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HomeMy WebLinkAboutStaff Report 241-09TO: HONORABLE CITY COUNCIL ATTN: POLICY & SERVICES COMMITTEE FROM: CITY MANAGER DEPARTMENT: CITY MANAGER DATE: MAY 12,2009 CMR: 241-09 REPORT TYPE: DISCUSSION REPORT SUBJECT: Recommendation for Council Approval of the City's Legislative Action Program Manual RECOMMENDATION Staff requests Committee input and recommendation to Council for approval the City's Legislative Action Manual, with particular emphasis on providing further definition of the Council's role in the City's legislative program. BACKGROUND On March 2,2009, Council approved the Legislative Guidelines and 2009 Priorities and referred further discussion of Legislative Program implementation to the Policy and Services Committee. Each year, staff plans to return to Council with a list of more specific priorities for the legislative issues facing the City during that year. The guiding principles will serve as the overarching framework for the City's legislative actions. These principles are broad enough to allow staff the flexibility to take action on legislative items that do not specifically fall under one of the more specific priorities approved by Council each year. This flexibility is important to give the City the opportunity to state its position when the legislative timeframe does not allow time to return to Council. DISCUSSION 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. Attached is the City's Legislative Action Program Manual which provides the Council, community and staff with the structure of the program. Listed below is the table of contents: Policy Statement City Council Priorities CMR: 241-09 Page lof3 Overall Guiding Principles 2009 Legislative Priorities Internal Coordination of the Legislative Action Program The Role of the City Council The Role of the City Manager's Office The Role of the Departments Guidelines for Evaluating Legislation Legislative Advocacy Lobbying Methods Guidelines for Letter Writing Procedure for City Council meetings with other Elected Representatives Federal Legislative Timeline California State Senate Legislative Timeline 2009 City Council Timeline Staff requests feedback from the Policy and Services Committee on each section of the manual with a focus on the role of Council members in the City's legislative process. Additionally, staff would like feedback from the Committee on other roles Council members might play during the legislative process. This manual is a starting place upon which staff intends to build the legislative program. Over the course of the next six months, Staff may revisit this manual and recommend further changes based on experience with the recommended policies and procedures. The legislative action program will be reviewed annually at the December Policy and Services Committee meeting. Council will review the committee's recommendation in January. The Council has ultimate responsibility for determining the position the City shall take on legislative issues. As detailed in the manual, Council's specific responsibilities include: o Conduct an annual review and update of legislative priorities o Establish legislative priorities, taking into account the Council priorities adopted each year o 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 o Determine Council positions on resolutions proposed for adoption by the League of California Cities and the National League of Cities o Suggest areas for staff action concerning legislation o Assume an active advocacy role with legislators on behalf of the City Economic Stimulus Update The City Manager's Office has recently created a citywide Legislative Committee with representatives from all departments. The committee's main focus at this time is the activity associated with grant applications for the American Recovery and Reinvestment Act CARRA). The City was awarded four grants through the stimulus bill specifically from the U.S. Departments of Transportation, Housing and Urban Development, Energy, and Justice totaling $2,075,022. City departments reviewed the ARRA and determined that there were five additional grant opportunities, which the City is pursuing. These are with the U.S. Departments of Commerce, Homeland Security, Justice, and the Environmental Protection Agency. Additional details about the City'S stimulus activities can be found at www.cityofpaloalto.org/recovery. CMR: 241-09 Page 2 of3 Federal Appropriation Update As mentioned in the March 2, 2009 staff report, the City is pursuing Federal Appropriations through the Congress. Staff was recently informed by Congresswoman Anna Eshoo that she will submit the Palo Alto Art Center Building, Clara Drive Storm Drain Improvements and the San Francisquito Creek Feasibility Study as three of her funding priorities. The City is grateful for Congresswoman Eshoo's support and looks forward to her visit with Council on Monday May 11,2009. RESOURCE IMPACT The legislative action program will help increase the effectiveness of lobbying activities by Council and staff. Effective lobbying efforts may potentially result in funding or appropriations for City projects. POLICY IMPLICATIONS The City's legislative action program manual specifically will help ensure a robust legislative program. This will strengthen the City's position in working with State and Federal departments as well as elected representatives. Finally, it will increase the transparency of the City'S legislative program. ENVIRONMENTAL