HomeMy WebLinkAboutStaff Report 121-10TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: CITY MANAGER'S OFFICE
DATE: JANUARY 25, 2009 CMR: 121:10
SUBJECT: Approval of Federal Appropriations Requests and Policy and Services
Committee Recommendation for Approval of the City's 2010 Federal and
State Legislative Program
RECOMMENDATION
First, staff and the Policy and Services Committee recommend that the Council approve the 2010
State and Federal legislative program. Second, staff recommends that the Council approve the
Federal appropriations requests.
COMMITTEE REVIEW AND DISCUSSION
On December 17, 2009, the Policy & Services Committee reviewed a draft of the City's
Legislative Action Manual and the proposed 2010 State and Federal legislative program. The
staff report and minutes from that meeting are included with this report as Attachments A and B.
The Committee recommended approval of the proposed 2010 Federal and State Legislative
Priorities with a few minor changes as highlighted on Attachment C. The key changes were to
add the issues of High Speed Rail and Smart Grid under the Federal issues of interest to the City.
Additionally, staff added language under the guiding principles to reflect the Committee's
discussion about Constitutional reforms at the State level.
The Committee also reviewed the Legislative Action Manual and approved this in concept.
However, there are still some modifications that need to be made. As such, staff will continue to
work with the Committee on this manual before bringing it to the full Council for approval.
The other element of the legislative program being presented to Council for approval is the
proposed list of Federal appropriations requests (Attachment D). This list was not ready in time
to present to the Committee. However, staff intends to discuss this list and the proposed
prioritization of the projects as part of the study session scheduled for January 25. At that study
session, a representative from the City's Federal legislative advocacy firm will be available to
discuss the projects and the prioritization recommended by staff. Typically, it is recommended
that the City submit 1 project per Federal appropriations bill and no more than 3-4 projects total
CMR:121:10 Page 1 of2
for funding consideration annually. Based on that recommendation, staff is proposing to submit
the top 3 projects on Attachment D as the City'S request this year. These projects are the San
Francisquito Creek lP A project, the Foothills Evacuation Route Vegetation Treatment/Clearing,
and the Highway 101 Bicycle/Pedestrian Overpass. Attachment D does not list other Council
priority projects such as the Public Safety Building or the Broadband project because these
projects are not eligible for the available appropriations funding. However, staff continues to
work to identify other mechanisms for securing Federal funding for these projects and will
update the Council as these efforts proceed.
RESOURCE IMPACT
There are no resource impacts associated with the recommendations in this report.
POLICY IMPLICATIONS
This discussion will help the Council further refine policy goals around the City's regional, State
and Federal legislative programs.
ENVIRONMENTAL REVIEW
This report is not a project requiring review under the California Environmental Quality Act
(CEQA).
ATTACHMENTS
Attachment A: Staff report from December 17, 2009 Policy & Services Meeting
Attachment B: Excerpt from December 17,2009 Policy & Services Meeting Minutes
Attachment C: Proposed 2010 Federal and State Legislative Priorities
Attachment D: Proposed List of Federal Appropriations Requests
PREPARED BY:
CITY MANAGER APPROVAL:
CMR: 121:10
KELL Y MCADOO MORARlU
Assistant to the City Manager
Page 2 of2
Attachment A City of Palo Alto
City Manager's Report
TO: HONORABLE CITY COUNCIL
ATTN: POLICY AND SERVICES COMMITTEE
FROM: CITY MANAGER DEPARTMENT: CITY MANAGER'S OFFICE
DATE: DECEMBER 17, 2009 CMR: 467:09
SUBJECT: Recommendation for Council Approval of the City's 2010 Federal and Stat~
Legislative Program and Overall Program Structure
RECOMMENDATION
Staff recommends that the Policy and Services Committee review and recommend approval of
the 2010 State and Federal legislative program and overall program structure to the Council.
DISCUSSION
On May 12 and July 15, 2009, staff presented a draft of the City'S Legislative Action Program
Manual (Attachment A) to the Policy & Services Committee for review and recommendation to
Council. Excerpts from the minutes of both meetings are included as Attachments B and C.
These meetings resulted in revisions to the City's Legislative Action Program Manual as well as
changes to the City's overall guiding principles for legislative advocacy. As the City has
. reevaluated its annual legislative program, one component is the integration of Policy & Services
Committee and Council input on the City'S annual State and Federal legislative priorities. The
program structure will continue to evolve over the coming year/years as the City improves upon
its existing legislative involvement. One area that still needs additional work is the creation of
specific process .flow charts describing: 1) the process for reacting to legislation; 2) the process
for sponsoring legislation; and 3) the process for pursuing funding. The experiences from this
year will serve as the foundation for how these processes will work moving forward. At this
point, staff recommends that .the Committee recommend the approval of the Legislative Action
Program Manual with the understanding that this will continue to be improved upon over time.
The other action for this evening's meeting is the adoption of the 2010 Federal and State
legislative priorities and areas of focus. Attachment D outlines the overall guiding principles and
potential priorities for the upcoming year. Staff is seeking input on these proposed priorities and
also for the Committee to identify any additional priorities or areas of focus that should be added
to the list.
CMR:467:09 Page 1 of2
4r
If the Committee approves this program, staff will bring it to the Council on either 'January 11 or
January 25 in conjunction with the Utilities Department legislative program. The Utilities
Department vets its legislative program through the Utilities Advisory Committee and then takes
this program for Council to adoption. Staff is also working to bring a senior staff person from
the League of California Cities to that meeting so the full Council can have a discussion about
how the City can most effectively advocate for its interests in Sacramento. The other aspect on
which staff continues to work is the development of the Federal appropriations funding requests.
Staff anticipates finalizing this project list and including it as part of the package that would
return to Council in January for input and adoption. Staff would then work with our Federal
legislative advocacy firm to submit these requests to the City'S Congressional delegation.
RESOURCE IMPACT
There are no resource impacts associated with the recommendations in this report.
POLICY IMPLICATIONS
This discussion will help the Council further 'refine policy goals around the City'S regional, State
and Federal legislative programs.
ENVIRONMENTAL REVIEW
This report is not a proj ect requiring review under the California Environmental Quality Act
(CEQA).
ATTACHMENTS
Attachment A: Draft Legislative Program Action Manual
Attachment B: Excerpt from May 12,2009 Policy & Services Meeting Minutes
Attachment C: Excerpt from July 15, 2009 Policy & Services Meeting Minutes
Attachment D: Proposed 2010 Federal and State Legislative Priorities
PREPARED BY:
KELLY MORARIU
Assistant to the City Manager
CITY MANAGER APPROVAL:
CMR:467:09 Page 2 of2
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, wiII 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 but in balance. with City values and
priorities
1L-Ensure that legislation, policies and budgets retain or increase, but generally don't .... -----( Formatted: Bullets and Numbering 1
,d~~~~a~el. __ ~h~. _~!D.~,:,~t _ .of _ !o_~~l __ d.!~~~etj()!1 __ h~I.4_ .by _~~.~ _ q~ .. ~t:I~ _l'!<?t~~t __ 1~.,?~I _ d.~~!s~()n .... ----( Deleted: never .--.-J
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.
• 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 new and alternative funding for programs. Promote increases
in the allocation of funds to cities and flexibility in distribution. __ . ___ _
• Proactively advocate on behalf of the City ,,-,--··-(Formatted: Bullets and NumberinL)
a. 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.
2009 Legislative Priorities
I. 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.
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 Federal 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 of the 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 Timeline2009 p. 15
City Council Timeline p. 15
2
Basic Steps in the City's Legislative Action Program
Proposed
Legislation
1
4*
2
City Council
j 1
City Manager's
Office
5
Departments and
Divisions
Placeholder for Process Flow Chalts:
I) Reacting to legislation
2) Sponsoring legislation
3) Pursuing funding
6
4*
3
Internal Coordination of the Legislative Action Program
3
Legislative Body
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.
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 legislatiye bodies in several ways throughout +------{ Formatted: Bullets and Numbering
the year:
a. Joint meetings with elected representatives
b. Visits to Sacramento and Washington DC
c. _ Direct contact with elected represei1tatives by phone or letter on key issue~
The Role of the Council
The City Council has ultimate responsibility for determining the position the City shall take on
legislative issues. Council positions llPpJicable 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 annuallv with the City's federal lobbvist to establish federal legislative priorities· ---~rm.!tted: Bullets and Numb;"in~J
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
4
• 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 [0 Washington. DC and/or to Sacramento. Any such travel will be consistent with
current City policies/procedures on travel.
