01-24-2017 Searchable packetCITY OF CUPERTINO
AGENDA
Tuesday, January 24, 2017
10300 Torre Avenue and 10350 Torre Avenue
CITY COUNCIL
5:00 PM
Special Meeting Non-televised Closed Session (5:00) and Televised Open Session (6:45)
NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY
COUNCIL
NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City
Council is hereby called for Tuesday, January 24, 2017, commencing at 5:00 p.m.
for a closed session in City Hall Conference Room A, 10300 Torre Avenue,
Cupertino, California 95014 and open session following at 6:45 p.m. in Community
Hall Council Chamber, 10350 Torre Avenue, Cupertino, California 95014. Said
special meeting shall be for the purpose of conducting business on the subject
matters listed below under the heading, “Special Meeting."
SPECIAL MEETING
CLOSED SESSION - 5:00 PM
10300 Torre Avenue, City Hall Conference Room A
1.Subject: Conference with Legal Counsel- Existing litigation (Paragraph (1) of
subdivision (d) of Gov’t Code Section 54956.9). Name of Case: Alice Palmer v.
City of Cupertino, et al., Santa Clara County Superior Court Case No. 16
CV301228
2.Subject: Conference with Legal Counsel- Existing litigation (Paragraph (1) of
subdivision (d) of Gov’t Code Section 54956.9); Name of Case: Committee
Supporting Cupertino Citizen’s Sensible Growth Initiative, et al. v. City of
Cupertino, et al., Santa Clara County Superior Court Case No. 16 CV296322;
Court of Appeal, Sixth Appellate District, Case No. H043940
3.Subject: Conference with Real Property Negotiators pursuant to Government
Code Section 54956.8. Properties: APN 375-21-001, Lawrence Expressway at
Mitty Avenue and APN 381-19-015, Lawrence Expressway at Doyle Road.
Agency Negotiators: Jaqui Guzman. Negotiating Parties: San Jose Water
Company; County Roads and Airports; City of San Jose. Under Negotiation: Price
Page 1 CITY OF CUPERTINO
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January 24, 2017City Council AGENDA
and terms of payment
PLEDGE OF ALLEGIANCE - 6:45 PM
10350 Torre Avenue, Community Hall Council Chamber
ROLL CALL
CEREMONIAL MATTERS AND PRESENTATIONS
4.Subject: Fine Arts Commission presentation of the Young Artist Award to three
Cupertino elementary school students
Recommended Action: Receive Fine Arts Commission presentation of the Young
Artist Award to three Cupertino elementary school students
5.Subject: Presentation from the Fine Arts Commission of completed 2016 Work
Plan items
Recommended Action: Receive presentation from the Fine Arts Commission of
completed 2016 Work Plan items
POSTPONEMENTS
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the council on
any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases,
State law will prohibit the council from making any decisions with respect to a matter
not listed on the agenda.
CONSENT CALENDAR
Unless there are separate discussions and/or actions requested by council, staff or a
member of the public, it is requested that items under the Consent Calendar be acted on
simultaneously.
6.Subject: Approve the December 20 City Council minutes
Recommended Action: Approve the December 20 City Council minutes
A - Draft Minutes
7.Subject: Accept Accounts Payable for the period ending November 11, 2016
Recommended Action: Adopt Resolution No. 17-001 accepting Accounts Payable
for the period ending November 11, 2016
A - Draft Resolution
B - AP Report
8.Subject: Accept Accounts Payable for the period ending November 18, 2016
Page 2 CITY OF CUPERTINO
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January 24, 2017City Council AGENDA
Recommended Action: Adopt Resolution No. 17-002 accepting Accounts Payable
for the period ending November 18, 2016
A - Draft Resolution
B - AP Report
9.Subject: Accept Accounts Payable for the period ending November 23, 2016
Recommended Action: Adopt Resolution No. 17-003 accepting Accounts Payable
for the period ending November 23, 2016
A - Draft Resolution
B - AP Report
10.Subject: Annual Report for Fiscal Year 2015-2016
Recommended Action: Accept Annual Report from July 1, 2015 to June 30, 2016
(Attachment A)
Staff Report
A - Annual Report
11.Subject: Council committee appointments
Recommended Action: Approve Council committee appointments
A - Committee Assignments
12.Subject: Consider adopting a resolution supporting the prohibition of industrial
clear-cut logging in the forests of California
Recommended Action: Adopt Resolution No. 17-004 supporting the prohibition of
industrial clear-cut logging in the forests of California
Staff Report
A - Draft Resolution
B - Resolution Letter
C - Clear-Cutting Resolutions from Other Cities
13.Subject: Letters of support for SB 1 and AB 1 regarding transportation funding
Recommended Action: Direct staff to send letters of support for SB 1 and AB 1
from the City Manager
Staff Report
A - AB 1 Letter of Support to Assembly Member Frazier
B - SB 1 Letter of Support to Senator Beall
C - Estimated Local Streets and Roads Funding with SB 1 and AB 1
D - AB 1
E - SB 1
14.Subject: Citywide Parks, Open Space and Recreation Master Plan agreement for
consultant services
Page 3 CITY OF CUPERTINO
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January 24, 2017City Council AGENDA
Recommended Action: Authorize the City Manager to negotiate and execute a
consultant services agreement for preparation of the Citywide Parks, Open Space and
Recreation Master Plan for a fee not to exceed $210,000 and authorize a contingency
allowance anticipated to be $40,000 and subject to approval of the City Manager.
Staff Report
A - Parks and Rec Commission Minutes
B - Draft Agreement
15.Subject: 2015 Contractual Janitorial Services - Project No. 2015-23, contract
amendment
Recommended Action: Staff recommends Council take the following actions:
1. Authorize the City Manager to execute an amendment (Attachment A) to the
current janitorial services contract to provide for increased contractor compensation
due to the adoption of City’s Minimum Wage
Ordinance (Ordinance No. 2151); and
2. Adopt Resolution No. 17-005 amending approved FY 16/17 Operating Budget by
an additional amount of $35,000 for janitorial services (Attachment B)
Staff Report
A - Draft Amendment
B - Draft Resolution to amend FY 16/17 Operating Budget
16.Subject: Application for Alcohol Beverage License for Gogigo, Inc. (dba Gogigo
Korean BBQ), 10815 N. Wolfe Road, Bldg A Suite A3
Recommended Action: Recommend approval to the California Department of
Alcoholic Beverage Control of the application for Alcohol Beverage License for
Gogigo, Inc (dba Gogigo Korean BBQ), 10815 N. Wolfe Road, Bldg A Suite A3
Staff Report
A - Application
17.Subject: 2017 CDBG City-Wide Curb Ramp Installation Project, Project No.
2017-109
Recommended Action: Authorize the City Manager to award and execute a contract
with JJR Construction, Inc., in the amount of $233,100 and approve a construction
contingency of $11,900, for a total of $235,000
Staff Report
A - Bid Summary
B - Draft Contract
SECOND READING OF ORDINANCES
PUBLIC HEARINGS
ORDINANCES AND ACTION ITEMS
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January 24, 2017City Council AGENDA
REPORTS BY COUNCIL AND STAFF
18.Subject: Lehigh Cement Plant Noise Monitoring report
Recommended Action: Receive the Lehigh Cement Plant Noise Monitoring report.
No action is required
Staff Report
A - Lehigh Cement Plant Noise Monitoring Report dated November 29, 2016
19.Subject: Report from Valley Transportation Authority (VTA) regarding Next
Network Program
Recommended Action: Receive Report from Valley Transportation Authority
(VTA) regarding Next Network Program
20.Subject: Report on Committee assignments and general comments
Recommended Action: Report on Committee assignments and general comments
ADJOURNMENT
Page 5 CITY OF CUPERTINO
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January 24, 2017City Council AGENDA
The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6;
litigation challenging a final decision of the City Council must be brought within 90
days after a decision is announced unless a shorter time is required by State or Federal
law.
Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested
persons must file a petition for reconsideration within ten calendar days of the date the
City Clerk mails notice of the City’s decision. Reconsideration petitions must comply
with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk’s
office for more information or go to http://www.cupertino.org/index.aspx?page=125 for
a reconsideration petition form.
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning
to attend the next City Council meeting who is visually or hearing impaired or has any
disability that needs special assistance should call the City Clerk's Office at
408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance.
Upon request, in advance, by a person with a disability, City Council meeting agendas
and writings distributed for the meeting that are public records will be made available
in the appropriate alternative format. Also upon request, in advance, an assistive
listening device can be made available for use during the meeting.
Any writings or documents provided to a majority of the Cupertino City Council after
publication of the packet will be made available for public inspection in the City
Clerk’s Office located at City Hall, 10300 Torre Avenue, during normal business hours
and in Council packet archives linked from the agenda/minutes page on the Cupertino
web site.
Members of the public are entitled to address the City Council concerning any item that
is described in the notice or agenda for this meeting, before or during consideration of
that item. If you wish to address the Council on any issue that is on this agenda, please
complete a speaker request card located in front of the Council, and deliver it to the
Clerk prior to discussion of the item. When you are called, proceed to the podium and
the Mayor will recognize you. If you wish to address the City Council on any other item
not on the agenda, you may do so by during the public comment portion of the meeting
following the same procedure described above. Please limit your comments to three (3)
minutes or less.
Page 6 CITY OF CUPERTINO
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-2272 Name:
Status:Type:Closed Session Agenda Ready
File created:In control:1/17/2017 City Council
On agenda:Final action:1/24/2017
Title:Subject: Conference with Legal Counsel- Existing litigation (Paragraph (1) of subdivision (d) of Gov’t
Code Section 54956.9). Name of Case: Alice Palmer v. City of Cupertino, et al., Santa Clara County
Superior Court Case No. 16 CV301228
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Subject: Conference with Legal Counsel- Existing litigation (Paragraph (1) of subdivision (d)
of Gov’t Code Section 54956.9). Name of Case: Alice Palmer v. City of Cupertino, et al.,
Santa Clara County Superior Court Case No. 16 CV301228
CITY OF CUPERTINO Printed on 1/18/2017Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-2250 Name:
Status:Type:Closed Session Agenda Ready
File created:In control:1/9/2017 City Council
On agenda:Final action:1/24/2017
Title:Subject: Conference with Legal Counsel- Existing litigation (Paragraph (1) of subdivision (d) of Gov’t
Code Section 54956.9); Name of Case: Committee Supporting Cupertino Citizen’s Sensible Growth
Initiative, et al. v. City of Cupertino, et al., Santa Clara County Superior Court Case No. 16 CV296322;
Court of Appeal, Sixth Appellate District, Case No. H043940
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Subject: Conference with Legal Counsel- Existing litigation (Paragraph (1) of subdivision (d)
of Gov’t Code Section 54956.9);Name of Case:Committee Supporting Cupertino Citizen’s
Sensible Growth Initiative, et al. v. City of Cupertino, et al., Santa Clara County Superior Court
Case No. 16 CV296322; Court of Appeal, Sixth Appellate District, Case No. H043940
CITY OF CUPERTINO Printed on 1/18/2017Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-2242 Name:
Status:Type:Closed Session Agenda Ready
File created:In control:1/4/2017 City Council
On agenda:Final action:1/24/2017
Title:Subject: Conference with Real Property Negotiators pursuant to Government Code Section 54956.8.
Properties: APN 375-21-001, Lawrence Expressway at Mitty Avenue and APN 381-19-015, Lawrence
Expressway at Doyle Road. Agency Negotiators: Jaqui Guzman. Negotiating Parties: San Jose Water
Company; County Roads and Airports; City of San Jose. Under Negotiation: Price and terms of
payment
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Subject:ConferencewithRealPropertyNegotiatorspursuanttoGovernmentCodeSection
54956.8.Properties:APN375-21-001,LawrenceExpresswayatMittyAvenueandAPN381-
19-015,LawrenceExpresswayatDoyleRoad.AgencyNegotiators:JaquiGuzman.Negotiating
Parties:SanJoseWaterCompany;CountyRoadsandAirports;CityofSanJose.Under
Negotiation: Price and terms of payment
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-2178 Name:
Status:Type:Ceremonial Matters &
Presentations
Agenda Ready
File created:In control:11/15/2016 City Council
On agenda:Final action:1/24/2017
Title:Subject: Fine Arts Commission presentation of the Young Artist Award to three Cupertino elementary
school students
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council1/24/20171
Subject:FineArtsCommissionpresentationoftheYoungArtistAwardtothreeCupertino
elementary school students
ReceiveFineArtsCommissionpresentationoftheYoungArtistAwardtothreeCupertino
elementary school students
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-2228 Name:
Status:Type:Ceremonial Matters &
Presentations
Agenda Ready
File created:In control:12/14/2016 City Council
On agenda:Final action:1/24/2017
Title:Subject: Presentation from the Fine Arts Commission of completed 2016 Work Plan items
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council1/24/20171
Subject: Presentation from the Fine Arts Commission of completed 2016 Work Plan items
Receive presentation from the Fine Arts Commission of completed 2016 Work Plan items
CITY OF CUPERTINO Printed on 1/18/2017Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-1943 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:9/1/2016 City Council
On agenda:Final action:1/24/2017
Title:Subject: Approve the December 20 City Council minutes
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Minutes
Action ByDate Action ResultVer.
City Council1/24/20171
Subject: Approve the December 20 City Council minutes
Approve the December 20 City Council minutes
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DRAFT MINUTES
CUPERTINO CITY COUNCIL
Tuesday, December 20, 2016
SPECIAL CITY COUNCIL MEETING
ROLL CALL
At 5:45 p.m. Mayor Savita Vaidhyanathan called the City Council meeting to order in
Cupertino City Hall Conference Room A, 10300 Torre Avenue.
Present: Mayor Savita Vaidhyanathan, and Councilmembers Barry Chang, Steven Scharf and
Rod Sinks. Absent: Vice Mayor Darcy Paul.
CLOSED SESSION
1. Subject: Conference with Legal Counsel - Anticipated Litigation: Significant Exposure
to litigation pursuant to paragraph (2) of subdivision (d) of Gov’t Code Section 54956.9
- Two Cases
Mayor Vaidhyanathan announced that Council gave direction to staff.
2. Subject: Conference with Real Property Negotiators (Gov’t Code Section 54956.8);
Property: Cupertino Municipal Water System; Agency Negotiator: Timm Borden;
Negotiating Parties: City of Cupertino and San Jose Water Company; Under
Negotiation: Terms for City Leased Asset
Mayor Vaidhyanathan announced that Council gave direction to staff.
ADJOURNMENT
REGULAR CITY COUNCIL MEETING
At 6:45 p.m. Mayor Savita Vaidhyanathan convened the Regular City Council meeting in
Cupertino Community Hall Council Chambers, 10350 Torre Avenue.
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City Council Minutes December 20, 2016
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ROLL CALL
Present: Mayor Savita Vaidhyanathan, and Councilmembers Barry Chang, Steven Scharf and
Rod Sinks. Absent: Vice Mayor Darcy Paul.
CEREMONIAL MATTERS AND PRESENTATIONS - None
POSTPONEMENTS - None
ORAL COMMUNICATIONS
Mike McNutt talked about the recent Wreaths Across America ceremony sponsored by the
Cupertino American League which honored Veterans.
Larry Wilson talked about issues with wanting to build an accessory unit on his hillside lot.
Members of Scout Troop 452 introduced themselves and talked about working toward their
Citizenship in the Community Merit Badge.
Jon Willey talked about South Vallco Specific Plan Environmental Impact Review (EIR) traffic
analysis documents he’s asked to receive (he distributed written comments).
Pete Heller talked about the Vallco Mall development and EIR.
J.R. Fruen gave his time to Pete Heller.
Jean Bedord read a letter that Gary Jones submitted to Council regarding Vallco Mall
development (written comments distributed).
Lisa Warren talked about the Cupertino General Plan (she distributed written comments).
Ignatius Ding talked about the Cupertino General Plan.
Danessa Techmanski talked about Vallco Mall development.
Xiaowen Wang talked about Cupertino moving forward in the new year (she distributed
written comments).
CONSENT CALENDAR
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City Council Minutes December 20, 2016
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Wong moved and Chang seconded to approve the items on the Consent Calendar as
presented. Ayes: Vaidhyanathan, Chang, Scharf and Sinks. Noes: None. Abstain: None.
Absent: Paul.
1.Subject: Approve the December 6 City Council minutes
Recommended Action: Approve the December 6 City Council minutes
2.Subject: Approve the December 8 City Council minutes
Recommended Action: Approve the December 8 City Council minutes
3.Subject: Accept Accounts Payable for the period ending October 21, 2016
Recommended Action: Adopt Resolution No. 16-133 accepting Accounts Payable for
the period ending October 21, 2016
4.Subject: Accept Accounts Payable for the period ending October 28, 2016
Recommended Action: Adopt Resolution No. 16-134 accepting Accounts Payable for
the period ending October 28, 2016
5.Subject: Accept Accounts Payable for the period ending November 4, 2016
Recommended Action: Adopt Resolution No. 16-135 accepting Accounts Payable for
the period ending November 4, 2016
6.Subject: Cancel the January 17 regular City Council meeting and call a special City
Council meeting for January 24
Recommended Action: Cancel the January 17 regular City Council meeting and call a
special City Council meeting for January 24
7.Subject: Move hearing date for objections to proposed removal of a public nuisance
(weeds) to February 7 and amend resolution declaring weeds on certain described
property to be a public nuisance to move the hearing for objections to proposed
removal to February 7
Recommended Action: 1.) Move hearing date for objections to proposed removal of a
public nuisance (weeds) to February 7; and 2.) Adopt Resolution No. 16-136 rescinding
Resolution No. 16-125 and adopting an amended resolution declaring weeds on certain
described property to be a public nuisance to move the hearing for objections to
proposed removal to February 7
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City Council Minutes December 20, 2016
4
8. Subject: Accept resignation of Teen Commissioner Rishit Gundu and direct staff to fill
the unscheduled vacancy with the annual Teen Commission recruitment in May 2017
(continued from December 6)
Recommended Action: Accept resignation of Teen Commissioner Rishit Gundu and
direct staff to fill the unscheduled vacancy with the annual Teen Commission
recruitment in May 2017
9. Subject: Revise the recruitment process for all commissions to add designated
alternates at the time of initial appointment of regular members
Recommended Action: 1.) Adopt the Resolution No. 16-137 rescinding Resolution No.
10-048 and revising the commission recruitment process for all commissions other than
the Teen Commission to add designated alternates at the time of initial appointment of
regular members; and 2.) Adopt the Resolution No. 16-138 rescinding Resolution No.
09-115 and revising the commission recruitment process for the Teen Commission to
add designated alternates at the time of initial appointment of regular members
10. Subject: Pasadena Avenue Public Improvements Project - Increase in Contract
Contingency Authorization
Recommended Action: Authorize an increase in the construction contingency amount
by an additional $8,000 with funds from the current appropriated project budget of
$827,000
SECOND READING OF ORDINANCES - None
PUBLIC HEARINGS - None
ORDINANCES AND ACTION ITEMS
11. Subject: Discuss video contest for Friendship and Sister Cities
Recommended Action: Discuss video contest for Friendship and Sister Cities
Councilmember Chang explained his idea for the video contest.
Chang moved and Vaidhyanathan seconded to approve using the City’s name for
Chang to send an invitation to the Friendship and Sister cities to ask students to
participate in making a 15 minute video about their city; and subject to Chang
providing a proposal to Councilmembers in writing noting the contest rules and no
request for funding; and Council has discretion to change its mind and not support the
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City Council Minutes December 20, 2016
5
contest after seeing the proposal. The motion carried with Sinks voting no and Paul
absent.
REPORTS BY COUNCIL AND STAFF
12. Subject: Report on Committee assignments and general comments
Recommended Action: Report on Committee assignments and general comments
Councilmembers highlighted the activities of their committees and various community
events.
ADJOURNMENT
At 7:51 p.m., Mayor Vaidhyanathan adjourned the meeting.
_______________________
Grace Schmidt, City Clerk
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-2232 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:12/19/2016 City Council
On agenda:Final action:1/24/2017
Title:Subject: Accept Accounts Payable for the period ending November 11, 2016
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Resolution
B - AP Report
Action ByDate Action ResultVer.
City Council1/24/20171
Subject: Accept Accounts Payable for the period ending November 11, 2016
AdoptResolutionNo.17-001acceptingAccountsPayablefortheperiodendingNovember11,
2016
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN
THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED
FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD
ENDING
November 11, 2016
WHEREAS, the Director of Administrative Services or her designated
representative has certified to accuracy of the following claims and demands and
to the availability of funds for payment hereof; and
WHEREAS, the said claims and demands have been audited as required
by law.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby
allows the following claims and demands in the amounts and from the funds as
hereinafter set forth in the attached Payment Register.
CERTIFIED: _____________________________
Lisa Taitano, Finance Manager
PASSED AND ADOPTED at a special meeting of the City Council of the
City of Cupertino this 24th day of January, 2017, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_________________________ ________________________
Grace Schmidt, City Clerk Savita Vaidhyanathan, Mayor,
City of Cupertino
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-2233 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:12/19/2016 City Council
On agenda:Final action:1/24/2017
Title:Subject: Accept Accounts Payable for the period ending November 18, 2016
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Resolution
B - AP Report
Action ByDate Action ResultVer.
City Council1/24/20171
Subject: Accept Accounts Payable for the period ending November 18, 2016
AdoptResolutionNo.17-002acceptingAccountsPayablefortheperiodendingNovember18,
2016
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN
THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED
FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD
ENDING
November 18, 2016
WHEREAS, the Director of Administrative Services or her designated
representative has certified to accuracy of the following claims and demands and
to the availability of funds for payment hereof; and
WHEREAS, the said claims and demands have been audited as required
by law.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby
allows the following claims and demands in the amounts and from the funds as
hereinafter set forth in the attached Payment Register.
CERTIFIED: _____________________________
Lisa Taitano, Finance Manager
PASSED AND ADOPTED at a special meeting of the City Council of the
City of Cupertino this 24th day of January, 2017, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_________________________ ___________________________
Grace Schmidt, City Clerk Savita Vaidhyanathan, Mayor,
City of Cupertino
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-2234 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:12/19/2016 City Council
On agenda:Final action:1/24/2017
Title:Subject: Accept Accounts Payable for the period ending November 23, 2016
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Resolution
B - AP Report
Action ByDate Action ResultVer.
City Council1/24/20171
Subject: Accept Accounts Payable for the period ending November 23, 2016
AdoptResolutionNo.17-003acceptingAccountsPayablefortheperiodendingNovember23,
2016
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN
THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED
FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD
ENDING
November 23, 2016
WHEREAS, the Director of Administrative Services or her designated
representative has certified to accuracy of the following claims and demands and
to the availability of funds for payment hereof; and
WHEREAS, the said claims and demands have been audited as required
by law.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby
allows the following claims and demands in the amounts and from the funds as
hereinafter set forth in the attached Payment Register.
CERTIFIED: _____________________________
Lisa Taitano, Finance Manager
PASSED AND ADOPTED at a special meeting of the City Council of the
City of Cupertino this 24th day of January, 2017, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_________________________ ________________________
Grace Schmidt, City Clerk Savita Vaidhyanathan, Mayor,
City of Cupertino
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-2085 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:10/11/2016 City Council
On agenda:Final action:1/24/2017
Title:Subject: Annual Report for Fiscal Year 2015-2016
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Annual Report
Action ByDate Action ResultVer.
City Council1/24/20171
Subject: Annual Report for Fiscal Year 2015-2016
Accept Annual Report from July 1, 2015 to June 30, 2016 (Attachment A)
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OFFICE OF THE CITY MANAGER
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3212 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: January 24, 2017
Subject
Annual Report for Fiscal Year 2015-2016
Recommended Action
Accept Annual Report from July 1, 2015 to June 30, 2016 (Attachment A).
Discussion
The attached Annual Report describes City activities over the past fiscal year. It is
provided to inform Council and the public in addition to creating a history of the City's
efforts on behalf of our residents. The City of Cupertino is fortunate to have engaged
residents, generous volunteers, dedicated commissioners and City Council members, and
talented staff that are dedicated to improving the quality of life in our community. This
report highlights their efforts and celebrates their accomplishments.
Sustainability Impact:
None
Fiscal Impact:
None
____________________________________
Prepared by: Jaqui Guzmán, Deputy City Manager
Approved for Submission by: David Brandt, City Manager
Attachments:
A – Annual Report
67
CITY OF CUPERTINO • FISCAL YEAR 2015 – 2016
City of Cupertino, California
www.cupertino.org
ANNUAL REPORT
68
CUPERTINO ANNUAL REPORT FISCAL YEAR 2015–2016
Elected Officials
Council Member Gilbert Wong
Gilbert Wong was elected to the Cupertino City Council in November 2007 and 2011.
He served as Mayor in 2011 and 2014. His second term ended in 2016.
Email: gwong@cupertino.org
Cupertino City Manager
Cupertino City Council Members
The Cupertino City Council has five members. They are elected at large to overlapping four-year terms. The Council
members themselves elect the Mayor and Vice Mayor for a term of one year.
David Brandt is serving as City Manager for the City of Cupertino. He is charged with implement-
ing policy decisions made by the elected Council, which he accomplishes through delegation
to appropriate departments. He is also responsible for preparation of the annual city budget
consisting of an Adopted Budget of $118.6 million for Fiscal Year 2015-2016 with lower actual
expenditures of $108.3 million.
Email: manager@cupertino.org
Council Member Darcy Paul
Darcy Paul was elected to the Cupertino City Council in 2014. His first term will end in 2018.
Email: dpaul@cupertino.org
Council Member Rod G. Sinks
Rod Sinks was elected to the Cupertino City Council in November 2011. His second term will
end in 2020.
Email: rsinks@cupertino.org
Vice Mayor Savita Vaidhyanathan
Savita Vaidhyanathan was elected to the Cupertino City Council in 2014 and served as Vice
Mayor in 2016. Her first term will end in 2018.
Email: svaidhyanathan@cupertino.org
Mayor Barry Chang
Barry Chang was elected to the Cupertino City Council in 2009 and 2014. He served as Mayor
in 2016. His second term will end in 2018.
Email: bchang@cupertino.org
69
City Budget 2
City Manager's
Office 4
Recreation &
Community
Services 9
Public Works 13
Community
Development 17
Law
Enforcement 22
City Attorney 25
Administrative
Services 27
ContentsIntroduction
I am pleased to present to the City Council, to the residents of Cupertino, and
to city staff the annual report for Fiscal Year 2015-2016 (FY2016). This report
highlights the services we provided and major accomplishments achieved by
each department over the last fiscal year.
Highlights from the past year include:
■ Launched Silicon Valley Clean Energy (SVCE), a local, public non-profit that will
purchase cleaner energy on the open market for residents and businesses in
partnership with 12 participating communities in Santa Clara County
■ Reduced municipal water usage by 41% through several conservation efforts;
achieved 75.8% litter reduction, surpassing the 60% state requirement; and
planted 447 trees at 368 new locations
■ Engaged hundreds of residents in interactive activities to educate the public on
City services at the Fall Festival with booths from each department
■ Expanded our digital display network at the Quinlan Community Center (three
monitors), and added displays at the Senior Center and the Sports Center
■ Added traffic signal module to the Cityworks asset management application to
improve workflow efficiency
■ Improved transparency by expanding information available through open data
portals like Cupertino.org/GIS and Cupertinoca.opengov.com
■ Successfully transitioned to online employee timesheet reporting and reduced
the number of printed paystubs and checks by 90%
■ Went paperless for Community Development applications in January 2016 with
the implementation of electronic plan submission and review software
■ Funded the rehabilitation of 12 units at Le Beaulieu Apartments, a multi-family
residential affordable housing property serving low-income disabled and senior
households, and committed $3.6 million for the development of 19 affordable
apartments targeting extremely low- and very low-income seniors
■ Launched Safe Routes to School Pilot Program in partnership with six local schools
to encourage walking and biking to school while improving student safety
■ Completed 12 Capital Improvement Projects, including: tennis court resurfac-
ing at the Sports Center, Senior Center exercise room wood floor replacement,
Quinlan Cupertino Room lighting replacement, and Simm’s House removal.
Bicycle and pedestrian improvements resulted in implementation of 80% of 2015
the Bicycle Plan Update
■ Selected as winner of the League of California Cities 2016 Outstanding Local
Streets and Roads Project Awards Program in the “Efficient and Sustainable
Road and Bridge Preservation, Maintenance, Construction and Reconstruction
Projects” category
On every page of this report, we summarize the inner workings of Cupertino, the
engines that keep us running strong. You will read about the work of dedicated
public servants and see the results. In short, this report is about the people that
make our community a wonderful place to live, work, and play.
Respectfully Submitted,
David Brandt
City Manager
1INTRODUCTION
Elected Officials
70
2 CUPERTINO ANNUAL REPORT FISCAL YEAR 2015–2016
Fiscal Year 2015–2016 City Budget
Overview
The Fiscal Year 2015–2016 Adopted Budget was a balanced and fiscally responsible spending plan throughout
the five-year forecast period. Actual revenues for the year were higher than anticipated with expenditures ending
the year lower than anticipated. Overall, revenues exceeded expenditures by $2.5 million. Excess revenue falls to
fund balances, which is used in subsequent years to fund one-time projects; ongoing revenues continue to fully
support ongoing operating costs.
Despite the City’s reliance on a highly volatile high-tech industry, Cupertino has remained fiscally sound by
controlling expenses, encouraging economic development, expanding revenue sources, and maintaining healthy
reserves. Cupertino continues to maintain an outstanding school system and deliver exceptional services and, as
always, will continually seek ways to enhance its services for residents and promote a community built on the
values of education, innovation, and collaboration.
Revenues:
Where does the City get its money?
Total City revenues for FY2015 totaled $110.3 million, a
decrease of $36.8 million or 25% compared to prior year
actuals. FY2016 revenues by fund for the City are shown
in the graph below:
General Fund
Pays for core services like public safety, parks and
recreation, community development, and public works.
Revenue for this fund comes primarily from property
and sales tax, franchise fees, and charges for services.
Special Revenue Fund
Accounts for the proceeds of special revenue sources
legally restricted to expenditures for specific purposes.
Debt Service Fund
Pays principal, interest and associated administrative costs
incurred with the issuance of debt instruments.
Capital Projects Fund
Pay for the acquisition and construction of major capital
facilities from General Fund revenues.
Enterprise Fund
Pay for specific services that are funded directly by
fees charged for goods or services.
Internal Service Fund
Pay for goods or services provided amongst City depart-
ments or governments on a cost-reimbursement basis.
FY2016 Revenues by Fund
Internal Service
$7,837,076
3%
Enterprise
$8,811,791
6%
Capital Projects
$5,907,000
4% Debt
Service
$3,167,538
2%
Special
Revenue
$44,822,824
30%
General Fund
$79,004,004
53%
71
City Services
Services provided by each department are as
follows (by descending order of costs):
Public Works: $ 31.7 million
Maintenance of streets, public
trees, parks, public buildings, and
City’s vehicle fleet, along with
urban runoff pollution prevention,
transportation management,
development services, floodplain
management, and management
of contracts for street sweeping,
janitorial services, solid waste and
recycling, and crossing guards.
Non Departmental: $ 15.9 million
This includes funding for the City’s
debt service and transfers out
to other funds primarily to fund
capital project costs
Capital Improvement Program
(CIP): $13.2 million
Provides design and construction
administration for all capital
improvement programs including
streets, storm drainage,
buildings, parks, and other public
facilities
Planning & Community
Development: $12.1 million
Building inspection, permit
review, safety code enforcement,
safety training
Law Enforcement: $ 11.0 million
Police, animal and noise control,
emergency response, vehicle
code enforcement
Recreation & Community
Services: $10.9 million
Park development and
supervision, leadership training,
youth and senior programs,
community and recreational
events, emergency preparedness,
community outreach
Administrative Services:
$4.8 million
Human resources services, risk
management, finance, business
licensing, budget
Information Services:
$4.1 million
Internal and external technology
and communications program
Administration: $3.8 million
City Administration,
sustainability programs,
public affairs, agenda and
records management,
legal counsel
City Council & Commissions:
$719,000
Es tablishment of
public policies
Total City expenditures for FY2016 totaled $108.3 million, an increase
of $19.0 million from prior year actuals. Actual costs to the City by
department and by expenditure category were as follows:
Expenditures :
How does the City spend its money?
Expenditures
by Department
Actual Expenditures
by Category
Administrative Services
$4,849,197
4%
Debt Services
4%
Contingencies
<0.5%
Administration
$3,837,931
4%
Capital Projects
$13,175,457
12%
Contract Services
29%
Public Works
$31,700,292
29%
Information Services
$4,088,633
4%
Planning and Community Development
$12,053,824
11%
Recreation and
Community Services
$10,939,149
10%
Special Projects
22%
Non-Departmental
$15,949,805
15%
Materials
6%
Law Enforcement
$10,998,736
10%
City Council and Commissions
$719,235
1%
Employee
Compensation
29%
Other Financing
Uses
1%
Capital Outlays
9%
3CITY BUDGET
Fiscal Year 2015–2016 City Budget
72
Overview
Mission
The mission of the City Manager’s Office is to provide professional leadership in the administration and execution of
policies and objectives formulated by the City Council, develop and recommend alternative solutions to community
problems for Council consideration, plan and develop new programs to meet future needs of the City, prepare the
annual budget, and foster community pride in city government through excellent service.
Goals and Objectives
• Implement the City Council’s work program
• Ensure all laws and ordinances of the City are duly enforced and that all franchises, permits, licenses, and
privileges granted by the City are faithfully performed and observed
• Collect and analyze relevant data to comply with state and federal regulations
• Provide connectivity, functionality and support for robust sharing of information among the public, elected of-
ficials and City staff
Operating Budget FY2016
Actual expenditures for the City Manager's Office in Fiscal Year 2015-2016 were $6.3 million with 22.25 staff.
Divisions
The City Manager’s Office is responsible for the direct supervision of the City Clerk’s Office, Information
Technology Division, Public Affairs Division, and Sustainability Division. During FY2016, the Information Technology
Division was reorganized into the Information Services Department.
4 CUPERTINO ANNUAL REPORT FISCAL YEAR 2015–2016
City Manager's Office
73
The City Manager's Office (CMO) is responsible for
the effective and efficient operation of the City. Under
the direction of the City Council, the CMO carries out
the City's adopted goals and objectives, leads organi-
zational efficiencies, directs City-wide policy efforts,
and supports Council-initiated special projects.
Major Projects, Programs, and
Accomplishments
Fee Update and Cost Allocation Plan Revision
The CMO completed a comprehensive user fee study
and cost allocation plan revision to determine cost
recovery levels and recommended revisions to the
City’s fee schedule approved by Council. The new fee
schedule is estimated to reduce subsidies for develop -
ment and other fee-for-service activities, generating
approximately $1.0 million in additional General Fund
revenues. The last full assessment of user fees was
conducted in 2004 for Planning and Public Works
services and in 2007 for Building Division services.
Formation of Information Services Department
Based on an Information Technology Assessment to
address project backlogs and service-level issues, the
City Manager proposed the creation of an Information
Services (IS) Department comprised of IT, GIS, and
City Channel. The CMO successfully recruited for the
City's first Chief Technology Officer to lead the new
department.
Strategic Support for Recreation Reorganization
The CMO provided the Recreation and Community
Services Department with strategic support in evaluating
and implementing a department reorganization, with a
stronger emphasis on marketing and customer service
and promotional opportunities to aid in succession
planning.
Public Affairs is responsible for planning and imple -
menting a comprehensive internal and external
communication program for the City of Cupertino,
including community meetings, special events, awards
dinners, ceremonial activities, monthly newsletters,
and social media postings. The division promotes City
goals, policies, programs and services to key audi-
ences.
Major Projects, Programs, and
Accomplishments
Community Engagement Efforts
In 2015, Cupertino celebrated its 60th anniversary. In
honor of our diamond year, the Public Affairs Division
began a new tradition of representing the City at the
Annual Fall Festival, which is co-sponsored by the
Rotary Club of Cupertino and The World Journal.
Cupertino is devoted to providing our citizens with use -
ful and relevant information, especially through direct
interaction. Every department and division participated
with interactive booths that showcased the myriad of
services Cupertino offers to our community.
Communications and Brand Assessment
The Public Affairs division completed an external as-
sessment of communication activities related to public
outreach, education, community engagement, and
brand recognition. As recommended in the final report,
Public Affairs has taken greater oversight over all mar-
keting activity in the City, including the development of
procedures related to media engagement and the cre -
ation of a City-wide Communications Working Group
to improve internal collaboration and coordination. The
division is developing a work program to address the
other recommendations made in the report.
DEPARTMENT DIVISION:
PUBLIC AFFAIRS DIVISION
5CITY MANAGER'S OFFICE
City Manager's Office
At the controls of the new Information Services
Department
74
The City of Cupertino has long been a leader in
practicing resource conservation and efficiency. It
formalized these efforts in 2008 through the creation
of a Sustainability Division within the Office of the
City Manager. The division oversees and manages
the implementation of the Climate Action Plan, tracks
greenhouse gas emissions, and manages programs
that reduce our climate impact.
Major Projects, Programs, and
Accomplishments
Creation of Community Choice Energy Program
The Sustainability Division was instrumental in develop -
ing a regional community choice energy program leading
to the creation of Silicon Valley Clean Energy (SVCE), a
local, public non-profit launched in March 2016. SVCE
will purchase cleaner energy on the open market for
residents and businesses in 12 participating communities
throughout Santa Clara County. Cupertino was the first
city to join SVCE in December 2015. SVCE’s standard
electricity offering, “GreenStart,” which costs less than
PG&E and is 100% carbon free, will be available to all
customers in April 2017.
Conserving Water by Thinking Drought
Sustainability staff continues to work with Public
Works to adjust irrigation schedules in parks, sports
fields, school sites, and street medians and implement
landscaping improvements such as mulching, plant
replacement, and converting to drip irrigation. These
efforts resulted in a 41% savings in municipal water us-
age in FY2016. Cupertino.org/savewater
Growing Greener Businesses
The GreenBiz Program is a free City service to guide
businesses through the
rigorous California Green
Business Certification
Program. In FY2016,
the following eighteen
businesses achieved
their Green Business
Certification:
Development is CHILD's Play!, Erik's Delicafe, 15
departments from De Anza College, and Harini A
Krishnapuram DDS. Two businesses, the Driving
Machine and Purglen of Cupertino, were re-certified.
Cupertino.org/greenbiz
“Energized by Art” Utility Box Pilot Project
In partnership
with Hongyun
Art School and
the Fine Arts
Commission, the
“Energized by Art”
project was an art
contest that asked
K-12 students to
submit entries in
response to the
theme “What can
I do to conserve
resources in
Cupertino?” In fall 2015, four traffic controller boxes
were painted along De Anza Boulevard as part of the
inaugural project.
Earth Day &
Arbor Day
Festival
Cupertino's 8th
Annual Earth Day &
Arbor Day Festival
brought together
over 5,000 com -
munity members,
70 partnering
organizations, and
150 volunteers to
the Civic Center
Plaza to share and
explore the diverse
environmental
programs offered
by Cupertino
and its environmental partners. This year’s festival
launched with Cupertino’s first “Pedal for the Planet”
Family Bike Ride, in partnership with the Safe Routes 2
School Program, which had over 50 youth cyclists and
their families complete a 7-mile bike ride around the
City's schools and parks.
DEPARTMENT DIVISION:
SUSTAINABILITY DIVISION
6 CUPERTINO ANNUAL REPORT FISCAL YEAR 2015–2016
Volunteers clean the creek
during Earth Day activities
One of the winning designs in
the Utility Box Pilot Project
75
DEPARTMENT DIVISION:
SUSTAINABILITY DIVISION
Awards, Grants & Recognitions
• The City won an Outstanding Case Study Award
from the Sustainable Purchasing Leadership Council.
This award recognizes Cupertino’s efforts to drive
both municipal and commercial implementation of
green purchasing strategies.
• The City partnered with the Friends of Stevens Creek
Trail, the Mid-Peninsula Open Space District, and the
cities of Mountain View and Sunnyvale to request
matching funds from the Santa Clara Valley Water
District for a steelhead passage improvement study
along Stevens Creek. The Water District granted
$57,000 towards the study with $19,000 in matching
funds from the partner agencies.
Commissions
Sustainability Commission
The Sustainability Commission held its inaugural
meeting in March 2016. It is a five-member commis -
sion appointed by the City Council to review and make
recommendations related to the implementation of
the City's Climate Action Plan and progress towards
reducing the City's Greenhouse Gas emissions.
Sustainability Division staff serves as liaison.
7CITY MANAGER'S OFFICE
Overview
Information Technology was a division of the City
Manager’s office in FY 2016. Information Services is
responsible for internal and external technology and also
ensures constituents have easy access to City information
via the communication technology of their choice. Its pro -
gram areas include: Information Technology, Geographic
Information Systems, Applications, and Video.
Major Efforts and Accomplishments
• Control room upgrade — Completed design and
initiated installation phase of the video control room
upgrade project. The new control room system
allows for the recording and streaming of events in
high definition; supports an expanded scope of live
broadcasting and improves signal routing efficiency.
• Community Hall technical systems upgrade —
Began design work on the community hall technical
systems upgrade project. Identified the specific com -
ponents needed to complete the project. Installation
phase is scheduled for December 2016 – May 2017
• CatDV assets management system — Began the
first phase of the CatDV project by consolidating me -
dia assets into an organized folder structure within
the SAN. CatDV is central database/repository for all
media files within the City’s network—one that can
be easily accessed by all employees.
• Expansion of digital signage displays to rec-
reation facilities — Expanded our digital display
network at the Quinlan Community Center (to three
monitors), and added displays at the Senior Center
and the Sports Center.
• Upgraded the EOC audiovisual system — Added a
new projector, programmable touch screen, inte -
grated switching system, etc. to the EOC.
• Expanded video presence on social media — This
included a series of live Periscope broadcasts with
then-Mayor Rod Sinks.
• Added Cupertino traffic signals to the asset
management system — Traffic signals are the
newest asset to be included in the Cupertino asset
management system, Cityworks. In a collaborative
effort between Traffic Signal Technicians, Traffic
Engineering, and GIS, the asset data models were
created, data inventories collected and user work-
flows integrated in the Cityworks application. The
application includes work orders, inspections, reports
dashboards, notifications, and training. The Traffic
Signal Division is currently in full swing creating work
orders attached to feature assets, performing inspec -
tions on assets and updating inventories in the field.