REVIEW A discussion of the City'S Legislative Program does not constitute a project under section 15061 of the California Environmental Quality Act (CEQA) guidelines; therefore, no environmental assessment is required. ATTACHMENTS Attachment A: Legislative Action Program Manual PREPARED BY: CITY MANAGER APPROVAL: CMR: 241-09 WE E RECREATIO SUPERVISOR ON ASSIGNMENT IN CITY MANAGER'S OFFICE Page 3 of3 Attachment A 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. • Economic Health of the City of Palo Alto • Civic Engagement for the Common Good • Environmental Protection Overall Guiding Principles • Protect local revenue sources and prevent unfunded mandates a 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. • Protect and increase local government discretion a. Ensure that legislation, policies and budgets retain or increase, but never 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. • Protect and increase funding for specific programs and services a. Support County, State and Federal funding for local service by maximizing existing funding levels and seeking alternative funding for programs. Promote increases in the allocation of funds to cities and flexibility in distribution. 2009 Legislative Priorities 1. Support the Public Works Department and State Assemblymember Ira Ruskin's Office in proposing legislation for new composting technology. 2. Seek funding through the Federal appropriations process for High Speed Broadband Network (Fiber to the Premises), Citywide Emergency Vehicle Preemption, Palo Alto Art Center Building, Clara Drive Storm Drain Improvements and the San Francisquito Creek Flood Damage Reduction Project. I 3. Seek grant funding through State and Federal departments, given the passage of the American Recovery and Reinvestment Act of 2009, based upon the priority project list adopted by Council earlier this year. 4. Advocate with State and Fecteral representatives for the City's stimulus grant applications as well as the City'S regular Federal appropriations requests. 5. Maintain 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. Contents Internal Coordination of the Legislative Action Program p.4 The Role of the City Council p. 4 The Role ofthe City Manager's Office p.5 The Role of the Departments p. 5 Guidelines for Evaluating Legislation p. 6 Legislative Advocacy p. 7 Lobbying Methods p. 8 Guidelines for Letter Writing p. 10 Procedure for City Council meetings with other Elected Representatives p. 14 Federal Legislative Timeline p. 14 California State Senate Legislative Timeline 2009 p. 15 City Council Timeline p. 15 2 Proposed Legislation Basic Steps in the City's Legislative Action Program 4* 1 2 City Council City Manager's Office 5 Departments and Divisions 3 6 4* 3 Legislative Body 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 oftwo 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. 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. 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 oflegislative priorities • 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 4 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 oflegislation 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 ofthe 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 • 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 5 / • 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. 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 6 citywide position is determined. The City Manager's Office will work with Departments to reconcile differences. 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. 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. S. When evaluating ballot measures or legislative issues, Councilmembers should determine if the issues are consistent with the current adopted legislative priorities and the following guidelines, including, but not limited to: a. Protect local revenues b. Protect/increases local government discretion c. Protects/increases funding for specific programs or services 7 d. Supports key programmatic goals e. Prevents unfunded mandates f. Is consistent with existing City policy g. Has a direct impact upon the City 6. Policy and Services Committee members vote on the propositions and/or legislative issue that the Committee determines are consistent with the City's interests. 7. If the vote is unanimous, the matter is forwarded to the Council as consent calendar item. 8. 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 tQ, 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 are 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. The Palo Alto Municipal Code (Section 2.22.060(t)) 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. 8 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 oftheir 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. 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. 9 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. ) • 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. 