sites, the design and construction management contract with CDM Smith
must be amended to add time and funding to continue design support services and supervision
of the site work.
In addition to this, CSD has requested that CDM Smith provide additional predesign services
associated with potentially relocating the existing Julia Morgan Building to the El Camino Park
site as part of the park improvement work or the subesequent improvements at 27 University
Avenue. Amendment Number 1 to the contract included the incorporation of the Community
Services Department request to include further upgrades to El Camino Park upon completion of
the utility work. No work associated with the potential relocation of the Julia Morgan Building
was included in the original scope of Amendment Number 1. In order to accommodate this
additional predesign work, the funding associated with the upgrades to El Camino Park as
approved in Amendment Number 1 must be amended.
Exhibit A to Amendment 2 describes the additional engineering and construction management
work needed in order to complete the project, as well as the additional predesign work needed
to evaluate the potential relocation of the Julia Morgan Building to El Camino Park.
Exhibit A – Design and Construction Management Services for the Reservoir, Pump Station, and
Well at El Camino Park and Mayfield Pump Station Augmentation
Exhibit A includes all additional design and construction management efforts that will be
needed to complete the project by the revised completion date, along with the additional
predesign work needed to evaluate the potential relocation of the Julia Morgan Building to El
Camino Park at some point in the future. Amendment Number 2 includes some additional
design efforts associated with activities under Amendment Number 1 for facility upgrades to El
City of Palo Alto Page 3
Camino Park. Amendment Number 2 also provides the additional contract time and monies
needed to complete the project. The work scope in Exhibit A increases the budget for these
services by $1,193,000 and includes increased submittal review activities, additional site visits
and meeting attendance during the extended construction period, increased change order
preparation and review, increased on-site construction management services during the
extended construction period, development of Operations and Maintenance Manuals for both
El Camino Park and the Mayfield Pump Stations and predesign work needed to evaluate the
potential relocation of the Julia Morgan Building to El Camino Park in the future. CSD and
Utilities agreed that Utilities will pay for work under this amendment from Utilities funds, and
CSD will reimburse Utilities for the Julia Morgan Building relocation work from funds allocated
for the site design of 27 University Avenue.
The items in Exhibit A will be paid through Amendment Number 2 and accounts for the
additional $1,193,000 that is requested. All work items listed in Exhibit A are originally or
previously scoped items per Amendment Number 1 and these costs need to be increased in
order to achieve a project completion date of December 2013. The total cost of the contract
including Amendment Number 2 is $6,320,802, which is comparable to other local projects of
this magnitude (e.g. Graham Reservoir in Mountain View).
Resource Impact
The attached Amendment Number 2, Exhibit A, requests an additional appropriation of
$1,193,000 for the contract titled Design and Construction Management of El Camino Park
Reservoir, Pump Station and Well and Mayfield Pump Station Augmentation Project. CSD will
pay its contribution from Parks Development Impact fees, Capital Funds and funds allocated for
the site design of 27 University Avenue. There is sufficient budget in the Emergency Water
Supply Project (WS-08002) to fund the additional work under this contract. Current staffing
levels and the need to maintain continuity with construction prevent City staff from performing
this additional work. Amendment Number 2 will allow for additional construction management
work needed to finish the project by the expected completion date. The total cost of the
project after Amendments 1 and 2 is summarized in the following table:
Exhibit Summary Breakdown Total Cost
Exhibit A (Amendment 2 Net Total) $1,193,000
Amendment 1 (Net Total) $1,299,122
Original Contract Total w/ Contingency (CMR:424:09) $3,828,680
Revised Contract Grand Total $6,320,802
City of Palo Alto Page 4
Staff is currently working with the construction contractors and the City’s construction manager
to guide the project through to a reasonable completion date based on adjustments made to
the schedule due to unforeseen conditions. Staff is also continuing to work with the City
Attorney’s Office and outside counsel to monitor the contractor’s performance and compliance
with the construction contract requirements.
Policy Implications
Amendment Number 2 does not represent a change to existing policies. This recommendation
is consistent with the Council-approved Utilities Strategic Plan, especially Key Strategy No. 1,
“Ensure a high level of system reliability in a cost effective and timely manner”.
Environmental Review
Council certified an Environmental Impact Report (EIR) for this project in March 2007. The
environmental aspects of the work contemplated by this Amendment Number 2 present no
new significant environmental effects nor a substantial increase in the severity of previously
identified significant effects beyond those discussed in the March 2007 EIR.
Attachments:
Attachment A: AMENDMENT TWO Contract C10131396 (PDF)
Exhibit A of Amendment 2 (PDF)
AMENDMENT NO. TWO TO CONTRACT NO.C10131396
BETWEEN THE CITY OF PALO ALTO AND
CDM SMITH INC.
PREAMBLE:
This Amendment No. Two to Contract No.C10131396 (“Contract”) is entered into
April 1, 2013, by and between the CITY OF PALO ALTO, a California chartered municipal
corporation (“CITY”), and CDM SMITH INC., a Massachusetts corporation, located at 100 Pringle
Avenue, Suite 300, Walnut Creek, CA 94596 (“CONSULTANT”). CITY and CONSULTANT are
collectively referred to in this Amendment No. Two as the “Parties”.
RECITALS:
WHEREAS, the Contract was entered into between the Parties for the provision of
design and construction management services for the Reservoir, Pump Station, and Well at El
Camino Park and Mayfield Pump Station Augmentation; and
WHEREAS, the Parties wish to amend the Contract;
AGREEMENT PROVISIONS:
NOW, THEREFORE, in consideration of the covenants, terms, conditions, and
provisions of this Amendment No. Two, the Parties agree:
SECTION 1. The Preamble and Recitals are incorporated herein by this reference.
SECTION 2. Section 1 of the Contract, SCOPE OF SERVICES, is hereby amended to read
as follows:
“CONSULTANT shall perform the Services described in Exhibit “A”.
SECTION 3. Section 4 of the Contract, NOT TO EXCEED COMPENSATION, is hereby
amended to read as follows:
“The compensation to be paid to CONSULTANT for performance of the Services
described in Exhibit “A”, including both payment for professional services and reimbursable
expenses, shall not exceed Six Million Three Hundred Twenty Thousand Eight Hundred Twenty
Dollars ($6,320,820)”
SECTION 4. The following exhibit to the Contract is hereby amended to read as set forth in
the attachment to this Amendment No. Two, which is incorporated in full by this reference:
a. Exhibit A To Supplemental Contract Revision No.6
SECTION 5. Except as herein modified, all other provisions of the Contract, including any
exhibits and subsequent amendments thereto, shall remain in full force and effect.
1 Revision March 22, 2013
IN WITNESS WHEREOF, the Parties have, by their duly authorized representatives,
executed this Amendment on the date first above written.
CITY OF PALO ALTO
____________________________
City Manager
APPROVED AS TO FORM:
_____________________________
Senior Asst. City Attorney
CDM SMITH INC.
Attachments:
EXHIBIT A To Supplemental Contract Revision No.6
2 Revision March 22, 2013
CITY OF PALO ALTO CONTRACT NO. 10131396
Page 1
EXHIBIT A
TO SUPPLEMENTAL CONTRACT REVISION NO. 6
Scope of Services for
Additional Professional Services
Design and Construction Management Services for the Reservoir,
Pump Station, and Well at El Camino Park and
Mayfield Pump Station Augmentation
City of Palo Alto
BACKGROUND
This Supplemental Contract Revision No. 6 amends the scope of professional services initiated in
the Agreement between the City of Palo Alto (CITY) and CDM Smith Inc. (CONSULTANT) dated
November 18, 2009. This amendment was prepared at the request of the City to provide
additional professional engineering services during construction of the Reservoir, Pump Station,
and Well at El Camino Park and Mayfield Pump Station Augmentation Project.
The Agreement was developed prior to commencement of the project design. At that time, it was
assumed that the construction of the two projects would be completed by the end of 2012. Final
completion of construction of the Mayfield and El Camino Park – Phase 1 projects are now
estimated to occur in May and December 2013, respectively.
Supplemental Contract Revision No. 6 will amend and extend the period of professional
engineering support services provided under ‘Task 3 – Construction’ and ‘Task 4 – Post-
Construction Services’ of the Agreement as a result of the projected Final Completion dates for
both the Mayfield and El Camino Park – Phase 1 projects noted in the paragraph above.
Supplemental Contract Revision No. 6 also expands upon the support services provided under
‘Task 6 – Phase 2 Predesign’ and ‘Task 7 – Phase 2 Design’ of Amendment 1 to the Agreement
to provide additional conceptual design and site planning efforts associated with placing the Julia
Morgan building within El Camino Park. The tasks below are numbered to correspond to the
tasks identified in the Agreement, as modified by Amendment No. 1.
ADDITIONAL PROFESSIONAL SERVICES
Subtask 3.1.1.2: Increased Submittal Review Activities
The purpose of this subtask is to increase the budget allocation for shop drawings, product data,
and samples requiring engineering review for the Mayfield Pump Station Augmentation Project
and El Camino Park Reservoir, Lytton Pump Station, and Well Project – Phase 1 projects.
Approach:
Equitably adjust CONSULTANT budget to reflect number of submittals received to date and
City of Palo Alto Contract No. 10131396
Page 2
projected number of total submittals anticipated through project completion.
Assumptions:
None
Deliverables:
One copy of review comments for each submittal.
Justification:
The nature of the Contractors’ assembly of submittal information and total number of
submittals/resubmittals for both the Mayfield Pump Station Augmentation Project and El Camino
Park Reservoir, Lytton Pump Station, and Well Project – Phase 1 exceeds the original budget
allocation.
Subtask 3.1.2.1: Site Visits and Meeting Attendance During Extended Construction Periods
The purpose of this subtask is to extend the scope and period of site visits and meeting
attendance identified in Subtask 3.1.2 of the Agreement to cover the period through December
31, 2013.
Approach:
As per Subtask 3.1.2 of the Agreement.
Assumptions:
• CONSULTANT’s engineering staff will participate in weekly construction meetings for each
of the Mayfield and El Camino Park projects. Engineering staff attendance will generally
be via conference call.
• CONSULTANT shall send one engineer to attend up to 8 weekly construction progress
meetings, or other project-related meetings, in person as-requested by City.
Deliverables:
Minutes of weekly construction meetings will be generated by CONSULTANT’s Construction
Manager per Subtask 3.2 of the Agreement. Minutes of non-construction meetings will be drafted
by CONSULTANT for review by City.
Justification:
The duration and associated quantity of work to support the Mayfield and El Camino Park Phase
1 projects has increased as compared to the level of effort anticipated by City and CONSULTANT
at the time the Agreement was developed.
Subtask 3.1.4.1 Increased Change Order Preparation and Review
The Mayfield Pump Station Augmentation Project and El Camino Park Reservoir, Lytton Pump
Station, and Well Project – Phase 1 have experienced an increased number of change orders as
a result of changes either proposed or identified as necessary by Contractor, City, or
CONSULTANT during construction.
Approach:
As per Subtask 3.1.4 of the Agreement.
City of Palo Alto Contract No. 10131396
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Assumptions:
• As per Subtask 3.1.4 of the Agreement.
• ‘Change orders’ includes ‘requests for proposals’, ‘designer clarifications’, and claims
support.
• The number of project change orders will be increased by 24, from 16 to a new total of 40.
Deliverables:
As per Subtask 3.1.4 of the Agreement.
Justification:
Although the dollar volume of approved change orders for the projects to date has been less than
3 percent of the total contract value, the number of change orders and associated development,
review, processing and negotiations have exceeded the budget allocation provided in the
Agreement.
Subtask 3.2.1 Construction Management Services During Extended Construction Periods
The purpose of this subtask is to extend the scope and period of on-site Construction
Management in Subtask 3.2 of the Agreement, as modified below, to cover the period of Mayfield
and El Camino Park Phase 1 project construction through December 31, 2013.
Assumptions:
• CONSULTANT’s Construction Manager and field-inspector shall remain at the Mayfield
and El Camino Park Phase 1 project sites full-time through December 19, 2012.
• Subsequent to December 20, 2012, CONSULTANT’s Construction Manager will monitor
the work and perform inspection at both project sites.
• No additional CONSULTANT staff is anticipated to be needed on a full- or part-time basis
at the sites.
Justification:
The duration of Construction Management work to support the Mayfield and El Camino Park
Phase 1 projects has increased beyond the budget provided in the Agreement.
Subtask 4.3: Operations and Maintenance Manuals for New Facilities
The purpose of this subtask is to develop Operations and Maintenance (O&M) Plans for the new
facilities constructed by the Mayfield and El Camino Park – Phase 1 projects.
Approach:
• CONSULTANT will develop two separate O&M Manuals, one document for the Mayfield
Reservoir and Pump Station, and one document for the El Camino Park Reservoir and
Lytton Pump Station. Each Manual, including all tables and figures, is anticipated to be on
the order of 20-30 pages in length.
• Each of the manuals will present, in a summarizing fashion, the following information for
each facility:
o List of major components and equipment and intended purpose/function,
o Facility layout/orientation drawing (plan view),
o Typical equipment settings,
o Pump station operations in ‘Normal’ and ‘Emergency’ modes,
o Proposed reservoir operations,
City of Palo Alto Contract No. 10131396
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o Control strategy overview,
o Pumping characteristics and pump curves,
o SCADA monitoring system,
o Generator operation,
o Well operation (El Camino site only)
o Chemical storage and feed (El Camino site only)
o Vendor-suggested and City-desired O&M activities and frequency,
o Emergency contact information,
o Safety,
o Alarms.
• A total of two O&M coordination meetings (one kickoff and one follow-up if/as needed) will
be held with Utility and Operations staff to discuss document outline, ‘normal’ and
‘emergency’ operating conditions, and City-desired O&M activities and frequency. The
first meeting will be held with City staff approximately 2-3 weeks after CONSULTANT’s
receipt of Notice to Proceed.
• A draft of each manual will be submitted for Utility and Operations staff review prior to
finalization. The draft of the Mayfield PS O&M Manual will be submitted for City review
approximately 7-8 weeks after the first O&M coordination meeting.
• The comments by all City staff will be reviewed by City and integrated into one tabulated
set of review comments on each draft Plan. Comments will be provided to CONSULTANT
in a Microsoft Excel spreadsheet and CONSULTANT shall respond to comments by
making entries into this spreadsheet.
• The final version of each manual will be provided approximately 2 weeks after receiving
City comments.
Assumptions:
• The O&M Manuals will focus on presenting the information needed to operate the new
facilities only; the documents will not be a comprehensive evaluation of all possible
operating conditions associated with the City’s distribution system or discrete pressure
zones of the distribution system.
• Equipment information, P&IDs, and detailed O&M information already compiled and
presented in either the Contractor-generated construction documents, or contained in
Conformed Drawings, may be referenced, but will typically not be contained in the O&M
Manuals.
• Proposed outlines for each of the O&M manuals are included as Attachments 1 and 2.
CONSULTANT assumes that the final outline and information presented in each manual
will be similar in nature and content to that proposed in Attachments 1 and 2.
• This task does not include or rely on any additional distribution system modeling.
Deliverables:
• Three paper copies of each draft document for City review,
• Five paper copies of each final document,
• One copy of each of the final documents in Word and Adobe “pdf” format on CD-ROM.
Justification:
This additional task is being added at the City’s request.
City of Palo Alto Contract No. 10131396
Page 5
Task 5.1: Additional Services
The purpose of this item is delete the text associated with Task 5.1 – Additional Services from
Amendment No. 1 to the original Agreement, and replace it with the revised paragraphs below:
Approach: CONSULTANT shall provide the following additional services:
• Identification of possible leaks at Mayfield Reservoir by underwater inspection of the
completed new work within the reservoir by Aqua Video, with a not-to-exceed total
allowance of $10,000.
• A portion of the additional engineering and design services during construction and
additional CONSULTANT project management during 2013 as a result of the extended
periods of construction at the Mayfield and El Camino Park sites.
These tasks are authorized under Task 5.1 with the not-to-exceed cost of $35,000, but can be
performed in conjunction with, and billed under Consultant’s normal billings associated with Tasks
1-4.
Subtask 5.2: Additional Services
Approach: CONSULTANT shall provide the following additional services on an if- and as-
requested basis within the limits of the available Subtask 5.2 Additional Services budget:
• Noise testing or acoustic consultation.
• Additional on-site inspection and support during construction beyond the estimated
meetings to discuss construction progress and technical issues.
• Additional engineering and design services during construction, additional Construction
Management, and additional CONSULTANT project management should the construction
contract extend beyond that budgeted in Task 3 per the Agreement, as revised by
Amendment No. 1 and this document.
• Additional construction testing and ICC inspection beyond the scope of services added by
Subtask 3.2.1 of Amendment No. 1 to the Agreement.
• Additional project management and QA/QC related to any Additional Service assignment.
• Additional claims-related support.
• Additional construction submittals, resubmittals, and RFIs for the Mayfield Pump Station
Augmentation Project and El Camino Park Reservoir, Lytton Pump Station, and Well
Project – Phase 1.
Use of any portion of the Additional Services budget shall require written direction from the City’s
Project Manager prior to proceeding with any of the services noted above. The City may, at its
sole discretion, decline to authorize any or all work described in Task 5.2.
Subtask 6.1: Phase 2 Predesign to Add Julia Morgan Building
This subtask was prepared at the request of the City to provide additional engineering and
landscape architecture services associated with the predesign for the El Camino Park Restoration
Project (Phase 2 Project). Similar to Amendment No. 1 to the Agreement, Siegfried Engineering
Inc. will be leading the efforts associated with Subtask 6.1, and will be the Engineer of Record for
the El Camino Park Restoration Project.
City of Palo Alto Contract No. 10131396
Page 6
Approach:
• Based upon the previously prepared Alternative B park site plan dated October 31, 2012,
CONSULTANT will modify the site plan to include a dog park at the north end of El
Camino Park as well as modify the parking lot to account for the likely retention of the Julia
Morgan historical expansion as reflected in the 27 University Avenue Council presentation
documents of December 3rd, 2012. The exhibit will be updated to show the baseline
condition as a large parking lot with the alternate condition being the addition of the Julia
Morgan building.
• For the purpose of creating a baseline for the El Camino Park site reconstruction efforts,
CONSULTANT will update the previously prepared estimate of probable construction
costs to reflect the costs for the larger parking lot, added dog park, and any other
additional costs above and beyond what was approved per Amendment No. 1 to the
Agreement. Said estimate will also indicate the known funding sources (as identified and
provided by the City) including: approved and funded CIP projects, reconstruction funds as
a result of the reservoir construction disturbance, and Park Impact Fees allocated by City
Council and the Parks Commission. The summary of the budget will include the park
restroom CIP project.
• CONSULTANT will create a schedule of City activities necessary to reopen the park; the
schedule will be prepared in Microsoft Project. Said schedule will attempt to identify the
earliest possible re-opening date for the park as well as identify critical project activities
including, but not limited to, activities such as Parks and Recreation review, ARB, CEQA,
and City Council.
• After the Parks and Recreation Commission Study Session, CONSULTANT will make
adjustments to the project site design, cost estimate, and schedule to return to the Park
and Recreation Commission for approval and subsequently submit for City Council
Approval.
Assumptions:
• CONSULTANT understands work performed in 2012 to develop initial concepts for
incorporation of the Julia Morgan building into El Camino Park will be paid for under the
Phase 2 tasks approved under Amendment No. 1 to the Agreement.
• City will furnish CONSULTANT with the probable construction cost of the restroom CIP
project for inclusion in the budget summary.
Deliverables:
The additional requested landscaping and architectural layout plans, renderings, and related
materials will be emailed in pdf format to the City for review and comment.
Justification:
The City’s request to incorporate the Julia Morgan building into the El Camino Park Phase 2
Predesign concepts was not known until after Amendment No. 1 to the Agreement had been
approved.
Subtask 7.1.1: Phase 2 Project Meetings to Add Julia Morgan Building
The purpose of this subtask is to increase the number of meeting preparation and attendance
identified in Subtask 7.1 of Amendment No. 1 to the Agreement. This subtask was prepared at the
request of the City to provide additional engineering and landscape architecture services
associated with the predesign for the El Camino Park Restoration Project (Phase 2 Project).
City of Palo Alto Contract No. 10131396
Page 7
Similar to Amendment No. 1 to the Agreement, Siegfried Engineering Inc will be leading the efforts
associated with Subtask 6.1, and will be the Engineer of Record for the El Camino Park
Restoration Project.
Approach:
CONSULTANT will attend the following additional meetings to provide general support of the El
Camino Park Reconstruction Project:
• Up to two (2) additional Park and Recreation Commission meetings.
i. One additional study session meeting to present the site plan adjustments.
ii. One additional meeting to gain approval of the site plan and project budget.
• Up to one (1) additional Architectural Review Board (ARB) study session to present the
updated site plan. Said meeting will be used to receive feedback on the site design that
will be utilized during the preparation of improvement plans.
• Up to one (1) additional City Council meeting for plan and budget approval.
• Up to three (3) additional staff team meetings via conference call.
Assumptions:
City staff will prepare meeting summaries and action item lists.
Deliverables:
Proposed agenda prior to each workshop – electronic and paper copies.
Justification:
The City’s request to incorporate the Julia Morgan building into the El Camino Park Phase 2
Predesign concepts was not known until after Amendment No. 1 to the Agreement had been
approved.
EXCEPTIONS TO THE SCOPES OF SUBTASK 6.1 AND SUBTASK 7.1.1
It is understood that the following are not included in the scope of Subtask 6.1 and Subtask 7.1.1:
a. hazardous waste testing, monitoring and contingency plan for both site and building
demolition work,
b. Phase I Environmental Assessment, Phase II Subsurface Investigation, and asbestos and
lead containing material investigation and report,
c. geotechnical investigation, report and monitoring,
d. construction administration services,
e. environmental impact report or other CEQA-related updates,
f. potholing to determine location and/or elevation of underground utilities,
g. permit applications and fees,
h. construction management, inspection, supervision and scheduling,
i. traffic and signalization plan,
j. building interior plumbing and fire sprinkler plan,
k. gas and telephone service plans,
l. sewage lift stations and water pressurizing system plans,
m. record survey maps, tentative maps, parcel maps, final maps and legal descriptions and
sketches,
n. septic system and leach field design,
o. street widening, or street hardscape plans,
p. SWPP Plan,
q. water, sewer, or storm extensions within the public roadway,
City of Palo Alto Contract No. 10131396
Page 8
r. LEED consultation or documentation
s. Arborists services,
t. Any services provided prior to the acceptance of this scope of work,
u. construction staking,
v. reimbursable expenses, and
w. modification to Phase 2 final design to incorporate significant deviations to the park layouts
as presented at the April 23, 2012 City Council Meeting (e.g., significant relocation of the
baseball or synthetic fields; retaining existing restroom in layout; addition of utility
connections for relocation of the Julia Morgan building; parking lot added on southern half
of park parcel).
SCHEDULE
The contract time for all Phase 1 and Phase 2 work to be completed (including an extra allowance
for contract closeout activities), is extended to June 30, 2015.
COMPENSATION
Compensation for Supplemental Contract Revision No. 6 services will be on a time and materials
basis according to CONSULTANT’s Billing Rate Schedule attached to the Agreement. The cost
for the services described herein is summarized below.
Tasks Amount
Additional Engineering--Sum of all additional
activities under Subtask 3.1 $550,000
Additional Construction Management--Sum of
all additional activities under Subtask 3.2 $348,000
Subtask 4.3: Operations and Maintenance
Plans for New Facilities $75,000
Subtask 5.1: Additional Services (No monetary
changes to the subtask amount of $35,000
approved in Amendment No. 1 to the
Agreement)
$0
Subtask 5.2: Additional Services $200,000
Subtask 6.1: Phase 2 Predesign to Add Julia
Morgan Building $10,000
Subtask 7.1.1: Phase 2 Project Meetings to Add
Julia Morgan Building $10,000
TOTAL $1,193,000
City of Palo Alto (ID # 3456)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 4/1/2013
City of Palo Alto Page 1
Summary Title: Approval of Contract for Los Altos Treatment Plant
Title: Approval of a Contract with Geosyntec Consultants in the Total Amount
of $241,000 for Preliminary Site Remediation Design and Permitting Services
for the Former Los Altos Treatment Plant Located at 1237 North San Antonio
Road (CIP PO-12002)
From: City Manager
Lead Department: Public Works
Recommendation and Draft Motion
Draft Motion: I move that the Council approve and authorize the City Manager or
his designee to execute the attached contract with Geosyntec Consultants
(Attachment A) in a not to exceed amount of $241,000, for consulting services for
the development of an ecological risk assessment,preliminary remediation plans,
CEQA analysis, wetlands mitigation plan and permitting for the former Los Altos
Treatment Plant, including $219,000 for basic services and $22,000 for additional
services.
Executive Summary
The attached contract with Geosyntec Consultants is to provide preliminary
design, CEQA analysis,and permitting services necessary to remediate the former
Los Altos Treatment Plant (LATP) site. The remediation will provide additional
usable property and an enhanced wetland transition area adjacent to the Palo
Alto Baylands. Funds for this project are budgeted under Capital Improvement
Program (CIP) project PO-12002. Construction funds are currently budgeted in FY
2017 however, the construction funding is proposed to move up to FY 2014 in the
upcoming budget approval cycle to remediate the site sooner. Preliminary design
of the site remediation is being performed now to utilize the existing approved
City of Palo Alto Page 2
wetlands delineation that expires in August 2013. Some of the remediation
activities will take place on these wetlands. Completion of the LATP Site
remediation project is a component of the Municipal Services Center (MSC)
Feasibility Study, which will consider alternatives for relocating elements of the
MSC and Animal Services Center, including utilizing the LATP site.
Background
The LATP was previously owned and used by the City of Los Altos as a wastewater
treatment plant. The LATP operated from 1958 until 1972. The LATP and its
associated sludge ponds were abandoned in 1972 when the Los Altos sanitary
sewer system was connected to the Palo Alto Regional Water Quality Control
Plant. Upon closure of the LATP, many of the buildings were removed. A half
interest of the property was purchased by Palo Alto in 1984 with the intent of
developing solid waste facilities on the site. In 2008, the City of Palo Alto
purchased the remaining half interest from the City of Los Altos for approximately
$6.5 million.Shortly after that, it was annexed into the City of Palo Alto.
Discussion
The LATP is a 13.26 acre site that has been divided into three areas based on
current condition:
Area A (4.0 acres) is undeveloped and currently consists of non-
native grasslands on top of fill material and brackish marsh along the
perimeter of a remnant slough channel. It is separated from Area B
by a levee;
Area B (6.64 acres) is the site of the former treatment plant facility
with abandoned structures and six former wastewater treatment
ponds; and
Area C (2.62 acres) is at a higher elevation than the other areas and
has numerous short-term leases to various contractors for
construction staging and storage.
Areas B and C are directly adjacent to the Bayview Business Park that is
currently owned by Google.
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The LATP site has undergone an extensive remedial investigation to characterize
the environmental conditions,and a two-part risk assessment has been approved
by the San Francisco Bay Regional Water Quality Control Board (RWQCB).The
first part of the risk assessment was prepared exclusively for Area C. No further
action is required for future land uses specified for Area C. The second part of the
risk assessment was prepared for Area A and Area B together. Areas A and B
were found to contain low levels of petroleum hydrocarbons, semi-volatile
organic compounds and metals likely resulting from the previous use as a sewage
treatment plant. A conditional letter of approval for remediation of Areas A and B
was issued by RWQCB and is the nexxus for the subject contract. The
recommended and approved environmental remediation method for Area B is to
encapsulate the land and former treatment ponds under imported fill.
The City has previously committed to leaving Area A undeveloped open space and
using this area as wetlands mitigation acreage for Area B wetlands filling and
development. No further action is required on Area C; however,additional fill
may be desirable to elevate the property above base flood elevations (BFE).Some
of the existing abandoned sludge ponds on Area B along with parts of Area A have
been delineated as waters of the U.S. A Jurisdictional Waters and Wetland report
was certified by the U.S. Army Corps of Engineers (USACE) in August 2008. The
certification expires in August 2013. The subject contract is structured to obtain
permits prior to that expiration or obtain an extension from USACE.
Additionally, the State Water Resources Control Board is in the process of
changing its policy on wetland protection. Information on the draft Wetland Area
Protection Policy (WRAPP) is available at
http://www.waterboards.ca.gov/water_issues/programs/cwa401/wrapp.shtml.
It is not certain how this draft policy would affect the remediation design or
wetlands mitigation. The proposed wetland definition under WRAPP might result
in a larger wetland delineation if the current approved delineation is allowed to
expire. Such a scenario would result in the need for additional mitigation area,
and therefore potentially less future usable area on the LATP site.
A community meeting will be held in the early stages of the project to explain the
City of Palo Alto Page 4
project background and scope and to solicit public input on the City’s approach to
remediating the LATP site that includes enhancing and preserving the wetlands in
Area A. The current wetlands delineated in Area B would be eliminated by the
remediation.
Summary of Solicitation Process
On November 15, 2012, the City of Palo Alto issued a request for proposals (RFP)
seeking a consultant to evaluate the historical site information, generate plans
and specifications for demolition and remediation work to cap the site, develop a
wetlands impact mitigation and monitoring plan, and work with all applicable
oversight agencies to establish permits for the site work.
A notice requesting proposals for the project was posted at City Hall and sent to
twelve consulting firms. The response period was 19 days. Proposals were
received from two qualified consultants on December 18, 2012.
Summary of Solicitation Process
Proposal Description/Number Los Altos Treatment Plant (LATP) Site
Remediation Design and Permitting /RFP
#148320
Proposed Length of Project 12 months
Number of Proposals Mailed 12
Total Days to Respond to
Proposal
19
Pre-proposal Meeting Date December 4, 2012
Number of Proposals
Received:
2
Range of Proposal Amounts:$195,967 to $324,313
An evaluation committee consisting of four staff members reviewed the proposals
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to ensure that the firm was responsive to the criteria identified in the RFP.
The criteria used to select the recommended firm included:
·Quality and completeness of proposal;
·Quality, performance and effectiveness of the solution and services to be
provided by the Proposer;
·Proposer‘s experience, including the experience of staff to be assigned to
the project, the with engagements of similar scope and complexity;
·Cost to the city;
·Proposer’s financial stability;
·Proposer’s ability to perform the work within the time specified;
·Proposer’s prior record of performance with city or others;
·Proposer’s ability to provide future maintenance, repairs parts and/or
services; and
·Proposer’s compliance with applicable laws, regulations, policies (including
City Council policies), guidelines and orders governing prior or existing
contracts performed by the contractor.
Based on these criteria, Geosyntec Consultants was determined the best rated
proposer. Geosyntec was selected because of its innovations, experienced
project staffing, understanding of project requirements, relevant project
experience, and knowledge of project solutions.
Timeline
Following approval of this contract, Geosyntec Consultants will begin work as
indicated in the scope of services. The project is expected to be complete within
12 months after commencing.
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Resource Impact
Funding for this contract is budgeted in Capital Improvement Program project PO-
12002 (Los Altos Treatment Plant Site Development Preparation and Security
Improvements). The purchase price of the property was discounted to account
for the remediation costs.
Policy Implications
This project does not represent any change to existing City policies.
Environmental Review
The City of Palo Alto is the lead agency for this project under the California
Environmental Quality Act (CEQA). The remediation planned will impact a
delineated wetlands and will require CEQA review. Staff expects that a mitigated
negative declaration will be required. It is also possible the remediation could be
exempted from CEQA under Section 15330 for minor cleanup actions. However,
the exemption is limited to remedial actions costing $1 million or less. The staff
cost estimate for the remediation is currently over $1 million. A more detailed
cost estimate will be prepared with the preliminary plans.
On March 6,2000, the Palo Alto City Council approved an Environmental Impact
Report (EIR) for a proposed project on the LATP that consisted of developing a
facility for a refuse collection contractor, a permanent household hazardous
waste facility and a construction storage yard for the Utility Department. Area C
became a temporary storage yard,but no work ever commenced on Areas A or B.
Plans for the other facilities were abandoned at that time.
Attachments:
·A -C13148320_Goesyntec Consultants_LATP Remed Design (PDF)
CITY OF PALO ALTO CONTRACT NO. C13148320
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND
FOR PROFESSIONAL SERVICES
This Agreement is entered into on this day of April, 2013, ("Agreement") by
and between the CITY OF PALO ALTO, a California chartered municipal corporation ("CITY"), ,
and GEOSYNTEC CONSULTANTS, a Florida Corporation, located at 595 Market Street, Suite
610, San Francisco, CA 94105 ("CONSULTANT").
RECITALS
The following recitals are a substantive portion of this Agreement.
A. CITY intends to demolish structures related to a former sewage treatment system, encapsulate
former treatment ponds with fill, and mitigate wetland impacts at 1237 San Antonio Road, Palo Alto,
CA94303 ("Project") and desires to engage a consultant to provide conceptual design documents,
CEQA analysis, and obtain regulatory permits in connection with the Project ("Services").
B. CONSULTANT has represented that it has the necessary professional expertise,
qualifications, and capability, and all required licenses andlor certifications to provide the Services.
C. CITY in reliance on these representations desires to engage CONSULTANT to provide the
Services as more fully described in Exhibit "A", attached to and made a part of this Agreement.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, this
Agreement, the parties agree:
AGREEMENT
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in
Exhibit "A" in accordance with the terms and conditions contained in this Agreement. The
performance of all Services shall be to the reasonable satisfaction of CITY.
o Optional On-Call Provision (This provision only applies if checked and only applies to on-call
agreements. )
Services will be authorized by the City, as needed, with a Task Order assigned and approved by the
City's Project Manager. Each Task Order shall be in substantially the same form as Exhibit A-I.
Each Task Order shall designate a City Project Manager and shall contain a specific scope of work, a
specific schedule of perforn1ance and a specific compensation amount. The total price of all Task
Orders issued under this Agreement shall not exceed the amount of Compensation set forth in
Section 4 ofthis Agreement. CONSULTANT shall only be compensated for work performed under
an authorized Task Order and the City may elect, but is not required, to authorize work up to the
maximum compensation amount set forth in Section 4.
SECTION 2. TERM. The term of this Agreement shall be from the date of its full execution
through completion of the services in accordance with the Schedule of Performance attached as
Exhibit "B" unless terminated earlier pursuant to Section 19 of this Agreement.
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SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of
Services under this Agreement. CONSULTANT shall complete the Services within the term of this
Agreement and in accordance with the schedule set forth in Exhibit "B", attached to and made a part
of this Agreement. Any Services for which times for performance are not specified in this Agreement
shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner
based upon the circumstances and direction communicated to the CONSULTANT. CITY's
agreement to extend the term or the schedule for performance shall not preclude recovery of damages
for delay if the extension is required due to the fault of CONSUL TANT.
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SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to
CONSULTANT for performance ofthe Services described in Exhibit "A", including both payment
for professional services and reimbursable expenses, shall not exceed two hundred nineteen
thousand Dollars ($219,000.00). In the event Additional Services are authorized, the total
compensation for services and reimbursable expenses shall not exceed two hundred forty-one
thousand Dollars ($241,000.00). The applicable rates and schedule of payment are set out in Exhibit
"C-l", entitled "HOURLY RATE SCHEDULE," which is attached to and made a part of this
Agreement.
Additional Services, if any, shall be authorized in accordance with and subject to the provisions of
Exhibit "C". CONSULTANT shall not receive any compensation for Additional Services performed
without the prior written authorization of CITY. Additional Services shall mean any work that is
determined by CITY to be necessary for the proper completion of the Project, but which is not
included within the Scope of Services described in Exhibit "A".
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly
invoices to the CITY describing the services performed and the applicable charges (including an
identification of personnel who performed the services, hours worked, hourly rates, and reimbursable
expenses), based upon the CONSULTANT's billing rates (set forth in Exhibit "C-l "). If applicable,
the invoice shall also describe the percentage of completion of each task. The information in
CONSUL TANT' s payment requests shall be subject to verification by CITY. CONSULTANT shall
send all invoices to the City's project manager at the address specified in Section 13 below. The City
will generally process and pay invoices within thirty (30) days of receipt.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be
performed by CONSULTANT or under CONSULTANT's supervision. CONSULTANT represents
that it possesses the professional and technical personnel necessary to perform the Services required
by this Agreement and that the personnel have sufficient skill and experience to perform the Services
assigned to them. CONSULTANT represents that it, its employees and subconsultants, if permitted,
have and shall maintain during the term of this Agreement all licenses, permits, qualifications,
insurance and approvals of whatever nature that are legally required to perform the Services.
All of the services to be furnished by CONSULTANT under this agreement shall meet the
professional standard and quality that prevail among professionals in the same discipline and of
similar knowledge and skill engaged in related work throughout California under the same or similar
circumstances.
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SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and
in compliance with all federal, state and local laws, ordinances, regulations, and orders that may
affect in any manner the Project or the performance of the Services or those engaged to perform
Services under this Agreement. CONSULTANT shall procure all permits and licenses, pay all
charges and fees, and give all notices required by law in the performance of the Services.
SECTION 8. ERRORS/OMISSIONS. CONSULTANT shall correct, at no cost to CITY, any and
all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives
notice to CONSULTANT. If CONSUL TANT has prepared plans and specifications or other design
documents to construct the Project, CONSULTANT shall be obligated to correct any and all errors,
omissions or ambiguities discovered prior to and during the course of construction of the Project.
This obligation shall survive termination of the Agreement.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works
project, CONSULTANT shall submit estimates of probable construction costs at each phase of
design submittal. Ifthe total estimated construction cost at any submittal exceeds ten percent (10%)
of the CITY's stated construction budget, CONSULTANT shall make recommendations to the CITY
for aligning the PROJECT design with the budget, incorporate CITY approved recommendations,
and revise the design to meet the Project budget, at no additional cost to CITY.
SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in performing
the Services under this Agreement CONSULTANT, and any person employed by or contracted with
CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an
independent contractor and not an agent or employee of the CITY.
SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of
CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or
transfer any interest in this Agreement nor the performance of any of CONSULTANT's obligations
hereunder without the prior written consent of the city manager. Consent to one assignment will not
be deemed to be consent to any subsequent assignment. Any assignment made without the approval
of the city manager will be void.
SECTION 12. SUBCONTRACTING.
DOption A: No Subcontractor: CONSULTANT shall not subcontract any portion of the work to
be performed under this Agreement without the prior written authorization of the city manager or
designee.
00ption B: Subcontracts Authorized: Notwithstanding Section 11 above, CITY agrees that
subconsultants may be used to complete the Services. The subconsultants authorized by CITY to
perform work on this Project are:
1. Philip Williams Associates (ESA PWA)
2. Arcadis
CONSUL T ANT shall be responsible for directing the work of any sub consultants and for any
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compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning
compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a
sub consultant. CONSULTANT shall change or add sub consultants only with the prior approval of
the city manager or his designee.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Gordon Thrupp as
the associate-in-charge to have supervisory responsibility for the performance, progress, and
execution of the Services and Ryan Seelbach as the project manager to represent CONSULTANT
during the day-to-day work on the Project. If circumstances cause the substitution of the project
director, project coordinator, or any other key personnel for any reason, the appointment of a
substitute project director and the assignment of any key new or replacement personnel will be
subject to the prior written approval of the CITY's project manager. CONSULTANT, at CITY's
request, shall promptly remove personnel who CITY finds do not perform the Services in an
acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the
Project or a threat to the safety of persons or property.
The City's project manager is Matt Raschke, Public Works Department, Engineering Services
Division, 250 Hamilton Ave., 6th Floor, Palo Alto, CA 94303, Telephone: (650) 496-5937. The
project manager will be CONSULTANT's point of contact with respect to performance, progress
and execution of the Services. The CITY may designate an alternate project manager from time to
time.
SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including
without limitation, all writings, drawings, plans, reports, specifications, calculations, documents,
other materials and copyright interests developed under this Agreement shall be and remain the
exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees
that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested
in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual
property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if any, shall make
any of such materials available to any individual or organization without the prior written approval of
the City Manager or designee. CONSULTANT makes no representation of the suitability of the
work product for use in or application to circumstances not contemplated by the scope of work.
SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time during
the term of this Agreement and for three (3) years thereafter, CONSULTANT's records pertaining to
matters covered by this Agreement. CONSULTANT further agrees to maintain and retain such
records for at least three (3) years after the expiration or earlier termination of this Agreement.
SECTION 16. INDEMNITY.
IZI[Option A applies to the following design professionals pursuant to Civil Code Section
2782.8: architects; landscape architects; registered professional engineers and licensed
professional land surveyors.] 16.1. To the fullest extent permitted by law, CONSULTANT shall
protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and
agents (each an "Indemnified Party") from and against any and all demands, claims, or liability of
any nature, including death or injury to any person, property damage or any other loss, including all
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costs and expenses of whatever nature including attorneys fees, experts fees, court costs and
disbursements ("Claims") that arise out of, pertain to, or relate to the negligence, recklessness, or
willful misconduct of the CONSULTANT, its officers, employees, agents or contractors under this
Agreement, regardless of whether or not it is caused in part by an Indemnified Party.
D [Option B applies to any consultant who does not qualifY as a design professional as defined
in Civil Code Section 2782.8.] 16.1. To the fullest extent permitted by law, CONSULTANT shall
protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and
agents (each an "Indemnified Party") from and against any and all demands, claims, or liability of
any nature, including death or injury to any person, property damage or any other loss, including all
costs and expenses of whatever nature including attorneys fees, experts fees, court costs and
disbursements ("Claims") resulting from, arising out of or in any manner related to performance or
nonperformance by CONSULTANT, its officers, employees, agents or contractors under this
Agreement, regardless of whether or not it is caused in part by an Indemnified Party.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to
require CONSULTANT to indemnify an Indemnified Party from Claims arising from the active
negligence, sole negligence or willful misconduct of an Indemnified Party.
16.3. The acceptance of CONSULTANT's services and duties by CITY shall not
operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive
the expiration or early termination of this Agreement.
SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any covenant,
term, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not
be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of
any subsequent breach or violation of the same or of any other tenn, covenant, condition, provision,
ordinance or law.
SECTION 18. INSURANCE.
18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full
force and effect during the term of this Agreement, the insurance coverage described in Exhibit "D".
CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an
additional insured under any general liability or automobile policy or policies.
18.2. All insurance coverage required hereunder shall be provided through carriers
with AM Best's Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to
transact insurance business in the State of California. Any and all contractors of CONSULTANT
retained to perform Services under this Agreement will obtain and maintain, in full force and effect
during the term of this Agreement, identical insurance coverage, naming CITY as an additional
insured under such policies as required above.
18.3. Certificates evidencing such insurance shall be filed with CITY concurrently
with the execution of this Agreement. The certificates will be subject to the approval of CITY's Risk
Manager and will contain an endorsement stating that the insurance is primary coverage and will not
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be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the
Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification,
CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance
are provided to CITY's Purchasing Manager during the entire term of this Agreement.
18.4. The procuring of such required policy or policies of insurance will not be
construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions
of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be
obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as
a result of the Services performed under this Agreement, including such damage, injury, or loss
arising after the Agreement is terminated or the term has expired.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The City Manager may suspend the performance of the Services, in whole or
in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written
notice thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will immediately
discontinue its performance of the Services.
19.2. CONSUL T ANT may terminate this Agreement or suspend its performance of
the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a
substantial failure of performance by CITY.
19.3. Upon such suspension or termination, CONSULTANT shall deliver to the
City Manager immediately any and all copies of studies, sketches, drawings, computations, and other
data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given to
CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will
become the property of CITY.
19.4. Upon such suspension or termination by CITY , CONSULTANT will be paid
for the Services rendered or materials delivered to CITY in accordance with the scope of services on
or before the effective date (i.e., 10 days after giving notice) of suspension or termination; provided,
however, ifthis Agreement is suspended or terminated on account of a default by CONSULTANT,
CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT's
services which are of direct and immediate benefit to CITY as such determination may be made by
the City Manager acting in the reasonable exercise ofhislher discretion. The following Sections will
survive any expiration or termination of this Agreement: 14, 15,16, 19.4,20, and 25.
19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will
operate as a waiver on the part of CITY of any of its rights under this Agreement.
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SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by
certified mail, addressed as follows:
To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager
To CONSULTANT: Attention of the project director
at the address of CONSULTANT recited above
SECTION 21. CONFLICT OF INTEREST.
21.1. In accepting this Agreement, CONSULTANT covenants that it presently has
no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would
conflict in any manner or degree with the performance of the Services.
21.2. CONSULTANT further covenants that, in the performance ofthis Agreement,
it will not employ subconsultants, contractors or persons having such an interest. CONSULTANT
certifies that no person who has or will have any financial interest under this Agreement is an officer
or employee of CITY; this provision will be interpreted in accordance with the applicable provisions
of the Palo Alto Municipal Code and the Government Code of the State of California.
21.3. If the Project Manager determines that CONSULTANT is a "Consultant" as
that term is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT
shall be required and agrees to file the appropriate financial disclosure documents required by the
Palo Alto Municipal Code and the Political Reform Act.
SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section
2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not
discriminate in the employment of any person because ofthe race, skin color, gender, age, religion,
disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status,
weight or height of such person. CONSULTANT acknowledges that it has read and understands the
provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination
Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section
2.30.510 pertaining to nondiscrimination in employment.
SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE
REQUIREMENTS. CONSULTANT shall comply with the City'S Environmentally Preferred
Purchasing policies which are available at the City's Purchasing Department, incorporated by
reference and may be amended from time to time. CONSULT ANT shall comply with waste
reduction, reuse, recycling and disposal requirements ofthe City's Zero Waste Program. Zero Waste
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best practices include first minimizing and reducing waste; second, reusing waste and third, recycling
or composting waste. In particular, Consultant shall comply with the following zero waste
requirements:
• All printed materials provided by Consultant to City generated from a personal
computer and printer including but not limited to, proposals, quotes, invoices,
reports, and public education materials, shall be double-sided and printed on a
minimum of 3 0% or greater post-consumer content paper, unless otherwise approved
by the City's Project Manager. Any submitted materials printed by a professional
printing company shall be a minimum of30% or greater post-consumer material and
printed with vegetable based inks.
• Goods purchased by Consultant on behalf of the City shall be purchased in
accordance with the City's Environmental Purchasing Policy including but not
limited to Extended Producer Responsibility requirements for products and
packaging. A copy of this policy is on file at the Purchasing Office.
• Reusable/returnable pallets shall be taken back by the Consultant, at no additional
cost to the City, for reuse or recycling. Consultant shall provide documentation from
the facility accepting the pallets to verify that pallets are not being disposed.
SECTION 24. NON-APPROPRIATION
24.1. This Agreement is subject to the fiscal provisions ofthe Charter of the City of
Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a)
at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year,
or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the
fiscal year and funds for this Agreement are no longer available. This section shall take precedence
in the event of a conflict with any other covenant, term, condition, or provision of this Agreement.
SECTION 25. MISCELLANEOUS PROVISIONS.
25.1. This Agreement will be governed by the laws of the State of California.
25.2. In the event that an action is brought, the parties agree that trial of such action
will be vested exclusively in the state courts of California in the County of Santa Clara, State of
California.
25.3. The prevailing party in any action brought to enforce the provisions of this
Agreement may recover its reasonable costs and attorneys' fees expended in connection with that
action. The prevailing party shall be entitled to recover an amount equal to the fair market value of
legal services provided by attorneys employed by it as well as any attorneys' fees paid to third
parties.
25.4. This document represents the entire and integrated agreement between the
parties and supersedes all prior negotiations, representations, and contracts, either written or oral.
This document may be amended only by a written instrument, which is signed by the parties.
25.5. The covenants, terms, conditions and provisions ofthis Agreement will apply
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to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the
parties.
25.6. If a court of competent jurisdiction finds or rules that any provision of this
Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this
Agreement and any amendments thereto will remain in full force and effect.
25.7. All exhibits referred to in this Agreement and any addenda, appendices,
attachments, and schedules to this Agreement which, from time to time, may be referred to in any
duly executed amendment hereto are by such reference incorporated in this Agreement and will be
deemed to be a part of this Agreement.
25.8 If, pursuant to this contract with CONSULTANT, City shares with
CONSULTANT personal information as defined in California Civil Code section 1798.81.5( d) about
a California resident ("Personal Information"), CONSULTANT shall maintain reasonable and
appropriate security procedures to protect that Personal Information, and shall inform City
immediately upon learning that there has been a breach in the security ofthe system or in the security
of the Personal Information. CONSULTANT shall not use Personal Information for direct marketing
purposes without City's express written consent.
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25.9 All unchecked boxes do not apply to this agreement.
25.10 The individuals executing this Agreement represent and warrant that they
have the legal capacity and authority to do so on behalf of their respective legal entities.
IN WITNESS WHEREOF, the parties hereto have by their duly authorized
representatives executed this Agreement on the date first above written.