• Open Data Portal — Cupertino.org/GIS has been
redesigned to make GIS data more accessible to
all stakeholders. Among those services is an Open
Data Portal that allows users to explore and down-
load our publically available GIS data. This site offers
the ability to search, filter, download and uses API
Access to over 50 GIS datasets. Access it here:
gis.cupertino.opendata.arcgis.com
• Information Technology assessment — An in-
depth assessment of the Information Technology
Division was performed by NexLevel LLC to gauge
the Division’s ability to meet the City’s ever-growing
technology needs and improve customer service.
As a result, Bill Mitchell was hired as the City’s first
Chief Technology Officer (CTO) in April of 2016.
DEPARTMENT DIVISION:
INFORMATION SERVICES DIVISION
76
Office of the City Clerk
Overview
The City Clerk’s office is a division of the City Manager’s
office. Responsibilities include administrative duties associ-
ated with the City Council’s agenda and actions; publishing
legal notices; posting notice of all commission vacancies;
processing codification of the City’s Municipal Code,
records management; and compliance with Public Records
Act requests. The City Clerk’s office also provides mail ser-
vice for all City Departments and administers the legislative
process including management of local elections and filings
of Fair Political Practices Commission documents.
The City Clerk actual operating expenditures for FY2016
were $592,000, which includes duplicating and mail,
election costs, and three staffing positions.
Mission
The City Clerk's office is dedicated to excellence in
customer service, encouraging community engagement
and participation in local government, creating indepen-
dent accessibility and transparency of records through
innovative technology, and exemplifying leadership by
working together to achieve the highest goals.
Major Service Efforts and
Accomplishments
2016 was an election year for Cupertino. The City
Clerk’s office handled the usual City Council Candidate
process helping eight candidates to qualify to run.
The Clerk’s office also processed an unprecedented
number of Initiative petitions (four) and one Recall peti -
tion. Two of those Initiative petitions qualified for the
November 8, 2016 ballot as City Measures. ■
8 CUPERTINO ANNUAL REPORT FISCAL YEAR 2015–2016
Information Services Department control room
• Desktop environment technology refresh — Long-
standing issues with the City’s desktop environment
were resolved. A technology refresh program was
developed to ensure continued success.
Productivity and Efficiency
Improvements
• Completed Storage Area Network (SAN) for
media files — All media files (videos and images)
are now located in a central repository that can be
accessed and edited from any computer on the
network.
• Transitioned to Adobe Creative Cloud for all
multimedia projects — Adobe Creative Cloud is
a single, integrated platform that improves overall
workflow efficiency.
Commissions
The Technology, Information & Communications
Commission (TICC) advises the City Council and
informs the community about issues relating to
the rapidly changing fields of communication and
technology.
77
9RECREATION & COMMUNITY SERVICES
Recreation & Community Services
Overview
The Cupertino Recreation and Community Services Department aligns its programs and activities to the depart-
ment’s vision, mission, values, and outcomes.
Mission
The Department is committed to providing opportunities, resources, and services to the community to enhance
the quality of people’s lives through recreational, educational, and cultural experiences. Our vision is to create a
positive, healthy, and connected community.
Goals and Objectives
• Healthy Community (Blackberry Farm Golf Course, Cupertino Sports Center, swimming, tennis, soccer, soft-
ball, basketball and many other venues)
• Creative and Playful Community (Summer Camps, Blackberry Farm Park, Noon-time recreation in our schools,
dance, music and art)
• Well-Educated Community (Preschool, ESL classes, After-school Enrichment programs, Summer school and
computer classes)
• Connected and United Community (Service camp, festival support, Senior Trips, Case management, Helping
Hands, leaders in training, Block Leaders and Disaster Preparedness)
• Fiscally Responsible Community (adheres to budget and embraces an active volunteer program)
78
10 CUPERTINO ANNUAL REPORT FISCAL YEAR 2015–2016
Divisions
The Cupertino Recreation
and Community Services
Department Divisions consist
of Administration; Sports,
Safety, and Outdoor Recreation;
Recreation and Education;
and Business and Community
Services. In addition, we are
the liaison to the Santa Clara
County Library System and to
our three school districts.
Operating Budget
The Department’s Fiscal Year 2015-2016 operating
budget expenditures were $10.8 million with 32.18
permanent, benefited positions.
Highlights for Last Fiscal Year
• Opened a new Environmental Education Center and
renovated Blacksmith Shop at McClellan Ranch
Preserve
• Completed installation of a new multi-purpose
sports court at the Cupertino Sports Center
• Launched new department-wide recreation manage -
ment software project
• Held the second annual “Harvest Festival” at
Blackberry Farm
• Continued to partner with Acterra on a multi-year
project to restore the Meadow at McClellan Ranch
Preserve
• Held nine Neighborhood Watch meetings with
approximately 230 residents in attendance and
organized a successful National Night Out event in
partnership with Target
• Held quarterly Block Leader meetings and two
additional meetings, including a training on authen-
tic leadership by Mike Robbins, a walking tour of
Memorial Park, a burglary prevention presentation
by the Sheriff’s Office, the 14th Annual Block
Leader appreciation event, and recruited and ori-
ented 17 new Block Leaders to the program
• Offered the McClellan Ranch Creek studies program
to all third grade CUSD classes as well as three char-
ter schools. This year’s program was expanded to
include McClellan Ranch staff visiting several school
sites to assist students with preparation for their
Project Based Learning (PBL) presentations
• Harvested 4,501 lbs of fruit from the Stocklmeir
Orchard
• Supported the well-attended
community and cultural
festivals including Kids ‘N Fun,
Food and Art Festival, Silicon
Valley Fall Festival, DogFest
Silicon Valley, Diwali, Veterans
Day, Cherry Blossom, and
World Journal
• Held successful annual
July 4th event at Memorial
Park and Blackberry Farm:
Approximately 700 people at-
tended the pancake breakfast,
children’s carnival, parade, flag
raising, and concert at Memorial Park and another
900 attended Blackberry Farm with 815 people us-
ing the pool
• Produced successful Summer Concert series with
seven performances at Memorial Park Amphitheatre
• Hosted nine well-attended “Romeo and Juliet”
performances presented by the San Francisco
Shakespeare Company
• Enrolled 332 participants in the Preschool Program
for the 2015-16 school year
• Accomplished another successful Breakfast with
Santa event at the Quinlan Community Center for
186 participants; achieved full registration for Santa
visits at 56 houses over the holiday season
• Sold 1,176 annual memberships, 2,632 monthly
passes, 1,511 day passes and 2,372 drop-in passes
for classes and sports at the Sports Center
• Registered 5,549 participants for tennis, badminton,
table tennis, pickleball, volleyball, and Kids Castle
programs
• Generated $355,617 in Golf Course revenue and pro -
vided over 28,000 rounds of golf to the community
Enjoying the Big Bunny 5K & Fun Run
Blackberry Farm Golf Course
79
11RECREATION & COMMUNITY SERVICES
• Signed up over 1,000 participants for the Big Bunny
5K and Fun Run, which included partnerships with
12 local vendors
• Taught 1,597 youth and adults via the 8-week summer
"Learn to Swim" program at Cupertino High School
• Honored 235 members at the Senior Center
Volunteer Appreciation Luncheon in March who
contributed a total of 23,657 service hours
• Provided case management services, lectures, blood
pressure checks, SALA and housing appointments
to over 600 Senior Center members and residents
• Supported activities of the Citizen Corps, which had
319 volunteers participating in 2,859 hours of activa -
tions, exercises, and trainings. These included the
completion of four major Eagle Scouts projects, three
ARK Coffee Quake outreach events for community
education, and three activations requested by the
Sheriff's Office for missing persons.
• Offered over 48 new programs at the Senior Center
Major Projects/Programs/
Accomplishments
• Launched the City Wide Parks, Open Space and
Recreation Master Plan and conducted public outreach
• Offered new McClellan Ranch Programs, includ-
ing Primitive Skills Workshops, History Walks,
Exploring the Night Sky, Basketry Workshops, Ant
Presentations, and Lichen Walks
• Rebranded the enrichment partnership with CUSD as
Before and After School Enrichment (BASE) and en-
rolled 520 students, generating $105,000 in revenue
• Introduced new pro -
grams at the Cupertino
Sports Center: volleyball,
cricket, basketball
classes, Bootcamp, and
Pound (fitness class with
drumming incorporated)
• Participated in the
World’s Largest Swim
Lesson event and
partnered with the
Library and YMCA for
the International Yoga
Day
• Provided and man-
aged first International
Mystery Trip offered
through the Senior
Center with full capacity and 98% satisfaction rating.
A total of 534 people participated in the Senior Center
Travel Program, which included 37 new trips, with a
93% overall satisfaction rating
• Offered Sounds of the City the first intergenerational
concert held at the Senior Center. Two senior and
three teen groups performed to an audience of over
120 — earning a 91% satisfaction rating
• Completed a department re-organization in April
2016, resulting in three newly formed divisions,
including Business and Community Services
• Participated in emergency preparedness trainings
which included a Red Cross Shelter Management
table top discussion, active shooter trainings, fire
& earthquake drills, severe weather planning, and
compilation of emergency “Go-Kits”
Productivity and Efficiency
Improvements
• Executed contract with PerfectMind™ recreation soft-
ware and launched discovery and requirements gathering
phase for the Department’s new software system
• Completed audit of customer service procedures,
including an internal review of business processes in
preparation for the implementation of a new recreation
software system
• Added a new ceramics wheel to the Wilson Park
Building, due to popular demand
• Constructed new fencing and planter boxes for the
Badminton at the Sports Center
Basketball class at
Cupertino Sports Center
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12 CUPERTINO ANNUAL REPORT FISCAL YEAR 2015–2016
Cupertino Community Gardens through the Eagle
Scout program
• Added improvements to the Teen Center: new computer
consoles, flat screen television, and new ping pong table
Awards, Grants & Recognitions
• Presented: A California Park and Recreation Society
(CPRS) District 4 citation award was given to two
Senior Center volunteers
• Selected: Senior Center volunteers Cliff and Monica
Chung were given a CREST Award for making major
contributions to the quality of life in Cupertino during
the 2015 calendar year
• Elected: California Parks and Recreation Society
(CPRS) District 4 elected Recreation Coordinator
Justin Cecil, CPRP, to the CPRS District 4 Aging
Section Representative Chair position, and Recreation
Coordinator Kelsey Hayes as the V.P. of Finance
• Accomplished: Recreation Coordinators Molly
James and Rachelle Sander successfully completed
the Supervisor Management School Training of-
fered through the National Recreation and Parks
Association (NRPA)
• Achieved: Recreation Manager Christine Hanel
received Certified Park and Recreation Professional
certification through NRPA
Commissions
Teen Commission
The Teen Commission is a nine-member commission
that advises the City Council and staff on issues
and projects important to youth. Recreation and
Community Services staff serves as liaison.
• Participated in the Annual YAC Attack Conference
in Mountain View and the Youth for Environment &
Sustainability Conference in Berkeley
• Implemented several city-wide teen events includ-
ing: Sounds of the City, Walk-One-Week, and Inspire
Dream Empower Achieve (IDEA)
• Collaborated with city staff to design, promote, and
collect the Teen Center Relocation Survey
Parks and Recreation Commission
The Parks and Recreation Commission is a five-member
commission that advises the City Council on municipal
activities in relation to parks and recreation. Recreation
and Community Services staff serves as liaison.
• Adopted a work program that focused on long-term
goals and objectives including park master planning
and associated program needs in the Stevens Creek
to McClellan Ranch Corridor
• Adopted criteria for Parks & Recreation Commission
Capital Projects
• Updated the Parks & Recreation Commission
Ordinance
• Appointed two new commissioners
Library Commission
The Library Commission consists of five members
appointed by the Council that advises the City Council
on the adequacy of library service within the Cupertino
Community and other such matters related to library
services and serves as the liaison between the city
and the Santa Clara County library system. This
commission now resides under the Recreation and
Community Services Department
The commission works in partnership with the Cupertino
Library Foundation, the Friends of the Library and the City
to support the Poet Laureate program. ■
One of the fundraising activities held at the Senior Center
81
Cupertino residents of all ages enjoyed the "Pedal for the Planet" Family Bike Ride event
13PUBLIC WORKS
Public Works
Overview
Mission
The Public Works Department provides responsive and high quality public works services and projects to the
public and other City departments in the areas of engineering, construction, environmental services, operations
and maintenance.
Goals and Objectives
The Public Works Department creates a foundation for a great community by providing services and projects that
are the result of collaborative interactions with the community’s residents, businesses and City Council. These
services and projects are:
• Supportive of an informed public
• Sustainable
• Safe
• Conducive to a high quality of life
• Compliant to regulatory requirements
We achieve these goals by:
• Providing prompt response to our clients on requests for services and complaints
• Programming and delivering Capital Improvement Projects in a timely and cost-efficient manner
• Working with other City departments to consistently deliver efficient, high-quality services
• Representing the City regional issues such as congestion management and stormwater management
• Managing regulatory programs such as stormwater pollution prevention, solid waste and recycling programs
Operating Budget Actuals
The Department had a staff of 82.12 and actual operating expenditures of $31.6 million in Fiscal Year 2015-2016.
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14 CUPERTINO ANNUAL REPORT FISCAL YEAR 2015–2016
Department Divisions
Development Services
Responsible for:
• Development review, encroachment permitting, and
support of the development counter
• Reviewing private developments to ensure confor-
mance with City standards and policies
• Inspection services ensuring compliance with City
standards on public and private projects
• Responding to citizen and other requests related to
infrastructure and other public facilities
Environmental Programs
Responsible for the management of environmental
programs including:
• $10 million annual solid waste, recycling and com-
posting contract
• Household Hazardous Waste program
• Compliance with the State-mandated Municipal
Regional Storm Water Permit
Transportation
Responsible for developing and maintaining a safe and
efficient transportation network, which includes:
• Maintenance of 56 traffic signals
• Placement of traffic signs, pavement markings, and
other traffic control features
• Reviewing development proposals for traffic im -
pacts, mitigations and improvements
• Representing the City on various VTA working com-
mittees
• Leading and managing Safe Routes to School
Program
• Implementing Bicycle and Pedestrian Master Plans
Capital Improvement Program
Administer varied Capital Improvements including:
• Development of master plans and the management of
the design and construction of improvements to streets,
recreation, park and trail facilities, and City buildings
Maintenance
Grounds
Maintains all 21 park and open space areas, which includes:
• 140 acres of landscape, athletic field, and recreational
turf areas
• Nine CUSD athletic and landscape areas comprising
another 55 acres
Streets
• Maintain City streets, traffic signs and markings,
concrete, and streetlights
• Responsible for storm drain maintenance, and man -
agement of street sweeping and school crossing
guard contracts
Trees and Right-of-Way
• Maintain the safety, health and appearance of ap -
proximately 14,360 street trees and 31.5 acres of
developed median islands
Facilities and Fleet
• Provide building and systems maintenance to 16
buildings and nine single standing restroom facilities
• Responsible for evaluation of replacement equip -
ment regarding life cycle costs and energy
consumption
• Administer janitorial contract for all City facilities
• Maintain 94 vehicles, 54 rolling stock, 18 trailers, 17
riding mowers, and 308 pieces of power equipment
Major Service Efforts and
Accomplishments
Development Services
• Reviewed 204 projects, including Hyatt House,
Foothill Apartments, and portions of Apple Campus 2
• Provided support to Community Development for
early project review and conditioning of various proj -
ects, including the Hamptons and Marina Projects
• Assisted developers and contractors through the
construction process, including ongoing inspection
services and review of construction revisions
• Issued 356 Encroachment Permits for work in the
right of way
Monte Vista Storm Drain
83
15PUBLIC WORKS
Environmental Programs
• Achieved 75.8% litter reduc -
tion, surpassing the 60%
state stormwater require -
ment for 2016
• Received, with partners, a
National Award for Municipal
Stormwater Management,
Green Infrastructure, and
Innovation from Water
Environment Federation
• Inspected 76 businesses
for potential to pollute
stormwater; investigated and
resolved 131 stormwater
complaints
• Partnered with Monte Vista
High students to install
permanent recycling and trash bins on McClellan
Road in high litter areas
• Achieved a 47% increase in businesses participating in
separating organics, as a result of staff visits and events
• Confirmed by CalRecycle: Cupertino employers
achieved 75% waste diversion
• Engaged 5,000 community members in environmen-
tal stewardship at nine events
• Donated compost from food and yard waste collec -
tion to 1,328 residents
Transportation
• Launched Safe Routes to School Pilot Program,
partnering with six schools in Cupertino to develop
strategies to improve student safety and encourage
walking and biking to school
• Completed a citywide study of intersections and
streets to compile a prioritized list of locations for
crosswalk flashing warning lights, radar speed feed-
back signs and crossing guards
• Expanded network of electric vehicle charging
stations to include the Quinlan Center and library
parking lots
• Expanded fiber optic communication network to
outlying traffic signals to enhance operation and
maintenance efficiency
Capital Improvement Program
In FY2016, of the 33 projects that were funded, 28
were in some active state of development during the
course of the year, and of those, 12 were completed.
• Resurfaced 18 Sports Center Tennis Courts: the
west side court resurfacing was completed in
November 2015, and the east side courts were
finished in October 2016
• Replaced wooden floor in Senior Center Exercise
Room
• Replaced Cupertino Room lighting in Quinlan
Community Center
• Designed and installed landscaping at Mary Avenue
Senior Center
• Completed demolition and removal of Simm's House
at McClellan Ranch West
• Implemented Bicycle and Pedestrian Facility
Improvements to achieve 80% of 2015 Bicycle Plan
Update
• Concluded construction of Monta Vista Storm Drain
System (Orange & Byrne Ave.) over summer 2015
Maintenance
Grounds Division
• Continued goose management at Memorial Park
• Installed new irrigation pump at Jollyman Park
• Converted existing sprinklers to pressure regulated
sprinklers at several parks and school sites (qualified
for rebates from SCVWD)
• Completed Sports Center sign and plant renovation
and conversion to drip irrigation
Streets Division
• Repainted 159 street legends
• Repainted 21 legends in school zones2016 Bike Fest
84
16 CUPERTINO ANNUAL REPORT FISCAL YEAR 2015–2016
• Installed 78 new signs
• Replaced 251 various types of existing signs
• Inspected and cleaned 1,443 storm drains
• Completed LED streetlight upgrade in the Monta
Vista commercial area
Tree/Right of Way Divisions
• Planted 447 trees (368 new locations)
• Trimmed 3,069 trees
• Removed 77 dead, dying, diseased or unsafe trees
• Renovated median on Stevens Creek Blvd west of
Miller Avenue
• Renovated median on Stevens Creek Blvd east of
Saich Way
• Converted irrigation on median strips to drip systems
and installed new plants on medians throughout the City
Facilities & Fleet Division
• Installed new LED lights at the Welding Shop, Signal
Maintenance Building and Senior Center
• Installed additional panic alarms and blue strobes at
Quinlan Center
• Constructed new courtyard at McClellan Ranch
consisting of 45 feet of new redwood fencing and
three yards of rock
• Switched to renewable diesel fuel to reduce our
carbon footprint
Productivity and Efficiency
Improvements
• Developed updated standard form contracts for
professional services
• Implemented utility data software that tracks and
validates municipal usage of water, electric and gas
• Reduced municipal water use by 31% as compared
to 2013
• Completed GIS layer for all municipal water services
including the irrigated area for all open space locations
• Installated new vehicle and equipment fuel manage -
ment system at the Service Center
• Converted all diesel fleet service vehicles from petro -
leum fossil diesel to renewable diesel derived from
waste agricultural products. Greenhouse gases reduced
by 60+% with no modifications to equipment necessary
• Implemented the second tier of mandated organic
recycling for commercial customers
Awards, Grants & Recognitions
• Received CPRS District 4 and State Award of
Excellence in Facility Design for the Environmental
Education Center and Renovated Blacksmith Shop
• Received a national American Public Works
Association (APWA) award as national Public Works
Project of the Year for 2015 for the Stevens Creek
Corridor Park and Restoration Phase 2 project
• Received a statewide award from California
Stormwater Quality Association (CASQA) for
Outstanding Sustainable Stormwater Project for wa -
ter quality protection for the Stevens Creek Corridor
Park and Restoration Phase 2 project
• Received a regional award from American Society
of Civil Engineers (ASCE), San Francisco section for
Outstanding Sustainable Project of the year for Stevens
Creek Corridor Park and Restoration Phase 2 project
• Received a regional award from Santa Clara
Valley Urban Runoff Pollution Prevention Program
(SCVURPPP) which honors innovative site design
and sustainable practices to protect water quality, for
Stevens Creek Corridor Park and Restoration Phase 2
• The City’s Pavement Management Program was
selected as the winner of the League of California
Cities 2016 Outstanding Local Streets and
Roads Project Awards Program in the “Efficient
and Sustainable Road and Bridge Preservation,
Maintenance, Construction and Reconstruction
Projects” category
• The Safe Routes to School Program was awarded
Partnerships to Improve Community Health (PICH)
Grant Cycle 2
Commissions
Bicycle Pedestrian Commission
• Completed 2016 Bicycle Transportation Plan Update,
which includes recommendations for new Class IV
(separated) bike lanes and a Class 1 off-street bike
loop around Cupertino
• Coordinated the successful operation of an Energizer
Station on Bike-to-Work Day, the second annual Bike
Safety Rodeo and a six-mile family bike ride around
Cupertino to encourage ridership
Parks and Recreation Commission
• Presented various updates and final reports to the
P&R Commission and Library Commission
• Presented proposed CIP budget to P&R Commission ■
85
17COMMUNITY DEVELOPMENT
Main Street Cupertino
Community Development
Overview
Mission
The mission of the Community Development Department is to design and build a cohesive, safe, vibrant, and
economically strong City through comprehensive policy, community engagement, planning, permitting, and public
education.
Goals and Objectives
• Ensure a safe and healthy community
• Conserve resources and the environment
• Emphasize community values
• Provide excellent customer service
• Practice efficiency and fiscal responsibility
Operating Budget
The Cupertino Community Development Department aligns its budget and programs to the department’s mission
and goals. The department’s operating budget for Fiscal Year 2015-2016 was $12.1 million, offset by $15.7 million
in revenue. Revenues exceed expenditures due to a large Apple Campus 2 payment for services provided in
FY2015. Excluding this payment, cost recovery for the department was approximately 95%.
Department Divisions
The Community Development Department consists of four divisions: Planning, Building, Housing and Economic
Development.
Community Development also assists the Planning Commission, the Housing Commission, and the Fine Arts
Commission.
86
18 CUPERTINO ANNUAL REPORT FISCAL YEAR 2015–2016
Trends for FY2016
• The number of planning applications appeared to
decrease by approximately 13% from 318 applica -
tions in FY2015 to 276 in FY2016. This was due to
the fact that multiple applications tied to a single
property are now only counted once in the new land
use tracking system, whereas previously every each
application was counted individually.
• The number of requested building inspections
appeared to decrease by approximately 7% from
17,589 inspections in FY2015 to 16,379 in FY2016,
partially due to new inspection tracking software
and the fact that Apple Campus 2 inspections are
conducted in a separate process.
• The number of building permits issued increased by
approximately 11% from 2,177 permits in FY2015 to
2,412 in FY2016.
• Building Valuation in Cupertino increased by approxi-
mately 27% from $327.3 million in FY2015 to
$415.6 million in FY2016.
Major Projects, Programs and
Accomplishments
• From July 1, 2015 to June 30, 2016, Apple Campus
2 completed the structure of the parking garages
and began construction on the research and devel-
opment buildings on North Tantau Avenue
By June 30, 2016:
• Main Street Cupertino — Building permits were
approved for the hotels, apartments and park; Lazy
Dog, Philz Coffee, LYFE Kitchen and Eureka! restau-
rants opened
• Nineteen800 Rosebowl — Cooper Vino, The Kebab
Shop, Vitality Bowls and Kula Sushi opened
• Marina Plaza — Reviewed by Planning Commission
on June 14, 2016
• Cupertino Village — Retail Buildings A&B had
temporary certificates of occupancy; MOD Pizza,
Pancheros Mexican Grill, and Key Point Credit Union
opened
• The Biltmore Clubhouse and 6 attached residential
units — Building permits were approved and con-
struction had started
• Saich Way Station — Vitamin Shoppe, The Melt, The
Coder School, H&R Block, T-Mobile and Blast 825
opened
• Hamptons — City Council reviewed and approved
the project on June 21, 2016
Productivity and Efficiency Improvements
• Community Development went paperless on
January 11, 2016. Applicants must now submit elec -
tronic plans, which can be reviewed with the newly
implemented ProjectDox system.
• Building, Planning, Public Works, Environmental
Services, and Cupertino Sanitary District started
reviewing and approving plans electronically. This
reduced review time and eliminated the inefficiency
of paper movement and storage.
DEPARTMENT DIVISIONS
PLANNING DIVISION
The Planning Division administers land use regulations
and development policies to ensure Cupertino's built
environment adapts to resident needs and enhances
livability, prosperity and sustainability.
Accomplishments in FY2016
• Hired a full-time Senior Code Enforcement Officer
who processed 54 zoning and municipal code
enforcement cases
• Made clarifications and eliminated redundancy in the
Zoning Code, and also updated several ordinances
including:
- Density Bonus Ordinance in response to AB2222
and AB744
Aerial view shows the progress of Apple Campus 2
Rendering of Marina Plaza
87
19COMMUNITY DEVELOPMENT
- Sign Ordinance to ensure compliance with out-
come of court case (Reed vs. Town of Gilbert)
- Medical Marijuana Ordinance in response to
Assembly Bills 243 and 266 and Senate Bill 643
- Parking Ordinance to allow single family homes
with non-conforming single car garages/carports to
retain them, and updated bicycle parking standards
- Water Efficient Landscape Ordinance (WELO) in
response to Governor Brown's Executive Order
B-29-15 and the State's updated Model WELO
• Processed two applications for General Plan
Authorization for Oaks and Good Year Tire site in the
first cycle of 2016
• Coordinated 9212 reports for community-led initia-
tives Measure C — Cupertino Citizens' Sensible
Growth Initiative, and Measure D — Vallco Town
Center Specific Plan Initiative
• Engaged over 180 residents with Mapping Exercise
and about 50 residents with the Landmarks Game at
Fall Festival 2015
DEPARTMENT DIVISIONS
BUILDING DIVISION
The Building Division safeguards the public health, safety,
and general welfare of residents, workers, and visitors to
Cupertino through effective administration and enforcement
of building codes and ordinances adopted by the City.
Accomplishments in FY2016
• Updated local Building Code standards in Municipal Code
• Adopted new 2016 California Code of Regulations
based on International Building Code standards
• Digitized over 130,000 building records which are
now publically available
• Trained Cupertino Sanitary District and Santa Clara
County Assessor Office to utilize electronic plan
review system.
• Piloted and improved a land use workflow system
to move projects from planning to permitting to final
inspection.
DEPARTMENT DIVISIONS
HOUSING DIVISION
The mission of the City of Cupertino Housing Division
is to provide safe, decent, and affordable housing
and services to low- and moderate-income Cupertino
households with emphasis in the following areas:
• Public Agency Employees of Cupertino
• Employees of Cupertino
• Residents of Cupertino
Accomplishments in FY2016:
• Provided management and oversight of the City’s
Below Market Rate (BMR) Program, Community
Development Block Grant (CDBG) Program, Below
Market Rate Affordable Housing Fund (AHF), and
General Fund Human Service Grants (HSG) Program
• Provided funding to complete the rehabilitation of 12 units
within Le Beaulieu Apartments, a 27-unit multi-family
Rendering of the Hamptons project, approved in FY2016
88
20 CUPERTINO ANNUAL REPORT FISCAL YEAR 2015–2016
residential affordable housing property in Cupertino
serving low income, disabled, and senior households
• Updated Policy and Procedures Manual for
Administering Deed Restricted Affordable Housing
Units (BMR Manual) which was adopted by City Council
• Committed $3.6 million in AHF funding to Charities
Housing for the development of 19 apartments, of
which 18 will be affordable to seniors 62 and older,
serving extremely low and very low incomes
• Completed CDBG Annual Action Plan and submit-
ted it to United States Department of Housing and
Urban Development (HUD)
• Completed CDBG Consolidated Annual Performance
Evaluation Report (CAPER) and submitted to HUD
DEPARTMENT DIVISIONS
ECONOMIC DEVELOPMENT
DIVISION
The mission of the City of Cupertino Economic
Development Division is to enhance the vitality of the
local economy and improve the quality of life for its
residents and visitors by working to attract, retain, and
grow business in Cupertino. These actions strengthen
the City’s local economy, build capacity, and create
jobs and general economic opportunity to sustain a
vibrant, safe, and healthy community.
Accomplishments in FY2016:
• Established the Cupertino Business & Professional
Women’s Group monthly mixers, which draw an
average attendance of 20-35
• Printed an updated version of the “How to Start a
Business in Cupertino” guide
• Engaged business and community stakeholder groups
by facilitating four meetings
and workshops to gather
input for the Economic Development Strategic Plan
• Coordinated small business training workshops regard -
ing Santa Clara County Health Department Rating
Procedures, Trademark and Patents, and Social Media
• Published the Business Buzz “BizBuzz” electronic
newsletter on a quarterly basis
• Sponsored the Silicon Valley StartUp Cup business
competition
Rendering of the Cupertino Target project, scheduled for completion in 2018
Events put on by the
Economic Development
Division
89
21COMMUNITY DEVELOPMENT
• Facilitated meetings with the Cupertino Chamber
of Commerce leadership: twice a month at the LAC
and monthly City-Chamber meetings
• Met with and attended meetings for local and regional
business organizations: SVEDA, CALED, SBDC
• Actively recruited new businesses by attending ICSC
and NorCal Alliance events and conducting outreach
by email and phone
Commissions
Planning Commission
The Planning Commission consists of five residents
who are appointed to alternating, four-year terms by
the City Council to hear and make recommendations
on all advanced planning policy documents and current
planning applications.
The five members are: Chair Alan Takahashi, Vice Chair
Margaret Gong, and Commissioners Don Sun, Winnie
Lee and Geoff Paulsen.
Housing Commission
The Cupertino Housing Commission consists of
five members who are appointed by the council to
four-year terms. One must be a representative from
a Cupertino financial institution and another from
a Cupertino business. The committee assists in
developing housing policies and strategies, recom -
mends policies for implementation and monitoring of
affordable housing projects, helps identify sources of
funding for affordable housing, and performs other
advisory functions authorized by the City Council.
The five members are: Chair Harvey Barnett, Vice
Chair Rajeev Raman and Commissioners Shirley Chu,
Sue Bose and Nina Daruwalla.
Fine Arts Commission
The Cupertino Fine Arts Commission is a group of
citizens appointed by the Cupertino City Council to
foster, encourage, and assist in the realization, preser-
vation, and advancement of fine arts for the benefit of
the citizens of Cupertino. Some of the commission’s
activities include:
• Distributing fine arts grants to individuals and groups
• Selecting an Emerging Artist of the Year
• Overseeing the selection and installation of public art
• Introducing new arts and cultural events to the com-
munity
• Exploring opportunities and developing strategies to
collaborate with other Commissions to promote Art
in the community
• Implementing the Youth Art Award Program
In FY2016, the Fine Arts Commission:
• Launched the inaugural Young Artist Awards and
selected three Cupertino students as the winners
from hundreds of entrants
• Created a broad outreach plan to connect with more
artists and property owners
• Reviewed and selected the "Energized by Art" utility
box designs
• Reviewed and approved the public art package for
Main Street Cupertino
The five members were: Chair Diana Matley, Vice
Chair Michael Sanchez and Commissioners Russell
Leong, Janki Choski and Rajeswari Mahalingam. ■
45Target + 2 x 4, SWA, The Lighting Practice & WD | July 25, 2016
View K
Another view of the Cupertino Target remodel project
90
22 CUPERTINO ANNUAL REPORT FISCAL YEAR 2015–2016
Law Enforcement
Overview
Mission
The principal mission of the Sheriff’s Office West Valley Patrol Division is the protection of life and property. The
Sheriff’s Office is dedicated to the preservation of public safety by providing innovative and progressive services
in partnership with the community.
Goals and Objectives
The Sheriff’s Office continues to make crime reduction in the City of Cupertino our main goal and objective. In re -
ducing crime, we have incorporated a number of proactive measures, including but not limited to, frequent covert
operations, targeted enforcement, probation searches, regional crime information sharing and education to our
community. These and other measures have been implemented while maintaining a fiscally responsible budget.
The Sheriff’s Office is also committed to working with various neighborhood watch programs to ensure that resi -
dents have recent crime trend information. Residents are being encouraged to call The Sheriff’s Office anytime
they see anything suspicious.
Operating Budget
The City of Cupertino’s Law Enforcement expenditures totaled $11.0 million in Fiscal Year 2015-2016. A total of 90
employees are assigned to the West Valley Division, covering the City of Cupertino. Of those employees, 83 are
sworn deputies and 7 are non-sworn. All deputies are employees of the Santa Clara County Sheriff’s Office.
Highlights from Last Fiscal Year
During FY2016, the City of Cupertino did not experience any homicides. However, there was a 17% increase in
crimes against persons compared to the previous Fiscal Year.
There were 22 robbery cases in FY2016. Deputies and detectives arrested 12 suspects in these cases.
Meanwhile, deputies and detectives continue to work on leads for the other cases where arrests have not yet
been made.
91
Property
Crimes
FY
14-15
FY
15-16
Change % Variance
Burglary*579 443 -136 -23%
Theft **197 261 64 32%
Auto Theft 45 70 25 56%
Totals 821 774 -47 -6%
Traffic
Accidents
FY
14-15
FY
15-16
Change % Variance
Fatal 1 0 -1-100%
Injury 91 132 41 45%
Property
Damage
361 311 -50 -14%
Pedestrian
or Bicycle
Involved
53 79 26 49%
Totals 506 522 16 3%
Tickets/
Citations
FY
14-15
FY
15-16
Change % Variance
Speeding 1,7051,042 -663 -39%
Moving 4,605 4,398 -207 -5%
Non-Moving 4,082 4,125 43 1%
Totals 10,392 9,565 -827 -8%
*Includes auto, commercial and residential burglaries
**Includes grand theft, Identity theft, forgery and fraud cases
Crimes Against
Persons
FY
14-15
FY
15-16
Change % Variance
Homicide 000 0%
Rape 2222 0 0%
Assault 31 51 20 65%
Robbery 22 15 -7 -32%
Totals 75 88 13 +17%
23LAW ENFORCEMENT
Law Enforcement
There was a decrease in overall property crimes by 6%,
as shown in the table above. This decrease may be
attributed to a significant decrease in burglaries, which
went down by approximately 23%. Unfortunately,
there has been a trend of increased thefts, especially
identity theft and fraud cases, a trend seen in neigh-
boring jurisdictions and counties as well. On a positive
note, FY2016 saw an overall decrease in property
crimes, whereas the previous fiscal year saw an
increase of 14%.
Traffic Related Information
Throughout FY2016, there were a total of 522 traffic
collisions, including pedestrian and bicycle related traffic
collisions. This represents an increase in collisions of
3% when compared to the previous fiscal year, as
seen in the table below. Cupertino has four dedicated
motor deputies who focus on traffic including traffic
enforcement, traffic education and collision response.
During FY2016, West Valley Patrol Deputies issued a
total of 9,565 citations. This total represents speed -
ing, moving and non-moving citations. Besides target
enforcement areas, efforts to increase safety of
motorists in Cupertino include continued participation
in grant funded enforcement programs sponsored by
the Office of Traffic Safety, such as MADD’s Avoid
the 13 DUI campaign and saturation patrols. Overall,
Deputies made 98 arrests for DUI drivers in Cupertino
during FY2016.
Major Projects, Programs and
Accomplishments
The Sheriff’s Office West Valley Patrol Division’s
School Resource Officers (SROs) remain busy and
active throughout our schools. During FY2016, School
Resource Officers provided presentations to students,
faculty, and parents on the following topics:
• Stranger Danger
• Internet Safety
• Bullying and Cyber Bullying
• Digital Media Safety/Suicide Awareness
• Traffic Calming Tips (in and around school campuses)
• Career Day
• School Attendance Review Board (SARB)
• Bicycle/Pedestrian Safety
• Bike Rodeo
• Residential Security Checks
• Mentorship
In addition, School Resource Officers conducted and
participated in the Chiefs of Police Association Active
Shooter Protocol (Run, Hide, Defend) training exercises
and lockdown drills at all public schools within the
City of Cupertino. The training is first provided to all
school staff and then the drills are conducted during
the school day with staff and students participating.
The exercises are extremely useful to school staff in
providing them with a better level of knowledge and
preparation in the event of a critical incident on their
campus.
The School Resource Officers also facilitated their
annual Teen Academy with 40 participants in total
for FY2016. Two academies were held during the fall
92
24 CUPERTINO ANNUAL REPORT FISCAL YEAR 2015–2016
and spring seasons.
This unique program
provides high school
students with a new
perspective of law
enforcement and
raises their aware -
ness of issues that
may impact them
currently and in
their future. The
program calls upon
several members of
the Sheriff’s Office to
facilitate instruction
in the areas of basic
crime, criminal investigations, narcotics, and traffic
investigations.
Finally, in the spring of 2016, School Resource Officers
created a Community Academy for adults residing in
the City of Cupertino. This entails committing to a 12
week, 40-hour academy to receive education on police
procedures and training, so the public may see what
police do. The participants also receive 40 hours of
community service credit.
Productivity and Efficiency
The Sheriff’s Office responded to a total of 37,987 calls
for service within the City in FY2016. Of the 37,987
calls for service, 9,518 calls were categorized as Priority
1, 2, or 3, which represents a 21% decrease in calls
from last fiscal year. The average response times to
these calls remained well within target goal ranges. See
the table below for the number of calls for service for
each priority type and the average response times to
these calls.
Awards, Grants and Recognitions
Heroes Run
The West Valley Patrol
Division was also recog-
nized with an Appreciation
Award on behalf of the
Valley Medical Center
Foundation for the
Sheriff’s Annual Heroes
Run, benefitting VMC
Pediatrics. This event was
hosted at the Cupertino
City Hall.
Commissions
Public Safety Commission
The West Valley Patrol Division’s Commander, Captain
Rick Sung, acted as the City’s liaison to the Cupertino
Public Safety Commission. In this capacity, he routinely
attended meetings, advised the committee on policy
(taking full advantage of his training and experience),
and prepared meeting agendas. ■
Calls and
Response
Times
Number of
Calls
FY14-15
Average
Response
Time
FY14-15
Number of
Calls
FY15-16
Average
Response
Time
FY15-16
Priority 1 73 4:48 63 4:03
Priority 2 4,317 6:36 4,326 6:58
Priority 3 5,331 11:18 5,129 13:01
Totals 9,721 9,518
Teen Academy participants enjoy a presentation
Sheriff's Office robotics
demo at Teen Academy
93
25CITY ATTORNEY
City Attorney
Overview
City Attorney Randolph Stevenson Hom is appointed by the City Council to manage the legal affairs of the City,
including the operation of the City Attorney’s Office. The City Attorney’s Office provides all legal services to the
City Council, Commissions, City Manager, department directors, and City staff.
Mission
The mission of the City Attorney’s Office is to serve the City by defending it by all legal and ethical means, and to
provide the organization and its leadership with high quality legal services and advice. These legal services include
but are not limited to the following: (1) prosecute and defend the City in any legal action such as civil matters
involving claims of personal injury or property damage, code enforcement, or any administrative action arising out
of City business, (2) prepare and review proposed legislation including ordinances and resolutions, (3) draft and/
or review contracts, agreements, and other legal documents, (4) conduct legal research and analysis, and prepare
legal memoranda.
Goals and Objectives
The goal of the City Attorney’s Office is to serve the City in a manner that supports the policy decisions set forth
by City Council, and supports the execution of City policy by the City Manager’s Office and other departments. To
that end, the City Attorney’s Office endeavors to provide comprehensive legal advice to assist the City’s leader-
ship in its deliberations. It is committed to the defense of the City’s interests.
Budget Actuals
Actual expenditures for the City Attorney’s Office in Fiscal Year 2015-2016 were $1.68 million related to costs of
operation, litigation, and staff.
94
26 CUPERTINO ANNUAL REPORT FISCAL YEAR 2015–2016
FY2016 Highlights
The City Attorney’s Office provides legal support to
all City departments. It may retain outside counsel
as necessary. The office reviews all contracts and a
variety of other City documents. It assists with the
preparation of proposed resolutions and ordinances,
and provides legal advice regarding the potential legal
implications, if any. In this capacity, the City Attorney’s
Office provided legal support to advance the following
City projects:
• Community Choice Aggregation and the City’s mem -
bership in the Silicon Valley Clean Energy Authority
• Completion of the Environmental Education Center
at Blackberry Farm
• Development Agreement for the Hamptons Project,
including tenant relocation and affordable housing
agreements
• Election Matters including Election Code section
9212 reports related to initiatives, and defend the
City in legal actions arising out of initiatives
• First Amendment Issues
• Legal Advice under new Fair Political Practices
Commission Guidelines
• Litigation and Claims including the resolution of various
legal actions
• Medical Marijuana Ordinance
• Multiple ordinance amendments and projects
— preparation and review of various ordinances,
including but not limited to those related to transpor-
tation, landscaping requirements, solar panels, and
housing density to comply with state law
• Requests for Proposals, Publicly Bid Contracts, and
Grant Review
Major Service Efforts and
Accomplishments
This past fiscal year coincided with an election year.
Accordingly, in addition to its performance of routine
legal services, the City Attorney’s Office provided sub -
stantial legal support and advice to the City Council,
City Clerk’s Office, and other departments arising out
of the November 8, 2016 General Election.
Specifically, the office prepared the City Attorney’s
Ballot Title and Summary for four separate
citizen-sponsored initiatives. It also prepared legal
memoranda, Election Code section 9212 reports, ballot
questions, and authored the City Attorney’s Impartial
Analysis. In collaboration with outside counsel, the
City Attorney’s Office successfully defended the City
in legal actions arising out of initiatives, and resolved
other legal actions arising out of contract and personal
injury in civil court.