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
• 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
5
-.-, .. ~~
• Establish a system within the department for assuring that requests for legislation
evaluation are responded to promptly
• Draft letters and provide analysis oflegislation 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 ifthere 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
6
• • 0 _00:'" .: _ ~' .. -
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.
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. Ifthere 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 likelv be followed only for key and controversial topics. In many
instances, du~ 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.
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.
LJ'()li~y ~.~. ~~r.v!c.~s. C;;.ol11~.itt.e~ 111~"l~~er.~. v()t~ .()~ .t~~ .P!OJl~~!~!o.n~ .. ~~/()r !~gi~.I~!!ye. !~s.u~ ~/.
that the Committee determines are consistent with the City's interests. ".
Llfthe vote is unanimous, the matter is forwarded to the Council as consent calendar item.
7
Deleted: <#>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:'II
<#>Protect local revenues'll
<#>Protectlincreases local government
discretion'll
<#>Protectslincreases funding for
specific programs or services\!
<#>Supports key programmatic goals'j
<#>Prevents unfunded mandates'
<#>Is consistent with existing City policy~
<#>Has a direct impact upon the City1i
Formatted: Bullets and Numbering
~.' ~"" '.'
LIf a timeliness issue exists, the item will referred to Council without minutes, and a one
page executive summary will be provided. Ifno 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 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(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 ofthe 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
8
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 offaxes, 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
M~ .
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.
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.
9
Coalitions with other iurisdictions
• 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 Cali fomi a 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 annuallv with its County, State and Federal representatives. These
meetings are an impOitant component of building legislative relationships and to share issues of
i!:!mortance to Palo Alto. These meetings should be scheduled at the appropl'iate times during the
respective legislative calendars.
• At direction of Council, the other Elected Representative, or the City Manager, staffwilJ
schedule a meeting with the representative
• The City Manager will seek agenda items from the Mayor and Council
10
• Stafffrom the City Manager's Office will obtain agenda items from Departments and
staff in the representative~s office
• Agenda for the meeting and-1U)otentiallist of topics 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
ApriI/May/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 Lastday 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
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
11
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 of the legislative program. -
November/ Policy & Services Committee reviews past year's legislative action
J2ecember __ program
January
February
March
June
September
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
Council trip to Washington D.C.
Staff Report Update on status of Appropriations
Staff Report Update on status of Legislative Program
12
Exhibit 1: 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:
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 51 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 Overcrossing/Undercrossing.
~ 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 IBayshore
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 A venue 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 more livable for residents and reduce impacts on the environment
caused by congestion.
13
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 Overcrossing/Undercrossing 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 pedestrian/bicycle .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 Overcrossing/Undercrossing 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
-FederalContribution (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, shiff 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 Architectural Review Board, an advisory
committee, will review the project. With respect to the Highway 101 Pedestrian and Bicycle
Overcrossing/Undercrossing 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
14
.~" .".
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
c. Palo Alto City Councilmembers
Jim Keene, City Manager
15
Exhibit 2: Sample State Letter
February 26, 2009
Honorable Joe Simitian
11th District
State Capitol, Room 2080
Sacramento, CA 95814
Dear Senator Simitian:
The City of Palo Alto strongly supports Senate Bill 346 by Senator Kehoe which would
restrict the u~e 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 s.tudied, 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 ~ddress 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
c. Palo Alto Councilmembers
James Keene, City Manager
16 .
Attachment B
POLICY AND SERVICES COMMITTEE
Regular Meeting
May 12, 2009
The Policy & Services Committee of the City of Palo Alto met on this date in the
Council Conference Room at 7:03 p.m.
Present: Barton, Espinosa (Chair), Kishimoto, Yeh
1. Oral Communications
None
2. Recommendation for Council Approval of the City's Legislative Action
Program Manual
Assistant to the City Manager, Kelly Morariu, presented information on the
City's Legislative Action Program Manual. She Cited five important goals for the
evening:
1) Review of the suggested Federal and State Advocacy Objectives.
2) Defining Council's role in the legislative process.
3) Getting comments from the Committee on the Legislative Action Manual. .
4) Review of the Priority Development process for the legislative program.
S) Overall guiding principles presented to the Council on a. revisit toward any
additional changes, followed by a write-up on the Federal Appropriation
requests.
She stated the City's legislative strategy was comprised of three levels which
included Federal, State and Regional. Council's roles and goals were cited as
protecting the City's interests as well as advancement of City interests. Staff
noted the importance of the City's active role in the legislature. She discussed
the primary goal in the Federal legislative efforts as involved with fund
securement for City projects through the appropriations process. At the State
level, the focus was on issue advocacy in the State legislature. She posed the
question as to whether these were the only roles the City should play in
advocacy or whether additional roles should be considered.
05112/09 P&S:l
The Legislation Action Manual outlines Council's historical role in the process
which included:
1) Establishment of legislative priorities.
2) Position-taking in Sacramento and Washington, DC regarding legislative
issues.
3) Assumption of an advocacy role with the legislators at the Federal and State
levels.
Ms. Morariu stated that areas that needed further discussion include the future
roles of the Council in the legislative process.
Recreation Supervisor, Khashayar Alaee, spoke on the current Legislative Action
Manual that outlines the internal coordination of the Legislative Action Program,
defined the role.s for Council, departments and Staff and provided clarity on the
specific responsibilities. He stated the manual also provided guidelines for
evaluating legislation, lobbying methods and letter-writing activities, with an
outline on the Federal, State and City legislative timelines and process. Staff's
goal was around the overall guiding principles from the previous year with
priorities generated by Council and Staff to be brought forth on an annual basis.
He noted discussion would occur with Policy and Services with a referral to
Council for adoption prior to opening of the Federal Legislative year. He
summarized the guiding principles adopted by the Council in December 2009
as:
1) Protection of local revenue sources.
2) Protection and increase of local government discretion.
3) Protection and increase of funding for specific programs and services.
He noted recent activities in Appropriations and the Stimulus Package,
continued work done by Congresswoman Eschoo and the submission of Federal
Appropriations materials. He spoke on a handout regarding Palo Alto's
American Recovery and Reinvestment Act projects. He stressed the daily
changes made to the country's Stimulus Package and noted to date the receipt
of funding for four projects for direct Federal Allocations in Transportation,
Housing and Urban Development, Department of Energy and Efficiency and the
Department of Justice.
Council Member Kishimoto asked if these were above and beyond what had
previously expected in grant funding.
Mr. Alaee stated this was above and beyond any prior allocations. He outlined
the potential list of projects brought to Council, who had approved this list, and
also included Staff's analysis of the legislation in order to identify continued
05/12/09 P&S:2
opportunities. Five projects were identified as worth pursuit which included
projects in:
1) The Department of Commerce for Fiber to the Home.
2) The Utilities Department and Environmental Protection Agency for Clean
water and the Water Saver Volume Loan Fund.
3) The Police Department and the Department of Justice for community
oriented police services grants.
4) A second pursuit by the Utilities Department through the Clean Water Saver
Volume Loan Fund for the recycled water project at Stanford Research Park.
5) The Fire Department and Homeland Security for assistance and grants in
firefighting programs and to assist with new fire station construction.
He stated Staff had all but completed their analysis and applications for
available grant opportunities, but would continue to receive and distribute the
information regarding ongoing changes in the Stimulus Program. He noted the
creation of the website www.cityofpaloalto.org/recovery with daily and weekly
updates.
Chair Espinosa stated cities do a good job at the local level but activity at the
Federal level was usually in pursuit of additional funding. He stressed looking at
the role Staff and Council might take in the future to increase their funding goal
pursuits. He stated there was also a Request for Proposal (RFP) out there for a
Federal lobbying group. The City released the RFP in reconsideration of the
lobbying group in Washington, DC. He stress.ed this was a time for the City and
the Council to step back and look at what necessary goals were in DC. At the
State level, there were also concerns for the City and it is necessary for the City
to be more vocal regarding interest. Organizations at the Regional level also
have impact and the City has activity on several boards. However, the City
could be more active with other organizations.