CITY OF PALO ALTO GEOSYNTEC CONSULTANTS
City Manager
APPROVED AS TO FORM:
Senior Asst. City Attorney
Attachments:
,
EXHIBIT "A":
EXHIBIT "B":
EXHIBIT "C":
EXHIBIT "C-1 ":
EXHIBIT "D":
SCOPE OF WORK
SCHEDULE OF PERFORMANCE
COMPENSATION
SCHEDULE OF RATES
INSURANCE REQUIREMENTS
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EXHIBIT" A'.'
SCOPE OF SERVICES
The Los Altos Treatment Plant (LATP) facility is a 13.2 acre property located at 1237 San Antonio
Road, Palo Alto, CA 94303. It is owned by the City of Palo Alto and is divided into three areas:
• Area A: 4 acres of undeveloped land with a narrow slough, wetlands, and an area with
fill. The City plans to remove the fill and restore the wetlands of Area A.
• Area B: 6.6 acres, which is the site of the former LAWTP. Area B currently contains a
small abandoned building, clarifier tank, and six abandoned sludge ponds.
• Area C: 2.6 acres that are used for storage of equipment the City and contractors.
The LATP is close to the margin of San Francisco Bay and is underlain by fill and unconsolidated
Bay Mud. Tidally influenced sloughs and wetlands are present on in the northern portion of the site
(Area A) and to the west and north. For most of the Site, the upper several feet of soil are imported
fill. Groundwater is within a few feet of the ground surface, and is expected to generally flow
northward toward the Bay. Groundwater quality is expected to be poor due to high total dissolved
solids (TDS), and is not a viable potential source of drinking water.
Environmental conditions of the site are well characterized. Chemical constituents of soil, sludge,
surface water, and groundwater were analyzed as and reported for environmental investigations
conducted in 1990, 1991,2000,2007, and 2008. Analytical results are available for samples have
been collected at more than eighty locations. Low levels of several metals were detected in much of
the soil, sludge and in some of the water samples. Localized areas with low levels of semi-volatile
and volatile organic compounds (SVOCs and VOCs) were also present. Based on environmental
characterization and risk assessment (Geosyntec, Oct 2009), the Water Board authorized no further
action for Area C (RWQCB, Feb 2010).
Geosyntec determined that previous cost estimates for remediation of Area B of the LA TP, which
included excavation and removal of large quantities of soil, were based on outdated EPA 1995
guidelines for "reactive sulfides", which were rescinded by EPA in 1998.
Geosyntec developed a site-specific risk-based conceptual plan for reclamation of Area B by capping
the impacted soil in conjunction with plans to raise the base grade meet FEMA flooding guidelines,
and restoration of wetlands in Area A to meet mitigation requirements for the reclamation of Area B.
The SF RWQCB granted conditional approval of Geosyntec's environmental assessment and
conceptual plan for reclamation by capping Area B and compensatory wetlands restoration of Area
A, pending a workplan for the reclamation and restoration and an associated data quality plan and
ecological risk assessment.
The City currently does not have specific development plans for Areas Band C, however, we
understand the City wants to maximize the useable area of Area B. Some ofthe existing abandoned
sludge ponds on Area B along with parts of Area A have been delineated as waters ofthe u.S. A
Jurisdictional Waters and Wetland report was certified by the U.S. Army Corps of Engineers
(ACOE) in August 2008. The certification expires in August 2013.
A key constraint on the development plan of Area B is the requirement to raise the base grade of any
11
S;\ASD\PURCH\SOLICIT A nONS-CURRENT BUYER-CM FOLDERS\PW -JOHN M\ContractS>.FY2013
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Contract!llC 13148320_ Geosyntec _LA TP Remediation Desi~ 13148320_ Goesyntec Consultants_LA TP Remed DesignRev3.doc
area with proposed structures to 8 feet above mean sea level (MSL) to comply with FEMA flood
protection requirements. As addressed in the RFP, clean fill form local construction sites may be
available for no cost, or ideally another construction project would pay the City to take fill at the
LATP facility. However, the potential cost to raise the base grade to comply with FEMA
requirements needs to be considered to ensure that development plans are feasible.
The City plans to restore wetlands in Area A to mitigate for the proposed filling of wetlands in Area
B. Based on the ACOE's 2008 delineation of wetlands and waters of the US. The total area of
wetlands is ~0.5 acres in Area B along portions ofthe margins ofthe sludge ponds and ~O. 7 acres in
Area A. Restoration of all of Area A as wetlands would add ~3.3 acres of new wetlands, which
would be a mitigation ratio ~6.6 to 1 relative to the ~0.5 acres that would be reclaimed in Area B.
This restoration ratio is likely more than sufficient for acceptance by regulatory agencies; however
the ACOE certification of the wetland delineation expires in August 2013.
Project Objectives
The primary objectives for this phase of work at the LATP are
1. Develop preliminary plans and obtain regulatory approval and permits for
reclamation/development of Area B and wetlands restoration in Area A to mitigate filling
of wetlands in Area B;
2. Prepare an Initial Study (IS) and if appropriate, a Mitigated Negative Declaration
(MND) in accordance with the CEQA Guidelines;
3. Submit applications for regulatory permits for the reclamation and restoration based on
the current ACOE designation before the designation expires August 2013.
A future phase of work may consist of the preparation of construction documents including detailed
plans and bid specifications for the demolition in Area B, earthwork for reclamation/development of
Area B, and wetlands restoration in Area A. Ifsuch future work becomes permissible, City of Palo
Alto may issue a contract amendment to Geosyntec forthe additional scope.
The scope of work for the contract is presented below.
Task 1. Review Information
The first task includes
• Review of existing information regarding environmental conditions of the LATP and
vicinity.
• Discussion the conceptual reclamation and restoration plans with agencies and obtaining
feedback prior to preparing the preliminary plans;
• Preparing a "Basis of Design" technical memorandum documenting agency input
including wetland mitigation ratios. Agency correspondence and/or minutes from
meetings or phone calls with agency staff shall be attached to the memorandum for
reference.
PAGE 3 OF 27
Geosyntec compiled the available data for the LA TP for the environmental assessments and risk
assessments conducted for Area C (Geosyntec, 2009) and Areas A & B (Geosyntec 2011).
Therefore, Geosyntec has already completed much of the data information review.
We will review the previous studies conducted at the site to better understand the subsurface
geotechnical conditions. The stratigraphy, compressibility, and shear strength of the underlying
sediments will be evaluated. This data will be taken into account for the design of the grades in Area
B and the constructed wetlands in Area A, and the possible construction of a new levee between
Areas A and B. Given the number of studies previously conducted, we assume that only a limited
field investigation and laboratory testing program, as described in Task 2, will be needed for this
work in order to confirm key existing data and fill limited data gaps. If, after our review the existing
information, it is determined that a more extensive field investigation and geotechnical lab testing
program is needed, we will inform the City of the additional effort required and will submit a
supplemental cost estimate.
We will also conduct additional review of adjacent wetlands, examples of other wetland mitigation,
and discuss options and requirements with the City and regulatory agencies prior to preparing the
"Basis of Design" technical memo.
Early consultation with regulatory agencies is important to determine (a) if the proposed wetland
restoration in Area A is acceptable to obtain a Clean Water Act (CWA) Section 404 permit! from
ACOE to mitigate the reclamation of wetlands necessary to development Area B. This policy,
adopted in 1993, established state guidelines for wetlands conservation. The primary goal is to
ensure no overall net loss and to achieve a long-term net gain in the quantity, quality, and
permanence of wetland acreage in California. A mitigation ratio of greater than 6, which would be
achieved by wetland restoration of Area A, is consistent with the policy.
Geosyntec will also prepare a Technical Memorandum describing the general steps and processes
necessary for alternate future uses of the site. The current risk assessment and remediation
methodology are based on commercial/industrial use of the site (specifically an Animal Shelter, a
material storage and transfer station, and temporary construction staging for local contractors). The
Technical Memorandum should document the additional reports, studies, and approvals necessary
for alternate site uses including, but not limited to the following:
• Car Dealerships
• K-12 Schools
• Community Colleges
• HotelslMotels
• Offices/R&D
• Warehouse
• Fleet and vehicle repair facilities
• General Retail
The main purpose of the Technical Memorandum is to disclose the information for potential lessees
or future buyers of the property. The Technical Memorandum should suggest possible new
PAGE 4 OF 27
subdivision or parcel lines that could facilitate alternate future uses with minimum additional
remedial investigation, studies or approvals.
Task 2. Preliminary Plans
Task 2, which follows the review of information and discussion of conceptual plans and mitigation
requirements with the agencies, comprises the following scope of work:
• Conducting a limited geotechnical investigation and analysis.
• Geotechnical analysis and preparation of preliminary plans and specifications, and
schedule and cost estimates for reclamation (capping) of Area B and wetlands restoration
of Area A.
• Analysis of wetlands restoration options and constraints.
• Preparation a remediation workplan to manage risk of exposure of construction workers
to chemicals in the sludge in Area B.
• Submission of preliminary plans as a draft to regulatory agencies and revision of the
plans based on comments and discussion the agencies.
• Finalizing the preliminary plans and preparing an ecological risk assessment for the
proposed reclamation and wetlands restoration.
• Preparing a data quality plan for collection of supplementary data to evaluate the
ecological risk of the restoration in accordance with the R WQCB requests.
We propose to precede the preliminary design with a limited geotechnical field investigation and
laboratory testing program, which will be followed by a geotechnical analyses, preliminary grading
design, and permit-level drawings and technical specifications.
Proposed Geotechnical Investigation
Geosyntec proposes to advance four to six geotechnical borings; one or two near the middle of Area
B, two along the possible alignment of the levee between Areas A and B, and one or two at the
location where Area A will be connected to the adjacent wetlands. Each boring will be advanced no
more than 50 feet below grade and samples will be obtained every five feet. Upon completion of the
borings, each hole will be backfilled in accordance with the requirements of the Santa Clara Valley
Water District.
Geotechnical samples will be sent to Cooper Testing Laboratory in Palo Alto ·for geotechnical
testing. In-place density, compaction characteristics, Atterberg limits, sieve analyses, consolidation,
and triaxial compression testing will be performed to characterize the engineering properties of the
underlying soil and to index the results of the current investigation with those from the previous soil
borings and geotechnical studies at the site.
Wetlands Restoration Analysis and Preliminary Design
The lands surrounding the LATP site (the Coast Casey basin, the Palo Alto Baylands, Charleston
PAGE 5 OF 27
Slough, and Ponds A 1 and A2W) all support broad swaths of vegetated marsh, unvegetated mudflat,
and shallow open water that host a wide variety of resident and migrant shorebirds and waterfowl.
The restoration of tidal wetlands within Area A of the LATP site presents an opportunity to not only
mitigate for the impacts of wetland fill within Area B, but to expand the local footprint of these
productive wetland, mudflat, and open water habitats. At the same time, the location of the site
within diked bay lands at the confluence of multiple flood control projects means that any effort to re-
introduce tidal flows (even if they are muted or otherwise managed in some way) must consider the
potential effects of local flood management as well as future sea level rise. These types of multi-
objective wetland restoration projects are common in and around San Francisco Bay.
The feasibility of wetland restoration in Area A is governed by multiple design elements. We will
consider these elements in order to develop a preliminary design that is suitable for review by the
City of Palo Alto, various stakeholders, and regulatory agencies such as the US Army Corps of
Engineers, US Fish and Wildlife Service, California Dept. ofFish and Game, Bay Conservation and
Development Commission (BCDC), and others. These design elements include:
• Mitigation ratios and habitat types. Early consultation with regulatory agencies is
important to determine acceptable wetland mitigation ratios and identify target habitat
structures (emergent tidal marsh, mudflat, open water) and wildlife communities
(shorebird foraging, waterfowl roosting, etc.) that will guide the development of the
restoration design.
• Site elevations and locally managed water surface elevations. To restore tidal
wetland habitats, processes, and functions, the ground surface elevations in the higher
portions of Area A need to be lowered such that they are comparable with the water
surface elevations (WSEs) that are maintained in the adjacent flood management basins
to which Area A could be connected. Based on our preliminary assessment, the lower
(wetland) portions of Area A appear to be at -0 ft NA VD, while higher (upland) areas are
-+5 ft NA VD. The adjacent Palo Alto Flood Basin (Baylands Park) is managed such
that it has a maximum WSE of +0.7 ft NAVD in the summer (with -1 foot oftidal
fluctuation) and +0.5 ft NAVD in the winter (per a Palo Alto Flood Basin operations
memo). The adjacent City of Mountain View's Coast Casey Flood Basin is non-tidal, but
WSEs in that basin during non-flood periods appear to fluctuate around 0 or + 1 ft
NAVD. The target elevation range to which Area A would be graded for wetland
restoration will depend in part on which flood management basin is most feasible for
connection to Area A.
• Hydraulic connectivity to surrounding flood basin wetlands. Although it would
likely be the most straightforward to hydraulically connect Area A with the adjacent
slough and wetlands in the Flood Basin to the northwest in Palo Alto Baylands Park,
there might be advantages (habitat, flood control, mosquito control) to connecting to the
City of Mountain View's Coast Casey Flood Basin. The type of hydraulic connection (1-
way vs. 2-way, culvert vs. breach) can also influence the evolution of wetland habitats
and management outcomes. We will work with the City and facilitate input from City of
Mountain View, the Santa Clara Valley Water District, the US Army Corps of Engineers,
and other local flood management stakeholders to identify which flood basin is preferred
PAGE 6 OF 27
and most cost effective for a connection to Area A, and what sort of hydraulic connection
would be best for both flood control and habitat restoration purposes.
• Sea level rise. Current guidance from BCDC describes an anticipated sea level rise in
San Francisco Bay of 16 inches by 2050, and 55 inches by 2100. We will address
projections of rising sea levels in our design and permitting documents for the wetlands
restoration and reclamation of the former LA TP. This is discussed further in the
Proposed Innovations Section below.
Geotechnical Analysis and Preliminary Design
We will use the geotechnical information to evaluate the future settlement potential and slope
stability of the proposed design for remediation/reclamation-development of Area B and wetlands
restoration of Area A. Of particular importance is the long term potential for settlement of the fill
within Area B and potential impacts of settlement on future site development and maintaining
adequate long-term flood protection. Slope stability will be a key design consideration for the
construction of the levee (or fill slope) that separates Area B from Area A. Results of the
geotechnical analyses and analyses of wetlands restoration options will be incorporated into the
permit-level grading design for reclamation of Area B and wetlands restoration of Area A.
Geosyntec will prepare a preliminary design package for regulatory review which will include
permit-level drawings, technical specifications, and a design basis report. For cost estimating
purposes, Geosyntec assumes that one permit -level design will be prepared with two minor revisions
based on regulatory comment. If through the permitting process, any major revisions to the design
are requested by the permitting agencies, Geosyntec will advise the City if additional budget is
needed to re-design the project.
Preliminary example illustrations are provided below of the current condition and the extent of
excavation potentially needed to restore wetlands in Area A with a connection to the Palo Alto
Baylands Park.
.•• ~@
Filledto·cap'$,tiil~~ponds and Raise Base Grade
; ". "//-." < •
Potential Extent of Excavation to Restore Wetlands in Area A
PAGE 7 OF 27
Ecological Risk Assessment
As requested by the SF R WQCB (May 2011) in their conditional approval of the Environmental
Assessment and conceptual plan for remediation and wetlands restoration (Geosyntec, May, 2011),
we will prepare an ecological risk assessment (ERA) to evaluate potential unacceptable risk to
ecological receptors from exposure to constituents of potential concern (COPCs) in soil from Area A
based on the proposed final site configuration. The constituents of interest (COls) in Area A are
assumed to be metals, polychlorinated biphenyls (PCBs), total petroleum hydrocarbons (TPH), and
organochlorine pesticides.
The ERA will follow appropriate state and federal guidance to identify the potential ecological
receptors, COPCs from the COls, and develop a conceptual site model (CSM). To identify COPCs,
site data from Area A will be screened using appropriate benchmarks and background/reference area
data. For our scope of work and cost proposal, we have assumed that available site data will be
adequate for this scope of work. If data are not found to be adequate, an updated cost proposal will
be provided to the City collect supplementary data prior to implementing the ERA.
Ecological receptors could include ecological communities (plants, invertebrates) and wildlife
(mammals and birds) that are likely to be present at the site. We will estimate exposure point
concentrations/dose using site soil data and exposure parameters from available literature/guidance
documents. We will calculate risks to ecological receptors using appropriate benchmarks/toxicity
reference values available in literature/guidance documents that are protective of ecological receptor
populations. The risk characterization will include discussion of the quantitative risk estimates,
qualitative weight of evidence, and key uncertainties to draw conclusions. The ERA will include a
discussion of the methodology, results, and conclusions, and supporting tables and figures. In
addition, the ERA will recommend maximum allowable levels for COPCs for comparison to post-
restoration confirmation sampling and assuming soil from Area A can be used as fill in Area B based
on applicable state and federal regulations.
Task 3. CEQA Environmental Analysis and Regulatory Permitting
We will prepare an Initial Study (IS) for the project in accordance with the CEQA Guidelines
(Section 15063). The "project" is defined as the earthwork for reclamation/development of Area B,
and wetlands restoration in Area A.
Preliminary review of the project suggests that a Mitigated Negative Declaration (MND) for the
remedial activities and the wetlands restoration would be appropriate. In the event than an EIR is
required, ESA will prepare a separate scope and cost estimate for a project level EIR.
If the IS finds that potential significant adverse impacts could be mitigated to a level of
insignificance, we will prepare a MND that will be submitted with the IS. The City as the lead
agency for CEQA review will make the final determination about whether a MND is appropriate for
the project.
We will work closely with the applicable regulatory agencies to streamline and focus other
documentation required for evaluation and permitting of the proposed reclamation and development
of Area B and wetlands restoration as mitigation in Area A. Preparation of additional assessments
and permitting documents will be conducted as part of Task 3.
PAGE 8 OF 27
The Task 3 budget assumes 4 meetings with regulatory agencies and the City.
Task 3.1 Prepare Administrative Draft IS (and MND if Appropriate)
We will prepare an Administrative Draft IS forreview by City staff. The IS (and MND) will include:
• a detailed project description;
• description of setting and location, and a map;
• name of the project proponent;
• An assessment of seventeen potential environmental issues associated with the proposed
project in accordance with the CEQA environmental checklist form (CEQA Guidelines,
Appendix G) and applicable City standards and state or federal regulations.
This scope of work includes reconnaissance-level environmental surveys; no additional subsurface
investigations, protocol level species surveys, or wetland delineations are included in the proposed
services.
If appropriate based on the IS, we also prepare an Administrative Draft MND for review, which will
include:
• a description ofthe project;
• . commonly used names for the project;
• description of the project location and setting;
• maps of the project location and setting;
• the name of the project proponent;
• a proposed finding that the project will not have a significant effect on the
environment;
• an attached copy of the IS documenting reasons to support the finding;
• proposed mitigation measures, as appropriate, to avoid potentially significant
environmental impacts; and
• a Mitigation Monitoring and Reporting Program to implement any required
mitigation measures
Task 3.2 Prepare Public Review Draft
Upon receipt of written comments from the City on the Administrative Draft IS or (lS/MND) (one
round of comments is assumed), we will revise the IS (or IS/MND) as appropriate, and prepare the
Draft IS (or IS/MND) document for public review. We will also prepare the Notice oflntent (NOI)
to adopt a MND consistent with content requirements set forth in CEQA Guidelines Section
15072(g). Our cost proposal assumes that the City will make all arrangements for printing and
distribution of the document and notice (e.g., to its mailing list recipients, County Clerk's office,
State Clearing House, etc.).
Task 3.3 Prepare Response to Public Comments
Following receipt of comments on the draft public document, we will prepare a written response to
comments. Our estimate for the level of effort for the response to comments is 40 hours.
Task 3.4 Regulatory Permitting
We will work closely with the applicable regulatory agencies to streamline and focus the
supplementary work plans, reports, and other documentation required for evaluation and permitting
of the proposed reclamation and development of Area B and wetlands restoration as mitigation in
Area A.
PAGE 9 OF 27
The level of effort required to obtain regulatory permits is uncertain. Our cost proposal provides the
assumed number of hours and costs for the estimated regulatory permitting effort. Early consultation
and ongoing communication with the applicable regulatory agency personnel will help to streamline
the process and control costs. We will provide preliminary drafts of documents to the City and
regulators and incorporate their comments in final submittals.
Anticipated assessments and likely necessary regulatory permit applications include Biological
Assessment of Sensitive On-Site Habit; RWQCB 401 Water Quality Certification; USACOE
Nationwide Pre-Construction Notification (PCN); San Francisco Bay Conservation and
Development Commission Bay (BCDC); and California Department ofFish and Game.
Tentative Task 4. Construction Documents
Following the approval of the permitting agencies and approval of a contract amendment and
additional budget by Palo Alto City Council, Geosyntec may be requested to prepare a construction-
level design and bid package for the remediation/reclamation-development of Area B and wetlands
restoration of Area A. This will involve updating the preliminary design and the production of final
construction drawings and bid documents. The bid documents will include the technical
specifications (Division 2) along with Bid Requirements (Division 0) and General Requirements
(Division 1). In addition to the bid package, the work would include an Engineer's cost estimate for
the City's use in budgeting and evaluating contractor's bids along with a proposed construction
schedule.
The scope of work elements for Tentative Task 4 which were specified by RFP 148320 include:
• Preparation of detailed demolition and construction plans and technical specifications for
bidding purposes.
• Preparation of a conceptual construction schedule and engineers cost estimate.
• A Quality Assurance Project Plan (QAPP), a Health & Safety Plan A Health and Safety plan
to manage risk of exposure of construction workers to chemicals in the sludge in Area B
including possible hydrogen sulfide gas.
• A transportation plan, environmental monitoring plans (e.g. air quality, dust control), and
temporary storm water pollution prevention plan (SWPPP)
• A grading and drainage plan, which will include
o Plans for excavation of soil in Area A to establish wetlands and connection of Area
A (and potentially the northern portion of f}.rea B) to the adjacent slough and
wetlands in the Palo Alto Baylands Park.
PAGE 10 OF 27
·0 Plans and specs for mixing of imported fill to stabilize the sludge in the former
LATP ponds and raising of base grade in Areas B and C to comply with FEMA flood
protection requirements.
o Discussion of options for acceptance of clean fill from local construction sites and
guidelines to ensure the imported soil is cle~n and suitable as subgrade material.
The cost for Tentative Task 4 will be negotiated at a future date if it becomes a viable course of
action for the project.
Tentative Task 5. Optional Supplemental Certification and Confirmation Sampling
As specified by the RFP, this optional supplemental task may be added via a contract amendment if
the construction project is awarded to a Contractor. This would include
• Sampling and analytical services during. the reclamation and restoration work in
accordance with the approved confirmation sampling and data quality plan.
• Guidance for additional excavation if necessary.
• Preparation of a report to certify that cleanup goals have been achieved and request for a
closure letter from the RWQCB.
If needed, our field staff will collect samples of soil, sludge, and water in accordance with the
approved remedial action and monitoring plan to confirm that objectives ofthe remedial action plan
are met. Ifthe project moves forward into construction, this task would be awarded as a contract
amendment.
Project Management and Meetings
Our cost proposal includes budget for up to eight meetings with the City and/or agency staff. For
each meeting we will prepare agendas and make presentations as appropriate. We will make regular
status reports by email to the City and arrange for conference calls or additional meetings as needed.
One of the meetings is assumed to be a public community outreach meeting where we will present
the remedial action and monitoring plan in layman's terms and field questions from the public.
Effective project management, communication, coordination of the consulting team, and
collaboration with the City, the RWQCB, ACOE and other agencies and stakeholders are key
requirements to make this a successful project. A budget of $9,500 is included to cover up to 50
hours of general project coordination, communication and management.
Preliminary Project Schedule
A preliminary schedule for the proj ect is presented on the next page for the scope of work described
in this proposal. The preliminary proposed schedule shows completion of Task 1 two months after
receiving notice to proceed. Task 1 includes preparation of a "Design Basis Memo" documenting
PAGE 11 OF 27
agency input on mitigation ratios, and a memo disclosing information for potential lessees or future
buyers of the property regarding existing risk-based regulatory approval for use of Areas Band C and
potential required additional analyses and permitting for other land uses. The schedule shows
completion ofT ask 2 (Submission of Preliminary Plans suitable for regulatory review including and
geotechnical analysis, reclamation plan for Area B, wetland restoration analysis, ecological risk
assessment) four months after notice to proceed. The schedule shows completion of Task 3 (CEQA
analysis and submission of regulatory permitting applications) five months after notice to proceed.
A key schedule constraint is to submit the preliminary design plans prior to the August 4, 2013
expiration of the USACOE wetlands designation. We feel it is unlikely that regulatory approval can
be obtained prior to August 2013; however the current wetlands designation should still apply as
long as the applications are submitted before the expiration date. Geosyntec will confirm this with
ACOE during preliminary meetings with the agency.
The proposed schedule shows completion of Tentative Task 4 Construction Documents (detail plans
and specifications) five months after regulatory approval of the preliminary design plans, however,
actual timing of this tentative task depends on timing of regulatory approval and authorization of a
contract amendment from the City
The schedule is dependent on the time required by the City to review of the draft reports, and time
required for the regulatory agencies to review and approve the preliminary design, ecological risk
assessment, data quality plan, and other required submittals. And the time for the agencies to issue
permits. The preliminary schedule allows two weeks for review of draft submittals by the City and
one month for review of the reports by the RWQCB. With these assumptions the total time is
approximately one year to complete the work.
Next page ...
PAGE 12 OF 27
Preliminary Proposed Project
-;=.~~~~~~'i¥i;Ri~~ll",-
= Final Report
= Meeting
= Regulatory Approval and Permits
11
Professional Services
Rev. June 2, 2010
EXHIBIT "B"
SCHEDULE OF PERFORMANCE
CONSULTANT shall perform the Services so as to complete each milestone within the number
of days/weeks specified below. The time to complete each milestone may be increased or
decreased by mutual written agreement of the project managers for CONSULTANT and CITY so
long as all work is completed within the term of the Agreement. CONSULTANT shall provide a
detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the
notice to proceed.
Milestones
1. Task 1 -Review, Design Basis & Land Use Memos
2. Task 2 -Geotechnical Investigation & Preliminary
Drawings
3. Task 3 -CEQA Analysis & Permitting
11
Completion
No. of Weeks
FromNTP
8
12
20
Professional Services
Rev. June 2, 2010
EXHIBIT "C"
COMPENSATION
The CITY agrees to compensate the CONSULTANT for professional services performed in
accordance with the terms and conditions of this Agreement, and as set forth in the budget
schedule below. Compensation shall be calculated based on the hourly rate schedule attached
as exhibit C-1 up to the not to exceed budget amount for each task set forth below.
The compensation to be paid to CONSULTANT under this Agreement for all services
described in Exhibit "A" ("Basic Services") and reimbursable expenses shall not exceed
. $219,000. CONSULTANT agrees to complete all Basic Services, including reimbursable
expenses, within this amount. In the event CITY authorizes any Additional Services, the
maximum compensation shall not exceed $241,000. Any work performed or expenses
incurred for which payment would result in a total exceeding the maximum amount of
compensation set forth herein shall be at no cost to the CITY.
CONSULTANT shall perform the tasks and categories of work as outlined and budgeted
below. The CITY's Project Manager may approve in writing the transfer of budget amounts
between any of the tasks or categories listed below provided the total compensation for Basic
Services, including reimbursable expenses, does not exceed $219,000 and the total
compensation for Additional Services does not exceed $22,000.
BUDGET SCHEDULE NOT TO EXCEED AMOUNT
Task 1 $22,000
(Review, Design Basis & Land Use Permitting Memos)
Task 2 $94,000
(Geotechnical Investigation & Preliminary Design)
Task 3 $80,000
(CEQA Analysis & Permitting)
Project Management $9,500
Sub-total Basic Services $205,500
Reimbursable Expenses $13,500
Total Basic Services and Reimbursable Expenses $219,000
Additional Services (Not to Exceed)
Maximum Total Compensation
14
$22,000
$241,000
Professional Services
Rev. June 2, 2010
REIMBURSABLE EXPENSES
The administrative, overhead, secretarial time or secretarial overtime, word processing,
photocopying, in-house printing, insurance and other ordinary business expenses are included
within the scope of payment for services and are not reimbursable expenses. CITY shall
reimburse CONSULTANT for the following reimbursable expenses at cost plus 12%.
Expenses for which CONSULTANT shall be reimbursed are: Drilling subcontractor,
laboratory testing, drilling fees, drilling support vehicles, drilling field supplies.
A. Travel outside the San Francisco Bay area, including transportation and meals, will be
reimbursed at actual cost subject to the City of Palo Alto's policy for reimbursement of travel
and meal expenses for City of Palo Alto employees.
B. Long distance telephone service charges, cellular phone service charges, facsimile
transmission and postage charges are reimbursable at actual cost.
All requests for payment of expenses shall be accompanied by appropriate backup information.
Any expense anticipated to be more than $5,000 shall be approved in advance by the
CITY's project manager.
ADDITIONAL SERVICES
The CONSULTANT shall provide additional services only by advanced, written authorization
from the CITY. The CONSULTANT, at the CITY's project manager's request, shall submit a
detailed written proposal including a description of the scope of services, schedule, level of
effort, and CONSULTANT's proposed maximum compensation, including reimbursable
expense, for such services based on the rates set forth in Exhibit C-l. The additional services
scope, schedule and maximum compensation shall be negotiated and agreed to in writing by
the CITY's Project Manager and CONSULTANT prior to commencement of the services.
Payment for additional services is subject to all requirements and restrictions in this
Agreement
Work required because the following conditions are not satisfied or are exceeded shall be
considered as additional services:
NIA
15
Professional Services
Rev. June 2, 2010
EXHIBIT "D"
INSURANCE REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN
AND MAINT AININSURANCEIN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM
BEST'S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE
STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY'S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW:
MINIMUM LIMITS
REQUIRED TYPE OF COVERAGE REQUIREMENT EACH
YES
YES
YES
YES
YES
YES
OCCURRENCE AGGREGATE
WORKER'S COMPENSATION STATUTORY
EMPLOYER'S LIABILITY STATUTORY
BODILY INJURY $1,000,000 $1,000,000
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE $1,000,000 $1,000,000
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL BODILY INJURY & PROPERTY DAMAGE $1,000,000 $1,000,000
LIABILITY COMBINED.
BODILY INJURY $1,000,000 $1,000,000
-EACH PERSON $1,000,000 $1,000,000 -EACH OCCURRENCE $1,000,000 $1,000,000
AUTOMOBILE LIABILITY, INCLUDING
ALL OWNED, HIRED, NONOWNED PROPERTY DAMAGE $1,000,000 $1,000,000
BODILY INJURY AND PROPERTY $1,000,000 $1,000,000
DAMAGE, COMBINED
PROFESSIONAL LIABILITY, INCLUDING,
ERRORS AND OMISSIONS,
MALPRACTICE (WHEN APPLICABLE),
AND NEGLIGENT PERFORMANCE ALL DAMAGES $1,000,000
THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE,
SHALLOBT AIN AND MAINT AIN,IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT,
THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONL Y CONTRACTOR AND ITS SUBCONSULTANTS,IF ANY, BUT
ALSO, WITH THE EXCEPTION OF WORKERS' COMPENSATION, EMPLOYER'S LIABll..,lTY AND PROFESSIONAL INSURANCE, NAMING
AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A. A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN
COVERAGE OR OF COVERAGE CANCELLATION; AND
B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR
CONTRACTOR'S AGREEMENT TO INDEMNIFY CITY.
C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY'S PRIOR APPROVAL.
II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE.
III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO "ADDITIONAL
INSUREDS"
A. PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS
AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER
INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
B. CROSS LIABILITY
18
Professional Services
Rev June 2, 2010
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL
NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS
ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF
THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER
THANTHENON-PAYMENTOFPREMIUM,THEISSUINGCOMPANYSHALLPROVIDECITY
AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF
CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT
OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY
WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
NOTICES SHALL BE MAILED TO:
PURCHASING AND CONTRACT ADMINISTRATION
CITY OF PALO ALTO
P.O. BOX 10250
PALO ALTO, CA 94303
19
Professional Services
Rev June 2, 2010
City of Palo Alto (ID # 3663)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 4/1/2013
City of Palo Alto Page 1
Council Priority: Emergency Preparedness
Summary Title: Resolution Authorizing Grant Application for a Flood Warning
System
Title: Approval of a Resolution Authorizing the City Manager to Submit a
Grant Application to the California Department of Water Resources for an
Enhanced Regional Flood Warning System for the San Francisquito Creek
Watershed
From: City Manager
Lead Department: Public Works
Recommendation and Draft Motion
Draft Motion: I move that the Council approve the attached resolution
(Attachment A) authorizing the City Manager to submit a grant application to the
California Department of Water Resources for an enhanced regional flood
warning system for the San Francisquito Creek watershed.
Background
San Francisquito Creek poses the largest flooding threat to residents and
businesses in Palo Alto. The City monitors a network of rainfall and stream flow
gauges in the San Francisquito Creek watershed during winter storms in an effort
to identify potential flood events and provide advance warning to the public.
Some of the gauges are maintained by the City, while others are the responsibility
of other agencies. Information from these gauges is posted to the City’s Creek
Monitor web page to inform the public of current conditions and is used by
emergency managers to assess the likelihood of stream flooding.
City of Palo Alto Page 2
On December 23, 2012, a large storm dropped 2.75 inches of rainfall on the
saturated upper slopes of the San Francisquito Creek watershed. The
combination of the intense rainfall and the saturated ground conditions resulted
in a peak flow of 5,400 cubic feet per second in the creek, the third highest
recorded stream flow rate since 1930 (Attachment B). The high flows caused
stream overbanking at multiple locations into East Palo Alto and onto Highway
101 and near-overtopping at the Pope/Chaucer Street bridge. During post-event
internal and inter-agency reviews of the storm emergency response, it was noted
that the ability to effectively predict creek flooding is significantly hindered by the
scarcity of rainfall and stream flow data from the upper watershed. Current
problems include the ability to remotely monitor only one real-time rain gauge in
the watershed (in addition, the rainfall gauge is at the edge of the watershed, in a
sub-watershed that contributes only 14% of the flow to San Francisquito Creek)
and a stream flow gauge that transmits data only once every 15 minutes. There
was general agreement that a more robust, coordinated network of rainfall and
stream gauges would improve flood prediction capabilities.
Discussion
Staff at the San Francisquito Creek Joint Powers Authority (JPA) has identified a
grant program sponsored by the California Department of Water Resources that
could provide financial resources to help improve the rain and stream flow
instrumentation in the San Francisquito Creek watershed. The grant program,
funded with monies from State Proposition 84, is designed to assist local agencies
with implementation of flood emergency planning, preparedness, and response
activities. One of the activities specifically listed as being eligible for grant funding
is the “collecting and exchanging of flood information (static as well as real-time
information) and integrating information into a common operational picture”.
JPA staff have agreed to prepare a grant application and manage the coordinated
effort to implement an enhanced regional flood warning system for the San
Francisquito Creek watershed. The JPA would coordinate with staff from other
JPA member agencies, including the City of Palo Alto, during the development of
the system in order to ensure maximum functionality and accessibility of the data
for emergency response agencies throughout the watershed. If the grant
application is approved, the funds will be used to 1)purchase and install new
rainfall and stream flow gauges at strategic locations in the upper watershed;and
City of Palo Alto Page 3
2)pay for a consultant to assist with the selection of and installation of
rainfall/stream flow monitoring equipment, integration of existing and new
equipment into a unified monitoring system, and design of a robust
communications system that will optimize the availability of the rainfall and
stream flow data to emergency responders and the general public. The attached
map shows the potential new monitoring points along with the existing rainfall
and stream gauge locations (Attachment C).
Although the JPA will take a lead role in developing the grant application and
managing the implementation of the enhanced flood warning system, they have
asked the City to serve as the official applicant because the grant program
requires that the applicant be a public agency with primary responsibility for flood
emergency response. Approval of the attached resolution will authorize the City
Manager to sign and submit the grant application prepared by the JPA. If the
grant is approved, the City would be expected to provide upfront project funding,
with subsequent reimbursement from the State. The grant program does not
require the commitment of any local matching funds. Public Works staff will work
cooperatively with JPA staff and other JPA member agency staff to implement the
enhanced flood warning system if the grant is awarded.
Timeline
The grant application will be submitted to the California Department of Water
Resources prior to the grant program’s deadline of April 5, 2013. The JPA will
endeavor to have the enhanced flood warning system in place prior to the 2013-
14 winter storm season.
Resource Impact
If the grant is approved, the City would be expected to provide upfront project
funding, with subsequent reimbursement from the State. Staff would return to
Council for authorization of the upfront funding following approval of the grant.
Staff will contribute staff time towards the review and implementation of the
planned improvements.
City of Palo Alto Page 4
Policy Implications
Submittal of a grant application for an enhanced regional flood warning system is
consistent with Comprehensive Plan Policy N-55: “Minimize exposure to all
hazards through emergency management planning”.
Environmental Review
Submittal of a grant application is not a project under the provisions of the
California Environmental Quality Act (CEQA).
Attachments:
·A -Resolution (PDF)
·B -Historic San Francisquito Creek Stream Flow Rates (PDF)
·C -Map of Existing and Proposed Rainfall and Stream Flow Gages in San Francisquito
Creek Watershed (PDF)
NOT YET APPROVED
1
130322 jb 0131059
Resolution No. ______
Resolution of the Council of the City of Palo Alto Authorizing a Grant
Application to the State of California Department of Water Resources For
an Enhanced Regional Flood Warning System for the San Francisquito
Creek Watershed
R E C I T A L S
A. The City of Palo Alto, in cooperation with the San Francisquito Creek
Joint Powers Authority (JPA) and it member agencies, proposes to design and
implement an enhanced flood warning system for the San Francisquito Creek
Watershed; and
B. The City of Palo Alto intends to apply for grant funding from the
California Department of Water Resources for the project costs.
The Council of the City of Palo Alto RESOLVES as follows:
SECTION 1: That pursuant and subject to all of the terms and provisions of
the California Proposition 84 “Water Quality, Safety and Supply, Flood Control, Natural
Resource Protection, Park Improvements” Bond Law, and SB XX 1, application by this
Agency be made to the California Department of Water Resources to obtain a grant for
the Enhanced Regional Flood Warning System for the San Francisquito Creek
Watershed.
SECTION 2: The City Manager or his designee is hereby authorized and
directed to prepare the necessary data, make investigations, sign, and file such
//
//
//
//
//
//
//
//
NOT YET APPROVED
2
130322 jb 0131059
application with the California Department of Water Resources, and take such other
actions as necessary or appropriate to obtain the grant funding.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
__________________________ _____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
___________________________ _____________________________
Senior Asst. City Attorney City Manager
_____________________________
Director of Public Works
_____________________________
Director of Administrative
Services
HISTORIC PEAK STREAMFLOW RATES
SAN FRANCISQUITO CREEK AT USGS GAGE
(LOCATED NEAR JUNIPERO SERRA BLVD)
1930 - 1941; 1950 - 2012
DATE PEAK FLOW
RATE (CFS)
1. FEBRUARY 3, 1998 7200
2. DECEMBER 22, 1955 5560
3. DECEMBER 23, 2012 5400
4. JANUARY 4, 1982 5220
5. DECEMBER 31, 2005 4840
6. APRIL 2, 1958 4460
7. JANUARY 21, 1967 4000
8. FEBRUARY 13, 2000 3930
9. FEBRUARY 16, 1982 3760
10. DECEMBER 16, 2002 3660
11. NOVEMBER 18, 1950 3650
12. FEBRUARY 17, 1986 3480
13. JANUARY 26, 1983 3420
14. APRIL 1, 1974 3410
15. JANUARY 16, 1973 3390
16. JANUARY 24, 1983 3340
17. JANUARY 9, 1995 3320
18. JANUARY 13, 1980 3300
19. JANUARY 31, 1963 3270
20. JANUARY 2, 1997 3250
SOURCE: USGS WEBSITE
R
R
R
R
USGS flow gauge
Existing City of Palo Alto
rain gauge
R
Existing SFCJPA
rain gauge
Stanford flow
gauge
Stanford
flow gauge
Proposed new rain gauges
CITY OF PALO ALTO OFFICE OF THE CITY CLERK
April 1, 2013
The Honorable City Council
Palo Alto, California
Appointment of Lanie Wheeler to the Emergency Standby Council,
Replacing Judy Kleinberg
We have been informed by former Council Member Judy Kleinberg that she is resigning from
the Emergency Standby Council. The Municipal Code states that the Emergency Standby
Council will consist of seven former Council Members. Former Council Member Lanie Wheeler
has agreed to serve on the Emergency Standby Council for the remainder of 2013, in lieu of
Judy Kleinberg.
Staff recommends that the City Council appoint former Council Member Wheeler to the
Emergency Standby Council.
Department Head: Donna Grider, City Clerk
Page 2
City of Palo Alto (ID # 3328)
City Council Staff Report
Report Type: Meeting Date: 4/1/2013
City of Palo Alto Page 1
Council Priority: Environmental Sustainability
Summary Title: Recycled Water Project Contract
Title: Approval of a Water Enterprise Fund Contract with RMC Water and
Environment, Inc. for a Total Not to Exceed Amount of $193,914 to Complete
the Environmental Analysis of Expanding the City's Recycled Water Delivery
System
From: City Manager
Lead Department: Utilities
Recommendation
Staff recommends that Council approve a contract with RMC Water and Environment, Inc.
(RMC) to complete the environmental analysis of an expanded recycled water project to serve
the Stanford Research Park for $176,286, plus a contingency of $17,628, for an amount not to
exceed $193,914. Staff also recommends that Council approve this contract as a “sole source”
exemption from the City’s competitive bidding process under its authority in Palo Alto
Municipal Code Section 2.30.360(d).
Executive Summary
Staff continues to prepare the environmental documents for the proposed project to extend
the recycled water distribution system to customers in the Stanford Research Park area. Due to
unforeseen delays largely related to completion of the project’s environmental impact report
(EIR), the project has extended beyond the consultant’s contract termination date. Staff
requests approval of a new contract with RMC to complete the work. The expiration date for
the new contract is December 2014. Funds remaining from the expired contract will be re-
authorized for the new contract, so there is no funding increase included in this request. A
contract extension will allow the City to capture the remaining grant funds from the Bureau of
Reclamation. Of the $193,914 associated with this new RMC contract, 50% will eligible to be
recovered through grants once the environmental documents are complete. The total net
amount associated with the new RMC contract after incorporation of grants will be $ $96, 957
(or less if the contingency is not needed).
City of Palo Alto Page 2
Staff continues to work on various water alternatives in light of rising costs of water from the
San Francisco Public Utility Commissions’ Hetch Hetchy system. The recycled water distribution
system is one of the portfolio options identified for future evaluation in the Preliminary
Assessment of Water Resource Alternatives. Other alternatives under review include
groundwater and access to the Santa Clara Valley Water District treated water system.
Background
On April 16, 2007, the City Council authorized the City Manager to execute a contract with RMC
for preparation of a recycled water Facility Plan and associated environmental documents for
Capital Improvement Project WS-07001 (CMR 191:07). RMC completed the Facility Plan for the
project in June 2008, and staff has been working on the Federal and State environmental
documents since then. Since execution of the original contract, Council has approved three
amendments to the contract. The project cost and approval chronology are provided in Table 1
along with actual expenditures to date.
Table 1: RMC Budget and Cost Summary1
Approved Budgeted
Costs
Actual
Expenditures
Original RMC Contract April 16, 2007 (CMR: 191:07) $242,700 $242,700
Amendment No. 1 June 2, 2008 (CMR: 255:08) $25,000 $25,000
Amendment No. 2 Nov. 8, 2008 (CMR: 431:08) $35,000 $35,000
Amendment No. 3 April 12, 2010 (CMR: 207:10) $372,000 $161,848
Total RMC Contract with all amendments $674,700 $464,442
1These are gross costs, and do not include grants. Project costs net of grants are discussed below
Discussion
The Water Integrated Resource Plan was last updated in 2003. In preparation for updating the
plan, staff has been reviewing various water resource alternatives. A recycled water
distribution system extension has been one of the alternatives that staff has initiated over the
past several years. In February 2013, staff began a Water Integrated Resource Plan update with
a Utilities Advisory Commission discussion of the Preliminary Assessment of Water Resource
City of Palo Alto Page 3
Alternatives. The recycled water project was included with other portfolio options for future
evaluation. The UAC provided feedback and conceptual support for the next steps identified by
staff on resources that merit further evaluation, including the recycled water project.
The recycled water project has experienced significant delays since completion of the Facility
Plan in June 2008, and the RMC contract expired in June 2011. While staff has addressed many
issues regarding a future recycled water project, the replacement of high quality potable water
with recycled water remains a concern for the landscape community and has required staff and
RMC to complete additional work in preparation of the project’s EIR. These additional studies
and consultations were a major factor in pushing the project completion date beyond the
deadline in the RMC contract. Staff has also re-directed efforts on several occasions to
activities unrelated to the preparation of the environmental documents, but critical to position
the recycled water project project for success (i.e. grant funding pursuits). Completion of the
environmental document is essential for securing Federal or State grant or loan funding for the
construction of the project.
Staff is recommending that Council approve a new contract with RMC to extend the time to
complete the work required. The tasks and scope of work – completion of the environmental
documents - are substantially the same with minor modifications to the deadlines and
individual tasks to ensure they are consistent with current information and the new project
schedule. The scope has also been updated to reflect work already completed and to ensure
that updated NEPA requirements from the US Bureau of Reclamation are included.
The City selected RMC through a competitive bidding process for the original contract. Staff
has consulted with Purchasing and recommends that the Council approve this new contract
with RMC as a sole source contract. This project qualifies for an exception to the competitve
bidding process under Palo Alto Municipal Code Section 2.30.360(d) since there is no adequate
substitute for this consultant’s services given the substantial work done to date on this complex
project. The City has completed significantly more than half of the work required on this
project and has been using the same consultant for these professional services throughout.
Staff anticipates the remaining funds in the expired RMC contract will be sufficient to complete
both the Federal and State environmental documents.
The project received a $75,000 grant from the State Water Resources Control Board (SRWCB) to
complete the Facility Plan. Since Amendment #3 to the prior contract with RMC, staff applied
for and received an additional planning grant. The new grant is a 50% cost share planning grant
administered by the Federal Bureau of Reclamation (Reclamation) under the Title XVI recycled
water program. Staff has submitted and received reimbursement for approximately 2/3 of the
grant. Table 2 illustrates the net project cost (total projected cost less grants). The total RMC
cost for the expired contract and the new proposed contract has been lowered from $674,700
City of Palo Alto Page 4
(as shown in Table 1) to $658,336 (as shown in Table 2) due to a lower contingency amount in
the new contract.
Table 2: Project costs and grants
Staff costs included in CIP Budget $42,300
Total RMC Cost (including new contract) $658,336
Total CIP Budget $700,636
Less SWRCB Planning Grant (State) ($75,000)
Less Bureau of Reclamation Planning Grant (Federal) ($326,000)
Total Net CIP Cost $299,636
The Reclamation grant is a cost share agreement, so the City must first incur the costs in order
to get reimbursement. The City has already received about $210,000 from Reclamation. Once
the environmental documents are complete, staff will submit invoices to Reclamation for
reimbursement of the remaining grant amount of approximately $116,000. Reclamation has
strict grant administration guidelines, and the new RMC contract is important to ensure staff
can resume progress on the project and capture the remaining grant funds.
Timeline
City of Palo Alto Page 5
Following approval of the contract extension, Staff will resume work on the EIR. The tentative
schedule for EIR preparation and presentation to City Council is provided below:
Task Start End
Draft EIR Preparation April 2013 August 2013
Public Review/Community
Meeting
August 2013 October 2013
Final EIR/Response to
Comments
October 2013 December 2013
Final EIR Presented to UAC December
2013
January 2014
Final EIR presented to City
Council
February 2014 March 2014
Staff is also working with the Bureau of Reclamation to prepare NEPA documents for the
project. Federal agency environmental review is required for the City to secure a future
construction grant application for 25% of the project costs, or $8.25 million.
Resource Impact
The proposed contract does not require any additional funds to complete all necessary work.
There is approximately $210,000 remaining in Capital Improvement Project WS-07001 funds
originally budgeted for the expired contract to complete the environmental work for the
project. The $193,914 needed for the new contract will be reauthorized in this request, and the
balance will return to the Water Fund reserves. The federal grant associated with this contract
will provide 50% of the contract cost reducing the City’s cost, after the grant funds are received,
to $96,957 (or less if the contingency is not needed). The new contract funding requirement is
lower than that of the expired contract due to a reduction in the contingency amount.