Productivity and Efficiency
Improvements
The City Attorney’s Office is comprised by the City
Attorney, Assistant City Attorney, and a Deputy
City Attorney. Although the work load for the City
Attorney’s Office increased significantly as compared
to the previous fiscal year, it remains committed to its
charge to defend the City, and to provide high quality
professional legal services and advice to its clients.
Productivity improvements included the facilitation
of the contract review process with the continued
introduction of exemplar contracts and related updates
to such contracts, including those related to Public
Works, and Parks & Recreation.
In addition, the City Attorney’s Office continued to as-
sist the City Clerk’s Office with the coordination of the
City’s responses to Public Records Act requests. ■
95
Administrative Services
Operating Budget
The Department’s Fiscal Year 2015-2016 operating expenditures totaled $4.5 million with 12.3 permanent, benefit-
ted positions.
FY2014
Actuals
FY2015
Actuals
FY2016
Budget
FY2017
Final Budget
$5.1 $5.2
$4.5
$6.6
4 Year Expenditure History (In Millions)Actual Expenditures
Fiscal Year 2015-16 Administration
$521,806
11%
Finance
$1,295,907
29%
Human
Resources
$2,702,168
60%
The 2016-2017 Adopted Budget
Overview
Mission
The Administrative Services Department provides
responsive and high-quality internal support services
to other City departments in the areas of Budget,
Finance, Treasury, Investment and Debt Management
and Human Resources. In addition, department
personnel assist the City Manager’s Office on special
projects.
Goals and Objectives
The Department strives to provide internal and external
customers with a service level that will:
• Provide meaningful financial information to the public
and to City departments
• Ensure a financially-sustainable organization
• Maintain a high-level of professionalism in all division
deliverables
• Cultivate a desirable work environment
• Ensure compliance with laws and regulations
• Deliver all service in a timely, accurate, and respect-
ful manner
27ADMINISTRATIVE SERVICES96
Department Divisions
Administration
• Oversees and coordinates the Human Resources
and Finance divisions
• Provides staff support to the Fiscal Strategic and
Audit Committees
• Fulfills all duties of the City Treasurer
Finance
• Oversees all finance and treasury functions including,
budget, investments, banking, payroll, accounts
payable, general ledger, business license, and debt
management
• Prepares and monitors the budget and provides
accurate and timely recording of $110.3 million in
City revenues and $107.8 million in expenditures
• Manages the City’s investment portfolio of $123.1
million to obtain safety of funds, cash flow liquidity,
and a reasonable rate of return
• Monitors and updates the City’s investment policies
annually
• Monitors performance of investment manager for
funds in the City’s Other Post Employment Benefit
(OPEB) trust
• Assists the City Manager’s Office on special projects
related to finance and treasury
• Fulfills all duties of Deputy City Treasurer
Human Resources
• Responsible for the administration of a full range of
human resources, employee benefits and labor rela-
tions including hiring, labor negotiations, discipline,
employee benefits, and retirement administration
• Administers the Risk Management and Workers
Compensation programs, City-wide training, and
Wellness programs
FY2016 Highlights
• Supported initial efforts of the Silicon Valley Clean
Energy Authority, a Cupertino JPA, to procure credit
facilities and banking services to launch Authority
operations
• Successfully moved to online employee timesheet
reporting, including all part-time employees
• Enhanced budget development and reporting for
increased transparency and accountability through
OpenGov.org
Major Service Efforts and
Accomplishments
• Assisted in preparing a balanced budget for FY2016
• Managed 5,493 active business licenses, including
1,114 new licenses and 2,449 renewals
• Processed and paid 14,410 vendor invoices
• Processed the bi-weekly payroll for 312 full- and
part-time staff
• Improved the forecasting and trend information on
the quarterly budget reports to the City Council
• Provided financial analysis and guidance to the Apple
Campus 2 project team
• Implemented financial components of the City’s land
management software implementation
Productivity and Efficiency
Improvements
• Continued the implementation of Business Analytics
Reporting through the City’s new ERP system (New
World)
• Reduced the number of paystubs and checks being
printed from over 300 to 31 — a 90% decrease
• Added 8 years of historical monthly data to the City’s
transparency portal that makes the City’s financial
data available live 24/7/365
Awards, Grants & Recognitions
• Awarded the Government Finance
Officers’ Association (GFOA ) Award of
Excellence for the City’s annual financial
report
• Awarded the California Society of
Municipal Finance Officers (CSMFO) Excellence
Award for the City’s an -
nual budget and Consolidated
Annual Financial Report (CAFR)
Commissions
The Administrative Services Department provides staff
support for the Audit Committee and Fiscal Strategic
Plan Committee.
• Assisted in the development of a new budget and
quarterly reporting
• Recommended changes to the City’s Investment
Policies that were adopted by Council ■
28 CUPERTINO ANNUAL REPORT FISCAL YEAR 2015–201697
98
For additional information:
• Visit our website: www.cupertino.org
• Watch City Council meetings on Cable Channels 26/99 or on the web
• Submit a request online to Access Cupertino: www.cupertino.org/accesscupertino
• Follow the City at www.cupertino.org/twitter and www.cupertino.org/facebook
For all City services call: 408-777-CITY (2489)
Contact Information
Sheriff & Fire (Dial 911 for emergencies)
Sheriff Westside Station,
1601 S DeAnza Blvd
868-6600
Administrative Services
Department/Finance
777-3220
Building Dept.777-3228
City Clerk 777-3223
City Manager 777-3212
Code Enforcement 777-3182
Cupertino City Hall • 10300 Torre Avenue • Cupertino, CA 95014
408-777-3220 • Fax: 408-777-3109 • www.cupertino.org
Economic Development 777-7607
Emergency Preparedness 777-3120
Human Resources 777-3227
Library (Santa Clara County)446-1677
Neighborhood Watch 777-3177
Recreation & Community Services 777-3120
Planning Dept.777-3308
Public Works Dept. 777-3354
All phone numbers are area code 408
99
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-2167 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:11/10/2016 City Council
On agenda:Final action:1/24/2017
Title:Subject: Council committee appointments
Sponsors:
Indexes:
Code sections:
Attachments:A - Committee Assignments
Action ByDate Action ResultVer.
City Council1/24/20171
Subject: Council committee appointments
Approve Council committee appointments
CITY OF CUPERTINO Printed on 1/18/2017Page 1 of 1
powered by Legistar™100
2017 Council Committees
1]
1/13/2017
2017 Council Committees Barry Steven Savita Darcy Rod 2016 Representative Meetings
Association of Bay Area Governments (ABAG)X Darcy 2x a year
Alt Alternate - Savita
Audit Committee (City of Cupertino)X X Rod and Darcy Quarterly
Comprehensive County Expressway Planning Study Policy Advisory
Board X
Savita TBD
Alt Alternate - Barry
Disaster Council (Cupertino)X Savita Quarterly
Alt Alternate - Darcy
Economic Development Committee X X Barry and Savita Quarterly
Environmental Review Committee X Rod 2x a month
Alt Alternate - Savita
Fiscal Strategic Planning Committee X X Rod and Darcy Monthly
March-June
Legislative Review Committee X X Barry and Gilbert As Needed
League of California Cities - Peninsula Division All All All All All ALL 3x a year
Dinner
Meetings
Santa Clara County Cities Association - Board of Directors X Rod Monthly
Alt Alternate - Barry
Santa Clara County Cities Association - City Selection Committee X Rod As Needed
Alt Alternate - Barry
Santa Clara County Cities Association - Legislative Committee X Rod (Chair for 2016)As Needed
Alt Alternate - Barry
101
2017 Council Committees
2]
1/13/2017
2017 Council Committees Barry Steven Savita Darcy Rod 2016 Representative Meetings
Santa Clara County Library District Joint Powers Authority - Board of
Directors X
Gilbert Quarterly
Alt Alternate - Barry
Santa Clara Valley Water Commission X Darcy Quarterly
Alt Alternate - Savita
2nd Alternate - Timm Borden
Santa Clara Valley Transportation Authority X Savita Monthly
Policy Advisory Committee Alt Alternate - Barry
School Board Liasion X Rod Quarterly
FUHSD, CUSD, Foothill-DeAnza Community College District Alt Alternate - Barry
Sister City Committees
Taiwan,
Hsinchu
Bhubaneswar,
India;
Copertino,
Italy;
Toyokawa,
Japan Gilbert Monthly
Alternate - Darcy (3 cities)
West Valley Mayors and City Managers X Barry Monthly
Alt Alternate - Savita
85 Policy Advisory Board X Rod Monthly
Alt Alternate - Barry
Silicon Valley Clean Energy Authority (SVCEA) JPA X Rod 4x a year
Alt Alternate - Darcy or as needed
102
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-1883 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:8/3/2016 City Council
On agenda:Final action:1/24/2017
Title:Subject: Consider adopting a resolution supporting the prohibition of industrial clear-cut logging in the
forests of California
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Resolution
B - Resolution Letter
C - Clear-Cutting Resolutions from Other Cities
Action ByDate Action ResultVer.
City Council1/24/20171
Subject:Consideradoptingaresolutionsupportingtheprohibitionofindustrialclear-cut
logging in the forests of California
AdoptResolutionNo.17-004supportingtheprohibitionofindustrialclear-cutlogginginthe
forests of California
CITY OF CUPERTINO Printed on 1/18/2017Page 1 of 1
powered by Legistar™103
OFFICE OF THE CITY MANAGER
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3212 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: January 24, 2017
Subject
Consider adopting a resolution supporting the prohibition of industrial clear-cut
logging in the forests of California.
Recommended Action
Adopt the attached draft resolution supporting the prohibition of industrial clear-cut
logging in the forests of California.
Background
The Sierra Club Loma Prieta Chapter requested that the Cupertino City Council
consider adopting a resolution encouraging the State legislature and Governor to take
steps to prohibit industrial clear-cut logging in the forests of California (Attachment B).
Discussion
At the request of Council, staff conducted research on clear-cutting in California and
drafted the attached resolution.
According to the proponents of this resolution, widespread industrial clear-cutting
commonly involves the removal of virtually all trees in 20-30 acre tracts and requires
broad, repeated application of toxic herbicides that can potentially enter waterways; all
of which increase the potential risks of wildfires, landslides, soil erosion, pest invasions,
tree diseases, and loss of biodiversity. Although clear-cutting is already prohibited in
Santa Clara, Santa Cruz, San Mateo, San Francisco, and Marin Counties, it is still
allowed on private land elsewhere in California.
California forests are valuable resources that sequester carbon, release oxygen, cool
streams, prevent flooding and siltation, resist fire, host recreation supporting the
economy of mountain communities, and provide food, shelter and migration routes for
wildlife. Cupertino values our urban forest as evidenced by our open space and “Tree
City USA” status which the City has earned every year since 2012.
Nearby cities have taken action at the behest of the Sierra Club. The City of Saratoga
wrote a letter to the Governor stating their opposition to clear-cutting, while the City of
Sunnyvale has placed the issue on their list of desired legislation. The cities of San
104
Francisco, Monte Sereno, Menlo Park, Brisbane, Berkeley, Daly City, and Davis have
passed similar resolutions (Attachment C).
The City of Cupertino’s Sustainability Commission recommends that Council adopt the
draft resolution supporting the prohibition of industrial clear-cut logging in the forests
of California.
Sustainability Impact
Adopting this resolution could encourage the State legislature to prohibit clear-cutting
which would reduce the negative impacts described above throughout California,
fostering resilient and biologically diverse forests.
Fiscal Impact
None anticipated.
_____________________________________
Prepared by: Katy Nomura, Management Analyst
Reviewed by: Jacqueline Guzman, Deputy City Manager
Approved for Submission by: David Brandt, City Manager
Attachments:
A – Proposed Clear-Cutting Resolution
B – Resolution Letter
C – Clear-Cutting Resolutions from Other Cities
105
1
RESOLUTION NO. 17-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CUPERTINO SUPPORTING THE PROHIBITION OF
INDUSTRIAL CLEAR-CUT LOGGING IN THE FORESTS
OF CALIFORNIA
WHEREAS, there is significant public opposition to the logging method known as
widespread industrial clear-cutting; and,
WHEREAS, the forests of California are not only revered by the people but are the
source of more than 60% of the State’s developed water supply; and,
WHEREAS, our forests fight global warming as they store carbon, release oxygen, cool
streams, prevent flooding and siltation, resist fire, provide food, shelter and migration routes for
wildlife, and host public recreation supporting the economy of mountain communities; and,
WHEREAS, widespread industrial clear-cutting commonly involves the removal of
virtually all trees in 20-30 acre tracts, which are then replaced with even-aged tree plantations,
and requires broad, repeated application of toxic herbicides that can enter waterways – all of
which increase the risk of wildfires, landslides, soil erosion, loss of biodiversity, pest invasions,
and tree diseases; and,
WHEREAS, clear-cutting is prohibited within the boundaries of Santa Clara, Santa Cruz,
San Mateo, San Francisco and Marin Counties; and,
WHEREAS, California's forests urgently need the protection of sustainable selective
logging to generate forests with trees of multiple ages and species, that can produce sufficient
wood products and create more jobs than clear-cutting.
NOW THEREFORE, THE COUNCIL OF THE CITY OF CUPERTINO DOES
RESOLVE AS FOLLOWS:
SECTION 1. Encourages the State legislature and the Governor of California to prohibit
industrial clear-cutting logging in the forests of California.
PASSED AND ADOPTED at the regular meeting of the City Council, held on the 17th
day of January, 2017 by the following vote:
Vote Members of the City Council
AYES:
NOES:
106
2
ABSENT:
ABSTAIN:
ATTEST:
__________________________________
Grace Schmidt, City Clerk
APPROVED:
_________________________________
Mayor Savita Vaidhyanathan, City of
Cupertino
107
*Conservation Fund, Humboldt Redwood Company, Mendocino Redwood Company, Redwood
Forest Foundation, Collins Pine, and Big Creek Lumber
Sierra Club Loma Prieta Chapter
3921 E. Bayshore Rd., Suite 204
Palo Alto, CA 94303
Protecting the planet since 1933
Cupertino City Hall
10300 Torre Avenue
Cupertino, CA 95014
Dear: Council, and Mayor Barry Chang
The Loma Prieta Chapter of the Sierra Club is requesting that the City of Cupertino pass a
resolution calling for a ban of clear-cutting California forests and send the resolution to our State
Senator Jim Bealle, Assemblyperson Evan Lowe, and Governor Jerry Brown.
Most efforts to combat climate change focus on reducing and eventually eliminating the
emissions of greenhouse gases. Since more carbon dioxide has already been released into the
atmosphere than is safe, it is necessary to encourage “the other side of the equation” – in
vegetation preservation and expansion, which absorbs carbon dioxide. Maintaining mature trees
is an effective means to remove carbon dioxide. The diagram below graphically demonstrates
how nearly unrestrained destruction of our forests has left us with only a small fraction of the
original forests.
As a nation we have aggressively stolen from future generations.
Distribution of Forests in Continental United States
108
*Conservation Fund, Humboldt Redwood Company, Mendocino Redwood Company, Redwood
Forest Foundation, Collins Pine, and Big Creek Lumber
Pg. 2
Nevertheless, harvesting forests for timber is currently an integral component of the developing
our modern infrastructure. Many companies* profitably harvest forests in a manner that
sustainably provides lumber and preserves the critical ecology of the forest with its myriad of
insects, small animals, and foliage. Such methods are called selective logging in which a mixture
of trees of different ages are harvested. This minimizes the disruption of the forest ecosystem and
allows carbon contained in the soils to remain.
An end to clear-cutting in California can be enacted by Governor Brown, the state legislature, the
Board of Forestry or the California Air Resource Board (CARB). However, they will only take
this action if the public demands changes.
So far seven California cities have passed a resolution calling for a ban on clear-cutting in
California: Davis, Berkeley, San Francisco, Daly City, Menlo Park, Brisbane, and Monte Sereno.
In addition, Saratoga sent a letter to Governor Brown asking for end to clear-cutting and
Sunnyvale has put ending clearcutting on their list of desired legislation. I have included sample
resolutions from Menlo Park, San Francisco, and Brisbane. We are requesting that Cupertino
join nine other California cities in taking action.
Cities, citizens, and industry are taking action to combat climate change. Why shouldn’t the
forestry industry do their part?
Sincerely,
Gary Latshaw, Ph.D.
Member of the Forest Protection Committee of the Loma Prieta
Chapter of the Sierra Club
Karen Maki
Chair of the Forest Protection Committee of the Loma Prieta
Chapter of the Sierra Club
109
RESOLUTION NO. 3560
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTE SERENO
OPPOSING WIDESPREAD INDUSTRIAL CLEAR-CUT LOGGING IN THE STATE OF
CALIFORNIA.
WHEREAS, there is significant public opposition to the logging method known as widespread
industrial clear-cutting* as shown in Figures 1 & 3 attached hereto, and
WHEREAS, the forests of California are not only revered by the people but are the source of
more than 60% of our water supply, and
WHEREAS, our forests fight global warming as they store carbon, release oxygen, cool streams,
prevent flooding and siltation, resist fire, provide food, shelter and migration routes for wildlife, and host
public recreation supporting the economy of mountain communities, and
WHEREAS, widespread industrial clear-cutting commonly involves the removal of virtually all
trees in 20-30 acre tracts, which are then replaced with even-aged tree plantations, and requires broad,
repeated application of toxic herbicides that can enter waterways – all of which increase the risk of
wildfires, landslides, soil erosion, loss of biodiversity, pest invasions, and tree diseases, and
WHEREAS, clear-cutting is prohibited within the boundaries of Santa Clara, Santa Cruz, San
Mateo, San Francisco and Marin Counties, and
WHEREAS, California's forests urgently need the protection of sustainable selective logging, as
shown in figure 2 (Page 2 attached hereto), to generate forests with trees of multiple ages and species, that
can produce sufficient wood products and create more jobs than clear-cutting;
NOW THEREFORE, BE IT RESOLVED that the City Council of the City Of Monte Sereno
calls on the State Legislature and Governor of California to prohibit industrial clear-cut logging in the
forests of California.
Regularly adopted and passed this 10th day of June, 2014, by the following vote:
AYES: Council Members Anstandig, Allan, Huff, Rogers and Mayor Craig
NOES: None
ABSENT: None
APPROVED:
________________________
Burton Craig, Mayor
ATTEST:_________________________
Andrea M. Chelemengos, City Clerk
110
111
112
113
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLO
PARK TO PROTECT HEALTHY FORESTS BY LIMITING AND
CLOSELY REGULATING WIDESPREAD INDUSTRY CLEAR-CUT
LOGGING
WHEREAS, our forests fight global warming as they store up to 20% of carbon
emissions, release oxygen, cool streams, prevent flooding and siltation, resist fire, and
provide food, shelter, migration routes for wildlife; and
WHEREAS, our forests provide 75% of California’s clean water supply by capturing
snow, rain and fog; storing, filtering and gradually releasing water throughout the year;
and increasing humidity, rainfall, and lowering temperatures, and
WHEREAS, clear-cut logging undermines the benefits of forests by increasing the risk
of water supply contamination, worsening greenhouse gas emissions, and intensifying
drought and wildfires; and
WHEREAS, widespread industrial clear-cutting involves removal of virtually all trees in
20 to 30-acre tracts, often requires repeated application of toxic herbicides, then
replacement by tree plantations, all of which increase the risk of wildfires, landslides,
soil erosion, loss of biodiversity, pest invasions, and tree diseases; and
WHEREAS, a new tree plantation emits more carbon than it stores for the first 20 years
and requires 80% more water than a mature forest; and
WHEREAS, 1,076,504 acres were clear-cut out of 3,334,743 acres logged, within the
13 million acres of privately owned forest land in California, between 1990 and 2008;
and
WHEREAS, the sustainable selective logging of trees of multiple ages and species
produces sufficient wood products and creates more consistent jobs and revenues than
clear-cutting, maintains a local supply, allows for more frequent logging of smaller
harvests, and
WHEREAS, the forests of California promote human health and well-being as well as
economic value from jobs in recreation, tourism, sport and commercial fishing, and
wood products.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Menlo Park
call on the state legislature and Governor of California to prohibit industrial clear-cut
logging in the forests of California and adopt sustainable selective logging practices,
which will leave our diverse ecosystems intact.
PAGE 113
114
PASSED AND ADOPTED at a regular meeting of the Menlo Park City Council on the
seventh day of April, 2015, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Menlo Park this seventh day of April, 2015.
________________________________
Pamela I. Aguilar, City Clerk
PAGE 114
115
FILE NO. 140710 RESOLUTION NO. 222-14
1 [Urging the Prohibition of Clearcut Logging in California]
2
3 Resolution urging the California Legislature to prohibit the practice of clearcut logging
4 in California and enhance protections for California's forests.
5
6 WHEREAS, California's forests provide 75% of California's clean water supply by
7 capturing snow, rain, and fog and then storing, filtering, and gradually releasing water
8 throughout the year; and this process increases humidity and rainfall, cools temperatures, and
9 helps protect us from extreme weather; and
1 O WHEREAS, California's forests continuously remove carbon dioxide from the air and
11 store it in trees, roots, and forest soil, and this natural process is significant in the fight to
12 reverse the climate crisis; with deforestation causing 15% of all greenhouse gas emissions,
13 and intact forests absorbing up to 40% of human caused carbon dioxide releases; and
14 WHEREAS, California's forests provide other essential environmental services by
15 releasing oxygen, preventing flooding and siltation, and supporting a wide diversity of plant
16 and wildlife; and
17 WHEREAS, California's forests generate tremendous social, cultural, and economic
18 value from recreation, tourism, sport and commercial fishing, and wood products; and
19 WHEREAS, The widespread industrial logging method called clear-cutting commonly
20 involves the removal of virtually all trees and vegetation on large tracts, that are then
21 cultivated with crop-like plantations of even-aged trees of limited species (usually only one
22 species), with the repeated broad application of toxic herbicides used to prevent other tree
23 and plant species from growing; and
24
25
Supervisors Campos; Mar
BOARD OF SUPERVISORS Page 1
116
1 WHEREAS, Clearcutting, for the purposes of this Resolution, is defined as any public
2 or private forest management or timber harvest method in which 60% or more of cubic tree
3 volume of any area greater than 2.5 acres is felled within any 15-year period; and
4 WHEREAS, Clearcutting also refers to any forest management or timber harvesting
5 practice that results in the above conditions and includes, but is not limited to, methods
6 referred to as "even aged management," "seed tree removal," "shelterwood removal," "fuels
7 reduction," "forest type conversion," "regeneration cutting," "patch cutting," and "plantation
8 forestry;" and
9 WHEREAS, Timber and biotechnology corporations are currently seeking legal
1 O permission to openly cultivate genetically engineered trees for clearcut harvesting on tree
11 plantations in the United States, a practice which threatens to further increase both clear-cut
12 plantation forestry and toxic herbicide application in such forestry; and genetically engineered
13 trees and their pollen are potentially hazardous to human health, wildlife, and biological
14 integrity of wild tree and plant species; and
15 WHEREAS, Clearcut logging destroys many benefits of forests, as it contaminates our
16 water supply with herbicides and sediment, greatly increases greenhouse gas emissions for
17 many decades, and promotes drought, catastrophic wildfires, soil erosion, landslides, pest
18 invasion, and tree diseases; and
19 WHEREAS, Within the San Francisco County, Santa Clara County, Santa Cruz
20 County, San Mateo County, Marin County and in most public forests, the outmoded practice
21 of clearcutting is prohibited; and
22 WHEREAS, Selective logging and modern forest management methods that promote
23 fire-resilient, productive forests with trees of multiple ages and species can produce a
24 sustainable supply of wood and forest products, and stable long term jobs; now, therefore, be
25 it
Supervisors Campos; Mar
BOARD OF SUPERVISORS Page 2 117
1 RESOLVED, That that the Board of Supervisors of the City and County of San
2 Francisco call on the California Legislature and the Governor of California to prohibit the
3 practice of industrial clearcut logging in the forests of California, require full immediate public
4 disclosure of the locations and extent of clearcutting in California forests, and prohibit the
5 outdoor cultivation of genetically engineered trees in California; and, be it
6 FURTHER RESOLVED, That the San Francisco Board of Supervisors hereby directs
7 the Clerk of the Board to send a copy of this resolution to the President pro Tempore of the
8 California Senate, Darrell Steinberg, and Speaker of the California State Assembly, Toni
9 Atkins.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Supervisors Campos; Mar
BOARD OF SUPERVISORS Page 3 118
City and County of San Francisco
Tails
Resolution
City Hall
I Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
File Number: 140710 Date Passed: June 24, 2014
Resolution urging the California Legislature to prohibit the practice of clearcut logging in California
and enhance protections for California's forests.
June 24, 2014 Board of Supervisors -ADOPTED
Ayes: 11 -Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener
and Yee
File No. 140710
Unsigned
Mayor
I hereby certify that the foregoing
Resolution was ADOPTED on 6/24/2014 by
the Board of Supervisors of the City and
County of San Francisco.
7/3/14
Date Approved
I hereby certify that the foregoing resolution, not being signed by the Mayor within the time limit as set
forth in Section 3.103 of the Charter, or time waived pursuant to Board Rule 2.14.2, became effective
without his approval in accordance with the provision of said Section 3.103 of the Charter or Board
Rule 2.14.2.
City and County of San Francisco Page60 Printed at 3:38 pm on 6125114
119
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-2248 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:1/9/2017 City Council
On agenda:Final action:1/24/2017
Title:Subject: Letters of support for SB 1 and AB 1 regarding transportation funding
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - AB 1 Letter of Support to Assembly Member Frazier
B - SB 1 Letter of Support to Senator Beall
C - Estimated Local Streets and Roads Funding with SB 1 and AB 1
D - AB 1
E - SB 1
Action ByDate Action ResultVer.
City Council1/24/20171
Subject: Letters of support for SB 1 and AB 1 regarding transportation funding
Direct staff to send letters of support for SB 1 and AB 1 from the City Manager
CITY OF CUPERTINO Printed on 1/18/2017Page 1 of 1
powered by Legistar™120
1
PUBLIC WORKS DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: January 24, 2017
Subject
Letters of support for SB 1 and AB 1 regarding transportation funding.
Recommended Action
Direct staff to send letters of support for SB 1 and AB 1 from the City Manager.
Discussion
As the first order of business in the new legislative session, Senator Jim Beall (San Jose)
and Assembly Member Jim Frazier (Oakley) introduced similar transportation funding
proposals. The bills introduced on Dec. 5 are SB 1 and AB 1 respectively and each
generates approximately $6 billion annually, with about $2.25 billion going to local
streets and roads.
In addition to providing revenue for local streets and roads, of which Cupertino would
receive an estimated one-time funding of approximately $325,000 and then ongoing
funding of just over $2 million annually, the bills also include the following provisions:
Establishes local reporting requirements.
Requires cities and counties to maintain existing general fund levels for
transportation funding.
Makes permanent the National Environmental Protection Act (NEPA) delegation
authority.
Promotes employment and training opportunities through pre-apprenticeship.
Incorporates “complete streets” design concept into the Highway Design
Manual.
Restores independence to the California Transportation Commission.
Creates the Office of Transportation Inspector General as an independent entity
and office within state government
Permanently extends and expands the limited CEQA exemption for
transportation repair, maintenance, and minor alteration projects to existing
roadways.
121
2
Creates an Advanced Mitigation program for transportation projects.
_____________________________________
Prepared by: Timm Borden, Director of Public Works
Approved for Submission by: David Brandt, City Manager
Attachments:
A – AB 1 Letter of Support to Assembly Member Frazier
B – SB 1 Letter of Support to Senator Beall
C – Estimated Local Streets and Roads Funding with SB 1 and AB 1
D – AB 1
E – SB 1
122
OFFICE OF THE CITY MANAGER
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3212 • FAX: (408) 777-3366
davidb@cupertino.org
January 25, 2017
The Honorable Jim Frazier
Chair, Assembly Transportation Committee
California State Capitol, Room 3091
Sacramento, CA 95814
RE: AB 1 (Frazier). Transportation Funding. (as introduced December 5, 2016)
Notice of Support
Dear Assembly Member Frazier:
The City of Cupertino is pleased to support your AB 1, which represents a comprehensive
transportation proposal inclusive of sensible reforms, modest increases to existing
revenue sources, and robust infrastructure investment. The proposal presents an
opportunity for the new legislature to advance a comprehensive framework to address
the overwhelming backlog of repair and deferred maintenance as well as other
transportation needs in the early part of 2017.
It would be an understatement to say the time to act is now to address the $73 billion
unmet funding need for local streets and roads and $72 billion backlog to the State’s
Highway System. For local streets and roads alone, the funding need grows by an
additional $20 billion in just ten years. With the expressed commitment of Legislative
Leadership and this Administration to getting this done in the early parts of 2017, we
urge this legislature’s immediate attention to this proposal as the vehicle to deliver this
victory for California.
For the City of Cupertino, this funding would support an ongoing and proactive
pavement management program that would increase our pavement condition index into
123
the range that our community expects, and then allows us to apply the right treatment at
the right time to avoid costly future reconstructions.
When fully phased in, AB 1 would generate an additional $6 billion annually to provide
desperately needed funding for the state and local transportation network. To repair and
maintain existing transportation infrastructure, the proposal would generate up to $2.4
billion and $2.2 billion annually for the state’s highway system and local streets and
roads, respectively. The bill also provides nearly $600 million for freight and the state’s
trade corridors, over a half billion for transit and intercity rail, and up to $150 million to
support active transportation programs throughout the state.
The proposal takes the approach of raising revenue over a variety of sources, such as a
12 cent increase to the gas tax to restore some of its purchasing power, ending the Board
of Equalization’s “true up” process on the price based excise tax on gas, a $38 increase to
the vehicle registration fee, a $100 vehicle registration fee on zero emission vehicles, a 20
cent increase to the diesel excise tax, $300 million from existing cap and trade funds, and
returning $500 million in vehicle weight fees phased in over five years.
In addition to raising revenue, the proposal includes a series of reforms to improve
efficiency, transparency, and accountability, such as restoring independence to the
California Transportation Commission, creating the Office of the Transportation
Inspection General with audit and investigation authority over the state’s transportation
spending, and establishing local reporting requirements on local transportation
spending. To streamline roadwork, the bill permanently extends and expands on the
limited exemptions to California’s Environmental Quality Act (CEQA) for repair,
maintenance, and minor alteration projects on existing roadways to cities and counties
with populations greater than 100,000 and state roadways. The proposal also creates an
advanced mitigation program which authorizes the Natural Resources Agency to
establish state and regional transportation mitigation plans and mitigation banks to allow
transportation projects to fulfill their environmental requirements in advance.
Overall, this proposal provides a comprehensive transportation reform and funding
package that picks up where we left off at the end of the special session, while giving this
legislature an opportunity for early action. While the legislature has had success in recent
years in balancing the state budget, we can no longer afford to ignore our most basic
repair and maintenance needs if we wish to avoid systematic failure of the state’s entire
transportation infrastructure. There may be no better way to put Californians back to
work and stimulate our economy than making the roads we and our children rely on
everyday safe again.
124
For these reasons, the City of Cupertino Supports AB 1 (Frazier).
Sincerely,
David Brandt, City Manager
City of Cupertino
cc: Assembly Member Evan Low
Seth Miller, League of California Cities, smiller@cacities.org
Meg Desmond, League of California Cities, mdesmond@cacities.org
125
OFFICE OF THE CITY MANAGER
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3212 • FAX: (408) 777-3366
davidb@cupertino.org
January 25, 2017
The Honorable Jim Beall
Chair, Senate Transportation Committee
California State Capitol, Room 2082
Sacramento, CA 95814
RE: SB 1 (Beall). Transportation Funding. (as introduced December 5, 2016)
Notice of Support
Dear Senator Beall:
The City of Cupertino is pleased to support your SB 1, which represents a comprehensive
transportation proposal inclusive of sensible reforms, modest increases to existing
revenue sources, and robust infrastructure investment. The proposal presents an
opportunity for the new legislature to advance a comprehensive framework to address
the overwhelming backlog of repair and deferred maintenance as well as other
transportation needs in the early part of 2017.
It would be an understatement to say the time to act is now to address the $73 billion
unmet funding need for local streets and roads and $72 billion backlog to the State’s
Highway System. For local streets and roads alone, the funding need grows by an
additional $20 billion in just ten years. With the expressed commitment of Legislative
Leadership and this Administration to getting this done in the early parts of 2017, we
urge this legislature’s immediate attention to this proposal as the vehicle to deliver this
victory for California.
For the City of Cupertino, this funding would support an ongoing and proactive
pavement management program that would increase our pavement condition index into
126
the range that our community expects, and then allows us to apply the right treatment at
the right time to avoid costly future reconstructions.
When fully phased in, SB 1 would generate an additional $6 billion annually to provide
desperately needed funding for the state and local transportation network. To repair and
maintain existing transportation infrastructure, the proposal would generate up to $2.4
billion and $2.2 billion annually for the state’s highway system and local streets and
roads, respectively. The bill also provides nearly $600 million for freight and the state’s
trade corridors, over a half billion for transit and intercity rail, and up to $150 million to
support active transportation programs throughout the state.
The proposal takes the approach of raising revenue over a variety of sources, such as a
12 cent increase to the gas tax to restore some of its purchasing power, ending the Board
of Equalization’s “true up” process on the price based excise tax on gas, a $38 increase to
the vehicle registration fee, a $100 vehicle registration fee on zero emission vehicles, a 20
cent increase to the diesel excise tax, $300 million from existing cap and trade funds, and
returning $500 million in vehicle weight fees phased in over five years.
In addition to raising revenue, the proposal includes a series of reforms to improve
efficiency, transparency, and accountability, such as restoring independence to the
California Transportation Commission, creating the Office of the Transportation
Inspection General with audit and investigation authority over the state’s transportation
spending, and establishing local reporting requirements on local transportation
spending. To streamline roadwork, the bill permanently extends and expands on the
limited exemptions to California’s Environmental Quality Act (CEQA) for repair,
maintenance, and minor alteration projects on existing roadways to cities and counties
with populations greater than 100,000 and state roadways. The proposal also creates an
advanced mitigation program which authorizes the Natural Resources Agency to
establish state and regional transportation mitigation plans and mitigation banks to allow
transportation projects to fulfill their environmental requirements in advance.
Overall, this proposal provides a comprehensive transportation reform and funding
package that picks up where we left off at the end of the special session, while giving this
legislature an opportunity for early action. While the legislature has had success in recent
years in balancing the state budget, we can no longer afford to ignore our most basic
repair and maintenance needs if we wish to avoid systematic failure of the state’s entire
transportation infrastructure. There may be no better way to put Californians back to
work and stimulate our economy than making the roads we and our children rely on
everyday safe again.
127
For these reasons, the City of Cupertino Supports SB 1 (Beall).