Council Member Barton agreed with the above-mentioned general pOints but
specifically noted the need for Federal and State lobbyists. Hesuggested
looking at comparable cities in order to pair up and increase the City's lobbying
efforts. He stressed the need for ongoing efforts in looking at what more Staff
and Council can do in terms of ramping-up lobbying efforts. He stated Council
and Staff had a lot to do on a daily basis, but also stressed the value of having
Council members in Sacramento and Washington for lobbying on issues.
Council Member Kishimoto was appreciative of the direction and comments
made thus far. She noted a recent gap in the high-speed rail area and the need
for a lobbyist on this issue. She stressed the importance of lobbying as well in
the environmental and Fiber to the Home arenas at the State and Federal
levels.
05112/09 P&S:3
Council Member Yeh asked for clarification on the grant amounts from the
Department of Justice for what appeared to be a one-police-officer position. He
asked if there were other pieces to this.
Ms. Morariu stated staff would follow-up on this.
Council Member Yeh clarified that information would be available online on the
Recovery website for public transparency. He asked if the annual meetings with
legislators could be built into the Legislative Action Program Manual. He cited
instances where it would be helpful to have a Council member and a lobbyist
present for important issues and perspectives. He asked if issue advocacy
could be added as a role on the Federal lobbying level due to various issues that
did not necessarily deal solely with funding.
Council Member Kishimoto reinforced the need for both lobbyist and Council
presence on key issues in order to provide a broad perspective. This dealt with
their discussions on the Overall Guiding Principles. However, she suggested
reference as to how this affected Council priorities.
Council Member Yeh suggested work on how to rephrase the reference to the
Guiding Principles in order to take into account the balance of the Regional and
local work and any conflict with Council priorities.
Council Member Barton agreed with the importance of dollar acquisition at the
Federal level.
Chair Espinosa suggested inclusion of the language from the Request for
Proposal (RFP) since this would more fully cover proposed goals at the Federal
level. .
Ms. Morariu asked if he had any particular wording in mind.
Chair Espinosa suggested calling all three, the Federal, State and Regional.
Council Member Kishimoto stated one example of the Regional concerns as SB-
375 and its implementation over the next several years.
Chair Espinosa suggested laying out in the document what the process would
look like if there was a controversial issue and how this would be dealt with
orga nizationa lIy. .
Ms. Morariu asked if there was further specific language from the RFP or scope
of services that should be included.
05/12/09 P&S:4
Chair Espinosa suggested pulling out the analysis and goal setting language to
flesh out the higher level work that needed to be done.
Council Member Kishimoto suggested thinking proactively in order to get an
understanding of the major legislative items at the Federal level and what is on
the horizon that the City needed to follow.
Ch~ir Espinosa asked if a lobbyist was something that the Committee would
likely recommend or would Councilor Staff consider hiring a lobbyist on the
State level. He stressed a process was needed around this in order to delineate
how Staff looked at filling this need on a full-time contracted basis or in some
other form.
Council Member Barton stated hiring a lobbyist was not the most functional
approach on an issue-by-issue basis. He stated things moved so fast
legislatively that it was important to keep a lobbyist on board full-time.
Chair Espinosa asked if a full-time employed lobbyist made sense.
Council Member Barton suggested experimenting with a full-time lobbyist and
the costs of this. He stated a lobbyist was not hired specifically to work for Palo
Alto, but was hired more for what existed in their lobbying portfolio to which
their work would be beneficial to the City.
Ms. Morariu stated the City had a State lobbyist in the past and this was
discontinued.
Mr. Alaee stated the lobbyist was discontinued as part of a Budget cut after the
dot.com bust in 2001.
Ms. Morariu stated she had discussed this issue with the City Manager, based
on Council's prior discussion. His experience was that a Federal lobbyist was
the more effective choice versus a general State lobbyist. State lobbyists were
typically hired on an issue by issue basis.
Council Member Barton stressed another reason to experiment with the State
lobbyist option was for further leveraging on issues in view of the City
Manager's past experiences.
Council Member Yeh stated Utilities had a lobbyist who was not technically on
contract with the City, but was available for pro bono work. He maintained an
in-depth focus on the Utilities' issues to date. He noted this level of specificity
was beneficial for the City in regard to utility issues.
05/12/09 P&S:5
Chair Espinosa suggested a future discussion with the City Manager, given his
level of expertise on this, might be helpful in the different approaches at the
State level for funding, high-speed rail, environmental and additional issues.
He stressed the importance of having the right type of structure at the State,
Federal and Regional levels. He asked what this looked like at the Regional
level when deciding upon organizations or the different types of representation
the City needed for regional bodies.
Council Member Barton stated that, on a Regional level, it would be on an
issue-by-issue basis. He gave the example of high-speed rail where the issue
was crafted as it progressed rather than through reliance on existing lobbying
groups. He noted the lobbying work lay in trying to figure out which were
Federal and/or State issues at the core level.
Council Member Kishimoto noted lobbying logistics for Fiber to the Home
involved the same type of work in progress.
Chair Espinosa suggested their goal was to carve out how the City is already
engag~d, to see where the Federal government lobbying structure is gOing, and
then a conversation as well about work at the State level. He noted the
importance to segment these areas out identifying the necessary steps for more
transparent view of the City's lobbying goals and efforts.
Council Member Yeh suggested a map of the existing Sacramento lobbyists, the
DC lobbyists and then the abilityto see the existing regional organizations thus
far. He also agreed it was important to link with other cities and groups toward
common lobbying goals as a proactive approach.
Council Member Barton stressed these groups were both reactive and proactive
in their work.
Chair Espinosa suggested they move on to a discussion of Council's role in the
legislative process. He stressed the importance of clearly identifying Council's
roles in Study Sessions, potential issues, and how Council can aid the lobbying
efforts. He was also interested in seeing roles more clearly delineated as to
who really takes the lead at the State and Federal levels.
Ms. Morariu stated they also talked about creating, during the legislative
season, a standing agenda item which could be brought to Council regarding
pending legislative issues. She stressed their ongoing efforts to ensure
Council's engagement and awareness of the pending issues.
05112/09 P&S:6
~--" ,-.-'--'~~-"-. "-'.' ..-!-,:,,'~-;-' .. --"-,
Chair Espinosa agreed this ongoing dialogue and visibility of needs on the
lobbying front was important on many levels.
Council Member Kishimoto noted the important role the League of California
Cities plays as sort of a rapid response team to keep the City and Council
abreast of issues. She stated the League was a great resource to the City and
Council.
Ms. Morariu stated the League had legislative analysts and grass-root board
coordinators on legislative issues.
Chair Espinosa noted the importance of talking with the City Manager about
how to engage with these above-noted organizations to move forward on Palo
Alto legislative issues.
Council Member Kishimoto agreed, and noted the City had not yet been as
proactive in this engagement arena with these leagues and groups.
Council Member Yeh noted Council's role as delineated in the manual was that
they do the groundwork for the City's legislative strategies in setting the Council
Priorities. He saw the Council's Priorities as very proactive statement over a
one-to two-year period. He was curious as to how the Comprehensive Plan can
outlive Council tenures, and whether or not this should be factored into the
reworking of legislative priorities or whether they remain locked into the current
Council and its priorities.
Council Member Barton stated the Comprehensive Plan had no engagement at
the Federal Level, realistically.
Mr. Alaee stated Staff's intent was to develop some Overall Guiding Principles
for the legislative year beginning in December, which would come close to the
Council's retreat schedule, if not actu.ally being part of this retreat. He stated
that if Council's priorities had changed, the legislative priorities would be there
at the retreat or at the next Council meeting in order to readjust and align
priorities as they moved forward, keeping in mind the current Council's
priorities for that particular year.
Council Member Kishimoto stated the current wording noted the process in
which a City Council member brings up an issue, which included Colleague's
Memos. She stated this process takes a length of time.
Ms. Morariu noted the Legislative Manual was definitely a work in progress. She
stated there were certainly time sensitivities of suggested processes that were
not taken into account, but noted that many of the manual guides were more
05/12/09 P&S:7
specific to longer term legislative issues as opposed to more pressing
immediate issues moving through Council.
Council Member Kishimoto noted many items would be coming to Council in the
very first place by usual process, which did not require a bulleted placeholder in
the guide towards legislation. She reiterated that if an issue is brought to
CounCil, if it is an issue that is outside of the box, then Staff had the authority
to send a letter in any legislative case.
Mr. Alaee verified the wording that would be removed in order to more
concisely define the process in Council for controversial topics.