Policy Implications
Executing the proposed contract is consistent with Council policy. This project is consistent
with the Council-adopted Water Integrated Resource Plan Guideline 3: “Actively participate in
development of cost effective regional recycled water plans.” The project is also consistent
with Council direction to reduce imported water supplies and limit or reduce diversions from
the Tuolumne River.
City of Palo Alto Page 6
Environmental Review
The project is undergroing Federal and State-mandated environmental review.
Attachments:
Attachment A - Contract (PDF)
Professional Services
Rev. June 2, 2010
CITY OF PALO ALTO CONTRACT NO. C13148958
AGREEMENT BETWEEN THE CITY OF PALO ALTO
AND RMC WATER AND ENVIRONMENT, INC.
FOR PROFESSIONAL SERVICES
This Agreement is entered into on this 4th day of March, 2013, (“Agreement”) by and
between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and
RMC WATER AND ENVIRONMENT, INC., a California corporation, located at 2290 North First
Street, Suite 212, San Jose, CA 95131 ("CONSULTANT").
RECITALS
The following recitals are a substantive portion of this Agreement.
A. CITY intends to study the water quality impacts of irrigation with recycled water
(“Project”) and desires to engage a consultant to prepare a single-issue EIR to address the water
quality impacts with recycled water in connection with the Project (“Services”).
B. CONSULTANT has represented that it has the necessary professional expertise,
qualifications, and capability, and all required licenses and/or certifications to provide the Services.
C. CITY in reliance on these representations desires to engage CONSULTANT to provide the
Services as more fully described in Exhibit “A”, attached to and made a part of this Agreement.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, this
Agreement, the parties agree:
AGREEMENT
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in
Exhibit “A” in accordance with the terms and conditions contained in this Agreement. The
performance of all Services shall be to the reasonable satisfaction of CITY.
SECTION 2. TERM.
The term of this Agreement shall be from the date of its full execution through December 31, 2014
unless terminated earlier pursuant to Section 19 of this Agreement.
SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of
Services under this Agreement. CONSULTANT shall complete the Services within the term of this
Agreement and in accordance with the schedule set forth in Exhibit “B”, attached to and made a part
of this Agreement. Any Services for which times for performance are not specified in this
Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and
timely manner based upon the circumstances and direction communicated to the CONSULTANT.
Professional Services
Rev. June 2, 2010
CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery of
damages for delay if the extension is required due to the fault of CONSULTANT.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to
CONSULTANT for performance of the Services described in Exhibit “A”, including both payment
for professional services and reimbursable expenses, shall not exceed One Hundred Seventy Six
Thousand Two Hundred Eighty Six Dollars ($176,286). In the event Additional Services are
authorized, the total compensation for services and reimbursable expenses shall not exceed One
Hundred Ninety Three Thousand Nine Hundred Fourteen Dollars ($193,914). The applicable rates
and schedule of payment are set out in Exhibit “C”, entitled “COMPENSATION ” which is attached
to and made a part of this Agreement.
Additional Services, if any, shall be authorized in accordance with and subject to the provisions of
Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed
without the prior written authorization of CITY. Additional Services shall mean any work that is
determined by CITY to be necessary for the proper completion of the Project, but which is not
included within the Scope of Services described in Exhibit “A”.
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly
invoices to the CITY describing the services performed and the applicable charges (including an
identification of personnel who performed the services, hours worked, hourly rates, and
reimbursable expenses), based upon the CONSULTANT’s billing rates (set forth in Exhibit “C”). If
applicable, the invoice shall also describe the percentage of completion of each task. The
information in CONSULTANT’s payment requests shall be subject to verification by CITY.
CONSULTANT shall send all invoices to the City’s project manager at the address specified in
Section 13 below. The City will generally process and pay invoices within thirty (30) days of
receipt.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be
performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents
that it possesses the professional and technical personnel necessary to perform the Services required
by this Agreement and that the personnel have sufficient skill and experience to perform the Services
assigned to them. CONSULTANT represents that it, its employees and subconsultants, if permitted,
have and shall maintain during the term of this Agreement all licenses, permits, qualifications,
insurance and approvals of whatever nature that are legally required to perform the Services.
All of the services to be furnished by CONSULTANT under this agreement shall meet the
professional standard and quality that prevail among professionals in the same discipline and of
similar knowledge and skill engaged in related work throughout California under the same or similar
circumstances.
SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and
in compliance with all federal, state and local laws, ordinances, regulations, and orders that may
affect in any manner the Project or the performance of the Services or those engaged to perform
Services under this Agreement. CONSULTANT shall procure all permits and licenses, pay all
charges and fees, and give all notices required by law in the performance of the Services.
Professional Services
Rev. June 2, 2010
SECTION 8. ERRORS/OMISSIONS. CONSULTANT shall correct, at no cost to CITY, any and
all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives
notice to CONSULTANT. If CONSULTANT has prepared plans and specifications or other design
documents to construct the Project, CONSULTANT shall be obligated to correct any and all errors,
omissions or ambiguities discovered prior to and during the course of construction of the Project.
This obligation shall survive termination of the Agreement.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works
project, CONSULTANT shall submit estimates of probable construction costs at each phase of
design submittal. If the total estimated construction cost at any submittal exceeds ten percent (10%)
of the CITY’s stated construction budget, CONSULTANT shall make recommendations to the
CITY for aligning the PROJECT design with the budget, incorporate CITY approved
recommendations, and revise the design to meet the Project budget, at no additional cost to CITY.
SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in performing
the Services under this Agreement CONSULTANT, and any person employed by or contracted with
CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an
independent contractor and not an agent or employee of the CITY.
SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of
CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or
transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations
hereunder without the prior written consent of the city manager. Consent to one assignment will not
be deemed to be consent to any subsequent assignment. Any assignment made without the approval
of the city manager will be void.
SECTION 12. SUBCONTRACTING.
CONSULTANT shall not subcontract any portion of the work to be performed under this Agreement
without the prior written authorization of the city manager or designee.
CONSULTANT shall be responsible for directing the work of any subconsultants and for any
compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning
compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a
subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of
the city manager or his designee.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Suet Chau as the
Project Supervisor to have supervisory responsibility for the performance, progress, and execution of
the Services and to represent CONSULTANT during the day-to-day work on the Project. If
circumstances cause the substitution of the project director, project coordinator, or any other key
personnel for any reason, the appointment of a substitute project director and the assignment of any
key new or replacement personnel will be subject to the prior written approval of the CITY’s project
manager. CONSULTANT, at CITY’s request, shall promptly remove personnel who CITY finds do
not perform the Services in an acceptable manner, are uncooperative, or present a threat to the
adequate or timely completion of the Project or a threat to the safety of persons or property.
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The City’s project manager is Nicolas Procos, Utilities Department, Resource Division, 250
Hamilton Avenue, Palo Alto, CA 94303, Telephone: (650)329-2214. The project manager will be
CONSULTANT’s point of contact with respect to performance, progress and execution of the
Services. The CITY may designate an alternate project manager from time to time.
SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including
without limitation, all writings, drawings, plans, reports, specifications, calculations, documents,
other materials and copyright interests developed under this Agreement shall be and remain the
exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees
that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested
in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual
property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if any, shall make
any of such materials available to any individual or organization without the prior written approval
of the City Manager or designee. CONSULTANT makes no representation of the suitability of the
work product for use in or application to circumstances not contemplated by the scope of work.
SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time
during the term of this Agreement and for three (3) years thereafter, CONSULTANT’s records
pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and
retain such records for at least three (3) years after the expiration or earlier termination of this
Agreement.
SECTION 16. INDEMNITY.
16.1. To the fullest extent permitted by law, CONSULTANT shall protect,
indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents
(each an “Indemnified Party”) from and against any and all demands, claims, or liability of any
nature, including death or injury to any person, property damage or any other loss, including all
costs and expenses of whatever nature including attorneys fees, experts fees, court costs and
disbursements (“Claims”) resulting from, arising out of or in any manner related to performance or
nonperformance by CONSULTANT, its officers, employees, agents or contractors under this
Agreement, regardless of whether or not it is caused in part by an Indemnified Party.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to
require CONSULTANT to indemnify an Indemnified Party from Claims arising from the active
negligence, sole negligence or willful misconduct of an Indemnified Party.
16.3. The acceptance of CONSULTANT’s services and duties by CITY shall not
operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive
the expiration or early termination of this Agreement.
SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any covenant,
term, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not
be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of
any subsequent breach or violation of the same or of any other term, covenant, condition, provision,
ordinance or law.
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SECTION 18. INSURANCE.
18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full
force and effect during the term of this Agreement, the insurance coverage described in Exhibit "D".
CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an
additional insured under any general liability or automobile policy or policies.
18.2. All insurance coverage required hereunder shall be provided through carriers
with AM Best’s Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to
transact insurance business in the State of California. Any and all contractors of CONSULTANT
retained to perform Services under this Agreement will obtain and maintain, in full force and effect
during the term of this Agreement, identical insurance coverage, naming CITY as an additional
insured under such policies as required above.
18.3. Certificates evidencing such insurance shall be filed with CITY concurrently
with the execution of this Agreement. The certificates will be subject to the approval of CITY’s Risk
Manager and will contain an endorsement stating that the insurance is primary coverage and will not
be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the
Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification,
CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance
are provided to CITY’s Purchasing Manager during the entire term of this Agreement.
18.4. The procuring of such required policy or policies of insurance will not be
construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions
of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be
obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as
a result of the Services performed under this Agreement, including such damage, injury, or loss
arising after the Agreement is terminated or the term has expired.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The City Manager may suspend the performance of the Services, in whole or
in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written
notice thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will immediately
discontinue its performance of the Services.
19.2. CONSULTANT may terminate this Agreement or suspend its performance of
the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of
a substantial failure of performance by CITY.
19.3. Upon such suspension or termination, CONSULTANT shall deliver to the
City Manager immediately any and all copies of studies, sketches, drawings, computations, and
other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given
to CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will
become the property of CITY.
19.4. Upon such suspension or termination by CITY, CONSULTANT will be paid
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for the Services rendered or materials delivered to CITY in accordance with the scope of services on
or before the effective date (i.e., 10 days after giving notice) of suspension or termination; provided,
however, if this Agreement is suspended or terminated on account of a default by CONSULTANT,
CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s
services which are of direct and immediate benefit to CITY as such determination may be made by
the City Manager acting in the reasonable exercise of his/her discretion. The following Sections will
survive any expiration or termination of this Agreement: 14, 15, 16, 19.4, 20, and 25.
19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will
operate as a waiver on the part of CITY of any of its rights under this Agreement.
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by
certified mail, addressed as follows:
To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager
To CONSULTANT: Attention of the project director
at the address of CONSULTANT recited above
SECTION 21. CONFLICT OF INTEREST.
21.1. In accepting this Agreement, CONSULTANT covenants that it presently has
no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would
conflict in any manner or degree with the performance of the Services.
21.2. CONSULTANT further covenants that, in the performance of this Agreement,
it will not employ subconsultants, contractors or persons having such an interest. CONSULTANT
certifies that no person who has or will have any financial interest under this Agreement is an officer
or employee of CITY; this provision will be interpreted in accordance with the applicable provisions
of the Palo Alto Municipal Code and the Government Code of the State of California.
21.3. If the Project Manager determines that CONSULTANT is a “Consultant” as
that term is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT
shall be required and agrees to file the appropriate financial disclosure documents required by the
Palo Alto Municipal Code and the Political Reform Act.
SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section
2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not
discriminate in the employment of any person because of the race, skin color, gender, age, religion,
disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status,
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weight or height of such person. CONSULTANT acknowledges that it has read and understands the
provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination
Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section
2.30.510 pertaining to nondiscrimination in employment.
SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE
REQUIREMENTS. CONSULTANT shall comply with the City’s Environmentally Preferred
Purchasing policies which are available at the City’s Purchasing Department, incorporated by
reference and may be amended from time to time. CONSULTANT shall comply with waste
reduction, reuse, recycling and disposal requirements of the City’s Zero Waste Program. Zero
Waste best practices include first minimizing and reducing waste; second, reusing waste and third,
recycling or composting waste. In particular, Consultant shall comply with the following zero waste
requirements:
All printed materials provided by Consultant to City generated from a personal
computer and printer including but not limited to, proposals, quotes, invoices,
reports, and public education materials, shall be double-sided and printed on a
minimum of 30% or greater post-consumer content paper, unless otherwise approved
by the City’s Project Manager. Any submitted materials printed by a professional
printing company shall be a minimum of 30% or greater post-consumer material and
printed with vegetable based inks.
Goods purchased by Consultant on behalf of the City shall be purchased in
accordance with the City’s Environmental Purchasing Policy including but not
limited to Extended Producer Responsibility requirements for products and
packaging. A copy of this policy is on file at the Purchasing Office.
Reusable/returnable pallets shall be taken back by the Consultant, at no additional
cost to the City, for reuse or recycling. Consultant shall provide documentation from
the facility accepting the pallets to verify that pallets are not being disposed.
SECTION 24. NON-APPROPRIATION
24.1. This Agreement is subject to the fiscal provisions of the Charter of the City of
Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a)
at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year,
or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of
the fiscal year and funds for this Agreement are no longer available. This section shall take
precedence in the event of a conflict with any other covenant, term, condition, or provision of this
Agreement.
SECTION 25. MISCELLANEOUS PROVISIONS.
25.1. This Agreement will be governed by the laws of the State of California.
25.2. In the event that an action is brought, the parties agree that trial of such action
will be vested exclusively in the state courts of California in the County of Santa Clara, State of
California.
25.3. The prevailing party in any action brought to enforce the provisions of this
Agreement may recover its reasonable costs and attorneys' fees expended in connection with that
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action. The prevailing party shall be entitled to recover an amount equal to the fair market value of
legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third
parties.
25.4. This document represents the entire and integrated agreement between the
parties and supersedes all prior negotiations, representations, and contracts, either written or oral.
This document may be amended only by a written instrument, which is signed by the parties.
25.5. The covenants, terms, conditions and provisions of this Agreement will apply
to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the
parties.
25.6. If a court of competent jurisdiction finds or rules that any provision of this
Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this
Agreement and any amendments thereto will remain in full force and effect.
25.7. All exhibits referred to in this Agreement and any addenda, appendices,
attachments, and schedules to this Agreement which, from time to time, may be referred to in any
duly executed amendment hereto are by such reference incorporated in this Agreement and will be
deemed to be a part of this Agreement.
25.8 If, pursuant to this contract with CONSULTANT, City shares with
CONSULTANT personal information as defined in California Civil Code section 1798.81.5(d)
about a California resident (“Personal Information”), CONSULTANT shall maintain reasonable and
appropriate security procedures to protect that Personal Information, and shall inform City
immediately upon learning that there has been a breach in the security of the system or in the
security of the Personal Information. CONSULTANT shall not use Personal Information for direct
marketing purposes without City’s express written consent.
25.9 All unchecked boxes do not apply to this agreement.
25.10 The individuals executing this Agreement represent and warrant that they
have the legal capacity and authority to do so on behalf of their respective legal entities.
IN WITNESS WHEREOF, the parties hereto have by their duly authorized
representatives executed this Agreement on the date first above written.
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CITY OF PALO ALTO
____________________________
City Manager
APPROVED AS TO FORM:
__________________________
Senior Asst. City Attorney
RMC WATER AND ENVIRONMENT,
INC.
By:___________________________
Name:_________________________
Title:________________________
Attachments:
EXHIBIT “A”: SCOPE OF WORK
EXHIBIT “B”: SCHEDULE OF PERFORMANCE
EXHIBIT “C”: COMPENSATION
EXHIBIT “D”: INSURANCE REQUIREMENTS
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EXHIBIT “A”
SCOPE OF SERVICES
RMC will prepare a single-issue EIR to address water quality impacts of irrigation with recycled
water. The EIR will be based on the same pipeline alignments and pump station sites as evaluated in
the Initial Study/Mitigated Negative Declaration (IS/MND) published by the City in March 2009.
RMC will, in consultation with the City, determine the alternatives to be analyzed upon reinitiation
of the project. RMC will evaluate the No Project Alternative, Proposed Project, and one other
alternative (e.g. additional treatment). This approach is preliminary; the scope of the CEQA
alternatives analysis would be confirmed and may require revision following the public scoping
period and conclusion of the water quality impact evaluation. RMC will also prepare environmental
documents that meet the Bureau of Reclamation National Environmental Policy Act requirements.
Each task is described below.
Environmental Impact Report
Notice of Preparation and Scoping Meeting
This task has been completed.
Draft EIR Preparation
The Draft EIR will focus on the water quality analysis of impacts of irrigation on landscape plants in
the project area, with particular emphasis on redwood trees. The Initial Study (IS) Checklist, which
includes the analysis for the remaining environmental topic areas, will be included as an appendix.
Other Draft EIR-related sections not specific to an environmental resource area, including the
Summary, Introduction, Project Description, and Alternatives will be presented in the upfront
sections of the EIR. Tasks for completion of the EIR are described below.
Administrative Draft EIR
The RMC team began work on the Project starting April 2010 and had prepared, to varying degrees,
different sections of the Administrative EIR. RMC will resume work on the Administrative Draft
EIR upon completion of the Project Description.
Project Description
RMC previously submitted a draft Project Description to the City. Upon receipt of requested details
and comments by the City, RMC will revise the project description. The City will confirm the
strategy for addressing redwood trees and other vegetation, If necessary, the Adaptive Management
Program that was included in the original project description will be modified to include any
recommendations developed as part of the water quality analysis. RMC will update the project
description that is included in the EIR.
Water Quality Analysis
The Water Quality section will focus only on salinity issues, with particular emphasis on effects on
redwood trees/vegetation. Other topics relating to hydrology and water quality have already been
addressed in the IS, which will be included as an appendix. The EIR will describe the existing
environmental and regulatory setting relevant to evaluation of salinity impacts, state where relevant
the impact significance criteria, describe the impacts of the proposed project, assess their
significance, and develop feasible mitigation measures as applicable to reduce or eliminate identified
impacts. The EIR will identify any cumulative and unavoidable impacts associated with use of
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recycled water for irrigation.
HortScience, Inc. completed an investigation in June 2011 to evaluate impacts on plants of irrigation
with recycled water. The investigation consisted of the following: 1) collecting and sampling of
soils; 2) identifying plant species present and rating their appearance; 3) inspecting and describing
soil profiles within root zones; 4) mapping the 12 locations where such activities occurred; 5)
performing a survey-level soil landscape evaluation; 6) identifying constraints in using recycled
water on plants; and describing the effects of irrigation with recycled water. A summary report was
prepared following the above work activities. The findings of the HortScience report will be
incorporated into the EIR as appropriate.
Initial Study Update
RMC will update the IS/MND to reflect comments made during public review of the March 2009
IS/MND, and to meet new Bay Area Air Quality Management District (BAAQMD) requirements for
quantification of construction-period emissions. A new CNDDB search and a new NWIC search
were conducted in 2011 to determine if new, sensitive biological and cultural resources occur in the
project area. Beside the searches, field work and analysis had been initiated in 2011 on these
subjects, and more than 90 percent of the biological resources work and approximately 20 percent of
the cultural resources work had been done. The City will provide additional details requested in the
Project Description to complete the biological and cultural resources efforts. Due to the delays in the
project, there may be changes in the regulatory environment that warrant new searches be conducted
and revisions to the work already completed. This scope does not include such efforts. The
biological and cultural resources reports previously prepared for SWRCB will be updated as
necessary for submittal to the SWRCB.
Please refer to Exhibits C, D and E regarding the scope and budget for the biological and cultural
resources tasks conducted by Christopher Joseph and Associates (now Environ) and William Self
Associates, respectively.
CEQA Required Analyses
Most of the CEQA required analyses can be based on the analysis contained in the IS/MND. This
section will include evaluation of growth inducing impacts and cumulative impacts, and
identification of any significant irreversible environmental changes or significant unavoidable
adverse impacts. The EIR will also include a summary and evaluation of alternatives, including
identification of the environmentally superior alternative. With the exception of the cumulative
analysis, the other sections will be integrated in the upfront portion of the EIR. The cumulative
analysis will be included in the IS Checklist.
Document Preparation
RMC will prepare a concise, clearly written, and easily understandable Administrative Draft EIR
(ADEIR) summarizing the information developed in the above tasks. RMC will prepare all CEQA
Mandated Sections. RMC will include tangible (i.e., quantifiable) performance objectives for all
identified mitigation to the extent feasible, identification of appropriately timed monitoring,
identification of agency or staff responsible for monitoring, and mitigation or measures to be
implemented should the performance objectives not be met.
RMC will submit the ADEIR to the City for internal review and comment.
Screencheck Draft EIR
The City will provide comments on a single annotated comment copy of the ADEIR that provides
clear direction for revisions. Upon receipt of comments from the City, RMC will hold a meeting to
review comments and discuss the approach for revising the document. RMC will prepare a
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Screencheck Draft EIR incorporating necessary revisions and refinements based upon comments
received from the City on the ADEIR. RMC will ensure that all City comments are addressed
thoroughly.
Deliverables: RMC will submit an ADEIR to the City. City staff will have up to three (3) weeks to
review the ADEIR and provide comments. Following receipt of comments from the City, RMC will
submit a Screencheck Draft within three (3) weeks. The City will have up to one (1) week to review
the Screencheck Draft EIR.
Public Review of Draft EIR
RMC will prepare a Draft EIR, incorporating necessary revisions and refinements based upon the
City’s final edits on the Screencheck Draft EIR. RMC will submit the Draft EIR in hard copy (20
bound copies, one unbound copy, and 20 CD copies) and electronic format ready for posting on the
City’s website. RMC will also submit a draft Notice of Availability and Notice of Completion
(NOC) to the City so that the City can advertise in the local newspaper and file the NOC at the State
Clearinghouse (along with 15 CD copies of the Draft EIR), respectively. RMC will submit 8 hard
copies of the Draft EIR and supporting documentation to the SWRCB. RMC will work with the City
to refine the NOP distribution list to produce a distribution list for the EIR.
RMC will work with the City to plan and conduct a public meeting to answer questions regarding
the Draft EIR. The public meeting may include an open house format to allow the maximum
opportunity for the public to ask questions and get information about the project.
Deliverables: RMC will prepare a Draft EIR within one (1) week of receipt of comments from the
City on the Screencheck Draft EIR. RMC will submit a NOA and NOC to the City. RMC will assist
the City in preparing for and conducting a public review meeting during the EIR public comment
period.
Final EIR and Associated Documents
RMC will meet with the City at the close of the comment period during the final EIR phase to
identify and develop approaches for key issues raised. If appropriate, RMC may use master
responses for topics of greatest interest to local agencies and the surrounding community. The scope
of work assumes 78 hours of staff time to determine with the City the approach to respond to public
comments, bracket the comments, and provide written response to the comments; should the
estimated level of effort for preparing responses exceed the hours assumed, additional work would
need to be authorized through a contract modification.
Draft Final EIR (Response to Comments document), MMRP, and Findings
The Final EIR will consist of the Response to Comments (RTC) document and Public Draft EIR.
RMC will prepare an a RTC document that includes: 1) all letters received on the Draft EIR and
summaries of all substantive comments made on the Draft EIR at the public meeting, 2) responses to
each comment, and 3) text revisions to the Draft EIR shown in errata format. RMC will also prepare
a Draft MMRP, which will consolidate all required and recommended mitigation measures into one
table. In addition, RMC will prepare draft Findings. RMC will submit the Draft Response to
Comments document, Draft MMRP, and Draft Findings to the City for review.
Screencheck Final EIR (RTC document), MMRP, and Findings
RMC will revise the Draft RTC document, Draft MMRP, and Draft Findings per City
recommendations and a screencheck will be submitted for review.
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Final EIR (RTC document), MMRP, and Findings
RMC will submit the Final Response to Comments document, MMRP, and Findings to the City in
electronic format. RMC will provide 20 bound copies and one unbound copy of the final Response
to Comments document. RMC will attend the certification hearing and will be prepared to answer
questions from the City Council. RMC will prepare a Notice of Determination for the City to file
with the State Clearinghouse.
Deliverables: RMC will prepare a Draft Response to Comments document, draft and Final MMRP,
and draft and Final Findings. RMC will also prepare a Notice of Determination. The City will have
up to two (2) weeks to review and provide comments. Following receipt of comments, RMC will
submit a Screencheck Response to Comments Document, MMRP, and Findings to the City within
one (1) week. The City will have one (1) week to review and provide comments. Following receipt
of comments, RMC will submit the Final EIR, MMRP, and Findings within one week.
NEPA Documentation
RMC will assist the City in obtaining NEPA clearance from the U.S. Bureau of Reclamation
(USBR), so that the project can qualify for federal funding. Previously, it was assumed that an EA
would be required for USBR compliance. As such, preparation of the EA had occurred in parallel
with the EIR. However, based on communication with USBR in July 2011, a new strategy has been
identified. USBR recommended preparation of a brief Supplemental Information Document.
Combined with the CEQA EIR, the Supplemental Information Document would lead to a Finding of
No Significant Impact (FONSI). USBR has suggested that the Supplemental Information Document
would be prepared close to the completion of the EIR (during the latter part of the Final EIR
preparation stage), so that all issues have been dealt with adequately in the EIR process. RMC will
complete the tasks identified below. Please refer to Exhibits C, D and E regarding the scope and
budget for the biological and cultural resources tasks conducted by Environ and William Self
Associates, respectively.
Administrative Draft Supplemental Information Document
RMC will prepare Administrative Drafts of a Supplemental Information Document to submit to
USBR. The Supplemental Information Document will be brief (less than 20 pages) and would
include additional topical analysis required by NEPA, including socioeconomics and environmental
justice.
Deliverables: RMC will submit an Administrative Draft Supplemental Information Document to
USBR. It is assumed that USBR staff will require up to four (4) weeks to review and comment on the
Administrative Draft Supplemental Information Document and associated documents.
Screencheck Draft Supplemental Information Document
USBR will provide comments on a single annotated comment copy of the Administrative Draft
Supplemental Information Document that provides clear direction for revisions. Upon receipt of
comments from USBR, RMC will revise the document and prepare a Screencheck Draft
Supplemental Information Document, incorporating necessary revisions and refinements based upon
comments received from USBR on the supplemental document . RMC will ensure that all USBR
comments are addressed thoroughly. Deliverables: Following receipt of comments from USBR,
RMC will submit a Screencheck Draft within three (3) weeks. USBR will have up to one (1) week to
review the Screencheck Draft EA.
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Final Supplemental Information Document
RMC will prepare the Final Supplemental Information Document, incorporating necessary revisions
and refinements based upon USBR final edits on the Screencheck Draft Supplemental Information
Document. RMC will submit the Final Supplemental Information Document to USBR in hard copy
(10 bound copies and one unbound copy) and electronic format.
Deliverables: RMC will prepare a Final Supplemental Information Document within one (1) week
of receipt of comments from USBR on the Screencheck Draft Supplemental Information Documents.
Project Management / Meetings
RMC will coordinate with the City, USBR, RMC’s subconsultants and internal staff on all CEQA
and NEPA items related to the project. This task also includes two conference calls / one meeting
with the City and/or USBR to discuss CEQA / NEPA issues at key junctures of the process. This
task also covers preparation of monthly invoices and progress reports. It should be noted that as the
project timeframe has been extended well beyond the anticipated 10 months (although a portion of
time the project was on hold), and project management tasks (including conference calls and
meetings) were still being conducted to address outstanding issues (e.g., salinity approach), the
remaining budget for this task is limited.
Deliverables: RMC will submit monthly status reports to the City.
Optional Services
The following tasks are optional tasks that will require authorization by the City before can be
initiated. It should be noted that portions of the optional tasks have been authorized for both Environ
and WSA.
NEPA Documentation
USBR may have additional consultation requirements related to Section 7 and Section 106
consultation. The need for and level of consultation have not been determined and will be
determined based on discussions with USBR. The optional tasks include both Sections 7 and 106
consultations. Please refer to Exhibits C, D and E regarding the scope and budget for the biological
and cultural resources tasks conducted by Environ and William Self Associates, respectively. The
current strategy related to Section 7 consultation (to address biological resources effects) is to
include biological resources-related environmental commitments (Avoidance Measures) in the
Project Description so the City can proceed with informal consultation with the USFWS (rather than
formal consultation). We will need the City’s confirmation to commit to these measures. It should be
noted that the final determination for formal or informal consultation has not yet been determined
and will be determined by USFWS.
Assumptions
Additional outreach beyond the EIR preparation is not assumed in this scope of work /
budget.
No new substantive issues (beyond those the City has already encountered during the public
comment phase of the IS/MND) are assumed to arise.
The Project Description is assumed to be generally complete, with the exception of
additional details that will require City input. Once the City responds to the requested
information on the Project Description and provides direction on salinity strategy, the project
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will be reinitiated. Currently, the project is anticipated to reinitiate on March 4, 2013. For the
purposes of the Microsoft schedule the initiation date is assumed to be March 4, 2013.
The City will provide comments (including requested information) on all deliverables
promptly.
Other sections of the EIR that will be developed include: Summary, Introduction,
Alternatives, and Cumulative Impacts. With the exception of the Cumulative Impacts, the
other sections will be included in the upfront portion of the EIR.
One public meeting is assumed during the public comment period for the Public Draft EIR.
RMC will provide support (presentation preparation) and attend the Public Meeting (4 hours
for two staff members). The City will coordinate the meeting planning, present at, and
facilitate the meeting.
ODCs for the Public Draft EIR covers printing, mailing, and travel expenses. Graphics in the
document will be printed in black and white only. A maximum of 28 hard copies will be
printed (which includes 20 copies for the City and 8 copies for SWRCB), a maximum of 50
copies of a CD will be burned if needed (15 will be sent to SCH), and a maximum of 100
notices (NOA) if needed will be printed. The City will be responsible for publishing the
notice in the local newspaper and/or posting the notice at the project sites.
Preparation of the Response to Comments document is based on hours, which may increase
depending on the number of comments received. Should the estimated level of effort exceed
the hours assumed, additional work would need to be authorized through a contingency
release or other appropriate contract modification.
The City will prepare and send response letters to responsible agencies commenting on the
EIR.
The Draft EIR and the Response to Comments (with errata) constitutes the Final EIR
document; RMC will not print an Integrated EIR.
For all deliverables, only one administrative draft and one screencheck are proposed. If
additional deliverables are included, then the work effort will increase.
For all CEQA-related deliverables, we assume one set of consolidated, non-conflicting
comments from the Utilities and Planning Departments.
For all NEPA-related deliverables, we assume they will be reviewed by the USBR only (not
the City). Thus, the hours identified for preparation of NEPA deliverables are based on two
rounds of comments from USBR only, and not additional comments from the City.
For NEPA deliverables, we assume one set of consolidated, non-conflicting comments from
the USBR.
USBR will be responsible for all noticing of NEPA documents.
The City will file the Notice of Determination with the State Clearinghouse.
It is assumed that the NEPA Supplemental Information Document would be published after
the publication of the EIR, such that any issues arising from the EIR will have been resolved.
The EIR, in combination with the Supplemental Information Document, is the basis of the
FONSI.
Professional Services
Rev. June 2, 2010
Project management includes coordination with the City, USBR, and the internal team. It is
possible that the schedule as shown will be delayed if the initiation date is delayed, the
salinity approach requires further refinement beyond RMC’s control, or the NEPA process
takes longer than expected.
We assume that protocol-level surveys for special-status plants or animal species or formal
delineation of waters and wetlands will not be conducted. The Environ biological team can
conduct such studies if required and requested; however, an expanded scope and cost
estimate would be required for such services.
Professional Services
Rev. June 2, 2010
EXHIBIT “B”
SCHEDULE OF PERFORMANCE
CONSULTANT shall perform the Services so as to complete each milestone within the number
of days/weeks specified below. The time to complete each milestone may be increased or
decreased by mutual written agreement of the project managers for CONSULTANT and CITY
so long as all work is completed within the term of the Agreement. CONSULTANT shall
provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt
of the notice to proceed.
Task Name Duration Start Finish
Project Reinitiated / City provides all outstanding items on PD 1 day Mon 3/4/13 Mon 3/4/13
1.2 DEIR Preparation 176 days Tue 3/5/13 Mon 11/11/13
RMC Prepares ADEIR 80 days Tues 3/5/13 Tues 6/25/13
City reviews ADEIR 45 days Wed 6/26/13 Wed 8/28/13
RMC prepares Screencheck DEIR 25 days Thu 8/29/13 Thu 10/3/13
City reviews Screencheck DEIR 25 days Fri 10/4/13 Fri 11/8/13
Meeting with City to discuss City comments on
Screencheck EIR
1 day Mon 11/11/13 Mon 11/11/13
1.3 Public Review of Draft EIR 55 days Tue 11/12/13 Mon 2/3/14
RMC prepares Draft EIR, NOA, and NOC 25 days Tue 11/12/13 Wed 12/18/13
DEIR publication 0 days Wed 12/18/13 Wed 12/18/13
DEIR public review period 47edays Wed 12/18/13 Mon 2/3/14
Public Meeting 0 days Mon 1/13/14 Mon 1/13/14
1.4 Final EIR and Associated Documents 129 days Tue 2/4/14 Wed 8/6/14
Meeting with City to discuss public comments on DEIR 1 day Tue 2/4/14 Tues 2/4/14
RMC prepares Draft RTC, MMRP, Findings 30 days Wed 2/5/14 Wed 3/19/14
City reviews Draft RTC, MMRP, Findings 30 days Thu 3/20/14 Wed 4/30/14
RMC prepares screencheck RTC, MMRP, and Findings 20 days Thu 5/1/14 Thu 5/29/14
City reviews screencheck RTC, MMRP, and Findings 20 days Fri 5/30/14 Thu 6/26/14
RMC prepares Final RTC, MMRP, and Findings 20 days Fri 6/27/14 Fri 7/25/14
EIR Certification/Project Approval (2nd and last Weds of
the month)
1 day Tue 8/5/14 Tue 8/5/14
File NOD 1 day Wed 8/6/14 Wed 8/6/14
2 NEPA Documentation 128 days Fri 6/27/14 Wed 12/31/14
RMC prepares Administrative Draft Supplemental
Information Document
30 days Fri 6/27/14 Fri 8/8/14
USBR reviews Administrative Draft Supplemental
Information Document
30 days Mon 8/11/14 Mon 9/22/14
RMC prepares Screencheck Draft Supplemental
Information Document
20 days Tue 9/23/14 Tue 10/21/14
USBR reviews Screencheck Draft Supplemental
Information Document
20 days Wed 10/22/14 Wed 11/19/14
RMC prepares Final Supplemental Information Document 8 days Thu 11/20/14 Tue 12/2/14
Supplemental Information Document and FONSI
Publication/signatures
20 days Wed 12/3/14 Wed 12/31/14
Professional Services
Rev June 2, 2010
EXHIBIT “C”
COMPENSATION
The CITY agrees to compensate the CONSULTANT for professional services performed in
accordance with the terms and conditions of this Agreement, and as set forth in the budget
schedule below. Compensation shall be calculated based on the hourly rate schedule as in
Exhibit C up to the not to exceed budget amount for each task set forth below.
The compensation to be paid to CONSULTANT under this Agreement for all services
described in Exhibit “A” (“Basic Services”) and reimbursable expenses shall not exceed
$176,286. CONSULTANT agrees to complete all Basic Services, including reimbursable
expenses, within this amount. In the event CITY authorizes any Additional Services, the
maximum compensation shall not exceed $193,914. Any work performed or expenses
incurred for which payment would result in a total exceeding the maximum amount of
compensation set forth herein shall be at no cost to the CITY.
CONSULTANT shall perform the tasks and categories of work as outlined and budgeted
below. The CITY’s Project Manager may approve in writing the transfer of budget amounts
between any of the tasks or categories listed below provided the total compensation for Basic
Services, including reimbursable expenses, does not exceed $176,286 and the total
compensation for Additional Services does not exceed $17,628.
BUDGET SCHEDULE NOT TO EXCEED AMOUNT
Task 1 $97,778
(Environmental Impact Report)
Task 2 $31,507
(NEPA Documentation)
Task 3 $8,601
(Project Management)
Task 4 $38,400
(Optional Tasks)
Sub-total Basic Services $176,286
Total Basic Services and Reimbursable expenses $176,286
Additional Services (Not to Exceed) $17,628
Maximum Total Compensation $193,914
REIMBURSABLE EXPENSES
Professional Services
Rev June 2, 2010
The administrative, overhead, secretarial time or secretarial overtime, word processing,
photocopying, in-house printing, insurance and other ordinary business expenses are included
within the scope of payment for services and are not reimbursable expenses. CITY shall
reimburse CONSULTANT for the following reimbursable expenses at cost.
All requests for payment of expenses shall be accompanied by appropriate backup
information. Any expense anticipated to be more than $500 shall be approved in advance by
the CITY’s project manager.
ADDITIONAL SERVICES
The CONSULTANT shall provide additional services only by advanced, written
authorization from the CITY. The CONSULTANT, at the CITY’s project manager’s request,
shall submit a detailed written proposal including a description of the scope of services,
schedule, level of effort, and CONSULTANT’s proposed maximum compensation, including
reimbursable expense, for such services based on the rates set forth in Exhibit C. The
additional services scope, schedule and maximum compensation shall be negotiated and
agreed to in writing by the CITY’s Project Manage and CONSULTANT prior to
commencement of the services. Payment for additional services is subject to all requirements
and restrictions in this Agreement
Professional Services
Rev June 2, 2010
EXHIBIT “D”
INSURANCE REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT
OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES
WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN
THE STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW:
REQUIRED TYPE OF COVERAGE REQUIREMENT
MINIMUM LIMITS
EACH
OCCURRENCE AGGREGATE
YES
YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY
STATUTORY
STATUTORY
YES
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL
LIABILITY
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY DAMAGE
COMBINED.
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES AUTOMOBILE LIABILITY, INCLUDING
ALL OWNED, HIRED, NON-OWNED
BODILY INJURY
- EACH PERSON
- EACH OCCURRENCE
PROPERTY DAMAGE
BODILY INJURY AND PROPERTY
DAMAGE, COMBINED
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
PROFESSIONAL LIABILITY, INCLUDING,
ERRORS AND OMISSIONS,
MALPRACTICE (WHEN APPLICABLE),
AND NEGLIGENT PERFORMANCE
ALL DAMAGES $1,000,000
YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE,
SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT
AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS,
IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL
INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A. A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN
COVERAGE OR OF COVERAGE CANCELLATION; AND
B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR
CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY.
C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL.
II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE.
III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL
INSUREDS”
A. PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS
AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER
INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
B. CROSS LIABILITY
Professional Services
Rev June 2, 2010
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL
NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS
ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF
THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER
THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY
AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF
CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT
OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY
WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
NOTICES SHALL BE MAILED TO:
PURCHASING AND CONTRACT ADMINISTRATION
CITY OF PALO ALTO
P.O. BOX 10250
PALO ALTO, CA 94303
City of Palo Alto (ID # 3673)
City Council Staff Report
Report Type: Action Items Meeting Date: 4/1/2013
City of Palo Alto Page 1
Summary Title: 2013 Federal and State Legislative Program
Title: Approval of the 2013 Federal and State Legislative Program
From: City Manager
Lead Department: City Manager
Recommendation
Draft Motion:
Approve the 2013 Federal and State Legislative Program as recommended by staff and
the Policy and Services Committee.
Background
On February 12, 2013 the Policy & Services Committee reviewed the City's Legislative
Action Manual, legislative accomplishments in 2012, and the proposed 2013 Federal and
State legislative priorities. The Committee recommended that the City Council approve
the 2013 program with minor modifications (included as attachments A, B, and C
respectively). The draft action minutes for the February 12 Policy & Services Committee
meeting are included as Attachment D.
Discussion
Legislative Action Manual
The Committee reviewed the City’s Legislative Action Manual and recommended that
the Council approve the manual with no changes. The manual defines the City’s guiding
principles for legislative advocacy, describes how legislative activities are coordinated
city-wide, and provides guidelines for evaluating legislation and procedures for
engaging in advocacy efforts.
Federal Legislative Program
2012 was a challenging year in Washington, D.C., as Congress and the Administration
spent most of the year positioning themselves for the elections. Very few bills were
City of Palo Alto Page 2
enacted. The federal government is operating under a Continuing Resolution that
extends current-year funding until March 27, 2013, leaving it to this Congress and
Administration to determine funding for the remaining six months of the fiscal year.
Major accomplishments achieved in 2012 are included in Attachment B.
Contentious debate on a number of priorities can be expected to preoccupy Congress in
the coming year. Meanwhile, federal agencies will likely renew initiatives that were
stalled during the election year. It is in this context that the City of Palo Alto will
advance its federal priorities for 2013.
Attachment B provides a summary of the current climate in Washington and identifies
the priorities that will be addressed in 2013. An important component of the work plan
to achieve these priorities is the engagement of Council Members. VSA coordinated
several Council members’ first visit to Washington, DC in conjunction with the National
League of Cities legislative conference in March 2013. Vice Mayor Nancy Shepherd and
Council Members Klein and Kniss met with the congressional delegation, the U.S. Army
Corps of Engineers, the National Telecommunications and Information Administration,
the United States Postal Service, and the chairman of the House Railroads
Subcommittee. The priorities covered during these meetings were San Francisquito
Creek flood control, the future of tax-exempt municipal bonds, high speed rail,
enhancing high speed communications capability throughout the City, and purchase of
the Hamilton Avenue post office.
In addition, VSA met with Council Member Berman in Washington in March for a
briefing on the City’s federal legislative issues and priorities. Council member Berman
traveled with a delegation from the Silicon Valley Leadership Group for their annual trip
to meet with Senate and Congressional leaders and key Administration officials.
State Legislative Program
2012 brought a renewed focus on legislative activities for the City as dedicated staff
was hired (filling a former vacancy) to coordinate City activities. In 2012, the Council
reviewed and updated the City’s legislative guiding principles and program manual, as
well as identified federal and state priorities. The City Manager’s office established a
Legislative Team with representatives from each department and met monthly with the
City’s federal lobbyist and high speed rail and utilities legislative leads to coordinate
information and activities. In addition, staff initiated use of a legislative tracking system
in 2012 called CapitolTrack enabling the City to find and track bills of interest and stay
up to date on important bills. In addition, staff provided legislative updates to Council
with regular legislative email briefs.
The City advocated for or against a number of bills in 2012, including AB 2231 (sidewalk
repairs), SB1222 (solar permits), AB 904 (parking spaces), SB 1002 (public records).
Most notably, the City worked closely with the Senator Yee, author of SB1002 regarding
public records, provided technical assistance to the League, and briefed the Governor’s
City of Palo Alto Page 3
Office in the event that the bill made it to his desk. The bill was amended on Aug. 20
to require the State CIO to conduct a study to determine the feasibility of providing
electronic records in an open format.
New this calendar year, on January 24, 2013, staff met with Assembly Member Gordon
to explore potential legislation for the 2013 state legislative session. The topics
discussed were approved by the Council at its meeting on January 22, 2013 and
focused on clean up and clarifications on the 2012 Public Employee Pension Reform Act
(PEPRA), postponement of State landfill capping requirements for a limited time while
the City evaluates a potential Energy/Compost facility, CEQA reform, State’s Housing
Element Process and Allocation, and some form of dedicated funding for Caltrain. While
the meeting did not result in introducing any potential bill language in 2013, staff will
continue to work with our legislators and update Council.
Looking forward, attachment C provides the state legislative priorities for 2013.
Included in attachment C is a list of bills of interest (at the time this staff report was
prepared) that the City is tracking in coordination with Departments, the Utilities
Legislative staff and the City’s Rail Advocate. There is significant legislative activity at
this time. As bills are being heard and modified, staff is actively monitoring changes and
evaluating their application to the City. Staff is regularly updating this list and will
provide periodic reports to Council. The Council may also refer bills to staff at any time
for further analysis. To note, at the Policy & Services Committee on February 12, it was
suggested that, similar to our federal legislative program, that the City consider use of a
state lobbyist in the future. No Committee action was taken on the matter.
Timeline
The guiding principles and legislative priorities herein are intended to guide the City’s
2013 Legislative Program.
Attachments:
Attachment A. Legislative Action Program Manual (DOC)
Attachment B. 2013 Federal Legislative Program (DOCX)
Attachment C. State Legislative Program (PDF)
Attachment D. 02-12-13 PS EXCERPT (DOC)
Attachment A. Legislative Action Program Manual
Page 1
Legislative Action Program Manual
Policy Statement
The objective of the City of Palo Alto legislative action program is to keep the City
Council, community and staff fully advised of proposed legislation with a potential impact
upon the City. It is the City's general policy to take timely and effective action in support
of or opposition to proposed legislation affecting Palo Alto at the County, State, Federal
levels. In addition the City, where appropriate, will take the initiative to seek introduction
of new legislation beneficial to Palo Alto and other local government entities.
City Council Priorities
The groundwork for the City's legislative strategy is the Council's priorities:
Infrastructure Strategy and Funding;
Future of Downtown and California Avenue (transportation, urban design, parking,
livability);
Technology and the Connected City.
Guiding Principles for Legislative Advocacy
1. Protect local revenue sources and prevent unfunded mandates.
Oppose Federal or State legislation, policies and budgets that have negative
impacts on services, revenues and costs. Ensure that legislation, policies and
budgets do not detract from Palo Alto’s ability to draw on local revenue
sources.
2. Protect and increase local government discretion, balancing that with City values and
priorities.
Acknowledge the fundamental issues with the governance structure at the State
level and ensure that legislative or Constitutional reforms align with the City’s
values and maintain and/or enhance local discretion.
3. Ensure that legislation, policies and budgets retain or increase, but generally don’t
decrease, the amount of local discretion held by the City and protect local decision
making. Oppose legislation, policies and budgets that reduce the authority and/or
ability of local government to determine how best to effectively operate local
programs, services and activities. The City retains the right to exceed State goals,
standards or targets.
4. Protect and increase funding for specific programs and services.
Support County, State and Federal funding for local service by maximizing
existing funding levels and seeking new and alternative funding for programs.
Attachment A. Legislative Action Program Manual
Page 2
Promote increases in the allocation of funds to cities and flexibility in
distribution.
5. Proactively advocate on behalf of the City.
6. Identify key legislative areas to monitor annually. Take a proactive role in working
with Federal and State legislators to draft and sponsor legislation around key City
priorities.
Attachment A. Legislative Action Program Manual
Page 3
Contents
Internal Coordination of the Legislative Action Program p. 4
The Role of the City Council p. 5
The Role of the City Manager's Office p. 6
The Role of the Departments p. 6
Guidelines for Evaluating Legislation p. 7
Legislative Advocacy p. 8
Lobbying Methods p. 10
Guidelines for Letter Writing p. 11
Procedure for City Council meetings with other Elected Representatives p. 12
California State Legislative Timeline 2013 p. 13
Attachment A. Legislative Action Program Manual
Page 4
Basic Steps in the City's Legislative Action Program
Internal Coordination of the Legislative Action Program
The basic steps in the City's legislative action program are illustrated in the accompanying
diagram (above).
1. Legislation is brought to the City's attention by several means: the League of
California Cities, the National League of Cities, Council Members, City staff, citizens,
professional or governmental newsletters, legislators, the legislative tracking service,
etc.
2. The City Manager's Office reviews the proposed legislation (the bill text) and, if
warranted, requests assistance from one or more departments. Departments are urged
to take the initiative to identify legislation of importance to the City and not wait for
the City Manager's Office to ask for their involvement.
3. The Department evaluates the bill for its impact upon Palo Alto, recommends a
position and potential action, and drafts a statement or letter for use by the City
Manager's Office, as appropriate.
4. At this juncture, action can proceed in either of two ways:
a. If the Council has previously adopted a policy directly relevant to the legislation,
the City Manager's Office proceeds to prepare a letter for the Mayor's signature;
Attachment A. Legislative Action Program Manual
Page 5
b. If the Council policy relative to the legislation does not exist, or if the issue is
politically controversial, or if there is significant local interest in the issue, the
proposed legislation is referred to Council. (See Legislative Advocacy)
5. The Council will consider the information provided in a staff report, determine its
position on the legislation and provide direction to staff. 6. The City Manager's Office coordinates the lobbying activities according to Council
direction through this policy and procedure manual.
7. The Council will connect with the various legislative bodies in several ways
throughout the year:
a. Joint meetings with elected representatives
b. Visits to Sacramento and Washington DC
c. Direct contact with elected representatives by phone or letter on key issues
The Role of the Council
The City Council has ultimate responsibility for determining the position the City shall
take on legislative issues. Council positions applicable to legislation accumulate over the
years and require periodic reevaluation to assure they are still relevant to the City's needs
and interests. The Council generally takes positions only on issues that are of relevance to
the City of Palo Alto.