Sincerely,
David Brandt, City Manager
City of Cupertino
cc: Assembly Member Evan Low
Seth Miller, League of California Cities, smiller@cacities.org
Meg Desmond, League of California Cities, mdesmond@cacities.org
128
Estimated 15 December 2016
ALAMEDA COUNTY 34,432,526 5,459,572
ALAMEDA 2,636,402 418,024
ALBANY 638,649 101,263
BERKELEY 4,086,116 647,889
DUBLIN 1,921,073 304,603
EMERYVILLE 363,616 57,654
FREMONT 7,793,515 1,235,729
HAYWARD 5,259,490 833,937
LIVERMORE 2,958,117 469,035
NEWARK 1,520,649 241,112
OAKLAND 14,125,035 2,239,645
PIEDMONT 382,295 60,616
PLEASANTON 2,574,893 408,271
SAN LEANDRO 3,042,433 482,404
UNION CITY 2,502,445 396,784
ALPINE COUNTY 662,483 105,042
AMADOR COUNTY 3,159,103 500,903
AMADOR 6,364 1,009
IONE 272,385 43,189
JACKSON 159,998 25,369
PLYMOUTH 34,573 5,482
SUTTER CREEK 86,036 13,642
BUTTE COUNTY 11,267,838 1,786,612
BIGGS60,064 9,524
CHICO3,083,473 488,911
GRIDLEY233,237 36,982
OROVILLE557,188 88,347
PARADISE902,503 143,100
CALAVERAS COUNTY 4,822,368 764,628
ANGELS CAMP 131,961 20,924
COLUSA COUNTY 3,783,569 599,917
COLUSA212,975 33,769
WILLIAMS182,874 28,996
CONTRA COSTA COUNTY 28,753,944 4,559,184
ANTIOCH 3,725,528 590,714
BRENTWOOD 1,943,399 308,143
CLAYTON 388,315 61,571
CONCORD 4,336,863 687,647
DANVILLE 1,503,001 238,314
EL CERRITO 835,524 132,480
HERCULES 852,278 135,136
LAFAYETTE 865,315 137,203
MARTINEZ 1,286,036 203,912
MORAGA 566,442 89,814
OAKLEY 1,334,369 211,576
ORINDA 640,266 101,520
PINOLE 651,756 103,341
PITTSBURG 2,326,451 368,879
PLEASANT HILL 1,175,197 186,338
RICHMOND 3,692,779 585,522
SAN PABLO 1,022,733 162,163
SAN RAMON 2,702,554 428,513
WALNUT CREEK 2,300,307 364,733
$352 Million
One-time Loan RepayAnnual at full Phase-in
Local Streets & Roads Funding
AB1 (Frazier) and SB1 (Beall) – 12Dec2016 versions
$2.2 Billion*
15 December 2016 CaliforniaCityFinance.com Page 1 of 11
129
Estimated 15 December 2016 $352 Million
One-time Loan RepayAnnual at full Phase-in
Local Streets & Roads Funding
AB1 (Frazier) and SB1 (Beall) – 12Dec2016 versions
$2.2 Billion*
DEL NORTE COUNTY 1,968,330 312,096
CRESCENT CITY262,925 41,689
EL DORADO COUNTY 10,158,020 1,610,641
PLACERVILLE367,159 58,216
SOUTH LAKE TAHOE747,803 118,571
FRESNO COUNTY 34,518,947 5,473,275
CLOVIS3,589,336 569,120
COALINGA568,609 90,158
FIREBAUGH267,603 42,431
FOWLER204,925 32,493
FRESNO17,893,839 2,837,221
HURON 234,510 37,184
KERMAN492,412 78,076
KINGSBURG402,867 63,878
MENDOTA385,666 61,151
ORANGE COVE321,922 51,043
PARLIER519,279 82,336
REEDLEY876,805 139,025
SANGER864,421 137,061
SAN JOAQUIN139,013 22,042
SELMA822,590 130,429
GLENN COUNTY 4,592,133 728,122
ORLAND268,807 42,622
WILLOWS213,491 33,851
HUMBOLDT COUNTY 8,961,385 1,420,904
ARCATA 615,704 97,625
BLUE LAKE 43,345 6,873
EUREKA 935,390 148,314
FERNDALE 47,163 7,478
FORTUNA 413,909 65,629
RIO DELL 115,999 18,393
TRINIDAD 12,625 2,002
IMPERIAL COUNTY 15,599,193 2,473,386
BRAWLEY903,810 143,307
CALEXICO1,411,564 223,816
CALIPATRIA265,057 42,027
EL CENTRO1,542,769 244,619
HOLTVILLE214,867 34,069
IMPERIAL600,155 95,160
WESTMORLAND80,257 12,725
INYO COUNTY 5,534,386 877,524
BISHOP133,509 21,169
KERN COUNTY 32,486,391 5,150,995
ARVIN 691,901 109,707
BAKERSFIELD 12,711,235 2,015,475
CALIFORNIA CITY 485,738 77,018
DELANO 1,824,648 289,314
MARICOPA 40,214 6,376
MCFARLAND 482,883 76,565
RIDGECREST 977,634 155,012
SHAFTER 618,181 98,018
TAFT 325,293 51,578
TEHACHAPI 495,852 78,622
WASCO 898,891 142,527
15 December 2016 CaliforniaCityFinance.com Page 2 of 11
130
Estimated 15 December 2016 $352 Million
One-time Loan RepayAnnual at full Phase-in
Local Streets & Roads Funding
AB1 (Frazier) and SB1 (Beall) – 12Dec2016 versions
$2.2 Billion*
KINGS COUNTY 6,804,802 1,078,960
AVENAL 533,383 84,572
CORCORAN 853,585 135,343
HANFORD 1,919,697 304,384
LEMOORE 871,198 138,136
LAKE COUNTY 4,814,242 763,339
CLEARLAKE524,611 83,182
LAKEPORT 163,507 25,925
LASSEN COUNTY 4,680,750 742,173
SUSANVILLE617,390 97,892
LOS ANGELES COUNTY 208,045,885 32,987,456
AGOURA HILLS 714,400 113,274
ALHAMBRA 2,942,809 466,608
ARCADIA 1,987,019 315,059
ARTESIA 579,618 91,903
AVALON 132,099 20,945
AZUSA 1,700,255 269,590
BALDWIN PARK 2,650,472 420,255
BELL 1,243,070 197,099
BELLFLOWER 2,686,902 426,031
BELL GARDENS 1,474,930 233,863
BEVERLY HILLS 1,198,280 189,998
BRADBURY 37,394 5,929
BURBANK 3,649,365 578,638
CALABASAS 832,910 132,065
CARSON 3,204,357 508,078
CERRITOS 1,718,935 272,552
CLAREMONT 1,248,127 197,901
COMMERCE 449,273 71,236
COMPTON 3,388,676 537,304
COVINA 1,681,369 266,595
CUDAHY 834,905 132,381
CULVER CITY 1,368,219 216,943
DIAMOND BAR 1,949,419 309,097
DOWNEY 3,918,241 621,271
DUARTE 751,277 119,121
EL MONTE 3,982,708 631,492
EL SEGUNDO 584,812 92,727
GARDENA 2,078,285 329,530
GLENDALE 6,852,002 1,086,444
GLENDORA 1,770,364 280,706
HAWAIIAN GARDENS 500,358 79,336
HAWTHORNE 3,015,463 478,127
HERMOSA BEACH 680,171 107,847
HIDDEN HILLS 65,396 10,369
HUNTINGTON PARK 2,040,375 323,519
INDUSTRY 15,136 2,400
INGLEWOOD 3,864,335 612,723
IRWINDALE 50,672 8,035
LA CANADA FLINTRIDGE 708,379 112,320
LA HABRA HEIGHTS 187,105 29,667
LAKEWOOD 2,807,132 445,095
15 December 2016 CaliforniaCityFinance.com Page 3 of 11
131
Estimated 15 December 2016 $352 Million
One-time Loan RepayAnnual at full Phase-in
Local Streets & Roads Funding
AB1 (Frazier) and SB1 (Beall) – 12Dec2016 versions
$2.2 Billion*
LA MIRADA 1,703,558 270,114
LANCASTER 5,531,084 877,001
LA PUENTE 1,399,765 221,945
LA VERNE 1,136,668 180,228
LAWNDALE 1,149,087 182,198
LOMITA 713,230 113,089
LONG BEACH 16,263,934 2,578,786
LOS ANGELES 136,124,370 21,583,684
LYNWOOD 2,455,557 389,350
MALIBU 444,973 70,554
MANHATTAN BEACH 1,230,273 195,070
MAYWOOD 959,229 152,094
MONROVIA 1,286,793 204,032
MONTEBELLO 2,205,223 349,657
MONTEREY PARK 2,135,011 338,524
NORWALK 3,686,587 584,540
PALMDALE 5,401,221 856,410
PALOS VERDES ESTATES 472,322 74,891
PARAMOUNT 1,902,428 301,646
PASADENA 4,868,045 771,870
PICO RIVERA 2,207,906 350,082
POMONA 5,243,322 831,374
RANCHO PALOS VERDES 1,464,232 232,166
REDONDO BEACH 2,342,516 371,426
ROLLING HILLS (2)
ROLLING HILLS ESTATES 282,877 44,853
ROSEMEAD 1,892,624 300,092
SAN DIMAS 1,194,152 189,343
SAN FERNANDO 844,813 133,952
SAN GABRIEL 1,393,814 221,001
SAN MARINO 461,451 73,167
SANTA CLARITA 7,335,298 1,163,074
SANTA FE SPRINGS 606,381 96,147
SANTA MONICA 3,209,002 508,815
SIERRA MADRE 382,983 60,725
SIGNAL HILL 398,532 63,191
SOUTH EL MONTE 716,945 113,678
SOUTH GATE 3,321,285 526,618
SOUTH PASADENA 900,404 142,767
TEMPLE CITY 1,247,886 197,863
TORRANCE 5,105,994 809,599
VERNON 4,231 671
WALNUT 1,040,862 165,038
WEST COVINA 3,729,071 591,276
WEST HOLLYWOOD 1,232,405 195,408
WESTLAKE VILLAGE 289,757 45,943
WHITTIER 2,991,073 474,260
15 December 2016 CaliforniaCityFinance.com Page 4 of 11
132
Estimated 15 December 2016 $352 Million
One-time Loan RepayAnnual at full Phase-in
Local Streets & Roads Funding
AB1 (Frazier) and SB1 (Beall) – 12Dec2016 versions
$2.2 Billion*
MADERA COUNTY 9,865,041 1,564,187
CHOWCHILLA643,981 102,109
MADERA2,200,304 348,877
MARIN COUNTY 7,817,857 1,239,588
BELVEDERE72,964 11,569
CORTE MADERA326,497 51,769
FAIRFAX262,615 41,640
LARKSPUR424,746 67,347
MILL VALLEY496,712 78,758
NOVATO1,843,018 292,226
ROSS85,761 13,598
SAN ANSELMO435,857 69,109
SAN RAFAEL2,037,004 322,984
SAUSALITO251,125 39,818
TIBURON316,487 50,182
MARIPOSA COUNTY 3,087,484 489,547
MENDOCINO COUNTY 7,211,969 1,143,519
FORT BRAGG252,604 40,053
POINT ARENA15,480 2,455
UKIAH552,991 87,682
WILLITS168,632 26,738
MERCED COUNTY 13,041,370 2,067,821
ATWATER 998,412 158,307
DOS PALOS 172,795 27,398
GUSTINE 193,263 30,644
LIVINGSTON 472,494 74,918
LOS BANOS 1,277,814 202,608
MERCED 2,811,295 445,755
MODOC COUNTY 4,521,308 716,892
ALTURAS 97,251 15,420
MONO COUNTY 3,348,365 530,912
MAMMOTH LAKES 289,310 45,873
MONTEREY COUNTY 14,225,669 2,255,602
CARMEL-BY-THE-SEA128,899 20,438
DEL REY OAKS57,105 9,055
GONZALES287,487 45,583
GREENFIELD580,340 92,018
KING CITY461,554 73,183
MARINA775,805 123,010
MONTEREY968,827 153,616
PACIFIC GROVE529,358 83,934
SALINAS5,322,478 843,924
SAND CITY12,453 1,975
SEASIDE1,158,341 183,665
SOLEDAD885,405 140,389
NAPA COUNTY 5,506,018 873,026
AMERICAN CANYON 693,140 109,903
CALISTOGA 180,982 28,696
NAPA 2,716,659 430,749
SAINT HELENA 208,640 33,082
YOUNTVILLE 103,787 16,456
15 December 2016 CaliforniaCityFinance.com Page 5 of 11
133
Estimated 15 December 2016 $352 Million
One-time Loan RepayAnnual at full Phase-in
Local Streets & Roads Funding
AB1 (Frazier) and SB1 (Beall) – 12Dec2016 versions
$2.2 Billion*
NEVADA COUNTY 5,638,726 894,068
GRASS VALLEY444,629 70,500
NEVADA CITY109,876 17,422
TRUCKEE557,670 88,423
ORANGE COUNTY 71,040,027 11,264,004
ALISO VIEJO 1,727,053 273,839
ANAHEIM 12,089,545 1,916,901
BREA 1,490,514 236,334
BUENA PARK 2,847,244 451,455
COSTA MESA 3,902,933 618,843
CYPRESS 1,691,965 268,275
DANA POINT 1,176,780 186,588
FOUNTAIN VALLEY 1,961,563 311,023
FULLERTON 4,851,945 769,317
GARDEN GROVE 6,012,350 953,310
HUNTINGTON BEACH 6,824,723 1,082,118
IRVINE 8,613,388 1,365,726
LAGUNA BEACH 803,429 127,390
LAGUNA HILLS 1,066,216 169,058
LAGUNA NIGUEL 2,230,404 353,650
LAGUNA WOODS 572,841 90,829
LA HABRA 2,135,562 338,612
LAKE FOREST 2,754,465 436,744
LA PALMA 549,207 87,082
LOS ALAMITOS 405,206 64,249
MISSION VIEJO 3,324,898 527,191
NEWPORT BEACH 3,001,428 475,902
ORANGE 4,819,333 764,147
PLACENTIA 1,803,526 285,964
RANCHO SANTA MARGARITA 1,689,935 267,954
SAN CLEMENTE 2,249,772 356,721
SAN JUAN CAPISTRANO 1,246,097 197,579
SANTA ANA 11,533,320 1,828,707
SEAL BEACH 849,147 134,640
STANTON 1,349,161 213,921
TUSTIN 2,738,331 434,186
VILLA PARK 205,028 32,509
WESTMINSTER 3,168,512 502,395
YORBA LINDA 2,329,582 369,375
PLACER COUNTY 14,642,375 2,321,674
AUBURN 475,349 75,371
COLFAX 68,595 10,876
LINCOLN 1,576,825 250,019
LOOMIS 227,836 36,125
ROCKLIN 2,072,712 328,646
ROSEVILLE 4,416,432 700,263
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134
Estimated 15 December 2016 $352 Million
One-time Loan RepayAnnual at full Phase-in
Local Streets & Roads Funding
AB1 (Frazier) and SB1 (Beall) – 12Dec2016 versions
$2.2 Billion*
PLUMAS COUNTY 3,719,520 589,762
PORTOLA72,379 11,476
RIVERSIDE COUNTY 57,105,281 9,054,531
BANNING1,048,912 166,314
BEAUMONT 1,461,377 231,714
BLYTHE716,120 113,547
CALIMESA287,349 45,562
CANYON LAKE375,002 59,460
CATHEDRAL CITY1,819,901 288,561
COACHELLA1,510,776 239,546
CORONA5,513,987 874,290
DESERT HOT SPRINGS967,830 153,458
EASTVALE2,085,818 330,724
HEMET2,829,562 448,651
INDIAN WELLS178,677 28,331
INDIO2,896,574 459,277
JURUPA VALLEY3,741,903 593,311
LAKE ELSINORE2,009,896 318,686
LA QUINTA1,365,502 216,512
MENIFEE2,937,305 465,735
MORENO VALLEY6,903,191 1,094,560
MURRIETA3,690,474 585,156
NORCO930,986 147,616
PALM DESERT1,756,259 278,470
PALM SPRINGS1,603,452 254,241
PERRIS2,508,087 397,679
RANCHO MIRAGE 615,394 97,576
RIVERSIDE10,915,586 1,730,760
SAN JACINTO1,578,821 250,336
TEMECULA3,746,925 594,107
WILDOMAR1,174,715 186,261
SACRAMENTO COUNTY 42,468,255 6,733,705
CITRUS HEIGHTS2,929,117 464,437
ELK GROVE5,603,841 888,537
FOLSOM2,576,923 408,593
GALT846,498 134,220
ISLETON28,209 4,473
RANCHO CORDOVA2,377,502 376,973
SACRAMENTO16,515,953 2,618,746
SAN BENITO COUNTY 3,192,214 506,153
HOLLISTER1,283,319 203,481
SAN JUAN BAUTISTA66,393 10,527
15 December 2016 CaliforniaCityFinance.com Page 7 of 11
135
Estimated 15 December 2016 $352 Million
One-time Loan RepayAnnual at full Phase-in
Local Streets & Roads Funding
AB1 (Frazier) and SB1 (Beall) – 12Dec2016 versions
$2.2 Billion*
SAN BERNARDINO COUNTY 55,285,882 8,766,050
ADELANTO 1,138,113 180,458
APPLE VALLEY 2,456,073 389,431
BARSTOW 805,217 127,674
BIG BEAR LAKE177,680 28,173
CHINO2,905,656 460,717
CHINO HILLS2,669,358 423,249
COLTON1,836,448 291,184
FONTANA7,028,478 1,114,425
GRAND TERRACE424,918 67,374
HESPERIA 3,170,954 502,782
HIGHLAND1,869,059 296,355
LOMA LINDA817,051 129,550
MONTCLAIR1,322,983 209,770
NEEDLES169,940 26,945
ONTARIO5,806,049 920,599
RANCHO CUCAMONGA5,987,925 949,437
REDLANDS2,421,741 383,988
RIALTO3,512,037 556,864
SAN BERNARDINO7,359,447 1,166,903
TWENTYNINE PALMS889,121 140,978
UPLAND2,607,127 413,382
VICTORVILLE4,168,265 660,914
YUCAIPA1,821,242 288,774
YUCCA VALLEY 734,627 116,481
SAN DIEGO COUNTY 79,580,992 12,618,247
CARLSBAD 3,806,542 603,560
CHULA VISTA8,875,005 1,407,208
CORONADO808,314 128,165
DEL MAR145,790 23,116
EL CAJON3,489,746 553,329
ENCINITAS2,116,263 335,552
ESCONDIDO5,067,018 803,419
IMPERIAL BEACH 920,597 145,969
LA MESA2,023,209 320,797
LEMON GROVE901,264 142,903
NATIONAL CITY2,058,091 326,328
OCEANSIDE5,905,983 936,444
POWAY1,687,045 267,495
SAN DIEGO47,062,271 7,462,126
SAN MARCOS3,124,513 495,418
SANTEE1,919,732 304,390
SOLANA BEACH450,787 71,476
VISTA3,316,676 525,887
SAN FRANCISCO COUNTY 16,187,073 2,566,599
SAN FRANCISCO29,089,310 4,612,359
SAN JOAQUIN COUNTY 22,971,301 3,642,296
ESCALON255,012 40,434
LATHROP700,158 111,016
LODI2,191,979 347,557
MANTECA2,538,325 402,473
RIPON513,327 81,392
STOCKTON10,560,984 1,674,534
TRACY2,934,243 465,249
15 December 2016 CaliforniaCityFinance.com Page 8 of 11
136
Estimated 15 December 2016 $352 Million
One-time Loan RepayAnnual at full Phase-in
Local Streets & Roads Funding
AB1 (Frazier) and SB1 (Beall) – 12Dec2016 versions
$2.2 Billion*
SAN LUIS OBISPO COUNTY 13,226,386 2,097,157
ARROYO GRANDE 599,536 95,061
ATASCADERO 1,003,434 159,103
EL PASO DE ROBLES 1,049,978 166,483
GROVER BEACH 452,576 71,760
MORRO BAY 353,777 56,094
PISMO BEACH 265,264 42,060
SAN LUIS OBISPO 1,575,621 249,828
SAN MATEO COUNTY 19,335,542 3,065,816
ATHERTON 238,569 37,827
BELMONT 920,150 145,898
BRISBANE 156,214 24,769
BURLINGAME 1,028,237 163,036
COLMA 61,646 9,775
DALY CITY 3,639,939 577,144
EAST PALO ALTO 1,002,334 158,929
FOSTER CITY 1,114,239 176,672
HALF MOON BAY 414,563 65,733
HILLSBOROUGH 392,856 62,291
MENLO PARK 1,144,615 181,488
MILLBRAE 787,707 124,898
PACIFICA 1,326,182 210,277
PORTOLA VALLEY 155,732 24,693
REDWOOD CITY 2,815,285 446,388
SAN BRUNO 1,527,701 242,230
SAN CARLOS 1,013,067 160,630
SAN MATEO 3,489,230 553,247
SOUTH SAN FRANCISCO 2,277,086 361,052
WOODSIDE 190,546 30,213
SANTA BARBARA COUNTY 13,490,960 2,139,107
BUELLTON169,630 26,896
CARPINTERIA466,026 73,892
GOLETA1,058,338 167,809
GUADALUPE247,857 39,300
LOMPOC1,495,709 237,157
SANTA BARBARA3,133,492 496,842
SANTA MARIA3,511,865 556,836
SOLVANG188,826 29,940
SANTA CLARA COUNTY 43,257,742 6,858,885
CAMPBELL1,439,911 228,310
CUPERTINO2,055,649 325,941
GILROY1,823,238 289,090
LOS ALTOS1,033,260 163,832
LOS ALTOS HILLS286,936 45,496
LOS GATOS1,049,394 166,390
MILPITAS2,497,698 396,031
MONTE SERENO118,717 18,824
MORGAN HILL1,437,227 227,885
MOUNTAIN VIEW 2,680,297 424,984
PALO ALTO2,302,508 365,082
SAN JOSE34,967,600 5,544,412
SANTA CLARA4,161,557 659,851
SARATOGA1,059,507 167,994
SUNNYVALE5,092,268 807,423
15 December 2016 CaliforniaCityFinance.com Page 9 of 11
137
Estimated 15 December 2016 $352 Million
One-time Loan RepayAnnual at full Phase-in
Local Streets & Roads Funding
AB1 (Frazier) and SB1 (Beall) – 12Dec2016 versions
$2.2 Billion*
SANTA CRUZ COUNTY 8,919,499 1,414,263
CAPITOLA345,796 54,829
SANTA CRUZ2,194,387 347,939
SCOTTS VALLEY410,332 65,062
WATSONVILLE1,791,830 284,110
SHASTA COUNTY 10,413,161 1,651,096
ANDERSON 353,261 56,013
REDDING 3,134,249 496,962
SHASTA LAKE 349,649 55,440
SIERRA COUNTY 1,806,629 286,456
LOYALTON26,454 4,195
SISKIYOU COUNTY 7,460,749 1,182,966
DORRIS32,302 5,122
DUNSMUIR56,761 9,000
ETNA25,491 4,042
FORT JONES28,862 4,576
MONTAGUE49,640 7,871
MOUNT SHASTA116,756 18,513
TULELAKE34,848 5,525
WEED102,067 16,184
YREKA270,011 42,813
SOLANO COUNTY 12,505,632 1,982,875
BENICIA952,521 151,030
DIXON659,049 104,498
FAIRFIELD3,849,130 610,312
RIO VISTA281,845 44,689
SUISUN CITY993,768 157,570
VACAVILLE3,257,816 516,555
VALLEJO4,117,180 652,814
SONOMA COUNTY 18,774,653 2,976,882
CLOVERDALE299,561 47,498
COTATI252,708 40,069
HEALDSBURG402,041 63,747
PETALUMA2,048,218 324,763
ROHNERT PARK1,413,078 224,056
SANTA ROSA5,953,765 944,020
SEBASTOPOL 258,246 40,947
SONOMA376,103 59,634
WINDSOR940,343 149,099
STANISLAUS COUNTY 18,456,241 2,926,395
CERES1,616,455 256,303
HUGHSON248,442 39,393
MODESTO7,196,147 1,141,011
NEWMAN369,911 58,653
OAKDALE749,007 118,761
PATTERSON725,649 115,058
RIVERBANK807,901 128,100
TURLOCK2,443,930 387,506
WATERFORD298,805 47,378
15 December 2016 CaliforniaCityFinance.com Page 10 of 11
138
Estimated 15 December 2016 $352 Million
One-time Loan RepayAnnual at full Phase-in
Local Streets & Roads Funding
AB1 (Frazier) and SB1 (Beall) – 12Dec2016 versions
$2.2 Billion*
SUTTER COUNTY 5,682,202 900,962
LIVE OAK293,988 46,614
YUBA CITY2,282,934 361,979
TEHAMA COUNTY 6,468,858 1,025,693
CORNING263,613 41,798
RED BLUFF490,554 77,782
TEHAMA14,448 2,291
TRINITY COUNTY 3,464,085 549,260
TULARE COUNTY 22,396,312 3,551,127
DINUBA824,447 130,723
EXETER 363,684 57,665
FARMERSVILLE375,243 59,498
LINDSAY436,132 69,152
PORTERVILLE1,921,349 304,646
TULARE2,145,332 340,161
VISALIA4,497,996 713,196
WOODLAKE264,954 42,011
TUOLUMNE COUNTY 4,525,459 717,550
SONORA168,667 26,744
VENTURA COUNTY 21,817,445 3,459,343
CAMARILLO2,310,145 366,293
FILLMORE531,181 84,223
MOORPARK1,229,034 194,874
OJAI261,858 41,520
OXNARD7,091,638 1,124,440
PORT HUENEME783,235 124,189
SAN BUENAVENTURA3,761,305 596,387
SANTA PAULA1,051,148 166,669
SIMI VALLEY4,351,105 689,905
THOUSAND OAKS4,449,698 705,538
YOLO COUNTY 7,964,748 1,262,879
DAVIS2,296,488 364,128
WEST SACRAMENTO1,763,793 279,665
WINTERS239,223 37,931
WOODLAND1,978,901 313,772
YUBA COUNTY 4,530,673 718,377
MARYSVILLE415,285 65,847
WHEATLAND118,889 18,851
Total1,110,000,000$ 1,110,000,000$ 176,000,000$ 176,000,000$
*Includes $770 m illion returned HUTA funds and $1.45 billion new RMRA allocations to LSR at full implementation (Yr5)
15 December 2016 CaliforniaCityFinance.com Page 11 of 11
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california legislature—2017–18 regular session
ASSEMBLY BILL No. 1
Introduced by Assembly Member Frazier
(Coauthors: Assembly Members Low, Mullin, and Santiago)
December 5, 2016
An act to amend Sections 13975, 14500, 14526.5, and 16965 of, to
add Sections 14033, 14526.7, and 16321 to, to add Part 5.1 (commencing
with Section 14460) to Division 3 of Title 2 of, and to repeal Section
14534.1 of, the Government Code, to amend Section 39719 of the Health
and Safety Code, to amend Section 21080.37 of, and to add Division
13.6 (commencing with Section 21200) to, the Public Resources Code,
to amend Section 99312.1 of, and to add Section 99314.9 to, the Public
Utilities Code, to amend Sections 6051.8, 6201.8, 7360, 8352.4, 8352.5,
8352.6, and 60050 of the Revenue and Taxation Code, to amend
Sections 183.1, 2192, 2192.1, and 2192.2 of, to add Sections 820.1,
2103.1, and 2192.4 to, and to add Chapter 2 (commencing with Section
2030) to Division 3 of, the Streets and Highways Code, and to add
Sections 9250.3, 9250.6, and 9400.5 to the Vehicle Code, relating to
transportation, making an appropriation therefor, and declaring the
urgency thereof, to take effect immediately.
legislative counsel’s digest
AB 1, as introduced, Frazier. Transportation funding.
(1) Existing law provides various sources of funding for transportation
purposes, including funding for the state highway system and the local
street and road system. These funding sources include, among others,
fuel excise taxes, commercial vehicle weight fees, local transactions
and use taxes, and federal funds. Existing law imposes certain
registration fees on vehicles, with revenues from these fees deposited
99
140
in the Motor Vehicle Account and used to fund the Department of Motor
Vehicles and the Department of the California Highway Patrol. Existing
law provides for the monthly transfer of excess balances in the Motor
Vehicle Account to the State Highway Account.
This bill would create the Road Maintenance and Rehabilitation
Program to address deferred maintenance on the state highway system
and the local street and road system. The bill would require the
California Transportation Commission to adopt performance criteria,
consistent with a specified asset management plan, to ensure efficient
use of certain funds available for the program. The bill would provide
for the deposit of various funds for the program in the Road Maintenance
and Rehabilitation Account, which the bill would create in the State
Transportation Fund, including revenues attributable to a $0.012 per
gallon increase in the motor vehicle fuel (gasoline) tax imposed by the
bill with an inflation adjustment, as provided, an increase of $38 in the
annual vehicle registration fee with an inflation adjustment, as provided,
a new $165 annual vehicle registration fee with an inflation adjustment,
as provided, applicable to zero-emission motor vehicles, as defined,
and certain miscellaneous revenues described in (7) below that are not
restricted as to expenditure by Article XIX of the California
Constitution.
This bill would annually set aside $200,000,000 of the funds available
for the program to fund road maintenance and rehabilitation purposes
in counties that have sought and received voter approval of taxes or
that have imposed fees, including uniform developer fees, as defined,
which taxes or fees are dedicated solely to transportation improvements.
These funds would be continuously appropriated for allocation pursuant
to guidelines to be developed by the California Transportation
Commission in consultation with local agencies. The bill would require
$80,000,000 of the funds available for the program to be annually
transferred to the State Highway Account for expenditure on the Active
Transportation Program. The bill would require $30,000,000 of the
funds available for the program in each of 4 fiscal years beginning in
2017–18 to be transferred to the Advance Mitigation Fund created by
the bill pursuant to (12) below. The bill would continuously appropriate
$2,000,000 annually of the funds available for the program to the
California State University for the purpose of conducting transportation
research and transportation-related workforce education, training, and
development, and $3,000,000 annually to the institutes for transportation
studies at the University of California. The bill would require the
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— 2 —AB 1
141
remaining funds available for the program to be allocated 50% for
maintenance of the state highway system or to the state highway
operation and protection program and 50% to cities and counties
pursuant to a specified formula. The bill would impose various
requirements on the department and agencies receiving these funds.
The bill would authorize a city or county to spend its apportionment of
funds under the program on transportation priorities other than those
allowable pursuant to the program if the city’s or county’s average
Pavement Condition Index meets or exceeds 80.
The bill would also require the department to annually identify savings
achieved through efficiencies implemented at the department and to
propose, from the identified savings, an appropriation to be included
in the annual Budget Act of up to $70,000,000 from the State Highway
Account for expenditure on the Active Transportation Program.
(2) Existing law establishes in state government the Transportation
Agency, which includes various departments and state entities, including
the California Transportation Commission. Existing law vests the
California Transportation Commission with specified powers, duties,
and functions relative to transportation matters. Existing law requires
the commission to retain independent authority to perform the duties
and functions prescribed to it under any provision of law.
This bill would exclude the California Transportation Commission
from the Transportation Agency, establish it as an entity in state
government, and require it to act in an independent oversight role. The
bill would also make conforming changes.
(3) Existing law creates various state agencies, including the
Department of Transportation, the High-Speed Rail Authority, the
Department of the California Highway Patrol, the Department of Motor
Vehicles, and the State Air Resources Board, with specified powers
and duties. Existing law provides for the allocation of state transportation
funds to various transportation purposes.
This bill would create the Office of the Transportation Inspector
General in state government, as an independent office that would not
be a subdivision of any other government entity, to ensure that all of
the above-referenced state agencies and all other state agencies
expending state transportation funds are operating efficiently,
effectively, and in compliance with federal and state laws. The bill
would provide for the Governor to appoint the Transportation Inspector
General for a 6-year term, subject to confirmation by the Senate, and
would provide that the Transportation Inspector General may not be
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AB 1— 3 —
142
removed from office during the term except for good cause. The bill
would specify the duties and responsibilities of the Transportation
Inspector General and would require an annual report to the Legislature
and Governor.
This bill would require the department to update the Highway Design
Manual to incorporate the “complete streets” design concept by July 1,
2017.
(4) Existing law provides for loans of revenues from various
transportation funds and accounts to the General Fund, with various
repayment dates specified.
This bill would require the Department of Finance, on or before
January 1, 2017, to compute the amount of outstanding loans made
from specified transportation funds. The bill would require the
Department of Transportation to prepare a loan repayment schedule
and would require the outstanding loans to be repaid pursuant to that
schedule, as prescribed. The bill would appropriate funds for that
purpose from the Budget Stabilization Account. The bill would require
the repaid funds to be transferred, pursuant to a specified formula, to
cities and counties and to the department for maintenance of the state
highway system and for purposes of the state highway operation and
protection program.
(5) The Highway Safety, Traffic Reduction, Air Quality, and Port
Security Bond Act of 2006 (Proposition 1B) created the Trade Corridors
Improvement Fund and provided for allocation by the California
Transportation Commission of $2 billion in bond funds for infrastructure
improvements on highway and rail corridors that have a high volume
of freight movement and for specified categories of projects eligible to
receive these funds. Existing law continues the Trade Corridors
Improvement Fund in existence in order to receive revenues from
sources other than the bond act for these purposes.
This bill would deposit the revenues attributable to a $0.20 per gallon
increase in the diesel fuel excise tax imposed by the bill into the Trade
Corridors Improvement Fund. The bill would require revenues
apportioned to the state from the national highway freight program
established by the federal Fixing America’s Surface Transportation Act
to be allocated for trade corridor improvement projects approved
pursuant to these provisions.
Existing law requires the commission, in determining projects eligible
for funding, to consult various state freight and regional infrastructure
and goods movement plans and the statewide port master plan.
99
— 4 —AB 1
143
This bill would revise the list of plans to be consulted by the
commission when determining eligible projects for funding. The bill
would also expand eligible projects to include, among others, rail
landside access improvements, landside freight access improvements
to airports, and certain capital and operational improvements.
(6) Existing law requires all moneys, except for fines and penalties,
collected by the State Air Resources Board from the auction or sale of
allowances as part of a market-based compliance mechanism relative
to reduction of greenhouse gas emissions to be deposited in the
Greenhouse Gas Reduction Fund. Existing law continuously appropriates
10% of the annual proceeds of the fund to the Transit and Intercity Rail
Capital Program and 5% of the annual proceeds of the fund to the Low
Carbon Transit Operations Program.
This bill would, beginning in the 2017–18 fiscal year, instead
continuously appropriate 20% of those annual proceeds to the Transit
and Intercity Rail Capital Program and 10% of those annual proceeds
to the Low Carbon Transit Operations Program, thereby making an
appropriation.
(7) Article XIX of the California Constitution restricts the expenditure
of revenues from taxes imposed by the state on fuels used in motor
vehicles upon public streets and highways to street and highway and
certain mass transit purposes. Existing law requires certain
miscellaneous revenues deposited in the State Highway Account that
are not restricted as to expenditure by Article XIX of the California
Constitution to be transferred to the Transportation Debt Service Fund
in the State Transportation Fund, as specified, and requires the Controller
to transfer from the fund to the General Fund an amount of those
revenues necessary to offset the current year debt service made from
the General Fund on general obligation transportation bonds issued
pursuant to Proposition 116 of 1990.
This bill would delete the transfer of these miscellaneous revenues
to the Transportation Debt Service Fund, thereby eliminating the
offsetting transfer to the General Fund for debt service on general
obligation transportation bonds issued pursuant to Proposition 116 of
1990. The bill, subject to a specified exception, would instead require
the miscellaneous revenues to be retained in the State Highway Account
and to be deposited in the Road Maintenance and Rehabilitation
Account.
(8) Article XIX of the California Constitution requires gasoline excise
tax revenues from motor vehicles traveling upon public streets and
99
AB 1— 5 —
144
highways to be deposited in the Highway Users Tax Account, for
allocation to city, county, and state transportation purposes. Existing
law generally provides for statutory allocation of gasoline excise tax
revenues attributable to other modes of transportation, including
aviation, boats, agricultural vehicles, and off-highway vehicles, to
particular accounts and funds for expenditure on purposes associated
with those other modes, except that a specified portion of these gasoline
excise tax revenues is deposited in the General Fund. Expenditure of
the gasoline excise tax revenues attributable to those other modes is not
restricted by Article XIX of the California Constitution.
This bill, commencing July 1, 2017, would instead transfer to the
Highway Users Tax Account for allocation to state and local
transportation purposes under a specified formula the portion of gasoline
excise tax revenues currently being deposited in the General Fund that
are attributable to boats, agricultural vehicles, and off-highway vehicles.
Because that account is continuously appropriated, the bill would make
an appropriation.
(9) Existing law, as of July 1, 2011, increases the sales and use tax
on diesel and decreases the excise tax, as provided. Existing law requires
the State Board of Equalization to annually modify both the gasoline
and diesel excise tax rates on a going-forward basis so that the various
changes in the taxes imposed on gasoline and diesel are revenue neutral.
This bill would eliminate the annual rate adjustment to maintain
revenue neutrality for the gasoline and diesel excise tax rates and would
reimpose the higher gasoline excise tax rate that was in effect on July
1, 2010, in addition to the increase in the rate described in (1) above.
Existing law, beyond the sales and use tax rate generally applicable,
imposes an additional sales and use tax on diesel fuel at the rate of
1.75%, subject to certain exemptions, and provides for the net revenues
collected from the additional tax to be transferred to the Public
Transportation Account. Existing law continuously appropriates these
revenues to the Controller for allocation by formula to transportation
agencies for public transit purposes under the State Transit Assistance
Program.
This bill would increase the additional sales and use tax on diesel fuel
by an additional 3.5%. By increasing the revenues deposited in the
Public Transportation Account that are continuously appropriated, the
bill would thereby make an appropriation. The bill would restrict
expenditures of revenues from this increase in the sales and use tax on
diesel fuel to transit capital purposes and certain transit services and
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— 6 —AB 1
145
would require a recipient transit agency to comply with certain
requirements, including submitting a list of proposed projects to the
Department of Transportation, as a condition of receiving a portion of
these funds. The bill would require the Controller to compute and
publish quarterly proposed allocations for each eligible recipient agency
under the State Transit Assistance Program. The bill would require an
existing required audit of transit operator finances to verify that these
new revenues have been expended in conformance with these specific
restrictions and all other generally applicable requirements.
This bill would, beginning July 1, 2019, and every 3rd year thereafter,
require the State Board of Equalization to recompute the gasoline and
diesel excise tax rates and the additional sales and use tax rate on diesel
fuel based upon the percentage change in the California Consumer Price
Index transmitted to the board by the Department of Finance, as
prescribed.
(10) Existing law requires the Department of Transportation to
prepare a state highway operation and protection program every other
year for the expenditure of transportation capital improvement funds
for projects that are necessary to preserve and protect the state highway
system, excluding projects that add new traffic lanes. The program is
required to be based on an asset management plan, as specified. Existing
law requires the department to specify, for each project in the program
the capital and support budget and projected delivery date for various
components of the project. Existing law provides for the California
Transportation Commission to review and adopt the program, and
authorizes the commission to decline and adopt the program if it
determines that the program is not sufficiently consistent with the asset
management plan.
The bill would require the commission, as part of its review of the
program, to hold at least one hearing in northern California and one
hearing in southern California regarding the proposed program. The
bill would require the department to submit any change to a programmed
project as an amendment to the commission for its approval.
This bill, on and after August 1, 2017, would also require the
commission to make an allocation of all capital and support costs for
each project in the program, and would require the department to submit
a supplemental project allocation request to the commission for each
project that experiences cost increases above the amounts in its
allocation. The bill would require the commission to establish guidelines
to provide exceptions to the requirement for a supplemental project
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allocation requirement that the commission determines are necessary
to ensure that projects are not unnecessarily delayed.
(11) Existing law imposes weight fees on the registration of
commercial motor vehicles and provides for the deposit of net weight
fee revenues into the State Highway Account. Existing law provides
for the transfer of certain weight fee revenues from the State Highway
Account to the Transportation Debt Service Fund to reimburse the
General Fund for payment of debt service on general obligation bonds
issued for transportation purposes. Existing law also provides for the
transfer of certain weight fee revenues to the Transportation Bond Direct
Payment Account for direct payment of debt service on designated
bonds, which are defined to be certain transportation general obligation
bonds issued pursuant to Proposition 1B of 2006. Existing law also
provides for loans of weight fee revenues to the General Fund to the
extent the revenues are not needed for bond debt service purposes, with
the loans to be repaid when the revenues are later needed for those
purposes, as specified.
This bill, notwithstanding these provisions or any other law, would
only authorize specified amounts of weight fee revenues to be transferred
from the State Highway Account to the Transportation Debt Service
Fund, the Transportation Bond Direct Payment Account, or any other
fund or account for the purpose of payment of the debt service on
transportation general obligation bonds in accordance with a prescribed
schedule, with no more than $500,000,000 to be transferred in the 2021–
22 and subsequent fiscal years. The bill would also prohibit loans of
weight fee revenues to the General Fund.
(12) The California Environmental Quality Act (CEQA) requires a
lead agency, as defined, to prepare, or cause to be prepared, and certify
the completion of, an environmental impact report on a project that it
proposes to carry out or approve that may have a significant effect on
the environment or to adopt a negative declaration if it finds that the
project will not have that effect. CEQA also requires a lead agency to
prepare a mitigated negative declaration for a project that may have a
significant effect on the environment if revisions in the project would
avoid or mitigate that effect and there is no substantial evidence that
the project, as revised, would have a significant effect on the
environment.
CEQA, until January 1, 2020, exempts a project or an activity to
repair, maintain, or make minor alterations to an existing roadway, as
defined, other than a state roadway, if the project or activity is carried
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out by a city or county with a population of less than 100,000 persons
to improve public safety and meets other specified requirements.
This bill would extend the above-referenced exemption indefinitely
and delete the limitation of the exemption to projects or activities in
cities and counties with a population of less than 100,000 persons. The
bill would also expand the exemption to include state roadways.
This bill would also establish the Advance Mitigation Program in the
Department of Transportation. The bill would authorize the department
to undertake mitigation measures in advance of construction of a planned
transportation project. The bill would require the department to establish
a steering committee to advise the department on advance mitigation
measures and related matters. The bill would create the Advance
Mitigation Fund as a continuously appropriated revolving fund, to be
funded initially from the Road Maintenance and Rehabilitation Program
pursuant to (1) above. The bill would provide for reimbursement of the
revolving fund at the time a planned transportation project benefiting
from advance mitigation is constructed.
(13) Existing federal law requires the United States Secretary of
Transportation to carry out a surface transportation project delivery
program, under which the participating states assume certain
responsibilities for environmental review and clearance of transportation
projects that would otherwise be the responsibility of the federal
government. Existing law, until January 1, 2017, when these provisions
are repealed, provides that the State of California consents to the
jurisdiction of the federal courts with regard to the compliance,
discharge, or enforcement of the responsibilities the Department of
Transportation assumed as a participant in this program.
This bill would reenact these provisions.
(14) This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2⁄3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. The Legislature finds and declares all of the
line 2 following:
line 3 (a) Over the next 10 years, the state faces a $59 billion shortfall
line 4 to adequately maintain the existing state highway system in order
line 5 to keep it in a basic state of good repair.
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line 1 (b) Similarly, cities and counties face a $78 billion shortfall
line 2 over the next decade to adequately maintain the existing network
line 3 of local streets and roads.
line 4 (c) Statewide taxes and fees dedicated to the maintenance of
line 5 the system have not been increased in more than 20 years, with
line 6 those revenues losing more than 55 percent of their purchasing
line 7 power, while costs to maintain the system have steadily increased
line 8 and much of the underlying infrastructure has aged past its expected
line 9 useful life.
line 10 (d) California motorists are spending $17 billion annually in
line 11 extra maintenance and car repair bills, which is more than $700
line 12 per driver, due to the state’s poorly maintained roads.
line 13 (e) Failing to act now to address this growing problem means
line 14 that more drastic measures will be required to maintain our system
line 15 in the future, essentially passing the burden on to future generations
line 16 instead of doing our job today.
line 17 (f) A funding program will help address a portion of the
line 18 maintenance backlog on the state’s road system and will stop the
line 19 growth of the problem.
line 20 (g) Modestly increasing various fees can spread the cost of road
line 21 repairs broadly to all users and beneficiaries of the road network
line 22 without overburdening any one group.
line 23 (h) Improving the condition of the state’s road system will have
line 24 a positive impact on the economy as it lowers the transportation
line 25 costs of doing business, reduces congestion impacts for employees,
line 26 and protects property values in the state.
line 27 (i) The federal government estimates that increased spending
line 28 on infrastructure creates more than 13,000 jobs per $1 billion spent.
line 29 (j) Well-maintained roads benefit all users, not just drivers, as
line 30 roads are used for all modes of transport, whether motor vehicles,
line 31 transit, bicycles, or pedestrians.
line 32 (k) Well-maintained roads additionally provide significant health
line 33 benefits and prevent injuries and death due to crashes caused by
line 34 poorly maintained infrastructure.
line 35 (l) A comprehensive, reasonable transportation funding package
line 36 will do all of the following:
line 37 (1) Ensure these transportation needs are addressed.
line 38 (2) Fairly distribute the economic impact of increased funding.
line 39 (3) Restore the gas tax rate previously reduced by the State
line 40 Board of Equalization pursuant to the gas tax swap.
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line 1 (4) Direct increased revenue to the state’s highest transportation
line 2 needs.
line 3 SEC. 2. Section 13975 of the Government Code is amended
line 4 to read:
line 5 13975. There is in the state government the Transportation
line 6 Agency. The agency consists of the Department of the California
line 7 Highway Patrol, the California Transportation Commission, the
line 8 Department of Motor Vehicles, the Department of Transportation,
line 9 the High-Speed Rail Authority, and the Board of Pilot
line 10 Commissioners for the Bays of San Francisco, San Pablo, and
line 11 Suisun.
line 12 SEC. 3. Section 14033 is added to the Government Code, to
line 13 read:
line 14 14033. On or before July 1, 2017, the department shall update
line 15 the Highway Design Manual to incorporate the “complete streets”
line 16 design concept.
line 17 SEC. 4. Part 5.1 (commencing with Section 14460) is added
line 18 to Division 3 of Title 2 of the Government Code, to read:
line 19
line 20 PART 5.1. OFFICE OF THE TRANSPORTATION INSPECTOR
line 21 GENERAL
line 22
line 23 14460. (a) There is hereby created in state government the
line 24 independent Office of the Transportation Inspector General, which
line 25 shall not be a subdivision of any other governmental entity, to
line 26 ensure that the Department of Transportation, the High-Speed Rail
line 27 Authority, the Department of the California Highway Patrol, the
line 28 Department of Motor Vehicles, the State Air Resources Board,
line 29 and all other state agencies expending state transportation funds
line 30 are operating efficiently, effectively, and in compliance with
line 31 applicable federal and state laws.
line 32 (b) The Governor shall appoint, subject to confirmation by the
line 33 Senate, the Transportation Inspector General to a six-year term.
line 34 The Transportation Inspector General may not be removed from
line 35 office during that term, except for good cause. A finding of good
line 36 cause may include substantial neglect of duty, gross misconduct,
line 37 or conviction of a crime. The reasons for removal of the
line 38 Transportation Inspector General shall be stated in writing and
line 39 shall include the basis for removal. The writing shall be sent to
line 40 the Secretary of the Senate and the Chief Clerk of the Assembly
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line 1 at the time of the removal and shall be deemed to be a public
line 2 document.
line 3 14461. The Transportation Inspector General shall review
line 4 policies, practices, and procedures and conduct audits and
line 5 investigations of activities involving state transportation funds in
line 6 consultation with all affected state agencies. Specifically, the
line 7 Transportation Inspector General’s duties and responsibilities shall
line 8 include, but not be limited to, all of the following:
line 9 (a) To examine the operating practices of all state agencies
line 10 expending state transportation funds to identify fraud and waste,
line 11 opportunities for efficiencies, and opportunities to improve the
line 12 data used to determine appropriate project resource allocations.
line 13 (b) To identify best practices in the delivery of transportation
line 14 projects and develop policies or recommend proposed legislation
line 15 enabling state agencies to adopt these practices when practicable.
line 16 (c) To provide objective analysis of and, when possible, offer
line 17 solutions to concerns raised by the public or generated within
line 18 agencies involving the state’s transportation infrastructure and
line 19 project delivery methods.
line 20 (d) To conduct, supervise, and coordinate audits and
line 21 investigations relating to the programs and operations of all state
line 22 transportation agencies with state-funded transportation projects.
line 23 (e) To recommend policies promoting economy and efficiency
line 24 in the administration of programs and operations of all state
line 25 agencies with state-funded transportation projects.
line 26 (f) To ensure that the Secretary of Transportation and the
line 27 Legislature are fully and currently informed concerning fraud or
line 28 other serious abuses or deficiencies relating to the expenditure of
line 29 funds or administration of programs and operations.
line 30 14462. The Transportation Inspector General shall report at
line 31 least annually to the Governor and Legislature with a summary of
line 32 his or her findings, investigations, and audits. The summary shall
line 33 be posted on the Transportation Inspector General’s Internet Web
line 34 site and shall otherwise be made available to the public upon its
line 35 release to the Governor and Legislature. The summary shall
line 36 include, but need not be limited to, significant problems discovered
line 37 by the Transportation Inspector General and whether
line 38 recommendations of the Transportation Inspector General relative
line 39 to investigations and audits have been implemented by the affected
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line 1 agencies. The report shall be submitted to the Legislature in
line 2 compliance with Section 9795.
line 3 SEC. 5. Section 14500 of the Government Code is amended
line 4 to read:
line 5 14500. There is in the Transportation Agency state government
line 6 a California Transportation Commission. The commission shall
line 7 act in an independent oversight role.
line 8 SEC. 6. Section 14526.5 of the Government Code is amended
line 9 to read:
line 10 14526.5. (a) Based on the asset management plan prepared
line 11 and approved pursuant to Section 14526.4, the department shall
line 12 prepare a state highway operation and protection program for the
line 13 expenditure of transportation funds for major capital improvements
line 14 that are necessary to preserve and protect the state highway system.
line 15 Projects included in the program shall be limited to capital
line 16 improvements relative to the maintenance, safety, operation, and
line 17 rehabilitation rehabilitation, and operation of state highways and
line 18 bridges that do not add a new traffic lane to the system.
line 19 (b) The program shall include projects that are expected to be
line 20 advertised prior to July 1 of the year following submission of the
line 21 program, but which have not yet been funded. The program shall
line 22 include those projects for which construction is to begin within
line 23 four fiscal years, starting July 1 of the year following the year the
line 24 program is submitted.
line 25 (c) (1) The department, at a minimum, shall specify, for each
line 26 project in the state highway operation and protection program, the
line 27 capital and support budget, as well as a projected delivery date,
line 28 budget for each of the following project components:
line 29 (1) Completion of project
line 30 (A) Project approval and environmental documents.
line 31 (2) Preparation of plans,
line 32 (B) Plans, specifications, and estimates.
line 33 (3) Acquisition of rights-of-way, including, but not limited to,
line 34 support activities.
line 35 (C) Rights-of-way.
line 36 (D) Construction.
line 37 (2) The department shall specify, for each project in the state
line 38 highway operation and protection program, a project delivery
line 39 date for each of the following components:
line 40 (A) Environmental document completion.