Chair Espinosa noted budget issues in which the previous City Manager had cut
the lobbyist. He stated there was tension over Council members' partiCipation
and the costs associated" with attending lobbying sessions in their advocacy
roles. He asked if there was a way to include language that would prioritize
outside funding for these trips, and if funding can be found outside the City of
Palo Alto resources that would allow and pay for Council members' participation
in lobbying efforts.
Council Member Yeh agreed that the City underwent scrutiny in situations such
as this where City funds are spent for these trips and lobbying. At the Federal,
State and Regional levels, he suggested a built-in transparency around the
financial aspects of Council's engagement in lobbying efforts and travel that
might include recommendations to go through associations which might cover
these activities. He stressed transparency over the City's budget for these
lobbying activities were absolutely necessary.
Chair Espinosa understood the approach towards this transparency but also
noted the danger of large companies or corporations paying for these trips
which may also send the wrong message to the public. He suggested wording
to the point that the Council's actions and expenditures needed to be consistent
with the value of the issue at hand including the tradition the City holds in
monitoring this type of spending and the number of Council members who take
part in the activities and travel for anyone event.
Council Member Kishimoto suggested looking at how other cities handle this
travel and these expenditures effectively. She also suggested Palo Alto may
want to develop a strategic plan in this particular area.
Chair Espinosa stated since they were coming back for one more discussion
over issues at the Sacramento level, and how that looks for the City, that they
might benefit hearing from an expert in the field for a sense of what the best
practice looked like inthis particular arena. He stressed this would flesh things
05112/09 P&S:8
out more thoroughly on the financial and legislative side of the issue of
Council's involvement and how to best handle this. He noted a model for this
lobbyist activity was necessary.
Council Member Barton spoke to the model for the Green Building Ordinance
and suggested they could go to the state and point out this is how everyone
should do it and/or the better alternative which was to be completely open
about the ordinance and modeling their success for others to use. He noted.
there were a number of areas where the City was on the cutting-edge of issues
and could help other cities to join in.
Chair Espinosa noted they were speaking about legislative agendas and moving
certain legislations, and asked how his modeling suggestion and example
related to this.
Council Member Barton gave the example that if many cities adopted the same
Green Building Ordinance or a similar version, this would be consistent with
many of the City's generalized goals. He also felt, if the City were out there
proactively, this put them at the head of the class on additional topics. In this
case, when they arrive in Sacramento, they are known and understood as to
what they stand for and are willing to fight for.
Chair Espinosa noted it was key to have the City spotlight its ongoing best
practices.
Council Member Barton cited this as the City basically striving to always be the
best role model.
Council Member Kishimoto returned to her original comment about looking
through the lens of asking about Federal and State legislative issues and
priorities and where Council fits in.
Mr. Alaee cited staff report CMR:241-09, page 11, as a place where there were
several bullet pOints on procedures for the City Council and other elected
representatives and their roles. He asked if these bullets needed to be fleshed
out further or provided the appropriate perspective on those roles.
Council Member Yeh asked if this was essentially with regard to Council
members and representatives.
Mr. Alaee stated it involved supervisors, representatives and any other elected
representatives as well.
05/12/09 P&S:9
Council Member Barton noted one item not included in the bullets was a
scheduling of these activities at the appropriate times along the legislative
timeline.
Chair Espinosa stated it was a great start but held issue with the fact that it
focused more on process. He looked for more information on the Council's
specific roles at all the levels of engagement. He noted what existed in the
manual thus far was more with regard to Staff's timing with a small paragraph
on the Council's role. He wished to see more language with regard to Council's
role.
Council Member Barton stated Council's role, in many cases, was dependent
upon the larger decision of whether they have a lobbyist or no lobbyist at the
State level. In choosing to have a lobbyist, those directions would be given.
Chair Espinosa stated this was true as well in the conversations they would be
having with the Federal lobbyists as well. He stated these conversations were
well-dictated, but he stated there was also need for Council's role in order to
have something that really spoke to their legislative strategy.
Council Member Barton stated some might argue that these roles would vary
issue-by-issue. He was not sure there was a generalized approach or process
available.
Chair Espino$a reiterated there was some process for the most part in order to
guide CounCil, and this needed to be fleshed out further.
Council Member Yeh stated there needed to be more clear delineation or
diagrams in the manual with regard to potential City Councilor member
interactions with the legislative body, but these were not necessarily clearly
delineated in the diagram as to how this progresses. He asked if it was through
the City Manager's office, and if it was, then was this the lobbying or getting in
touch with the legislative bodies. He was looking for more clarity on these
arrows and bullets.
Ms. Morariu reiterated that he was looking for the direct link between the
Council and its activities with the legislative body.
Chair Espinosa stated it was a good model for Staff in talking about how they
would ideally have the legislation come in. Although the reality was, this was
-not really a flowchart in that legislative issues and proposals for legislation can
come in from many directions. If this was meant to be a flowchart of the
process for work, it needed further discussion about what is entailed in each
step along the way.
05112/09 P&S:lO
Ccuncil Member Bartcn stated it might wcrk best .on twc charts, .one where
there is a reacticn tc the legislaticn and a seccnd where there is suppcrt,
drafting crspcnscrship .of the legislaticn.
Chair Espincsa ncted a third categcry that wculd include dcllars dcnated tcward
that end. He asked if there were any ccncerns .or thcughts .on the Pricrity
Develcpment Prccess.
Ms. Mcrariu .offered, by way .of ccntext, that this was meant tc gc with the
legislative schedule.
Chair Espincsa agreed the calendars were helpful but suggested this was
definitely an area where they need tc make sure they hear input frcm the
Icbbyists in DC and Sacramentc and pcssibly checking in .on the regicnallevel
as well tc really make sure the timelines were apprcpriate.
Ccuncil Member Bartcn, .on Prctecting the City's Interests, was inclined tc
remcve additicnal wcrding.
,Ccuncil Member Bartcn ncted this was particularly impcrtant. He stressed if the
legislature passed an Ordinance, fcr example, banning pclystyrene for every
City, this tock away the City's discreticn but was'ccnsistent with the City gcals.
He ncted, fcr this reascn, that discreticn and gcals were twc ccmpletely
different ccncepts.
Mr. Alaee ncted this wcrding was nct directly frcm the League, but was drawn
frcm histcrical items Staff fcund. He suggested Iccking tc the League fcr
similar language.
Ms. Mcrariu suggested wcrding that was ccnsistent with .other Ccuncil pricrities.
Ccuncil Member Bartcn suggested the wcrding "tc retain .or increase but
generally not decrease the am.ount .of Iccal discreticn."
Ccuncil Member Kishimctc stated the City wanted their discreticn tc be .over
any State standards.
Ccuncil Member Yeh was suppcrtive .of that general apprcach. He stated
wcrding alluding tc never was extremely definitive and they wanted tc be
careful abcut that.
Chair Espincsa asked if there were .other bullets that needed alternative
wcrding.
05/12/09 P&S:ll
Council Member Barton noted with regard to the Overall Guiding Principles the
wording "seeking new and alternative funding" was more appropriate.
Council Member Kishimoto suggested the wording "protect and increase
government discretion" in balance with City values. She also suggested
wording "to retain the right to exceed State standards."
Chair Espinosa did not have concerns about the prior wording. However, he
yvas not sure that the wording captured everything that the City does in the
legislative process.
Ms. Morariu suggested "proactively advocate on behalf of the City" which was
more proactive wording.
Chair Espinosa noted also an item that was missing with regard to advocacy,
general issue areas, or as maybe taking off some of the pressure at the Federal
and State level because of the work done at the Regional level.
Council Member Barton suggested wording toward being proactive in the
legislature in that they were not just reacting by acting or sponsoring
legislation, as an example. He noted guidelines more in keeping with reacting
to legislation and he sought wording of a more proactive nature.
Council Member Kishimoto, on page 1 of Attachment A, outlined specifics of a
proactive nature.
Chair Espinosa noted the same wording could be used to capture this proactive
nature in the Guiding Principles.
Council Member Kishimoto stated every year's guidelines needed to define the
areas worth monitoring' proactively. She noted they may not sponsor the
legislation but were paying attention to high-profile issues such as high-speed
rail as an example.
Mr. Alaee asked if on their return meetings it would help if they brought back a
list of area cities' over-riding principles in comparison.