The Council's specific responsibilities include:
Conduct an annual review and update of legislative priorities at both the State and
Federal levels.
Meet annually with the City's federal lobbyist to establish federal legislative
priorities and strategies, given current trends in Washington.
Establish legislative priorities, taking into account the Council priorities adopted
each year.
Consider legislative issues brought to the Council's attention by staff, citizens,
organizations and others and determine what, if any, position the City should take.
Determine Council positions on resolutions proposed for adoption by the League of
California Cities and the National League of Cities.
Suggest areas for staff action concerning legislation.
Assume an active advocacy role with legislators on behalf of the City. This may
include travel to Washington, DC and/or to Sacramento. Any such travel will be
consistent with current City policies/procedures on travel.
Attachment A. Legislative Action Program Manual
Page 6
The Role of the City Manager's Office
The City Manager's Office is the central coordinator of the City's legislative program. The
responsibilities and activities of the office include the following:
Ensure the consistency of legislative policy throughout the City.
Serve as a clearinghouse and record keeper for all legislative activity occurring
with the City.
Coordinate contacts and communications with legislators and staff.
Coordinate the evaluation of proposed legislation that may affect the City.
Disseminate information on legislation of interest to departments and division
within the City.
Encourage suggestions from other departments concerning subjects for legislative
action.
Provide feedback to departments on progress of legislation of interest.
Keep Council informed on the status of the City's legislative action program.
Recommend priorities for legislative action, in order to avoid diminishing the
effectiveness of the City’s lobbying activities.
Plan, coordinate, and facilitate lobbying activities by Council Members and City
staff.
Maintain legislative files (bill texts, correspondence, records of lobbying activity,
background information, Council policies).
Serve as liaison to the League of California Cities, National League of Cities, and
other organizations and jurisdictions concerning legislative activities.
Coordinate the annual review of legislative positions and preparation of the City's
legislative platform.
The Role of Departments
The participation of various departments within the City is essential to the success of the
Legislative Action Program. The program requires departments to take responsibility for
identifying, evaluating and monitoring legislation that relates to their functional areas. The
program must be cooperative and interactive. Effective lobbying and testimony depends on
factual data concerning the impacts and implications of proposed legislation upon the
City's operations, services, and finances. The responsibilities of the departments include
the following:
Inform the Manager's Office of legislative issues of importance to the City.
Attachment A. Legislative Action Program Manual
Page 7
Designate a key contact within the department or division who will be responsible
for coordinating the evaluation of legislation and monitoring those legislative
issues of direct significance to the department. Continue to monitor bills as they
progress through the Legislature or Congress.
Establish a system within the department for assuring that requests for legislation
evaluation are responded to promptly.
Draft letters and provide analysis of legislation as requested by City Manager's
Office.
Maintain a legislative file with the department to assure consistency of policy
recommendations.
Establish mechanisms within the department for accessing direct information on
legislation, e.g. computer networks, newsletters, etc.
Network with other cities, agencies, professional organizations, etc. to gain
background information and broader perspective on legislative issues.
Suggest organizations, individuals, publications, and other legislators who may be
allies in lobbying the City's position on certain legislation.
Become acquainted with the League of California Cities staff person with
responsibility for issues related to the department.
Understand and adhere to the City’s Legislative Advocacy Policy. Consult the
Manager's Office if there are questions.
Annually, provide to the Manager's Office the department's recommendations for
the ensuing year's legislative platform. This shall include: 1) a review of existing
positions, 2) statements of underlying policies and principles, and 3) priorities
related to specific legislative issues.
Guidelines for Evaluating Legislation
Several resources are available to departments that can enable them to identify proposed
legislation and track its progress. The League of California Cities and National League of
Cities publications contain information on Congressional legislation. Departments can also
subscribe to legislative announcements through professional associations as well as State
and Congressional websites.
Bills often are amended several times in the course traveled between introduction and final
approval. Analyses and letters expressing the City's position should always be based on the
latest version. When reviewing the bill text, do not rely solely on the Legislative Counsel's
Digest; read the entire bill. The bill-will contain the new or amended language proposed
for the California Code. If the department wishes to compare the proposed language with
the actual language of existing law, and does not have the relevant code (Government
Code, Vehicle Code, Election Code, Revenue and Taxation Code, etc.) in the department,
contact the City Attorney's Office with questions.
Attachment A. Legislative Action Program Manual
Page 8
If the bill is later amended, language that is deleted will be lined out and new proposed
language will be shown in italics. Proper timing is vital in the legislative process. The
City's views on a bill are of value only if they reach a legislator or committee before they
vote on a bill. Departments should provide the City Manager's Office with information on
bills of importance to the City as soon as they are aware of them.
A. Citywide perspective
Often, proposed legislation will have the potential for affecting more than one department.
Not always will the impact be the same. While the proposal may be beneficial from the
perspective of one department, it may have negative impacts for another department. It is
essential that these differences be reconciled and a common citywide position is
determined. The City Manager's Office will work with Departments to reconcile
differences.
B. Stating the City's position
Departments should be aware of policies and programs contained in the City of Palo Alto
Comprehensive Plan which relate to their area of responsibility. The City Manager's Office
can verify if the League of California Cities or National League of Cities has taken a
position on a bill.
The most effective arguments in lobbying a bill are those which contain hard data about
the effects on the City's operations and services. If the bill has potential significant effects
for the City, it is well worth the time spent to assemble the examples and cost figures.
The best criticism is that which contains suggestions for improvement. If there is little
likelihood of defeating a bill the City opposes, indicate what could be changed to make it
more palatable. Legislators and their staffs are more receptive to communications which
offer concrete ideas.
If the department recommendation is to support, oppose, or amend a bill, it is important to
draft the body of a letter that the City Manager's Office can use in writing to the
legislators. The Manager's Office will put the letter in final form and send it to the
appropriate committees, legislators, etc. A copy of the finalized letter will be routed to the
evaluating department for its records.
Legislative Advocacy
The Council is the official voice of the City of Palo Alto. The final authority for
determining the position that shall be taken by the City on proposed legislation rests with
the Council. The process outlined below would likely be followed only for key and
controversial topics. In many instances, due to timing or the nature of the issue, the Mayor
may sign a letter supporting or opposing legislation on behalf of the City. This position
would need to be generally consistent with the City's overall guiding legislative principles
or the annually adopted priorities.
Attachment A. Legislative Action Program Manual
Page 9
Process: (Taken from CMR: 315:02)
1. Two Councilmembers draft a Council Colleagues Memorandum to refer a ballot
measure or legislative issue to the Policy and Services Committee for review.
2. Staff generates an informational report for the Policy and Services Committee
summarizing the ballot measure or legislative issue. This report will include an
analysis of City policy as it relates to the item, if applicable. It will also indicate if the
League of California Cities has taken a position on the issue.
3. The item is agendized for the Policy and Services Committee meeting.
4. The Policy and Services Committee reviews and discusses the ballot measure or
legislative issue at the meeting.
5. Policy and Services Committee members vote on the propositions and/or legislative
issue that the Committee determines are consistent with the City's interests.
6. If the vote is unanimous, the matter is forwarded to the Council as consent calendar
item.
7. If a timeliness issue exists, the item will referred to Council without minutes, and a one
page executive summary will be provided. If no timeliness issue exists, the item will be
referred with minutes in the usual manner.
Signature on communication regarding legislation. Letters and other communications
expressing the City's position on legislation will customarily bear the signature of the
Mayor, particularly when the legislation relates to areas of Comprehensive Plan policies
and programs, other Council adopted policies, issues of Council interest, and fiscal
matters.
If the legislation's principal impact is on the City’s operating procedures, the
communication may be signed by the City Manager. In these instances, it may increase the
effectiveness of the communication to have it co-signed by the head of the department
most directly affected.
In order to keep the Council and others informed of all City communications on
legislation, copies of the letters will be distributed in the Council agenda packet.
Independent lobbying by City personnel. City employees are not to lobby in the name of
the City of Palo Alto unless the activity has been approved by the department head and
City Manager has been informed in advance of the activity.
City advisory commissions and committees. City employees who are staff or liaison to
Council appointed advisory commissions and committees should encourage the bodies to
bring to the attention of the Council proposed legislation upon which they recommend the
Council take a position.
Attachment A. Legislative Action Program Manual
Page 10
The Palo Alto Municipal Code (Section 2.22.060(f)) authorizes the Human Relations
Commission to adopt independent positions on legislation, provided the City Council has
not taken an official position with respect to the legislation. All legislative letters sent by
the HRC and its task forces shall be copied for the City Council.
Lobbying Methods
Listed here are a number of ways to inform and persuade legislators and others of the
City's position on proposed legislation.
Departmental participation in the planning and implementation of many of these activities
is desirable and important. Departments should let the City Manager's Office know of their
interest and suggestions for lobbying bills they have evaluated.
Letters to
The authors of proposed legislation.
The City's elected representatives in the State Legislature and Congress.
The Chair and members of legislative committees.
The Governor or President.
If the letter is being sent within three working days of the scheduled committee hearing
of floor vote, the letter will be faxed or emailed. All records of faxes, mailings, e-mail,
will be maintained by the City Manager's Office.
Telephone calls
Phone calls are useful for discussing with legislative staff the content and
implications of a bill and for suggesting amendments or language clarification.
However, many committees' rules prevent them from counting phone calls as a
legitimate expression of a City's position on a bill. Pro and con positions are
recorded only if they are received in writing.
Meetings with Palo Alto's elected representatives either in the district or in
Sacramento and Washington.
It is the Council's practice to invite legislators representing Palo Alto to an
annual meeting to discuss all issues of importance to the City during that
legislative session.
Councilmembers are encouraged to attend legislative days set by the National
League of Cities and League of California Cities.
Attachment A. Legislative Action Program Manual
Page 11
Resolutions
The Council is sometimes asked to adopt a resolution expressing its position on
a bill. Resolutions are frequently sought by organizations as an indication of
widespread support for a position, but they are less effective than letters when
communicating directly with a legislator.
Testimony
Testifying in person at a legislative committee hearing provides an opportunity to
present the City's position and respond to questions. The City Manager, the Mayor,
a Councilmember, or the staff person with particular expertise in the subject
assumes the responsibility.
Editorial support from newspapers serving Palo Alto community
Staff member must seek approval from Manager's Office before submitting
editorials in newspapers.
Press Conferences
Press conferences are called by the Mayor and Councilmembers and are staged in a
location relevant to the issues being lobbied. Any press conference should be
coordinated with the City Manager's Office.
Coalitions with other jurisdictions
These alliances are not limited to governmental bodies, but extend to all segments
of the broader community that can similarly be affected by the legislation, e.g.
business, nonprofit organization, environmental groups, etc.
Registered lobbyists are retained by the City when their specific skills and expertise are
required.
Guidelines for Letter Writing
Concentrate on the letter content, rather than format. The City Manager's Office
will produce the final letter, addressing it to the proper legislators or committees
and securing the appropriate signature. The process can be expedited if the
originating department provides the draft of the letter electronically.
At the very start of the letter, indicate the bill number or title that is the subject of
the letter.
A short concise letter is generally more effective than a lengthy treatise. (Several
short letters will carry more weight than one long letter; if there are many good
arguments for supporting or opposing a bill, provide them all to the Manager's
Office but in a form where they can be selectively used in several
communications.)
Attachment A. Legislative Action Program Manual
Page 12
Provide specific examples of the impact of the legislation upon Palo Alto, e.g.
estimated cost or savings, effect upon taxpayers and residents, relationship to the
City's policies, programs, charter, etc.
Think of examples that may be particularly newsworthy.
Relate, when feasible, to the effect the proposed legislation may have upon the
legislator’s constituents.
If advice is needed on what aspects of the legislation can most successfully be
lobbied, or what kind of information is most needed by the legislators, it is useful
to talk to the staff of the League of California Cities, of the Legislature's
Committees, or of the individual legislators. The Manager's Office can provide
contact names and phone numbers.
ATTACHED:
Exhibit 1: Sample Federal Letter
Exhibit 2: Sample State Letter
Procedure for City Council meetings with other elected representatives
Typically, the Council meets annually with its County, State and Federal representatives.
These meetings are an important component of building legislative relationships and to
share issues of importance to Palo Alto. These meetings should be scheduled at the
appropriate times during the respective legislative calendars.
At direction of Council, the other Elected Representative, or the City Manager,
staff will schedule a meeting with the representative.
The City Manager will seek agenda items from the Mayor and Council.
Staff from the City Manager's Office will obtain agenda items from Departments
and staff in the representative’s office.
Agenda for the meeting and a potential list of topics will be published by City
Clerk.
Attachment A. Legislative Action Program Manual
Page 13
California State Legislative Timeline 2013
Jan. 1 Statutes take effect
Jan. 7 Legislature reconvenes
Jan. 10 Budget must be submitted by Governor
Jan. 25 Last day to submit bill requests to the Office of Legislative
Counsel.
Feb. 22 Last day for bills to be introduced
Mar. 21 Spring Recess begins upon adjournment
Apr. 1 Legislature reconvenes from Spring Recess
May 3 Last day for policy committees to hear and report to fiscal
Committees' fiscal bills introduced in their house
May 10 Last day for policy committees to hear and report to the floor
nonfiscal bills introduced in their house
May 17 Last day for policy committees to meet prior to June 3
May 24 Last day for fiscal committees to hear and report to the floor bills
introduced in their house. Last day for fiscal committees to meet
prior to June 3.
May 28 – 31 Floor session only. No committee may meet for any purpose.
May 31 Last day for each house to pass bills introduced in that house.
June 3 Committee meetings may resume
June 15 Budget Bill must be passed by midnight
July 12 Last day for policy committees to hear and report bills. Summer
Recess begins on adjournment, provided Budget Bill has been
passed.
Aug. 12 Legislature reconvenes from Summer Recess.
Aug. 30 Last day for fiscal committees to meet and report bills to the Floor.
Sept. 3 - 13 Floor session only. No committee may meet for any purpose.
Sept. 6 Last day to amend on the Floor.
Sept. 13 Last day for each house to pass bills. Interim Study Recess begins
upon adjournment.
October 13 Last day for Governor to sign or veto bills passed by the Legislature
on or before Sept. 13 and in the Governor’s possession after Sept.
13.
2014
Jan. 1 Statutes take effect
Jan. 6 Legislature reconvenes
Attachment A. Legislative Action Program Manual
Page 14
Exhibit 1: Sample Federal Letter
January 30, 2012
The Honorable Barbara Boxer
United States Senate
112 Hart Senate Office Building
Washington, DC 20510
Dear Chairman Boxer:
As your Committee continues its work on a long-term surface transportation
authorization, I write to urge you to support dedicated funding for bicycle and pedestrian
infrastructure. Walking and cycling are critical modes of transportation for the City of
Palo Alto, providing healthy and environmentally-friendly ways of getting around our
community. In 2011, Palo Alto approved a comprehensive bicycle and pedestrian master
plan to help the City become a leader in providing transportation choices to its citizens.
Partnership with the federal government is one of many components of reaching the goals
outlined in our plan.
Today, programs such as Transportation Enhancements, Safe Routes to School,
and Recreational Trails provide dedicated sources of funding for non-motorized
transportation projects. As you know, the current version of MAP-21 proposes to
eliminate these distinct pots of funding and force bicycle and pedestrian projects to
compete against costly requirements such as environmental mitigation. While we
appreciate your efforts to protect eligibility for bicycle and pedestrian projects, we are
concerned that under the current bill these types of projects would rarely, if ever, be
awarded funding.
While efforts to save money and to refocus transportation programs toward
national needs are laudable goals, eliminating dedicated funding for non-motorized
projects achieves neither. Nationally, 12 percent of all trips are made by walking or
bicycling, while these projects receive less than two percent of federal transportation
funding. Walking and cycling facilities are cost-effective projects that enrich our
communities, provide substantial economic benefits, and ease traffic congestion for drivers
by taking cars off the roadway.
Attachment A. Legislative Action Program Manual
Page 15
As Chairman of the Environment and Public Works Committee and a leader in
transportation and environmental issues, I ask that you work to protect dedicated funding
for bicycle and pedestrian infrastructure. These programs will help the City of Palo Alto
provide diverse transportation choices and ensure that all users of our transportation
system have safe and reliable options.
Sincerely,
Yiaway Yeh, Mayor
City of Palo Alto
cc: Palo Alto City Council
James Keene, City Manager – City of Palo Alto
Curtis Williams, Director of Planning & Community Services – City of Palo Alto
Mike Sartor, Director of Public Works – City of Palo Alto
Attachment A. Legislative Action Program Manual
Page 16
Exhibit 2: Sample State Letter
September 14, 2011
Governor Edmund G. Brown, Jr.
State of California
State Capitol Building
Sacramento, CA 95814
RE: Request for Signature of SBx1 4 (Budget Committee)
Dear Governor Brown:
On behalf of the of Palo Alto I respectfully request your signature on SBx1 4.
This measure amends and removes a provision included in AB X1 16, that would create a
new maintenance of effort (MOE) requirement on all frontline municipal police services
for cities to receive COPS (Citizens’ Option for Public Safety) funding.
Given the current economic reality, Palo Alto has made reductions in police staffing. Palo
Alto is especially concerned that this MOE requirement will leave us ineligible to receive
COPS funding our community depends on unless we significantly cut other local services.
This MOE language will tie the hands of cities in a time of considerable fiscal difficulty,
when flexibility should be maximized so we can provide the highest level of services to
our community with diminished resources.
In many cities, like Palo Alto, returning frontline municipal police funding to the FY 2010-
11 levels will require offsetting cuts in other essential local services. The very real
outcome is cities, including Palo Alto, will have little choice but to reject the COPS grants
because the potential grant monies are insufficient to justify necessary cuts to other
services.
The MOE language is also unnecessary because the non-supplant language that has been
in place for 15 years has ensured the grant monies for cities, counties, and police
protection districts is used as intended.
For these reasons, the City of Palo Alto respectfully requests your signature on SBx1 4,
following your signature of ABx1 16, so that the harmful MOE provisions applicable to
cities are removed.
Attachment A. Legislative Action Program Manual
Page 17
Thank you for your attention to this pressing issue. Please contact me at (650) 329-2571 if
you have any questions about our concerns.
Mayor Sid Espinosa
City of Palo Alto
Cc: Aaron Maguire, Deputy Legislative Secretary, Office of Governor Brown, via email
(aaron.maguire@gov.ca.gov)
Attachment B. Federal Legislative Program
1
TO: Sheila Tucker
FROM: Steve Palmer and Thane Young
DATE: March 22, 2013
SUBJECT: 2013 Federal Legislative Priorities and Review of Legislative Activities in 2012
_____________________________________________________________________________
Washington’s Political Climate
With a new Congress and President Obama beginning his second term, bipartisanship seems to
be taking hold in Washington. Already this year, the Congress and President have agreed to
legislation that provides for more than $600 billion in new tax revenues, allowed the first of ten
years of budget sequestration to take effect, and completed the FY 2013 appropriations process.
Before leaving for a two-week legislative break, the House passed its blueprint for spending for
FY 2014, and the Senate is working to complete its first budget plan in four years.
With appropriations behind them, the President and Congress will now focus once again on the
need to increase the debt limit by May 18. And just as importantly, unless Congress acts to
reduce the federal debt by $1.2 trillion, a second of ten years of budget sequestration will take
effect on January 1, 2014.
Other issues will begin to take center stage when Congress returns, as the Senate will turn to gun
control legislation, while the House will begin debating a series of bills that the leadership calls
its “Making Life Work” agenda. Immigration reform has emerged as an early priority for both
parties, with Democrats hoping to further capitalize on the support of Latino voters and
Republicans anxious to reintroduce themselves as a credible party to Latino interests. Recent
events have also demanded the attention of legislators and the White House as turmoil in the
Middle East and North Africa continues.
Federal Priorities for 2013
Contentious debate on a selected number of priorities can be expected to preoccupy Congress in
the coming year. Meanwhile, federal agencies will likely renew initiatives that were stalled
during the election year. It is in this context that the City of Palo Alto must advance its federal
priorities for 2013.
We have identified priorities that we know or anticipate will be addressed in the coming year.
An important component of the work plan to achieve these priorities will be the engagement of
Council Members, and we are prepared to fully integrate the Council into our advocacy efforts.
The first visit to Washington, DC, was conducted in conjunction with the National League of
Cities legislative conference in March. Vice Mayor Nancy Shepherd and Councilmembers Klein
and Kniss met with the congressional delegation, the U.S. Army Corps of Engineers, the
Attachment B. Federal Legislative Program
2
National Telecommunications and Information Administration, the United States Postal Service,
and the chairman of the House Railroads Subcommittee. The priorities covered during these
meetings were San Francisquito Creek flood control, the future of tax-exempt municipal bonds,
high speed rail, enhancing high speed communications capability throughout the City, and
purchase of the Hamilton Avenue post office. The active involvement of the City’s elected
leadership is the best way to ensure that the City’s voice is heard among federal policymakers,
including the congressional delegation and Executive Branch officials. Close coordination and
communication with staff will help ensure that the City’s federal advocates are able to deploy the
City’s resources efficiently and effectively.
Tier I Priorities
San Francisquito Creek
Advance flood control study: Secure additional funding from the U.S. Army Corps of
Engineers to continue the study in the FY13 workplan, FY14 budget, and the FY14
workplan
Facilitate construction of Phase I: Assist the JPA in working with PG&E to relocate
pipeline; seek in-kind credit recognition from Corps of Engineers on advance work
Monitor and advise on the implementation of new flood insurance rates and program
requirements
High Speed Rail
Monitor and advise on funding issues and other initiatives regarding HSR in California
Grant Funding Opportunities
Transportation
Public Safety
Firefighter Assistance
Infrastructure
Tax Reform
Tax exempt bond limitations could be included in tax reform legislation; preserve the
viability of this financing option
Mainstreet Fairness Act would provide ability for state and local government to collect
sales tax from internet transactions
Transit Occupancy Tax: maintain local government ability to levy and collect taxes on
hotel and motel room rental
New Transportation Reauthorization Bill
Bike and pedestrian program policy and funding
Post Office Acquisition
Assist City is acquisition of downtown post office facility from the U.S. Postal Service
Technology and the Connected City
Assist City with strategy and funding opportunities to build-out the “last mile” of high-
speed communications capability to businesses and residences.
Tier II Priorities
Support Utilities Legislative Agenda, Cybersecurity
Monitor EPA Stormwater Rules
Attachment B. Federal Legislative Program
3
Accomplishments in 2012
The 2013 Federal Priorities are the result of either developments or delays in achieving the
priorities of 2012. It was a challenging year in Washington, D.C., as Congress and the
Administration spent most of the year positioning themselves for the elections. Very few bills
were enacted; none of the twelve annual appropriations bills, which provide funding for an array
of City priorities, was signed into law. As such, the availability of competitive grant funding has
been delayed and limited. The federal government is operating under a Continuing Resolution
that extends current-year funding until March 27, 2013, leaving it to this Congress and
Administration to determine funding for the remaining six months of the fiscal year.
The stalled agenda in Congress was matched by similar delays in the Administration. Numerous
regulatory and policy initiatives were postponed during the election to avoid introducing new
issues into the Presidential campaign.
Consistent with the City Council’s 2012 priorities, a federal work plan was organized around
five priorities: 1) City Finances; 2) Emergency Preparedness; 3) Environmental Sustainability;
4) Land Use and Transportation Planning; and 5) Youth Well-Being. A specific set of federal
priorities was identified to provide focus to the City’s advocacy efforts. Progress was reported
and objectives were reiterated in frequent communication with senior staff, including regularly
scheduled conference calls with city manager and department staff. Major accomplishments
achieved in 2012 are listed below:
Tier I Priorities
San Francisquito Creek
Work efforts were closely coordinated with the San Francisquito Creek JPA in order to expedite
funding for the feasibility study and to prepare for construction of the early implementation
project from U.S. 101 bridge to the Bay. Unfortunately, the annual President’s budget requests
have not included funding for the feasibility study in recent years. With the continuing ban on
congressional earmarks, legislators are not able to add funds in the annual Energy and Water
Development Appropriations bill for this specific project. Rather, the only opportunity is for
Congress to add a block of funds in addition to the President’s budget request for flood control
studies. Local project sponsors must then work with the Army Corps of Engineers to secure
funding in a subsequent work plan. Limited funds were added in FY 2012, none of which were
allocated to this project, despite it being referenced as a priority by Rep. Eshoo and Senator
Feinstein.
The early implementation project requires the relocation of a PG&E gas pipeline to
accommodate levee construction. Based on previous relationships with PG&E’s Washington,
D.C. office, VSA was able to help facilitate consideration of the relocation request. We are also
working on a strategy with the JPA to raise the profile of the project with the congressional
delegation and perhaps link it to other priority projects for flood control, environmental
restoration, and economic development for Bay communities.
The JPA is working closely with the City to secure a waiver from Army Corps of Engineers’
policy for credit toward the local cost share requirement. After waiting two years for credit
Attachment B. Federal Legislative Program
4
approval from the Corps, the JPA learned earlier this year that a recent policy change would
make it impossible for the JPA to receive credit for advance work done on the early
implementation project. The new policy doesn’t allow the Corps to recognize advance work
conducted by the JPA until the feasibility study is nearly completed. Because credit must be
granted before construction commences early next year, the JPA is seeking a waiver from the
new policy. In addition to seeking this administrative waiver from the Assistant Secretary of the
Army, we are simultaneously working with the Senate Environment and Public Works
Committee, which is chaired by Senator Barbara Boxer, to revise the policy with legislation in
anticipation of the Assistant Secretary denying the waiver request. Although the Assistant
Secretary invites waiver requests, one has never been granted.
Flood Insurance in Palo Alto
Despite the work of the JPA and the priority the City has placed on removing residents from the
floodplain, legislation considered last year in Congress would have mandated flood insurance
and building restrictions regardless of the level of flood protection provided by levees and dams.
VSA led the successful effort in Congress to remove a provision in the National Flood Insurance
Program (NFIP) reauthorization legislation that would have required property owners protected
by levees to purchase flood insurance and be subject to permanent building restrictions. Because
state and local government advocacy organizations in Washington, D.C. did not have a policy on
this matter, despite the potentially devastating costs to property owners and economic
development, VSA had to take the lead to strike the “residual risk” provision from the House and
Senate bills. VSA worked closely with a number of Senate offices to explain the potential
negative impacts for local communities and was successful in building support to remove the
residual risk provision. Flood insurance premiums would have cost Palo Alto residents an
estimated $6 million per year and imposed more costly building restrictions for renovations and
new development. The insurance mandate would have been a major disincentive for property
owners to pay for flood control improvements when insurance would be required nonetheless.
High Speed Rail
Last year we have actively conveyed to federal policymakers the City’s opposition to the
California High Speed Rail Association’s proposed plan for high speed rail on the Peninsula. As
deficiencies in the high speed rail program were brought to light during the last year, Congress
has struggled to provide funding for high speed rail. For example, in FY 2012 and in the FY
2013 Continuing Resolution, which funds the federal government for first six months of the year,
no federal funding was provided for the national high speed rail program. Because of the
importance of this program to the City, we have coordinated the lobbying efforts of VSA and the
City’s state lobbyist in regular, bi-monthly conference calls to compare notes and discuss
possible strategies for opposing the California high speed rail project. From these discussions
VSA has contacted officials at the Department of Transportation (DOT), offering suggestions to
senior policymakers on ways they could advance the President’s agenda, without harming the
interests of people the Peninsula. However, senior DOT and Federal Railroad Administration
officials have continued to advance the California project by completing the environmental
review process and approving the Record of Decision.
Attachment B. Federal Legislative Program
5
Grant Opportunities
The recent Congressional ban on earmarks has placed new emphasis and more competition on
federal grant opportunities. The earmark ban may, in fact, be temporary; the House’s ban is
indefinite while the Senate’s ban is only effective through fiscal year 2013. There is a growing
consensus that the ban must be revised to restore balance between the legislative and executive
branches in making decisions about authorizations and appropriations for programs and projects.
In the meantime, the City has been advised of grant notices, including the following:
Assistance to Firefighters (AFG) Grants - The Palo Alto Fire Department (PAFD) applied for
two AFG grants. The first grant was prepared by the PAFD, on behalf of the County Fire
Chiefs ($650,000). This was a regional communication/training grant for a county-wide
videoconferencing system. The County was awarded this grant; however the County Chief
denied the grant because further research suggested a far less expensive and complicated
option that did not require the funds from a grant. The second AFG is for a Heavy Rescue
apparatus ($550,000). The City is waiting to hear on the grant award.
Staffing for Adequate Fire and Emergency Response (SAFER) Grants - The City did not
apply because these are either hiring/re-hiring grants, which the City has not demonstrated an
interest in pursuing and are for the support of volunteer firefighters which the City does not
utilize.
Community Policing Grant - The City did not apply for this grant because our status as an
affluent community and number of community policing initiatives makes Palo Alto
uncompetitive for these grants.
Small Community Air Service Development Grant – The City was not eligible for this grant
WaterSmart Grant for Water Reclamation - The City did not apply for this grant because the
recycled water project, which Palo Alto is a partner in, is in the CEQA stage and is not currently
an authorized water reclamation project. The project in its current stage is not eligible for a
WaterSmart grant.
Brownsfield Cleanup Grants
Over the course of the next year, VSA and City departments will more closely coordinate efforts
to ensure that all appropriate grant opportunities are vigorously pursued. We will track more
closely the grant opportunities the City pursues, seeking congressional letters of support when
appropriate and arranging debriefings from agencies when applications are not successful.
Additionally, priority projects and programs in the City can sometimes be funded without a
competitive grant process after an agency is aware of local needs and expertise that match a
specific federal objective. These opportunities will be incorporated into visits by City officials to
the Hill and federal agencies.
Post Office Acquisition
Early in 2012, after the United States Postal Service (USPS) announced its intent to dispose of
certain properties, the City Council expressed its interest in acquiring the postal facility on
Hamilton Avenue. After coordinating with staff on the status of the application, VSA contacted
the congressional committees with jurisdiction over the USPS to ascertain the process for
disposal of these properties. VSA also met with senior officials at the USPS to confirm that
there was no formal moratorium on the disposal of urban postal facilities. We will continue to
Attachment B. Federal Legislative Program
6
coordinate advocacy efforts on this acquisition application and its status, taking advantage of the
USPS interest in excess property disposal.
Tier II Priorities
Stormwater Regulations and Waters of the U.S. Guidance
The City closely monitored development of these two initiatives by Environmental Protection
Agency (EPA). Stormwater regulations scheduled for release last December were postponed
until June 2013. Early drafts of this proposed regulation indicate that stormwater management
costs could significantly increase in Palo Alto with the eventual requirement of attaining numeric
effluent limits, mandatory best management practices such as pervious pavement and on-site
management for new construction, and enforceable schedules to retrofit existing development.
In a related matter, EPA has been contemplating new guidance to define waters of the U.S.
subject to federal permitting requirements. Early drafts of the guidance allow for broad new
categories of waters and discharges to be subject to more rigorous regulation, including all runoff
into the municipal storm sewer system, recharge and settling basins, all ditches and channels, and
water reuse facilities. Final guidance is pending at the Office of Management and Budget and
further action has been postponed until sometime this year.
Transportation Funding
To the surprise of many, in July Congress completed action on a two-year transportation
authorization bill. Senator Boxer was the leading advocate for a bill, as the Environment and
Public Works Committee, which she chairs, drafted and approved a bipartisan bill last year,
known as MAP-21. As the bill progressed to consideration by the full Senate, VSA worked with
City officials, drafting letters for the City to send and offering suggestions for Council Members
to contact Senators Boxer and Feinstein, asking that they support amendments to restore funding
for alternative transportation programs. Unfortunately, as the Senate sought to streamline and
consolidate federal programs, the federal mandate for dedicated funding for bike and pedestrian
activities was substantially diluted from the final bill. However, because MAP-21 is only a two-
year bill, the next Administration and Congress must begin work next year on a new
transportation bill, affording the City an opportunity to express its support for bike/pedestrian
funding.
Budget Sequestration
Early in 2013, Congress approved The American Taxpayer Relief Act of 2012 (ATRA), which
was a partial resolution to the budget issues facing the federal government at the end of last
year. It is only partial because it addressed the tax issues and did not address the debt limit or
complete the FY 2013 appropriations process, which were also pending at the time.
Tax Provisions. ATRA focused largely on personal income tax rates, for example, by making
permanent the middle class tax cuts enacted first by President George W. Bush. Of interest to
the City, ATRA established caps on tax deductions and credits for individuals with incomes over
$400,000 and $450,000 for couples. This phase-out will impact upper income individuals who
might acquire municipal bonds, due to the limitations on the deductibility of the interest from
those bonds. This step could be viewed as the “camel’s nose under the tent,” as other proposals
Attachment B. Federal Legislative Program
7
that might be considered in 2013 would eliminate municipal tax exempt bonds entirely. The City
sent a letter to the congressional delegation expressing opposition to limitations on tax exempt
bonds.
Spending Provisions. The American Taxpayer Relief Act of 2012 also delayed effective date of
the FY 2013 budget sequestration by two months, or until the end of February 2013. To offset
approximately $24 billion in foregone savings, Congress chose to increase revenue by $12
billion and cut spending by $12 billion. This spending cut will be spread over two years, so that
$4 billion will be cut in the last half of FY 2013 and $8 billion will be reduced from FY 2014
spending. The FY 2013 cuts will likely be included in the final FY 2013 appropriations bills,
which Congress must complete by the end of March.
Attachment C. 2013 State Legislative Program
1
State of California
The California State legislature convened the 2013-14 regular session on December 3, 2012 with
historic supermajorities, with 29-40 seats in the Senate, and 55 of 80 in the Assembly. However,
democrats will lose their supermajority in the House in late August due to a number of vacancies
and special elections, and will not have an opportunity to get it back until late August. The
democratic supermajorities mark a dramatic shift in the balance of power in the Capitol.
On January 10, 2012, Governor Jerry Brown released his 2014 budget to the legislature.
Despite recent projections from the Legislative Analyst’s Office (LAO) that the state would face
a $1.9 billion deficit, the Governor is projecting a balanced budget with a surplus of $167 million
this year. The state’s brighter fiscal picture, according to Governor Brown, is the result of a
combination of spending cuts, primarily to health and human services, corrections and education,
realignment of some responsibilities from the state to local governments, elimination of
redevelopment agencies, reduction in the state’s workforce, and the passage of proposition 30.
A number of risks that could significantly impact the state’s fiscal conditions going forward are
identified in the Governor’s budget. These include: actions at federal level to address the federal
government’s deficit, 2) state’s uncertain economic recovery, 3) potential cost increases to the
state resulting from the implementation of the Affordable Care Act of 2010.
The Governor’s budget proposes additional money for K-12 schools and higher education,
largely driven by the new revenues from Proposition 30 and the public education spending
guarantee in proposition 98, and restrains growth in most other programs. It also recommends
allocating $4.2 billion to begin reducing the “Wall of Debt.” The Governor’s wall of debt
consists of loans, deferrals, and other budgetary obligations that have accumulated over the last
decade and is estimated to be at $35 billion.
Notably, the Governor’s budget also indicates that the Administration will release a Five-Year
Infrastructure Plan later this year. The plan is anticipated to outline the Administration’s
priorities for the state’s major infrastructure programs, including High Speed Rail and other
transportation programs, water and natural resources, and education. The budget indicates that
given the state’s increased general fund debt burden, the plan will place less reliance on future
voter-authorized general obligation bonds.
2013 State Legislative Priorities
For the City’s 2013 state legislative program, the priority areas are:
1. Track League-supported bills and evaluate their application to the City. See the LOCC’s
current Summary of Existing Policy and Guiding Principles here Summary of Existing Policy
and Guiding Principles.
2. Follow the progress of ballot measures intended to revise various State-level budget and
governance reforms and determine impacts to City of Palo Alto.
Attachment C. 2013 State Legislative Program
2
3. Monitor the development of the State budget and take positions to support or oppose
proposals depending on the impact to Palo Alto, particularly as they relate to the taking or
borrowing of local revenues.
4. For the 2013 California Legislative Session, closely monitor legislation that may be
introduced that affects funding to local governments including, but not limited to Transit
Occupancy Tax, Utility User Tax, and Gas Tax, and State’s vehicle License Fee.
5. Coordinate with and support the Utilities Department Legislative Program, which preserves
and enhances local flexibility in the control and oversight of matters impacting utility
programs and rates for City customers. See Utilities 2013 Legislative Policy Guidelines
included as Exhibit 1.
6. Coordinate with and support the High Speed Rail legislative program and advocate to
monitor and support State rail legislative activity.
7. Advocate for the continued funding of local first responder public safety grants for police,
fire, public works, utilities, emergency management, and related facilities and capabilities
and continued funding of Emergency Management Performance Grants and the Urban Area
Security Initiative (UASI). Monitor initiatives related to regional planning, radio
interoperability, and data sharing.
8. Monitor statewide bag and plastic foam ban legislation, and pharmaceutical collection
legislation.
9. Monitor SB375, and potential legislative related to the Regional Housing Needs Assessment
(RHNA).
10. Monitor legislation regarding CEQA reform and take appropriate positions on legislation.
11. Coordinate with Assembly Member Gordon’s Office on request to regulators to postpone
landfill capping requirements.
12. Work with CalPERS on interpretations of new pension reform regulations and build
coalitions with the League or other partners as appropriate.
Exhibit 2 provides a list of the City’s current bills of interest (at the time this staff report was
prepared) that the City is tracking in coordination with Departments, the Utilities Legislative
staff and the City’s Rail Advocate. Several bills on bag legislation and lower voter threshold
have also been introduced that the City is closely monitoring.
There is significant legislative activity at this time. As bills are being heard and modified, staff is
actively monitoring changes and evaluating their application to the City. Staff is regularly
updating this list and will provide periodic reports to Council. The Council may also refer bills to
staff at any time for further analysis.
2012 Legislative Activities
2012 brought a renewed focus on legislative activities for the City as dedicated staff was hired
(filling a former vacancy) to coordinate City activities. In 2012, the Council reviewed an
updated the City’s legislative guiding principles and program manual, as well as identified
federal and state priorities. The City Manager’s office established a Legislative Team with
representatives from each department and met monthly with the City’s federal lobbyist and high
speed rail and utilities legislative leads to coordinate information and activities. In addition, staff
initiated use of a legislative tracking system in 2012 called CapitolTrack enabling the City to
Attachment C. 2013 State Legislative Program
3
find and track bills of interest, stay up to date on important bills. In addition, staff provided
legislative updates to Council with regular legislative briefs.
The City advocated for or against a number of bills in 2012 including AB 2231 (sidewalk
repairs), AB 904 (parking requirements), SB1029 (High Speed Rail), SB1222 (solar energy), and
SB1002 (public records). Notably, the City worked closely with the author of SB1002 (Yee) and
Assembly Member Gordon regarding public records, provided technical assistance to the
League, and briefed the Governor’s Office in the event that the bill made it to his desk. The bill
was amended on Aug. 20 to require the State CIO to conduct a study to determine the feasibility
of providing electronic records in an open format.
Also new this year, on January 24, 2013 staff met with Assembly Member Gordon to explore
potential legislation for the 2013 state legislative session. The topics discussed were approved
by the Council at its meeting on January 22, 2013 and included clean-up and clarifications to the
2012 Public Employee Pension Reform Act (PEPRA), extension of the City’s landfill capping
requirements, CEQA reform, State’s Housing Element Process and Allocation, and 3) some form
of dedicated funding for Caltrain. While the meeting did not result in introducing any potential
bill language in 2013, staff will continue to work with our legislators and update Council.
High Speed Rail
City of Palo Alto staff, in conjunction with the City Council, City Council Rail Committee, and
the City’s state legislative advocate for rail related issues, the Professional Evaluation Group
(PEG), has been closely tracking legislation as it relates to California high-speed rail (HSR) and
Caltrain. In July of 2012 SB 1029 was signed into law and authorized the sale of bonds for the
initial construction segment (ICS) of HSR in the California Central Valley. Additionally, SB
1029 provides funding for improvements in the commuter rail corridors in northern and southern
California which will one day have both commuter and HSR service operating in them, referred
to as the system “Bookends.”
Therefore, staff has focused their legislative efforts for rail on two fronts.
The first is ensuring that proposed “clean-up” legislation for SB 1029 contains the
clarifying language necessary to ensure that what was promised when SB 1029 was
passed is what ultimately occurs. Examples of this include clarifying in legislation that
all CHSRA funding allocations now and in the future are limited to a two-track system
(plus necessary passing tracks) for the San Francisco to San Jose segment, that the
CHSRA will not construct a four-track system, that Caltrain is the lead agency for the
San Francisco to San Jose segment, and that Bookend funding is not transferred to the
Central Valley. Staff feels this clean-up legislation is the best option at the time for
ensuring that what was promised is delivered and is currently in the process of reviewing
draft clean-up legislation with both PEG and the City Council Rail Committee.
The second front where staff has focused their legislative efforts is ensuring that no
changes are made to the California Environmental Quality Act (CEQA) that in any way
jeopardize, modify, or exempt the California High Speed Rail Authority (CHSRA), or
any other managing body, from the environmental review currently prescribed by law. It
Attachment C. 2013 State Legislative Program
4
is well known by those tracking state legislation that Governor Brown is having private
discussions with legislative leadership about how CEQA might be reformed. City rail
staff recognizes that CEQA is not perfect but is very concerned with any revisions to
CEQA at the present time because of the impacts such revisions could have on the
environmental review and oversight of HSR. Therefore, staff and PEG are closely
monitoring the environment in Sacramento on this issue despite the fact that currently
there have not been any draft revisions released for public review. When proposed
revisions to CEQA are released to the public for review staff will work to quickly inform
policymakers of their implications and execute the City’s response.
Exhibit 1. Utilities 2013 Legislative Policy Guidelines
Exhibit 2. State Bills of Interest (as of March 25, 2013)
Exhibit 1
Utilities’ Legislative Policy Guidelines for 2013
Advocacy positions taken in alignment with these guidelines will be subject to the approval of the
Utilities Director or City Manager as per the City’s legislative advocacy process
ALL UTILITIES
Goals
1. Preserve/enhance local accountability in the control and oversight of matters impacting utility
programs and rates for our customers while balancing statewide climate protection goals.
2. Support efforts to maintain or improve the reliability of the supply, transmission, storage and
distribution/collection infrastructures.
3. Support legislation that makes bold progress in cost effectively reducing greenhouse gas (GHG)
emissions, and recognizes early voluntary action.
4. Maintain the City of Palo Alto Utilities’ (CPAU’s) ability to provide safe, reliable, sustainable, and
competitively‐priced utility services.
Legislative Policy Guidelines Venue Goals
1. Local
Accountability
2. Reliability
&
Infrastructure
3. Climate
Protection
4. Service
& Cost
Control
1. Advocate goals through active
participation in joint action efforts.
Federal,
State, and
Regional
2. Communicate the City’s record on
environmental and energy efficiency
programs with Legislature, California
Energy Commission (CEC), California
Air Resources Board (CARB), and
Natural Resources Defense Council
(NRDC) via California Municipal
Utilities Association (CMUA),
Northern California Power Agency
(NCPA), and the Bay Area Water
Supply and Conservation Agency
(BAWSCA).
State
Utilities Legislative Policy Guidelines for 2013
Page 2 of 13
1. Local
Accountability
2. Reliability
&
Infrastructure
3. Climate
Protection
4. Service
& Cost
Control
3. Support legislation that will result in
the most cost‐effective reduction of
GHG emissions, recognition of early
action, and inclusion of more efficient
solutions, fuel switching, and demand
control programs, in integrated
resource plans.
Federal,
State, and
Regional
4. Promote utility legislation and
regulations that support reasonable
reliability standards and compliance
requirements, and effective and
consistent reporting requirements,
customer communications, and goal‐
setting.
Federal,
State, and
Regional
Reliability
Councils
5. Oppose cost shifts from Federal or
State budgets and California Public
Utilities Commission (CPUC)
jurisdictional utilities through active
participation in CMUA and NCPA
legislative activities.
Federal,
State, and
CPUC
6. Advocate for State and Federal grants
for local and regional applications of
energy efficiency, conservation,
renewable resources, fiber,
wastewater collection systems and
recycled water projects.
Federal
and State
7. Maintain right of way access for utility
infrastructure.
Federal
and State
8. Protect the value of existing assets
and contracts and local regulatory
approvals of same.
Federal
and State
Utilities Legislative Policy Guidelines for 2013
Page 3 of 13
ELECTRIC
Goals
1. Preserve/enhance the ability of municipal utilities to exercise local accountability and oversight over
matters impacting customer service, programs (such as demand side efficiency and conservation
programs), and rate structure.
2. Preserve/enhance the reliability and security of infrastructure.
3. Support legislation that makes bold progress in cost effectively reducing greenhouse gas emissions
and encourages early voluntary action.
4. Preserve just and reasonable utility rates/bills.
Legislative Policy Guidelines Venue Goals
1. Local
Accountability
2.
Reliability
3. GHG
Reduction
4. Cost
Control
1. Advocate goals through Northern California Power
Agency (NCPA), California Municipal Utilities
Association (CMUA), American Public Power
Association (APPA), Transmission Agency of
Northern California (TANC), and Bay Area
Municipal Transmission Group (BAMx) with
support from Palo Alto staff to speak with a
coordinated voice.
Federal
and
State
2. Support NCPA in its continued efforts to
streamline the state regulatory reporting
responsibilities, to eliminate duplicative data and
report submittals to multiple state regulatory
agencies, including the CEC, CARB, and the
California Independent System Operator (CAISO).
State
3. Advocate for legislation/regulations that provide
local control and support for:
cost‐effective clean distributed generation and
cogeneration projects, and standards for
connecting such resources to the local
distribution system;
cost‐effective electric efficiency programs;
implementation of renewable portfolio
standards;
cost‐effective storage integration;
direct access requirements;
smart meters and smart grid design and
implementation, and
public benefit funds (as allowed in AB1890
(1996)).
Federal
and
State
Utilities Legislative Policy Guidelines for 2013
Page 4 of 13
1. Local
Accountability
2.
Reliability
3. GHG
Reduction
4. Cost
Control
4. Support cap‐and‐trade market designs that:
protect consumers from the exercise of market
power;
allocate allowances that help mitigate impacts
to Palo Alto customers while providing
incentives for utilities to move to lower GHG
emission portfolios;
provide flexible compliance mechanisms such
as banking and borrowing of allowances; and
allocate funds generated from cap‐and‐trade
markets to GHG related activities, not as a
revenue source for state or federal general
funds.
Federal
and
State
5. Support legislation for renewable portfolio
standards that:
promote the 33% goal for the state;
maintain local compliance authority;
allow utilities to pursue low cost alternatives by
utilizing existing transmission system to access
out‐of‐state resources, including use of
Renewable Energy Certificates (RECs);
prevent double jeopardy in the assessment of
penalties for non‐compliance; and
restrict extension of CEC jurisdiction over
Publicly Owned Utilities.
Local
and
State
6. Support/encourage transmission, generation, and
demand‐reduction projects and solutions including
advocating for financing or funding
solutions/options for projects that:
enhance/ensure reliability;
ensure equitable cost allocation (including
protection against imposition of state‐owned
electric contract costs on municipal utility
customers);
improve procurement flexibility (e.g. resource
adequacy rules that ensure reliability and
provide flexibility in meeting operational
requirements or flexibility in meeting State
renewable portfolio standards);
improve market transparency (particularly
transparency of IOU’s transmission and
procurement planning and implementation
activities); and
lower the environmental impact on the Bay
Area and the Peninsula.
Local,
State,
and
Federal
Utilities Legislative Policy Guidelines for 2013
Page 5 of 13
1. Local
Accountability
2.
Reliability
3. GHG
Reduction
4. Cost
Control
7. Advocate for Congressional, legislative, or
administrative actions on matters impacting costs
or operations of the Western Area Power
Administration such as:
support of Congressional Field Hearings to
explore modernizing flood control strategies,
river regulation and generation strategies at
Central Valley Project (CVP) plants to enhance
generation, water delivery, flood control and
fisheries;
protection of the status of Western Power
Marketing Administration and cost‐based rates;
provisions for preference customers’ first take
at land available with economic potential for
wind farms;
balancing efforts for competing environmental
improvements in rivers and Delta conditions
with water supply and hydropower impacts;
and
Achieving the grid modernization goals of
Secretary Chu’s March 16, 2012 memo without
compromising the primary mission of Western
and recognizing the achievements already
made in California without adding duplicate
costly efforts.
Federal,
State
and
Regional
8. Advocate for Congressional, legislative, or
administrative actions on matters relating to
overly burdensome reporting and compliance
requirements established by the North American
Reliability Corporation (NERC), the Federal Energy
Regulatory Commission (FERC) or the Western
Electricity Coordinating Council (WECC).