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line 1 (B) Plans, specifications, and estimate completion.
line 2 (C) Right-of-way certification.
line 3 (4)
line 4 (D) Start of construction.
line 5 (d) The program department shall be submitted submit its
line 6 proposed program to the commission not later than January 31 of
line 7 each even-numbered year. Prior to submitting the plan, its proposed
line 8 program, the department shall make a draft of its proposed program
line 9 available to transportation planning agencies for review and
line 10 comment and shall include the comments in its submittal to the
line 11 commission. The department shall provide the commission with
line 12 detailed information for all programmed projects, including, but
line 13 not limited to, cost, scope, schedule, and performance metrics as
line 14 determined by the commission.
line 15 (e) The commission may shall review the proposed program
line 16 relative to its overall adequacy, consistency with the asset
line 17 management plan prepared and approved pursuant to Section
line 18 14526.4 and funding priorities established in Section 167 of the
line 19 Streets and Highways Code, the level of annual funding needed
line 20 to implement the program, and the impact of those expenditures
line 21 on the state transportation improvement program. The commission
line 22 shall adopt the program and submit it to the Legislature and the
line 23 Governor not later than April 1 of each even-numbered year. The
line 24 commission may decline to adopt the program if the commission
line 25 determines that the program is not sufficiently consistent with the
line 26 asset management plan prepared and approved pursuant to Section
line 27 14526.4.
line 28 (f) As part of the commission’s review of the program required
line 29 pursuant to subdivision (a), the commission shall hold at least one
line 30 hearing in northern California and one hearing in southern
line 31 California regarding the proposed program.
line 32 (f)
line 33 (g) Expenditures for these projects shall not be subject to
line 34 Sections 188 and 188.8 of the Streets and Highways Code.
line 35 (h) Following adoption of the state highway operation and
line 36 protection program by the commission, any change to a
line 37 programmed project shall be submitted as an amendment by the
line 38 department to the commission for its approval before the change
line 39 may be implemented.
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line 1 SEC. 7. Section 14526.7 is added to the Government Code, to
line 2 read:
line 3 14526.7. (a) On and after August 1, 2017, an allocation by the
line 4 commission of all capital and support costs for each project in the
line 5 state highway operation and protection program shall be required.
line 6 (b) For a project that experiences increases in capital or support
line 7 costs above the amounts in the commission’s allocation pursuant
line 8 to subdivision (a), a supplemental project allocation request shall
line 9 be submitted by the department to the commission for approval.
line 10 (c) The commission shall establish guidelines to provide
line 11 exceptions to the requirement of subdivision (b) that the
line 12 commission determines are necessary to ensure that projects are
line 13 not unnecessarily delayed.
line 14 SEC. 8. Section 14534.1 of the Government Code is repealed.
line 15 14534.1. Notwithstanding Section 12850.6 or subdivision (b)
line 16 of Section 12800, as added to this code by the Governor’s
line 17 Reorganization Plan No. 2 of 2012 during the 2011–12 Regular
line 18 Session, the commission shall retain independent authority to
line 19 perform those duties and functions prescribed to it under any
line 20 provision of law.
line 21 SEC. 9. Section 16321 is added to the Government Code, to
line 22 read:
line 23 16321. (a) Notwithstanding any other law, on or before January
line 24 1, 2017, the Department of Finance shall compute the amount of
line 25 outstanding loans made from the State Highway Account, the
line 26 Motor Vehicle Fuel Account, the Highway Users Tax Account,
line 27 and the Motor Vehicle Account to the General Fund. The
line 28 department shall prepare a loan repayment schedule, pursuant to
line 29 which the outstanding loans shall be repaid, as follows:
line 30 (1) On or before June 30, 2017, 50 percent of the outstanding
line 31 loan amounts.
line 32 (2) On or before June 30, 2018, the remainder of the outstanding
line 33 loan amounts.
line 34 (b) Notwithstanding any other law, as the loans are repaid
line 35 pursuant to this section, the repaid funds shall be transferred in the
line 36 following manner:
line 37 (1) Fifty percent to cities and counties pursuant to clauses (i)
line 38 and (ii) of subparagraph (C) of paragraph (3) of subdivision (a) of
line 39 Section 2103 of the Streets and Highways Code.
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line 1 (2) Fifty percent to the department for maintenance of the state
line 2 highway system and for purposes of the state highway operation
line 3 and protection program.
line 4 (c) Funds for loan repayments pursuant to this section are hereby
line 5 appropriated from the Budget Stabilization Account pursuant to
line 6 subclause (II) of clause (ii) of subparagraph (B) of paragraph (1)
line 7 of subdivision (c) of Section 20 of Article XVI of the California
line 8 Constitution.
line 9 SEC. 10. Section 16965 of the Government Code is amended
line 10 to read:
line 11 16965. (a) (1) The Transportation Debt Service Fund is hereby
line 12 created in the State Treasury. Moneys in the fund shall be dedicated
line 13 to all of the following purposes:
line 14 (A) Payment of debt service with respect to designated bonds,
line 15 as defined in subdivision (c) of Section 16773, and as further
line 16 provided in paragraph (3) and subdivision (b).
line 17 (B) To reimburse the General Fund for debt service with respect
line 18 to bonds.
line 19 (C) To redeem or retire bonds, pursuant to Section 16774,
line 20 maturing in a subsequent fiscal year.
line 21 (2) The bonds eligible under subparagraph (B) or (C) of
line 22 paragraph (1) include bonds issued pursuant to the Clean Air and
line 23 Transportation Improvement Act of 1990 (Part 11.5 (commencing
line 24 with Section 99600) of Division 10 of the Public Utilities Code),
line 25 the Passenger Rail and Clean Air Bond Act of 1990 (Chapter 17
line 26 (commencing with Section 2701) of Division 3 of the Streets and
line 27 Highways Code), the Seismic Retrofit Bond Act of 1996 (Chapter
line 28 12.48 (commencing with Section 8879) of Division 1 of Title 2),
line 29 and the Safe, Reliable High-Speed Passenger Train Bond Act for
line 30 the 21st Century (Chapter 20 (commencing with Section 2704) of
line 31 Division 3 of the Streets and Highways Code), and nondesignated
line 32 bonds under Proposition 1B, as defined in subdivision (c) of
line 33 Section 16773.
line 34 (3) (A) The Transportation Bond Direct Payment Account is
line 35 hereby created in the State Treasury, as a subaccount within the
line 36 Transportation Debt Service Fund, for the purpose of directly
line 37 paying the debt service, as defined in paragraph (4), of designated
line 38 bonds of Proposition 1B, as defined in subdivision (c) of Section
line 39 16773. Notwithstanding Section 13340, moneys in the
line 40 Transportation Bond Direct Payment Account are continuously
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line 1 appropriated for payment of debt service with respect to designated
line 2 bonds as provided in subdivision (c) of Section 16773. So long as
line 3 any designated bonds remain outstanding, the moneys in the
line 4 Transportation Bond Direct Payment Account may not be used
line 5 for any other purpose, and may not be borrowed by or available
line 6 for transfer to the General Fund pursuant to Section 16310 or any
line 7 similar law, or to the General Cash Revolving Fund pursuant to
line 8 Section 16381 or any similar law.
line 9 (B) Once the Treasurer makes a certification that payment of
line 10 debt service with respect to all designated bonds has been paid or
line 11 provided for, any remaining moneys in the Transportation Bond
line 12 Direct Payment Account shall be transferred back to the
line 13 Transportation Debt Service Fund.
line 14 (C) The moneys in the Transportation Bond Direct Payment
line 15 Account shall be invested in the Surplus Money Investment Fund,
line 16 and all investment earnings shall accrue to the account.
line 17 (D) The Controller may establish subaccounts within the
line 18 Transportation Bond Direct Payment Account as may be required
line 19 by the resolution, indenture, or other documents governing any
line 20 designated bonds.
line 21 (4) For purposes of this subdivision and subdivision (b), and
line 22 subdivision (c) of Section 16773, “debt service” means payment
line 23 of all of the following costs and expenses with respect to any
line 24 designated bond:
line 25 (A) The principal of and interest on the bonds.
line 26 (B) Amounts payable as the result of tender on any bonds, as
line 27 described in clause (iv) of subparagraph (B) of paragraph (1) of
line 28 subdivision (d) of Section 16731.
line 29 (C) Amounts payable under any contractual obligation of the
line 30 state to repay advances and pay interest thereon under a credit
line 31 enhancement or liquidity agreement as described in clause (iv) of
line 32 subparagraph (B) of paragraph (1) of subdivision (d) of Section
line 33 16731.
line 34 (D) Any amount owed by the state to a counterparty after any
line 35 offset for payments owed to the state on any hedging contract as
line 36 described in subparagraph (A) of paragraph (2) of subdivision (d)
line 37 of Section 16731.
line 38 (b) From the moneys transferred to the fund pursuant to
line 39 paragraph (2) or (3) of subdivision (c) of Section 9400.4 of the
line 40 Vehicle Code, there shall first be deposited into the Transportation
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line 1 Bond Direct Payment Account in each month sufficient funds to
line 2 equal the amount designated in a certificate submitted by the
line 3 Treasurer to the Controller and the Director of Finance at the start
line 4 of each fiscal year, and as may be modified by the Treasurer
line 5 thereafter upon issuance of any new issue of designated bonds or
line 6 upon change in circumstances that requires such a modification.
line 7 This certificate shall be calculated by the Treasurer to identify, for
line 8 each month, the amount necessary to fund all of the debt service
line 9 with respect to all designated bonds. This calculation shall be done
line 10 in a manner provided in the resolution, indenture, or other
line 11 documents governing the designated bonds. In the event that
line 12 transfers to the Transportation Bond Direct Payment Account in
line 13 any month are less than the amounts required in the Treasurer’s
line 14 certificate, the shortfall shall carry over to be part of the required
line 15 payment in the succeeding month or months.
line 16 (c) The state hereby covenants with the holders from time to
line 17 time of any designated bonds that it will not alter, amend, or restrict
line 18 the provisions of subdivision (c) of Section 16773 of the
line 19 Government Code, or Sections 9400, 9400.1, 9400.4, and 42205
line 20 of the Vehicle Code, which provide directly or indirectly for the
line 21 transfer of weight fees to the Transportation Debt Service Fund
line 22 or the Transportation Bond Direct Payment Account, or
line 23 subdivisions (a) and (b) of this section, or reduce the rate of
line 24 imposition of vehicle weight fees under Sections 9400 and 9400.1
line 25 of the Vehicle Code as they existed on the date of the first issuance
line 26 of any designated bonds, if that alteration, amendment, restriction,
line 27 or reduction would result in projected weight fees for the next
line 28 fiscal year determined by the Director of Finance being less than
line 29 two times the maximum annual debt service with respect to all
line 30 outstanding designated bonds, as such calculation is determined
line 31 pursuant to the resolution, indenture, or other documents governing
line 32 the designated bonds. The state may include this covenant in the
line 33 resolution, indenture, or other documents governing the designated
line 34 bonds.
line 35 (d) Once the required monthly deposit, including makeup of
line 36 any shortfalls from any prior month, has been made pursuant to
line 37 subdivision (b), from moneys transferred to the fund pursuant to
line 38 paragraph (2) or (3) of subdivision (c) of Section 9400.4 of the
line 39 Vehicle Code, or pursuant to Section 16965.1 or 63048.67, the
line 40 Controller shall transfer as an expenditure reduction to the General
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line 1 Fund any amount necessary to offset the cost of current year debt
line 2 service payments made from the General Fund with respect to any
line 3 bonds issued pursuant to Proposition 192 (1996) and three-quarters
line 4 of the amount of current year debt service payments made from
line 5 the General Fund with respect to any nondesignated bonds, as
line 6 defined in subdivision (c) of Section 16773, issued pursuant to
line 7 Proposition 1B (2006). In the alternative, these funds may also be
line 8 used to redeem or retire the applicable bonds, pursuant to Section
line 9 16774, maturing in a subsequent fiscal year as directed by the
line 10 Director of Finance.
line 11 (e) From moneys transferred to the fund pursuant to Section
line 12 183.1 of the Streets and Highways Code, the Controller shall
line 13 transfer as an expenditure reduction to the General Fund any
line 14 amount necessary to offset the cost of current year debt service
line 15 payments made from the General Fund with respect to any bonds
line 16 issued pursuant to Proposition 116 (1990). In the alternative, these
line 17 funds may also be used to redeem or retire the applicable bonds,
line 18 pursuant to Section 16774, maturing in a subsequent fiscal year
line 19 as directed by the Director of Finance.
line 20 (f)
line 21 (e) Once the required monthly deposit, including makeup of
line 22 any shortfalls from any prior month, has been made pursuant to
line 23 subdivision (b), from moneys transferred to the fund pursuant to
line 24 paragraph (2) or (3) of subdivision (c) of Section 9400.4 of the
line 25 Vehicle Code, or pursuant to Section 16965.1 or 63048.67, the
line 26 Controller shall transfer as an expenditure reduction to the General
line 27 Fund any amount necessary to offset the eligible cost of current
line 28 year debt service payments made from the General Fund with
line 29 respect to any bonds issued pursuant to Proposition 108 (1990)
line 30 and Proposition 1A (2008), and one-quarter of the amount of
line 31 current year debt service payments made from the General Fund
line 32 with respect to any nondesignated bonds, as defined in subdivision
line 33 (c) of Section 16773, issued pursuant to Proposition 1B (2006).
line 34 The Department of Finance shall notify the Controller by July 30
line 35 of every year of the percentage of debt service that is expected to
line 36 be paid in that fiscal year with respect to bond-funded projects that
line 37 qualify as eligible guideway projects consistent with the
line 38 requirements applicable to the expenditure of revenues under
line 39 Article XIX of the California Constitution, and the Controller shall
line 40 make payments only for those eligible projects. In the alternative,
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line 1 these funds may also be used to redeem or retire the applicable
line 2 bonds, pursuant to Section 16774, maturing in a subsequent fiscal
line 3 year as directed by the Director of Finance.
line 4 (g)
line 5 (f) On or before the second business day following the date on
line 6 which transfers are made to the Transportation Debt Service Fund,
line 7 and after the required monthly deposits for that month, including
line 8 makeup of any shortfalls from any prior month, have been made
line 9 to the Transportation Bond Direct Payment Account, the Controller
line 10 shall transfer the funds designated for reimbursement of bond debt
line 11 service with respect to nondesignated bonds, as defined in
line 12 subdivision (c) of Section 16773, and other bonds identified in
line 13 subdivisions (d), (e),(d) and (f)(e) in that month from the fund to
line 14 the General Fund pursuant to this section.
line 15 SEC. 11. Section 39719 of the Health and Safety Code is
line 16 amended to read:
line 17 39719. (a) The Legislature shall appropriate the annual
line 18 proceeds of the fund for the purpose of reducing greenhouse gas
line 19 emissions in this state in accordance with the requirements of
line 20 Section 39712.
line 21 (b) To carry out a portion of the requirements of subdivision
line 22 (a), annual proceeds are continuously appropriated for the
line 23 following:
line 24 (1) Beginning in the 2015–16 2017–18 fiscal year, and
line 25 notwithstanding Section 13340 of the Government Code, 35 50
line 26 percent of annual proceeds are continuously appropriated, without
line 27 regard to fiscal years, for transit, affordable housing, and
line 28 sustainable communities programs as following: follows:
line 29 (A) Ten Twenty percent of the annual proceeds of the fund is
line 30 hereby continuously appropriated to the Transportation Agency
line 31 for the Transit and Intercity Rail Capital Program created by Part
line 32 2 (commencing with Section 75220) of Division 44 of the Public
line 33 Resources Code.
line 34 (B) Five Ten percent of the annual proceeds of the fund is hereby
line 35 continuously appropriated to the Low Carbon Transit Operations
line 36 Program created by Part 3 (commencing with Section 75230) of
line 37 Division 44 of the Public Resources Code. Funds Moneys shall be
line 38 allocated by the Controller, according to requirements of the
line 39 program, and pursuant to the distribution formula in subdivision
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line 1 (b) or (c) of Section 99312 of, and Sections 99313 and 99314 of,
line 2 the Public Utilities Code.
line 3 (C)Twenty percent of the annual proceeds of the fund is hereby
line 4 continuously appropriated to the Strategic Growth Council for the
line 5 Affordable Housing and Sustainable Communities Program created
line 6 by Part 1 (commencing with Section 75200) of Division 44 of the
line 7 Public Resources Code. Of the amount appropriated in this
line 8 subparagraph, no less than 10 percent of the annual proceeds,
line 9 proceeds shall be expended for affordable housing, consistent with
line 10 the provisions of that program.
line 11 (2)Beginning in the 2015–16 fiscal year, notwithstanding
line 12 Section 13340 of the Government Code, 25 percent of the annual
line 13 proceeds of the fund is hereby continuously appropriated to the
line 14 High-Speed Rail Authority for the following components of the
line 15 initial operating segment and Phase I Blended System as described
line 16 in the 2012 business plan adopted pursuant to Section 185033 of
line 17 the Public Utilities Code:
line 18 (A)Acquisition and construction costs of the project.
line 19 (B)Environmental review and design costs of the project.
line 20 (C)Other capital costs of the project.
line 21 (D)Repayment of any loans made to the authority to fund the
line 22 project.
line 23 (c)In determining the amount of annual proceeds of the fund
line 24 for purposes of the calculation in subdivision (b), the funds subject
line 25 to Section 39719.1 shall not be included.
line 26 SEC. 12. Section 21080.37 of the Public Resources Code is
line 27 amended to read:
line 28 21080.37. (a) This division does not apply to a project or an
line 29 activity to repair, maintain, or make minor alterations to an existing
line 30 roadway if all of the following conditions are met:
line 31 (1)The project is carried out by a city or county with a
line 32 population of less than 100,000 persons to improve public safety.
line 33 (2)
line 34 (1)(A) The project does not cross a waterway.
line 35 (B)For purposes of this paragraph, “waterway” means a bay,
line 36 estuary, lake, pond, river, slough, or a perennial, intermittent, or
line 37 ephemeral stream, lake, or estuarine-marine shoreline.
line 38 (3)
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line 1 (2) The project involves negligible or no expansion of an
line 2 existing use beyond that existing at the time of the lead agency’s
line 3 determination.
line 4 (4) The roadway is not a state roadway.
line 5 (5)
line 6 (3) (A) The site of the project does not contain wetlands or
line 7 riparian areas and does not have significant value as a wildlife
line 8 habitat, and the project does not harm any species protected by the
line 9 federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et
line 10 seq.), the Native Plant Protection Act (Chapter 10 (commencing
line 11 with Section 1900) of Division 2 of the Fish and Game Code), or
line 12 the California Endangered Species Act (Chapter 1.5 (commencing
line 13 with Section 2050) of Division 3 of the Fish and Game Code), and
line 14 the project does not cause the destruction or removal of any species
line 15 protected by a local ordinance.
line 16 (B) For the purposes of this paragraph:
line 17 (i) “Riparian areas” mean those areas transitional between
line 18 terrestrial and aquatic ecosystems and that are distinguished by
line 19 gradients in biophysical conditions, ecological processes, and biota.
line 20 A riparian area is an area through which surface and subsurface
line 21 hydrology connect waterbodies with their adjacent uplands. A
line 22 riparian area includes those portions of terrestrial ecosystems that
line 23 significantly influence exchanges of energy and matter with aquatic
line 24 ecosystems. A riparian area is adjacent to perennial, intermittent,
line 25 and ephemeral streams, lakes, and estuarine-marine shorelines.
line 26 (ii) “Significant value as a wildlife habitat” includes wildlife
line 27 habitat of national, statewide, regional, or local importance; habitat
line 28 for species protected by the federal Endangered Species Act of
line 29 1973 (16 U.S.C. Sec. 1531, 1531 et seq.), the California
line 30 Endangered Species Act (Chapter 1.5 (commencing with Section
line 31 2050) of Division 3 of the Fish and Game Code), or the Native
line 32 Plant Protection Act (Chapter 10 (commencing with Section 1900)
line 33 of Division 2 of the Fish and Game Code); habitat identified as
line 34 candidate, fully protected, sensitive, or species of special status
line 35 by local, state, or federal agencies; or habitat essential to the
line 36 movement of resident or migratory wildlife.
line 37 (iii) “Wetlands” has the same meaning as in the United States
line 38 Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
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line 1 (iv) “Wildlife habitat” means the ecological communities upon
line 2 which wild animals, birds, plants, fish, amphibians, and
line 3 invertebrates depend for their conservation and protection.
line 4 (6)
line 5 (4) The project does not impact cultural resources.
line 6 (7)
line 7 (5) The roadway does not affect scenic resources, as provided
line 8 pursuant to subdivision (c) of Section 21084.
line 9 (b) Prior to determining that a project is exempt pursuant to this
line 10 section, the lead agency shall do both of the following:
line 11 (1) Include measures in the project to mitigate potential
line 12 vehicular traffic and safety impacts and bicycle and pedestrian
line 13 safety impacts.
line 14 (2) Hold a noticed public hearing on the project to hear and
line 15 respond to public comments. The hearing on the project may be
line 16 conducted with another noticed lead agency public hearing.
line 17 Publication of the notice shall be no fewer times than required by
line 18 Section 6061 of the Government Code, by the public agency in a
line 19 newspaper of general circulation in the area.
line 20 (c) For purposes of this section, “roadway” means a roadway
line 21 as defined pursuant to Section 530 of the Vehicle Code and the
line 22 previously graded and maintained shoulder that is within a roadway
line 23 right-of-way of no more than five feet from the edge of the
line 24 roadway.
line 25 (d) Whenever
line 26 (d) (1) If a state agency determines that a project is not subject
line 27 to this division pursuant to this section and it approves or
line 28 determines to carry out that project, it shall file a notice with the
line 29 Office of Planning and Research in the manner specified in
line 30 subdivisions (b) and (c) of Section 21108.
line 31 (2) If a local agency determines that a project is not subject to
line 32 this division pursuant to this section, section and it approves or
line 33 determines to carry out that project, the local agency it shall file
line 34 a notice with the Office of Planning and Research, and with the
line 35 county clerk in the county in which the project will be located in
line 36 the manner specified in subdivisions (b) and (c) of Section 21152.
line 37 (e) This section shall remain in effect only until January 1, 2020,
line 38 and as of that date is repealed, unless a later enacted statute, that
line 39 is enacted before January 1, 2020, deletes or extends that date.
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line 1 SEC. 13. Division 13.6 (commencing with Section 21200) is
line 2 added to the Public Resources Code, to read:
line 3
line 4 DIVISION 13.6. ADVANCE MITIGATION PROGRAM ACT
line 5
line 6 Chapter 1. General
line 7
line 8 21200. This division shall be known, and may be cited, as the
line 9 Advance Mitigation Program Act.
line 10 21201. (a) The purpose of this division is to improve the
line 11 success and effectiveness of actions implemented to mitigate the
line 12 natural resource impacts of future transportation projects by
line 13 establishing the means to implement those actions well before the
line 14 transportation projects are constructed. The advance identification
line 15 and implementation of mitigation actions also will streamline the
line 16 delivery of transportation projects by anticipating mitigation
line 17 requirements for planned transportation projects and avoiding or
line 18 reducing delays associated with environmental permitting. By
line 19 identifying regional or statewide conservation priorities and by
line 20 anticipating the impacts of planned transportation projects on a
line 21 regional or statewide basis, mitigation actions can be designed to
line 22 protect and restore California’s most valuable natural resources
line 23 and also facilitate environmental compliance for planned
line 24 transportation projects on a regional scale.
line 25 (b) This division is not intended to create a new environmental
line 26 permitting or regulatory program or to modify existing
line 27 environmental laws or regulations, nor is it expected that all
line 28 mitigation requirements will be addressed for planned
line 29 transportation projects. Instead, it is intended to provide a
line 30 methodology with which to anticipate and fulfill the requirements
line 31 of existing state and federal environmental laws that protect fish,
line 32 wildlife, plant species, and other natural resources more efficiently
line 33 and effectively.
line 34 21202. The Legislature finds and declares all of the following:
line 35 (a) The minimization and mitigation of environmental impacts
line 36 is ordinarily handled on a project-by-project basis, usually near
line 37 the end of a project’s timeline and often without guidance regarding
line 38 regional or statewide conservation priorities.
line 39 (b) The cost of critical transportation projects often escalates
line 40 because of permitting delays that occur when appropriate
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line 1 conservation and mitigation measures cannot easily be identified
line 2 and because the cost of these measures often increases between
line 3 the time a project is planned and funded and the time mitigation
line 4 is implemented.
line 5 (c) Addressing conservation and mitigation needs early in a
line 6 project’s timeline, during the project design and development
line 7 phase, can reduce costs, allow natural resources conservation to
line 8 be integrated with project siting and design, and result in the
line 9 establishment of more valuable and productive habitat mitigation.
line 10 (d) When the Department of Transportation is able to anticipate
line 11 the mitigation needs for planned transportation projects, it can
line 12 meet those needs in a more timely and cost-effective way by using
line 13 advance mitigation planning.
line 14 (e) Working with state and federal resource protection agencies,
line 15 the department can identify, conserve, and, where appropriate,
line 16 restore lands for mitigation of numerous projects early in the
line 17 projects’ timelines, thereby allowing public funds to stretch further
line 18 by acquiring habitat at a lower cost and avoiding environmental
line 19 permitting delays.
line 20 (f) Advance mitigation can provide an effective means of
line 21 facilitating delivery of transportation projects while ensuring more
line 22 effective natural resource conservation.
line 23 (g) Advance mitigation is needed to direct mitigation funding
line 24 for transportation projects to agreed-upon conservation priorities
line 25 and to the creation of habitat reserves and recreation areas that
line 26 enhance the sustainability of human and natural systems by
line 27 protecting or restoring connectivity of natural communities and
line 28 the delivery of ecosystem services.
line 29 (h) Advance mitigation can facilitate the implementation of
line 30 climate change adaptation strategies both for ecosystems and
line 31 California’s economy.
line 32 (i) Advance mitigation can enable the state to protect, restore,
line 33 and recover its natural resources as it strengthens and improves
line 34 its transportation systems.
line 35 21203. The Legislature intends to do all of the following by
line 36 enacting this division:
line 37 (a) Facilitate delivery of transportation projects while ensuring
line 38 more effective natural resource conservation.
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line 1 (b) Develop effective strategies to improve the state’s ability to
line 2 meet mounting demands for transportation improvements and to
line 3 maximize conservation and other public benefits.
line 4 (c) Achieve conservation objectives of statewide and regional
line 5 importance by coordinating local, state, and federally funded
line 6 natural resource conservation efforts with mitigation actions
line 7 required for impacts from transportation projects.
line 8 (d) Create administrative, governance, and financial incentives
line 9 and mechanisms necessary to ensure that measures required to
line 10 minimize or mitigate impacts from transportation projects will
line 11 serve to achieve regional or statewide natural resource conservation
line 12 objectives.
line 13
line 14 Chapter 2. Definitions
line 15
line 16 21204. For purposes of this division, the following terms have
line 17 the following meanings:
line 18 (a) “Advance mitigation” means mitigation implemented before,
line 19 and in anticipation of, environmental effects of planned
line 20 transportation projects.
line 21 (b) “Commission” means the California Transportation
line 22 Commission.
line 23 (c) “Department” means the Department of Transportation.
line 24 (d) “Transportation project” means a transportation capital
line 25 improvement project.
line 26 (e) “Planned transportation project” means a transportation
line 27 project that a transportation agency has concluded is reasonably
line 28 likely to be constructed within 20 years and that has been identified
line 29 to the agency for purposes of this division. A planned transportation
line 30 project may include, but is not limited to, a transportation project
line 31 that has been proposed for approval or that has been approved.
line 32 (f) “Program” means the Advance Mitigation Program
line 33 implemented pursuant to this division.
line 34 (g) “Regulatory agency” means a state or federal natural
line 35 resource protection agency with regulatory authority over planned
line 36 transportation projects. A regulatory agency includes, but is not
line 37 limited to, the Natural Resources Agency, the Department of Fish
line 38 and Wildlife, California regional water quality control boards, the
line 39 United States Fish and Wildlife Service, the National Marine
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line 1 Fisheries Service, the United States Environmental Protection
line 2 Agency, and the United States Army Corps of Engineers.
line 3
line 4 Chapter 3. Advance Mitigation Program
line 5
line 6 21205. (a) The Advance Mitigation Program is hereby created
line 7 in the department to accelerate project delivery and improve
line 8 environmental outcomes of environmental mitigation for planned
line 9 transportation projects.
line 10 (b) The program may utilize mitigation instruments, including,
line 11 but not limited to, mitigation banks, in lieu of fee programs, and
line 12 conservation easements as defined in Section 815.1 of the Civil
line 13 Code.
line 14 (c) The department shall track all implemented advance
line 15 mitigation projects to use as credits for environmental mitigation
line 16 for state-sponsored transportation projects.
line 17 (d) The department may use advance mitigation credits to fulfill
line 18 mitigation requirements of any environmental law for a
line 19 transportation project eligible for the State Transportation
line 20 Improvement Program or the State Highway Operation and
line 21 Protection Program.
line 22 21206. No later than August 1, 2017, the department shall
line 23 establish an interagency transportation advance mitigation steering
line 24 committee consisting of the department and appropriate state and
line 25 federal regulatory agencies to support the program so that advance
line 26 mitigation can be used as required mitigation for planned
line 27 transportation projects and can provide improved environmental
line 28 outcomes. The committee shall advise the department of
line 29 opportunities to carry out advance mitigation projects, provide the
line 30 best available science, and actively participate in mitigation
line 31 instrument reviews and approvals. The committee shall seek to
line 32 develop streamlining opportunities, including those related to
line 33 landscape scale mitigation planning and alignment of federal and
line 34 state regulations and procedures related to mitigation requirements
line 35 and implementation. The committee shall also provide input on
line 36 crediting, using, and tracking of advance mitigation investments.
line 37 21207. The Advance Mitigation Fund is hereby created in the
line 38 State Transportation Fund as a revolving fund. Notwithstanding
line 39 Section 13340 of the Government Code, the fund shall be
line 40 continuously appropriated without regard to fiscal years. The
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line 1 moneys in the fund shall be programmed by the commission for
line 2 the planning and implementation of advance mitigation projects
line 3 consistent with the purposes of this chapter. After the transfer of
line 4 moneys to the fund for four fiscal years pursuant to subdivision
line 5 (c) of Section 2032 of the Streets and Highways Code, commencing
line 6 in the 2017–18 fiscal year, the program is intended to be
line 7 self-sustaining. Advance expenditures from the fund shall later be
line 8 reimbursed from project funding available at the time a planned
line 9 transportation project is constructed. A maximum of 5 percent of
line 10 available funds may be used for administrative purposes.
line 11 21208. The program is intended to improve the efficiency and
line 12 efficacy of mitigation only and is not intended to supplant the
line 13 requirements of the California Environmental Quality Act (Division
line 14 13 (commencing with Section 21000) or any other environmental
line 15 law. The identification of planned transportation projects and of
line 16 mitigation projects or measures for planned transportation projects
line 17 under this division does not imply or require approval of those
line 18 projects for purposes of the California Environmental Quality Act
line 19 (Division 13 (commencing with Section 21000) or any other
line 20 environmental law.
line 21 SEC. 14. Section 99312.1 of the Public Utilities Code is
line 22 amended to read:
line 23 99312.1. (a) Revenues transferred to the Public Transportation
line 24 Account pursuant to Sections 6051.8 and 6201.8 of the Revenue
line 25 and Taxation Code are hereby continuously appropriated to the
line 26 Controller for allocation as follows:
line 27 (a)
line 28 (1) Fifty percent for allocation to transportation planning
line 29 agencies, county transportation commissions, and the San Diego
line 30 Metropolitan Transit Development Board pursuant to Section
line 31 99314.
line 32 (b)
line 33 (2) Fifty percent for allocation to transportation agencies, county
line 34 transportation commissions, and the San Diego Metropolitan
line 35 Transit Development Board for purposes of Section 99313.
line 36 (b) For purposes of this chapter, the revenues allocated pursuant
line 37 to this section shall be subject to the same requirements as revenues
line 38 allocated pursuant to subdivisions (b) and (c), as applicable, of
line 39 Section 99312.
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line 1 (c) The revenues transferred to the Public Transportation
line 2 Account that are attributable to the increase in the sales and use
line 3 tax on diesel fuel pursuant to subdivision (b) of Section 6051.8 of
line 4 the Revenue and Taxation Code, as adjusted pursuant to
line 5 subdivision (c) of that section, and subdivision (b) of Section 6201.8
line 6 of the Revenue and Taxation Code, as adjusted pursuant to
line 7 subdivision (c) of that section, upon allocation pursuant to Sections
line 8 99313 and 99314, shall only be expended on the following:
line 9 (1) Transit capital projects or services to maintain or repair a
line 10 transit operator’s existing transit vehicle fleet or existing transit
line 11 facilities, including rehabilitation or modernization of existing
line 12 vehicles or facilities.
line 13 (2) The design, acquisition, and construction of new vehicles
line 14 or facilities that improve existing transit services.
line 15 (3) Transit services that complement local efforts for repair and
line 16 improvement of local transportation infrastructure.
line 17 (d) (1) Prior to receiving an apportionment of funds pursuant
line 18 to subdivision (c) from the Controller in a fiscal year, a recipient
line 19 transit agency shall submit to the Department of Transportation
line 20 a list of projects proposed to be funded with these funds. The list
line 21 of projects proposed to be funded with these funds shall include
line 22 a description and location of each proposed project, a proposed
line 23 schedule for the project’s completion, and the estimated useful life
line 24 of the improvement. The project list shall not limit the flexibility
line 25 of a recipient transit agency to fund projects in accordance with
line 26 local needs and priorities so long as the projects are consistent
line 27 with subdivision (c).
line 28 (2) The department shall report to the Controller the recipient
line 29 transit agencies that have submitted a list of projects as described
line 30 in this subdivision and that are therefore eligible to receive an
line 31 apportionment of funds for the applicable fiscal year. The
line 32 Controller, upon receipt of the report, shall apportion funds
line 33 pursuant to Sections 99313 and 99314.
line 34 (e) For each fiscal year, each recipient transit agency receiving
line 35 an apportionment of funds pursuant to subdivision (c) shall, upon
line 36 expending those funds, submit documentation to the department
line 37 that includes a description and location of each completed project,
line 38 the amount of funds expended on the project, the completion date,
line 39 and the estimated useful life of the improvement.
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line 1 (f) The audit of transit operator finances required pursuant to
line 2 Section 99245 shall verify that the revenues identified in
line 3 subdivision (c) have been expended in conformance with these
line 4 specific requirements and all other generally applicable
line 5 requirements.
line 6 SEC. 15. Section 99314.9 is added to the Public Utilities Code,
line 7 to read:
line 8 99314.9. The Controller shall compute quarterly proposed
line 9 allocations for State Transit Assistance funds available for
line 10 allocation pursuant to Sections 99313 and 99314. The Controller
line 11 shall publish the allocations for each eligible recipient agency,
line 12 including one list applicable to revenues allocated pursuant to
line 13 subdivision (c) of Section 99312.1 and another list for revenues
line 14 allocated from all other revenues in the Public Transportation
line 15 Account that are designated for the State Transit Assistance
line 16 Program.
line 17 SEC. 16. Section 6051.8 of the Revenue and Taxation Code
line 18 is amended to read:
line 19 6051.8. (a) Except as provided by Section 6357.3, in addition
line 20 to the taxes imposed by this part, for the privilege of selling
line 21 tangible personal property at retail a tax is hereby imposed upon
line 22 all retailers at the rate of 1.75 percent of the gross receipts of any
line 23 retailer from the sale of all diesel fuel, as defined in Section 60022,
line 24 sold at retail in this state on and after the operative date of this
line 25 subdivision. fuel.
line 26 (b) Except as provided by Section 6357.3, in addition to the
line 27 taxes imposed by this part and by subdivision (a), for the privilege
line 28 of selling tangible personal property at retail a tax is hereby
line 29 imposed upon all retailers at the rate of 3.5 percent of the gross
line 30 receipts of any retailer from the sale of all diesel fuel, as defined
line 31 in Section 60022, sold at retail in this state. The tax imposed under
line 32 this subdivision shall be imposed on and after the first day of the
line 33 first calendar quarter that occurs 120 days after the effective date
line 34 of the act adding this subdivision.
line 35 (b) Notwithstanding subdivision (a), for
line 36 (c) Beginning July 1, 2019, and every third year thereafter, the
line 37 2011–12 fiscal year only, State Board of Equalization shall
line 38 recompute the rate referenced in subdivision (a) rates of the taxes
line 39 imposed by this section. That computation shall be 1.87 percent.
line 40 made as follows:
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line 1 (c) Notwithstanding subdivision (a),
line 2 (1) The Department of Finance shall transmit to the State Board
line 3 of Equalization the percentage change in the California Consumer
line 4 Price Index for all items from November of three calendar years
line 5 prior to November of the 2012–13 fiscal year only, the rate
line 6 referenced in subdivision (a) shall be 2.17 percent. prior calendar
line 7 year, no later than January 31, 2019, and January 31 of every
line 8 third year thereafter.
line 9 (d) Notwithstanding subdivision (a), for
line 10 (2) The State Board of Equalization shall do all of the following:
line 11 (A) Compute an inflation adjustment factor by adding 100
line 12 percent to the percentage change figure that is furnished pursuant
line 13 to paragraph (1) and dividing the result by 100.
line 14 (B) Multiply the preceding tax rate per gallon by the inflation
line 15 adjustment factor determined in subparagraph (A) and round off
line 16 the resulting product to the nearest tenth of a cent.
line 17 (C) Make its determination of the 2013–14 fiscal year only, new
line 18 rate no later than March 1 of the rate referenced in subdivision
line 19 (a) shall be 1.94 percent. same year as the effective date of the new
line 20 rate.
line 21 (e)
line 22 (d) Notwithstanding subdivision (b) of Section 7102, all of the
line 23 revenues, less refunds, collected pursuant to this section shall be
line 24 estimated by the State Board of Equalization, with the concurrence
line 25 of the Department of Finance, and transferred quarterly to the
line 26 Public Transportation Account in the State Transportation Fund
line 27 for allocation pursuant to Section 99312.1 of the Public Utilities
line 28 Code.
line 29 (f) Subdivisions (a) to (e), inclusive, shall become operative on
line 30 July 1, 2011.
line 31 SEC. 17. Section 6201.8 of the Revenue and Taxation Code
line 32 is amended to read:
line 33 6201.8. (a) Except as provided by Section 6357.3, in addition
line 34 to the taxes imposed by this part, an excise tax is hereby imposed
line 35 on the storage, use, or other consumption in this state of diesel
line 36 fuel, as defined in Section 60022, at the rate of 1.75 percent of the
line 37 sales price of the diesel fuel on and after the operative date of this
line 38 subdivision. fuel.
line 39 (b) Notwithstanding subdivision (a), for
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line 1 (b) Except as provided by Section 6357.3, in addition to the
line 2 taxes imposed by this part and by subdivision (a), an excise tax is
line 3 hereby imposed on the storage, use, or other consumption in this
line 4 state of diesel fuel, as defined in Section 60022, at the rate of 3.5
line 5 percent of the sales price of the diesel fuel. The tax imposed under
line 6 this subdivision shall be imposed on and after the first day of the
line 7 first calendar quarter that occurs 120 days after the effective date
line 8 of the act adding this subdivision.
line 9 (c) Beginning July 1, 2019, and every third year thereafter, the
line 10 2011–12 fiscal year only, State Board of Equalization shall
line 11 recompute the rate referenced in subdivision (a) rates of the taxes
line 12 imposed by this section. That computation shall be 1.87 percent.
line 13 made as follows:
line 14 (c) Notwithstanding subdivision (a),
line 15 (1) The Department of Finance shall transmit to the State Board
line 16 of Equalization the percentage change in the California Consumer
line 17 Price Index for all items from November of three calendar years
line 18 prior to November of the 2012–13 fiscal year only, the rate
line 19 referenced in subdivision (a) shall be 2.17 percent. prior calendar
line 20 year, no later than January 31, 2019, and January 31 of every
line 21 third year thereafter.
line 22 (d) Notwithstanding subdivision (a), for
line 23 (2) The State Board of Equalization shall do all of the following:
line 24 (A) Compute an inflation adjustment factor by adding 100
line 25 percent to the percentage change figure that is furnished pursuant
line 26 to paragraph (1) and dividing the result by 100.
line 27 (B) Multiply the preceding tax rate per gallon by the inflation
line 28 adjustment factor determined in subparagraph (A) and round off
line 29 the resulting product to the nearest tenth of a cent.
line 30 (C) Make its determination of the 2013–14 fiscal year only, new
line 31 rate no later than March 1 of the rate referenced in subdivision
line 32 (a) shall be 1.94 percent. same year as the effective date of the new
line 33 rate.