Chair Espinosa stated it was helpful to hear the best practices while working on
this more proactive agenda in their guiding principles. He asked if there were
any other concerns over the guiding principles and found none. He moved the
meeting toward discussion of the Priority Development and Guiding Principles.
He thought, in terms of the priorities, as well as the guiding principles, that it
. was important to separate out the three areas they were working on since there
05/12/09 P&S:12
were very different approaches at the Federal, State and Regional levels in
priority and process.
Council Member Yeh requested further information regarding organizations on
which Council members serve on a regular basis. He suggested a check-in
point to note Council's priorities at the Regional level. He noted this would
ensure the public understands of Council's ongoing roles beyond the City in
other advocacy areas.
Chair Espinosa stated it was important to look at area cost and benefit models
as well for work done at the Regional level on up. He asked if there were any
further particular directives going forward. He summarized the key pOi'nts of
their discussion as:
1) Looking at the best practices and approaches at all legislative levels.
2) Best practices and area models.
3) Wording and more specific changes to the memo.
Item continued to meeting on June 17, 2009.
3. Discussion for Future Meeting Schedules and Agendas.
Timing was discussed for the future meetings, possible meeting dates, as well
as their content and the possibility of having noted speakers provide
information on effective lobbying.
Next meeting scheduled for June 17, 2009
ADJOURNMENT: Meeting adjourned at 8:37 p.m.
05/12/09 P&S:13
, '-'~ -.... '-., -" ~ ?_ . ...,J.;..j,.:.
Attachment C
Council Member Kishimoto. asked if that applies to an Ad Hoc
Committee.
Mr. Baum said that the majority rule does apply to Ad Hoc
Committees.
Council Member Kishimoto stated that it would not be a matter of
order.
Mr. Baum said that it would have to be placed on the agenda should
Council wish to vote on the Mayor'S Ad Hoc Committee appointments.
Chair Espinosa thought that adding some wording to this affect would
be helpful.
Mr. Keene said that with some of the other committees there is
language saying that the Committee will dissolve in six months. He
asked if the Committee would like to make that more formal.
Chair Espinosa said he didn't know if it would hurt to have that
language in the policy.
Council Member Kishimoto said the Mayor's announcement of a newly
formed Ad Hoc Committee should be included in the minutes.
Mr. Baum said a public announcement should be made at the
conclusion of each Ad Hoc meeting. He then asked if Staff should add
these revisions or if the Committee would rather go to Council as is.
Chair Espinosa said that he thought they had covered everything, by
establishing quarterly reports, as well as discussing the differences
between Standing Committees and Ad Hoc Committees.
MOTION: Council Member Yeh moved, seconded by Council Member
Kishimoto, that 1) the P&S Committee recommends that the City
Council adopt the Ad Hoc Committee policy allowing Ad Hoc
Committees to be used on a Ilmited basis to study City business in
greater depth than possible in the time allotted for Council and
Standing Committee meetings, and 2) Ad Hoc Committees will report
to Council quarterly.
MOTION PASSED: 3-0 Barton absent
3. Recommendation for Council Approval of the City's Legislative
Program and Structure.
P&S: 090715PS 6
Assistant to the City Manager Kelly Morariu explained that back in May
2009 the Committee gave Staff four k~y issues to follow up on. The
Committee wanted to have a more in depth conversation with the City
Manager about lobbying efforts in Sacramento. She stressed that this
program is a work in progress. Staff is interviewing firms for the
Federal lobbying effort. Once a firm is selected, the discussion can
start about how to engage the Council in advocacy and what ways this
can further improve the process. Staff is coming to the Committee
and Council with some structure but it will continue to evolve. To
define the roll of Council in the legislative process, Staff is interviewing
lobbyist firms and should have one on board by August. The Council
will meet with this firm in September and discuss interests around
lobbying at the Federal level. One item the Committee wanted to
discuss was legislative travel; language has been added to the policy
saying that Council legislative travel should be consistent with existing
travel policies. A discussion offering guidance on the most effective
way to engage Council in travel to Washington, DC and Sacramento is
pending. Another suggested role for Council is leveraging existing
relationships with influential members of the community, and
documenting those relationships so that they may contact legislators
on our behalf. Staff also was asked to follow up on effective legislative
action in Sacramento and regionally. One of the things discussed was
having an expert speak to the Council. The League of California Cities
Legislative Director is interested in coming to speak to the Council
about how their efforts can be more effective in Sacramento, but he
will not be able to come until the fall due to the budget issues
Sacramento is having. There was also discussion about involvement
with regional agencies. This raised three key issues: 1) what
agencies should be utilized, 2) how should the Committee report back
to Council on the regional agency actions, and 3) how Council
Members serving on regional agencies obtain key positions. Staff was
also asked to follow up regarding best practices in other cities. Most
cities are reactive to legislation; there is an opportunity for Palo Alto to
structure something more unique and proactive. That being said,
there were some best practices that were effective, such as some
agencies have a Staff person dedicated solely to legislative action.
Staff is also looking at ways to bring in community stakeholders and
then leverage them with trips to Sacramento or Washington to become
part of the advocacy process. Another idea was building relationships
with legislators on a Staff to Staff level as well as having periodic
meetings between the Council and the legislators and having a
legislative action team internal to the organization that can take quick
action by tracking legislative action per department. Having a Federal
lobbying firm seemed to be effective for cities similar to Palo Alto,
P&S: 090715PS 7
whereas a state lobbying firm seemed to be not very effective. The
City of Roseville for example has both a state and a Federal lobbyist.
Their experience was that the Federal lobbyist was more effective but
they wouldn't necessarily recommend a state lobbyist. Publicizing Palo
Alto's legislative goals and priorities more effectively by having a
presence on the website also seemed valuable. For example, the City
of Lakewood has an interesting detail of the legislative process,
providing more information for the public. She also mentioned a new
Staff led effort in Santa Clara County is a regional inter-governmental
relations committee that has been forming. It brings Staff members
together through out the county to connect the dots from a Staff level.
Lastly, as a follow up action, there were changes to the guiding
principals and some language in the Legislative Action Manual.
Chair Espinosa stated that the legislative policy had been put together
with guidance about how Staff should operate on a detailed level and
the feedback was good. He thought that now the discussion should
have been about Council's role. The Council needs to know what they
are doing in Washington and Sacramento. The Council needs to
decide if they want to have a lobbying role and then regionally how to
decide who sits on what board. Some decisions still have not been
made. He asked if Staff was bringing the Committee a proposal that
answered some of the questions from before and fixed some of the
language regarding travel and now would like to have some of the
program implemented. He asked if Staff thought there is nothing
wrong in the process, so the Committee should move this forward to
Council. He also asked how Staff sees having that conversation with
the Council once the Washington and Sacramento teams are in place.
He stated that he was still unsure what the role should· be for the
Council in the legislative process
Ms. Morariu said that a lot would depend on who the City partners with
from a Federal perspective. This is an opportunity to strategize. She
agreed that this report was the Staff piece of it, and the Council
conversation is still pending.
Chair Espinosa asked how Staff sees this process happening and if the
Council should sign off on this piece and then move forward or wait for
the entire policy to be developed.
City Manager James Keene said that he wasn't sure if going to the
Council with this now was needed. The policy is evolving and some
quick progress will be made in the fall, once the Federal lobbyist is on
board. He asked if the Committee would provide Staff with some
direction now so they can come back with a more specific policy. He
P&S: 090715PS 8
stated that the most important piece of the legislative policy is what
role the Council has, everything else is secondary. An elected official
can have more impact generally than anyone the City can hire. Even if
the City hires the best lobbying firm, if they don't have a clear idea of
how to leverage Council the City is wasting money. Palo Alto has a
Council that is interested in developing an effective and strong
legislative strategy and program, and everything else falls from that.
Chair Espinosa agreed that this Council is receptive to engagement.
The reason this policy carne to the P&S Committee was to provide
Council with an understanding of the cost benefit and ROI for what is
being done at a Federal level. The Council would be happy to go to
Washington but what is the plan once they arrive, how much will it
cost, and what will that look like. There is certainly no hesitation on
Council Members involvement but they want to know what Staff is
recom mending.
Council Member Kishimoto said that she's learned a lot through High
Speed Rail, she asked for clarification on Staffs recommendation for no
generiC Sacramento consultant.
Mr. Keene said Staff hasn't gotten that far yet. He reiterated the
importance of Council involvement.