Federal,
State
and
Regional
9. Support fair and reasonable assessment of grid
reliability established by NERC, WECC, or FERC and
seek Congressional remedies (if needed) for
punitive application of fees and fines.
Federal
and
Regional
10. Work with California Independent System
Operator (CAISO) or through FERC:
to give buyers of renewable intermittent
resources relief from imbalance penalties; and
to promote financial and operational changes
that result in timely and accurate settlement
and billing.
Federal
and
State
Utilities Legislative Policy Guidelines for 2013
Page 6 of 13
1. Local
Accountability
2.
Reliability
3. GHG
Reduction
4. Cost
Control
11. Monitor cyber security issues to ensure that CPAU,
which currently does not have critical cyber assets,
is not subject to NERC cyber security standards
and support NCPA to protect it and its member
agencies from unnecessary cyber security
regulations.
Federal
and
Regional
Utilities Legislative Policy Guidelines for 2013
Page 7 of 13
GAS
Goals
1. Preserve/enhance the ability of municipal utilities to develop their own demand side efficiency and
conservation programs, alternative gas supplies, and rate structure.
2. Increase the security and reliability of the gas supply and transmission infrastructure. This includes
retaining access to intra‐ and interstate gas transmission systems to reliably serve customers.
3. Support efforts to reduce greenhouse gas emissions and protect the environment.
4. Preserve just and reasonable utility rates/bills.
Legislative Policy Guidelines Venue Goals
1. Local
Authority
2. Reliability of
Infrastructure
3.
Environ
‐ment
4. Cost
Control
1. Advocate most of these goals mainly
through the American Public Gas
Association (APGA) with minor support
from Palo Alto staff.
Primarily
Federal with
minor advocacy
at State level
2. Work with Northern California Power
Agency (NCPA) and California Municipal
Utilities Association (CMUA) to the extent
that the City’s goals as a gas distributor
align with generators’ use of natural gas.
Federal and
State
3. Support increased production/incentives
for renewable gas supplies from in or out of
state.
Federal and
State
4. Advocate for financing or funding for cost‐
effective natural gas efficiency and solar
water heating end uses.
Federal and
State
5. Support market transparency and efforts to
eliminate market manipulation through
reasonable oversight
Federal
6. Support municipal utilities’ ability to enter
into pre‐pay transactions for gas supplies.
Federal
7. Support efforts to improve pipeline safety.
Work with partners to discourage extension
of CPUC regulatory authority over
municipal gas operations. Oppose
legislative proposals resulting in
unreasonable costs for Palo Alto’s
customers.
Federal and
State
Utilities Legislative Policy Guidelines for 2013
Page 8 of 13
1. Local
Authority
2. Reliability of
Infrastructure
3.
Environ
‐ment
4. Cost
Control
8. Support cap‐and‐trade market designs that:
protect consumers from the exercise of
market power;
allocate allowances that help mitigate
impacts to Palo Alto customers while
providing incentives for natural gas
utilities to move to lower GHG emission
portfolios;
provide flexible compliance mechanisms
such as banking and borrowing of
allowances; and
allocate funds generated from cap‐and‐
trade markets to GHG related activities,
not as a revenue source for state or
federal general funds.
Federal and
State
9. Advocate for the fair application of Clean
Water Act rules and other existing
environmental rules on the practice of
hydraulic fracturing or “fracking” for natural
gas development.
Federal and
State
Utilities Legislative Policy Guidelines for 2013
Page 9 of 13
WASTEWATER COLLECTION
Goals
1. Support ability of municipal utilities to develop and manage their own conservation and efficiency
programs and retain authority over ratemaking, including the imposition of non‐volumetric
customer meter or infrastructure charges for wastewater collection service.
2. Increase the reliability of the local wastewater collection systems.
3. Maintain the provision of an environmentally sustainable, reliable high quality wastewater collection
service at a fair price.
4. Support equal comparisons of wastewater collection systems by regulatory agencies in order to
minimize and reduce onerous, costly and time‐intensive reporting requirements and improve value
and accuracy of information reported to the public.
Legislative Policy Guidelines Venue Goals
1. Local
Authority
2. Reliable
infrastructure
3. Maintain
service
4.Valuable
Reporting
1. Advocate goals through active
participation in the Association of Bay
Area Governments (ABAG).
Local,
Regional
& State
2. Advocate to ensure that legislative
actions regarding the comparison of
wastewater collections systems for future
regulations include the following
requirements:
timely rebuilding of the local
wastewater systems;
maintains the quality of delivered
wastewater collection service;
minimizes any increase in the cost of
wastewater collection service;
creates no additional exposure to
more frequent or severe wastewater
overflows;
supports the existing wastewater
collections systems and their
operation.
Local,
Regional
& State
3. Support provision of sufficient resources
for ABAG to enable it to advocate for:
environmentally sustainable, reliable
wastewater collection service at a fair
price;
regional comparisons of wastewater
collection projects for future state
grant funding.
Local and
Regional
Utilities Legislative Policy Guidelines for 2013
Page 10 of 13
1. Local
Authority
2. Reliable
infrastructure
3. Maintain
service
4.Valuable
Reporting
4. Support infrastructure security and
reliability including equitable allocation of
funds for increasing the security of
infrastructure.
Regional,
and State
5. Advocate for funding and local
regulations for wastewater collections
system projects and requirements that
reduce overflows and improve collection
system efficiency.
Regional,
State and
Federal
Utilities Legislative Policy Guidelines for 2013
Page 11 of 13
WATER
Goals
1. Support ability of municipal utilities to develop and manage their own conservation and efficiency
programs and retain authority over ratemaking, including the ability to optimize volumetric and
fixed charges to balance the goals of revenue certainty and water use efficiency.
2. Increase the security and reliability of the regional water system owned and operated by the San
Francisco Public Utilities Commission (SFPUC).
3. Support efficiency and recycled water programs in order to minimize the use of imported supplies.
4. Maintain the provision of an environmentally sustainable, reliable supply of high quality water at a
fair price.
Legislative Policy Guidelines Venue Goals
1. Local
Authority
2.
Reliable
infrastructure
3.
Minimize
imports
4.
Supplies
at fair
cost
1. Advocate goals through active participation in
the Bay Area Water Supply and Conservation
Agency (BAWSCA) and California Municipal
Utilities Association (CMUA), with support from
Palo Alto staff for BAWSCA and the San
Francisco Bay Area Regional Water System
Financing Authority (RFA).
Local,
Regional
& State
2. Participate in California Urban Water
Conservation Council (CUWCC) Best
Management Practice (BMP) revisions and
development to ensure that aggressive and cost‐
effective efficiency goals are incorporated and
operating proposals are reasonable, achievable,
and cost‐effective.
State
3. Advocate to ensure that legislative actions
regarding the Hetch Hetchy Reservoir and
conveyance system include the following
requirements:
timely rebuilding of the regional water
system;
maintains the quality of delivered water;
minimizes any increase in the cost of water;
creates no additional exposure to more
frequent or severe water shortages;
supports the existing water system and its
operation.
Local,
Regional
& State
Utilities Legislative Policy Guidelines for 2013
Page 12 of 13
1. Local
Authority
2.
Reliable
infrastructure
3.
Minimize
imports
4.
Supplies
at fair
cost
4. Advocate for interpretations or implementation
of Water Code provisions (such as those enacted
by AB 1823 (2002), AB 2058 (2002) and SB 1870
(2002)) that maintain or reinforce the authorities
and protections available to the City and
BAWSCA members outside of San Francisco.
Local,
Regional
and
State
5. Support provision of sufficient resources for
BAWSCA to enable it to advocate for:
an environmentally sustainable, reliable
supply of high quality water at a fair price;
preservation of Palo Alto’s existing
contractual water allocation and
transportation rights on the SFPUC Hetch
Hetchy system;
regional planning for conservation, recycled
water, and other water supply projects.
Local
and
Regional
6. Advocate for:
actions that preserve Palo Alto’s existing
contractual rights
supporting actions that preserve local
control over water use and limit
encroachment from outside jurisdictions
Local
and
Regional
7. Support infrastructure security and reliability
including an interconnection between the
SCVWD West Pipeline with the SFPUC’s Bay
Division Pipelines 3 and 4.
Regional
and
State
8. Support notification requirements that aid
residents/customers but do not inflict undue or
unobtainable requirements on the utility.
State
9. Support local control of public benefit funds
funding levels and program design.
State
10. Support beneficiary pays methodologies to
prevent taxes or fees, in particular those
imposed on SFPUC customers, to fund
infrastructure improvements and costs of other
water sources such as the Delta.
State
11. Advocate for financing or funding for water
conservation programs and recycled water
projects that meet end‐use needs and conserve
potable water and oppose legislation that would
reduce such funding.
State,
Regional
and
Federal
Utilities Legislative Policy Guidelines for 2013
Page 13 of 13
1. Local
Authority
2.
Reliable
infrastructure
3.
Minimize
imports
4.
Supplies
at fair
cost
12. Support infrastructure security and reliability
that includes equitable allocation of funds for
increasing the security of infrastructure and that
protects the City from unnecessary regulations.
Local,
State
and
Federal
City of Palo Alto Legislative Bills of Interest
3/25/2013
Total Measures: 41
Total Tracking Forms: 41
Community Services Department
Bill Summary Latest Action
AB 265
Gatto D
Local government liability: dog parks.
Would provide that a city, county, city and county , or special district that
owns or operates a dog park shall not be held liable for any injury or death
suffered by any personor pet resulting solely from the actions of a dog in the
dog park.
3/13/2013:
Re-referred to
Com. on JUD.
Planning and Community Environment
Bill Summary Latest Action
AB 5
Ammiano D
Homelessness.
Would enact the Homeless Person's Bill of Rights and Fairness Act, which
would provide that no person's rights, privileges, or access to public services
may be denied or abridged because he or she is homeless, has a low income,
or suffers from a mental illness or physical disability. The bill would provide
that every person in the state, regardless of actual or perceived housing
status, income level, mental illness, or physical disability, shall be free from
specified forms of discrimination and shall be entitled to certain basic human
rights, including the right to be free from discrimination by law enforcement,
in the workplace, while seeking or maintaining housing or shelter, and while
seeking services. This bill contains other related provisions and other existing
laws.
1/24/2013:
Referred to Com.
on JUD.
AB 745
Levine D
Land use: housing element.
Would authorize a city or county to request the appropriate council of
governments to adjust a density to be deemed appropriate if it is inconsistent
with the city's or county's existing density.
3/4/2013:
Referred to
Coms. on H. &
C.D. and L. GOV.
AB 1229
Atkins D
Land use: zoning regulations.
The Planning and Zoning Law authorizes the legislative body of any city or
county to adopt ordinances regulating zoning within its jurisdiction, as
specified. This bill would additionally authorize the legislative body of any city
or county to adopt ordinances to establish, as a condition of development,
inclusionary housing requirements, as specified, and would declare the intent
of the Legislature in adding this provision. The bill would also make a
technical, nonsubstantive change.
3/7/2013:
Referred to
Coms. on H. &
C.D. and L. GOV.
SB 510
Jackson D
Land use: subdivisions: rental mobilehome park conversion.
Would provide that the local agency is required to consider the results of the
support of residents of the mobilehome park in making its decision to
approve, conditionally approve, or disapprove the map, and that the agency
is authorized to disapprove the map if it finds that the results of the survey
have not demonstrated the support of at least a majority of the park's
homeowners. This bill would provide that local legislative bodies may enact
local regulations to implement the survey requirements. This bill contains
other related provisions.
3/19/2013:
Set for hearing
April 23.
Public Works Department
Bill Summary Latest Action
SB 7
Steinberg D
Public works: charter cities.
Would prohibit a charter city from receiving or using state funding or
financial assistance for a construction project if the city has a charter
provision or ordinance that authorizes a contractor to not comply with
prevailing wage provisions on any public works contract. The bill would,
except as specified, prohibit a charter city from receiving or using state
funding or financial assistance for a construction project for up to 2 calendar
years if the city has, after January 1, 2014, awarded a public works contract
without requiring the contractor to comply with prevailing wage provisions.
This bill would require the Director of Industrial Relations to maintain a list of
charter cities that may receive and use state funding and financial assistance
for their construction projects.
3/22/2013:
Set for hearing
April 8.
SB 525
Galgiani D
California Environmental Quality Act: exemptions.
Current law exempts certain activities from The California Environmental
Quality Act CEQA, including a project for the institution or increase of
passenger or commuter services on rail or highway rights-of-way already in
use, including modernization of existing stations and parking facilities. This
bill would provide that a project by the San Joaquin Regional Rail
Commission and the High-Speed Rail Authority to improve the existing
tracks, structure, bridges, signaling systems, and associated appurtenances
located on the existing railroad right-of-way used by the Altamont Commuter
Express service qualifies for this exemption from CEQA.
3/11/2013:
Referred to Com.
on E.Q.
SB 557
Hill D
High-speed rail.
Would specify that of the $1,100,000,000 appropriated for early high-speed
rail improvement projects in the Budget Act of 2012, $600,000,000 and
$500,000,000 shall be allocated solely for purposes of specified memoranda
of understanding approved by the High-Speed Rail Authority for the
Metropolitan Transportation Commission region and the southern California
region, respectively. This bill contains other related provisions.
3/11/2013:
Referred to Com.
on T. & H.
SB 731
Steinberg D
Environment: California Environmental Quality Act and sustainable
communities strategy.
Would state the intent of the Legislature to enact legislation revising CEQA
to, among other things, provide greater certainty for smart infill
development, streamline the law for specified projects, and establish a
threshold of significance for specified impacts. This bill contains other related
provisions and other existing laws.
3/11/2013:
Referred to Com.
on RLS.
Utilities Department
Bill Summary Latest Action
AB 7
Wieckowski D
Oil and gas: hydraulic fracturing.
Would define, among other things, hydraulic fracturing and hydraulic
fracturing fluid. The bill would require an operator of a well to record and
include all data on hydraulic fracturing treatment, including the risk posed by
potential seismicity, as a part of the history of the drilling of the well. The bill
would require DOGGR, in consultation with the Department of Toxic
Substances Control, the State Air Resources Board, and the State Water
Resources Control Board, on or before January 1, 2014, to adopt rules and
regulations specific to hydraulic fracturing, including governing the
construction of wells and well casings and full disclosure of the composition
and disposition of hydraulic fracturing. This bill contains other related
provisions and other existing laws.
1/14/2013:
Referred to Com.
on NAT. RES.
AB 29
Williams D
Proposition 39: implementation.
Would require the California Energy Commission to administer, in
coordination with the Public Utilities Commission, the Office of the President
of the University of California, the Office of the Chancellor of the California
State University, and the Office of the Chancellor of the California Community
Colleges, grants, loans, or other financial assistance to the University of
California, the California State University, and the California Community
Colleges for projects that create jobs in California by reducing energy
demand and consumption at eligible institutions. This bill contains other
related provisions.
3/20/2013:
Re-referred to
Com. on NAT.
RES.
AB 39
Skinner D
Proposition 39: implementation.
Would require the State Energy Resources Conservation and Development
Commission (Energy Commission) to administer grants, loans, or other
financial assistance to an eligible institution, defined as a public school
providing instruction in kindergarten or grades 1 to 12, inclusive, for the
purpose of projects that create jobs in California by reducing energy demand
and consumption at eligible institutions. This bill would require the Energy
Commission to establish a prescribed system to prioritize eligible institutions
for these grants, loans, and other financial assistance, in consultation with
the Superintendent of Public Instruction. This bill contains other related
provisions.
2/28/2013:
Re-referred to
Com. on NAT.
RES.
AB 114
Salas D
Proposition 39: implementation.
Would require the Employment Development Department, using funds made
available from the Clean Energy Job Creation Fund for job training and
workforce development purposes, to administer grants, no-interest loans, or
other financial assistance for allocation to existing workforce development
programs for the purposes of creating green energy jobs in California. The bill
would require the California Conservation Corps, certified community
conservation corps, YouthBuild, and other existing workforce development
programs to give higher priority to disadvantaged youth and veterans who
reside in an economically disadvantaged community or in a community with a
higher unemployment rate than the statewide unemployment rate. The bill
would make legislative findings and declarations.
2/28/2013:
Referred to
Coms. on NAT.
RES. and U. & C.
AB 122
Rendon D
Energy: energy assessment: nonresidential buildings: financing.
Would enact the Nonresidential Building Energy Retrofit Financing Act of
2013 and would require the commission to establish the Nonresidential
Building Energy Retrofit Financing Program and to develop a request for
proposal for a third-party administrator by July 1, 2014 , to develop and
operate the program to provide financial assistance, through authorizing the
issuance of, among other things, revenue bonds, to owners of eligible
nonresidential buildings for implementing energy improvements for their
properties. This bill contains other related provisions and other existing
laws.
3/20/2013:
Re-referred to
Com. on B. & F.
AB 142
Perea D
Safe, Clean, and Reliable Drinking Water Supply Act of 2012.
Current law creates the Safe, Clean, and Reliable Drinking Water Supply Act
of 2012, which, if approved by the voters, would authorize the issuance of
bonds in the amount of $11,140,000,000 pursuant to the State General
Obligation Bond Law to finance a safe drinking water and water supply
reliability program. This bill would require a state department that expends
moneys in grants or other expenditures from the bond act to provide
information to the Treasurer within a specified time period including the total
amount of moneys spent on each project or program, the specific location of
the project, and a detailed description of the project. This bill contains other
related provisions.
3/20/2013:
Re-referred to
Com. on W.,P. &
W.
AB 145
Perea D
State Water Resources Control Board: drinking water.
Would transfer to the State Water Resources Control Board the various
duties and responsibilities imposed on the State Department of Public Health
by the California Safe Drinking Water Act. This bill contains other related
provisions and other existing laws.
1/31/2013:
Referred to
Coms. on W.,P. &
W. and E.S. & T.M.
AB 288
Levine D
Oil and gas: hydraulic fracturing.
Would define "hydraulic fracturing" and require the operator of a well, at
least 30 days prior to any hydraulic fracturing operations, to file with the
State Oil and Gas Supervisor or the district deputy a written notice of
intention, as specified, to commence hydraulic fracturing. The bill would also
prohibit any hydraulic fracturing operations until written approval is given by
the supervisor or district deputy and would require the supervisor or district
deputy to notify the operator of the approval or denial of the notice within 10
working days after the notice is submitted. This bill contains other related
provisions and other existing laws.
2/21/2013:
Referred to Com.
on NAT. RES.
AB 416
Gordon D
State Air Resources Board: Local Emission Reduction Program.
Would create the Local Emission Reduction Program and would require
money to be available from the General Fund, upon appropriation by the
Legislature, for purposes of providing grants and other financial assistance
to develop and implement greenhouse gas emissions reduction projects in
the state. The bill would require the state board, in coordination with the
Strategic Growth Council, to administer the program, as specified .
3/21/2013:
From committee
chair, with
author's
amendments:
Amend, and re-
refer to Com. on
NAT. RES. Read
second time and
amended.
AB 613
Hueso D
Water: water reclamation.
The Water Recycling Law provides that a person recycling water or using
recycled water in violation of specific provisions, after the violation has been
called to the attention of that person in writing by the regional board, is
guilty of a misdemeanor, as specified. This bill would make technical,
nonsubstantive changes to the provision.
2/21/2013:
From printer.
May be heard in
committee March
23.
AB 669
Stone D
Oil and gas: drilling.
Would require the well operator prior to drilling operations to submit proof
to the State Oil and Gas Supervisor that the applicable regional water quality
control board has approved the method and location of wastewater disposal
for the well.
3/4/2013:
Referred to Com.
on NAT. RES.
AB 719
Hernández,
Roger D
Energy: energy efficiency.
Would require an electrical corporation as part of the Public Utilities Act's
energy efficiency targets to replace low-efficiency light bulbs with high-
efficiency light bulbs in street light poles that the electrical corporation owns,
at the same rate as the city, county, or city and county in which any of the
electrical corporation' s street light poles are located or at the highest rate of
an adjacent city or county if the street light poles are located in a city or
county that does not own any street light poles. This bill would state the
intent of the Legislature that this program be funded through existing
collection mechanisms, and that the implementation of this program not
result in an increase in any amount collected. This bill contains other related
provisions and other existing laws.
3/4/2013:
Referred to Com.
on U. & C.
AB 982
Williams D
Oil and gas: hydraulic fracturing.
Would define "hydraulic fracturing." The bill would also require any notice of
intent to drill, rework, or deepen a well where hydraulic fracturing will occur
to include a groundwater monitoring plan for review and approval by the
supervisor and the appropriate regional water quality control board, which
would contain specific information relating to groundwater, water quality,
and the monitoring of wells and water quality. The bill would further require
any notice of intent to provide specific information regarding the amount of
water, the source of the water, and the method of disposal of produced
wastewater during hydraulic fracturing operations.
3/7/2013:
Referred to Com.
on NAT. RES.
AB 1014
Williams D
Energy: electrical corporations: Shared Renewable Energy Self-Generation
Program.
Would repeal the local government renewable energy self-generation
program and enact the Shared Renewable Energy Self-Generation Program.
The program would authorize a retail customer of an electrical corporation
(participant) to acquire an interest, as defined, in a shared renewable energy
facility, as defined, for the purpose of receiving a bill credit, as defined, to
offset all or a portion of the participant's electricity usage, consistent with
specified requirements. This bill contains other related provisions and other
existing laws.
3/21/2013:
Referred to Com.
on U. & C. From
committee chair,
with author's
amendments:
Amend, and re-
refer to Com. on
U. & C. Read
second time and
amended.
AB 1251
Gorell R
Water quality: stormwater.
Would require the Secretary for Environmental Protection to convene a
stormwater task force to review, plan, and coordinate stormwater-related
activity to maximize regulatory effectiveness in reducing water pollution. The
bill would require the task force to meet on a quarterly basis. This bill
contains other related provisions.
3/11/2013:
Referred to Com.
on E.S. & T.M.
AB 1259
Olsen R
Sacramento-San Joaquin Valley.
Current law requires each city and county within the Sacramento-San
Joaquin Valley, within 24 months of the adoption of the Central Valley Flood
Protection Plan, to amend its general plan to include specified data, policies,
and implementation measures. The city or county is also required, within 36
months of the adoption of the Central Valley Flood Protection Plan, but not
more than 12 months after the amendment of its general plan, to amend its
zoning ordinance to be consistent with the general plan, as amended. This
bill would include, among the findings that exempt a city or county from the
above-described prohibition and requirement, a finding that property in an
undetermined risk area has met the urban level of flood protection based on
substantial evidence in the record. This bill contains other existing laws.
3/21/2013:
Referred to Com.
on W.,P. & W.
From committee
chair, with
author's
amendments:
Amend, and re-
refer to Com. on
W.,P. & W. Read
second time and
amended.
AB 1295
Hernández,
Roger D
Public utilities: renewable energy: community renewables option.
Would require an electrical corporation and a local publicly owned electric
utility to include provisions in its tariff and addenda to a standard contract or
allow an electrical generation facility, as defined, to participate in the
community renewables option that would allow the facility to assign the
payment by the electrical corporation or a local publicly owned electric utility
due to that facility to a subscribing customer, as defined, in the form of a bill
credit. The bill would, on and after January 1, 2016, require the Public Utilities
Commission and the governing board of the local publicly owned electric
utility to evaluate the demand for the community renewables option. This bill
contains other related provisions and other existing laws.
3/21/2013:
Referred to Com.
on U. & C. From
committee chair,
with author's
amendments:
Amend, and re-
refer to Com. on
U. & C. Read
second time and
amended.
AB 1375
Chau D
California Global Warming Solutions Act of 2006: market-based compliance
mechanisms: Clean Technology Investment Account.
Would create the Clean Technology Investment Account within the
Greenhouse Gas Reduction Fund and would require the Legislature to
annually appropriate money from the Greenhouse Gas Reduction Fund into
the Clean Technology Investment Account. This bill would make the funds
available for the research, development, and deployment of the above-
described Global Warming Solutions Act programs and projects while
creating jobs and reducing greenhouse gas emissions.
3/21/2013:
Referred to Com.
on NAT. RES.
From committee
chair, with
author's
amendments:
Amend, and re-
refer to Com. on
NAT. RES. Read
second time and
amended.
AB 1406
Committee on
Utilities and
Commerce
Energy: renewable energy resources.
Current law establishes the California Renewables Portfolio Standard
Program, which requires the Public Utilities Commission to implement annual
procurement targets for the procurement of eligible renewable energy
resources, as defined, for all retail sellers, as defined, to achieve the targets
and goals of the program. This bill would make a technical, nonsubstantive
change to the program's legislative findings and declarations.
3/14/2013:
From printer.
May be heard in
committee April
13.
AB 1407
Committee on
Utilities and
Commerce
Public utilities: resource adequacy requirement.
Under current law, the Public Utilities Commission has regulatory authority
over public utilities, including electrical corporations. Current law requires
the commission, in consultation with the Independent System Operator to
establish resource adequacy requirements for all load-serving entities to
achieve specified objectives. This bill would make technical, nonsubstantive
changes to that provision.
3/14/2013:
From printer.
May be heard in
committee April
13.
SB 4
Pavley D
Oil and gas: hydraulic fracturing.
Would define the terms hydraulic fracturing and hydraulic fracturing fluid.
The bill would require the Secretary of the Natural Resources Agency, on or
before January 1, 2015, to cause to be conducted an independent scientific
study on hydraulic fracturing treatments. The bill would require the Division
of Oil, Gas, and Geothermal Resources, on or before January 1, 2015, to adopt
rules and regulations specific to hydraulic fracturing, including governing the
construction of wells and well casings and full disclosure of the composition
and disposition of hydraulic fracturing. The bill would require the division to
perform random periodic spot check investigations during hydraulic
fracturing treatments, as specified. Because a violation of this bill would
create a new crime, it would impose a state-mandated local program. This bill
contains other related provisions and other existing laws.
3/13/2013:
Set for hearing
April 9.
SB 36
Rubio D
Safe, Clean, and Reliable Drinking Water Supply Act of 2012.
Would declare the intent of the Legislature to amend the Safe, Clean, and
Reliable Drinking Water Supply Act of 2012 for the purpose of reducing the
amount of the $11,140,000,000 bond.
1/10/2013:
Referred to Com.
on RLS.
SB 39
De León D
Energy: school facilities: energy efficiency upgrade projects.
Would enact the Clean Energy Employment and Student Advancement Act of
2013 and would require the Office of Public School Construction , in
consultation with the State Energy Resources Conservation and
Development Commission and the Public Utilities Commission, to establish a
school district assistance program to distribute grants, on a competitive
basis, for energy efficiency upgrade projects pursuant to the California Clean
Energy Jobs Act. This bill contains other related provisions.
3/21/2013:
From committee
with author's
amendments.
Read second time
and amended.
Re-referred to
Com. on ED.
SB 40
Pavley D
Safe, Clean, and Reliable Drinking Water Supply Act of 2012.
Would change the name of the Safe, Clean, and Reliable Drinking Water
Supply Act of 2012 to the Safe, Clean, and Reliable Drinking Water Supply Act
of 2014 and declare the intent of the Legislature to amend the act for the
purpose of reducing and potentially refocusing the $11,140,000,000 bond.
1/31/2013:
Re-referred to
Coms. on N.R. &
W. and RLS.
SB 42
Wolk D
The California Clean, Secure Water Supply and Delta Recovery Act of 2014.
Current law creates the Safe, Clean, and Reliable Drinking Water Supply Act
of 2012, which, if approved by the voters, would authorize the issuance of
bonds in the amount of $11,140,000,000 pursuant to the State General
Obligation Bond Law to finance a safe drinking water and water supply
reliability program. Current law provides for the submission of the bond act
to the voters at the November 4, 2014, statewide general election. This bill
would repeal these provisions. This bill contains other related provisions and
other current laws.
1/10/2013:
Referred to Com.
on N.R. & W.
SB 43
Wolk D
Shared renewable energy self-generation program.
Under existing law, the local government renewable energy self-generation
program authorizes a local government, as defined, to receive a bill credit, as
defined, to be applied to a designated benefiting account for electricity
exported to the electrical grid by an eligible renewable generating facility, as
defined, and requires the commission to adopt a rate tariff for the benefitting
account. This bill would state various findings and declarations, and state the
intent of the Legislature to enact legislation, relating to a shared renewable
energy self-generation program.
1/10/2013:
Referred to Com.
on RLS.
SB 64
Corbett D
Proposition 39: implementation.
Would state the intent of the Legislature to install clean energy at public
schools, universities, and colleges, and at other public buildings and facilities
consistent with the California Clean Energy Jobs Act.
1/24/2013:
Referred to Com.
on RLS.
SB 117
Rubio D
Drinking water: State Water Resources Control Board.
Would transfer the various duties and responsibilities imposed on the State
Department of Public Health by the California Safe Drinking Water Act to the
State Water Resources Control Board and make conforming changes.
1/31/2013:
Referred to
Coms. on HEALTH
and E.Q.
SB 124
Corbett D
Public contracts: bid preferences: clean energy.
Would authorize a public agency, including, but not limited to, the Trustees
of the California State University, to award a contract based on the fact that a
clean energy device, technology, or system was manufactured or assembled
in the state if the contract is an energy service contract determined to be in
the best interest of the public agency.
3/12/2013:
Set for hearing
April 2.
SB 395
Jackson D
Hazardous substances: produced water.
The Department of Toxic Substances Control is prohibited from duplicating
or adopting conflicting regulations for regulated product categories. A
violation of the hazardous waste control law is a crime. This bill would define
produced water and require its regulation as a hazardous substance during
the extraction of oil and gas, including hydraulic fracturing operations. This
bill contains other related provisions and other existing laws.
3/19/2013:
Set for hearing
April 3.
SB 802
Evans D
Oil and gas: trade secrets.
Would require the Division of Oil, Gas, and Geothermal Resources (DOGGR) in
the Department of Conservation to regulate oil and gas operations in
conformance with the provisions of the Uniform Trade Secrets Act.
3/13/2013:
Set for hearing
April 9.
SB 804
Lara D
Solid waste: energy.
Current law requires the State Energy Resources Conservation and
Development Commission (Energy Commission) to submit an annual report
to the Legislature by March 31 of each year regarding awards made pursuant
to the Public Interest Research, Development, and Demonstration Program.
This bill would require the energy commission to include in the annual report
that is due by March 31, 2015, an analysis of the opportunities for utilizing
waste conversion technologies. This bill contains other related provisions
and other current laws.
3/21/2013:
Set for hearing
April 16.
Page 1 / 8
City of Palo Alto Legislative Bills of Interest 3/25/2013
Total Measures: 41
Total Tracking Forms: 41
Community Services DepartmentBillSummary Latest ActionAB 265 Gatto D Local government liability: dog parks. Would provide that a city, county, city and county , or special district that owns or operates a dog park shall not be held liable for any injury or death suffered by any personor pet resulting solely from the actions of a dog in the dog park. 3/13/2013: Re-referred to Com. on JUD. Planning and Community EnvironmentBillSummary Latest ActionAB 5 Ammiano D Homelessness. Would enact the Homeless Person's Bill of Rights and Fairness Act, which would provide that no person's rights, privileges, or access to public services may be denied or abridged because he or she is homeless, has a low income, or suffers from a mental illness or physical disability. The bill would provide that every person in the state, regardless of actual or perceived housing status, income level, mental illness, or physical disability, shall be free from specified forms of discrimination and shall be entitled to certain basic human rights, including the right to be free from discrimination by law enforcement, in the workplace, while seeking or maintaining housing or shelter, and while seeking services. This bill contains other related provisions and other existinglaws. 1/24/2013: Referred to Com. on JUD.AB 745 Levine D Land use: housing element. Would authorize a city or county to request the appropriate council of governments to adjust a density to be deemed appropriate if it is inconsistentwith the city's or county's existing density. 3/4/2013: Referred to Coms. on H. & C.D. and L. GOV.AB 1229 Atkins D Land use: zoning regulations. The Planning and Zoning Law authorizes the legislative body of any city or county to adopt ordinances regulating zoning within its jurisdiction, as specified. This bill would additionally authorize the legislative body of any city or county to adopt ordinances to establish, as a condition of development, inclusionary housing requirements, as specified, and would declare the intentof the Legislature in adding this provision. The bill would also make a technical, nonsubstantive change. 3/7/2013: Referred to Coms. on H. & C.D. and L. GOV.SB 510 Jackson D Land use: subdivisions: rental mobilehome park conversion. Would provide that the local agency is required to consider the results of the support of residents of the mobilehome park in making its decision to approve, conditionally approve, or disapprove the map, and that the agency is authorized to disapprove the map if it finds that the results of the survey have not demonstrated the support of at least a majority of the park's
homeowners. This bill would provide that local legislative bodies may enact
local regulations to implement the survey requirements. This bill contains
other related provisions.
3/19/2013: Set for hearing April 23.
Public Works Department
Bill Summary Latest Action
SB 7
Steinberg D
Public works: charter cities.
Would prohibit a charter city from receiving or using state funding or
financial assistance for a construction project if the city has a charter
provision or ordinance that authorizes a contractor to not comply with
prevailing wage provisions on any public works contract. The bill would,
except as specified, prohibit a charter city from receiving or using state
funding or financial assistance for a construction project for up to 2 calendar
years if the city has, after January 1, 2014, awarded a public works contract
without requiring the contractor to comply with prevailing wage provisions.
This bill would require the Director of Industrial Relations to maintain a list of
charter cities that may receive and use state funding and financial assistance
for their construction projects.
3/22/2013:
Set for hearing
April 8.
SB 525
Galgiani D
California Environmental Quality Act: exemptions.
Current law exempts certain activities from The California Environmental
Quality Act CEQA, including a project for the institution or increase of
passenger or commuter services on rail or highway rights-of-way already in
use, including modernization of existing stations and parking facilities. This
bill would provide that a project by the San Joaquin Regional Rail
Commission and the High-Speed Rail Authority to improve the existing
tracks, structure, bridges, signaling systems, and associated appurtenances
located on the existing railroad right-of-way used by the Altamont Commuter
Express service qualifies for this exemption from CEQA.
3/11/2013:
Referred to Com.
on E.Q.
SB 557
Hill D
High-speed rail.
Would specify that of the $1,100,000,000 appropriated for early high-speed
rail improvement projects in the Budget Act of 2012, $600,000,000 and
$500,000,000 shall be allocated solely for purposes of specified memoranda
of understanding approved by the High-Speed Rail Authority for the
Metropolitan Transportation Commission region and the southern California
region, respectively. This bill contains other related provisions.
3/11/2013:
Referred to Com.
on T. & H.
SB 731
Steinberg D
Environment: California Environmental Quality Act and sustainable
communities strategy.
Would state the intent of the Legislature to enact legislation revising CEQA
to, among other things, provide greater certainty for smart infill
development, streamline the law for specified projects, and establish a
threshold of significance for specified impacts. This bill contains other related
provisions and other existing laws.
3/11/2013:
Referred to Com.
on RLS.
Utilities Department
Bill Summary Latest Action
AB 7
Wieckowski D
Oil and gas: hydraulic fracturing.
Would define, among other things, hydraulic fracturing and hydraulic
fracturing fluid. The bill would require an operator of a well to record and
include all data on hydraulic fracturing treatment, including the risk posed by
potential seismicity, as a part of the history of the drilling of the well. The bill
would require DOGGR, in consultation with the Department of Toxic
Substances Control, the State Air Resources Board, and the State Water
Resources Control Board, on or before January 1, 2014, to adopt rules and
regulations specific to hydraulic fracturing, including governing the
construction of wells and well casings and full disclosure of the composition
and disposition of hydraulic fracturing. This bill contains other related
provisions and other existing laws.
1/14/2013:
Referred to Com.
on NAT. RES.
AB 29
Williams D
Proposition 39: implementation.
Would require the California Energy Commission to administer, in
coordination with the Public Utilities Commission, the Office of the President
of the University of California, the Office of the Chancellor of the California
State University, and the Office of the Chancellor of the California Community
Colleges, grants, loans, or other financial assistance to the University of
California, the California State University, and the California Community
Colleges for projects that create jobs in California by reducing energy
demand and consumption at eligible institutions. This bill contains other
related provisions.
3/20/2013:
Re-referred to
Com. on NAT.
RES.
AB 39
Skinner D
Proposition 39: implementation.
Would require the State Energy Resources Conservation and Development
Commission (Energy Commission) to administer grants, loans, or other
financial assistance to an eligible institution, defined as a public school
providing instruction in kindergarten or grades 1 to 12, inclusive, for the
purpose of projects that create jobs in California by reducing energy demand
and consumption at eligible institutions. This bill would require the Energy
Commission to establish a prescribed system to prioritize eligible institutions
for these grants, loans, and other financial assistance, in consultation with
the Superintendent of Public Instruction. This bill contains other related
provisions.
2/28/2013:
Re-referred to
Com. on NAT.
RES.
AB 114
Salas D
Proposition 39: implementation.
Would require the Employment Development Department, using funds made
available from the Clean Energy Job Creation Fund for job training and
workforce development purposes, to administer grants, no-interest loans, or
other financial assistance for allocation to existing workforce development
programs for the purposes of creating green energy jobs in California. The bill
would require the California Conservation Corps, certified community
conservation corps, YouthBuild, and other existing workforce development
programs to give higher priority to disadvantaged youth and veterans who
reside in an economically disadvantaged community or in a community with a
higher unemployment rate than the statewide unemployment rate. The bill
would make legislative findings and declarations.
2/28/2013:
Referred to
Coms. on NAT.
RES. and U. & C.
AB 122
Rendon D
Energy: energy assessment: nonresidential buildings: financing.
Would enact the Nonresidential Building Energy Retrofit Financing Act of
2013 and would require the commission to establish the Nonresidential
Building Energy Retrofit Financing Program and to develop a request for
proposal for a third-party administrator by July 1, 2014 , to develop and
operate the program to provide financial assistance, through authorizing the
issuance of, among other things, revenue bonds, to owners of eligible
nonresidential buildings for implementing energy improvements for their
properties. This bill contains other related provisions and other existing
laws.
3/20/2013:
Re-referred to
Com. on B. & F.
AB 142
Perea D
Safe, Clean, and Reliable Drinking Water Supply Act of 2012.
Current law creates the Safe, Clean, and Reliable Drinking Water Supply Act
of 2012, which, if approved by the voters, would authorize the issuance of
bonds in the amount of $11,140,000,000 pursuant to the State General
Obligation Bond Law to finance a safe drinking water and water supply
reliability program. This bill would require a state department that expends
moneys in grants or other expenditures from the bond act to provide
information to the Treasurer within a specified time period including the total
amount of moneys spent on each project or program, the specific location of
the project, and a detailed description of the project. This bill contains other
related provisions.
3/20/2013:
Re-referred to
Com. on W.,P. &
W.
AB 145
Perea D
State Water Resources Control Board: drinking water.
Would transfer to the State Water Resources Control Board the various
duties and responsibilities imposed on the State Department of Public Health
by the California Safe Drinking Water Act. This bill contains other related
provisions and other existing laws.
1/31/2013:
Referred to
Coms. on W.,P. &
W. and E.S. & T.M.
AB 288
Levine D
Oil and gas: hydraulic fracturing.
Would define "hydraulic fracturing" and require the operator of a well, at
least 30 days prior to any hydraulic fracturing operations, to file with the
State Oil and Gas Supervisor or the district deputy a written notice of
intention, as specified, to commence hydraulic fracturing. The bill would also
prohibit any hydraulic fracturing operations until written approval is given by
the supervisor or district deputy and would require the supervisor or district
deputy to notify the operator of the approval or denial of the notice within 10
working days after the notice is submitted. This bill contains other related
provisions and other existing laws.
2/21/2013:
Referred to Com.
on NAT. RES.
AB 416
Gordon D
State Air Resources Board: Local Emission Reduction Program.
Would create the Local Emission Reduction Program and would require
money to be available from the General Fund, upon appropriation by the
Legislature, for purposes of providing grants and other financial assistance
to develop and implement greenhouse gas emissions reduction projects in
the state. The bill would require the state board, in coordination with the
Strategic Growth Council, to administer the program, as specified .
3/21/2013:
From committee
chair, with
author's
amendments:
Amend, and re-
refer to Com. on
NAT. RES. Read
second time and
amended.
AB 613
Hueso D
Water: water reclamation.
The Water Recycling Law provides that a person recycling water or using
recycled water in violation of specific provisions, after the violation has been
called to the attention of that person in writing by the regional board, is
guilty of a misdemeanor, as specified. This bill would make technical,
nonsubstantive changes to the provision.
2/21/2013:
From printer.
May be heard in
committee March
23.
AB 669
Stone D
Oil and gas: drilling.
Would require the well operator prior to drilling operations to submit proof
to the State Oil and Gas Supervisor that the applicable regional water quality
control board has approved the method and location of wastewater disposal
for the well.
3/4/2013:
Referred to Com.
on NAT. RES.
AB 719
Hernández,
Roger D
Energy: energy efficiency.
Would require an electrical corporation as part of the Public Utilities Act's
energy efficiency targets to replace low-efficiency light bulbs with high-
efficiency light bulbs in street light poles that the electrical corporation owns,
at the same rate as the city, county, or city and county in which any of the
electrical corporation' s street light poles are located or at the highest rate of
an adjacent city or county if the street light poles are located in a city or
county that does not own any street light poles. This bill would state the
intent of the Legislature that this program be funded through existing
collection mechanisms, and that the implementation of this program not
result in an increase in any amount collected. This bill contains other related
provisions and other existing laws.
3/4/2013:
Referred to Com.
on U. & C.
AB 982
Williams D
Oil and gas: hydraulic fracturing.
Would define "hydraulic fracturing." The bill would also require any notice of
intent to drill, rework, or deepen a well where hydraulic fracturing will occur
to include a groundwater monitoring plan for review and approval by the
supervisor and the appropriate regional water quality control board, which
would contain specific information relating to groundwater, water quality,
and the monitoring of wells and water quality. The bill would further require
any notice of intent to provide specific information regarding the amount of
water, the source of the water, and the method of disposal of produced
wastewater during hydraulic fracturing operations.
3/7/2013:
Referred to Com.
on NAT. RES.
AB 1014
Williams D
Energy: electrical corporations: Shared Renewable Energy Self-Generation
Program.
Would repeal the local government renewable energy self-generation
program and enact the Shared Renewable Energy Self-Generation Program.
The program would authorize a retail customer of an electrical corporation
(participant) to acquire an interest, as defined, in a shared renewable energy
facility, as defined, for the purpose of receiving a bill credit, as defined, to
offset all or a portion of the participant's electricity usage, consistent with
specified requirements. This bill contains other related provisions and other
existing laws.
3/21/2013:
Referred to Com.
on U. & C. From
committee chair,
with author's
amendments:
Amend, and re-
refer to Com. on
U. & C. Read
second time and
amended.
AB 1251
Gorell R
Water quality: stormwater.
Would require the Secretary for Environmental Protection to convene a
stormwater task force to review, plan, and coordinate stormwater-related
activity to maximize regulatory effectiveness in reducing water pollution. The
bill would require the task force to meet on a quarterly basis. This bill
contains other related provisions.
3/11/2013:
Referred to Com.
on E.S. & T.M.
AB 1259
Olsen R
Sacramento-San Joaquin Valley.
Current law requires each city and county within the Sacramento-San
Joaquin Valley, within 24 months of the adoption of the Central Valley Flood
Protection Plan, to amend its general plan to include specified data, policies,
and implementation measures. The city or county is also required, within 36
months of the adoption of the Central Valley Flood Protection Plan, but not
more than 12 months after the amendment of its general plan, to amend its
zoning ordinance to be consistent with the general plan, as amended. This
bill would include, among the findings that exempt a city or county from the
above-described prohibition and requirement, a finding that property in an
undetermined risk area has met the urban level of flood protection based on
substantial evidence in the record. This bill contains other existing laws.
3/21/2013:
Referred to Com.
on W.,P. & W.
From committee
chair, with
author's
amendments:
Amend, and re-
refer to Com. on
W.,P. & W. Read
second time and
amended.
AB 1295
Hernández,
Roger D
Public utilities: renewable energy: community renewables option.
Would require an electrical corporation and a local publicly owned electric
utility to include provisions in its tariff and addenda to a standard contract or
allow an electrical generation facility, as defined, to participate in the
community renewables option that would allow the facility to assign the
payment by the electrical corporation or a local publicly owned electric utility
due to that facility to a subscribing customer, as defined, in the form of a bill
credit. The bill would, on and after January 1, 2016, require the Public Utilities
Commission and the governing board of the local publicly owned electric
utility to evaluate the demand for the community renewables option. This bill
contains other related provisions and other existing laws.
3/21/2013:
Referred to Com.
on U. & C. From
committee chair,
with author's
amendments:
Amend, and re-
refer to Com. on
U. & C. Read
second time and
amended.
AB 1375
Chau D
California Global Warming Solutions Act of 2006: market-based compliance
mechanisms: Clean Technology Investment Account.
Would create the Clean Technology Investment Account within the
Greenhouse Gas Reduction Fund and would require the Legislature to
annually appropriate money from the Greenhouse Gas Reduction Fund into
the Clean Technology Investment Account. This bill would make the funds
available for the research, development, and deployment of the above-
described Global Warming Solutions Act programs and projects while
creating jobs and reducing greenhouse gas emissions.
3/21/2013:
Referred to Com.
on NAT. RES.
From committee
chair, with
author's
amendments:
Amend, and re-
refer to Com. on
NAT. RES. Read
second time and
amended.
AB 1406
Committee on
Utilities and
Commerce
Energy: renewable energy resources.
Current law establishes the California Renewables Portfolio Standard
Program, which requires the Public Utilities Commission to implement annual
procurement targets for the procurement of eligible renewable energy
resources, as defined, for all retail sellers, as defined, to achieve the targets
and goals of the program. This bill would make a technical, nonsubstantive
change to the program's legislative findings and declarations.
3/14/2013:
From printer.
May be heard in
committee April
13.
AB 1407
Committee on
Utilities and
Commerce
Public utilities: resource adequacy requirement.
Under current law, the Public Utilities Commission has regulatory authority
over public utilities, including electrical corporations. Current law requires
the commission, in consultation with the Independent System Operator to
establish resource adequacy requirements for all load-serving entities to
achieve specified objectives. This bill would make technical, nonsubstantive
changes to that provision.
3/14/2013:
From printer.
May be heard in
committee April
13.
SB 4
Pavley D
Oil and gas: hydraulic fracturing.
Would define the terms hydraulic fracturing and hydraulic fracturing fluid.
The bill would require the Secretary of the Natural Resources Agency, on or
before January 1, 2015, to cause to be conducted an independent scientific
study on hydraulic fracturing treatments. The bill would require the Division
of Oil, Gas, and Geothermal Resources, on or before January 1, 2015, to adopt
rules and regulations specific to hydraulic fracturing, including governing the
construction of wells and well casings and full disclosure of the composition
and disposition of hydraulic fracturing. The bill would require the division to
perform random periodic spot check investigations during hydraulic
fracturing treatments, as specified. Because a violation of this bill would
create a new crime, it would impose a state-mandated local program. This bill
contains other related provisions and other existing laws.
3/13/2013:
Set for hearing
April 9.
SB 36
Rubio D
Safe, Clean, and Reliable Drinking Water Supply Act of 2012.
Would declare the intent of the Legislature to amend the Safe, Clean, and
Reliable Drinking Water Supply Act of 2012 for the purpose of reducing the
amount of the $11,140,000,000 bond.
1/10/2013:
Referred to Com.
on RLS.
SB 39
De León D
Energy: school facilities: energy efficiency upgrade projects.
Would enact the Clean Energy Employment and Student Advancement Act of
2013 and would require the Office of Public School Construction , in
consultation with the State Energy Resources Conservation and
Development Commission and the Public Utilities Commission, to establish a
school district assistance program to distribute grants, on a competitive
basis, for energy efficiency upgrade projects pursuant to the California Clean
Energy Jobs Act. This bill contains other related provisions.
3/21/2013:
From committee
with author's
amendments.
Read second time
and amended.
Re-referred to
Com. on ED.
SB 40
Pavley D
Safe, Clean, and Reliable Drinking Water Supply Act of 2012.
Would change the name of the Safe, Clean, and Reliable Drinking Water
Supply Act of 2012 to the Safe, Clean, and Reliable Drinking Water Supply Act
of 2014 and declare the intent of the Legislature to amend the act for the
purpose of reducing and potentially refocusing the $11,140,000,000 bond.
1/31/2013:
Re-referred to
Coms. on N.R. &
W. and RLS.
SB 42
Wolk D
The California Clean, Secure Water Supply and Delta Recovery Act of 2014.