line 34 (e)
line 35 (d) Notwithstanding subdivision (b) of Section 7102, all of the
line 36 revenues, less refunds, collected pursuant to this section shall be
line 37 estimated by the State Board of Equalization, with the concurrence
line 38 of the Department of Finance, and transferred quarterly to the
line 39 Public Transportation Account in the State Transportation Fund
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line 1 for allocation pursuant to Section 99312.1 of the Public Utilities
line 2 Code.
line 3 (f) Subdivisions (a) to (e), inclusive, shall become operative on
line 4 July 1, 2011.
line 5 SEC. 18. Section 7360 of the Revenue and Taxation Code is
line 6 amended to read:
line 7 7360. (a) (1) (A) A tax of eighteen cents ($0.18) is hereby
line 8 imposed upon each gallon of fuel subject to the tax in Sections
line 9 7362, 7363, and 7364.
line 10 (B) In addition to the tax imposed pursuant to subparagraph
line 11 (A), on and after the first day of the first calendar quarter that
line 12 occurs 90 days after the effective date of the act adding this
line 13 subparagraph, a tax of twelve cents ($0.12) is hereby imposed
line 14 upon each gallon of fuel, other than aviation gasoline, subject to
line 15 the tax in Sections 7362, 7363, and 7364.
line 16 (2) If the federal fuel tax is reduced below the rate of nine cents
line 17 ($0.09) per gallon and federal financial allocations to this state for
line 18 highway and exclusive public mass transit guideway purposes are
line 19 reduced or eliminated correspondingly, the tax rate imposed by
line 20 subparagraph (A) of paragraph (1), on and after the date of the
line 21 reduction, shall be recalculated by an amount so that the combined
line 22 state rate under subparagraph (A) of paragraph (1) and the federal
line 23 tax rate per gallon equal twenty-seven cents ($0.27).
line 24 (3) If any person or entity is exempt or partially exempt from
line 25 the federal fuel tax at the time of a reduction, the person or entity
line 26 shall continue to be so exempt under this section.
line 27 (b) (1) On and after July 1, 2010, in addition to the tax imposed
line 28 by subdivision (a), a tax is hereby imposed upon each gallon of
line 29 motor vehicle fuel, other than aviation gasoline, subject to the tax
line 30 in Sections 7362, 7363, and 7364 in an amount equal to seventeen
line 31 and three-tenths cents ($0.173) per gallon.
line 32 (2) For the 2011–12 fiscal year
line 33 (c) Beginning July 1, 2019, and each fiscal every third year
line 34 thereafter, the board shall, on or before March 1 State Board of
line 35 the fiscal year immediately preceding the applicable fiscal year,
line 36 adjust the rate in paragraph (1) in that manner as to generate an
line 37 amount Equalization shall recompute the rates of revenue that
line 38 will equal the amount of revenue loss attributable to the exemption
line 39 provided taxes imposed by Section 6357.7, based on estimates
line 40 made by the board, and that rate this section. That computation
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line 1 shall be effective during the state’s next fiscal year. made as
line 2 follows:
line 3 (3) In order to maintain revenue neutrality for each year,
line 4 beginning with
line 5 (1) The Department of Finance shall transmit to the State Board
line 6 of Equalization the percentage change in the California Consumer
line 7 Price Index for all items from November of three calendar years
line 8 prior to November of the prior calendar year, no later than January
line 9 31, 2019, and January 31 of every third year thereafter.
line 10 (2) The State Board of Equalization shall do all of the following:
line 11 (A) Compute an inflation adjustment factor by adding 100
line 12 percent to the percentage change figure that is furnished pursuant
line 13 to paragraph (1) and dividing the result by 100.
line 14 (B) Multiply the preceding tax rate adjustment on or before
line 15 March 1, 2012, the adjustment under paragraph (2) shall also take
line 16 into account the extent to which the actual amount of revenues
line 17 derived pursuant to this subdivision and, as applicable, Section
line 18 7361.1, the revenue loss attributable to the exemption provided
line 19 per gallon by Section 6357.7 resulted the inflation adjustment
line 20 factor determined in a net revenue gain or loss for subparagraph
line 21 (A) and round off the fiscal year ending prior resulting product to
line 22 the rate adjustment date on or before March 1. nearest tenth of a
line 23 cent.
line 24 (4) The intent
line 25 (C) Make its determination of paragraphs (2) and (3) is to ensure
line 26 that the act adding this subdivision and Section 6357.7 does not
line 27 produce a net revenue gain in state taxes. new rate no later than
line 28 March 1 of the same year as the effective date of the new rate.
line 29 SEC. 19. Section 8352.4 of the Revenue and Taxation Code
line 30 is amended to read:
line 31 8352.4. (a) Subject to Sections 8352 and 8352.1, and except
line 32 as otherwise provided in subdivision (b), there shall be transferred
line 33 from the money deposited to the credit of the Motor Vehicle Fuel
line 34 Account to the Harbors and Watercraft Revolving Fund, for
line 35 expenditure in accordance with Division 1 (commencing with
line 36 Section 30) of the Harbors and Navigation Code, the sum of six
line 37 million six hundred thousand dollars ($6,600,000) per annum,
line 38 representing the amount of money in the Motor Vehicle Fuel
line 39 Account attributable to taxes imposed on distributions of motor
line 40 vehicle fuel used or usable in propelling vessels. The actual amount
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line 1 shall be calculated using the annual reports of registered boats
line 2 prepared by the Department of Motor Vehicles for the United
line 3 States Coast Guard and the formula and method of the December
line 4 1972 report prepared for this purpose and submitted to the
line 5 Legislature on December 26, 1972, by the Director of
line 6 Transportation. If the amount transferred during each fiscal year
line 7 is in excess of the calculated amount, the excess shall be
line 8 retransferred from the Harbors and Watercraft Revolving Fund to
line 9 the Motor Vehicle Fuel Account. If the amount transferred is less
line 10 than the amount calculated, the difference shall be transferred from
line 11 the Motor Vehicle Fuel Account to the Harbors and Watercraft
line 12 Revolving Fund. No adjustment shall be made if the computed
line 13 difference is less than fifty thousand dollars ($50,000), and the
line 14 amount shall be adjusted to reflect any temporary or permanent
line 15 increase or decrease that may be made in the rate under the Motor
line 16 Vehicle Fuel Tax Law. Payments pursuant to this section shall be
line 17 made prior to payments pursuant to Section 8352.2.
line 18 (b) Commencing July 1, 2012, 2017, the revenues attributable
line 19 to the taxes imposed pursuant to subdivision (b) of Section 7360
line 20 and Section 7361.1 and otherwise to be deposited in the Harbors
line 21 and Watercraft Revolving Fund pursuant to subdivision (a) shall
line 22 instead be transferred to the General Fund. The revenues
line 23 attributable to the taxes imposed Highway Users Tax Account for
line 24 distribution pursuant to subdivision (b) of Section 7360 and Section
line 25 7361.1 that were deposited in 2103.1 of the Harbors Streets and
line 26 Watercraft Revolving Fund in the 2010–11 and 2011–12 fiscal
line 27 years shall be transferred to the General Fund. Highways Code.
line 28 SEC. 20. Section 8352.5 of the Revenue and Taxation Code
line 29 is amended to read:
line 30 8352.5. (a) (1) Subject to Sections 8352 and 8352.1, and
line 31 except as otherwise provided in subdivision (b), there shall be
line 32 transferred from the money deposited to the credit of the Motor
line 33 Vehicle Fuel Account to the Department of Food and Agriculture
line 34 Fund, during the second quarter of each fiscal year, an amount
line 35 equal to the estimate contained in the most recent report prepared
line 36 pursuant to this section.
line 37 (2) The amounts are not subject to Section 6357 with respect
line 38 to the collection of sales and use taxes thereon, and represent the
line 39 portion of receipts in the Motor Vehicle Fuel Account during a
line 40 calendar year that were attributable to agricultural off-highway
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line 1 use of motor vehicle fuel which is subject to refund pursuant to
line 2 Section 8101, less gross refunds allowed by the Controller during
line 3 the fiscal year ending June 30th 30 following the calendar year to
line 4 persons entitled to refunds for agricultural off-highway use
line 5 pursuant to Section 8101. Payments pursuant to this section shall
line 6 be made prior to payments pursuant to Section 8352.2.
line 7 (b) Commencing July 1, 2012, 2017, the revenues attributable
line 8 to the taxes imposed pursuant to subdivision (b) of Section 7360
line 9 and Section 7361.1 and otherwise to be deposited in the
line 10 Department of Food and Agriculture Fund pursuant to subdivision
line 11 (a) shall instead be transferred to the General Fund. The revenues
line 12 attributable to the taxes imposed Highway Users Tax Account for
line 13 distribution pursuant to subdivision (b) of Section 7360 and Section
line 14 7361.1 that were deposited in the Department 2103.1 of Food and
line 15 Agriculture Fund in the 2010–11 Streets and 2011–12 fiscal years
line 16 shall be transferred to the General Fund. Highways Code.
line 17 (c) On or before September 30, 2012, and on or before
line 18 September 30 of each even-numbered year thereafter, the Director
line 19 of Transportation and the Director of Food and Agriculture shall
line 20 jointly prepare, or cause to be prepared, a report setting forth the
line 21 current estimate of the amount of money in the Motor Vehicle
line 22 Fuel Account attributable to agricultural off-highway use of motor
line 23 vehicle fuel, which is subject to refund pursuant to Section 8101
line 24 less gross refunds allowed by the Controller to persons entitled to
line 25 refunds for agricultural off-highway use pursuant to Section 8101;
line 26 and they shall submit a copy of the report to the Legislature.
line 27 SEC. 21. Section 8352.6 of the Revenue and Taxation Code
line 28 is amended to read:
line 29 8352.6. (a) (1) Subject to Section 8352.1, and except as
line 30 otherwise provided in paragraphs (2) and (3), on the first day of
line 31 every month, there shall be transferred from moneys deposited to
line 32 the credit of the Motor Vehicle Fuel Account to the Off-Highway
line 33 Vehicle Trust Fund created by Section 38225 of the Vehicle Code
line 34 an amount attributable to taxes imposed upon distributions of motor
line 35 vehicle fuel used in the operation of motor vehicles off highway
line 36 and for which a refund has not been claimed. Transfers made
line 37 pursuant to this section shall be made prior to transfers pursuant
line 38 to Section 8352.2.
line 39 (2) Commencing July 1, 2012, 2017, the revenues attributable
line 40 to the taxes imposed pursuant to subdivision (b) of Section 7360
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line 1 and Section 7361.1 and otherwise to be deposited in the
line 2 Off-Highway Vehicle Trust Fund pursuant to paragraph (1) shall
line 3 instead be transferred to the General Fund. The revenues
line 4 attributable to the taxes imposed Highway Users Tax Account for
line 5 distribution pursuant to subdivision (b) of Section 7360 and Section
line 6 7361.1 that were deposited in 2103.1 of the Off-Highway Vehicle
line 7 Trust Fund in the 2010–11 Streets and 2011–12 fiscal years shall
line 8 be transferred to the General Fund. Highways Code.
line 9 (3) The Controller shall withhold eight hundred thirty-three
line 10 thousand dollars ($833,000) from the monthly transfer to the
line 11 Off-Highway Vehicle Trust Fund pursuant to paragraph (1), and
line 12 transfer that amount to the General Fund.
line 13 (b) The amount transferred to the Off-Highway Vehicle Trust
line 14 Fund pursuant to paragraph (1) of subdivision (a), as a percentage
line 15 of the Motor Vehicle Fuel Account, shall be equal to the percentage
line 16 transferred in the 2006–07 fiscal year. Every five years, starting
line 17 in the 2013–14 fiscal year, the percentage transferred may be
line 18 adjusted by the Department of Transportation in cooperation with
line 19 the Department of Parks and Recreation and the Department of
line 20 Motor Vehicles. Adjustments shall be based on, but not limited
line 21 to, the changes in the following factors since the 2006–07 fiscal
line 22 year or the last adjustment, whichever is more recent:
line 23 (1) The number of vehicles registered as off-highway motor
line 24 vehicles as required by Division 16.5 (commencing with Section
line 25 38000) of the Vehicle Code.
line 26 (2) The number of registered street-legal vehicles that are
line 27 anticipated to be used off highway, including four-wheel drive
line 28 vehicles, all-wheel drive vehicles, and dual-sport motorcycles.
line 29 (3) Attendance at the state vehicular recreation areas.
line 30 (4) Off-highway recreation use on federal lands as indicated by
line 31 the United States Forest Service’s National Visitor Use Monitoring
line 32 and the United States Bureau of Land Management’s Recreation
line 33 Management Information System.
line 34 (c) It is the intent of the Legislature that transfers from the Motor
line 35 Vehicle Fuel Account to the Off-Highway Vehicle Trust Fund
line 36 should reflect the full range of motorized vehicle use off highway
line 37 for both motorized recreation and motorized off-road access to
line 38 other recreation opportunities. Therefore, the Legislature finds that
line 39 the fuel tax baseline established in subdivision (b), attributable to
line 40 off-highway estimates of use as of the 2006–07 fiscal year,
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line 1 accounts for the three categories of vehicles that have been found
line 2 over the years to be users of fuel for off-highway motorized
line 3 recreation or motorized access to nonmotorized recreational
line 4 pursuits. These three categories are registered off-highway
line 5 motorized vehicles, registered street-legal motorized vehicles used
line 6 off highway, and unregistered off-highway motorized vehicles.
line 7 (d) It is the intent of the Legislature that the off-highway motor
line 8 vehicle recreational use to be determined by the Department of
line 9 Transportation pursuant to paragraph (2) of subdivision (b) be that
line 10 usage by vehicles subject to registration under Division 3
line 11 (commencing with Section 4000) of the Vehicle Code, for
line 12 recreation or the pursuit of recreation on surfaces where the use
line 13 of vehicles registered under Division 16.5 (commencing with
line 14 Section 38000) of the Vehicle Code may occur.
line 15 (e) In the 2014–15 fiscal year, the Department of Transportation,
line 16 in consultation with the Department of Parks and Recreation and
line 17 the Department of Motor Vehicles, shall undertake a study to
line 18 determine the appropriate adjustment to the amount transferred
line 19 pursuant to subdivision (b) and to update the estimate of the amount
line 20 attributable to taxes imposed upon distributions of motor vehicle
line 21 fuel used in the operation of motor vehicles off highway and for
line 22 which a refund has not been claimed. The department shall provide
line 23 a copy of this study to the Legislature no later than January 1,
line 24 2016.
line 25 SEC. 22. Section 60050 of the Revenue and Taxation Code is
line 26 amended to read:
line 27 60050. (a) (1) A tax of eighteen thirteen cents ($0.18) ($0.13)
line 28 is hereby imposed upon each gallon of diesel fuel subject to the
line 29 tax in Sections 60051, 60052, and 60058.
line 30 (2) If the federal fuel tax is reduced below the rate of fifteen
line 31 cents ($0.15) per gallon and federal financial allocations to this
line 32 state for highway and exclusive public mass transit guideway
line 33 purposes are reduced or eliminated correspondingly, the tax rate
line 34 imposed by paragraph (1), including any reduction or adjustment
line 35 pursuant to subdivision (b), on and after the date of the reduction,
line 36 (1) shall be increased by an amount so that the combined state rate
line 37 under paragraph (1) and the federal tax rate per gallon equal what
line 38 it would have been in the absence of the federal reduction.
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line 1 (3) If any person or entity is exempt or partially exempt from
line 2 the federal fuel tax at the time of a reduction, the person or entity
line 3 shall continue to be exempt under this section.
line 4 (b) (1) On July 1, 2011, the tax rate specified in paragraph (1)
line 5 of subdivision (a) shall be reduced to thirteen cents ($0.13) and
line 6 every July 1 thereafter shall be adjusted pursuant to paragraphs
line 7 (2) and (3).
line 8 (2) For the 2012–13 fiscal year and each fiscal year thereafter,
line 9 the board shall, on or before March 1 of the fiscal year immediately
line 10 preceding the applicable fiscal year, adjust the rate reduction in
line 11 paragraph (1) in that manner as to result in a revenue loss
line 12 attributable to paragraph (1) that will equal the amount of revenue
line 13 gain attributable to Sections 6051.8 and 6201.8, based on estimates
line 14 made by the board, and that rate shall be effective during the state’s
line 15 next fiscal year.
line 16 (3) In order to maintain revenue neutrality for each year,
line 17 beginning with the rate adjustment on or before March 1, 2013,
line 18 the adjustment under paragraph (2) shall take into account the
line 19 extent to which the actual amount of revenues derived pursuant to
line 20 Sections 6051.8 and 6201.8 and the revenue loss attributable to
line 21 this subdivision resulted in a net revenue gain or loss for the fiscal
line 22 year ending prior to the rate adjustment date on or before March
line 23 1.
line 24 (4) The intent of paragraphs (2) and (3) is to ensure that the act
line 25 adding this subdivision and Sections 6051.8 and 6201.8 does not
line 26 produce a net revenue gain in state taxes.
line 27 (b) In addition to the tax imposed pursuant to subdivision (a),
line 28 on and after the first day of the first calendar quarter that occurs
line 29 120 days after the effective date of the act amending this
line 30 subdivision in the 2017–18 Regular Session, an additional tax of
line 31 twenty cents ($0.20) is hereby imposed upon each gallon of diesel
line 32 fuel subject to the tax in Sections 60051, 60052, and 60058.
line 33 (c) Beginning July 1, 2019, and every third year thereafter, the
line 34 State Board of Equalization shall recompute the rates of the taxes
line 35 imposed by this section. That computation shall be made as
line 36 follows:
line 37 (1) The Department of Finance shall transmit to the State Board
line 38 of Equalization the percentage change in the California Consumer
line 39 Price Index for all items from November of three calendar years
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line 1 prior to November of the prior calendar year, no later than January
line 2 31, 2019, and January 31 of every third year thereafter.
line 3 (2) The State Board of Equalization shall do all of the following:
line 4 (A) Compute an inflation adjustment factor by adding 100
line 5 percent to the percentage change figure that is furnished pursuant
line 6 to paragraph (1) and dividing the result by 100.
line 7 (B) Multiply the preceding tax rate per gallon by the inflation
line 8 adjustment factor determined in subparagraph (A) and round off
line 9 the resulting product to the nearest tenth of a cent.
line 10 (C) Make its determination of the new rate no later than March
line 11 1 of the same year as the effective date of the new rate.
line 12 SEC. 23. Section 183.1 of the Streets and Highways Code is
line 13 amended to read:
line 14 183.1. (a) Notwithstanding subdivision (a) of Except as
line 15 otherwise provided in Section 182 or any other provision 54237.7
line 16 of law, the Government Code, money deposited into the account
line 17 that is not subject to Article XIX of the California Constitution,
line 18 including, but not limited to, money that is derived from the sale
line 19 of documents, charges for miscellaneous services to the public,
line 20 condemnation deposits fund investments, rental of state property,
line 21 or any other miscellaneous uses of property or money, may shall
line 22 be used for any transportation purpose authorized by statute, upon
line 23 appropriation by deposited in the Legislature or, after transfer Road
line 24 Maintenance and Rehabilitation Account created pursuant to
line 25 another fund, upon appropriation by the Legislature from that fund.
line 26 Section 2031.
line 27 (b) Commencing with the 2013–14 fiscal year, and not later
line 28 than November 1 of each fiscal year thereafter, based on prior year
line 29 financial statements, the Controller shall transfer the funds
line 30 identified in subdivision (a) for the prior fiscal year from the State
line 31 Highway Account to the Transportation Debt Service Fund in the
line 32 State Transportation Fund, and those funds are continuously
line 33 appropriated for the purposes specified for the Transportation Debt
line 34 Service Fund.
line 35 SEC. 24. Section 820.1 is added to the Streets and Highways
line 36 Code, to read:
line 37 820.1. (a) The State of California consents to the jurisdiction
line 38 of the federal courts with regard to the compliance, discharge, or
line 39 enforcement of the responsibilities assumed by the department
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line 1 pursuant to Sections 326 and 327(a) of Title 23 of the United States
line 2 Code.
line 3 (b) In any action brought pursuant to the federal laws described
line 4 in subdivision (a), no immunity from suit may be asserted by the
line 5 department pursuant to the Eleventh Amendment to the United
line 6 States Constitution, and any immunity is hereby waived.
line 7 (c) The department shall not delegate any of its responsibilities
line 8 assumed pursuant to the federal laws described in subdivision (a)
line 9 to any political subdivision of the state or its instrumentalities.
line 10 (d) Nothing in this section affects the obligation of the
line 11 department to comply with state and federal law.
line 12 SEC. 25. Chapter 2 (commencing with Section 2030) is added
line 13 to Division 3 of the Streets and Highways Code, to read:
line 14
line 15 Chapter 2. Road Maintenance and Rehabilitation
line 16 Program
line 17
line 18 2030. (a) The Road Maintenance and Rehabilitation Program
line 19 is hereby created to address deferred maintenance on the state
line 20 highway system and the local street and road system. Funds made
line 21 available by the program shall be prioritized for expenditure on
line 22 basic road maintenance and road rehabilitation projects, and on
line 23 critical safety projects. For funds appropriated pursuant to
line 24 paragraph (1) of subdivision (d) of Section 2032, the California
line 25 Transportation Commission shall adopt performance criteria,
line 26 consistent with the asset management plan required pursuant to
line 27 14526.4 of the Government Code, to ensure efficient use of the
line 28 funds available for these purposes in the program.
line 29 (b) (1) Funds made available by the program shall be used for
line 30 projects that include, but are not limited to, the following:
line 31 (A) Road maintenance and rehabilitation.
line 32 (B) Safety projects.
line 33 (C) Railroad grade separations.
line 34 (D) Complete street components, including active transportation
line 35 purposes, pedestrian and bicycle safety projects, transit facilities,
line 36 and drainage and stormwater capture projects in conjunction with
line 37 any other allowable project.
line 38 (E) Traffic control devices.
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line 1 (2) Funds made available by the program may also be used to
line 2 satisfy a match requirement in order to obtain state or federal funds
line 3 for projects authorized by this subdivision.
line 4 2031. The following revenues shall be deposited in the Road
line 5 Maintenance and Rehabilitation Account, which is hereby created
line 6 in the State Transportation Fund:
line 7 (a) The portion of the revenues in the Highway Users Tax
line 8 Account attributable to the increase in the motor vehicle fuel excise
line 9 tax pursuant to subparagraph (B) of paragraph (1) of subdivision
line 10 (a) of Section 7360 of the Revenue and Taxation Code, as adjusted
line 11 pursuant to subdivision (c) of that section.
line 12 (b) The revenues from the increase in the vehicle registration
line 13 fee pursuant to Section 9250.3 of the Vehicle Code, as adjusted
line 14 pursuant to subdivision (b) of that section.
line 15 (c) The revenues from the increase in the vehicle registration
line 16 fee pursuant to Section 9250.6 of the Vehicle Code, as adjusted
line 17 pursuant to subdivision (b) of that section.
line 18 (d) The revenues deposited in the account pursuant to Section
line 19 183.1 of the Streets and Highways Code.
line 20 (e) Any other revenues designated for the program.
line 21 2031.5. Each fiscal year the annual Budget Act shall contain
line 22 an appropriation from the Road Maintenance and Rehabilitation
line 23 Account to the Controller for the costs of carrying out his or her
line 24 duties pursuant to this chapter and to the California Transportation
line 25 Commission for the costs of carrying out its duties pursuant to this
line 26 chapter and Section 14526.7 of the Government Code.
line 27 2032. (a) (1) After deducting the amounts appropriated in the
line 28 annual Budget Act, as provided in Section 2031.5, two hundred
line 29 million dollars ($200,000,000) of the remaining revenues deposited
line 30 in the Road Maintenance and Rehabilitation Account shall be set
line 31 aside annually for counties that have sought and received voter
line 32 approval of taxes or that have imposed fees, including uniform
line 33 developer fees as defined by subdivision (b) of Section 8879.67
line 34 of the Government Code, which taxes or fees are dedicated solely
line 35 to transportation improvements. The Controller shall each month
line 36 set aside one-twelfth of this amount, to accumulate a total of two
line 37 hundred million dollars ($200,000,000) in each fiscal year.
line 38 (2) Notwithstanding Section 13340 of the Government Code,
line 39 the funds available under this subdivision in each fiscal year are
line 40 hereby continuously appropriated for allocation to each eligible
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line 1 county and each city in the county for road maintenance and
line 2 rehabilitation purposes pursuant to Section 2033.
line 3 (b) (1) After deducting the amounts appropriated in the annual
line 4 Budget Act pursuant to Section 2031.5 and the amount allocated
line 5 in subdivision (a), beginning in the 2017–18 fiscal year, eighty
line 6 million dollars ($80,000,000) of the remaining revenues shall be
line 7 transferred annually to the State Highway Account for expenditure,
line 8 upon appropriation by the Legislature, on the Active Transportation
line 9 Program created pursuant to Chapter 8 (commencing with Section
line 10 2380) of Division 3 to be allocated by the California Transportation
line 11 Commission pursuant to Section 2381.
line 12 (2) In addition to the funds transferred in paragraph (1), the
line 13 department shall annually identify savings achieved through
line 14 efficiencies implemented at the department. The department,
line 15 through the annual budget process, shall propose, from the
line 16 identified savings, an appropriation to be included in the annual
line 17 Budget Act of up to seventy million dollars ($70,000,000), but not
line 18 to exceed the total annual identified savings, from the State
line 19 Highway Account for expenditure on the Active Transportation
line 20 Program.
line 21 (c) After deducting the amounts appropriated in the annual
line 22 Budget Act pursuant to Section 2031.5, the amount allocated in
line 23 subdivision (a) and the amount transferred in paragraph (1) of
line 24 subdivision (b), in the 2017–18, 2018–19, 2019–20, and 2020–21
line 25 fiscal years, the sum of thirty million dollars ($30,000,000) in each
line 26 fiscal year from the remaining revenues shall be transferred to the
line 27 Advance Mitigation Fund in the State Transportation Fund created
line 28 pursuant to Section 21207 of the Public Resources Code.
line 29 (d) After deducting the amounts appropriated in the annual
line 30 Budget Act pursuant to Section 2031.5, the amount allocated in
line 31 subdivision (a), and the amounts transferred in paragraph (1) of
line 32 subdivision (b) and in subdivision (c), beginning in the 2017–18
line 33 fiscal year and each fiscal year thereafter, and notwithstanding
line 34 Section 13340 of the Government Code, there is hereby
line 35 continuously appropriated to the California State University the
line 36 sum of two million dollars ($2,000,000) from the remaining
line 37 revenues for the purpose of conducting transportation research and
line 38 transportation-related workforce education, training, and
line 39 development, and to the institutes for transportation studies at the
line 40 University of California the sum of three million dollars
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line 1 ($3,000,000). Prior to the start of each fiscal year, the chairs of the
line 2 Assembly Committee on Transportation and the Senate Committee
line 3 on Transportation and Housing shall confer and set out a
line 4 recommended priority list of research components to be addressed
line 5 in the upcoming fiscal year.
line 6 (e) Notwithstanding Section 13340 of the Government Code,
line 7 the balance of the revenues deposited in the Road Maintenance
line 8 and Rehabilitation Account are hereby continuously appropriated
line 9 as follows:
line 10 (1) Fifty percent for allocation to the department for maintenance
line 11 of the state highway system or for purposes of the state highway
line 12 operation and protection program.
line 13 (2) Fifty percent for apportionment to cities and counties by the
line 14 Controller pursuant to the formula in clauses (i) and (ii) of
line 15 subparagraph (C) of paragraph (3) of subdivision (a) of Section
line 16 2103 for the purposes authorized by this chapter.
line 17 2033. (a) On or before July 1, 2017, the commission, in
line 18 cooperation with the department, transportation planning agencies,
line 19 county transportation commissions, and other local agencies, shall
line 20 develop guidelines for the allocation of funds pursuant to
line 21 subdivision (a) of Section 2032.
line 22 (b) The guidelines shall be the complete and full statement of
line 23 the policy, standards, and criteria that the commission intends to
line 24 use to determine how these funds will be allocated.
line 25 (c) The commission may amend the adopted guidelines after
line 26 conducting at least one public hearing.
line 27 2034. (a) (1) Prior to receiving an apportionment of funds
line 28 under the program pursuant to paragraph (2) of subdivision (e) of
line 29 Section 2032 from the Controller in a fiscal year, an eligible city
line 30 or county shall submit to the commission a list of projects proposed
line 31 to be funded with these funds pursuant to an adopted city or county
line 32 budget. All projects proposed to receive funding shall be included
line 33 in a city or county budget that is adopted by the applicable city
line 34 council or county board of supervisors at a regular public meeting.
line 35 The list of projects proposed to be funded with these funds shall
line 36 include a description and the location of each proposed project, a
line 37 proposed schedule for the project’s completion, and the estimated
line 38 useful life of the improvement. The project list shall not limit the
line 39 flexibility of an eligible city or county to fund projects in
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line 1 accordance with local needs and priorities so long as the projects
line 2 are consistent with subdivision (b) of Section 2030.
line 3 (2) The commission shall report to the Controller the cities and
line 4 counties that have submitted a list of projects as described in this
line 5 subdivision and that are therefore eligible to receive an
line 6 apportionment of funds under the program for the applicable fiscal
line 7 year. The Controller, upon receipt of the report, shall apportion
line 8 funds to eligible cities and counties.
line 9 (b) For each fiscal year, each city or county receiving an
line 10 apportionment of funds shall, upon expending program funds,
line 11 submit documentation to the commission that includes a description
line 12 and location of each completed project, the amount of funds
line 13 expended on the project, the completion date, and the estimated
line 14 useful life of the improvement.
line 15 2036. (a) Cities and counties shall maintain their existing
line 16 commitment of local funds for street, road, and highway purposes
line 17 in order to remain eligible for an allocation or apportionment of
line 18 funds pursuant to Section 2032.
line 19 (b) In order to receive an allocation or apportionment pursuant
line 20 to Section 2032, the city or county shall annually expend from its
line 21 general fund for street, road, and highway purposes an amount not
line 22 less than the annual average of its expenditures from its general
line 23 fund during the 2009–10, 2010–11, and 2011–12 fiscal years, as
line 24 reported to the Controller pursuant to Section 2151. For purposes
line 25 of this subdivision, in calculating a city’s or county’s annual
line 26 general fund expenditures and its average general fund expenditures
line 27 for the 2009–10, 2010–11, and 2011–12 fiscal years, any
line 28 unrestricted funds that the city or county may expend at its
line 29 discretion, including vehicle in-lieu tax revenues and revenues
line 30 from fines and forfeitures, expended for street, road, and highway
line 31 purposes shall be considered expenditures from the general fund.
line 32 One-time allocations that have been expended for street and
line 33 highway purposes, but which may not be available on an ongoing
line 34 basis, including revenue provided under the Teeter Plan Bond Law
line 35 of 1994 (Chapter 6.6 (commencing with Section 54773) of Part 1
line 36 of Division 2 of Title 5 of the Government Code), may not be
line 37 considered when calculating a city’s or county’s annual general
line 38 fund expenditures.
line 39 (c) For any city incorporated after July 1, 2009, the Controller
line 40 shall calculate an annual average expenditure for the period
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line 1 between July 1, 2009, and December 31, 2015, inclusive, that the
line 2 city was incorporated.
line 3 (d) For purposes of subdivision (b), the Controller may request
line 4 fiscal data from cities and counties in addition to data provided
line 5 pursuant to Section 2151, for the 2009–10, 2010–11, and 2011–12
line 6 fiscal years. Each city and county shall furnish the data to the
line 7 Controller not later than 120 days after receiving the request. The
line 8 Controller may withhold payment to cities and counties that do
line 9 not comply with the request for information or that provide
line 10 incomplete data.
line 11 (e) The Controller may perform audits to ensure compliance
line 12 with subdivision (b) when deemed necessary. Any city or county
line 13 that has not complied with subdivision (b) shall reimburse the state
line 14 for the funds it received during that fiscal year. Any funds withheld
line 15 or returned as a result of a failure to comply with subdivision (b)
line 16 shall be reapportioned to the other cities and counties whose
line 17 expenditures are in compliance.
line 18 (f) If a city or county fails to comply with the requirements of
line 19 subdivision (b) in a particular fiscal year, the city or county may
line 20 expend during that fiscal year and the following fiscal year a total
line 21 amount that is not less than the total amount required to be
line 22 expended for those fiscal years for purposes of complying with
line 23 subdivision (b).
line 24 2037. A city or county may spend its apportionment of funds
line 25 under the program on transportation priorities other than those
line 26 allowable pursuant to this chapter if the city’s or county’s average
line 27 Pavement Condition Index meets or exceeds 80.
line 28 2038. (a) The department and local agencies, as a condition
line 29 of receiving funds from the program, shall adopt and implement
line 30 a program designed to promote and advance construction
line 31 employment and training opportunities through preapprenticeship
line 32 opportunities, either by the public agency itself or through
line 33 contractors engaged by the public agencies to do work funded in
line 34 whole or in part by funds made available by the program.
line 35 (b) The department and local agencies, as a condition of
line 36 receiving funds from the program, shall ensure the involvement
line 37 of the California Conservation Corps and certified community
line 38 conservation corps in the delivery of projects and services funded
line 39 in whole or in part by funds made available by the program.
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line 1 SEC. 26. Section 2103.1 is added to the Streets and Highways
line 2 Code, to read:
line 3 2103.1. (a) Notwithstanding Section 2103, the revenues
line 4 transferred to the Highway Users Tax Account pursuant to Sections
line 5 8352.4, 8352.5, and 8352.6 of the Revenue and Taxation Code
line 6 shall be distributed pursuant to the formula in paragraph (3) of
line 7 subdivision (a) of Section 2103.
line 8 (b) Notwithstanding subdivision (b) of Section 2103, the portion
line 9 of revenues in the Highway Users Tax Account attributable to the
line 10 increase in the motor vehicle fuel excise tax pursuant to
line 11 subparagraph (B) of paragraph (1) of subdivision (a) of Section
line 12 7360 of the Revenue and Taxation Code, as adjusted pursuant to
line 13 subdivision (c) of that section, shall be transferred to the Road
line 14 Maintenance and Rehabilitation Account pursuant to Section 2031.
line 15 (c) Notwithstanding subdivision (b) of Section 2103, the portion
line 16 of revenues in the Highway Users Tax Account attributable to the
line 17 increase in the diesel fuel excise tax pursuant to subdivision (b)
line 18 of Section 60050 of the Revenue and Taxation Code, as adjusted
line 19 pursuant to subdivision (c) of that section, shall be transferred to
line 20 the Trade Corridors Improvement Fund pursuant to Section 2192.4.
line 21 SEC. 27. Section 2192 of the Streets and Highways Code is
line 22 amended to read:
line 23 2192. (a) (1) The Trade Corridors Improvement Fund, created
line 24 pursuant to subdivision (c) of Section 8879.23 of the Government
line 25 Code, is hereby continued in existence to receive revenues from
line 26 state sources other than the Highway Safety, Traffic Reduction,
line 27 Air Quality, and Port Security Bond Act of 2006. This chapter
line 28 shall govern expenditure of those other revenues.
line 29 (2) Revenues apportioned to the state under Section 167 of Title
line 30 23 of the United States Code from the national highway freight
line 31 program, pursuant to the federal Fixing America’s Surface
line 32 Transportation Act (“FAST Act,” Public Law 114-94) shall be
line 33 allocated for projects approved pursuant to this chapter.
line 34 (b) This chapter shall govern the expenditure of those state and
line 35 federal revenues described in subdivision (a).
line 36 (b)
line 37 (c) The moneys funding described in the fund from those other
line 38 sources subdivision (a) shall be available upon appropriation for
line 39 allocation by the California Transportation Commission for
line 40 infrastructure improvements in this state on federally designated
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line 1 Trade Corridors of National and Regional Significance, on the
line 2 Primary Freight Network, and along other corridors that have a
line 3 high volume of freight movement, as determined by the
line 4 commission. In determining the projects eligible for funding, the
line 5 commission shall consult the Transportation Agency’s state freight
line 6 plan as described in Section 13978.8 of the Government Code, the
line 7 State Air Resources Board’s Sustainable Freight Strategy adopted
line 8 by Resolution 14-2, Code and the trade infrastructure and goods
line 9 movement plan submitted to the commission by the Secretary of
line 10 Transportation and the Secretary for Environmental Protection.
line 11 California Sustainable Freight Action Plan released in July 2016
line 12 pursuant to Executive Order B-32-15. The commission shall also
line 13 consult trade infrastructure and goods movement plans adopted
line 14 by regional transportation planning agencies, adopted regional
line 15 transportation plans required by state and federal law, and the
line 16 statewide applicable port master plan prepared by the California
line 17 Marine and Intermodal Transportation System Advisory Council
line 18 (Cal-MITSAC) pursuant to Section 1730 of the Harbors and
line 19 Navigation Code, when determining eligible projects for funding.
line 20 Eligible projects for these funds funding described in subdivision
line 21 (a) shall further the state’s economic, environmental, and public
line 22 health objectives and goals for freight policy, as articulated in the
line 23 plans to be consulted pursuant to this subdivision, and may include,
line 24 but are not limited to, all of the following:
line 25 (1) Highway capacity improvements, rail landside access
line 26 improvements, landside freight access improvements to airports,
line 27 and operational improvements to more efficiently accommodate
line 28 the movement of freight, particularly for ingress and egress to and
line 29 from the state’s land ports of entry entry, rail terminals, and
line 30 seaports, including navigable inland waterways used to transport
line 31 freight between seaports, land ports of entry, and airports, and to
line 32 relieve traffic congestion along major trade or goods movement
line 33 corridors.
line 34 (2) Freight rail system improvements to enhance the ability to
line 35 move goods from seaports, land ports of entry, and airports to
line 36 warehousing and distribution centers throughout California,
line 37 including projects that separate rail lines from highway or local
line 38 road traffic, improve freight rail mobility through mountainous
line 39 regions, relocate rail switching yards, and other projects that
line 40 improve the efficiency and capacity of the rail freight system.