Council Member Kishimoto said that her experience is being involved
for a Council Member is very time consuming. She stated that on an
issue by issue basis they will need to decide the priority. In order to
achieve that priority, State or Federal leverage will be needed. It is a
lot of work to follow year round, and then in June and July there is this
crunch period. She said that it's been helpful in her experience to
have volunteers to track the bills, and lobbyists in Sacramento to
follow legislative action, then the City can piggy back on them. The
Congressional Representatives staffs are helpful as well, so those
relationships are important.
Chair Espinosa said that he thought the Committee was expecting to
see a recommendation for the Federal plan, as well as an outline for a
regional level plan so that Staff and the Committee could discuss
Council's involvement.
Mr. Keene agreed that a discussion can be started, while putting the
regional part aside. He said there are three core pieces for the State
and Federal components. One is the Council's interest; it should be a
hands-on approach rather than just delegation, even with the
reporting and feedback from Council. There has to be some Staff
P&S: 090715PS 9
dedication to this. He said that the most effective legislative program
in his experience was when a dedicated high level person was on
board rather than a contract lobbyist. The City has part of that, but
how the City is going to add Staff support is key. The C'ity could have
interns, or other low-cost people that can track legislative items. It
wouldn't be prudent to pay an expensive firm for tracking. Lastly,
there is the reactive vs. proactive portion of the policy, and Staff needs
to be clear on what the Council wants. Lobbying firms will say that in
order to be proactive you have to narrow the focus to a couple issues
at most, otherwise no one will listen. The Committee should be clear
that being proactive is the approach that should be used, but at the
same an adequate mechanism for being informed reactively on things
that can hurt us is important as well. He said that for the most part
reactive things are going hurt other cities too. Palo Alto could piggy
back on those cities since they are already involved. High Speed Rail,
for example, is Palo Alto's issue; we will be concerned about reactivity
with cities. The focus is on insuring we are on top of stuff. He said
that any lobby firm will agree that having your Council focused and
invested in a couple of critical issues will be crucial. For Washington,
he recommended the City engage in a new contract with a Federal
lobbyist. The return will be easy to measure. If the City spends
$100,000 a year for travel, we have to be able to demonstrate that we
got $100,000 worth of funding from Washington to justify it. One
reason why Council travel is so important is because the legislature is
moving away from ear marks so just having a representative be able
to stick something in a bill on the City's behalf will be harder to do.
We will have more criteria based program awards that shift authority
back to agencies. The right person who gets a visit on an issue that
matters can have tremendous Jnfluence. Having our well spoken
Council Members there, with fact sheets in hand, to speak on the City's
behalf will be effective.
Chair Espinosa said the goal is to have that plan from Staff laid out
with how Staff will be looking at the investment, return and objectives
and what role Council' will play at each stage of development,
implementation and roll out. We need to know how Council will set
priorities, where is Staff going to want decision pOints, how does
Council work with lobbyists, and how do we, as a group, evaluate
costs. It's that layout that will lead to the identification of policies this
Committee could recommend to build a structure.
Council Member Kishimoto said they need to connect with the right
Staff and determine where the leverage points are. She reiterated
that it doesn't make sense to have someone in Sacramento all year.
P&S: 090715PS 10
Council Member Yeh said that the Northern California Power Agency
has an active division with an active coaching model. In laying out a
concrete process, the city could look to them. They use a discipline
and messaging that reflects the interest of their membership, and
dedicated local staffing that are subject matter experts. Whether or
not they are expert Staff, he does agree with a local staffing approach
to provide the ongoing discussion between Council and Staff. He
questioned whether Palo Alto has enough pull in and of itself to make a
statement within agencies at the Federal level, framed within regional
cooperation. He said he supported a study session to get feedback
from the rest of the Council, and he would be able to speak briefly on
the effort with Senator Joe Simitian about the RPS bill. Without the
level of expertise of the Utilities Staff, this wouldn't have been
possible.
Council Member Kishimoto said that regarding the Staff issue, for High
Speed Rail, Steve Emslie was working with her and the City Attorney's
Office. She wasn't sure if the City Attorney's Office was involved in
reviewing and drafting the bill. The City should have a person that
knows the most about a subject analyze the bill, which can take a lot
of time as well.
Chair Espinosa said that they've had a great debate. At the last
meeting they had discussed four areas. They intended to define the
role of the City Council, to understand the Federal, State and regional
strategy plans, to get the list together for the regional plan and lastly
they wanted to take a look at other cities for best practices. He stated
that he would like to move forward as he thought they were going to
have that conversation at this meeting.
Council Member Kishimoto suggested the Committee include that
wording in the Legislative Action Manual. .
Chair Espinosa wanted to know if they should bring the policy to
Council even though it's not fully comprehensive as far as a full
legislative plan goes. Or did they want to put it out there, since it is
such good work, and then make a broader decision later.
Mr. Keene said he wanted to insure Staff had clear direction. His
recommendation was not to go to Council yet, as it's just a piece of
what has to be done. He suggested they bundle it with some
recommendations on the Federal lobbying program. If Staff could get
feedback on the State piece they could put more structure into it. He
stated that Palo Alto should not hire a general State lobbyist. And he
does think Palo Alto should be more formally involved with the League
P&S: 090715PS 11
of California Cities, Palo Alto should have someone on the Executive
Board. The City Council should be known more in Sacramento and
around the League of California Cities.
Chair Espinosa said that he thought that's what they were going to talk
about at this meeting. What the Committee requested from Staff, is
specific detail about what the goal is, exactly what a strong legislative
statement looks like, whether or not a State lobbyist should be hired,
what the cost of that is, and what the pros and cons would be. The
Committee needs Staff to create a plan around engagement with the
League of California Cities. Staff should lay all of that out, and then
with in that framework, discuss what they see the role of Council being
on all those levels.
Council Member Kishimoto stated that she felt that any appointment
should be made early so that there is enough experience gained by the
appointee.
Chair Espinosa agreed about not going to Council at this time. He
asked Mr. Keene if he had a sense now of what the Committee was
asking for.
Mr. Keene stated that he did understand, and asked when the next
meeting is.
Ms. Morariu stated that there isn't another P&S Committee meeting
until September.
Mr. Keene stated there is some value in coordinating the decision on
the Federal lobbyist. Staff has told all the lobbying firms that basic
principals would be in place, determined through a session with the
Council and the P&S Committee. This will assure a tailored process
right from the beginning. He said that Staff could recommend a firm
to Council on August 3, 2009, but he was concerned with the
outstanding policy issues taking too long.
Chair Espinosa asked if his concern was because the decision on the
Federal lobbyist will have already been made, or because it will take
. too long for it to come back to the P&S Committee.
Council Member Kishimoto said that it wouldn't come back to the P&S
Committee.
P&S: 090715PS 12
,,~ ~ -; --
Chair Espinosa clarified that Mr. Keene was talking about if the
engagement role would go to Councilor to P&S and then asking if that
timing was off.
Mr. Keene said this could get to Council by August 3, 2009 Staff would
have not only awarded the contact, but had a meeting with a lobbying
firm with the Council. That would inform us before coming back to the
Committee.
Council Member Yeh suggested that due to the legislative season
September is good timing, and he would be agreeable to it.
Ms. Morariu said the contract could be awarded on August 3, and then
in September the lobbyist could come in.
3. Staff recommends that the P&S Committee review the
purpose and scope of the P&S Committee and provide
direction to Staff.
Chair Espinosa said that this is a good time to discuss the role of P&S
with new Council Members coming on soon.
Assistant to the City Manager Kelly Morariu stated that she and the
City Manager reviewed the Municipal Code and the defining
parameters of the P&S (P&S) Committee. The parameters include
parliamentary, administrative procedures, arid inter-governmental
relations. There has also been issues that haven't always been
referred to P&S, including personnel, planning and zoning, traffic and
parking, public works, and community and human services. The
Human Resources Commission can refer items to P&S or to the
Council. Some specific issues that have come to the Committee have
been regulating transportation issues, and the Zero Waste Plan. There
is opportunity to broaden what issues come before P&S. Strategic
issues need to be addressed, and how the community and Council wish
to set the context for addressing key issues. As an example she cited
the pending retirement of so many baby boomers. Council will want to
position the City as an employer of choice. The Council will want to
explore the goals as the City moves forward with an economic
development strategy. Those were just examples of issues Staff might
want to have a more in depth discussion with P&S about. Staff also
wants to know if that's the way the Committee wants to have a
conversation about these issues, or should it continue to be the
Council referral method currently in place.