Current law creates the Safe, Clean, and Reliable Drinking Water Supply Act
of 2012, which, if approved by the voters, would authorize the issuance of
bonds in the amount of $11,140,000,000 pursuant to the State General
Obligation Bond Law to finance a safe drinking water and water supply
reliability program. Current law provides for the submission of the bond act
to the voters at the November 4, 2014, statewide general election. This bill
would repeal these provisions. This bill contains other related provisions and
other current laws.
1/10/2013:
Referred to Com.
on N.R. & W.
SB 43
Wolk D
Shared renewable energy self-generation program.
Under existing law, the local government renewable energy self-generation
program authorizes a local government, as defined, to receive a bill credit, as
defined, to be applied to a designated benefiting account for electricity
exported to the electrical grid by an eligible renewable generating facility, as
defined, and requires the commission to adopt a rate tariff for the benefitting
account. This bill would state various findings and declarations, and state the
intent of the Legislature to enact legislation, relating to a shared renewable
energy self-generation program.
1/10/2013:
Referred to Com.
on RLS.
SB 64
Corbett D
Proposition 39: implementation.
Would state the intent of the Legislature to install clean energy at public
schools, universities, and colleges, and at other public buildings and facilities
consistent with the California Clean Energy Jobs Act.
1/24/2013:
Referred to Com.
on RLS.
SB 117
Rubio D
Drinking water: State Water Resources Control Board.
Would transfer the various duties and responsibilities imposed on the State
Department of Public Health by the California Safe Drinking Water Act to the
State Water Resources Control Board and make conforming changes.
1/31/2013:
Referred to
Coms. on HEALTH
and E.Q.
SB 124
Corbett D
Public contracts: bid preferences: clean energy.
Would authorize a public agency, including, but not limited to, the Trustees
of the California State University, to award a contract based on the fact that a
clean energy device, technology, or system was manufactured or assembled
in the state if the contract is an energy service contract determined to be in
the best interest of the public agency.
3/12/2013:
Set for hearing
April 2.
SB 395
Jackson D
Hazardous substances: produced water.
The Department of Toxic Substances Control is prohibited from duplicating
or adopting conflicting regulations for regulated product categories. A
violation of the hazardous waste control law is a crime. This bill would define
produced water and require its regulation as a hazardous substance during
the extraction of oil and gas, including hydraulic fracturing operations. This
bill contains other related provisions and other existing laws.
3/19/2013:
Set for hearing
April 3.
SB 802
Evans D
Oil and gas: trade secrets.
Would require the Division of Oil, Gas, and Geothermal Resources (DOGGR) in
the Department of Conservation to regulate oil and gas operations in
conformance with the provisions of the Uniform Trade Secrets Act.
3/13/2013:
Set for hearing
April 9.
SB 804
Lara D
Solid waste: energy.
Current law requires the State Energy Resources Conservation and
Development Commission (Energy Commission) to submit an annual report
to the Legislature by March 31 of each year regarding awards made pursuant
to the Public Interest Research, Development, and Demonstration Program.
This bill would require the energy commission to include in the annual report
that is due by March 31, 2015, an analysis of the opportunities for utilizing
waste conversion technologies. This bill contains other related provisions
and other current laws.
3/21/2013:
Set for hearing
April 16.
Page 2 / 8
City of Palo Alto Legislative Bills of Interest 3/25/2013
Total Measures: 41
Total Tracking Forms: 41
Community Services DepartmentBillSummary Latest ActionAB 265 Gatto D Local government liability: dog parks. Would provide that a city, county, city and county , or special district that owns or operates a dog park shall not be held liable for any injury or death suffered by any personor pet resulting solely from the actions of a dog in the dog park. 3/13/2013: Re-referred to Com. on JUD. Planning and Community EnvironmentBillSummary Latest ActionAB 5 Ammiano D Homelessness. Would enact the Homeless Person's Bill of Rights and Fairness Act, which would provide that no person's rights, privileges, or access to public services may be denied or abridged because he or she is homeless, has a low income, or suffers from a mental illness or physical disability. The bill would provide that every person in the state, regardless of actual or perceived housing status, income level, mental illness, or physical disability, shall be free from specified forms of discrimination and shall be entitled to certain basic human rights, including the right to be free from discrimination by law enforcement, in the workplace, while seeking or maintaining housing or shelter, and while seeking services. This bill contains other related provisions and other existinglaws. 1/24/2013: Referred to Com. on JUD.AB 745 Levine D Land use: housing element. Would authorize a city or county to request the appropriate council of governments to adjust a density to be deemed appropriate if it is inconsistentwith the city's or county's existing density. 3/4/2013: Referred to Coms. on H. & C.D. and L. GOV.AB 1229 Atkins D Land use: zoning regulations. The Planning and Zoning Law authorizes the legislative body of any city or county to adopt ordinances regulating zoning within its jurisdiction, as specified. This bill would additionally authorize the legislative body of any city or county to adopt ordinances to establish, as a condition of development, inclusionary housing requirements, as specified, and would declare the intentof the Legislature in adding this provision. The bill would also make a technical, nonsubstantive change. 3/7/2013: Referred to Coms. on H. & C.D. and L. GOV.SB 510 Jackson D Land use: subdivisions: rental mobilehome park conversion. Would provide that the local agency is required to consider the results of the support of residents of the mobilehome park in making its decision to approve, conditionally approve, or disapprove the map, and that the agency is authorized to disapprove the map if it finds that the results of the survey have not demonstrated the support of at least a majority of the park's homeowners. This bill would provide that local legislative bodies may enact local regulations to implement the survey requirements. This bill contains other related provisions. 3/19/2013: Set for hearing April 23. Public Works DepartmentBillSummary Latest ActionSB 7 Steinberg D Public works: charter cities. Would prohibit a charter city from receiving or using state funding or financial assistance for a construction project if the city has a charter provision or ordinance that authorizes a contractor to not comply with prevailing wage provisions on any public works contract. The bill would, except as specified, prohibit a charter city from receiving or using state funding or financial assistance for a construction project for up to 2 calendar years if the city has, after January 1, 2014, awarded a public works contract without requiring the contractor to comply with prevailing wage provisions. This bill would require the Director of Industrial Relations to maintain a list of charter cities that may receive and use state funding and financial assistance for their construction projects. 3/22/2013: Set for hearing April 8.SB 525 Galgiani D California Environmental Quality Act: exemptions. Current law exempts certain activities from The California Environmental Quality Act CEQA, including a project for the institution or increase of passenger or commuter services on rail or highway rights-of-way already in use, including modernization of existing stations and parking facilities. This bill would provide that a project by the San Joaquin Regional Rail Commission and the High-Speed Rail Authority to improve the existing tracks, structure, bridges, signaling systems, and associated appurtenances located on the existing railroad right-of-way used by the Altamont CommuterExpress service qualifies for this exemption from CEQA. 3/11/2013: Referred to Com. on E.Q.SB 557 Hill D High-speed rail. Would specify that of the $1,100,000,000 appropriated for early high-speed rail improvement projects in the Budget Act of 2012, $600,000,000 and $500,000,000 shall be allocated solely for purposes of specified memoranda of understanding approved by the High-Speed Rail Authority for the Metropolitan Transportation Commission region and the southern California region, respectively. This bill contains other related provisions. 3/11/2013: Referred to Com. on T. & H.SB 731 Steinberg D Environment: California Environmental Quality Act and sustainable communities strategy. Would state the intent of the Legislature to enact legislation revising CEQA to, among other things, provide greater certainty for smart infill development, streamline the law for specified projects, and establish a threshold of significance for specified impacts. This bill contains other related provisions and other existing laws. 3/11/2013: Referred to Com. on RLS. Utilities DepartmentBillSummary Latest ActionAB 7 Wieckowski D Oil and gas: hydraulic fracturing. Would define, among other things, hydraulic fracturing and hydraulic fracturing fluid. The bill would require an operator of a well to record and include all data on hydraulic fracturing treatment, including the risk posed bypotential seismicity, as a part of the history of the drilling of the well. The bill would require DOGGR, in consultation with the Department of Toxic Substances Control, the State Air Resources Board, and the State Water Resources Control Board, on or before January 1, 2014, to adopt rules and
regulations specific to hydraulic fracturing, including governing the
construction of wells and well casings and full disclosure of the composition
and disposition of hydraulic fracturing. This bill contains other related
provisions and other existing laws.
1/14/2013: Referred to Com. on NAT. RES.
AB 29
Williams D
Proposition 39: implementation.
Would require the California Energy Commission to administer, in
coordination with the Public Utilities Commission, the Office of the President
of the University of California, the Office of the Chancellor of the California
State University, and the Office of the Chancellor of the California Community
Colleges, grants, loans, or other financial assistance to the University of
California, the California State University, and the California Community
Colleges for projects that create jobs in California by reducing energy
demand and consumption at eligible institutions. This bill contains other
related provisions.
3/20/2013:
Re-referred to
Com. on NAT.
RES.
AB 39
Skinner D
Proposition 39: implementation.
Would require the State Energy Resources Conservation and Development
Commission (Energy Commission) to administer grants, loans, or other
financial assistance to an eligible institution, defined as a public school
providing instruction in kindergarten or grades 1 to 12, inclusive, for the
purpose of projects that create jobs in California by reducing energy demand
and consumption at eligible institutions. This bill would require the Energy
Commission to establish a prescribed system to prioritize eligible institutions
for these grants, loans, and other financial assistance, in consultation with
the Superintendent of Public Instruction. This bill contains other related
provisions.
2/28/2013:
Re-referred to
Com. on NAT.
RES.
AB 114
Salas D
Proposition 39: implementation.
Would require the Employment Development Department, using funds made
available from the Clean Energy Job Creation Fund for job training and
workforce development purposes, to administer grants, no-interest loans, or
other financial assistance for allocation to existing workforce development
programs for the purposes of creating green energy jobs in California. The bill
would require the California Conservation Corps, certified community
conservation corps, YouthBuild, and other existing workforce development
programs to give higher priority to disadvantaged youth and veterans who
reside in an economically disadvantaged community or in a community with a
higher unemployment rate than the statewide unemployment rate. The bill
would make legislative findings and declarations.
2/28/2013:
Referred to
Coms. on NAT.
RES. and U. & C.
AB 122
Rendon D
Energy: energy assessment: nonresidential buildings: financing.
Would enact the Nonresidential Building Energy Retrofit Financing Act of
2013 and would require the commission to establish the Nonresidential
Building Energy Retrofit Financing Program and to develop a request for
proposal for a third-party administrator by July 1, 2014 , to develop and
operate the program to provide financial assistance, through authorizing the
issuance of, among other things, revenue bonds, to owners of eligible
nonresidential buildings for implementing energy improvements for their
properties. This bill contains other related provisions and other existing
laws.
3/20/2013:
Re-referred to
Com. on B. & F.
AB 142
Perea D
Safe, Clean, and Reliable Drinking Water Supply Act of 2012.
Current law creates the Safe, Clean, and Reliable Drinking Water Supply Act
of 2012, which, if approved by the voters, would authorize the issuance of
bonds in the amount of $11,140,000,000 pursuant to the State General
Obligation Bond Law to finance a safe drinking water and water supply
reliability program. This bill would require a state department that expends
moneys in grants or other expenditures from the bond act to provide
information to the Treasurer within a specified time period including the total
amount of moneys spent on each project or program, the specific location of
the project, and a detailed description of the project. This bill contains other
related provisions.
3/20/2013:
Re-referred to
Com. on W.,P. &
W.
AB 145
Perea D
State Water Resources Control Board: drinking water.
Would transfer to the State Water Resources Control Board the various
duties and responsibilities imposed on the State Department of Public Health
by the California Safe Drinking Water Act. This bill contains other related
provisions and other existing laws.
1/31/2013:
Referred to
Coms. on W.,P. &
W. and E.S. & T.M.
AB 288
Levine D
Oil and gas: hydraulic fracturing.
Would define "hydraulic fracturing" and require the operator of a well, at
least 30 days prior to any hydraulic fracturing operations, to file with the
State Oil and Gas Supervisor or the district deputy a written notice of
intention, as specified, to commence hydraulic fracturing. The bill would also
prohibit any hydraulic fracturing operations until written approval is given by
the supervisor or district deputy and would require the supervisor or district
deputy to notify the operator of the approval or denial of the notice within 10
working days after the notice is submitted. This bill contains other related
provisions and other existing laws.
2/21/2013:
Referred to Com.
on NAT. RES.
AB 416
Gordon D
State Air Resources Board: Local Emission Reduction Program.
Would create the Local Emission Reduction Program and would require
money to be available from the General Fund, upon appropriation by the
Legislature, for purposes of providing grants and other financial assistance
to develop and implement greenhouse gas emissions reduction projects in
the state. The bill would require the state board, in coordination with the
Strategic Growth Council, to administer the program, as specified .
3/21/2013:
From committee
chair, with
author's
amendments:
Amend, and re-
refer to Com. on
NAT. RES. Read
second time and
amended.
AB 613
Hueso D
Water: water reclamation.
The Water Recycling Law provides that a person recycling water or using
recycled water in violation of specific provisions, after the violation has been
called to the attention of that person in writing by the regional board, is
guilty of a misdemeanor, as specified. This bill would make technical,
nonsubstantive changes to the provision.
2/21/2013:
From printer.
May be heard in
committee March
23.
AB 669
Stone D
Oil and gas: drilling.
Would require the well operator prior to drilling operations to submit proof
to the State Oil and Gas Supervisor that the applicable regional water quality
control board has approved the method and location of wastewater disposal
for the well.
3/4/2013:
Referred to Com.
on NAT. RES.
AB 719
Hernández,
Roger D
Energy: energy efficiency.
Would require an electrical corporation as part of the Public Utilities Act's
energy efficiency targets to replace low-efficiency light bulbs with high-
efficiency light bulbs in street light poles that the electrical corporation owns,
at the same rate as the city, county, or city and county in which any of the
electrical corporation' s street light poles are located or at the highest rate of
an adjacent city or county if the street light poles are located in a city or
county that does not own any street light poles. This bill would state the
intent of the Legislature that this program be funded through existing
collection mechanisms, and that the implementation of this program not
result in an increase in any amount collected. This bill contains other related
provisions and other existing laws.
3/4/2013:
Referred to Com.
on U. & C.
AB 982
Williams D
Oil and gas: hydraulic fracturing.
Would define "hydraulic fracturing." The bill would also require any notice of
intent to drill, rework, or deepen a well where hydraulic fracturing will occur
to include a groundwater monitoring plan for review and approval by the
supervisor and the appropriate regional water quality control board, which
would contain specific information relating to groundwater, water quality,
and the monitoring of wells and water quality. The bill would further require
any notice of intent to provide specific information regarding the amount of
water, the source of the water, and the method of disposal of produced
wastewater during hydraulic fracturing operations.
3/7/2013:
Referred to Com.
on NAT. RES.
AB 1014
Williams D
Energy: electrical corporations: Shared Renewable Energy Self-Generation
Program.
Would repeal the local government renewable energy self-generation
program and enact the Shared Renewable Energy Self-Generation Program.
The program would authorize a retail customer of an electrical corporation
(participant) to acquire an interest, as defined, in a shared renewable energy
facility, as defined, for the purpose of receiving a bill credit, as defined, to
offset all or a portion of the participant's electricity usage, consistent with
specified requirements. This bill contains other related provisions and other
existing laws.
3/21/2013:
Referred to Com.
on U. & C. From
committee chair,
with author's
amendments:
Amend, and re-
refer to Com. on
U. & C. Read
second time and
amended.
AB 1251
Gorell R
Water quality: stormwater.
Would require the Secretary for Environmental Protection to convene a
stormwater task force to review, plan, and coordinate stormwater-related
activity to maximize regulatory effectiveness in reducing water pollution. The
bill would require the task force to meet on a quarterly basis. This bill
contains other related provisions.
3/11/2013:
Referred to Com.
on E.S. & T.M.
AB 1259
Olsen R
Sacramento-San Joaquin Valley.
Current law requires each city and county within the Sacramento-San
Joaquin Valley, within 24 months of the adoption of the Central Valley Flood
Protection Plan, to amend its general plan to include specified data, policies,
and implementation measures. The city or county is also required, within 36
months of the adoption of the Central Valley Flood Protection Plan, but not
more than 12 months after the amendment of its general plan, to amend its
zoning ordinance to be consistent with the general plan, as amended. This
bill would include, among the findings that exempt a city or county from the
above-described prohibition and requirement, a finding that property in an
undetermined risk area has met the urban level of flood protection based on
substantial evidence in the record. This bill contains other existing laws.
3/21/2013:
Referred to Com.
on W.,P. & W.
From committee
chair, with
author's
amendments:
Amend, and re-
refer to Com. on
W.,P. & W. Read
second time and
amended.
AB 1295
Hernández,
Roger D
Public utilities: renewable energy: community renewables option.
Would require an electrical corporation and a local publicly owned electric
utility to include provisions in its tariff and addenda to a standard contract or
allow an electrical generation facility, as defined, to participate in the
community renewables option that would allow the facility to assign the
payment by the electrical corporation or a local publicly owned electric utility
due to that facility to a subscribing customer, as defined, in the form of a bill
credit. The bill would, on and after January 1, 2016, require the Public Utilities
Commission and the governing board of the local publicly owned electric
utility to evaluate the demand for the community renewables option. This bill
contains other related provisions and other existing laws.
3/21/2013:
Referred to Com.
on U. & C. From
committee chair,
with author's
amendments:
Amend, and re-
refer to Com. on
U. & C. Read
second time and
amended.
AB 1375
Chau D
California Global Warming Solutions Act of 2006: market-based compliance
mechanisms: Clean Technology Investment Account.
Would create the Clean Technology Investment Account within the
Greenhouse Gas Reduction Fund and would require the Legislature to
annually appropriate money from the Greenhouse Gas Reduction Fund into
the Clean Technology Investment Account. This bill would make the funds
available for the research, development, and deployment of the above-
described Global Warming Solutions Act programs and projects while
creating jobs and reducing greenhouse gas emissions.
3/21/2013:
Referred to Com.
on NAT. RES.
From committee
chair, with
author's
amendments:
Amend, and re-
refer to Com. on
NAT. RES. Read
second time and
amended.
AB 1406
Committee on
Utilities and
Commerce
Energy: renewable energy resources.
Current law establishes the California Renewables Portfolio Standard
Program, which requires the Public Utilities Commission to implement annual
procurement targets for the procurement of eligible renewable energy
resources, as defined, for all retail sellers, as defined, to achieve the targets
and goals of the program. This bill would make a technical, nonsubstantive
change to the program's legislative findings and declarations.
3/14/2013:
From printer.
May be heard in
committee April
13.
AB 1407
Committee on
Utilities and
Commerce
Public utilities: resource adequacy requirement.
Under current law, the Public Utilities Commission has regulatory authority
over public utilities, including electrical corporations. Current law requires
the commission, in consultation with the Independent System Operator to
establish resource adequacy requirements for all load-serving entities to
achieve specified objectives. This bill would make technical, nonsubstantive
changes to that provision.
3/14/2013:
From printer.
May be heard in
committee April
13.
SB 4
Pavley D
Oil and gas: hydraulic fracturing.
Would define the terms hydraulic fracturing and hydraulic fracturing fluid.
The bill would require the Secretary of the Natural Resources Agency, on or
before January 1, 2015, to cause to be conducted an independent scientific
study on hydraulic fracturing treatments. The bill would require the Division
of Oil, Gas, and Geothermal Resources, on or before January 1, 2015, to adopt
rules and regulations specific to hydraulic fracturing, including governing the
construction of wells and well casings and full disclosure of the composition
and disposition of hydraulic fracturing. The bill would require the division to
perform random periodic spot check investigations during hydraulic
fracturing treatments, as specified. Because a violation of this bill would
create a new crime, it would impose a state-mandated local program. This bill
contains other related provisions and other existing laws.
3/13/2013:
Set for hearing
April 9.
SB 36
Rubio D
Safe, Clean, and Reliable Drinking Water Supply Act of 2012.
Would declare the intent of the Legislature to amend the Safe, Clean, and
Reliable Drinking Water Supply Act of 2012 for the purpose of reducing the
amount of the $11,140,000,000 bond.
1/10/2013:
Referred to Com.
on RLS.
SB 39
De León D
Energy: school facilities: energy efficiency upgrade projects.
Would enact the Clean Energy Employment and Student Advancement Act of
2013 and would require the Office of Public School Construction , in
consultation with the State Energy Resources Conservation and
Development Commission and the Public Utilities Commission, to establish a
school district assistance program to distribute grants, on a competitive
basis, for energy efficiency upgrade projects pursuant to the California Clean
Energy Jobs Act. This bill contains other related provisions.
3/21/2013:
From committee
with author's
amendments.
Read second time
and amended.
Re-referred to
Com. on ED.
SB 40
Pavley D
Safe, Clean, and Reliable Drinking Water Supply Act of 2012.
Would change the name of the Safe, Clean, and Reliable Drinking Water
Supply Act of 2012 to the Safe, Clean, and Reliable Drinking Water Supply Act
of 2014 and declare the intent of the Legislature to amend the act for the
purpose of reducing and potentially refocusing the $11,140,000,000 bond.
1/31/2013:
Re-referred to
Coms. on N.R. &
W. and RLS.
SB 42
Wolk D
The California Clean, Secure Water Supply and Delta Recovery Act of 2014.
Current law creates the Safe, Clean, and Reliable Drinking Water Supply Act
of 2012, which, if approved by the voters, would authorize the issuance of
bonds in the amount of $11,140,000,000 pursuant to the State General
Obligation Bond Law to finance a safe drinking water and water supply
reliability program. Current law provides for the submission of the bond act
to the voters at the November 4, 2014, statewide general election. This bill
would repeal these provisions. This bill contains other related provisions and
other current laws.
1/10/2013:
Referred to Com.
on N.R. & W.
SB 43
Wolk D
Shared renewable energy self-generation program.
Under existing law, the local government renewable energy self-generation
program authorizes a local government, as defined, to receive a bill credit, as
defined, to be applied to a designated benefiting account for electricity
exported to the electrical grid by an eligible renewable generating facility, as
defined, and requires the commission to adopt a rate tariff for the benefitting
account. This bill would state various findings and declarations, and state the
intent of the Legislature to enact legislation, relating to a shared renewable
energy self-generation program.
1/10/2013:
Referred to Com.
on RLS.
SB 64
Corbett D
Proposition 39: implementation.
Would state the intent of the Legislature to install clean energy at public
schools, universities, and colleges, and at other public buildings and facilities
consistent with the California Clean Energy Jobs Act.
1/24/2013:
Referred to Com.
on RLS.
SB 117
Rubio D
Drinking water: State Water Resources Control Board.
Would transfer the various duties and responsibilities imposed on the State
Department of Public Health by the California Safe Drinking Water Act to the
State Water Resources Control Board and make conforming changes.
1/31/2013:
Referred to
Coms. on HEALTH
and E.Q.
SB 124
Corbett D
Public contracts: bid preferences: clean energy.
Would authorize a public agency, including, but not limited to, the Trustees
of the California State University, to award a contract based on the fact that a
clean energy device, technology, or system was manufactured or assembled
in the state if the contract is an energy service contract determined to be in
the best interest of the public agency.
3/12/2013:
Set for hearing
April 2.
SB 395
Jackson D
Hazardous substances: produced water.
The Department of Toxic Substances Control is prohibited from duplicating
or adopting conflicting regulations for regulated product categories. A
violation of the hazardous waste control law is a crime. This bill would define
produced water and require its regulation as a hazardous substance during
the extraction of oil and gas, including hydraulic fracturing operations. This
bill contains other related provisions and other existing laws.
3/19/2013:
Set for hearing
April 3.
SB 802
Evans D
Oil and gas: trade secrets.
Would require the Division of Oil, Gas, and Geothermal Resources (DOGGR) in
the Department of Conservation to regulate oil and gas operations in
conformance with the provisions of the Uniform Trade Secrets Act.
3/13/2013:
Set for hearing
April 9.
SB 804
Lara D
Solid waste: energy.
Current law requires the State Energy Resources Conservation and
Development Commission (Energy Commission) to submit an annual report
to the Legislature by March 31 of each year regarding awards made pursuant
to the Public Interest Research, Development, and Demonstration Program.
This bill would require the energy commission to include in the annual report
that is due by March 31, 2015, an analysis of the opportunities for utilizing
waste conversion technologies. This bill contains other related provisions
and other current laws.
3/21/2013:
Set for hearing
April 16.
Page 3 / 8
City of Palo Alto Legislative Bills of Interest 3/25/2013
Total Measures: 41
Total Tracking Forms: 41
Community Services DepartmentBillSummary Latest ActionAB 265 Gatto D Local government liability: dog parks. Would provide that a city, county, city and county , or special district that owns or operates a dog park shall not be held liable for any injury or death suffered by any personor pet resulting solely from the actions of a dog in the dog park. 3/13/2013: Re-referred to Com. on JUD. Planning and Community EnvironmentBillSummary Latest ActionAB 5 Ammiano D Homelessness. Would enact the Homeless Person's Bill of Rights and Fairness Act, which would provide that no person's rights, privileges, or access to public services may be denied or abridged because he or she is homeless, has a low income, or suffers from a mental illness or physical disability. The bill would provide that every person in the state, regardless of actual or perceived housing status, income level, mental illness, or physical disability, shall be free from specified forms of discrimination and shall be entitled to certain basic human rights, including the right to be free from discrimination by law enforcement, in the workplace, while seeking or maintaining housing or shelter, and while seeking services. This bill contains other related provisions and other existinglaws. 1/24/2013: Referred to Com. on JUD.AB 745 Levine D Land use: housing element. Would authorize a city or county to request the appropriate council of governments to adjust a density to be deemed appropriate if it is inconsistentwith the city's or county's existing density. 3/4/2013: Referred to Coms. on H. & C.D. and L. GOV.AB 1229 Atkins D Land use: zoning regulations. The Planning and Zoning Law authorizes the legislative body of any city or county to adopt ordinances regulating zoning within its jurisdiction, as specified. This bill would additionally authorize the legislative body of any city or county to adopt ordinances to establish, as a condition of development, inclusionary housing requirements, as specified, and would declare the intentof the Legislature in adding this provision. The bill would also make a technical, nonsubstantive change. 3/7/2013: Referred to Coms. on H. & C.D. and L. GOV.SB 510 Jackson D Land use: subdivisions: rental mobilehome park conversion. Would provide that the local agency is required to consider the results of the support of residents of the mobilehome park in making its decision to approve, conditionally approve, or disapprove the map, and that the agency is authorized to disapprove the map if it finds that the results of the survey have not demonstrated the support of at least a majority of the park's homeowners. This bill would provide that local legislative bodies may enact local regulations to implement the survey requirements. This bill contains other related provisions. 3/19/2013: Set for hearing April 23. Public Works DepartmentBillSummary Latest ActionSB 7 Steinberg D Public works: charter cities. Would prohibit a charter city from receiving or using state funding or financial assistance for a construction project if the city has a charter provision or ordinance that authorizes a contractor to not comply with prevailing wage provisions on any public works contract. The bill would, except as specified, prohibit a charter city from receiving or using state funding or financial assistance for a construction project for up to 2 calendar years if the city has, after January 1, 2014, awarded a public works contract without requiring the contractor to comply with prevailing wage provisions. This bill would require the Director of Industrial Relations to maintain a list of charter cities that may receive and use state funding and financial assistance for their construction projects. 3/22/2013: Set for hearing April 8.SB 525 Galgiani D California Environmental Quality Act: exemptions. Current law exempts certain activities from The California Environmental Quality Act CEQA, including a project for the institution or increase of passenger or commuter services on rail or highway rights-of-way already in use, including modernization of existing stations and parking facilities. This bill would provide that a project by the San Joaquin Regional Rail Commission and the High-Speed Rail Authority to improve the existing tracks, structure, bridges, signaling systems, and associated appurtenances located on the existing railroad right-of-way used by the Altamont CommuterExpress service qualifies for this exemption from CEQA. 3/11/2013: Referred to Com. on E.Q.SB 557 Hill D High-speed rail. Would specify that of the $1,100,000,000 appropriated for early high-speed rail improvement projects in the Budget Act of 2012, $600,000,000 and $500,000,000 shall be allocated solely for purposes of specified memoranda of understanding approved by the High-Speed Rail Authority for the Metropolitan Transportation Commission region and the southern California region, respectively. This bill contains other related provisions. 3/11/2013: Referred to Com. on T. & H.SB 731 Steinberg D Environment: California Environmental Quality Act and sustainable communities strategy. Would state the intent of the Legislature to enact legislation revising CEQA to, among other things, provide greater certainty for smart infill development, streamline the law for specified projects, and establish a threshold of significance for specified impacts. This bill contains other related provisions and other existing laws. 3/11/2013: Referred to Com. on RLS. Utilities DepartmentBillSummary Latest ActionAB 7 Wieckowski D Oil and gas: hydraulic fracturing. Would define, among other things, hydraulic fracturing and hydraulic fracturing fluid. The bill would require an operator of a well to record and include all data on hydraulic fracturing treatment, including the risk posed bypotential seismicity, as a part of the history of the drilling of the well. The bill would require DOGGR, in consultation with the Department of Toxic Substances Control, the State Air Resources Board, and the State Water Resources Control Board, on or before January 1, 2014, to adopt rules and regulations specific to hydraulic fracturing, including governing the construction of wells and well casings and full disclosure of the composition and disposition of hydraulic fracturing. This bill contains other related provisions and other existing laws. 1/14/2013: Referred to Com. on NAT. RES.AB 29 Williams D Proposition 39: implementation. Would require the California Energy Commission to administer, in coordination with the Public Utilities Commission, the Office of the President of the University of California, the Office of the Chancellor of the California State University, and the Office of the Chancellor of the California CommunityColleges, grants, loans, or other financial assistance to the University of California, the California State University, and the California Community Colleges for projects that create jobs in California by reducing energy demand and consumption at eligible institutions. This bill contains other related provisions. 3/20/2013: Re-referred to Com. on NAT. RES.AB 39 Skinner D Proposition 39: implementation. Would require the State Energy Resources Conservation and Development Commission (Energy Commission) to administer grants, loans, or other financial assistance to an eligible institution, defined as a public school providing instruction in kindergarten or grades 1 to 12, inclusive, for the purpose of projects that create jobs in California by reducing energy demand and consumption at eligible institutions. This bill would require the Energy Commission to establish a prescribed system to prioritize eligible institutions for these grants, loans, and other financial assistance, in consultation with the Superintendent of Public Instruction. This bill contains other related provisions. 2/28/2013: Re-referred to Com. on NAT. RES.AB 114 Salas D Proposition 39: implementation. Would require the Employment Development Department, using funds madeavailable from the Clean Energy Job Creation Fund for job training and workforce development purposes, to administer grants, no-interest loans, orother financial assistance for allocation to existing workforce development programs for the purposes of creating green energy jobs in California. The billwould require the California Conservation Corps, certified community conservation corps, YouthBuild, and other existing workforce development programs to give higher priority to disadvantaged youth and veterans who reside in an economically disadvantaged community or in a community with a higher unemployment rate than the statewide unemployment rate. The bill would make legislative findings and declarations. 2/28/2013: Referred to Coms. on NAT. RES. and U. & C.AB 122 Rendon D Energy: energy assessment: nonresidential buildings: financing. Would enact the Nonresidential Building Energy Retrofit Financing Act of 2013 and would require the commission to establish the Nonresidential Building Energy Retrofit Financing Program and to develop a request for proposal for a third-party administrator by July 1, 2014 , to develop and operate the program to provide financial assistance, through authorizing theissuance of, among other things, revenue bonds, to owners of eligible nonresidential buildings for implementing energy improvements for their properties. This bill contains other related provisions and other existing laws. 3/20/2013: Re-referred to Com. on B. & F.AB 142 Perea D Safe, Clean, and Reliable Drinking Water Supply Act of 2012. Current law creates the Safe, Clean, and Reliable Drinking Water Supply Act of 2012, which, if approved by the voters, would authorize the issuance of bonds in the amount of $11,140,000,000 pursuant to the State General
Obligation Bond Law to finance a safe drinking water and water supply
reliability program. This bill would require a state department that expends
moneys in grants or other expenditures from the bond act to provide
information to the Treasurer within a specified time period including the total
amount of moneys spent on each project or program, the specific location of
the project, and a detailed description of the project. This bill contains other
related provisions.
3/20/2013: Re-referred to Com. on W.,P. & W.
AB 145
Perea D
State Water Resources Control Board: drinking water.
Would transfer to the State Water Resources Control Board the various
duties and responsibilities imposed on the State Department of Public Health
by the California Safe Drinking Water Act. This bill contains other related
provisions and other existing laws.
1/31/2013:
Referred to
Coms. on W.,P. &
W. and E.S. & T.M.
AB 288
Levine D
Oil and gas: hydraulic fracturing.
Would define "hydraulic fracturing" and require the operator of a well, at
least 30 days prior to any hydraulic fracturing operations, to file with the
State Oil and Gas Supervisor or the district deputy a written notice of
intention, as specified, to commence hydraulic fracturing. The bill would also
prohibit any hydraulic fracturing operations until written approval is given by
the supervisor or district deputy and would require the supervisor or district
deputy to notify the operator of the approval or denial of the notice within 10
working days after the notice is submitted. This bill contains other related
provisions and other existing laws.
2/21/2013:
Referred to Com.
on NAT. RES.
AB 416
Gordon D
State Air Resources Board: Local Emission Reduction Program.
Would create the Local Emission Reduction Program and would require
money to be available from the General Fund, upon appropriation by the
Legislature, for purposes of providing grants and other financial assistance
to develop and implement greenhouse gas emissions reduction projects in
the state. The bill would require the state board, in coordination with the
Strategic Growth Council, to administer the program, as specified .
3/21/2013:
From committee
chair, with
author's
amendments:
Amend, and re-
refer to Com. on
NAT. RES. Read
second time and
amended.
AB 613
Hueso D
Water: water reclamation.
The Water Recycling Law provides that a person recycling water or using
recycled water in violation of specific provisions, after the violation has been
called to the attention of that person in writing by the regional board, is
guilty of a misdemeanor, as specified. This bill would make technical,
nonsubstantive changes to the provision.
2/21/2013:
From printer.
May be heard in
committee March
23.
AB 669
Stone D
Oil and gas: drilling.
Would require the well operator prior to drilling operations to submit proof
to the State Oil and Gas Supervisor that the applicable regional water quality
control board has approved the method and location of wastewater disposal
for the well.
3/4/2013:
Referred to Com.
on NAT. RES.
AB 719
Hernández,
Roger D
Energy: energy efficiency.
Would require an electrical corporation as part of the Public Utilities Act's
energy efficiency targets to replace low-efficiency light bulbs with high-
efficiency light bulbs in street light poles that the electrical corporation owns,
at the same rate as the city, county, or city and county in which any of the
electrical corporation' s street light poles are located or at the highest rate of
an adjacent city or county if the street light poles are located in a city or
county that does not own any street light poles. This bill would state the
intent of the Legislature that this program be funded through existing
collection mechanisms, and that the implementation of this program not
result in an increase in any amount collected. This bill contains other related
provisions and other existing laws.
3/4/2013:
Referred to Com.
on U. & C.
AB 982
Williams D
Oil and gas: hydraulic fracturing.
Would define "hydraulic fracturing." The bill would also require any notice of
intent to drill, rework, or deepen a well where hydraulic fracturing will occur
to include a groundwater monitoring plan for review and approval by the
supervisor and the appropriate regional water quality control board, which
would contain specific information relating to groundwater, water quality,
and the monitoring of wells and water quality. The bill would further require
any notice of intent to provide specific information regarding the amount of
water, the source of the water, and the method of disposal of produced
wastewater during hydraulic fracturing operations.
3/7/2013:
Referred to Com.
on NAT. RES.
AB 1014
Williams D
Energy: electrical corporations: Shared Renewable Energy Self-Generation
Program.
Would repeal the local government renewable energy self-generation
program and enact the Shared Renewable Energy Self-Generation Program.
The program would authorize a retail customer of an electrical corporation
(participant) to acquire an interest, as defined, in a shared renewable energy
facility, as defined, for the purpose of receiving a bill credit, as defined, to
offset all or a portion of the participant's electricity usage, consistent with
specified requirements. This bill contains other related provisions and other
existing laws.
3/21/2013:
Referred to Com.
on U. & C. From
committee chair,
with author's
amendments:
Amend, and re-
refer to Com. on
U. & C. Read
second time and
amended.
AB 1251
Gorell R
Water quality: stormwater.
Would require the Secretary for Environmental Protection to convene a
stormwater task force to review, plan, and coordinate stormwater-related
activity to maximize regulatory effectiveness in reducing water pollution. The
bill would require the task force to meet on a quarterly basis. This bill
contains other related provisions.
3/11/2013:
Referred to Com.
on E.S. & T.M.
AB 1259
Olsen R
Sacramento-San Joaquin Valley.
Current law requires each city and county within the Sacramento-San
Joaquin Valley, within 24 months of the adoption of the Central Valley Flood
Protection Plan, to amend its general plan to include specified data, policies,
and implementation measures. The city or county is also required, within 36
months of the adoption of the Central Valley Flood Protection Plan, but not
more than 12 months after the amendment of its general plan, to amend its
zoning ordinance to be consistent with the general plan, as amended. This
bill would include, among the findings that exempt a city or county from the
above-described prohibition and requirement, a finding that property in an
undetermined risk area has met the urban level of flood protection based on
substantial evidence in the record. This bill contains other existing laws.
3/21/2013:
Referred to Com.
on W.,P. & W.
From committee
chair, with
author's
amendments:
Amend, and re-
refer to Com. on
W.,P. & W. Read
second time and
amended.
AB 1295
Hernández,
Roger D
Public utilities: renewable energy: community renewables option.
Would require an electrical corporation and a local publicly owned electric
utility to include provisions in its tariff and addenda to a standard contract or
allow an electrical generation facility, as defined, to participate in the
community renewables option that would allow the facility to assign the
payment by the electrical corporation or a local publicly owned electric utility
due to that facility to a subscribing customer, as defined, in the form of a bill
credit. The bill would, on and after January 1, 2016, require the Public Utilities
Commission and the governing board of the local publicly owned electric
utility to evaluate the demand for the community renewables option. This bill
contains other related provisions and other existing laws.
3/21/2013:
Referred to Com.
on U. & C. From
committee chair,
with author's
amendments:
Amend, and re-
refer to Com. on
U. & C. Read
second time and
amended.
AB 1375
Chau D
California Global Warming Solutions Act of 2006: market-based compliance
mechanisms: Clean Technology Investment Account.
Would create the Clean Technology Investment Account within the
Greenhouse Gas Reduction Fund and would require the Legislature to
annually appropriate money from the Greenhouse Gas Reduction Fund into
the Clean Technology Investment Account. This bill would make the funds
available for the research, development, and deployment of the above-
described Global Warming Solutions Act programs and projects while
creating jobs and reducing greenhouse gas emissions.
3/21/2013:
Referred to Com.
on NAT. RES.
From committee
chair, with
author's
amendments:
Amend, and re-
refer to Com. on
NAT. RES. Read
second time and
amended.
AB 1406
Committee on
Utilities and
Commerce
Energy: renewable energy resources.
Current law establishes the California Renewables Portfolio Standard
Program, which requires the Public Utilities Commission to implement annual
procurement targets for the procurement of eligible renewable energy
resources, as defined, for all retail sellers, as defined, to achieve the targets
and goals of the program. This bill would make a technical, nonsubstantive
change to the program's legislative findings and declarations.
3/14/2013:
From printer.
May be heard in
committee April
13.
AB 1407
Committee on
Utilities and
Commerce
Public utilities: resource adequacy requirement.
Under current law, the Public Utilities Commission has regulatory authority
over public utilities, including electrical corporations. Current law requires
the commission, in consultation with the Independent System Operator to
establish resource adequacy requirements for all load-serving entities to
achieve specified objectives. This bill would make technical, nonsubstantive
changes to that provision.
3/14/2013:
From printer.
May be heard in
committee April
13.
SB 4
Pavley D
Oil and gas: hydraulic fracturing.
Would define the terms hydraulic fracturing and hydraulic fracturing fluid.
The bill would require the Secretary of the Natural Resources Agency, on or
before January 1, 2015, to cause to be conducted an independent scientific
study on hydraulic fracturing treatments. The bill would require the Division
of Oil, Gas, and Geothermal Resources, on or before January 1, 2015, to adopt
rules and regulations specific to hydraulic fracturing, including governing the
construction of wells and well casings and full disclosure of the composition
and disposition of hydraulic fracturing. The bill would require the division to
perform random periodic spot check investigations during hydraulic
fracturing treatments, as specified. Because a violation of this bill would
create a new crime, it would impose a state-mandated local program. This bill
contains other related provisions and other existing laws.
3/13/2013:
Set for hearing
April 9.
SB 36
Rubio D
Safe, Clean, and Reliable Drinking Water Supply Act of 2012.
Would declare the intent of the Legislature to amend the Safe, Clean, and
Reliable Drinking Water Supply Act of 2012 for the purpose of reducing the
amount of the $11,140,000,000 bond.
1/10/2013:
Referred to Com.
on RLS.
SB 39
De León D
Energy: school facilities: energy efficiency upgrade projects.
Would enact the Clean Energy Employment and Student Advancement Act of
2013 and would require the Office of Public School Construction , in
consultation with the State Energy Resources Conservation and
Development Commission and the Public Utilities Commission, to establish a
school district assistance program to distribute grants, on a competitive
basis, for energy efficiency upgrade projects pursuant to the California Clean
Energy Jobs Act. This bill contains other related provisions.
3/21/2013:
From committee
with author's
amendments.
Read second time
and amended.
Re-referred to
Com. on ED.
SB 40
Pavley D
Safe, Clean, and Reliable Drinking Water Supply Act of 2012.
Would change the name of the Safe, Clean, and Reliable Drinking Water
Supply Act of 2012 to the Safe, Clean, and Reliable Drinking Water Supply Act
of 2014 and declare the intent of the Legislature to amend the act for the
purpose of reducing and potentially refocusing the $11,140,000,000 bond.
1/31/2013:
Re-referred to
Coms. on N.R. &
W. and RLS.
SB 42
Wolk D
The California Clean, Secure Water Supply and Delta Recovery Act of 2014.
Current law creates the Safe, Clean, and Reliable Drinking Water Supply Act
of 2012, which, if approved by the voters, would authorize the issuance of
bonds in the amount of $11,140,000,000 pursuant to the State General
Obligation Bond Law to finance a safe drinking water and water supply
reliability program. Current law provides for the submission of the bond act
to the voters at the November 4, 2014, statewide general election. This bill
would repeal these provisions. This bill contains other related provisions and
other current laws.
1/10/2013:
Referred to Com.
on N.R. & W.
SB 43
Wolk D
Shared renewable energy self-generation program.
Under existing law, the local government renewable energy self-generation
program authorizes a local government, as defined, to receive a bill credit, as
defined, to be applied to a designated benefiting account for electricity
exported to the electrical grid by an eligible renewable generating facility, as
defined, and requires the commission to adopt a rate tariff for the benefitting
account. This bill would state various findings and declarations, and state the
intent of the Legislature to enact legislation, relating to a shared renewable
energy self-generation program.
1/10/2013:
Referred to Com.
on RLS.
SB 64
Corbett D
Proposition 39: implementation.
Would state the intent of the Legislature to install clean energy at public
schools, universities, and colleges, and at other public buildings and facilities
consistent with the California Clean Energy Jobs Act.
1/24/2013:
Referred to Com.
on RLS.
SB 117
Rubio D
Drinking water: State Water Resources Control Board.
Would transfer the various duties and responsibilities imposed on the State
Department of Public Health by the California Safe Drinking Water Act to the
State Water Resources Control Board and make conforming changes.
1/31/2013:
Referred to
Coms. on HEALTH
and E.Q.
SB 124
Corbett D
Public contracts: bid preferences: clean energy.
Would authorize a public agency, including, but not limited to, the Trustees
of the California State University, to award a contract based on the fact that a
clean energy device, technology, or system was manufactured or assembled
in the state if the contract is an energy service contract determined to be in
the best interest of the public agency.
3/12/2013:
Set for hearing
April 2.
SB 395
Jackson D
Hazardous substances: produced water.
The Department of Toxic Substances Control is prohibited from duplicating
or adopting conflicting regulations for regulated product categories. A
violation of the hazardous waste control law is a crime. This bill would define
produced water and require its regulation as a hazardous substance during
the extraction of oil and gas, including hydraulic fracturing operations. This
bill contains other related provisions and other existing laws.
3/19/2013:
Set for hearing
April 3.
SB 802
Evans D
Oil and gas: trade secrets.
Would require the Division of Oil, Gas, and Geothermal Resources (DOGGR) in
the Department of Conservation to regulate oil and gas operations in
conformance with the provisions of the Uniform Trade Secrets Act.
3/13/2013:
Set for hearing
April 9.
SB 804
Lara D
Solid waste: energy.
Current law requires the State Energy Resources Conservation and
Development Commission (Energy Commission) to submit an annual report
to the Legislature by March 31 of each year regarding awards made pursuant
to the Public Interest Research, Development, and Demonstration Program.
This bill would require the energy commission to include in the annual report
that is due by March 31, 2015, an analysis of the opportunities for utilizing
waste conversion technologies. This bill contains other related provisions
and other current laws.
3/21/2013:
Set for hearing
April 16.