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line 1 (3) Projects to enhance the capacity and efficiency of ports.
line 2 (4) Truck corridor and capital and operational improvements,
line 3 including dedicated truck facilities or truck toll facilities.
line 4 (5) Border access capital and operational improvements that
line 5 enhance goods movement between California and Mexico and that
line 6 maximize the state’s ability to access coordinated border
line 7 infrastructure funds made available to the state by federal law.
line 8 (6) Surface transportation and connector road improvements to
line 9 effectively facilitate the movement of goods, particularly for
line 10 ingress and egress to and from the state’s land ports of entry,
line 11 airports, and seaports, to relieve traffic congestion along major
line 12 trade or goods movement corridors.
line 13 (c)
line 14 (d) (1) The In selecting projects for inclusion in the program
line 15 of projects to be funded with funds described in subdivision (a),
line 16 the commission shall allocate funds for trade infrastructure
line 17 improvements from the fund evaluate the total potential costs and
line 18 total potential economic and noneconomic benefits of the program
line 19 to California’s economy, environment, and public health. The
line 20 commission shall consult with the State Air Resources Board in
line 21 order to utilize the appropriate models, techniques, and methods
line 22 to develop the parameters for evaluation of projects. The
line 23 commission shall allocate the funding described in subdivision (a)
line 24 for trade infrastructure improvements consistent with Section
line 25 8879.52 of the Government Code and the Trade Corridors
line 26 Improvement Fund (TCIF) Guidelines adopted by the commission
line 27 on November 27, 2007, or as amended by the commission, and in
line 28 a manner that (A) addresses the state’s most urgent needs, (B)
line 29 balances the demands of various land ports of entry, seaports, and
line 30 airports, (C) provides reasonable geographic balance between the
line 31 state’s regions, and (D) places emphasis on projects that improve
line 32 trade corridor mobility and safety while reducing emissions of
line 33 diesel particulate particulates, greenhouse gases, and other
line 34 pollutant emissions. pollutants, and reducing other negative
line 35 community impacts, and (E) makes a significant contribution to
line 36 the state’s economy.
line 37 (2) In adopting amended guidelines, and developing and
line 38 adopting the program of projects, the commission shall do all of
line 39 the following:
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line 1 (A) Accept nominations for projects to be included in the
line 2 program of projects from regional and local transportation
line 3 agencies and the Department of Transportation.
line 4 (B) Recognize the key role of the state in project identification
line 5 and support integrating statewide goods movement priorities into
line 6 the corridor approach.
line 7 (C) Make a finding that adoption and delivery of the program
line 8 of projects is in the public interest.
line 9 (2)
line 10 (3) In addition, the commission shall also consider the following
line 11 factors when allocating these funds:
line 12 (A) “Velocity,” which means the speed by which large cargo
line 13 would travel from the land port of entry or seaport through the
line 14 distribution system.
line 15 (B) “Throughput,” which means the volume of cargo that would
line 16 move from the land port of entry or seaport through the distribution
line 17 system.
line 18 (C) “Reliability,” which means a reasonably consistent and
line 19 predictable amount of time for cargo to travel from one point to
line 20 another on any given day or at any given time in California.
line 21 (D) “Congestion reduction,” which means the reduction in
line 22 recurrent daily hours of delay to be achieved.
line 23 SEC. 28. Section 2192.1 of the Streets and Highways Code is
line 24 amended to read:
line 25 2192.1. (a) To the extent moneys from the Greenhouse Gas
line 26 Reduction Fund, attributable to the auction or sale of allowances
line 27 as part of a market-based compliance mechanism relative to
line 28 reduction of greenhouse gas emissions, are transferred to the Trade
line 29 Corridors Improvement Fund, projects funded with those moneys
line 30 shall be subject to all of the requirements of existing law applicable
line 31 to the expenditure of moneys appropriated from the Greenhouse
line 32 Gas Reduction Fund, including, but not limited to, both all of the
line 33 following:
line 34 (1) Projects shall further the regulatory purposes of the
line 35 California Global Warming Solutions Act of 2006 (Division 25.5
line 36 (commencing with Section 38500) of the Health and Safety Code),
line 37 including reducing emissions from greenhouse gases in the state,
line 38 directing public and private investment toward disadvantaged
line 39 communities, increasing the diversity of energy sources, or creating
line 40 opportunities for businesses, public agencies, nonprofits, and other
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line 1 community institutions to participate in and benefit from statewide
line 2 efforts to reduce emissions of greenhouse gases.
line 3 (2) Projects shall be consistent with the guidance developed by
line 4 the State Air Resources Board pursuant to Section 39715 of the
line 5 Health and Safety Code.
line 6 (3) Projects shall be consistent with the required benefits to
line 7 disadvantaged communities pursuant to Section 39713 of the
line 8 Health and Safety Code.
line 9 (b) All allocations of funds made by the commission pursuant
line 10 to this section shall be made in a manner consistent with the criteria
line 11 expressed in Section 39712 of the Health and Safety Code and
line 12 with the investment plan developed by the Department of Finance
line 13 pursuant to Section 39716 of the Health and Safety Code.
line 14 (c) For purposes of this section, “disadvantaged community”
line 15 means a community with any of the following characteristics:
line 16 (1) An area with a median household income less than 80
line 17 percent of the statewide median household income based on the
line 18 most current census tract-level data from the American Community
line 19 Survey.
line 20 (2) An area identified by the California Environmental
line 21 Protection Agency pursuant to Section 39711 of the Health and
line 22 Safety Code.
line 23 (3) An area where at least 75 percent of public school students
line 24 are eligible to receive free or reduced-price meals under the
line 25 National School Lunch Program.
line 26 SEC. 29. Section 2192.2 of the Streets and Highways Code is
line 27 amended to read:
line 28 2192.2. The commission shall allocate funds made available
line 29 by this chapter to projects that have identified and committed
line 30 supplemental funding from appropriate local, federal, or private
line 31 sources. The commission shall determine the appropriate amount
line 32 of supplemental funding each project should have to be eligible
line 33 for moneys from the fund based on a project-by-project review
line 34 and an assessment of the project’s benefit to the state and the
line 35 program. Except for border access Funded improvements described
line 36 in paragraph (5) of subdivision (b) of Section 2192, improvements
line 37 funded with moneys from the fund shall have supplemental funding
line 38 that is at least equal to the amount of the contribution from the
line 39 fund. under this chapter. The commission may give priority for
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line 1 funding to projects with higher levels of committed supplemental
line 2 funding.
line 3 SEC. 30. Section 2192.4 is added to the Streets and Highways
line 4 Code, to read:
line 5 2192.4. The portion of the revenues in the Highway Users Tax
line 6 Account attributable to the increase in the diesel fuel excise tax
line 7 pursuant to subdivision (b) of Section 60050 of the Revenue and
line 8 Taxation Code, as adjusted pursuant to subdivision (c) of that
line 9 section, shall be transferred to the Trade Corridors Improvement
line 10 Fund.
line 11 SEC. 31. Section 9250.3 is added to the Vehicle Code, to read:
line 12 9250.3. (a) In addition to any other fees specified in this code
line 13 or the Revenue and Taxation Code, commencing July 1, 2017, a
line 14 registration fee of thirty-eight dollars ($38) shall be paid to the
line 15 department for registration or renewal of registration of every
line 16 vehicle subject to registration under this code, except those vehicles
line 17 that are expressly exempted under this code from payment of
line 18 registration fees.
line 19 (b) Beginning July 1, 2019, and every third year thereafter, the
line 20 Department of Motor Vehicles shall adjust the fee imposed under
line 21 this section for inflation in an amount equal to the change in the
line 22 California Consumer Price Index for the prior three-year period,
line 23 as calculated by the Department of Finance, with amounts equal
line 24 to or greater than fifty cents ($0.50) rounded to the next highest
line 25 whole dollar.
line 26 (c) Revenues from the fee, after the deduction of the
line 27 department’s administrative costs related to this section, shall be
line 28 deposited in the Road Maintenance and Rehabilitation Account
line 29 created pursuant to Section 2031 of the Streets and Highways
line 30 Code.
line 31 SEC. 32. Section 9250.6 is added to the Vehicle Code, to read:
line 32 9250.6. (a) In addition to any other fees specified in this code,
line 33 or the Revenue and Taxation Code, commencing July 1, 2017, a
line 34 registration fee of one hundred and sixty-five dollars ($165) shall
line 35 be paid to the department for registration or renewal of registration
line 36 of every zero-emission motor vehicle subject to registration under
line 37 this code, except those motor vehicles that are expressly exempted
line 38 under this code from payment of registration fees.
line 39 (b) Beginning July 1, 2019, and every third year thereafter, the
line 40 Department of Motor Vehicles shall adjust the fee imposed under
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line 1 this section for inflation in an amount equal to the change in the
line 2 California Consumer Price Index for the prior three-year period,
line 3 as calculated by the Department of Finance, with amounts equal
line 4 to or greater than fifty cents ($0.50) rounded to the next highest
line 5 whole dollar.
line 6 (c) Revenues from the fee, after deduction of the department’s
line 7 administrative costs related to this section, shall be deposited in
line 8 the Road Maintenance and Rehabilitation Account created pursuant
line 9 to Section 2031 of the Streets and Highways Code.
line 10 (d) This section does not apply to a commercial motor vehicle
line 11 subject to Section 9400.1 or to a low-speed vehicle, as defined in
line 12 Section 385.5.
line 13 (e) The registration fee required pursuant to this section does
line 14 not apply to the initial registration after the purchase of a new
line 15 zero-emission motor vehicle.
line 16 (f) For purposes of this section, “zero-emission motor vehicle”
line 17 means a motor vehicle as described in subdivisions (c) and (d) of
line 18 Section 44258 of the Health and Safety Code.
line 19 SEC. 33. Section 9400.5 is added to the Vehicle Code, to read:
line 20 9400.5. (a) Notwithstanding Sections 9400.1, 9400.4, and
line 21 42205 of this code, Sections 16773 and 16965 of the Government
line 22 Code, Section 2103 of the Streets and Highways Code, or any
line 23 other law, weight fee revenues shall only be transferred consistent
line 24 with the schedule provided in subdivision (b) from the State
line 25 Highway Account to the Transportation Debt Service Fund, the
line 26 Transportation Bond Direct Payment Account, or any other fund
line 27 or account for the purpose of payment of the debt service on
line 28 transportation general obligation bonds and shall not be loaned to
line 29 the General Fund.
line 30 (b) (1) The transfer of weight fee revenues, after deduction of
line 31 collection costs, from the State Highway Account pursuant to
line 32 subdivision (a) shall not exceed:
line 33 (A) Nine hundred million dollars ($900,000,000) in the 2017–18
line 34 fiscal year.
line 35 (B) Eight hundred million dollars ($800,000,000) in the 2018–19
line 36 fiscal year.
line 37 (C) Seven hundred million dollars ($700,000,000) in the
line 38 2019–20 fiscal year.
line 39 (D) Six hundred million dollars ($600,000,000) in the 2020–21
line 40 fiscal year.
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line 1 (E) Five hundred million dollars ($500,000,000) in the 2021-22
line 2 fiscal year and in every fiscal year thereafter.
line 3 SEC. 34. This act is an urgency statute necessary for the
line 4 immediate preservation of the public peace, health, or safety within
line 5 the meaning of Article IV of the Constitution and shall go into
line 6 immediate effect. The facts constituting the necessity are:
line 7 In order to provide additional funding for road maintenance and
line 8 rehabilitation purposes as quickly as possible, it is necessary for
line 9 this act to take effect immediately.
O
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SENATE BILL No. 1
Introduced by Senator Beall
(Coauthors: Senators Dodd, Hertzberg, Hill, McGuire, Mendoza,
Monning, Wieckowski, and Wiener)
December 5, 2016
An act to amend Sections 13975, 14500, 14526.5, and 16965 of, to
add Sections 14033, 14110, 14526.7, and 16321 to, to add Part 5.1
(commencing with Section 14460) to Division 3 of Title 2 of, and to
repeal Section 14534.1 of, the Government Code, to amend Section
39719 of the Health and Safety Code, to amend Section 21080.37 of,
and to add Division 13.6 (commencing with Section 21200) to, the
Public Resources Code, to amend Section 99312.1 of the Public Utilities
Code, to amend Sections 6051.8, 6201.8, 7360, 8352.4, 8352.5, 8352.6,
and 60050 of the Revenue and Taxation Code, to amend Sections 183.1,
2192, and 2192.2 of, to add Sections 820.1, 2103.1 and 2192.4 to, and
to add Chapter 2 (commencing with Section 2030) to Division 3 of, the
Streets and Highways Code, and to add Sections 9250.3, 9250.6, and
9400.5 to the Vehicle Code, relating to transportation, making an
appropriation therefor, and declaring the urgency thereof, to take effect
immediately.
legislative counsel’s digest
SB 1, as introduced, Beall. Transportation funding.
(1) Existing law provides various sources of funding for transportation
purposes, including funding for the state highway system and the local
street and road system. These funding sources include, among others,
fuel excise taxes, commercial vehicle weight fees, local transactions
and use taxes, and federal funds. Existing law imposes certain
registration fees on vehicles, with revenues from these fees deposited
in the Motor Vehicle Account and used to fund the Department of Motor
Corrected 12-6-16—See last page.99
194
Vehicles and the Department of the California Highway Patrol. Existing
law provides for the monthly transfer of excess balances in the Motor
Vehicle Account to the State Highway Account.
This bill would create the Road Maintenance and Rehabilitation
Program to address deferred maintenance on the state highway system
and the local street and road system. The bill would require the
California Transportation Commission to adopt performance criteria,
consistent with a specified asset management plan, to ensure efficient
use of certain funds available for the program. The bill would provide
for the deposit of various funds for the program in the Road Maintenance
and Rehabilitation Account, which the bill would create in the State
Transportation Fund, including revenues attributable to a $0.12 per
gallon increase, phased in over 3 years, in the motor vehicle fuel
(gasoline) tax imposed by the bill with an inflation adjustment, as
provided, an increase of $38 in the annual vehicle registration fee with
an inflation adjustment, as provided, a new $100 annual vehicle
registration fee with an inflation adjustment, as provided, applicable to
zero-emission motor vehicles, as defined, and certain miscellaneous
revenues described in (7) below that are not restricted as to expenditure
by Article XIX of the California Constitution.
This bill would annually set aside $200,000,000 of the funds available
for the program to fund road maintenance and rehabilitation purposes
in counties that have sought and received voter approval of taxes or
that have imposed fees, including uniform developer fees, as defined,
which taxes or fees are dedicated solely to transportation improvements.
These funds would be continuously appropriated for allocation pursuant
to guidelines to be developed by the California Transportation
Commission in consultation with local agencies. The bill would require
$80,000,000 of the funds available for the program to be annually
transferred to the State Highway Account for expenditure on the Active
Transportation Program. The bill would require $30,000,000 of the
funds available for the program in each of 4 fiscal years beginning in
2017–18 to be transferred to the Advance Mitigation Fund created by
the bill pursuant to (12) below. The bill would continuously appropriate
$2,000,000 annually of the funds available for the program to the
California State University for the purpose of conducting transportation
research and transportation-related workforce education, training, and
development. The bill would require the remaining funds available for
the program to be allocated 50% for maintenance of the state highway
system or to the state highway operation and protection program and
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50% to cities and counties pursuant to a specified formula. The bill
would impose various requirements on the department and agencies
receiving these funds. The bill would authorize a city or county to spend
its apportionment of funds under the program on transportation priorities
other than those allowable pursuant to the program if the city’s or
county’s average Pavement Condition Index meets or exceeds 80.
The bill would also require the department to annually identify savings
achieved through efficiencies implemented at the department and to
propose, from the identified savings, an appropriation to be included
in the annual Budget Act of up to $70,000,000 from the State Highway
Account for expenditure on the Active Transportation Program.
(2) Existing law establishes in state government the Transportation
Agency, which includes various departments and state entities, including
the California Transportation Commission. Existing law vests the
California Transportation Commission with specified powers, duties,
and functions relative to transportation matters. Existing law requires
the commission to retain independent authority to perform the duties
and functions prescribed to it under any provision of law.
This bill would exclude the California Transportation Commission
from the Transportation Agency, establish it as an entity in state
government, and require it to act in an independent oversight role. The
bill would also make conforming changes.
(3) Existing law creates various state agencies, including the
Department of Transportation, the High-Speed Rail Authority, the
Department of the California Highway Patrol, the Department of Motor
Vehicles, and the State Air Resources Board, with specified powers
and duties. Existing law provides for the allocation of state transportation
funds to various transportation purposes.
This bill would create the Office of the Transportation Inspector
General in state government, as an independent office that would not
be a subdivision of any other government entity, to ensure that all of
the above-referenced state agencies and all other state agencies
expending state transportation funds are operating efficiently,
effectively, and in compliance with federal and state laws. The bill
would provide for the Governor to appoint the Transportation Inspector
General for a 6-year term, subject to confirmation by the Senate, and
would provide that the Transportation Inspector General may not be
removed from office during the term except for good cause. The bill
would specify the duties and responsibilities of the Transportation
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Inspector General and would require an annual report to the Legislature
and Governor.
This bill would require the department to update the Highway Design
Manual to incorporate the “complete streets” design concept by January
1, 2018. The bill would require the department to develop a plan by
January 1, 2020, to increase by 100% the dollar value of contracts
awarded to small businesses, disadvantaged business enterprises, and
disabled veteran business enterprises.
(4) Existing law provides for loans of revenues from various
transportation funds and accounts to the General Fund, with various
repayment dates specified.
This bill would require the Department of Finance, on or before March
1, 2017, to compute the amount of outstanding loans made from
specified transportation funds. The bill would require the Department
of Transportation to prepare a loan repayment schedule and would
require the outstanding loans to be repaid pursuant to that schedule, as
prescribed. The bill would appropriate funds for that purpose from the
Budget Stabilization Account. The bill would require the repaid funds
to be transferred, pursuant to a specified formula, to cities and counties
and to the department for maintenance of the state highway system and
for purposes of the state highway operation and protection program.
(5) The Highway Safety, Traffic Reduction, Air Quality, and Port
Security Bond Act of 2006 (Proposition 1B) created the Trade Corridors
Improvement Fund and provided for allocation by the California
Transportation Commission of $2 billion in bond funds for infrastructure
improvements on highway and rail corridors that have a high volume
of freight movement and for specified categories of projects eligible to
receive these funds. Existing law continues the Trade Corridors
Improvement Fund in existence in order to receive revenues from
sources other than the bond act for these purposes.
This bill would deposit the revenues attributable to a $0.20 per gallon
increase in the diesel fuel excise tax imposed by the bill into the Trade
Corridors Improvement Fund. The bill would require revenues
apportioned to the state from the national highway freight program
established by the federal Fixing America’s Surface Transportation Act
to be allocated for trade corridor improvement projects approved
pursuant to these provisions.
Existing law requires the commission, in determining projects eligible
for funding, to consult various state freight and regional infrastructure
and goods movement plans and the statewide port master plan.
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This bill would revise the list of plans to be consulted by the
commission in prioritizing projects for funding. The bill would also
expand eligible projects to include, among others, rail landside access
improvements, landside freight access improvements to airports, and
certain capital and operational improvements. The bill would identify
specific amounts to be allocated from available federal funds to certain
categories of projects.
(6) Existing law requires all moneys, except for fines and penalties,
collected by the State Air Resources Board from the auction or sale of
allowances as part of a market-based compliance mechanism relative
to reduction of greenhouse gas emissions to be deposited in the
Greenhouse Gas Reduction Fund. Existing law continuously appropriates
10% of the annual proceeds of the fund to the Transit and Intercity Rail
Capital Program and 5% of the annual proceeds of the fund to the Low
Carbon Transit Operations Program.
This bill would, beginning in the 2017-18 fiscal year, instead
continuously appropriate 20% of those annual proceeds to the Transit
and Intercity Rail Capital Program and 10% of those annual proceeds
to the Low Carbon Transit Operations Program, thereby making an
appropriation.
(7) Article XIX of the California Constitution restricts the expenditure
of revenues from taxes imposed by the state on fuels used in motor
vehicles upon public streets and highways to street and highway and
certain mass transit purposes. Existing law requires certain
miscellaneous revenues deposited in the State Highway Account that
are not restricted as to expenditure by Article XIX of the California
Constitution to be transferred to the Transportation Debt Service Fund
in the State Transportation Fund, as specified, and requires the Controller
to transfer from the fund to the General Fund an amount of those
revenues necessary to offset the current year debt service made from
the General Fund on general obligation transportation bonds issued
pursuant to Proposition 116 of 1990.
This bill would delete the transfer of these miscellaneous revenues
to the Transportation Debt Service Fund, thereby eliminating the
offsetting transfer to the General Fund for debt service on general
obligation transportation bonds issued pursuant to Proposition 116 of
1990. The bill, subject to a specified exception, would instead require
the miscellaneous revenues to be retained in the State Highway Account
and to be deposited in the Road Maintenance and Rehabilitation
Account.
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(8) Article XIX of the California Constitution requires gasoline excise
tax revenues from motor vehicles traveling upon public streets and
highways to be deposited in the Highway Users Tax Account, for
allocation to city, county, and state transportation purposes. Existing
law generally provides for statutory allocation of gasoline excise tax
revenues attributable to other modes of transportation, including
aviation, boats, agricultural vehicles, and off-highway vehicles, to
particular accounts and funds for expenditure on purposes associated
with those other modes, except that a specified portion of these gasoline
excise tax revenues is deposited in the General Fund. Expenditure of
the gasoline excise tax revenues attributable to those other modes is not
restricted by Article XIX of the California Constitution.
This bill, commencing July 1, 2017, would instead transfer to the
Highway Users Tax Account for allocation to state and local
transportation purposes under a specified formula the portion of gasoline
excise tax revenues currently being deposited in the General Fund that
are attributable to boats, agricultural vehicles, and off-highway vehicles.
Because that account is continuously appropriated, the bill would make
an appropriation. The bill, commencing July 1, 2017, would transfer,
to the Road Maintenance and Rehabilitation Account, the portion of
gasoline excise tax revenues attributable to these uses that would be
derived from increases in the gasoline excise tax rate described in (1)
above.
(9) Existing law, as of July 1, 2011, increases the sales and use tax
on diesel and decreases the excise tax, as provided. Existing law requires
the State Board of Equalization to annually modify both the gasoline
and diesel excise tax rates on a going-forward basis so that the various
changes in the taxes imposed on gasoline and diesel are revenue neutral.
This bill would eliminate the annual rate adjustment to maintain
revenue neutrality for the gasoline and diesel excise tax rates and would
reimpose the higher gasoline excise tax rate that was in effect on July
1, 2010, in addition to the increase in the rate described in (1) above.
Existing law, beyond the sales and use tax rate generally applicable,
imposes an additional sales and use tax on diesel fuel at the rate of
1.75%, subject to certain exemptions, and provides for the net revenues
collected from the additional tax to be transferred to the Public
Transportation Account. Existing law continuously appropriates these
and other revenues in the account to the Controller for allocation by
formula to transportation agencies for public transit purposes under the
State Transit Assistance Program. Existing law provides for
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appropriation of other revenues in the account to the Department of
Transportation for various other transportation purposes, including
intercity rail purposes.
This bill would increase the additional sales and use tax rate on diesel
fuel by an additional 4%. The bill would restrict expenditures of
revenues attributable to the 3.5% rate increase to transit capital purposes
and certain transit services and would require a recipient transit agency
to comply with certain requirements, including submitting a list of
proposed projects to the Department of Transportation, as a condition
of receiving a portion of these funds under the State Transit Assistance
Program. The bill would require an existing required audit of transit
operator finances to verify that these new revenues have been expended
in conformance with these specific restrictions and all other generally
applicable requirements. By increasing the amount of revenues in the
Public Transportation Account that are continuously appropriated, the
bill would thereby make an appropriation. The bill would require the
revenues attributable to the remaining 0.5% rate increase to be allocated,
upon appropriation, to the department for intercity rail and commuter
rail purposes.
This bill would, beginning July 1, 2020, and every 3rd year thereafter,
require the State Board of Equalization to recompute the gasoline and
diesel excise tax rates and the additional sales and use tax rate on diesel
fuel based upon the percentage change in the California Consumer Price
Index transmitted to the board by the Department of Finance, as
prescribed.
(10) Existing law requires the Department of Transportation to
prepare a state highway operation and protection program every other
year for the expenditure of transportation capital improvement funds
for projects that are necessary to preserve and protect the state highway
system, excluding projects that add new traffic lanes. The program is
required to be based on an asset management plan, as specified. Existing
law requires the department to specify, for each project in the program
the capital and support budget and projected delivery date for various
components of the project. Existing law provides for the California
Transportation Commission to review and adopt the program, and
authorizes the commission to decline and adopt the program if it
determines that the program is not sufficiently consistent with the asset
management plan.
This bill would require the commission, as part of its review of the
program, to hold at least one hearing in northern California and one
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hearing in southern California regarding the proposed program. The
bill would require the department to submit any change to a programmed
project as an amendment to the commission for its approval.
This bill, on and after August 1, 2017, would also require the
commission to make an allocation of all capital and support costs for
each project in the program, and would require the department to submit
a supplemental project allocation request to the commission for each
project that experiences cost increases above the amounts in its
allocation. The bill would require the commission to establish guidelines
to provide exceptions to the requirement for a supplemental project
allocation requirement that the commission determines are necessary
to ensure that projects are not unnecessarily delayed.
(11) Existing law imposes weight fees on the registration of
commercial motor vehicles and provides for the deposit of net weight
fee revenues into the State Highway Account. Existing law provides
for the transfer of certain weight fee revenues from the State Highway
Account to the Transportation Debt Service Fund to reimburse the
General Fund for payment of debt service on general obligation bonds
issued for transportation purposes. Existing law also provides for the
transfer of certain weight fee revenues to the Transportation Bond Direct
Payment Account for direct payment of debt service on designated
bonds, which are defined to be certain transportation general obligation
bonds issued pursuant to Proposition 1B of 2006. Existing law also
provides for loans of weight fee revenues to the General Fund to the
extent the revenues are not needed for bond debt service purposes, with
the loans to be repaid when the revenues are later needed for those
purposes, as specified.
This bill, notwithstanding these provisions or any other law, would
only authorize specified percentages of weight fee revenues to be
transferred from the State Highway Account to the Transportation Debt
Service Fund, the Transportation Bond Direct Payment Account, or
any other fund or account for the purpose of payment of the debt service
on transportation general obligation bonds in accordance with a
prescribed schedule, with no more than 50% of weight fee revenues to
be used for debt service purposes beginning with the 2021–22 fiscal
year. The bill would require the California Transportation Commission,
by January 1, 2018, to recommend a course of action to the Legislature
and Governor that would retain the remaining 50% share of weight fee
revenues in the State Highway Account or provide for the transfer of
those revenues to the Road Maintenance and Rehabilitation Account.
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The bill would also prohibit loans of weight fee revenues to the General
Fund.
(12) The California Environmental Quality Act (CEQA) requires a
lead agency, as defined, to prepare, or cause to be prepared, and certify
the completion of, an environmental impact report on a project that it
proposes to carry out or approve that may have a significant effect on
the environment or to adopt a negative declaration if it finds that the
project will not have that effect. CEQA also requires a lead agency to
prepare a mitigated negative declaration for a project that may have a
significant effect on the environment if revisions in the project would
avoid or mitigate that effect and there is no substantial evidence that
the project, as revised, would have a significant effect on the
environment.
CEQA, until January 1, 2020, exempts a project or an activity to
repair, maintain, or make minor alterations to an existing roadway, as
defined, other than a state roadway, if the project or activity is carried
out by a city or county with a population of less than 100,000 persons
to improve public safety and meets other specified requirements.
This bill would extend the above-referenced exemption indefinitely
and delete the limitation of the exemption to projects or activities in
cities and counties with a population of less than 100,000 persons. The
bill would also expand the exemption to include state roadways.
This bill would also establish the Advance Mitigation Program in the
Department of Transportation. The bill would authorize the department
to undertake specified mitigation measures in advance of construction
of planned transportation improvements. The bill would require the
department to establish a steering committee to advise the department
on advance mitigation measures and related matters. The bill would
create the Advance Mitigation Fund as a continuously appropriated
revolving fund, to be funded initially from the Road Maintenance and
Rehabilitation Program pursuant to (1) above. The bill would provide
for reimbursement of the revolving fund at the time a planned
transportation improvement benefiting from advance mitigation is
constructed.
(13) Existing federal law requires the United States Secretary of
Transportation to carry out a surface transportation project delivery
program, under which the participating states assume certain
responsibilities for environmental review and clearance of transportation
projects that would otherwise be the responsibility of the federal
government. Existing law, until January 1, 2017, when these provisions
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are repealed, provides that the State of California consents to the
jurisdiction of the federal courts with regard to the compliance,
discharge, or enforcement of the responsibilities the Department of
Transportation assumed as a participant in this program.
This bill would reenact these provisions.
(14) This bill would provide that the fuel tax increases imposed by
the bill would be effective on July 1, 2017. The bill would provide that
the vehicle fee increases imposed by the bill would be effective on
October 1, 2017.
(15) This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2⁄3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. The Legislature finds and declares all of the
line 2 following:
line 3 (a) Over the next 10 years, the state faces a $59 billion shortfall
line 4 to adequately maintain the existing state highway system in order
line 5 to keep it in a basic state of good repair.
line 6 (b) Similarly, cities and counties face a $78 billion shortfall
line 7 over the next decade to adequately maintain the existing network
line 8 of local streets and roads.
line 9 (c) Statewide taxes and fees dedicated to the maintenance of
line 10 the system have not been increased in more than 20 years, with
line 11 those revenues losing more than 55 percent of their purchasing
line 12 power, while costs to maintain the system have steadily increased
line 13 and much of the underlying infrastructure has aged past its expected
line 14 useful life.
line 15 (d) California motorists are spending $17 billion annually in
line 16 extra maintenance and car repair bills, which is more than $700
line 17 per driver, due to the state’s poorly maintained roads.
line 18 (e) Failing to act now to address this growing problem means
line 19 that more drastic measures will be required to maintain our system
line 20 in the future, essentially passing the burden on to future generations
line 21 instead of doing our job today.
line 22 (f) A funding program will help address a portion of the
line 23 maintenance backlog on the state’s road system and will stop the
line 24 growth of the problem.
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line 1 (g) Modestly increasing various fees can spread the cost of road
line 2 repairs broadly to all users and beneficiaries of the road network
line 3 without overburdening any one group.
line 4 (h) Improving the condition of the state’s road system will have
line 5 a positive impact on the economy as it lowers the transportation
line 6 costs of doing business, reduces congestion impacts for employees,
line 7 and protects property values in the state.
line 8 (i) The federal government estimates that increased spending
line 9 on infrastructure creates more than 13,000 jobs per $1 billion spent.
line 10 (j) Well-maintained roads benefit all users, not just drivers, as
line 11 roads are used for all modes of transport, whether motor vehicles,
line 12 transit, bicycles, or pedestrians.
line 13 (k) Well-maintained roads additionally provide significant health
line 14 benefits and prevent injuries and death due to crashes caused by
line 15 poorly maintained infrastructure.
line 16 (l) A comprehensive, reasonable transportation funding package
line 17 will do all of the following:
line 18 (1) Ensure these transportation needs are addressed.
line 19 (2) Fairly distribute the economic impact of increased funding.
line 20 (3) Restore the gas tax rate previously reduced by the State
line 21 Board of Equalization pursuant to the gas tax swap.
line 22 (4) Direct increased revenue to the state’s highest transportation
line 23 needs.
line 24 SEC. 2. Section 13975 of the Government Code is amended
line 25 to read:
line 26 13975. There is in the state government the Transportation
line 27 Agency. The agency consists of the Department of the California
line 28 Highway Patrol, the California Transportation Commission, the
line 29 Department of Motor Vehicles, the Department of Transportation,
line 30 the High-Speed Rail Authority, and the Board of Pilot
line 31 Commissioners for the Bays of San Francisco, San Pablo, and
line 32 Suisun.
line 33 SEC. 3. Section 14033 is added to the Government Code, to
line 34 read:
line 35 14033. On or before January 1, 2018, the department shall
line 36 update the Highway Design Manual to incorporate the “complete
line 37 streets” design concept.
line 38 SEC. 4. Section 14110 is added to the Government Code, to
line 39 read:
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line 1 14110. The department shall develop a plan by January 1, 2020,
line 2 to increase by 100 percent the dollar value of contracts awarded
line 3 to small businesses, disadvantaged business enterprises, and
line 4 disabled veteran business enterprises.
line 5 SEC. 5. Part 5.1 (commencing with Section 14460) is added
line 6 to Division 3 of Title 2 of the Government Code, to read:
line 7
line 8 PART 5.1. OFFICE OF THE TRANSPORTATION INSPECTOR
line 9 GENERAL
line 10
line 11 14460. (a) There is hereby created in state government the
line 12 independent Office of the Transportation Inspector General, which
line 13 shall not be a subdivision of any other governmental entity, to
line 14 ensure that the Department of Transportation, the High-Speed Rail
line 15 Authority, the Department of the California Highway Patrol, the
line 16 Department of Motor Vehicles, the State Air Resources Board,
line 17 and all other state agencies expending state transportation funds
line 18 are operating efficiently, effectively, and in compliance with
line 19 applicable federal and state laws.
line 20 (b) The Governor shall appoint, subject to confirmation by the
line 21 Senate, the Transportation Inspector General to a six-year term.
line 22 The Transportation Inspector General may not be removed from
line 23 office during that term, except for good cause. A finding of good
line 24 cause may include substantial neglect of duty, gross misconduct,
line 25 or conviction of a crime. The reasons for removal of the
line 26 Transportation Inspector General shall be stated in writing and
line 27 shall include the basis for removal. The writing shall be sent to
line 28 the Secretary of the Senate and the Chief Clerk of the Assembly
line 29 at the time of the removal and shall be deemed to be a public
line 30 document.
line 31 14461. The Transportation Inspector General shall review
line 32 policies, practices, and procedures and conduct audits and
line 33 investigations of activities involving state transportation funds in
line 34 consultation with all affected state agencies. Specifically, the
line 35 Transportation Inspector General’s duties and responsibilities shall
line 36 include, but not be limited to, all of the following:
line 37 (a) To examine the operating practices of all state agencies
line 38 expending state transportation funds to identify fraud and waste,
line 39 opportunities for efficiencies, and opportunities to improve the
line 40 data used to determine appropriate project resource allocations.
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line 1 (b) To identify best practices in the delivery of transportation
line 2 projects and develop policies or recommend proposed legislation
line 3 enabling state agencies to adopt these practices when practicable.
line 4 (c) To provide objective analysis of and, when possible, offer
line 5 solutions to concerns raised by the public or generated within
line 6 agencies involving the state’s transportation infrastructure and
line 7 project delivery methods.
line 8 (d) To conduct, supervise, and coordinate audits and
line 9 investigations relating to the programs and operations of all state
line 10 transportation agencies with state-funded transportation projects.
line 11 (e) To recommend policies promoting economy and efficiency
line 12 in the administration of programs and operations of all state
line 13 agencies with state-funded transportation projects.
line 14 (f) To ensure that the Secretary of Transportation and the
line 15 Legislature are fully and currently informed concerning fraud or
line 16 other serious abuses or deficiencies relating to the expenditure of
line 17 funds or administration of programs and operations.
line 18 14462. The Transportation Inspector General shall report at
line 19 least annually to the Governor and Legislature with a summary of
line 20 his or her findings, investigations, and audits. The summary shall
line 21 be posted on the Transportation Inspector General’s Internet Web
line 22 site and shall otherwise be made available to the public upon its
line 23 release to the Governor and Legislature. The summary shall
line 24 include, but need not be limited to, significant problems discovered
line 25 by the Transportation Inspector General and whether
line 26 recommendations of the Transportation Inspector General relative
line 27 to investigations and audits have been implemented by the affected
line 28 agencies. The report shall be submitted to the Legislature in
line 29 compliance with Section 9795.
line 30 SEC. 6. Section 14500 of the Government Code is amended
line 31 to read:
line 32 14500. There is in the Transportation Agency state government
line 33 a California Transportation Commission. The commission shall
line 34 act in an independent oversight role.
line 35 SEC. 7. Section 14526.5 of the Government Code is amended
line 36 to read:
line 37 14526.5. (a) Based on the asset management plan prepared
line 38 and approved pursuant to Section 14526.4, the department shall
line 39 prepare a state highway operation and protection program for the
line 40 expenditure of transportation funds for major capital improvements
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line 1 that are necessary to preserve and protect the state highway system.
line 2 Projects included in the program shall be limited to capital
line 3 improvements relative to the maintenance, safety, operation, and
line 4 rehabilitation of state highways and bridges that do not add a new
line 5 traffic lane to the system.
line 6 (b) The program shall include projects that are expected to be
line 7 advertised prior to July 1 of the year following submission of the
line 8 program, but which have not yet been funded. The program shall
line 9 include those projects for which construction is to begin within
line 10 four fiscal years, starting July 1 of the year following the year the
line 11 program is submitted.
line 12 (c) (1) The department, at a minimum, shall specify, for each
line 13 project in the state highway operation and protection program, the
line 14 capital and support budget, as well as a projected delivery date,
line 15 budget for each of the following project components:
line 16 (1) Completion of project
line 17 (A) Project approval and environmental documents.
line 18 (2) Preparation of plans,
line 19 (B) Plans, specifications, and estimates.
line 20 (3) Acquisition of rights-of-way, including, but not limited to,
line 21 support activities.
line 22 (C) Rights-of-way.
line 23 (D) Construction.
line 24 (2) The department shall specify, for each project in the state
line 25 highway operation and protection program, a projected delivery
line 26 date for each of the following components:
line 27 (A) Environmental document completion.
line 28 (B) Plans, specifications, and estimate completion.
line 29 (C) Right-of-way certification.
line 30 (4)
line 31 (D) Start of construction.
line 32 (d) The program shall be submitted department shall submit its
line 33 proposed program to the commission not later than January 31 of
line 34 each even-numbered year. Prior to submitting the plan, the its
line 35 proposed program, the department shall make a draft of its
line 36 proposed program available to transportation planning agencies
line 37 for review and comment and shall include the comments in its
line 38 submittal to the commission. The department shall provide the
line 39 commission with detailed information for all programmed projects,
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line 1 including, but not limited to, cost, scope, schedule, and
line 2 performance metrics as determined by the commission.
line 3 (e) The commission may shall review the proposed program
line 4 relative to its overall adequacy, consistency with the asset
line 5 management plan prepared and approved pursuant to Section
line 6 14526.4 and funding priorities established in Section 167 of the
line 7 Streets and Highways Code, the level of annual funding needed
line 8 to implement the program, and the impact of those expenditures
line 9 on the state transportation improvement program. The commission
line 10 shall adopt the program and submit it to the Legislature and the
line 11 Governor not later than April 1 of each even-numbered year. The
line 12 commission may decline to adopt the program if the commission
line 13 determines that the program is not sufficiently consistent with the
line 14 asset management plan prepared and approved pursuant to Section
line 15 14526.4.
line 16 (f) As part of the commission’s review of the program required
line 17 pursuant to subdivision (a), the commission shall hold at least one
line 18 hearing in northern California and one hearing in southern
line 19 California regarding the proposed program.
line 20 (f)
line 21 (g) Expenditures for these projects shall not be subject to
line 22 Sections 188 and 188.8 of the Streets and Highways Code.
line 23 (h) Following adoption of the state highway operation and
line 24 protection program by the commission, any change to a
line 25 programmed project shall be submitted as an amendment by the
line 26 department to the commission for its approval before the change
line 27 may be implemented.
line 28 SEC. 8. Section 14526.7 is added to the Government Code, to
line 29 read:
line 30 14526.7. (a) On and after August 1, 2017, an allocation by the
line 31 commission of all capital and support costs for each project in the
line 32 state highway operation and protection program shall be required.
line 33 (b) For a project that experiences increases in capital or support
line 34 costs above the amounts in the commission’s allocation pursuant
line 35 to subdivision (a), a supplemental project allocation request shall
line 36 be submitted by the department to the commission for approval.
line 37 (c) The commission shall establish guidelines to provide
line 38 exceptions to the requirement of subdivision (b) that the
line 39 commission determines are necessary to ensure that projects are
line 40 not unnecessarily delayed.
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line 1 SEC. 9. Section 14534.1 of the Government Code is repealed.
line 2 14534.1. Notwithstanding Section 12850.6 or subdivision (b)
line 3 of Section 12800, as added to this code by the Governor’s
line 4 Reorganization Plan No. 2 of 2012 during the 2011–12 Regular
line 5 Session, the commission shall retain independent authority to
line 6 perform those duties and functions prescribed to it under any
line 7 provision of law.
line 8 SEC. 10. Section 16321 is added to the Government Code, to
line 9 read:
line 10 16321. (a) Notwithstanding any other law, on or before March
line 11 1, 2017, the Department of Finance shall compute the amount of
line 12 outstanding loans made from the State Highway Account, the
line 13 Motor Vehicle Fuel Account, the Highway Users Tax Account,
line 14 and the Motor Vehicle Account to the General Fund. The
line 15 department shall prepare a loan repayment schedule, pursuant to
line 16 which the outstanding loans shall be repaid, as follows:
line 17 (1) On or before December 31, 2017, 50 percent of the
line 18 outstanding loan amounts.
line 19 (2) On or before December 31, 2018, the remainder of the
line 20 outstanding loan amounts.
line 21 (b) Notwithstanding any other law, as the loans are repaid
line 22 pursuant to this section, the repaid funds shall be transferred in the
line 23 following manner:
line 24 (1) Fifty percent to cities and counties pursuant to clauses (i)
line 25 and (ii) of subparagraph (C) of paragraph (3) of subdivision (a) of
line 26 Section 2103 of the Streets and Highways Code.
line 27 (2) Fifty percent to the department for maintenance of the state
line 28 highway system and for purposes of the state highway operation
line 29 and protection program.
line 30 (c) Funds for loan repayments pursuant to this section are hereby
line 31 appropriated from the Budget Stabilization Account pursuant to
line 32 subclause (II) of clause (ii) of subparagraph (B) of paragraph (1)
line 33 of subdivision (c) of Section 20 of Article XVI of the California
line 34 Constitution.
line 35 SEC. 11. Section 16965 of the Government Code is amended
line 36 to read:
line 37 16965. (a) (1) The Transportation Debt Service Fund is hereby
line 38 created in the State Treasury. Moneys in the fund shall be dedicated
line 39 to all of the following purposes:
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line 1 (A) Payment of debt service with respect to designated bonds,
line 2 as defined in subdivision (c) of Section 16773, and as further
line 3 provided in paragraph (3) and subdivision (b).
line 4 (B) To reimburse the General Fund for debt service with respect
line 5 to bonds.
line 6 (C) To redeem or retire bonds, pursuant to Section 16774,
line 7 maturing in a subsequent fiscal year.
line 8 (2) The bonds eligible under subparagraph (B) or (C) of
line 9 paragraph (1) include bonds issued pursuant to the Clean Air and
line 10 Transportation Improvement Act of 1990 (Part 11.5 (commencing
line 11 with Section 99600) of Division 10 of the Public Utilities Code),
line 12 the Passenger Rail and Clean Air Bond Act of 1990 (Chapter 17
line 13 (commencing with Section 2701) of Division 3 of the Streets and
line 14 Highways Code), the Seismic Retrofit Bond Act of 1996 (Chapter
line 15 12.48 (commencing with Section 8879) of Division 1 of Title 2),
line 16 and the Safe, Reliable High-Speed Passenger Train Bond Act for
line 17 the 21st Century (Chapter 20 (commencing with Section 2704) of
line 18 Division 3 of the Streets and Highways Code), and nondesignated
line 19 bonds under Proposition 1B, as defined in subdivision (c) of
line 20 Section 16773.
line 21 (3) (A) The Transportation Bond Direct Payment Account is
line 22 hereby created in the State Treasury, as a subaccount within the
line 23 Transportation Debt Service Fund, for the purpose of directly
line 24 paying the debt service, as defined in paragraph (4), of designated
line 25 bonds of Proposition 1B, as defined in subdivision (c) of Section
line 26 16773. Notwithstanding Section 13340, moneys in the
line 27 Transportation Bond Direct Payment Account are continuously
line 28 appropriated for payment of debt service with respect to designated
line 29 bonds as provided in subdivision (c) of Section 16773. So long as
line 30 any designated bonds remain outstanding, the moneys in the
line 31 Transportation Bond Direct Payment Account may not be used
line 32 for any other purpose, and may not be borrowed by or available
line 33 for transfer to the General Fund pursuant to Section 16310 or any
line 34 similar law, or to the General Cash Revolving Fund pursuant to
line 35 Section 16381 or any similar law.
line 36 (B) Once the Treasurer makes a certification that payment of
line 37 debt service with respect to all designated bonds has been paid or
line 38 provided for, any remaining moneys in the Transportation Bond
line 39 Direct Payment Account shall be transferred back to the
line 40 Transportation Debt Service Fund.