P&S: 090715PS 13
Attachment D: Proposed 2010 Federal and State Legislative Priorities
Policy & Services Committee
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 but in balance with City values and
priorities
• 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.
• Protect and increase funding for specific programs and services
a. Support County, State and Federal funding for local service by maxlmlzmg
existing funding levels and seeking new and alternative funding for programs.
Promote increases in the allocation of funds to cities and flexibility in distribution.
• Proactively advocate on behalf of the City
a. 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.
Potential 2010 Federal Legislative PrioritieslFocus Areas
Legislation
• Transportation Authorization: Ensure road and transit programs and projects of
specific importance to the City
• Climate Change and Energy Legislation: Review legislation and identify impacts
for Palo Alto
• Appropriations bills: Advocate for Federal funding for projects and programs in
the City
• National Flood Insurance Program Reauthorization: Review legislation and
identify impacts of flood insurance rates for floodplain areas
• Jobs bill ~ Review legislation and identify impacts for Palo Alto
Regulation! Administrative Actions: On all topics, work with appropriate administrative
and agency staff to revise program/grant guidelines
• Broadband
• Energy Efficiency Grants and Standards
• Census
• ARRA (stimulus) grants and guidance
Potential 2010 State Legislative PrioritieslFocus Areas
December 17, 2009 Page 1 of3
Attachment D: Proposed 2010 Federal and State Legislative Priorities
Policy & Services Committee
1) Monitor status of League of California Cities-supported ballot measure to protect
local revenue sources and lend support to the measure if it qualifies for the
November 2010 ballot.
2) Track progress of ballot measures relating to pension reform and follow guidance
provided by League of California Cities and take appropriate positions on
measures if the measures qualify for the November 2010 ballot.
3) Follow the progress of ballot measures intended to revise various State-level
budget and governance reforms and determine impacts to City of Palo Alto.
Follow guidance provided by League of California Cities and take appropriate
positions on measures as necessary.
4) 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.
a. Follow funding status for the Public library Fund Act (a program that
provides direct state aid to California libraries for basic public library
service). The program has never been fully funded at the level permitted
by the legislation; ten years ago, it was at 80% of full funding; last year it
was down to 12% of full funding. This year, Palo Alto is eligible to
receive almost $22,000 from this program at the 12% funding level.
While this program was not reduced in FY2010 from last fiscal year, there
is concern it may be reduced next fiscal year.
b. Follow funding status for the California Library Services Act, which
provides funding to libraries that loan materials to other libraries or
directly to patrons from other communities. There are two components of
this Act that relate to Palo Alto -the Direct Loan program and the
Interlibrary Loan program. In recent years, Palo Alto has not received
funding from the Direct Loan program because our residents borrow more
from other libraries than non-residents borrow from our library. However,
we do receive a small amount annually from the Interlibrary Loan
program because every item loaned to another library qualifies for some
reimbursement. This includes items loaned through the LINK + program.
The concern is that the funding for these programs may be reduced.
5) Continue to advocate for the City'S stimulus grant (ARRA) applications with
State and Federal representatives
6) 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.
7) High Speed Rail: Assure that funding or legislation is tied to local input regarding
environmental analysis, feasibility and input from affected localities.
8) Amendments to Housing Law: Support housing element extensions; oppose
attempts to mandate penalties for housing element noncompliance; and support
efforts to allocate housing needs projections on a regional or sub-regional basis,
rather than city by city.
9) SB 375: Assure that follow up legislation 1) allows for extensive local agency
input to methodologies used to determine greenhouse gases and transportation
December 17, 2009 Page 2 of3
Attachment D: Proposed 2010 Federal and State Legislative Priorities
Policy & Services Committee
systems; 2) supports looking at job centers as well as housing intensity; and 3)
does not erode the land use control of cities.
10) Monitor Statewide plastic bag ban legislation and support if consistent with other
Council goals and priorities
11) Support legislation that would allow for the imposition of local fees for
emergency servIces
December 17, 2009 Page 3 of3
Attachment B: Draft Excerpt from 12/17/2009 Policy & Services Minutes
4. Recommendation for Council Approval of the City's 2010 Federal
and State Legislative Priorities and Overall Legislative Action Program
Structure
Assistant to the City Manager Kelly Morariu said the overall Legislative
Program structure had been refined. Staff requested the Committee's
comments on the legislative process. A few minor changes had been
outlined in Attachment D. Staff had taken input from the City's
Federal legislative advocacy firm, the Executive Team and other Staff
Members that have been involved in the process, and put together
some Federal legislative priorities which were included in the Staff
Report. With the Committee's approval, Staff was planning to bring
the program before Council in January in conjunction with the Utilities
Department legislative program.
Council Member Barton commented on the different relationships
between the federal program and state program. He commented on
broadband-cable-telephone-wireless issues as they related to the tax
base. He questioned how competition should be addressed at the
federal level. He also stated that the San Francisquito Creek issue
should be addressed more specifically as part of the appropriations
request.
City Manager James Keene said they were guiding principles.
Council Member Kishimoto said that staff should look at liberal
communities and climate change. Smart Grid straddles broadband,
and should be considered. Positioning Palo Alto as a model city should
be mentioned.
Council Member Barton suggested finding a way to build innovation in,
and to leverage the brand.
Mr. Keene agreed with the suggestions. He added that the Federal
lobbyists made the same point in relation to competing for Federal
funds.
Council Member Barton suggested working with private industries to
accomplish the goal.
Ms. Morariu said that was something the Council would like as an
overall principle.
Council Member Kishimoto agreed they should add the public-private
Page 1 of 4
Attachment B: Draft Excerpt from 12/17/2009 Policy & Services Minutes
partnerships to the procedure.
Chair Espinosa commented that progress was being made in this
program. He said it's important to clarify the role the Council will play,
and it's being mentioned more, but it should be thought through more
than it has.
Council Member Kishimoto said that guidelines for High Speed Rail
have been developed and the role of the legislature is to respond
quickly.
Chair Espinosa said creating a flow chart would be a good idea.
Community engagement should also be added. There should be
triggers that instigate community involvement. He asked about the
next steps for understanding what the lobbyist's work plans were.
Ms. Morariu asked for suggestions on what that would look like.
Mr. Keene asked for timing suggestions. He said that every year there
should be a work plan with priorities defined.
Chair Espinosa said the most important priority should be identified.
Ms. Morariu said Council will help define that in January.
Chair Espinosa said that community partners could help reach
legislators with certain appropriations requests.
Ms. Morariu said the Federal lobbyist had recommended a trip to
Washington in early February.
Chair Espinosa said it should be up to the new Council, but they will
have to have the conversation quickly. It's incumbent on the lobbyists
to inform staff soon about issues that are important to give them time
to prepare a response for when Palo Alto visits them.
Council Member Kishimoto asked if Palo Alto had a State Lobbyist.
Mr. Keene said the City does not.
Council Member Kishimoto suggested the City prioritize their goals
with the Cities Association. High Speed Rail could be prioritized to
have more of an impact.
Page 2 of 4
Attachment B: Draft Excerpt from 12/17/2009 Policy & Services Minutes
Council Member Barton suggested creating an organization of Cities
that shared Palo Alto's view, such as a coalition of green California
Cities. A small group of Cities with a relatively small amount of money
can accomplish much with the nimble nature of such a group.
Chair Espinosa agreed with Council Member Barton's suggestion, with
the exception that they were competing with some of those cities for
much of the project funds. He also discussed the process for
determining when Palo Alto will connect with other organizations to
join forces to leverage lobbying resources.
Council Member Kishimoto said that under Guiding Principles they
should add "proactive advocating on behalf of the City, taking a
proactive role in working with Federal and State legislatures, League of
Cities, and CPA or other partners."
Council Member Yeh said another area with dollars available was the
Low Carbon Cities Initiative between China and the U.S. The other
Bay Area Cities participating in the program were Oakland and
Berkeley. He talked about the importance of familiarizing staff with
that process, without taking too much of their time.
MOTION: Council Member Kishimoto moved, seconded by Council
Member Barton that the Policy and Services Committee recommend
approval of the 2010 State and Federal legislative Priorities with
changes recommended by Staff, and the additional bullet under
Overall Guiding Principles, and promoting Palo Alto's role as a leader.