Page 4 / 8
City of Palo Alto Legislative Bills of Interest 3/25/2013
Total Measures: 41
Total Tracking Forms: 41
Community Services DepartmentBillSummary Latest ActionAB 265 Gatto D Local government liability: dog parks. Would provide that a city, county, city and county , or special district that owns or operates a dog park shall not be held liable for any injury or death suffered by any personor pet resulting solely from the actions of a dog in the dog park. 3/13/2013: Re-referred to Com. on JUD. Planning and Community EnvironmentBillSummary Latest ActionAB 5 Ammiano D Homelessness. Would enact the Homeless Person's Bill of Rights and Fairness Act, which would provide that no person's rights, privileges, or access to public services may be denied or abridged because he or she is homeless, has a low income, or suffers from a mental illness or physical disability. The bill would provide that every person in the state, regardless of actual or perceived housing status, income level, mental illness, or physical disability, shall be free from specified forms of discrimination and shall be entitled to certain basic human rights, including the right to be free from discrimination by law enforcement, in the workplace, while seeking or maintaining housing or shelter, and while seeking services. This bill contains other related provisions and other existinglaws. 1/24/2013: Referred to Com. on JUD.AB 745 Levine D Land use: housing element. Would authorize a city or county to request the appropriate council of governments to adjust a density to be deemed appropriate if it is inconsistentwith the city's or county's existing density. 3/4/2013: Referred to Coms. on H. & C.D. and L. GOV.AB 1229 Atkins D Land use: zoning regulations. The Planning and Zoning Law authorizes the legislative body of any city or county to adopt ordinances regulating zoning within its jurisdiction, as specified. This bill would additionally authorize the legislative body of any city or county to adopt ordinances to establish, as a condition of development, inclusionary housing requirements, as specified, and would declare the intentof the Legislature in adding this provision. The bill would also make a technical, nonsubstantive change. 3/7/2013: Referred to Coms. on H. & C.D. and L. GOV.SB 510 Jackson D Land use: subdivisions: rental mobilehome park conversion. Would provide that the local agency is required to consider the results of the support of residents of the mobilehome park in making its decision to approve, conditionally approve, or disapprove the map, and that the agency is authorized to disapprove the map if it finds that the results of the survey have not demonstrated the support of at least a majority of the park's homeowners. This bill would provide that local legislative bodies may enact local regulations to implement the survey requirements. This bill contains other related provisions. 3/19/2013: Set for hearing April 23. Public Works DepartmentBillSummary Latest ActionSB 7 Steinberg D Public works: charter cities. Would prohibit a charter city from receiving or using state funding or financial assistance for a construction project if the city has a charter provision or ordinance that authorizes a contractor to not comply with prevailing wage provisions on any public works contract. The bill would, except as specified, prohibit a charter city from receiving or using state funding or financial assistance for a construction project for up to 2 calendar years if the city has, after January 1, 2014, awarded a public works contract without requiring the contractor to comply with prevailing wage provisions. This bill would require the Director of Industrial Relations to maintain a list of charter cities that may receive and use state funding and financial assistance for their construction projects. 3/22/2013: Set for hearing April 8.SB 525 Galgiani D California Environmental Quality Act: exemptions. Current law exempts certain activities from The California Environmental Quality Act CEQA, including a project for the institution or increase of passenger or commuter services on rail or highway rights-of-way already in use, including modernization of existing stations and parking facilities. This bill would provide that a project by the San Joaquin Regional Rail Commission and the High-Speed Rail Authority to improve the existing tracks, structure, bridges, signaling systems, and associated appurtenances located on the existing railroad right-of-way used by the Altamont CommuterExpress service qualifies for this exemption from CEQA. 3/11/2013: Referred to Com. on E.Q.SB 557 Hill D High-speed rail. Would specify that of the $1,100,000,000 appropriated for early high-speed rail improvement projects in the Budget Act of 2012, $600,000,000 and $500,000,000 shall be allocated solely for purposes of specified memoranda of understanding approved by the High-Speed Rail Authority for the Metropolitan Transportation Commission region and the southern California region, respectively. This bill contains other related provisions. 3/11/2013: Referred to Com. on T. & H.SB 731 Steinberg D Environment: California Environmental Quality Act and sustainable communities strategy. Would state the intent of the Legislature to enact legislation revising CEQA to, among other things, provide greater certainty for smart infill development, streamline the law for specified projects, and establish a threshold of significance for specified impacts. This bill contains other related provisions and other existing laws. 3/11/2013: Referred to Com. on RLS. Utilities DepartmentBillSummary Latest ActionAB 7 Wieckowski D Oil and gas: hydraulic fracturing. Would define, among other things, hydraulic fracturing and hydraulic fracturing fluid. The bill would require an operator of a well to record and include all data on hydraulic fracturing treatment, including the risk posed bypotential seismicity, as a part of the history of the drilling of the well. The bill would require DOGGR, in consultation with the Department of Toxic Substances Control, the State Air Resources Board, and the State Water Resources Control Board, on or before January 1, 2014, to adopt rules and regulations specific to hydraulic fracturing, including governing the construction of wells and well casings and full disclosure of the composition and disposition of hydraulic fracturing. This bill contains other related provisions and other existing laws. 1/14/2013: Referred to Com. on NAT. RES.AB 29 Williams D Proposition 39: implementation. Would require the California Energy Commission to administer, in coordination with the Public Utilities Commission, the Office of the President of the University of California, the Office of the Chancellor of the California State University, and the Office of the Chancellor of the California CommunityColleges, grants, loans, or other financial assistance to the University of California, the California State University, and the California Community Colleges for projects that create jobs in California by reducing energy demand and consumption at eligible institutions. This bill contains other related provisions. 3/20/2013: Re-referred to Com. on NAT. RES.AB 39 Skinner D Proposition 39: implementation. Would require the State Energy Resources Conservation and Development Commission (Energy Commission) to administer grants, loans, or other financial assistance to an eligible institution, defined as a public school providing instruction in kindergarten or grades 1 to 12, inclusive, for the purpose of projects that create jobs in California by reducing energy demand and consumption at eligible institutions. This bill would require the Energy Commission to establish a prescribed system to prioritize eligible institutions for these grants, loans, and other financial assistance, in consultation with the Superintendent of Public Instruction. This bill contains other related provisions. 2/28/2013: Re-referred to Com. on NAT. RES.AB 114 Salas D Proposition 39: implementation. Would require the Employment Development Department, using funds madeavailable from the Clean Energy Job Creation Fund for job training and workforce development purposes, to administer grants, no-interest loans, orother financial assistance for allocation to existing workforce development programs for the purposes of creating green energy jobs in California. The billwould require the California Conservation Corps, certified community conservation corps, YouthBuild, and other existing workforce development programs to give higher priority to disadvantaged youth and veterans who reside in an economically disadvantaged community or in a community with a higher unemployment rate than the statewide unemployment rate. The bill would make legislative findings and declarations. 2/28/2013: Referred to Coms. on NAT. RES. and U. & C.AB 122 Rendon D Energy: energy assessment: nonresidential buildings: financing. Would enact the Nonresidential Building Energy Retrofit Financing Act of 2013 and would require the commission to establish the Nonresidential Building Energy Retrofit Financing Program and to develop a request for proposal for a third-party administrator by July 1, 2014 , to develop and operate the program to provide financial assistance, through authorizing theissuance of, among other things, revenue bonds, to owners of eligible nonresidential buildings for implementing energy improvements for their properties. This bill contains other related provisions and other existing laws. 3/20/2013: Re-referred to Com. on B. & F.AB 142 Perea D Safe, Clean, and Reliable Drinking Water Supply Act of 2012. Current law creates the Safe, Clean, and Reliable Drinking Water Supply Act of 2012, which, if approved by the voters, would authorize the issuance of bonds in the amount of $11,140,000,000 pursuant to the State General Obligation Bond Law to finance a safe drinking water and water supply reliability program. This bill would require a state department that expends moneys in grants or other expenditures from the bond act to provide information to the Treasurer within a specified time period including the totalamount of moneys spent on each project or program, the specific location of the project, and a detailed description of the project. This bill contains other related provisions. 3/20/2013: Re-referred to Com. on W.,P. & W.AB 145 Perea D State Water Resources Control Board: drinking water. Would transfer to the State Water Resources Control Board the various duties and responsibilities imposed on the State Department of Public Health by the California Safe Drinking Water Act. This bill contains other related provisions and other existing laws. 1/31/2013: Referred to Coms. on W.,P. & W. and E.S. & T.M.AB 288 Levine D Oil and gas: hydraulic fracturing. Would define "hydraulic fracturing" and require the operator of a well, at least 30 days prior to any hydraulic fracturing operations, to file with the State Oil and Gas Supervisor or the district deputy a written notice of intention, as specified, to commence hydraulic fracturing. The bill would also prohibit any hydraulic fracturing operations until written approval is given by the supervisor or district deputy and would require the supervisor or district deputy to notify the operator of the approval or denial of the notice within 10working days after the notice is submitted. This bill contains other related provisions and other existing laws. 2/21/2013: Referred to Com. on NAT. RES.AB 416 Gordon D State Air Resources Board: Local Emission Reduction Program. Would create the Local Emission Reduction Program and would require money to be available from the General Fund, upon appropriation by the Legislature, for purposes of providing grants and other financial assistance to develop and implement greenhouse gas emissions reduction projects in the state. The bill would require the state board, in coordination with the Strategic Growth Council, to administer the program, as specified . 3/21/2013: From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended.AB 613 Hueso D Water: water reclamation. The Water Recycling Law provides that a person recycling water or using recycled water in violation of specific provisions, after the violation has been called to the attention of that person in writing by the regional board, is guilty of a misdemeanor, as specified. This bill would make technical, nonsubstantive changes to the provision. 2/21/2013: From printer. May be heard in committee March23. AB 669 Stone D Oil and gas: drilling. Would require the well operator prior to drilling operations to submit proof to the State Oil and Gas Supervisor that the applicable regional water quality control board has approved the method and location of wastewater disposalfor the well. 3/4/2013: Referred to Com. on NAT. RES.AB 719 Hernández, Roger D Energy: energy efficiency. Would require an electrical corporation as part of the Public Utilities Act's energy efficiency targets to replace low-efficiency light bulbs with high-efficiency light bulbs in street light poles that the electrical corporation owns,at the same rate as the city, county, or city and county in which any of the electrical corporation' s street light poles are located or at the highest rate ofan adjacent city or county if the street light poles are located in a city or county that does not own any street light poles. This bill would state the
intent of the Legislature that this program be funded through existing
collection mechanisms, and that the implementation of this program not
result in an increase in any amount collected. This bill contains other related
provisions and other existing laws.
3/4/2013: Referred to Com. on U. & C.
AB 982
Williams D
Oil and gas: hydraulic fracturing.
Would define "hydraulic fracturing." The bill would also require any notice of
intent to drill, rework, or deepen a well where hydraulic fracturing will occur
to include a groundwater monitoring plan for review and approval by the
supervisor and the appropriate regional water quality control board, which
would contain specific information relating to groundwater, water quality,
and the monitoring of wells and water quality. The bill would further require
any notice of intent to provide specific information regarding the amount of
water, the source of the water, and the method of disposal of produced
wastewater during hydraulic fracturing operations.
3/7/2013:
Referred to Com.
on NAT. RES.
AB 1014
Williams D
Energy: electrical corporations: Shared Renewable Energy Self-Generation
Program.
Would repeal the local government renewable energy self-generation
program and enact the Shared Renewable Energy Self-Generation Program.
The program would authorize a retail customer of an electrical corporation
(participant) to acquire an interest, as defined, in a shared renewable energy
facility, as defined, for the purpose of receiving a bill credit, as defined, to
offset all or a portion of the participant's electricity usage, consistent with
specified requirements. This bill contains other related provisions and other
existing laws.
3/21/2013:
Referred to Com.
on U. & C. From
committee chair,
with author's
amendments:
Amend, and re-
refer to Com. on
U. & C. Read
second time and
amended.
AB 1251
Gorell R
Water quality: stormwater.
Would require the Secretary for Environmental Protection to convene a
stormwater task force to review, plan, and coordinate stormwater-related
activity to maximize regulatory effectiveness in reducing water pollution. The
bill would require the task force to meet on a quarterly basis. This bill
contains other related provisions.
3/11/2013:
Referred to Com.
on E.S. & T.M.
AB 1259
Olsen R
Sacramento-San Joaquin Valley.
Current law requires each city and county within the Sacramento-San
Joaquin Valley, within 24 months of the adoption of the Central Valley Flood
Protection Plan, to amend its general plan to include specified data, policies,
and implementation measures. The city or county is also required, within 36
months of the adoption of the Central Valley Flood Protection Plan, but not
more than 12 months after the amendment of its general plan, to amend its
zoning ordinance to be consistent with the general plan, as amended. This
bill would include, among the findings that exempt a city or county from the
above-described prohibition and requirement, a finding that property in an
undetermined risk area has met the urban level of flood protection based on
substantial evidence in the record. This bill contains other existing laws.
3/21/2013:
Referred to Com.
on W.,P. & W.
From committee
chair, with
author's
amendments:
Amend, and re-
refer to Com. on
W.,P. & W. Read
second time and
amended.
AB 1295
Hernández,
Roger D
Public utilities: renewable energy: community renewables option.
Would require an electrical corporation and a local publicly owned electric
utility to include provisions in its tariff and addenda to a standard contract or
allow an electrical generation facility, as defined, to participate in the
community renewables option that would allow the facility to assign the
payment by the electrical corporation or a local publicly owned electric utility
due to that facility to a subscribing customer, as defined, in the form of a bill
credit. The bill would, on and after January 1, 2016, require the Public Utilities
Commission and the governing board of the local publicly owned electric
utility to evaluate the demand for the community renewables option. This bill
contains other related provisions and other existing laws.
3/21/2013:
Referred to Com.
on U. & C. From
committee chair,
with author's
amendments:
Amend, and re-
refer to Com. on
U. & C. Read
second time and
amended.
AB 1375
Chau D
California Global Warming Solutions Act of 2006: market-based compliance
mechanisms: Clean Technology Investment Account.
Would create the Clean Technology Investment Account within the
Greenhouse Gas Reduction Fund and would require the Legislature to
annually appropriate money from the Greenhouse Gas Reduction Fund into
the Clean Technology Investment Account. This bill would make the funds
available for the research, development, and deployment of the above-
described Global Warming Solutions Act programs and projects while
creating jobs and reducing greenhouse gas emissions.
3/21/2013:
Referred to Com.
on NAT. RES.
From committee
chair, with
author's
amendments:
Amend, and re-
refer to Com. on
NAT. RES. Read
second time and
amended.
AB 1406
Committee on
Utilities and
Commerce
Energy: renewable energy resources.
Current law establishes the California Renewables Portfolio Standard
Program, which requires the Public Utilities Commission to implement annual
procurement targets for the procurement of eligible renewable energy
resources, as defined, for all retail sellers, as defined, to achieve the targets
and goals of the program. This bill would make a technical, nonsubstantive
change to the program's legislative findings and declarations.
3/14/2013:
From printer.
May be heard in
committee April
13.
AB 1407
Committee on
Utilities and
Commerce
Public utilities: resource adequacy requirement.
Under current law, the Public Utilities Commission has regulatory authority
over public utilities, including electrical corporations. Current law requires
the commission, in consultation with the Independent System Operator to
establish resource adequacy requirements for all load-serving entities to
achieve specified objectives. This bill would make technical, nonsubstantive
changes to that provision.
3/14/2013:
From printer.
May be heard in
committee April
13.
SB 4
Pavley D
Oil and gas: hydraulic fracturing.
Would define the terms hydraulic fracturing and hydraulic fracturing fluid.
The bill would require the Secretary of the Natural Resources Agency, on or
before January 1, 2015, to cause to be conducted an independent scientific
study on hydraulic fracturing treatments. The bill would require the Division
of Oil, Gas, and Geothermal Resources, on or before January 1, 2015, to adopt
rules and regulations specific to hydraulic fracturing, including governing the
construction of wells and well casings and full disclosure of the composition
and disposition of hydraulic fracturing. The bill would require the division to
perform random periodic spot check investigations during hydraulic
fracturing treatments, as specified. Because a violation of this bill would
create a new crime, it would impose a state-mandated local program. This bill
contains other related provisions and other existing laws.
3/13/2013:
Set for hearing
April 9.
SB 36
Rubio D
Safe, Clean, and Reliable Drinking Water Supply Act of 2012.
Would declare the intent of the Legislature to amend the Safe, Clean, and
Reliable Drinking Water Supply Act of 2012 for the purpose of reducing the
amount of the $11,140,000,000 bond.
1/10/2013:
Referred to Com.
on RLS.
SB 39
De León D
Energy: school facilities: energy efficiency upgrade projects.
Would enact the Clean Energy Employment and Student Advancement Act of
2013 and would require the Office of Public School Construction , in
consultation with the State Energy Resources Conservation and
Development Commission and the Public Utilities Commission, to establish a
school district assistance program to distribute grants, on a competitive
basis, for energy efficiency upgrade projects pursuant to the California Clean
Energy Jobs Act. This bill contains other related provisions.
3/21/2013:
From committee
with author's
amendments.
Read second time
and amended.
Re-referred to
Com. on ED.
SB 40
Pavley D
Safe, Clean, and Reliable Drinking Water Supply Act of 2012.
Would change the name of the Safe, Clean, and Reliable Drinking Water
Supply Act of 2012 to the Safe, Clean, and Reliable Drinking Water Supply Act
of 2014 and declare the intent of the Legislature to amend the act for the
purpose of reducing and potentially refocusing the $11,140,000,000 bond.
1/31/2013:
Re-referred to
Coms. on N.R. &
W. and RLS.
SB 42
Wolk D
The California Clean, Secure Water Supply and Delta Recovery Act of 2014.
Current law creates the Safe, Clean, and Reliable Drinking Water Supply Act
of 2012, which, if approved by the voters, would authorize the issuance of
bonds in the amount of $11,140,000,000 pursuant to the State General
Obligation Bond Law to finance a safe drinking water and water supply
reliability program. Current law provides for the submission of the bond act
to the voters at the November 4, 2014, statewide general election. This bill
would repeal these provisions. This bill contains other related provisions and
other current laws.
1/10/2013:
Referred to Com.
on N.R. & W.
SB 43
Wolk D
Shared renewable energy self-generation program.
Under existing law, the local government renewable energy self-generation
program authorizes a local government, as defined, to receive a bill credit, as
defined, to be applied to a designated benefiting account for electricity
exported to the electrical grid by an eligible renewable generating facility, as
defined, and requires the commission to adopt a rate tariff for the benefitting
account. This bill would state various findings and declarations, and state the
intent of the Legislature to enact legislation, relating to a shared renewable
energy self-generation program.
1/10/2013:
Referred to Com.
on RLS.
SB 64
Corbett D
Proposition 39: implementation.
Would state the intent of the Legislature to install clean energy at public
schools, universities, and colleges, and at other public buildings and facilities
consistent with the California Clean Energy Jobs Act.
1/24/2013:
Referred to Com.
on RLS.
SB 117
Rubio D
Drinking water: State Water Resources Control Board.
Would transfer the various duties and responsibilities imposed on the State
Department of Public Health by the California Safe Drinking Water Act to the
State Water Resources Control Board and make conforming changes.
1/31/2013:
Referred to
Coms. on HEALTH
and E.Q.
SB 124
Corbett D
Public contracts: bid preferences: clean energy.
Would authorize a public agency, including, but not limited to, the Trustees
of the California State University, to award a contract based on the fact that a
clean energy device, technology, or system was manufactured or assembled
in the state if the contract is an energy service contract determined to be in
the best interest of the public agency.
3/12/2013:
Set for hearing
April 2.
SB 395
Jackson D
Hazardous substances: produced water.
The Department of Toxic Substances Control is prohibited from duplicating
or adopting conflicting regulations for regulated product categories. A
violation of the hazardous waste control law is a crime. This bill would define
produced water and require its regulation as a hazardous substance during
the extraction of oil and gas, including hydraulic fracturing operations. This
bill contains other related provisions and other existing laws.
3/19/2013:
Set for hearing
April 3.
SB 802
Evans D
Oil and gas: trade secrets.
Would require the Division of Oil, Gas, and Geothermal Resources (DOGGR) in
the Department of Conservation to regulate oil and gas operations in
conformance with the provisions of the Uniform Trade Secrets Act.
3/13/2013:
Set for hearing
April 9.
SB 804
Lara D
Solid waste: energy.
Current law requires the State Energy Resources Conservation and
Development Commission (Energy Commission) to submit an annual report
to the Legislature by March 31 of each year regarding awards made pursuant
to the Public Interest Research, Development, and Demonstration Program.
This bill would require the energy commission to include in the annual report
that is due by March 31, 2015, an analysis of the opportunities for utilizing
waste conversion technologies. This bill contains other related provisions
and other current laws.
3/21/2013:
Set for hearing
April 16.
Page 5 / 8
City of Palo Alto Legislative Bills of Interest 3/25/2013
Total Measures: 41
Total Tracking Forms: 41
Community Services DepartmentBillSummary Latest ActionAB 265 Gatto D Local government liability: dog parks. Would provide that a city, county, city and county , or special district that owns or operates a dog park shall not be held liable for any injury or death suffered by any personor pet resulting solely from the actions of a dog in the dog park. 3/13/2013: Re-referred to Com. on JUD. Planning and Community EnvironmentBillSummary Latest ActionAB 5 Ammiano D Homelessness. Would enact the Homeless Person's Bill of Rights and Fairness Act, which would provide that no person's rights, privileges, or access to public services may be denied or abridged because he or she is homeless, has a low income, or suffers from a mental illness or physical disability. The bill would provide that every person in the state, regardless of actual or perceived housing status, income level, mental illness, or physical disability, shall be free from specified forms of discrimination and shall be entitled to certain basic human rights, including the right to be free from discrimination by law enforcement, in the workplace, while seeking or maintaining housing or shelter, and while seeking services. This bill contains other related provisions and other existinglaws. 1/24/2013: Referred to Com. on JUD.AB 745 Levine D Land use: housing element. Would authorize a city or county to request the appropriate council of governments to adjust a density to be deemed appropriate if it is inconsistentwith the city's or county's existing density. 3/4/2013: Referred to Coms. on H. & C.D. and L. GOV.AB 1229 Atkins D Land use: zoning regulations. The Planning and Zoning Law authorizes the legislative body of any city or county to adopt ordinances regulating zoning within its jurisdiction, as specified. This bill would additionally authorize the legislative body of any city or county to adopt ordinances to establish, as a condition of development, inclusionary housing requirements, as specified, and would declare the intentof the Legislature in adding this provision. The bill would also make a technical, nonsubstantive change. 3/7/2013: Referred to Coms. on H. & C.D. and L. GOV.SB 510 Jackson D Land use: subdivisions: rental mobilehome park conversion. Would provide that the local agency is required to consider the results of the support of residents of the mobilehome park in making its decision to approve, conditionally approve, or disapprove the map, and that the agency is authorized to disapprove the map if it finds that the results of the survey have not demonstrated the support of at least a majority of the park's homeowners. This bill would provide that local legislative bodies may enact local regulations to implement the survey requirements. This bill contains other related provisions. 3/19/2013: Set for hearing April 23. Public Works DepartmentBillSummary Latest ActionSB 7 Steinberg D Public works: charter cities. Would prohibit a charter city from receiving or using state funding or financial assistance for a construction project if the city has a charter provision or ordinance that authorizes a contractor to not comply with prevailing wage provisions on any public works contract. The bill would, except as specified, prohibit a charter city from receiving or using state funding or financial assistance for a construction project for up to 2 calendar years if the city has, after January 1, 2014, awarded a public works contract without requiring the contractor to comply with prevailing wage provisions. This bill would require the Director of Industrial Relations to maintain a list of charter cities that may receive and use state funding and financial assistance for their construction projects. 3/22/2013: Set for hearing April 8.SB 525 Galgiani D California Environmental Quality Act: exemptions. Current law exempts certain activities from The California Environmental Quality Act CEQA, including a project for the institution or increase of passenger or commuter services on rail or highway rights-of-way already in use, including modernization of existing stations and parking facilities. This bill would provide that a project by the San Joaquin Regional Rail Commission and the High-Speed Rail Authority to improve the existing tracks, structure, bridges, signaling systems, and associated appurtenances located on the existing railroad right-of-way used by the Altamont CommuterExpress service qualifies for this exemption from CEQA. 3/11/2013: Referred to Com. on E.Q.SB 557 Hill D High-speed rail. Would specify that of the $1,100,000,000 appropriated for early high-speed rail improvement projects in the Budget Act of 2012, $600,000,000 and $500,000,000 shall be allocated solely for purposes of specified memoranda of understanding approved by the High-Speed Rail Authority for the Metropolitan Transportation Commission region and the southern California region, respectively. This bill contains other related provisions. 3/11/2013: Referred to Com. on T. & H.SB 731 Steinberg D Environment: California Environmental Quality Act and sustainable communities strategy. Would state the intent of the Legislature to enact legislation revising CEQA to, among other things, provide greater certainty for smart infill development, streamline the law for specified projects, and establish a threshold of significance for specified impacts. This bill contains other related provisions and other existing laws. 3/11/2013: Referred to Com. on RLS. Utilities DepartmentBillSummary Latest ActionAB 7 Wieckowski D Oil and gas: hydraulic fracturing. Would define, among other things, hydraulic fracturing and hydraulic fracturing fluid. The bill would require an operator of a well to record and include all data on hydraulic fracturing treatment, including the risk posed bypotential seismicity, as a part of the history of the drilling of the well. The bill would require DOGGR, in consultation with the Department of Toxic Substances Control, the State Air Resources Board, and the State Water Resources Control Board, on or before January 1, 2014, to adopt rules and regulations specific to hydraulic fracturing, including governing the construction of wells and well casings and full disclosure of the composition and disposition of hydraulic fracturing. This bill contains other related provisions and other existing laws. 1/14/2013: Referred to Com. on NAT. RES.AB 29 Williams D Proposition 39: implementation. Would require the California Energy Commission to administer, in coordination with the Public Utilities Commission, the Office of the President of the University of California, the Office of the Chancellor of the California State University, and the Office of the Chancellor of the California CommunityColleges, grants, loans, or other financial assistance to the University of California, the California State University, and the California Community Colleges for projects that create jobs in California by reducing energy demand and consumption at eligible institutions. This bill contains other related provisions. 3/20/2013: Re-referred to Com. on NAT. RES.AB 39 Skinner D Proposition 39: implementation. Would require the State Energy Resources Conservation and Development Commission (Energy Commission) to administer grants, loans, or other financial assistance to an eligible institution, defined as a public school providing instruction in kindergarten or grades 1 to 12, inclusive, for the purpose of projects that create jobs in California by reducing energy demand and consumption at eligible institutions. This bill would require the Energy Commission to establish a prescribed system to prioritize eligible institutions for these grants, loans, and other financial assistance, in consultation with the Superintendent of Public Instruction. This bill contains other related provisions. 2/28/2013: Re-referred to Com. on NAT. RES.AB 114 Salas D Proposition 39: implementation. Would require the Employment Development Department, using funds madeavailable from the Clean Energy Job Creation Fund for job training and workforce development purposes, to administer grants, no-interest loans, orother financial assistance for allocation to existing workforce development programs for the purposes of creating green energy jobs in California. The billwould require the California Conservation Corps, certified community conservation corps, YouthBuild, and other existing workforce development programs to give higher priority to disadvantaged youth and veterans who reside in an economically disadvantaged community or in a community with a higher unemployment rate than the statewide unemployment rate. The bill would make legislative findings and declarations. 2/28/2013: Referred to Coms. on NAT. RES. and U. & C.AB 122 Rendon D Energy: energy assessment: nonresidential buildings: financing. Would enact the Nonresidential Building Energy Retrofit Financing Act of 2013 and would require the commission to establish the Nonresidential Building Energy Retrofit Financing Program and to develop a request for proposal for a third-party administrator by July 1, 2014 , to develop and operate the program to provide financial assistance, through authorizing theissuance of, among other things, revenue bonds, to owners of eligible nonresidential buildings for implementing energy improvements for their properties. This bill contains other related provisions and other existing laws. 3/20/2013: Re-referred to Com. on B. & F.AB 142 Perea D Safe, Clean, and Reliable Drinking Water Supply Act of 2012. Current law creates the Safe, Clean, and Reliable Drinking Water Supply Act of 2012, which, if approved by the voters, would authorize the issuance of bonds in the amount of $11,140,000,000 pursuant to the State General Obligation Bond Law to finance a safe drinking water and water supply reliability program. This bill would require a state department that expends moneys in grants or other expenditures from the bond act to provide information to the Treasurer within a specified time period including the totalamount of moneys spent on each project or program, the specific location of the project, and a detailed description of the project. This bill contains other related provisions. 3/20/2013: Re-referred to Com. on W.,P. & W.AB 145 Perea D State Water Resources Control Board: drinking water. Would transfer to the State Water Resources Control Board the various duties and responsibilities imposed on the State Department of Public Health by the California Safe Drinking Water Act. This bill contains other related provisions and other existing laws. 1/31/2013: Referred to Coms. on W.,P. & W. and E.S. & T.M.AB 288 Levine D Oil and gas: hydraulic fracturing. Would define "hydraulic fracturing" and require the operator of a well, at least 30 days prior to any hydraulic fracturing operations, to file with the State Oil and Gas Supervisor or the district deputy a written notice of intention, as specified, to commence hydraulic fracturing. The bill would also prohibit any hydraulic fracturing operations until written approval is given by the supervisor or district deputy and would require the supervisor or district deputy to notify the operator of the approval or denial of the notice within 10working days after the notice is submitted. This bill contains other related provisions and other existing laws. 2/21/2013: Referred to Com. on NAT. RES.AB 416 Gordon D State Air Resources Board: Local Emission Reduction Program. Would create the Local Emission Reduction Program and would require money to be available from the General Fund, upon appropriation by the Legislature, for purposes of providing grants and other financial assistance to develop and implement greenhouse gas emissions reduction projects in the state. The bill would require the state board, in coordination with the Strategic Growth Council, to administer the program, as specified . 3/21/2013: From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended.AB 613 Hueso D Water: water reclamation. The Water Recycling Law provides that a person recycling water or using recycled water in violation of specific provisions, after the violation has been called to the attention of that person in writing by the regional board, is guilty of a misdemeanor, as specified. This bill would make technical, nonsubstantive changes to the provision. 2/21/2013: From printer. May be heard in committee March23. AB 669 Stone D Oil and gas: drilling. Would require the well operator prior to drilling operations to submit proof to the State Oil and Gas Supervisor that the applicable regional water quality control board has approved the method and location of wastewater disposalfor the well. 3/4/2013: Referred to Com. on NAT. RES.AB 719 Hernández, Roger D Energy: energy efficiency. Would require an electrical corporation as part of the Public Utilities Act's energy efficiency targets to replace low-efficiency light bulbs with high-efficiency light bulbs in street light poles that the electrical corporation owns,at the same rate as the city, county, or city and county in which any of the electrical corporation' s street light poles are located or at the highest rate ofan adjacent city or county if the street light poles are located in a city or county that does not own any street light poles. This bill would state the intent of the Legislature that this program be funded through existing collection mechanisms, and that the implementation of this program not result in an increase in any amount collected. This bill contains other related provisions and other existing laws. 3/4/2013: Referred to Com. on U. & C.AB 982 Williams D Oil and gas: hydraulic fracturing. Would define "hydraulic fracturing." The bill would also require any notice of intent to drill, rework, or deepen a well where hydraulic fracturing will occur to include a groundwater monitoring plan for review and approval by the supervisor and the appropriate regional water quality control board, which would contain specific information relating to groundwater, water quality, and the monitoring of wells and water quality. The bill would further require any notice of intent to provide specific information regarding the amount of water, the source of the water, and the method of disposal of produced wastewater during hydraulic fracturing operations. 3/7/2013: Referred to Com. on NAT. RES.AB 1014 Williams D Energy: electrical corporations: Shared Renewable Energy Self-Generation Program. Would repeal the local government renewable energy self-generation program and enact the Shared Renewable Energy Self-Generation Program. The program would authorize a retail customer of an electrical corporation (participant) to acquire an interest, as defined, in a shared renewable energy facility, as defined, for the purpose of receiving a bill credit, as defined, to offset all or a portion of the participant's electricity usage, consistent with specified requirements. This bill contains other related provisions and other existing laws. 3/21/2013: Referred to Com. on U. & C. From committee chair, with author's amendments: Amend, and re-refer to Com. on U. & C. Read second time and amended.AB 1251 Gorell R Water quality: stormwater. Would require the Secretary for Environmental Protection to convene a stormwater task force to review, plan, and coordinate stormwater-related activity to maximize regulatory effectiveness in reducing water pollution. The bill would require the task force to meet on a quarterly basis. This bill contains other related provisions. 3/11/2013: Referred to Com. on E.S. & T.M.AB 1259 Olsen R Sacramento-San Joaquin Valley. Current law requires each city and county within the Sacramento-San Joaquin Valley, within 24 months of the adoption of the Central Valley Flood Protection Plan, to amend its general plan to include specified data, policies, and implementation measures. The city or county is also required, within 36 months of the adoption of the Central Valley Flood Protection Plan, but not more than 12 months after the amendment of its general plan, to amend its zoning ordinance to be consistent with the general plan, as amended. This bill would include, among the findings that exempt a city or county from the above-described prohibition and requirement, a finding that property in an undetermined risk area has met the urban level of flood protection based on substantial evidence in the record. This bill contains other existing laws. 3/21/2013: Referred to Com. on W.,P. & W. From committee chair, with author's amendments: Amend, and re-refer to Com. on W.,P. & W. Read second time and amended.AB 1295 Hernández, Roger D Public utilities: renewable energy: community renewables option. Would require an electrical corporation and a local publicly owned electric utility to include provisions in its tariff and addenda to a standard contract or allow an electrical generation facility, as defined, to participate in the community renewables option that would allow the facility to assign the payment by the electrical corporation or a local publicly owned electric utility due to that facility to a subscribing customer, as defined, in the form of a bill credit. The bill would, on and after January 1, 2016, require the Public Utilities
Commission and the governing board of the local publicly owned electric
utility to evaluate the demand for the community renewables option. This bill
contains other related provisions and other existing laws.
3/21/2013: Referred to Com. on U. & C. From committee chair, with author's amendments: Amend, and re-refer to Com. on
U. & C. Read
second time and
amended.
AB 1375
Chau D
California Global Warming Solutions Act of 2006: market-based compliance
mechanisms: Clean Technology Investment Account.
Would create the Clean Technology Investment Account within the
Greenhouse Gas Reduction Fund and would require the Legislature to
annually appropriate money from the Greenhouse Gas Reduction Fund into
the Clean Technology Investment Account. This bill would make the funds
available for the research, development, and deployment of the above-
described Global Warming Solutions Act programs and projects while
creating jobs and reducing greenhouse gas emissions.
3/21/2013:
Referred to Com.
on NAT. RES.
From committee
chair, with
author's
amendments:
Amend, and re-
refer to Com. on
NAT. RES. Read
second time and
amended.
AB 1406
Committee on
Utilities and
Commerce
Energy: renewable energy resources.
Current law establishes the California Renewables Portfolio Standard
Program, which requires the Public Utilities Commission to implement annual
procurement targets for the procurement of eligible renewable energy
resources, as defined, for all retail sellers, as defined, to achieve the targets
and goals of the program. This bill would make a technical, nonsubstantive
change to the program's legislative findings and declarations.
3/14/2013:
From printer.
May be heard in
committee April
13.
AB 1407
Committee on
Utilities and
Commerce
Public utilities: resource adequacy requirement.
Under current law, the Public Utilities Commission has regulatory authority
over public utilities, including electrical corporations. Current law requires
the commission, in consultation with the Independent System Operator to
establish resource adequacy requirements for all load-serving entities to
achieve specified objectives. This bill would make technical, nonsubstantive
changes to that provision.
3/14/2013:
From printer.
May be heard in
committee April
13.
SB 4
Pavley D
Oil and gas: hydraulic fracturing.
Would define the terms hydraulic fracturing and hydraulic fracturing fluid.
The bill would require the Secretary of the Natural Resources Agency, on or
before January 1, 2015, to cause to be conducted an independent scientific
study on hydraulic fracturing treatments. The bill would require the Division
of Oil, Gas, and Geothermal Resources, on or before January 1, 2015, to adopt
rules and regulations specific to hydraulic fracturing, including governing the
construction of wells and well casings and full disclosure of the composition
and disposition of hydraulic fracturing. The bill would require the division to
perform random periodic spot check investigations during hydraulic
fracturing treatments, as specified. Because a violation of this bill would
create a new crime, it would impose a state-mandated local program. This bill
contains other related provisions and other existing laws.
3/13/2013:
Set for hearing
April 9.
SB 36
Rubio D
Safe, Clean, and Reliable Drinking Water Supply Act of 2012.
Would declare the intent of the Legislature to amend the Safe, Clean, and
Reliable Drinking Water Supply Act of 2012 for the purpose of reducing the
amount of the $11,140,000,000 bond.
1/10/2013:
Referred to Com.
on RLS.
SB 39
De León D
Energy: school facilities: energy efficiency upgrade projects.
Would enact the Clean Energy Employment and Student Advancement Act of
2013 and would require the Office of Public School Construction , in
consultation with the State Energy Resources Conservation and
Development Commission and the Public Utilities Commission, to establish a
school district assistance program to distribute grants, on a competitive
basis, for energy efficiency upgrade projects pursuant to the California Clean
Energy Jobs Act. This bill contains other related provisions.
3/21/2013:
From committee
with author's
amendments.
Read second time
and amended.
Re-referred to
Com. on ED.
SB 40
Pavley D
Safe, Clean, and Reliable Drinking Water Supply Act of 2012.
Would change the name of the Safe, Clean, and Reliable Drinking Water
Supply Act of 2012 to the Safe, Clean, and Reliable Drinking Water Supply Act
of 2014 and declare the intent of the Legislature to amend the act for the
purpose of reducing and potentially refocusing the $11,140,000,000 bond.
1/31/2013:
Re-referred to
Coms. on N.R. &
W. and RLS.
SB 42
Wolk D
The California Clean, Secure Water Supply and Delta Recovery Act of 2014.
Current law creates the Safe, Clean, and Reliable Drinking Water Supply Act
of 2012, which, if approved by the voters, would authorize the issuance of
bonds in the amount of $11,140,000,000 pursuant to the State General
Obligation Bond Law to finance a safe drinking water and water supply
reliability program. Current law provides for the submission of the bond act
to the voters at the November 4, 2014, statewide general election. This bill
would repeal these provisions. This bill contains other related provisions and
other current laws.
1/10/2013:
Referred to Com.
on N.R. & W.
SB 43
Wolk D
Shared renewable energy self-generation program.
Under existing law, the local government renewable energy self-generation
program authorizes a local government, as defined, to receive a bill credit, as
defined, to be applied to a designated benefiting account for electricity
exported to the electrical grid by an eligible renewable generating facility, as
defined, and requires the commission to adopt a rate tariff for the benefitting
account. This bill would state various findings and declarations, and state the
intent of the Legislature to enact legislation, relating to a shared renewable
energy self-generation program.
1/10/2013:
Referred to Com.
on RLS.
SB 64
Corbett D
Proposition 39: implementation.
Would state the intent of the Legislature to install clean energy at public
schools, universities, and colleges, and at other public buildings and facilities
consistent with the California Clean Energy Jobs Act.
1/24/2013:
Referred to Com.
on RLS.
SB 117
Rubio D
Drinking water: State Water Resources Control Board.
Would transfer the various duties and responsibilities imposed on the State
Department of Public Health by the California Safe Drinking Water Act to the
State Water Resources Control Board and make conforming changes.
1/31/2013:
Referred to
Coms. on HEALTH
and E.Q.
SB 124
Corbett D
Public contracts: bid preferences: clean energy.
Would authorize a public agency, including, but not limited to, the Trustees
of the California State University, to award a contract based on the fact that a
clean energy device, technology, or system was manufactured or assembled
in the state if the contract is an energy service contract determined to be in
the best interest of the public agency.
3/12/2013:
Set for hearing
April 2.
SB 395
Jackson D
Hazardous substances: produced water.
The Department of Toxic Substances Control is prohibited from duplicating
or adopting conflicting regulations for regulated product categories. A
violation of the hazardous waste control law is a crime. This bill would define
produced water and require its regulation as a hazardous substance during
the extraction of oil and gas, including hydraulic fracturing operations. This
bill contains other related provisions and other existing laws.
3/19/2013:
Set for hearing
April 3.
SB 802
Evans D
Oil and gas: trade secrets.
Would require the Division of Oil, Gas, and Geothermal Resources (DOGGR) in
the Department of Conservation to regulate oil and gas operations in
conformance with the provisions of the Uniform Trade Secrets Act.
3/13/2013:
Set for hearing
April 9.
SB 804
Lara D
Solid waste: energy.
Current law requires the State Energy Resources Conservation and
Development Commission (Energy Commission) to submit an annual report
to the Legislature by March 31 of each year regarding awards made pursuant
to the Public Interest Research, Development, and Demonstration Program.
This bill would require the energy commission to include in the annual report
that is due by March 31, 2015, an analysis of the opportunities for utilizing
waste conversion technologies. This bill contains other related provisions
and other current laws.
3/21/2013:
Set for hearing
April 16.
Page 6 / 8
City of Palo Alto Legislative Bills of Interest 3/25/2013
Total Measures: 41
Total Tracking Forms: 41
Community Services DepartmentBillSummary Latest ActionAB 265 Gatto D Local government liability: dog parks. Would provide that a city, county, city and county , or special district that owns or operates a dog park shall not be held liable for any injury or death suffered by any personor pet resulting solely from the actions of a dog in the dog park. 3/13/2013: Re-referred to Com. on JUD. Planning and Community EnvironmentBillSummary Latest ActionAB 5 Ammiano D Homelessness. Would enact the Homeless Person's Bill of Rights and Fairness Act, which would provide that no person's rights, privileges, or access to public services may be denied or abridged because he or she is homeless, has a low income, or suffers from a mental illness or physical disability. The bill would provide that every person in the state, regardless of actual or perceived housing status, income level, mental illness, or physical disability, shall be free from specified forms of discrimination and shall be entitled to certain basic human rights, including the right to be free from discrimination by law enforcement, in the workplace, while seeking or maintaining housing or shelter, and while seeking services. This bill contains other related provisions and other existinglaws. 1/24/2013: Referred to Com. on JUD.AB 745 Levine D Land use: housing element. Would authorize a city or county to request the appropriate council of governments to adjust a density to be deemed appropriate if it is inconsistentwith the city's or county's existing density. 3/4/2013: Referred to Coms. on H. & C.D. and L. GOV.AB 1229 Atkins D Land use: zoning regulations. The Planning and Zoning Law authorizes the legislative body of any city or county to adopt ordinances regulating zoning within its jurisdiction, as specified. This bill would additionally authorize the legislative body of any city or county to adopt ordinances to establish, as a condition of development, inclusionary housing requirements, as specified, and would declare the intentof the Legislature in adding this provision. The bill would also make a technical, nonsubstantive change. 3/7/2013: Referred to Coms. on H. & C.D. and L. GOV.SB 510 Jackson D Land use: subdivisions: rental mobilehome park conversion. Would provide that the local agency is required to consider the results of the support of residents of the mobilehome park in making its decision to approve, conditionally approve, or disapprove the map, and that the agency is authorized to disapprove the map if it finds that the results of the survey have not demonstrated the support of at least a majority of the park's homeowners. This bill would provide that local legislative bodies may enact local regulations to implement the survey requirements. This bill contains other related provisions. 3/19/2013: Set for hearing April 23. Public Works DepartmentBillSummary Latest ActionSB 7 Steinberg D Public works: charter cities. Would prohibit a charter city from receiving or using state funding or financial assistance for a construction project if the city has a charter provision or ordinance that authorizes a contractor to not comply with prevailing wage provisions on any public works contract. The bill would, except as specified, prohibit a charter city from receiving or using state funding or financial assistance for a construction project for up to 2 calendar years if the city has, after January 1, 2014, awarded a public works contract without requiring the contractor to comply with prevailing wage provisions. This bill would require the Director of Industrial Relations to maintain a list of charter cities that may receive and use state funding and financial assistance for their construction projects. 3/22/2013: Set for hearing April 8.SB 525 Galgiani D California Environmental Quality Act: exemptions. Current law exempts certain activities from The California Environmental Quality Act CEQA, including a project for the institution or increase of passenger or commuter services on rail or highway rights-of-way already in use, including modernization of existing stations and parking facilities. This bill would provide that a project by the San Joaquin Regional Rail Commission and the High-Speed Rail Authority to improve the existing tracks, structure, bridges, signaling systems, and associated appurtenances located on the existing railroad right-of-way used by the Altamont CommuterExpress service qualifies for this exemption from CEQA. 3/11/2013: Referred to Com. on E.Q.SB 557 Hill D High-speed rail. Would specify that of the $1,100,000,000 appropriated for early high-speed rail improvement projects in the Budget Act of 2012, $600,000,000 and $500,000,000 shall be allocated solely for purposes of specified memoranda of understanding approved by the High-Speed Rail Authority for the Metropolitan Transportation Commission region and the southern California region, respectively. This bill contains other related provisions. 3/11/2013: Referred to Com. on T. & H.SB 731 Steinberg D Environment: California Environmental Quality Act and sustainable communities strategy. Would state the intent of the Legislature to enact legislation revising CEQA to, among other things, provide greater certainty for smart infill development, streamline the law for specified projects, and establish a threshold of significance for specified impacts. This bill contains other related provisions and other existing laws. 3/11/2013: Referred to Com. on RLS. Utilities DepartmentBillSummary Latest ActionAB 7 Wieckowski D Oil and gas: hydraulic fracturing. Would define, among other things, hydraulic fracturing and hydraulic fracturing fluid. The bill would require an operator of a well to record and include all data on hydraulic fracturing treatment, including the risk posed bypotential seismicity, as a part of the history of the drilling of the well. The bill would require DOGGR, in consultation with the Department of Toxic Substances Control, the State Air Resources Board, and the State Water Resources Control Board, on or before January 1, 2014, to adopt rules and regulations specific to hydraulic fracturing, including governing the construction of wells and well casings and full disclosure of the composition and disposition of hydraulic fracturing. This bill contains other related provisions and other existing laws. 1/14/2013: Referred to Com. on NAT. RES.AB 29 Williams D Proposition 39: implementation. Would require the California Energy Commission to administer, in coordination with the Public Utilities Commission, the Office of the President of the University of California, the Office of the Chancellor of the California State University, and the Office of the Chancellor of the California CommunityColleges, grants, loans, or other financial assistance to the University of California, the California State University, and the California Community Colleges for projects that create jobs in California by reducing energy demand and consumption at eligible institutions. This bill contains other related provisions. 3/20/2013: Re-referred to Com. on NAT. RES.AB 39 Skinner D Proposition 39: implementation. Would require the State Energy Resources Conservation and Development Commission (Energy Commission) to administer grants, loans, or other financial assistance to an eligible institution, defined as a public school providing instruction in kindergarten or grades 1 to 12, inclusive, for the purpose of projects that create jobs in California by reducing energy demand and consumption at eligible institutions. This bill would require the Energy Commission to establish a prescribed system to prioritize eligible institutions for these grants, loans, and other financial assistance, in consultation with the Superintendent of Public Instruction. This bill contains other related provisions. 2/28/2013: Re-referred to Com. on NAT. RES.AB 114 Salas D Proposition 39: implementation. Would require the Employment Development Department, using funds madeavailable from the Clean Energy Job Creation Fund for job training and workforce development purposes, to administer grants, no-interest loans, orother financial assistance for allocation to existing workforce development programs for the purposes of creating green energy jobs in California. The billwould require the California Conservation Corps, certified community conservation corps, YouthBuild, and other existing workforce development programs to give higher priority to disadvantaged youth and veterans who reside in an economically disadvantaged community or in a community with a higher unemployment rate than the statewide unemployment rate. The bill would make legislative findings and declarations. 2/28/2013: Referred to Coms. on NAT. RES. and U. & C.AB 122 Rendon D Energy: energy assessment: nonresidential buildings: financing. Would enact the Nonresidential Building Energy Retrofit Financing Act of 2013 and would require the commission to establish the Nonresidential Building Energy Retrofit Financing Program and to develop a request for proposal for a third-party administrator by July 1, 2014 , to develop and operate the program to provide financial assistance, through authorizing theissuance of, among other things, revenue bonds, to owners of eligible nonresidential buildings for implementing energy improvements for their properties. This bill contains other related provisions and other existing laws. 3/20/2013: Re-referred to Com. on B. & F.AB 142 Perea D Safe, Clean, and Reliable Drinking Water Supply Act of 2012. Current law creates the Safe, Clean, and Reliable Drinking Water Supply Act of 2012, which, if approved by the voters, would authorize the issuance of bonds in the amount of $11,140,000,000 pursuant to the State General Obligation Bond Law to finance a safe drinking water and water supply reliability program. This bill would require a state department that expends moneys in grants or other expenditures from the bond act to provide information to the Treasurer within a specified time period including the totalamount of moneys spent on each project or program, the specific location of the project, and a detailed description of the project. This bill contains other related provisions. 3/20/2013: Re-referred to Com. on W.,P. & W.AB 145 Perea D State Water Resources Control Board: drinking water. Would transfer to the State Water Resources Control Board the various duties and responsibilities imposed on the State Department of Public Health by the California Safe Drinking Water Act. This bill contains other related provisions and other existing laws. 1/31/2013: Referred to Coms. on W.,P. & W. and E.S. & T.M.AB 288 Levine D Oil and gas: hydraulic fracturing. Would define "hydraulic fracturing" and require the operator of a well, at least 30 days prior to any hydraulic fracturing operations, to file with the State Oil and Gas Supervisor or the district deputy a written notice of intention, as specified, to commence hydraulic fracturing. The bill would also prohibit any hydraulic fracturing operations until written approval is given by the supervisor or district deputy and would require the supervisor or district deputy to notify the operator of the approval or denial of the notice within 10working days after the notice is submitted. This bill contains other related provisions and other existing laws. 2/21/2013: Referred to Com. on NAT. RES.AB 416 Gordon D State Air Resources Board: Local Emission Reduction Program. Would create the Local Emission Reduction Program and would require money to be available from the General Fund, upon appropriation by the Legislature, for purposes of providing grants and other financial assistance to develop and implement greenhouse gas emissions reduction projects in the state. The bill would require the state board, in coordination with the Strategic Growth Council, to administer the program, as specified . 3/21/2013: From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended.AB 613 Hueso D Water: water reclamation. The Water Recycling Law provides that a person recycling water or using recycled water in violation of specific provisions, after the violation has been called to the attention of that person in writing by the regional board, is guilty of a misdemeanor, as specified. This bill would make technical, nonsubstantive changes to the provision. 2/21/2013: From printer. May be heard in committee March23. AB 669 Stone D Oil and gas: drilling. Would require the well operator prior to drilling operations to submit proof to the State Oil and Gas Supervisor that the applicable regional water quality control board has approved the method and location of wastewater disposalfor the well. 3/4/2013: Referred to Com. on NAT. RES.AB 719 Hernández, Roger D Energy: energy efficiency. Would require an electrical corporation as part of the Public Utilities Act's energy efficiency targets to replace low-efficiency light bulbs with high-efficiency light bulbs in street light poles that the electrical corporation owns,at the same rate as the city, county, or city and county in which any of the electrical corporation' s street light poles are located or at the highest rate ofan adjacent city or county if the street light poles are located in a city or county that does not own any street light poles. This bill would state the intent of the Legislature that this program be funded through existing collection mechanisms, and that the implementation of this program not result in an increase in any amount collected. This bill contains other related provisions and other existing laws. 3/4/2013: Referred to Com. on U. & C.AB 982 Williams D Oil and gas: hydraulic fracturing. Would define "hydraulic fracturing." The bill would also require any notice of intent to drill, rework, or deepen a well where hydraulic fracturing will occur to include a groundwater monitoring plan for review and approval by the supervisor and the appropriate regional water quality control board, which would contain specific information relating to groundwater, water quality, and the monitoring of wells and water quality. The bill would further require any notice of intent to provide specific information regarding the amount of water, the source of the water, and the method of disposal of produced wastewater during hydraulic fracturing operations. 3/7/2013: Referred to Com. on NAT. RES.AB 1014 Williams D Energy: electrical corporations: Shared Renewable Energy Self-Generation Program. Would repeal the local government renewable energy self-generation program and enact the Shared Renewable Energy Self-Generation Program. The program would authorize a retail customer of an electrical corporation (participant) to acquire an interest, as defined, in a shared renewable energy facility, as defined, for the purpose of receiving a bill credit, as defined, to offset all or a portion of the participant's electricity usage, consistent with specified requirements. This bill contains other related provisions and other existing laws. 3/21/2013: Referred to Com. on U. & C. From committee chair, with author's amendments: Amend, and re-refer to Com. on U. & C. Read second time and amended.AB 1251 Gorell R Water quality: stormwater. Would require the Secretary for Environmental Protection to convene a stormwater task force to review, plan, and coordinate stormwater-related activity to maximize regulatory effectiveness in reducing water pollution. The bill would require the task force to meet on a quarterly basis. This bill contains other related provisions. 3/11/2013: Referred to Com. on E.S. & T.M.AB 1259 Olsen R Sacramento-San Joaquin Valley. Current law requires each city and county within the Sacramento-San Joaquin Valley, within 24 months of the adoption of the Central Valley Flood Protection Plan, to amend its general plan to include specified data, policies, and implementation measures. The city or county is also required, within 36 months of the adoption of the Central Valley Flood Protection Plan, but not more than 12 months after the amendment of its general plan, to amend its zoning ordinance to be consistent with the general plan, as amended. This bill would include, among the findings that exempt a city or county from the above-described prohibition and requirement, a finding that property in an undetermined risk area has met the urban level of flood protection based on substantial evidence in the record. This bill contains other existing laws. 3/21/2013: Referred to Com. on W.,P. & W. From committee chair, with author's amendments: Amend, and re-refer to Com. on W.,P. & W. Read second time and amended.AB 1295 Hernández, Roger D Public utilities: renewable energy: community renewables option. Would require an electrical corporation and a local publicly owned electric utility to include provisions in its tariff and addenda to a standard contract or allow an electrical generation facility, as defined, to participate in the community renewables option that would allow the facility to assign the payment by the electrical corporation or a local publicly owned electric utility due to that facility to a subscribing customer, as defined, in the form of a bill credit. The bill would, on and after January 1, 2016, require the Public Utilities Commission and the governing board of the local publicly owned electric utility to evaluate the demand for the community renewables option. This billcontains other related provisions and other existing laws. 3/21/2013: Referred to Com. on U. & C. From committee chair, with author's amendments: Amend, and re-refer to Com. on U. & C. Read second time and amended.AB 1375 Chau D California Global Warming Solutions Act of 2006: market-based compliance mechanisms: Clean Technology Investment Account. Would create the Clean Technology Investment Account within the Greenhouse Gas Reduction Fund and would require the Legislature to annually appropriate money from the Greenhouse Gas Reduction Fund into the Clean Technology Investment Account. This bill would make the funds available for the research, development, and deployment of the above-described Global Warming Solutions Act programs and projects while creating jobs and reducing greenhouse gas emissions. 3/21/2013: Referred to Com. on NAT. RES. From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended.AB 1406 Committee on Utilities and Commerce Energy: renewable energy resources. Current law establishes the California Renewables Portfolio Standard Program, which requires the Public Utilities Commission to implement annualprocurement targets for the procurement of eligible renewable energy resources, as defined, for all retail sellers, as defined, to achieve the targets and goals of the program. This bill would make a technical, nonsubstantive change to the program's legislative findings and declarations. 3/14/2013: From printer. May be heard in committee April 13. AB 1407 Committee on Utilities and Commerce Public utilities: resource adequacy requirement. Under current law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations. Current law requires the commission, in consultation with the Independent System Operator to establish resource adequacy requirements for all load-serving entities to achieve specified objectives. This bill would make technical, nonsubstantive changes to that provision. 3/14/2013: From printer. May be heard in committee April 13. SB 4 Pavley D Oil and gas: hydraulic fracturing. Would define the terms hydraulic fracturing and hydraulic fracturing fluid. The bill would require the Secretary of the Natural Resources Agency, on or before January 1, 2015, to cause to be conducted an independent scientific study on hydraulic fracturing treatments. The bill would require the Division of Oil, Gas, and Geothermal Resources, on or before January 1, 2015, to adoptrules and regulations specific to hydraulic fracturing, including governing theconstruction of wells and well casings and full disclosure of the composition and disposition of hydraulic fracturing. The bill would require the division to perform random periodic spot check investigations during hydraulic fracturing treatments, as specified. Because a violation of this bill would create a new crime, it would impose a state-mandated local program. This billcontains other related provisions and other existing laws. 3/13/2013: Set for hearing April 9.SB 36 Rubio D Safe, Clean, and Reliable Drinking Water Supply Act of 2012. Would declare the intent of the Legislature to amend the Safe, Clean, and Reliable Drinking Water Supply Act of 2012 for the purpose of reducing the amount of the $11,140,000,000 bond. 1/10/2013: Referred to Com. on RLS. SB 39 De León D Energy: school facilities: energy efficiency upgrade projects. Would enact the Clean Energy Employment and Student Advancement Act of2013 and would require the Office of Public School Construction , in consultation with the State Energy Resources Conservation and Development Commission and the Public Utilities Commission, to establish a
school district assistance program to distribute grants, on a competitive
basis, for energy efficiency upgrade projects pursuant to the California Clean
Energy Jobs Act. This bill contains other related provisions.