10 ATTACHED: Exhibit 1: Sample Federal Letter Exhibit 2: Sample State Letter Procedure for City Council meetings with other elected representatives • 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 representatives office • Agenda for the meeting will be published by City Clerk Federal Legislative Timeline February: Appropriation applications due to Congressional offices March: National League of Cities Conference City meetings with Congressional Representative AprillMay/June: Tour of project areas with Congressional staff Letters of support from Mayor and Council June to September: Track appropriations requests California State Legislative Timeline 2009 Jan. 1 Statutes take effect Jan. 5 Legislature reconvenes Jan. 10 Budget must be submitted by Governor Jan. 30 Last day to submit bill requests to the Office of Legislative Counsel Feb. 27 Last day for bills to be introduced Apr. 2 Spring Recess begins at end of this day's session Apr. 13 Legislature reconvenes from Spring Recess May 1 Last day for policy committees to hear and report to Fiscal Committees fiscal bills introduced in their house May 15 Last day for policy committees to hear and report to the Floor non-fiscal bills introduced in their house May 22 Last day for policy committees to meet prior to June date May 29 Last day for fiscal committees to hear and report to the Floor bills introduced in their house (J.R. 61 (a)(5)). Last day for fiscal committees to meet prior to June 8 (J.R. 61 (a)(6)). June 1 - 5 Floor Session only. No committee may meet for any purpose June 5 Last day for bills to be passed out of the house ·of origin June 8 Committee meetings may resume June 15 Budget must be passed by midnight 11 July 10 Last day for policy committees to meet and report bills July 17 Summer Recess begins at the end of this day's session, provided Budget has been enacted Aug. 17 Legislature reconvenes from Summer Recess Aug. 28 Last day for fiscal committees to meet and report bills to the Floor Aug. 31-Sept. 11 Floor Session only. No committees, other than conference committees and Rules Committee, may meet for any purpose Sept. 4 Last day to amend bills on the Floor Sept. 11 Last day for each house to pass bills Interim Study Recess begins at end of this day's session Oct. 11 Last day for Governor to sign or veto bills passed by the Legislature on or before Sept. 11 and in the Governor's possession after Sept. 11 City Council Timeline Councilmembers and staff are encouraged to attend Federal and State legislative days as scheduled throughout the year. Below is a timeline for Council review ofthe legislative program. December January February March June September Policy & Services Committee reviews past year's legislative action program Staff Report or Study Session reviewing Legislative Program and Manual along with Utilities Legislative Priorities after Council Retreat Review of Federal Appropriations Submittals through staff report on Consent Calendar Council trip to Washington D.C. Staff Report Update on status of Appropriations Staff Report Update on status of Legislative Program 12 Sample Federal Letter: April 27, 2009 The Honorable Anna Eshoo Member of Congress 205 Cannon House Office Building Washington, D.C. 20515 Re: City of Palo Alto -Transportation Reauthorization Priorities Dear Congresswoman Eshoo: Exhibit 1 On behalf of the City of Palo Alto, I would like to thank you for your assistance in helping us meet the transportation needs of our community. It is my understanding that Congress is in the initial stages of considering legislation to reauthorize the Safe, Accountable, Flexible, Efficient Transportation Equity Act of the 21 st Century (SAFETEA-LU). To this end, I write in full support of the City of Palo Alto's top two priorities for the transportation reauthorization bill: (1) the Charleston Corridor Safety Improvement Project and (2) Highway 101 Pedestrian and Bicycle OvercrossinglUndercrossing. ~ Charleston Corridor Safety Improvement Project Charleston Road is a four-lane undivided arterial roadway which carries 15,000 vehicles daily. The corridor serves eleven schools and numerous residential neighborhoods as well as major employment centers including the Stanford Research Park and San Antonio lBayshore area. The City Council authorized staff to prepare a corridor plan in 2003, approved initiation of a striping trial of the improvements in 2006 and authorized staff to seek funding for the implementation of the permanent traffic safety and streetscape improvements in 2008. The project will: • Maintain existing travel time on the corridor to minimize diversion to other residential streets; reduce accidents on the corridor; • Improve conditions for pedestrian and bicycle travel; • Improve the quality of life on the corridor; and • Enhance visual amenities along the corridor. Specifically, federal funding will be used to design and construct the permanent traffic safety and streetscape improvements along the 1.3 mile segment of Charleston Road between Fabian Avenue and EI Camino Real (State Highway 82) in Palo Alto. The project includes both small and large scale improvements such as curb ramps, curb and gutter, sidewalks and asphalt overlay within the public right-of-way to provide safety, and aesthetic improvements. The improvements will primarily focus on enhancing conditions for pedestrian and bicycle travel given the high volume of school commute traffic in the area, as well as traffic calming to make the corridor Exhibit 1 more livable for residents and reduce impacts on the environment caused by congestion. The Charleston Corridor Safety Improvement Project is estimated to cost $5,711,000. A breakdown of the financing plan for the project is outlined below: -City Traffic Impact Fees $700,000 -City Capital Improvement Program $400,000 -State TDA Article 3 Funds $200,000 -Federal contribution (77%) $4,411,000 ~ Highway 101 Pedestrian and Bicycle Overcrossing/Undercrossing Project Currently, the only year-round