Chair Espinosa said the three bullets were; 1) positioning and branding
ourselves as an innovation leader to lead on certain policies, 2) taking
a proactive step to building a coalition of cities to leverage resources,
and 3) thinking about broader community engagement. He said that,
if staff understood the three bullets, the motion was fine.
Council Member Kishimoto added that Smart Grid needed to be added
under Federal, and asked about High Speed Rail.
Mr. Keene said he wanted to define how proactive the City should be.
Chair Espinosa said it would be good to call that out in a staff report.
There will be an evaluation of the committee aSSignments in the
following year. The State approach needs to be driven through the
League; we would like to see them be decisive.
Page 3 of 4
Attachment B: Draft Excerpt from 12/17/2009 Policy & Services Minutes
Ms. Morariu suggested that should be called out under the role of
Council in the program manual.
Chair Espinosa agreed but added the principals will already have been
assigned at that time. The Mayor will need to recognize the impact
this will have in the overall strategy.
Mr. Keene added that the overall guiding principles don't have this
detail. It may be beneficial to recognize the state was broken and
determine the importance of advocacy for State reform.
MOTION PASSED: 4-0
Page 4 of 4
Attachment C: Proposed 2010 Federal and State Legislative Priorities
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 but in balance with City values and
priorities
a. Acknowledge the fundamental issues with the governance structure at the State·'-:
level and ensure that legislative or Constitutional refonns align with the City's
values and maintain and/or enhance local discretion
• 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 andlor
ability of local government to detennine how best to effectively operate local
programs, services and activities. The City retains the right to exceed State goals,
standards or targets.
• Protect and increase funding for specific programs an<;l services
a. Support County, State and Federal funding for local service by maxlmlzmg
existing funding levels and seeking new and alternative funding for programs.
Promote increases in the allocation of funds to cities and flexibility in distribution.
• Proactively advocate on behalf of the City
a. 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.
Potential 2010 Federal Legislative Priorities/Focus Areas
Legislation
• Tnm.sportation Authorization: Ensure road and transit programs and projects of
specific importance to the City
• Climate Change and Energy Legislation: Review legislation and identify impacts
for Palo Alto
• Appropriations bills: Advocate for Federal funding for projects and programs in
the City
• National Flood Insurance Program Reauthorization: Review legislation and
identify impacts of flood insurance rates for floodplain areas
• Jobs bill-Review legislation and identify impacts for Palo Alto
Regulation/Administrative Actions: On all topics, work with appropriate administrative
and agency staff to revise program/grant guidelines
• Broadbandltelephony issues
• Energy Efficiency Grants and Standards
• Census
January 25, 2010 Page 1 of3
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Attachment C: Proposed 2010 Federal and State Legislative Priorities
• ARRA (stimulus) grants and guidance
• Smart Grid
• High Speed Rail
Potential 2010 State Legislative Priorities/Focus Areas
1) Monitor status of League of California Cities-supported ballot measure to protect
local revenue sources and lend support to the measure if it qualifies for the
November 2010 ballot.
2) Track progress of ballot measures relating to pension reform and follow guidance
provided by League of California Cities and take appropriate positions on
measures if the measures qualify for the November 2010 ballot.
3) Follow the progress of ballot measures intended to revise various State-level
budget and governance reforms and determine impacts to City of Palo Alto.
Follow guidance provided by League of California Cities and take appropriate
positions on measures as necessary.
4) 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.
a. Follow funding status for the Public library Fund Act (a program that
provides direct state aid to California libraries for basic public library
service). The program has never been fully funded at the level permitted
by the legislation; ten years ago, it was at 80% of full funding; last year it
was down to 12% of full funding. This year, Palo Alto is eligible to
receive almost $22,000 from this program at the 12% funding level.
While this program was not reduced in FY2010 from last fiscal year, there
is concern it may be reduced next fiscal year.
b. Follow funding status for the California Library Services Act, which
provides funding to libraries that loan materials to other libraries or
directly to patrons from other communities. There are two components of
this Act that relate to Palo Alto -the Direct Loan program and the
Interlibrary Loan program. In recent years, Palo Alto has not received
funding from the Direct Loan program because our residents borrow more
from other libraries than non-residents borrow from our library. However,
we do receive a small amount annually from the Interlibrary Loan
program because every item loaned to another library qualifies for some
reimbursement. This includes items loaned through the LINK + program.
The concern is that the funding for these programs may be reduced.
5) Continue to advocate for the City's stimulus grant (ARRA) applications with
State and Federal representatives
6) 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.
7) High Speed Rail: Assure that funding or legislation is tied to local input regarding
environmental analysis, feasibility and input from affected localities.
January 25, 2010 Page 2 of3
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Attachment C: Proposed 2010 Federal and State Legislative Priorities
8) Amendments to Housing Law regarding Regional Housing Needs Allocation or
Housing Element requirements: Support housing element extensions; oppose
attempts to mandate penalties for housing element noncompliance; and support
efforts to allocate housing needs projections on a regional or sub-regional basis,
rather than city by city.
9) SB 375: Assure that follow up legislation I) allows for extensive local agency
input to methodologies used to determine greenhouse gases and transportation
systems; 2) supports looking at job centers as well as housing intensity; and 3)
does not erode the land use control of cities.
10) Monitor Statewide plastic bag ban legislation and support if consistent with other
Council goals and priorities
II) Determine and monitor impact of new State Department of Resources, Recycling+-----f Formatted: Bullets and NUn:!~
and Recovery on City'S Solid Waste program
12) Monitor legislation proposing to increase solid waste diversion requirements for
J ----l consistency with City's zero waste goals,.umu_uumuuumuuuuu_uuum_mmumm_------l'---o_e_le_ted_: _______ -'
mSupport legislation that would allow for the imposition of local fees for
emergency services
January 25, 2010 Page 3 of3
Project Name
San Francisquito Creek Joint
Powers Authority -U.s. Army
Corps of Engineers General
Investigation
Foothills Fire Management Plan
Evacuation Route Vegetation
Treatment/Clearing
Highway 101 Bicycle/Pedestrian
Overpass
Regional Trail Connections and
Rehabilitation
Baylands/SF Creek Conservation
Plan and Baylands Salt Marsh
Restoration
Emergency Operations Staging
Facility
Palo Alto Recycled Water Project
Attachment 0: City of Palo Alto 2011 Federal Appropriations Requests
January 25, 2010
Total Project 2011 Federal Potential Federal Funding
Project Description Cost Funding Request Source
This Army Corps of Engineers Feasibility Study
will protect thousands of homes and
businesses, with environmental and
recreational benefit. The 100-year floodplain
within Palo Alto, East Palo Alto and Menlo
Park also includes a major U.S. Highway,
regional commuter rail and airport, U.S. Post
Office, and water treatment plant S 7,463,100 S 2,000,000 Energy & Water Appropriations
This project reduces the fire hazard posed by
vegetation along nearly 12 miles of critical
regional evacuation routes through the Palo Department of Homeland
Alto foothills. S 384,520 S 384,520 Security
located in the Highway 101 corridor north of
the San Antonio Road interchange, project will
connect bikes and pedestrians via overpass or
underpass to frontage roads on east and west Transportation, Housing &
sides of freeway. S 7,750,000 S 7,650,000 Urban Development
Project would resurface 5.5 miles of Baylands
trails, would add new multi-use trail
connection between Palo Alto and Portola
Valley, and would improve 2 miles of Bay to Transportation, Housing &
Ridge trail. S 452,478 S 452,478 Urban Development
Project would develop a comprehensive
conservation plan for the Baylands Nature
Preserve and restore and improve 25 acres of
salt marsh, thereby improving habitat for a
diverse and prolific ecosystem that includes
the Federally endangered California clapper
rail and the salt marsh harvest mouse. S 542,478 S 542,478 Energy & Water Appropriations
Project would construct staging facility for
Mobile Command Vehicle, Police SWAT
vehicle, and disaster response trailer and
supplies, ensuring that this equipment is
easily accessible in the event of an earthquake Department of Homeland
or other disaster. S 250,000 S 250,000 Security
Project would expand the distribution system
to serve non-potable recycled water to
additional City uses and other commercial
customers, thereby reducing imported water
supplies by over 10%. S 31,9QO,000 _L_ ..!,~O(),OQQ... !.nergy & Water Appropriations
Page 1 of 1
Staff Priority
Ranking
1
2
3
4
5
6
Not eligible for
funding this year