3/21/2013: From committee with author's amendments. Read second time
and amended.
Re-referred to
Com. on ED.
SB 40
Pavley D
Safe, Clean, and Reliable Drinking Water Supply Act of 2012.
Would change the name of the Safe, Clean, and Reliable Drinking Water
Supply Act of 2012 to the Safe, Clean, and Reliable Drinking Water Supply Act
of 2014 and declare the intent of the Legislature to amend the act for the
purpose of reducing and potentially refocusing the $11,140,000,000 bond.
1/31/2013:
Re-referred to
Coms. on N.R. &
W. and RLS.
SB 42
Wolk D
The California Clean, Secure Water Supply and Delta Recovery Act of 2014.
Current law creates the Safe, Clean, and Reliable Drinking Water Supply Act
of 2012, which, if approved by the voters, would authorize the issuance of
bonds in the amount of $11,140,000,000 pursuant to the State General
Obligation Bond Law to finance a safe drinking water and water supply
reliability program. Current law provides for the submission of the bond act
to the voters at the November 4, 2014, statewide general election. This bill
would repeal these provisions. This bill contains other related provisions and
other current laws.
1/10/2013:
Referred to Com.
on N.R. & W.
SB 43
Wolk D
Shared renewable energy self-generation program.
Under existing law, the local government renewable energy self-generation
program authorizes a local government, as defined, to receive a bill credit, as
defined, to be applied to a designated benefiting account for electricity
exported to the electrical grid by an eligible renewable generating facility, as
defined, and requires the commission to adopt a rate tariff for the benefitting
account. This bill would state various findings and declarations, and state the
intent of the Legislature to enact legislation, relating to a shared renewable
energy self-generation program.
1/10/2013:
Referred to Com.
on RLS.
SB 64
Corbett D
Proposition 39: implementation.
Would state the intent of the Legislature to install clean energy at public
schools, universities, and colleges, and at other public buildings and facilities
consistent with the California Clean Energy Jobs Act.
1/24/2013:
Referred to Com.
on RLS.
SB 117
Rubio D
Drinking water: State Water Resources Control Board.
Would transfer the various duties and responsibilities imposed on the State
Department of Public Health by the California Safe Drinking Water Act to the
State Water Resources Control Board and make conforming changes.
1/31/2013:
Referred to
Coms. on HEALTH
and E.Q.
SB 124
Corbett D
Public contracts: bid preferences: clean energy.
Would authorize a public agency, including, but not limited to, the Trustees
of the California State University, to award a contract based on the fact that a
clean energy device, technology, or system was manufactured or assembled
in the state if the contract is an energy service contract determined to be in
the best interest of the public agency.
3/12/2013:
Set for hearing
April 2.
SB 395
Jackson D
Hazardous substances: produced water.
The Department of Toxic Substances Control is prohibited from duplicating
or adopting conflicting regulations for regulated product categories. A
violation of the hazardous waste control law is a crime. This bill would define
produced water and require its regulation as a hazardous substance during
the extraction of oil and gas, including hydraulic fracturing operations. This
bill contains other related provisions and other existing laws.
3/19/2013:
Set for hearing
April 3.
SB 802
Evans D
Oil and gas: trade secrets.
Would require the Division of Oil, Gas, and Geothermal Resources (DOGGR) in
the Department of Conservation to regulate oil and gas operations in
conformance with the provisions of the Uniform Trade Secrets Act.
3/13/2013:
Set for hearing
April 9.
SB 804
Lara D
Solid waste: energy.
Current law requires the State Energy Resources Conservation and
Development Commission (Energy Commission) to submit an annual report
to the Legislature by March 31 of each year regarding awards made pursuant
to the Public Interest Research, Development, and Demonstration Program.
This bill would require the energy commission to include in the annual report
that is due by March 31, 2015, an analysis of the opportunities for utilizing
waste conversion technologies. This bill contains other related provisions
and other current laws.
3/21/2013:
Set for hearing
April 16.
Page 7 / 8
City of Palo Alto Legislative Bills of Interest 3/25/2013
Total Measures: 41
Total Tracking Forms: 41
Community Services DepartmentBillSummary Latest ActionAB 265 Gatto D Local government liability: dog parks. Would provide that a city, county, city and county , or special district that owns or operates a dog park shall not be held liable for any injury or death suffered by any personor pet resulting solely from the actions of a dog in the dog park. 3/13/2013: Re-referred to Com. on JUD. Planning and Community EnvironmentBillSummary Latest ActionAB 5 Ammiano D Homelessness. Would enact the Homeless Person's Bill of Rights and Fairness Act, which would provide that no person's rights, privileges, or access to public services may be denied or abridged because he or she is homeless, has a low income, or suffers from a mental illness or physical disability. The bill would provide that every person in the state, regardless of actual or perceived housing status, income level, mental illness, or physical disability, shall be free from specified forms of discrimination and shall be entitled to certain basic human rights, including the right to be free from discrimination by law enforcement, in the workplace, while seeking or maintaining housing or shelter, and while seeking services. This bill contains other related provisions and other existinglaws. 1/24/2013: Referred to Com. on JUD.AB 745 Levine D Land use: housing element. Would authorize a city or county to request the appropriate council of governments to adjust a density to be deemed appropriate if it is inconsistentwith the city's or county's existing density. 3/4/2013: Referred to Coms. on H. & C.D. and L. GOV.AB 1229 Atkins D Land use: zoning regulations. The Planning and Zoning Law authorizes the legislative body of any city or county to adopt ordinances regulating zoning within its jurisdiction, as specified. This bill would additionally authorize the legislative body of any city or county to adopt ordinances to establish, as a condition of development, inclusionary housing requirements, as specified, and would declare the intentof the Legislature in adding this provision. The bill would also make a technical, nonsubstantive change. 3/7/2013: Referred to Coms. on H. & C.D. and L. GOV.SB 510 Jackson D Land use: subdivisions: rental mobilehome park conversion. Would provide that the local agency is required to consider the results of the support of residents of the mobilehome park in making its decision to approve, conditionally approve, or disapprove the map, and that the agency is authorized to disapprove the map if it finds that the results of the survey have not demonstrated the support of at least a majority of the park's homeowners. This bill would provide that local legislative bodies may enact local regulations to implement the survey requirements. This bill contains other related provisions. 3/19/2013: Set for hearing April 23. Public Works DepartmentBillSummary Latest ActionSB 7 Steinberg D Public works: charter cities. Would prohibit a charter city from receiving or using state funding or financial assistance for a construction project if the city has a charter provision or ordinance that authorizes a contractor to not comply with prevailing wage provisions on any public works contract. The bill would, except as specified, prohibit a charter city from receiving or using state funding or financial assistance for a construction project for up to 2 calendar years if the city has, after January 1, 2014, awarded a public works contract without requiring the contractor to comply with prevailing wage provisions. This bill would require the Director of Industrial Relations to maintain a list of charter cities that may receive and use state funding and financial assistance for their construction projects. 3/22/2013: Set for hearing April 8.SB 525 Galgiani D California Environmental Quality Act: exemptions. Current law exempts certain activities from The California Environmental Quality Act CEQA, including a project for the institution or increase of passenger or commuter services on rail or highway rights-of-way already in use, including modernization of existing stations and parking facilities. This bill would provide that a project by the San Joaquin Regional Rail Commission and the High-Speed Rail Authority to improve the existing tracks, structure, bridges, signaling systems, and associated appurtenances located on the existing railroad right-of-way used by the Altamont CommuterExpress service qualifies for this exemption from CEQA. 3/11/2013: Referred to Com. on E.Q.SB 557 Hill D High-speed rail. Would specify that of the $1,100,000,000 appropriated for early high-speed rail improvement projects in the Budget Act of 2012, $600,000,000 and $500,000,000 shall be allocated solely for purposes of specified memoranda of understanding approved by the High-Speed Rail Authority for the Metropolitan Transportation Commission region and the southern California region, respectively. This bill contains other related provisions. 3/11/2013: Referred to Com. on T. & H.SB 731 Steinberg D Environment: California Environmental Quality Act and sustainable communities strategy. Would state the intent of the Legislature to enact legislation revising CEQA to, among other things, provide greater certainty for smart infill development, streamline the law for specified projects, and establish a threshold of significance for specified impacts. This bill contains other related provisions and other existing laws. 3/11/2013: Referred to Com. on RLS. Utilities DepartmentBillSummary Latest ActionAB 7 Wieckowski D Oil and gas: hydraulic fracturing. Would define, among other things, hydraulic fracturing and hydraulic fracturing fluid. The bill would require an operator of a well to record and include all data on hydraulic fracturing treatment, including the risk posed bypotential seismicity, as a part of the history of the drilling of the well. The bill would require DOGGR, in consultation with the Department of Toxic Substances Control, the State Air Resources Board, and the State Water Resources Control Board, on or before January 1, 2014, to adopt rules and regulations specific to hydraulic fracturing, including governing the construction of wells and well casings and full disclosure of the composition and disposition of hydraulic fracturing. This bill contains other related provisions and other existing laws. 1/14/2013: Referred to Com. on NAT. RES.AB 29 Williams D Proposition 39: implementation. Would require the California Energy Commission to administer, in coordination with the Public Utilities Commission, the Office of the President of the University of California, the Office of the Chancellor of the California State University, and the Office of the Chancellor of the California CommunityColleges, grants, loans, or other financial assistance to the University of California, the California State University, and the California Community Colleges for projects that create jobs in California by reducing energy demand and consumption at eligible institutions. This bill contains other related provisions. 3/20/2013: Re-referred to Com. on NAT. RES.AB 39 Skinner D Proposition 39: implementation. Would require the State Energy Resources Conservation and Development Commission (Energy Commission) to administer grants, loans, or other financial assistance to an eligible institution, defined as a public school providing instruction in kindergarten or grades 1 to 12, inclusive, for the purpose of projects that create jobs in California by reducing energy demand and consumption at eligible institutions. This bill would require the Energy Commission to establish a prescribed system to prioritize eligible institutions for these grants, loans, and other financial assistance, in consultation with the Superintendent of Public Instruction. This bill contains other related provisions. 2/28/2013: Re-referred to Com. on NAT. RES.AB 114 Salas D Proposition 39: implementation. Would require the Employment Development Department, using funds madeavailable from the Clean Energy Job Creation Fund for job training and workforce development purposes, to administer grants, no-interest loans, orother financial assistance for allocation to existing workforce development programs for the purposes of creating green energy jobs in California. The billwould require the California Conservation Corps, certified community conservation corps, YouthBuild, and other existing workforce development programs to give higher priority to disadvantaged youth and veterans who reside in an economically disadvantaged community or in a community with a higher unemployment rate than the statewide unemployment rate. The bill would make legislative findings and declarations. 2/28/2013: Referred to Coms. on NAT. RES. and U. & C.AB 122 Rendon D Energy: energy assessment: nonresidential buildings: financing. Would enact the Nonresidential Building Energy Retrofit Financing Act of 2013 and would require the commission to establish the Nonresidential Building Energy Retrofit Financing Program and to develop a request for proposal for a third-party administrator by July 1, 2014 , to develop and operate the program to provide financial assistance, through authorizing theissuance of, among other things, revenue bonds, to owners of eligible nonresidential buildings for implementing energy improvements for their properties. This bill contains other related provisions and other existing laws. 3/20/2013: Re-referred to Com. on B. & F.AB 142 Perea D Safe, Clean, and Reliable Drinking Water Supply Act of 2012. Current law creates the Safe, Clean, and Reliable Drinking Water Supply Act of 2012, which, if approved by the voters, would authorize the issuance of bonds in the amount of $11,140,000,000 pursuant to the State General Obligation Bond Law to finance a safe drinking water and water supply reliability program. This bill would require a state department that expends moneys in grants or other expenditures from the bond act to provide information to the Treasurer within a specified time period including the totalamount of moneys spent on each project or program, the specific location of the project, and a detailed description of the project. This bill contains other related provisions. 3/20/2013: Re-referred to Com. on W.,P. & W.AB 145 Perea D State Water Resources Control Board: drinking water. Would transfer to the State Water Resources Control Board the various duties and responsibilities imposed on the State Department of Public Health by the California Safe Drinking Water Act. This bill contains other related provisions and other existing laws. 1/31/2013: Referred to Coms. on W.,P. & W. and E.S. & T.M.AB 288 Levine D Oil and gas: hydraulic fracturing. Would define "hydraulic fracturing" and require the operator of a well, at least 30 days prior to any hydraulic fracturing operations, to file with the State Oil and Gas Supervisor or the district deputy a written notice of intention, as specified, to commence hydraulic fracturing. The bill would also prohibit any hydraulic fracturing operations until written approval is given by the supervisor or district deputy and would require the supervisor or district deputy to notify the operator of the approval or denial of the notice within 10working days after the notice is submitted. This bill contains other related provisions and other existing laws. 2/21/2013: Referred to Com. on NAT. RES.AB 416 Gordon D State Air Resources Board: Local Emission Reduction Program. Would create the Local Emission Reduction Program and would require money to be available from the General Fund, upon appropriation by the Legislature, for purposes of providing grants and other financial assistance to develop and implement greenhouse gas emissions reduction projects in the state. The bill would require the state board, in coordination with the Strategic Growth Council, to administer the program, as specified . 3/21/2013: From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended.AB 613 Hueso D Water: water reclamation. The Water Recycling Law provides that a person recycling water or using recycled water in violation of specific provisions, after the violation has been called to the attention of that person in writing by the regional board, is guilty of a misdemeanor, as specified. This bill would make technical, nonsubstantive changes to the provision. 2/21/2013: From printer. May be heard in committee March23. AB 669 Stone D Oil and gas: drilling. Would require the well operator prior to drilling operations to submit proof to the State Oil and Gas Supervisor that the applicable regional water quality control board has approved the method and location of wastewater disposalfor the well. 3/4/2013: Referred to Com. on NAT. RES.AB 719 Hernández, Roger D Energy: energy efficiency. Would require an electrical corporation as part of the Public Utilities Act's energy efficiency targets to replace low-efficiency light bulbs with high-efficiency light bulbs in street light poles that the electrical corporation owns,at the same rate as the city, county, or city and county in which any of the electrical corporation' s street light poles are located or at the highest rate ofan adjacent city or county if the street light poles are located in a city or county that does not own any street light poles. This bill would state the intent of the Legislature that this program be funded through existing collection mechanisms, and that the implementation of this program not result in an increase in any amount collected. This bill contains other related provisions and other existing laws. 3/4/2013: Referred to Com. on U. & C.AB 982 Williams D Oil and gas: hydraulic fracturing. Would define "hydraulic fracturing." The bill would also require any notice of intent to drill, rework, or deepen a well where hydraulic fracturing will occur to include a groundwater monitoring plan for review and approval by the supervisor and the appropriate regional water quality control board, which would contain specific information relating to groundwater, water quality, and the monitoring of wells and water quality. The bill would further require any notice of intent to provide specific information regarding the amount of water, the source of the water, and the method of disposal of produced wastewater during hydraulic fracturing operations. 3/7/2013: Referred to Com. on NAT. RES.AB 1014 Williams D Energy: electrical corporations: Shared Renewable Energy Self-Generation Program. Would repeal the local government renewable energy self-generation program and enact the Shared Renewable Energy Self-Generation Program. The program would authorize a retail customer of an electrical corporation (participant) to acquire an interest, as defined, in a shared renewable energy facility, as defined, for the purpose of receiving a bill credit, as defined, to offset all or a portion of the participant's electricity usage, consistent with specified requirements. This bill contains other related provisions and other existing laws. 3/21/2013: Referred to Com. on U. & C. From committee chair, with author's amendments: Amend, and re-refer to Com. on U. & C. Read second time and amended.AB 1251 Gorell R Water quality: stormwater. Would require the Secretary for Environmental Protection to convene a stormwater task force to review, plan, and coordinate stormwater-related activity to maximize regulatory effectiveness in reducing water pollution. The bill would require the task force to meet on a quarterly basis. This bill contains other related provisions. 3/11/2013: Referred to Com. on E.S. & T.M.AB 1259 Olsen R Sacramento-San Joaquin Valley. Current law requires each city and county within the Sacramento-San Joaquin Valley, within 24 months of the adoption of the Central Valley Flood Protection Plan, to amend its general plan to include specified data, policies, and implementation measures. The city or county is also required, within 36 months of the adoption of the Central Valley Flood Protection Plan, but not more than 12 months after the amendment of its general plan, to amend its zoning ordinance to be consistent with the general plan, as amended. This bill would include, among the findings that exempt a city or county from the above-described prohibition and requirement, a finding that property in an undetermined risk area has met the urban level of flood protection based on substantial evidence in the record. This bill contains other existing laws. 3/21/2013: Referred to Com. on W.,P. & W. From committee chair, with author's amendments: Amend, and re-refer to Com. on W.,P. & W. Read second time and amended.AB 1295 Hernández, Roger D Public utilities: renewable energy: community renewables option. Would require an electrical corporation and a local publicly owned electric utility to include provisions in its tariff and addenda to a standard contract or allow an electrical generation facility, as defined, to participate in the community renewables option that would allow the facility to assign the payment by the electrical corporation or a local publicly owned electric utility due to that facility to a subscribing customer, as defined, in the form of a bill credit. The bill would, on and after January 1, 2016, require the Public Utilities Commission and the governing board of the local publicly owned electric utility to evaluate the demand for the community renewables option. This billcontains other related provisions and other existing laws. 3/21/2013: Referred to Com. on U. & C. From committee chair, with author's amendments: Amend, and re-refer to Com. on U. & C. Read second time and amended.AB 1375 Chau D California Global Warming Solutions Act of 2006: market-based compliance mechanisms: Clean Technology Investment Account. Would create the Clean Technology Investment Account within the Greenhouse Gas Reduction Fund and would require the Legislature to annually appropriate money from the Greenhouse Gas Reduction Fund into the Clean Technology Investment Account. This bill would make the funds available for the research, development, and deployment of the above-described Global Warming Solutions Act programs and projects while creating jobs and reducing greenhouse gas emissions. 3/21/2013: Referred to Com. on NAT. RES. From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended.AB 1406 Committee on Utilities and Commerce Energy: renewable energy resources. Current law establishes the California Renewables Portfolio Standard Program, which requires the Public Utilities Commission to implement annualprocurement targets for the procurement of eligible renewable energy resources, as defined, for all retail sellers, as defined, to achieve the targets and goals of the program. This bill would make a technical, nonsubstantive change to the program's legislative findings and declarations. 3/14/2013: From printer. May be heard in committee April 13. AB 1407 Committee on Utilities and Commerce Public utilities: resource adequacy requirement. Under current law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations. Current law requires the commission, in consultation with the Independent System Operator to establish resource adequacy requirements for all load-serving entities to achieve specified objectives. This bill would make technical, nonsubstantive changes to that provision. 3/14/2013: From printer. May be heard in committee April 13. SB 4 Pavley D Oil and gas: hydraulic fracturing. Would define the terms hydraulic fracturing and hydraulic fracturing fluid. The bill would require the Secretary of the Natural Resources Agency, on or before January 1, 2015, to cause to be conducted an independent scientific study on hydraulic fracturing treatments. The bill would require the Division of Oil, Gas, and Geothermal Resources, on or before January 1, 2015, to adoptrules and regulations specific to hydraulic fracturing, including governing theconstruction of wells and well casings and full disclosure of the composition and disposition of hydraulic fracturing. The bill would require the division to perform random periodic spot check investigations during hydraulic fracturing treatments, as specified. Because a violation of this bill would create a new crime, it would impose a state-mandated local program. This billcontains other related provisions and other existing laws. 3/13/2013: Set for hearing April 9.SB 36 Rubio D Safe, Clean, and Reliable Drinking Water Supply Act of 2012. Would declare the intent of the Legislature to amend the Safe, Clean, and Reliable Drinking Water Supply Act of 2012 for the purpose of reducing the amount of the $11,140,000,000 bond. 1/10/2013: Referred to Com. on RLS. SB 39 De León D Energy: school facilities: energy efficiency upgrade projects. Would enact the Clean Energy Employment and Student Advancement Act of2013 and would require the Office of Public School Construction , in consultation with the State Energy Resources Conservation and Development Commission and the Public Utilities Commission, to establish a school district assistance program to distribute grants, on a competitive basis, for energy efficiency upgrade projects pursuant to the California Clean Energy Jobs Act. This bill contains other related provisions. 3/21/2013: From committee with author's amendments. Read second timeand amended. Re-referred to Com. on ED.SB 40 Pavley D Safe, Clean, and Reliable Drinking Water Supply Act of 2012. Would change the name of the Safe, Clean, and Reliable Drinking Water Supply Act of 2012 to the Safe, Clean, and Reliable Drinking Water Supply Act of 2014 and declare the intent of the Legislature to amend the act for the purpose of reducing and potentially refocusing the $11,140,000,000 bond. 1/31/2013: Re-referred to Coms. on N.R. & W. and RLS.SB 42 Wolk D The California Clean, Secure Water Supply and Delta Recovery Act of 2014. Current law creates the Safe, Clean, and Reliable Drinking Water Supply Act of 2012, which, if approved by the voters, would authorize the issuance of bonds in the amount of $11,140,000,000 pursuant to the State General Obligation Bond Law to finance a safe drinking water and water supply reliability program. Current law provides for the submission of the bond act to the voters at the November 4, 2014, statewide general election. This bill would repeal these provisions. This bill contains other related provisions and other current laws. 1/10/2013: Referred to Com. on N.R. & W.SB 43 Wolk D Shared renewable energy self-generation program. Under existing law, the local government renewable energy self-generation program authorizes a local government, as defined, to receive a bill credit, as defined, to be applied to a designated benefiting account for electricity exported to the electrical grid by an eligible renewable generating facility, as defined, and requires the commission to adopt a rate tariff for the benefittingaccount. This bill would state various findings and declarations, and state theintent of the Legislature to enact legislation, relating to a shared renewable energy self-generation program. 1/10/2013: Referred to Com. on RLS. SB 64 Corbett D Proposition 39: implementation. Would state the intent of the Legislature to install clean energy at public schools, universities, and colleges, and at other public buildings and facilities consistent with the California Clean Energy Jobs Act. 1/24/2013: Referred to Com. on RLS. SB 117 Rubio D Drinking water: State Water Resources Control Board. Would transfer the various duties and responsibilities imposed on the State Department of Public Health by the California Safe Drinking Water Act to the State Water Resources Control Board and make conforming changes. 1/31/2013: Referred to Coms. on HEALTHand E.Q.SB 124 Corbett D Public contracts: bid preferences: clean energy. Would authorize a public agency, including, but not limited to, the Trustees of the California State University, to award a contract based on the fact that aclean energy device, technology, or system was manufactured or assembled in the state if the contract is an energy service contract determined to be in the best interest of the public agency. 3/12/2013: Set for hearing April 2.SB 395 Jackson D Hazardous substances: produced water. The Department of Toxic Substances Control is prohibited from duplicating or adopting conflicting regulations for regulated product categories. A violation of the hazardous waste control law is a crime. This bill would define produced water and require its regulation as a hazardous substance during the extraction of oil and gas, including hydraulic fracturing operations. This bill contains other related provisions and other existing laws. 3/19/2013: Set for hearing April 3.SB 802 Evans D Oil and gas: trade secrets. Would require the Division of Oil, Gas, and Geothermal Resources (DOGGR) inthe Department of Conservation to regulate oil and gas operations in conformance with the provisions of the Uniform Trade Secrets Act. 3/13/2013: Set for hearing April 9.
SB 804
Lara D
Solid waste: energy.
Current law requires the State Energy Resources Conservation and
Development Commission (Energy Commission) to submit an annual report
to the Legislature by March 31 of each year regarding awards made pursuant
to the Public Interest Research, Development, and Demonstration Program.
This bill would require the energy commission to include in the annual report
that is due by March 31, 2015, an analysis of the opportunities for utilizing
waste conversion technologies. This bill contains other related provisions
and other current laws.
3/21/2013:
Set for hearing
April 16.
Page 8 / 8
POLICY AND SERVICES COMMITTEE
DRAFT EXCERPT
Page 1 of 8
Attachment D
Regular Meeting
February 12, 2013
3. Discussion and Review of the Legislative Action Program Manual and
the 2013 Federal and State Legislative Priorities.
Chair Kniss reported she, the Mayor, and Sheila Tucker had discussed the
report from Van Scoyoc Associates. She requested Mr. Young and Mr.
Palmer provide highlights from their report.
Steve Palmer, Van Scoyoc Associates, provided an overview of the federal
legislative process. There was slightly more political comity in Washington
after the Taxpayer Relief Act passed. Federal legislators working together
was a positive sign. The new group of legislators was not as conservative as
the prior group. Many positions in the Cabinet were being replaced. The
President and Republicans indicated they wanted immigration reform, gun
control, and budget reform. The sequence of events around those issues
would frame either constructive legislation or gridlock for the following two
years. Most people in Washington felt sequestration would occur on March
1, 2013. If sequestration occurred, there would be a dramatic cutback in
overall spending. He felt a showdown on spending would occur on the
appropriations bill at the end of March, which could result in a government
shutdown.
Chair Kniss asked about the effect on cities.
Mr. Palmer explained the effect would be a great deal of uncertainty about
whether funding would flow from the federal government. In addition,
furloughed employees would slow the funding stream. At the end of May
2013, the debt limit issue would return. These major fiscal issues would
determine whether or not this Congress worked together.
Council Member Klein expected sequestration to occur on March 1, 2013 and
inquired how sequestration would affect the atmosphere in Washington.
Chair Kniss requested an explanation of sequestration.
DRAFT EXCERPT
Page 2 of 8
Policy and Services Committee Regular Meeting
Draft Excerpt 02/12/13
Mr. Palmer reported sequestration was a mechanism by which Congress and
the President required $1.2 trillion be saved through either spending cuts or
new revenue, or $109 billion each year for ten years be removed from
federal spending. Prior sequestration measures had been rescinded.
Sequestration would be significantly harmful to people working in the federal
government.
Council Member Klein asked why different amounts were being stated in
sequestration discussions.
Mr. Palmer could not answer that. He guessed the amounts were larger
than necessary to allow for negotiations.
Council Member Price inquired whether sequestration would result in
appropriated funds being held rather than distributed.
Mr. Palmer stated appropriated funds would not be held. Congress had
appropriated funds through March 27, 2013, but had yet to act on funding
beyond March 27. Because the Office of Management and Budget had been
holding funds, budget cuts would come from existing funding and future
funding.
Council Member Price indicated the uncertainty resulted from not knowing
where budget cuts would occur.
Mr. Palmer agreed. The process of sequestration required more budget cuts
on December 31, 2013. Additional uncertainty resulted from not knowing if
the President and Congress would allow a second round of budget cuts or
negotiate a deal. The $109 billion per year budget cuts would shrink over
time because of interest savings. $4 billion would be cut from the budget in
Fiscal Year (FY) 2013 and $8 billion more in FY 2014. Substantial cuts would
occur no matter what.
James Keene, City Manager, inquired about the amount of the federal
budget for FY 2013.
Mr. Palmer believed it was more than $1 trillion.
Thane Young, Van Scoyoc Associates, suggested the budget amount was
$1.2 trillion.
DRAFT EXCERPT
Page 3 of 8
Policy and Services Committee Regular Meeting
Draft Excerpt 02/12/13
Chair Kniss recalled sequestration concerned a division between military and
human services, and inquired whether that division would continue.
Mr. Palmer explained half of sequestration cuts would come from defense
and half from non-defense domestic programs.
Chair Kniss indicated the non-defense programs would affect human services
and cities and counties. Sequestration would have a chilling effect. She
asked Mr. Palmer and Mr. Young to discuss the services they provided to the
City.
Mr. Young reported they notified the City of federal grant opportunities,
monitored High Speed Rail (HSR), and dealt with flood control improvements
on San Francisquito Creek. They were active in a provision of the
reauthorization of the National Flood Insurance Program which would have
required all residents to continue paying flood insurance after the flood
protection system was complete. They were able to defeat that provision in
both the House and the Senate.
Council Member Klein felt that was a significant achievement.
Mr. Young noted the City was heavily engaged on that issue.
Council Member Klein inquired about the groups supporting the provision.
Mr. Young indicated supporters were the insurance community and people
concerned that the Flood Insurance Program encouraged development in
flood plain areas. It was a difficult issue, because national organizations did
not have specific policies.
Chair Kniss inquired whether Van Scoyoc Associates represented other cities
on the flood insurance provision.
Mr. Young responded yes.
Mr. Palmer added they had worked on the transportation bill to preserve
funding for bike and pedestrian projects, but were not as successful because
funding was decreased by approximately one half.
Chair Kniss felt there was time to alter that funding because the Moving
Ahead for Progress in the 21st Century Act (MAP-21) was for two years.
DRAFT EXCERPT
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Policy and Services Committee Regular Meeting
Draft Excerpt 02/12/13
Mr. Palmer stated they could work with the City to try to restore funding
through coalitions with others. In addition, they worked on the Post Office
acquisition; however, that was placed on hold as the City developed
background information.
Chair Kniss noted the Post Office was a concern for the City and a historical
landmark.
Council Member Klein asked what would happen with the United States
Postal Service (USPS) with respect to the cut backs.
Mr. Young explained the USPS was not a federal agency; it operated on its
own.
Chair Kniss requested an explanation of the USPS's relationship to the
federal government.
Mr. Young knew the USPS was not a federal agency, but was unsure how it
operated. The USPS was insolvent, yet it did not want to sell or modernize
assets.
Chair Kniss inquired whether the USPS received federal funding.
Mr. Young believed it did.
Mr. Palmer explained the USPS reduced services in order to acquire federal
funding.
Mr. Keene reported market forces and funding actuarial costs of pension
plans and benefits were major problems for the USPS.
Council Member Klein stated the USPS could reduce services, because it was
no longer borrowing from the federal government.
Chair Kniss noted Council priorities of the creek, flood insurance, and HSR.
Without earmarks, the City was relegated to applying for grants. She hoped
Van Scoyoc Associates would bring more grant opportunities to the City.
Mr. Palmer explained earmarked funds would still be distributed through
discretionary grants. Federal agencies did solicit grant proposals, and they
spent a fair amount of time working with different departments and agencies
DRAFT EXCERPT
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Policy and Services Committee Regular Meeting
Draft Excerpt 02/12/13
to understand what they were looking for. The agencies who characterized
their projects as fulfilling the Administration's goals were more likely to
receive grants. They attempted to help by targeting those grant
opportunities.
Mr. Young wanted to take the unique strengths of Palo Alto to the federal
agencies and look for opportunities to match federal objectives with Palo
Alto's capabilities. Agencies would also direct-fund projects not listed for
solicitation when they knew a community could meet its objectives.
Chair Kniss inquired whether Council Members should meet with agencies to
establish personal relationships.
Mr. Young stated Council Members' presence indicated the community
commitment. That was important.
Council Member Price believed Mr. Young and Mr. Palmer were generally
discussing capital projects and asked if their advising and guidance related
to capital projects.
Mr. Young indicated they advised on every kind of service, not just capital
improvement projects. When grant programs allocated funds based on a
formula, there was little they could do to impact the formula-driven
programs.
Council Member Price felt Palo Alto's demographics worked for and against
the Council depending on the projects. Palo Alto was not a direct service
agency.
Council Member Klein suggested Council Members visit agencies while
attending the National League of Cities meeting in March 2013.
Chair Kniss expressed concern about meeting with agencies during that visit
because so many cities were present in Washington and time was limited.
Mr. Young explained it was difficult to obtain meetings with legislators during
the National League of Cities conference. They would concentrate their
efforts on meeting with federal agencies.
DRAFT EXCERPT
Page 6 of 8
Policy and Services Committee Regular Meeting
Draft Excerpt 02/12/13
Council Member Klein was far more interested in meeting with agencies than
ceremonial visits to Congressmen. He was also interested in meeting with
Administration officials with regard to technology.
Chair Kniss noted Congresswoman Eshoo had been on the tech committee
for quite some time.
Mr. Palmer clarified she was on the Energy and Commerce Committee which
had a broad range of trade, technology and healthcare issues.
Mr. Young stated the new chairman at the Rail Subcommittee had
jurisdiction over HSR issues and he was from Northern California. It was
important for the City to communicate its interests and concerns about HSR
to him. They wanted to take advantage of that opportunity when Council
Members were in Washington.
Council Member Klein recalled Mayor Espinosa met with him two years ago.
Mr. Palmer explained the rail authorization bill was the only bill the Rail
Subcommittee had to act on this year. The chairman would be in a prime
position to affect HSR policy.
Sheila Tucker, Assistant to the City Manager, suggested a tighter integration
with the Utilities Legislative Program.
Council Member Price inquired whether Van Scoyoc Associates had other
recommendations.
Mr. Palmer reported that Palo Alto's location at the center of Silicon Valley
and high tech growth in the region gave Palo Alto the opportunity to
communicate to the Administration and Congress that this area worked
successfully. They could position the City to highlight the economic success.
Communicating priorities as they developed and changed was important in
finding the best programs for the City. Working together throughout the
year would create new opportunities.
Council Member Price stated Palo Alto was not the only city interested in
pursuing funding opportunities.
Council Member Klein inquired whether Van Scoyoc had some presence in
Sacramento.
DRAFT EXCERPT
Page 7 of 8
Policy and Services Committee Regular Meeting
Draft Excerpt 02/12/13
Mr. Young reported at one point he did some lobbying at the state level, but
did not do so now.
Council Member Klein asked if they any thoughts on expanding their work
with state lobbyists.
Mr. Palmer explained they had regular conference calls with City Staff and
the HSR state lobbyist to compare notes and suggest complementary
strategies. That had worked very well but it might not work as well on other
issues. Knowing what the City was doing on the state level helped their
work.
Mr. Keene inquired about comprehensive immigration legislation.
Mr. Young stated people in Washington were interested in allowing more
highly skilled, highly educated foreigners to stay in the country. There was
a great deal of sympathy to change the program to encourage more of that.
This was one area where there would be legislation in the current year.
Mr. Palmer indicated Congress supported immigration but the question was
how far Congress would reach beyond the issues of border control and
amnesty.
Chair Kniss inquired whether they could arrange meetings with agencies.
Mr. Palmer said they would provide an itinerary and schedule meetings.
Chair Kniss inquired whether Van Scoyoc Associates would be interested in
participating at meetings through conference calls.
Mr. Young replied yes.
Ms. Tucker noted the other two elements of the Agenda Item were the
Legislative Program Action Manual and the State Legislative Priorities. The
Manual provided the Guiding Principles for legislative advocacy and
management of the program. When issues arose, Staff first determined if
they were a priority or fit within the Guiding Principles. Staff made positive
steps in organizing advocacy efforts. Topics to track closely were pension
reform regulations and interpretations, HSR, California Environmental
Quality Act (CEQA) reform, and a potential reduction in the two-thirds
requirement for bond measures.
Chair Kniss suggested use of a state lobbyist in the future.
DRAFT EXCERPT
Page 8 of 8
Policy and Services Committee Regular Meeting
Draft Excerpt 02/12/13
Council Member Price inquired whether Staff had talked with Silicon Valley
Leadership Group to understand its position on CEQA reform.
Chair Kniss asked Council Member Price to explain Silicon Valley Leadership
Group's position on CEQA reform.
Council Member Price understood they were not taking a strong position on
preserving CEQA. They believed CEQA had been misused in many
communities and the original intent of CEQA was being eroded.
Richard Hackmann, Management Specialist, reported there were two camps
on CEQA reform; one for limited changes and the other for significant
changes. It was difficult to track legislation because no drafts had been
issued and all conversations of high level leadership occurred in private.
Staff was monitoring CEQA and would report as soon as draft legislation was
provided.
Council Member Klein did not believe the City had any common ground with
Silicon Valley Leadership Group.
Council Member Price believed it would be good to know the opposing
position in order to strengthen Palo Alto's position.
Council Member Klein felt the situation would be a nightmare if the Governor
gave HSR a blanket exemption from CEQA. This issue was ripe for
unintended consequences.
MOTION: Council Member Price moved, seconded by Council Member Klein
to recommend the City Council approve: 1) the Legislative Program Action
Manual; 2) the 2013 Federal Legislative priorities and review of 2012
activities; and 3) the 2013 State Legislative priorities and review of 2012
activities.
MOTION PASSED: 3-0 Holman absent
CITY OF PALO ALTO OFFICE OF THE CITY CLERK
April 1, 2013
The Honorable City Council
Palo Alto, California
Direct City Clerk to Return Ballot Designating the City Council's Vote
for the Two League of California Cities Amendments to Membership
Bylaws
The League of California Cities Executive Director, Chris McKenzie, forwarded two amendments
to the League’s Bylaws to the membership. The proposed amendments would amend the
Bylaws to provide that:
1. Resolutions submitted to the League for presentation to the General Assembly must be
concurred in by at least five or more cities or by city officials from at least five or more
cities.
2. The League Board may take a position on a statewide ballot measure by a 2/3rd vote of
those Directors present. Currently, the Board may take positions with a simple majority
vote.
As provided by the League’s Bylaws, the Board of Directors is submitting these amendments to
the membership for approval by mail ballot. The ballot must be returned by April 19, 2013.
Attached please find the letter from Mr. McKenzie along with the proposed resolution. Staff
respectfully requests the Council to determine how they would like to vote on the amendments
and direct the City Clerk to return the ballot to the League.
ATTACHMENTS:
League of California Cities Letter and Proposed Resolution (PDF)
Department Head: Donna Grider, City Clerk
Page 2
City of Palo Alto (ID # 3685)
City Council Staff Report
Report Type: Meeting Date: 4/1/2013
City of Palo Alto Page 1
Summary Title: Rainbow Flag Raising, Proposition 8, and DOMA
Title: Authorization to the City Manager to Fly the Rainbow Flag in King Plaza
and Potential Adoption of a Resolution Authorizing the City Manager to Fly
the Rainbow Flag in King Plaza; and Possible Additional Discussion and
Action Adopting a Position Regarding Proposition 8 and/or the Federal
Defense of Marriage Act (DOMA)
From: City Manager
Lead Department: City Manager
Recommendation
Staff recommends that Council authorize the City Manager to fly the Rainbow Flag in King Plaza
and potentially adopt a resolution authorizing the City Manager to Fly the Rainbow Flag in King
Plaza; and have possible additional discussion and action adopting a position regarding
Proposition 8 and/or the federal Defense of Marriage Act (DOMA).
Background
In May 2008, the California Supreme Court determined that the California Constitution’s
guarantees of privacy, liberty and equal protection gave same-sex couples the right to marry in
California. In November 2008, California voters, by a margin of 52% to 48%, overturned the
Supreme Court’s decision by approving Proposition 8, an initiative that amended the California
Constitution to define marriage as a union of a man and a woman. Santa Clara County rejected
Proposition 8 by a margin of 55.8% to 44.2%, and voters in Palo Alto rejected Proposition 8 by
an even greater margin of 76% to 24%.
Gay and lesbian couples sued to overturn Proposition 8 on the grounds that it violates federal
constitutional rights to equal protection and due process of the law. Nearly two dozen cities
and counties representing 17 million Californians have since joined the litigation opposing
Proposition 8, including the cities of Fremont, Laguna Beach, Los Angeles, Oakland, San Diego,
Santa Cruz, Santa Monica and Sebastopol, and the counties of Alameda, Los Angeles, Marin,
San Mateo, Santa Clara and Santa Cruz. Gays and lesbians also challenged the federal Defense
of Marriage Act (DOMA), a federal statute that defines marriage as a union of one man and one
City of Palo Alto Page 2
woman, on the grounds that it violates the U.S. Constitution’s guarantee of equal protection
and due process of the law.
On March 26 and March 27, 2013, the United States Supreme Court heard oral arguments in
the Proposition 8 and DOMA cases, and have now taken the two matters under submission
with decisions expected by June 2013. A number of Bay Area cities, including Oakland and San
Leandro, in recognition of the Supreme Court arguments and the imminent decisions in the
Proposition 8 and DOMA cases, are flying the lesbian, gay, bisexual, and transgender (LGBT)
Rainbow Flag to symbolize political and cultural support for marriage equality and opposition to
Proposition 8 and DOMA.
Discussion
The City has a policy regarding the flying of the national, state and local flags at half-staff to
recognize the passing of certain officials, but does not otherwise have an official policy
addressing the flying of specialized flags on a time-limited basis for the purposes of celebration
or to recognize significant cultural, historic or community events. Staff will evaluate a uniform
policy on the raising of special flags within the context of existing state and federal flag
protocols.
The proposed action authorizes the City Manager, at his discretion, to temporarily fly the LGBT
Rainbow Flag at key times and events during the proceedings in the Supreme Court on
Proposition 8 and the DOMA cases related to same-sex marriage. The City Council may also
wish to discuss and consider taking a position on Proposition 8 and/or the federal Defense of
Marriage Act (DOMA).
Attachments:
Attachment A. Resolution (DOC)
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
WHEREAS, in May 2008, the California Supreme Court determined that the California
Constitution’s guarantees of privacy, liberty and equal protection gave same-sex couples the
right to marry in California; and
WHEREAS, in November 2008, California voters, by a margin of 52% to 48%, overturned the
Supreme Court’s decision by approving Proposition 8, an initiative that amended the California
Constitution to define marriage as a union of a man and a woman; and
WHEREAS, voters in Santa Clara County rejected Proposition 8 by a margin of 55.8% to 44.2%;
and voters in Palo Alto rejected Proposition 8 by an even greater margin of 76% to 24%; and
WHEREAS, gay and lesbian couples sued to overturn Proposition 8 on the grounds that it
violates federal constitutional rights to equal protection and due process of the law; and
WHEREAS, the City of San Francisco joined the effort to overturn Proposition 8, arguing that the
public sector’s interest in economic and revenue development are harmed by the ban on same-
sex marriage; and
WHEREAS, nearly two dozen cities and counties representing 17 million Californians joined San
Francisco in the litigation opposing Proposition 8, including the cities of Fremont, Laguna Beach,
Los Angeles, Oakland, San Diego, Santa Cruz, Santa Monica and Sebastopol, and the counties of
Alameda, Los Angeles, Marin, San Mateo, Santa Clara and Santa Cruz; and
WHEREAS, gays and lesbians also challenged the federal Defense of Marriage Act (DOMA), a
federal statute that defines marriage as a union of one man and one woman, on the grounds
that it violates the U.S. Constitution’s guarantee of equal protection of the laws; and
WHEREAS, on March 26 and March 27, 2013, the United States Supreme Court heard oral
arguments in the Proposition 8 and DOMA cases, and have now taken the two matters under
submission with decisions expected by June 2013; and
WHEREAS, Whereas a number of Bay Area cities, including Oakland and San Leandro, in
recognition of the Supreme Court arguments and the imminent decisions in the Proposition 8
and DOMA cases, are flying the LGBT Rainbow Flag to symbolize political and cultural support
for marriage equality and opposition to Proposition 8 and DOMA; and
NOW, THEREFORE, BE IT RESOLVED, that the City Manager is authorized to fly the Rainbow
Flag in King Plaza, in recognition of Palo Altans’ overwhelming rejection of Proposition 8 and as
a symbol of the City of Palo Alto’s support for the restoration of marriage equality for gays and
lesbians in California.
INTRODUCED AND PASSED:
ATTEST: APPROVED:
___________________ ______________________
City Clerk Mayor
APPROVED AS TO FORM:
____________________ ______________________
City Attorney City Manager