alternative to a new grade separated bicycle/pedestrian crossing of Highway 101 is the existing San Antonio Road interchange at Highway 101. This is a very high speed overcrossing that is not suitable for pedestrian and bicycle travel. Only the most expert bicyclists would consider using it; average cyclists, families, children would not. The Highway 101 Pedestrian and Bicycle OvercrossingfUndercrossing project will provide a safe, reliable pedestrian and bicycle overpass/underpass to the frontage roads east and west of the freeway. The project is identified in the Santa Clara Valley Transportation Authority 2035 plan list of countywide priority bicycle projects and will provide a connection to the San Francisco Bay Trail as well as access to regional employment and recreation areas. Specifically, the federal funds will be used to conduct a feasibility study, conceptual design, and environmental study for the construction of a new pedestrianlbicycle grade separated crossing of Highway 101 in Palo Alto to provide connectivity from residential and commercial areas in south Palo Alto to the Palo Alto Baylands Nature Preserve, Shoreline and East Bayshore business parks, and the regional Bay Trail network of 240 bike trails along the San Francisco Bay shoreline. The project will be located in Palo Alto in the Highway 101 corridor north of the San Antonio Road interchange. The Highway 101 Pedestrian and Bicycle OvercrossinglUndercrossing project is estimated to cost $6,048,000. A breakdown of the financing plan for the project is outlined below: -City General Fund & VT A Bicycle Expenditure Program $1,200,000 -Federal Contribution (80%) $4,848,000 The City has engaged in a public participation process by creating a stakeholder working group for Charleston Corridor Safety Improvement Project. This group includes members of the local neighborhood associations, school representatives, and other stakeholders. If the City acquires federal funding for the project, staff will continue to work with the working group. Additionally, staff will hold several public meetings to provide an opportunity for comment. Furthermore, the City Council's Exhibit 1 Architectural Review Board, an advisory committee, will review the project. With respect to the Highway 101 Pedestrian and Bicycle OvercrossinglUndercrossing Project, this is a priority for City's Parks and Recreation Commission and a subcommittee is working with the Palo Alto Bicycle Advisory Committee to ensure stakeholder input. The Commission will discuss this project at future meetings which require public notice. Finally, the City Council will approve any scope of service or contract for these projects. The public will have an opportunity to provide comment at each of these public meetings. Again, thank you for your continued support of our community. We look forward to working with you and your staff as the transportation reauthorization bill moves through the legislative process. Sincerely, Peter Drekmeier Mayor Cc: Jim Keene, City Manager Palo Alto City Councilmember Sample State Letter: February 26, 2009 Honorable Joe Simitian 11 th District State Capitol, Room 2080 Sacramento, CA 95814 Dear Senator Simitian: Exhibit 2 The City of Palo Alto strongly supports Senate Bill 346 by Senator Kehoe which would restrict the use of copper and other toxic materials in vehicle brake pads. Copper is toxic to phytoplankton, the base of the aquatic food chain, and has been shown to adversely impact salmon sensory organs, potentially compromising their ability to return to spawning streams and avoid predators. Palo Alto and other local governments are required by National Pollutant Discharge Elimination System (NPDES) Permits to control copper discharges to creeks, estuaries and the ocean. Brake pads are the largest single source of copper to waterways and have been estimated to contribute as much as 35% of the copper reaching San Francisco Bay. Local governments are not able to effectively control brake dust and legislative action is the only viable alternative. Palo Alto staff initiated the Brake Pad Partnership, a collaborative group of government staff, brake pad manufacturers and environmentalists, to work out a solution to the brake pad issue. The problem has been studied, quantified, and the participants all now agree that an orderly phase-out of copper is in everyone's best interest. Brake pad manufacturers support legislative requirements because, without them, less responsible manufacturers could continue to sell high copper brake pads in California. Environmentalists are supporting a legislative approach because of impacts of copper on ecosystems, and because the bill would also address lead and asbestos, which still appear in brake pads, sold by less responsible manufacturers. We anticipate that Senate Bill 346 will come before your Environmental Quality Committee and encourage your support and leadership. Controlling this key source of copper is of critical importance and represents the culmination of hard work by Palo Alto staff and others. Phil Bobel our Manager of Environmental Compliance within the City's Public Works Department would like to meet with you. It would be our preference to meet with you in Palo Alto. He will be in touch with your office to schedule a meeting. Thank you for your energetic leadership on so many important environmental issues such as this bill. Sincerely, Peter Drekmeier Mayor Cc. Palo Alto Councilmembers James Keene, City Manager