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line 1 (C) The moneys in the Transportation Bond Direct Payment
line 2 Account shall be invested in the Surplus Money Investment Fund,
line 3 and all investment earnings shall accrue to the account.
line 4 (D) The Controller may establish subaccounts within the
line 5 Transportation Bond Direct Payment Account as may be required
line 6 by the resolution, indenture, or other documents governing any
line 7 designated bonds.
line 8 (4) For purposes of this subdivision and subdivision (b), and
line 9 subdivision (c) of Section 16773, “debt service” means payment
line 10 of all of the following costs and expenses with respect to any
line 11 designated bond:
line 12 (A) The principal of and interest on the bonds.
line 13 (B) Amounts payable as the result of tender on any bonds, as
line 14 described in clause (iv) of subparagraph (B) of paragraph (1) of
line 15 subdivision (d) of Section 16731.
line 16 (C) Amounts payable under any contractual obligation of the
line 17 state to repay advances and pay interest thereon under a credit
line 18 enhancement or liquidity agreement as described in clause (iv) of
line 19 subparagraph (B) of paragraph (1) of subdivision (d) of Section
line 20 16731.
line 21 (D) Any amount owed by the state to a counterparty after any
line 22 offset for payments owed to the state on any hedging contract as
line 23 described in subparagraph (A) of paragraph (2) of subdivision (d)
line 24 of Section 16731.
line 25 (b) From the moneys transferred to the fund pursuant to
line 26 paragraph (2) or (3) of subdivision (c) of Section 9400.4 of the
line 27 Vehicle Code, there shall first be deposited into the Transportation
line 28 Bond Direct Payment Account in each month sufficient funds to
line 29 equal the amount designated in a certificate submitted by the
line 30 Treasurer to the Controller and the Director of Finance at the start
line 31 of each fiscal year, and as may be modified by the Treasurer
line 32 thereafter upon issuance of any new issue of designated bonds or
line 33 upon change in circumstances that requires such a modification.
line 34 This certificate shall be calculated by the Treasurer to identify, for
line 35 each month, the amount necessary to fund all of the debt service
line 36 with respect to all designated bonds. This calculation shall be done
line 37 in a manner provided in the resolution, indenture, or other
line 38 documents governing the designated bonds. In the event that
line 39 transfers to the Transportation Bond Direct Payment Account in
line 40 any month are less than the amounts required in the Treasurer’s
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line 1 certificate, the shortfall shall carry over to be part of the required
line 2 payment in the succeeding month or months.
line 3 (c) The state hereby covenants with the holders from time to
line 4 time of any designated bonds that it will not alter, amend, or restrict
line 5 the provisions of subdivision (c) of Section 16773 of the
line 6 Government Code, or Sections 9400, 9400.1, 9400.4, and 42205
line 7 of the Vehicle Code, which provide directly or indirectly for the
line 8 transfer of weight fees to the Transportation Debt Service Fund
line 9 or the Transportation Bond Direct Payment Account, or
line 10 subdivisions (a) and (b) of this section, or reduce the rate of
line 11 imposition of vehicle weight fees under Sections 9400 and 9400.1
line 12 of the Vehicle Code as they existed on the date of the first issuance
line 13 of any designated bonds, if that alteration, amendment, restriction,
line 14 or reduction would result in projected weight fees for the next
line 15 fiscal year determined by the Director of Finance being less than
line 16 two times the maximum annual debt service with respect to all
line 17 outstanding designated bonds, as such calculation is determined
line 18 pursuant to the resolution, indenture, or other documents governing
line 19 the designated bonds. The state may include this covenant in the
line 20 resolution, indenture, or other documents governing the designated
line 21 bonds.
line 22 (d) Once the required monthly deposit, including makeup of
line 23 any shortfalls from any prior month, has been made pursuant to
line 24 subdivision (b), from moneys transferred to the fund pursuant to
line 25 paragraph (2) or (3) of subdivision (c) of Section 9400.4 of the
line 26 Vehicle Code, or pursuant to Section 16965.1 or 63048.67, the
line 27 Controller shall transfer as an expenditure reduction to the General
line 28 Fund any amount necessary to offset the cost of current year debt
line 29 service payments made from the General Fund with respect to any
line 30 bonds issued pursuant to Proposition 192 (1996) and three-quarters
line 31 of the amount of current year debt service payments made from
line 32 the General Fund with respect to any nondesignated bonds, as
line 33 defined in subdivision (c) of Section 16773, issued pursuant to
line 34 Proposition 1B (2006). In the alternative, these funds may also be
line 35 used to redeem or retire the applicable bonds, pursuant to Section
line 36 16774, maturing in a subsequent fiscal year as directed by the
line 37 Director of Finance.
line 38 (e) From moneys transferred to the fund pursuant to Section
line 39 183.1 of the Streets and Highways Code, the Controller shall
line 40 transfer as an expenditure reduction to the General Fund any
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line 1 amount necessary to offset the cost of current year debt service
line 2 payments made from the General Fund with respect to any bonds
line 3 issued pursuant to Proposition 116 (1990). In the alternative, these
line 4 funds may also be used to redeem or retire the applicable bonds,
line 5 pursuant to Section 16774, maturing in a subsequent fiscal year
line 6 as directed by the Director of Finance.
line 7 (f)
line 8 (e) Once the required monthly deposit, including makeup of
line 9 any shortfalls from any prior month, has been made pursuant to
line 10 subdivision (b), from moneys transferred to the fund pursuant to
line 11 paragraph (2) or (3) of subdivision (c) of Section 9400.4 of the
line 12 Vehicle Code, or pursuant to Section 16965.1 or 63048.67, the
line 13 Controller shall transfer as an expenditure reduction to the General
line 14 Fund any amount necessary to offset the eligible cost of current
line 15 year debt service payments made from the General Fund with
line 16 respect to any bonds issued pursuant to Proposition 108 (1990)
line 17 and Proposition 1A (2008), and one-quarter of the amount of
line 18 current year debt service payments made from the General Fund
line 19 with respect to any nondesignated bonds, as defined in subdivision
line 20 (c) of Section 16773, issued pursuant to Proposition 1B (2006).
line 21 The Department of Finance shall notify the Controller by July 30
line 22 of every year of the percentage of debt service that is expected to
line 23 be paid in that fiscal year with respect to bond-funded projects that
line 24 qualify as eligible guideway projects consistent with the
line 25 requirements applicable to the expenditure of revenues under
line 26 Article XIX of the California Constitution, and the Controller shall
line 27 make payments only for those eligible projects. In the alternative,
line 28 these funds may also be used to redeem or retire the applicable
line 29 bonds, pursuant to Section 16774, maturing in a subsequent fiscal
line 30 year as directed by the Director of Finance.
line 31 (g)
line 32 (f) On or before the second business day following the date on
line 33 which transfers are made to the Transportation Debt Service Fund,
line 34 and after the required monthly deposits for that month, including
line 35 makeup of any shortfalls from any prior month, have been made
line 36 to the Transportation Bond Direct Payment Account, the Controller
line 37 shall transfer the funds designated for reimbursement of bond debt
line 38 service with respect to nondesignated bonds, as defined in
line 39 subdivision (c) of Section 16773, and other bonds identified in
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line 1 subdivisions (d), (e), and (f) (d) and (e) in that month from the
line 2 fund to the General Fund pursuant to this section.
line 3 SEC. 12. Section 39719 of the Health and Safety Code is
line 4 amended to read:
line 5 39719. (a) The Legislature shall appropriate the annual
line 6 proceeds of the fund for the purpose of reducing greenhouse gas
line 7 emissions in this state in accordance with the requirements of
line 8 Section 39712.
line 9 (b) To carry out a portion of the requirements of subdivision
line 10 (a), annual proceeds are continuously appropriated for the
line 11 following:
line 12 (1) Beginning in the 2015–16 2017–18 fiscal year, and
line 13 notwithstanding Section 13340 of the Government Code, 35 50
line 14 percent of annual proceeds are continuously appropriated, without
line 15 regard to fiscal years, for transit, affordable housing, and
line 16 sustainable communities programs as following: follows:
line 17 (A) Ten Twenty percent of the annual proceeds of the fund is
line 18 hereby continuously appropriated to the Transportation Agency
line 19 for the Transit and Intercity Rail Capital Program created by Part
line 20 2 (commencing with Section 75220) of Division 44 of the Public
line 21 Resources Code.
line 22 (B) Five Ten percent of the annual proceeds of the fund is hereby
line 23 continuously appropriated to the Low Carbon Transit Operations
line 24 Program created by Part 3 (commencing with Section 75230) of
line 25 Division 44 of the Public Resources Code. Funds Moneys shall be
line 26 allocated by the Controller, according to requirements of the
line 27 program, and pursuant to the distribution formula in subdivision
line 28 (b) or (c) of Section 99312 of, and Sections 99313 and 99314 of,
line 29 the Public Utilities Code.
line 30 (C) Twenty percent of the annual proceeds of the fund is hereby
line 31 continuously appropriated to the Strategic Growth Council for the
line 32 Affordable Housing and Sustainable Communities Program created
line 33 by Part 1 (commencing with Section 75200) of Division 44 of the
line 34 Public Resources Code. Of the amount appropriated in this
line 35 subparagraph, no less than 10 percent of the annual proceeds,
line 36 proceeds shall be expended for affordable housing, consistent with
line 37 the provisions of that program.
line 38 (2) Beginning in the 2015–16 fiscal year, notwithstanding
line 39 Section 13340 of the Government Code, 25 percent of the annual
line 40 proceeds of the fund is hereby continuously appropriated to the
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line 1 High-Speed Rail Authority for the following components of the
line 2 initial operating segment and Phase I Blended System as described
line 3 in the 2012 business plan adopted pursuant to Section 185033 of
line 4 the Public Utilities Code:
line 5 (A) Acquisition and construction costs of the project.
line 6 (B) Environmental review and design costs of the project.
line 7 (C) Other capital costs of the project.
line 8 (D) Repayment of any loans made to the authority to fund the
line 9 project.
line 10 (c) In determining the amount of annual proceeds of the fund
line 11 for purposes of the calculation in subdivision (b), the funds subject
line 12 to Section 39719.1 shall not be included.
line 13 SEC. 13. Section 21080.37 of the Public Resources Code is
line 14 amended to read:
line 15 21080.37. (a) This division does not apply to a project or an
line 16 activity to repair, maintain, or make minor alterations to an existing
line 17 roadway if all of the following conditions are met:
line 18 (1) The project is carried out by a city or county with a
line 19 population of less than 100,000 persons to improve public safety.
line 20 (2)
line 21 (1) (A) The project does not cross a waterway.
line 22 (B) For purposes of this paragraph, “waterway” means a bay,
line 23 estuary, lake, pond, river, slough, or a perennial, intermittent, or
line 24 ephemeral stream, lake, or estuarine-marine shoreline.
line 25 (3)
line 26 (2) The project involves negligible or no expansion of an
line 27 existing use beyond that existing at the time of the lead agency’s
line 28 determination.
line 29 (4) The roadway is not a state roadway.
line 30 (5)
line 31 (3) (A) The site of the project does not contain wetlands or
line 32 riparian areas and does not have significant value as a wildlife
line 33 habitat, and the project does not harm any species protected by the
line 34 federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et
line 35 seq.), the Native Plant Protection Act (Chapter 10 (commencing
line 36 with Section 1900) of Division 2 of the Fish and Game Code), or
line 37 the California Endangered Species Act (Chapter 1.5 (commencing
line 38 with Section 2050) of Division 3 of the Fish and Game Code), and
line 39 the project does not cause the destruction or removal of any species
line 40 protected by a local ordinance.
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line 1 (B) For the purposes of this paragraph:
line 2 (i) “Riparian areas” mean those areas transitional between
line 3 terrestrial and aquatic ecosystems and that are distinguished by
line 4 gradients in biophysical conditions, ecological processes, and biota.
line 5 A riparian area is an area through which surface and subsurface
line 6 hydrology connect waterbodies with their adjacent uplands. A
line 7 riparian area includes those portions of terrestrial ecosystems that
line 8 significantly influence exchanges of energy and matter with aquatic
line 9 ecosystems. A riparian area is adjacent to perennial, intermittent,
line 10 and ephemeral streams, lakes, and estuarine-marine shorelines.
line 11 (ii) “Significant value as a wildlife habitat” includes wildlife
line 12 habitat of national, statewide, regional, or local importance; habitat
line 13 for species protected by the federal Endangered Species Act of
line 14 1973 (16 U.S.C. Sec. 1531, 1531 et seq.), the California
line 15 Endangered Species Act (Chapter 1.5 (commencing with Section
line 16 2050) of Division 3 of the Fish and Game Code), or the Native
line 17 Plant Protection Act (Chapter 10 (commencing with Section 1900)
line 18 of Division 2 of the Fish and Game Code); habitat identified as
line 19 candidate, fully protected, sensitive, or species of special status
line 20 by local, state, or federal agencies; or habitat essential to the
line 21 movement of resident or migratory wildlife.
line 22 (iii) “Wetlands” has the same meaning as in the United States
line 23 Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
line 24 (iv) “Wildlife habitat” means the ecological communities upon
line 25 which wild animals, birds, plants, fish, amphibians, and
line 26 invertebrates depend for their conservation and protection.
line 27 (6)
line 28 (4) The project does not impact cultural resources.
line 29 (7)
line 30 (5) The roadway does not affect scenic resources, as provided
line 31 pursuant to subdivision (c) of Section 21084.
line 32 (b) Prior to determining that a project is exempt pursuant to this
line 33 section, the lead agency shall do both of the following:
line 34 (1) Include measures in the project to mitigate potential
line 35 vehicular traffic and safety impacts and bicycle and pedestrian
line 36 safety impacts.
line 37 (2) Hold a noticed public hearing on the project to hear and
line 38 respond to public comments. The hearing on the project may be
line 39 conducted with another noticed lead agency public hearing.
line 40 Publication of the notice shall be no fewer times than required by
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line 1 Section 6061 of the Government Code, by the public agency in a
line 2 newspaper of general circulation in the area.
line 3 (c) For purposes of this section, “roadway” means a roadway
line 4 as defined pursuant to Section 530 of the Vehicle Code and the
line 5 previously graded and maintained shoulder that is within a roadway
line 6 right-of-way of no more than five feet from the edge of the
line 7 roadway.
line 8 (d) (1) If a state agency determines that a project is not subject
line 9 to this division pursuant to this section and it approves or
line 10 determines to carry out that project, it shall file a notice with the
line 11 Office of Planning and Research in the manner specified in
line 12 subdivisions (b) and (c) of Section 21108.
line 13 (d) Whenever
line 14 (2) If a local agency determines that a project is not subject to
line 15 this division pursuant to this section, section and it approves or
line 16 determines to carry out that project, the local agency it shall file
line 17 a notice with the Office of Planning and Research, and with the
line 18 county clerk in the county in which the project will be located in
line 19 the manner specified in subdivisions (b) and (c) of Section 21152.
line 20 (e) This section shall remain in effect only until January 1, 2020,
line 21 and as of that date is repealed, unless a later enacted statute, that
line 22 is enacted before January 1, 2020, deletes or extends that date.
line 23 SEC. 14. Division 13.6 (commencing with Section 21200) is
line 24 added to the Public Resources Code, to read:
line 25
line 26 DIVISION 13.6. ADVANCE MITIGATION PROGRAM ACT
line 27
line 28 Chapter 1. General
line 29
line 30 21200. This division shall be known, and may be cited, as the
line 31 Advance Mitigation Program Act.
line 32 21201. (a) The purpose of this division is to improve the
line 33 success and effectiveness of actions implemented to mitigate the
line 34 natural resource impacts of future transportation improvements
line 35 by designing those actions to measurably advance regional or
line 36 statewide conservation priorities and by establishing the means to
line 37 implement the actions well before the impacts occur. The advance
line 38 design and implementation of mitigation actions also will
line 39 streamline the delivery of transportation improvements by avoiding
line 40 or reducing delays associated with environmental permitting.
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line 1 (b) This division is not intended to create a new environmental
line 2 permitting or regulatory program or to modify existing
line 3 environmental laws or regulations, nor is it expected that all
line 4 mitigation requirements will be addressed for planned
line 5 transportation improvements. Instead, it is intended to provide a
line 6 methodology with which to fulfill the requirements of existing
line 7 state and federal environmental laws that protect fish, wildlife,
line 8 plant species, and other natural resources more efficiently and
line 9 effectively.
line 10 21202. The Legislature finds and declares all of the following:
line 11 (a) Compensatory mitigation for environmental impacts is
line 12 ordinarily handled on a project-by-project basis, usually near the
line 13 end of a project’s timeline and often with insufficient guidance
line 14 regarding regional or statewide conservation priorities.
line 15 (b) The cost of critical transportation improvements often
line 16 escalates because of permitting delays that occur when appropriate
line 17 conservation and mitigation measures cannot easily be identified
line 18 and because the cost of these measures often increases between
line 19 the time a project is planned and funded and the time mitigation
line 20 is implemented.
line 21 (c) When the Department of Transportation is able to anticipate
line 22 the compensatory mitigation needs for planned transportation
line 23 improvements, it can meet those needs in a more timely and
line 24 cost-effective way by using advance mitigation planning.
line 25 (d) Working with state and federal resource protection agencies,
line 26 the department can generate and pool a range of mitigation credits
line 27 for use for transportation improvements, taking advantage of
line 28 greater economies of scale and allowing public funds to stretch
line 29 further. By making those mitigation credits available in advance
line 30 of environmental impacts and project permitting, transportation
line 31 agencies can avoid permitting delays that result from
line 32 project-by-project identification and development of mitigation
line 33 measures.
line 34 (e) Advance mitigation can provide an effective means of
line 35 facilitating delivery of transportation improvements while ensuring
line 36 more effective natural resource conservation.
line 37 (f) Advance mitigation is needed to direct mitigation funding
line 38 for transportation improvements to agreed-upon conservation
line 39 priorities and to the creation of habitat reserves and recreation
line 40 areas that enhance the sustainability of human and natural systems
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line 1 by protecting or restoring connectivity of natural communities and
line 2 the delivery of ecosystem services.
line 3 (g) Advance mitigation can facilitate the implementation of
line 4 climate change adaptation strategies both for ecosystems and
line 5 California’s economy.
line 6 (h) Advance mitigation can enable the state to protect, restore,
line 7 and recover its natural resources as it strengthens and improves
line 8 its transportation systems.
line 9 21203. The Legislature intends to do all of the following by
line 10 enacting this division:
line 11 (a) Facilitate delivery of transportation improvements while
line 12 ensuring more effective natural resource conservation.
line 13 (b) Develop effective strategies to improve the state’s ability to
line 14 meet mounting demands for transportation improvements and to
line 15 maximize conservation and other public benefits.
line 16 (c) Achieve conservation objectives of statewide and regional
line 17 importance by coordinating local, state, and federally funded
line 18 natural resource conservation efforts with mitigation actions
line 19 required for impacts from transportation improvements.
line 20 (d) Create administrative, governance, and financial incentives
line 21 and mechanisms necessary to ensure that measures required to
line 22 minimize or mitigate impacts from transportation improvements
line 23 will serve to achieve regional or statewide natural resource
line 24 conservation objectives.
line 25
line 26 Chapter 2. Definitions
line 27
line 28 21204. For purposes of this division, the following terms have
line 29 the following meanings:
line 30 (a) “Acquire” and “acquisition” mean, with respect to land or
line 31 a waterway, acquisition of fee title or purchase of a conservation
line 32 easement, that protects conservation and mitigation values on the
line 33 land or waterway in perpetuity.
line 34 (b) “Advance mitigation” means mitigation implemented before,
line 35 and in anticipation of, environmental effects of planned
line 36 transportation improvements.
line 37 (c) “Commission” means the California Transportation
line 38 Commission.
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line 1 (d) “Conservation easement” means a perpetual conservation
line 2 easement that complies with Chapter 4 (commencing with Section
line 3 815) of Title 2 of Part 2 of Division 2 of the Civil Code.
line 4 (e) “Department” means the Department of Transportation.
line 5 (f) “Mitigation credit agreement” means a mitigation credit
line 6 agreement pursuant to Chapter 9 (commencing with Section 1850)
line 7 of Division 2 of the Fish and Game Code.
line 8 (g) “Transportation agency” means the department, the
line 9 High-Speed Rail Authority, a metropolitan planning organization,
line 10 a regional transportation planning agency, or another public agency
line 11 that implements transportation improvements.
line 12 (h) “Transportation improvement” means a transportation capital
line 13 improvement project.
line 14 (i) “Planned transportation improvement” means a transportation
line 15 project that a transportation agency has identified in a regional
line 16 transportation plan, an interregional transportation plan, a capital
line 17 improvement program, or other approved transportation planning
line 18 document. A planned transportation improvement may include,
line 19 but is not limited to, a transportation project that has been proposed
line 20 for approval or that has been approved.
line 21 (j) “Program” means the Advance Mitigation Program
line 22 implemented pursuant to this division.
line 23 (k) “Regional conservation investment strategy” means a
line 24 regional conservation investment strategy pursuant to Chapter 9
line 25 (commencing with Section 1850) of Division 2 of the Fish and
line 26 Game Code.
line 27 (l) “Regulatory agency” means a state or federal natural resource
line 28 protection agency with regulatory authority over planned
line 29 transportation improvements. A regulatory agency includes, but
line 30 is not limited to, the Natural Resources Agency, the Department
line 31 of Fish and Wildlife, California regional water quality control
line 32 boards, the United States Fish and Wildlife Service, the National
line 33 Marine Fisheries Service, the United States Environmental
line 34 Protection Agency, and the United States Army Corps of
line 35 Engineers.
line 36
line 37 Chapter 3. Advance Mitigation Program
line 38
line 39 21205. (a) The Advance Mitigation Program is hereby created
line 40 in the department to accelerate project delivery and improve
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line 1 environmental outcomes of environmental mitigation for planned
line 2 transportation improvements. The department may do any of the
line 3 following to administer and implement the program:
line 4 (1) Purchase credits at mitigation banks and conservation banks
line 5 approved by one or more regulatory agencies. The department
line 6 may also establish mitigation banks or conservation banks, or fund
line 7 the establishment of mitigation banks or conservation banks, in
line 8 accordance with applicable state and federal standards if the
line 9 department determines that those banks would provide biologically
line 10 appropriate mitigation for planned transportation improvements
line 11 identified pursuant to Section 21207.
line 12 (2) Pay mitigation fees under natural community conservation
line 13 plans approved pursuant to Chapter 10 (commencing with Section
line 14 2800) of Division 3 of the Fish and Game Code, or habitat
line 15 conservation plans approved in accordance with the federal
line 16 Endangered Species Act.
line 17 (3) Prepare, or fund the preparation of, regional conservation
line 18 investment strategies. Where a regional conservation framework
line 19 has been approved by the Department of Fish and Wildlife, the
line 20 department may do the following:
line 21 (A) Enter into a mitigation credit agreement with the Department
line 22 of Fish and Wildlife, and acquire, restore, manage, monitor, protect,
line 23 and preserve lands , waterways, aquatic resources or fisheries, or
line 24 fund the acquisition, restoration, management, monitoring,
line 25 protection, and preservation of lands, waterways, aquatic resources,
line 26 or fisheries, as needed to generate mitigation credits pursuant to
line 27 those mitigation credit agreements.
line 28 (B) Acquire, restore, manage, monitor, and preserve lands,
line 29 waterways, aquatic resources, or fisheries, or fund the acquisition,
line 30 restoration, management, monitoring, and preservation of lands,
line 31 waterways, aquatic resources, or fisheries that would measurably
line 32 advance a conservation objective in the regional conservation
line 33 investment strategy if the department concludes that the action or
line 34 actions could conserve or create environmental values that are
line 35 appropriate to mitigate the anticipated potential impacts of planned
line 36 transportation improvements.
line 37 (4) Prepare, or fund the preparation of, regional advance
line 38 mitigation plans within the area of any regional conservation
line 39 investment strategy that has been approved by the Department of
line 40 Fish and Wildlife. The purpose of a regional advance mitigation
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line 1 plan shall be to identify potential mitigation needs for planned
line 2 transportation improvements, to facilitate the acquisition or
line 3 generation of mitigation credits and values that could be used to
line 4 fulfill those needs and thereby to avoid delays in the environmental
line 5 permitting of those transportation improvements. A regional
line 6 advance mitigation plan shall do all of the following:
line 7 (A) Use the information and analysis in the regional
line 8 conservation investment strategy to estimate the nature and extent
line 9 of potential mitigation requirements of planned transportation
line 10 improvements on a regional or statewide basis.
line 11 (B) Consider the full range of potential impacts on natural
line 12 resources of planned transportation improvements.
line 13 (C) Identify available mitigation credits at mitigation banks or
line 14 conservation banks approved by one or more regulatory agencies
line 15 that could be used to mitigate the impacts of planned transportation
line 16 improvements.
line 17 (D) Assess whether, and to what extent, mitigation requirements
line 18 for planned transportation improvements could be fulfilled by the
line 19 payment of mitigation fees under approved natural community
line 20 conservation plans and habitat conservation plans.
line 21 (E) Assess whether, and to what extent, mitigation requirements
line 22 for planned transportation improvements could be fulfilled by
line 23 mitigation credits created under a mitigation credit agreement.
line 24 (F) Assess whether conservation actions or habitat enhancements
line 25 that would measurably advance an unmet conservation objective
line 26 in the regional conservation investment strategy could conserve
line 27 or create environmental values that are appropriate to mitigate the
line 28 anticipated potential impacts of planned transportation
line 29 improvements and could fulfill mitigation requirements resulting
line 30 from those impacts.
line 31 (G) Analyze the cost-effectiveness of available mitigation
line 32 alternatives both in terms of environmental benefits and improved
line 33 project delivery and certainty.
line 34 (b) The department shall track all advance mitigation actions
line 35 implemented and all mitigation credits generated under the program
line 36 for environmental mitigation for transportation improvements.
line 37 (c) The department may use mitigation credits to fulfill
line 38 mitigation requirements of a transportation improvement eligible
line 39 for the State Transportation Improvement Program or the State
line 40 Highway Operation and Protection Program.
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line 1 (d) The department may use, or allow local or state
line 2 transportation agencies to use, mitigation credits or values
line 3 generated or obtained under the program to fulfill the mitigation
line 4 requirements of planned transportation improvements if the
line 5 applicable transportation agency reimburses the program for all
line 6 costs of purchasing or creating the mitigation credits or values, as
line 7 determined by the department. Those costs shall be calculated
line 8 using total cost accounting and shall include, as applicable, land
line 9 acquisition or conservation easement costs, monitoring and
line 10 enforcement costs, restoration costs, transaction costs,
line 11 administrative costs, contingency costs, and land management,
line 12 monitoring, and protection costs.
line 13 21206. No later than February 1, 2017, the department shall
line 14 establish an interagency transportation advance mitigation steering
line 15 committee consisting of the department and appropriate state and
line 16 federal regulatory agencies to support the program so that advance
line 17 mitigation can be used as required mitigation for planned
line 18 transportation improvements and can provide improved
line 19 environmental outcomes. The committee shall advise the
line 20 department of opportunities to carry out advance mitigation
line 21 improvements, provide the best available science, and actively
line 22 participate in mitigation instrument reviews and approvals. The
line 23 committee shall seek to develop streamlining opportunities,
line 24 including those related to landscape scale mitigation planning and
line 25 alignment of federal and state regulations and procedures related
line 26 to mitigation requirements and implementation. The committee
line 27 shall also provide input on crediting, using, and tracking of advance
line 28 mitigation investments.
line 29 21207. The Advance Mitigation Fund is hereby created in the
line 30 State Transportation Fund as a revolving fund. Notwithstanding
line 31 Section 13340 of the Government Code, the fund shall be
line 32 continuously appropriated without regard to fiscal years. The
line 33 moneys in the fund shall be programmed by the commission for
line 34 the planning and implementation of advance mitigation
line 35 improvements consistent with the purposes of this chapter. After
line 36 the transfer of moneys to the fund for four fiscal years pursuant to
line 37 subdivision (c) of Section 2032 of the Streets and Highways Code,
line 38 commencing in the 2017–18 fiscal year, the program is intended
line 39 to be self-sustaining. Advance expenditures from the fund shall
line 40 later be reimbursed from project funding available at the time a
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line 1 planned transportation improvement is constructed. A maximum
line 2 of 5 percent of available funds may be used for administrative
line 3 purposes.
line 4 21208. The program is intended to improve the efficiency and
line 5 efficacy of mitigation only and is not intended to supplant the
line 6 requirements of the California Environmental Quality Act (Division
line 7 13 (commencing with Section 21000)) or any other environmental
line 8 law. The identification of planned transportation improvements
line 9 and of mitigation improvements or measures for planned
line 10 transportation improvements under this division does not imply
line 11 or require approval of those improvements for purposes of the
line 12 California Environmental Quality Act (Division 13 (commencing
line 13 with Section 21000)) or any other environmental law.
line 14 SEC. 15. Section 99312.1 of the Public Utilities Code is
line 15 amended to read:
line 16 99312.1. (a) Revenues transferred to the Public Transportation
line 17 Account pursuant to Sections 6051.8 and 6201.8 of the Revenue
line 18 and Taxation Code for the State Transit Assistance Program are
line 19 hereby continuously appropriated to the Controller for allocation
line 20 as follows:
line 21 (a)
line 22 (1) Fifty percent for allocation to transportation planning
line 23 agencies, county transportation commissions, and the San Diego
line 24 Metropolitan Transit Development Board pursuant to Section
line 25 99314.
line 26 (b)
line 27 (2) Fifty percent for allocation to transportation agencies, county
line 28 transportation commissions, and the San Diego Metropolitan
line 29 Transit Development Board for purposes of Section 99313.
line 30 For
line 31 (b) For purposes of this chapter, the revenues allocated pursuant
line 32 to this section shall be subject to the same requirements as revenues
line 33 allocated pursuant to subdivisions (b) and (c), as applicable, of
line 34 Section 99312.
line 35 (c) The revenues transferred to the Public Transportation
line 36 Account for the State Transit Assistance Program that are
line 37 attributable to the increase in the sales and use tax on diesel fuel
line 38 pursuant to subdivision (b) of Section 6051.8 of the Revenue and
line 39 Taxation Code, as adjusted pursuant to subdivision (c) of that
line 40 section, and subdivision (b) of Section 6201.8 of the Revenue and
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line 1 Taxation Code, as adjusted pursuant to subdivision (c) of that
line 2 section, upon allocation pursuant to Sections 99313 and 99314,
line 3 shall only be expended on the following:
line 4 (1) Transit capital projects or services to maintain or repair a
line 5 transit operator’s existing transit vehicle fleet or existing transit
line 6 facilities, including rehabilitation or modernization of existing
line 7 vehicles or facilities.
line 8 (2) The design, acquisition, and construction of new vehicles
line 9 or facilities that improve existing transit services.
line 10 (3) Transit services that complement local efforts for repair and
line 11 improvement of local transportation infrastructure.
line 12 (d) (1) Prior to receiving an apportionment of funds pursuant
line 13 to subdivision (c) from the Controller in a fiscal year, a recipient
line 14 transit agency shall submit to the Department of Transportation
line 15 a list of projects proposed to be funded with these funds. The list
line 16 of projects proposed to be funded with these funds shall include
line 17 a description and location of each proposed project, a proposed
line 18 schedule for the project’s completion, and the estimated useful life
line 19 of the improvement. The project list shall not limit the flexibility
line 20 of a recipient transit agency to fund projects in accordance with
line 21 local needs and priorities so long as the projects are consistent
line 22 with subdivision (c).
line 23 (2) The department shall report to the Controller the recipient
line 24 transit agencies that have submitted a list of projects as described
line 25 in this subdivision and that are therefore eligible to receive an
line 26 apportionment of funds for the applicable fiscal year. The
line 27 Controller, upon receipt of the report, shall apportion funds
line 28 pursuant to Sections 99313 and 99314.
line 29 (e) For each fiscal year, each recipient transit agency receiving
line 30 an apportionment of funds pursuant to subdivision (c) shall, upon
line 31 expending those funds, submit documentation to the department
line 32 that includes a description and location of each completed project,
line 33 the amount of funds expended on the project, the completion date,
line 34 and the estimated useful life of the improvement.
line 35 (f) The audit of transit operator finances required pursuant to
line 36 Section 99245 shall verify that the revenues identified in
line 37 subdivision (c) have been expended in conformance with these
line 38 specific requirements and all other generally applicable
line 39 requirements.
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line 1 SEC. 16. Section 6051.8 of the Revenue and Taxation Code
line 2 is amended to read:
line 3 6051.8. (a) Except as provided by Section 6357.3, in addition
line 4 to the taxes imposed by this part, for the privilege of selling
line 5 tangible personal property at retail a tax is hereby imposed upon
line 6 all retailers at the rate of 1.75 percent of the gross receipts of any
line 7 retailer from the sale of all diesel fuel, as defined in Section 60022,
line 8 sold at retail in this state on and after the operative date of this
line 9 subdivision. fuel.
line 10 (b) Notwithstanding subdivision (a), for the 2011–12 fiscal year
line 11 only, the rate referenced in subdivision (a) shall be 1.87 percent.
line 12 (c) Notwithstanding subdivision (a), for the 2012–13 fiscal year
line 13 only, the rate referenced in subdivision (a) shall be 2.17 percent.
line 14 (d) Notwithstanding subdivision (a), for the 2013–14 fiscal year
line 15 only, the rate referenced in subdivision (a) shall be 1.94 percent.
line 16 (b) Except as provided by Section 6357.3, in addition to the
line 17 taxes imposed by this part and by subdivision (a), for the privilege
line 18 of selling tangible personal property at retail a tax is hereby
line 19 imposed upon all retailers at the rate of 4 percent of the gross
line 20 receipts of any retailer from the sale of all diesel fuel, as defined
line 21 in Section 60022, sold at retail in this state.
line 22 (c) Beginning July 1, 2020, and every third year thereafter, the
line 23 State Board of Equalization shall recompute the rates of the taxes
line 24 imposed by this section. That computation shall be made as
line 25 follows:
line 26 (1) The Department of Finance shall transmit to the State Board
line 27 of Equalization the percentage change in the California Consumer
line 28 Price Index for all items from November of three calendar years
line 29 prior to November of the prior calendar year, no later than January
line 30 31, 2020, and January 31 of every third year thereafter.
line 31 (2) The State Board of Equalization shall do all of the following:
line 32 (A) Compute an inflation adjustment factor by adding 100
line 33 percent to the percentage change figure that is furnished pursuant
line 34 to paragraph (1) and dividing the result by 100.
line 35 (B) Multiply the preceding tax rate per gallon by the inflation
line 36 adjustment factor determined in subparagraph (A) and round off
line 37 the resulting product to the nearest tenth of a cent.
line 38 (C) Make its determination of the new rate no later than March
line 39 1 of the same year as the effective date of the new rate.
line 40 (e)
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line 1 (d) (1) Notwithstanding subdivision (b) of Section 7102, except
line 2 as otherwise provided in paragraph (2), all of the revenues, less
line 3 refunds, collected pursuant to this section shall be estimated by
line 4 the State Board of Equalization, with the concurrence of the
line 5 Department of Finance, and transferred quarterly to the Public
line 6 Transportation Account in the State Transportation Fund for
line 7 allocation under the State Transit Assistance Program pursuant
line 8 to Section 99312.1 of the Public Utilities Code.
line 9 (2) The revenues, less refunds, attributable to a rate of 0.5
line 10 percent of the 4-percent increase in the rate pursuant to subdivision
line 11 (b), amounting to one-eighth of revenues from the increase in the
line 12 rate under that subdivision, shall be estimated by the State Board
line 13 of Equalization, with the concurrence of the Department of
line 14 Finance, and transferred quarterly to the Public Transportation
line 15 Account in the State Transportation Fund for allocation to the
line 16 Department of Transportation, upon appropriation by the
line 17 Legislature, to intercity rail and commuter rail purposes pursuant
line 18 to Section 99315 of the Public Utilities Code.
line 19 (f) Subdivisions (a) to (e), inclusive, shall become operative on
line 20 July 1, 2011.
line 21 SEC. 17. Section 6201.8 of the Revenue and Taxation Code
line 22 is amended to read:
line 23 6201.8. (a) Except as provided by Section 6357.3, in addition
line 24 to the taxes imposed by this part, an excise tax is hereby imposed
line 25 on the storage, use, or other consumption in this state of diesel
line 26 fuel, as defined in Section 60022, at the rate of 1.75 percent of the
line 27 sales price of the diesel fuel on and after the operative date of this
line 28 subdivision. fuel.
line 29 (b) Notwithstanding subdivision (a), for the 2011–12 fiscal year
line 30 only, the rate referenced in subdivision (a) shall be 1.87 percent.
line 31 (c) Notwithstanding subdivision (a), for the 2012–13 fiscal year
line 32 only, the rate referenced in subdivision (a) shall be 2.17 percent.
line 33 (d) Notwithstanding subdivision (a), for the 2013–14 fiscal year
line 34 only, the rate referenced in subdivision (a) shall be 1.94 percent.
line 35 (b) Except as provided by Section 6357.3, in addition to the
line 36 taxes imposed by this part and by subdivision (a), an excise tax is
line 37 hereby imposed on the storage, use, or other consumption in this
line 38 state of diesel fuel, as defined in Section 60022, at the rate of 4
line 39 percent of the sales price of the diesel fuel.
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line 1 (c) Beginning July 1, 2020, and every third year thereafter, the
line 2 State Board of Equalization shall recompute the rates of the taxes
line 3 imposed by this section. That computation shall be made as
line 4 follows:
line 5 (1) The Department of Finance shall transmit to the State Board
line 6 of Equalization the percentage change in the California Consumer
line 7 Price Index for all items from November of three calendar years
line 8 prior to November of the prior calendar year, no later than January
line 9 31, 2020, and January 31 of every third year thereafter.
line 10 (2) The State Board of Equalization shall do all of the following:
line 11 (A) Compute an inflation adjustment factor by adding 100
line 12 percent to the percentage change figure that is furnished pursuant
line 13 to paragraph (1) and dividing the result by 100.
line 14 (B) Multiply the preceding tax rate per gallon by the inflation
line 15 adjustment factor determined in subparagraph (A) and round off
line 16 the resulting product to the nearest tenth of a cent.
line 17 (C) Make its determination of the new rate no later than March
line 18 1 of the same year as the effective date of the new rate.
line 19 (e)
line 20 (d) (1) Notwithstanding subdivision (b) of Section 7102, except
line 21 as otherwise provided in paragraph (2), all of the revenues, less
line 22 refunds, collected pursuant to this section shall be estimated by
line 23 the State Board of Equalization, with the concurrence of the
line 24 Department of Finance, and transferred quarterly to the Public
line 25 Transportation Account in the State Transportation Fund for
line 26 allocation pursuant to Section 99312.1 of the Public Utilities Code.
line 27 (2) The revenues, less refunds, attributable to a rate of 0.5
line 28 percent of the 4-percent increase in the rate pursuant to subdivision
line 29 (b), amounting to one-eighth of revenues from the increase in the
line 30 rate under that subdivision, shall be estimated by the State Board
line 31 of Equalization, with the concurrence of the Department of
line 32 Finance, and transferred quarterly to the Public Transportation
line 33 Account in the State Transportation Fund for allocation to the
line 34 Department of Transportation, upon appropriation by the
line 35 Legislature, to intercity rail and commuter rail purposes pursuant
line 36 to Section 99315 of the Public Utilities Code.
line 37 (f) Subdivisions (a) to (e), inclusive, shall become operative on
line 38 July 1, 2011.
line 39 SEC. 18. Section 7360 of the Revenue and Taxation Code is
line 40 amended to read:
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line 1 7360. (a) (1) (A) A tax of eighteen cents ($0.18) is hereby
line 2 imposed upon each gallon of fuel subject to the tax in Sections
line 3 7362, 7363, and 7364.
line 4 (B) In addition to the tax imposed pursuant to subparagraph
line 5 (A), a tax of six cents ($0.06) is hereby imposed upon each gallon
line 6 of fuel, other than aviation gasoline, subject to the tax in Sections
line 7 7362, 7363, and 7364. Effective one year after the date that the
line 8 six-cent ($0.06) tax is imposed, an additional tax of three cents
line 9 ($0.03) is hereby imposed, and effective two years after the date
line 10 that the six-cent ($0.06) tax is imposed, an additional tax of three
line 11 cents ($0.03) is hereby imposed, on each gallon of fuel, other than
line 12 aviation gasoline, subject to the tax in Sections 7362, 7363, and
line 13 7364.
line 14 (2) If the federal fuel tax is reduced below the rate of nine cents
line 15 ($0.09) per gallon and federal financial allocations to this state for
line 16 highway and exclusive public mass transit guideway purposes are
line 17 reduced or eliminated correspondingly, the tax rate imposed by
line 18 subparagraph (A) of paragraph (1), on and after the date of the
line 19 reduction, shall be recalculated by an amount so that the combined
line 20 state rate under subparagraph (A) of paragraph (1) and the federal
line 21 tax rate per gallon equal twenty-seven cents ($0.27).
line 22 (3) If any person or entity is exempt or partially exempt from
line 23 the federal fuel tax at the time of a reduction, the person or entity
line 24 shall continue to be so exempt under this section.
line 25 (b) (1) On and after July 1, 2010, in addition to the tax imposed
line 26 by subdivision (a), a tax is hereby imposed upon each gallon of
line 27 motor vehicle fuel, other than aviation gasoline, subject to the tax
line 28 in Sections 7362, 7363, and 7364 in an amount equal to seventeen
line 29 and three-tenths cents ($0.173) per gallon.
line 30 (2) For the 2011–12 fiscal year and each fiscal year thereafter,
line 31 the board shall, on or before March 1 of the fiscal year immediately
line 32 preceding the applicable fiscal year, adjust the rate in paragraph
line 33 (1) in that manner as to generate an amount of revenue that will
line 34 equal the amount of revenue loss attributable to the exemption
line 35 provided by Section 6357.7, based on estimates made by the board,
line 36 and that rate shall be effective during the state’s next fiscal year.
line 37 (3) In order to maintain revenue neutrality for each year,
line 38 beginning with the rate adjustment on or before March 1, 2012,
line 39 the adjustment under paragraph (2) shall also take into account the
line 40 extent to which the actual amount of revenues derived pursuant to
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line 1 this subdivision and, as applicable, Section 7361.1, the revenue
line 2 loss attributable to the exemption provided by Section 6357.7
line 3 resulted in a net revenue gain or loss for the fiscal year ending
line 4 prior to the rate adjustment date on or before March 1.
line 5 (4) The intent of paragraphs (2) and (3) is to ensure that the act
line 6 adding this subdivision and Section 6357.7 does not produce a net
line 7 revenue gain in state taxes.
line 8 (c) Beginning July 1, 2020, and every third year thereafter, the
line 9 State Board of Equalization shall recompute the rates of the taxes
line 10 imposed by this section. That computation shall be made as
line 11 follows:
line 12 (1) The Department of Finance shall transmit to the State Board
line 13 of Equalization the percentage change in the California Consumer
line 14 Price Index for all items from November of three calendar years
line 15 prior to November of the prior calendar year, no later than January
line 16 31, 2020, and January 31 of every third year thereafter.
line 17 (2) The State Board of Equalization shall do all of the following:
line 18 (A) Compute an inflation adjustment factor by adding 100
line 19 percent to the percentage change figure that is furnished pursuant
line 20 to paragraph (1) and dividing the result by 100.
line 21 (B) Multiply the preceding tax rate per gallon by the inflation
line 22 adjustment factor determined in subparagraph (A) and round off
line 23 the resulting product to the nearest tenth of a cent.
line 24 (C) Make its determination of the new rate no later than March
line 25 1 of the same year as the effective date of the new rate.
line 26 SEC. 19. Section 8352.4 of the Revenue and Taxation Code
line 27 is amended to read:
line 28 8352.4. (a) Subject to Sections 8352 and 8352.1, and except
line 29 as otherwise provided in subdivision (b), there shall be transferred
line 30 from the money deposited to the credit of the Motor Vehicle Fuel
line 31 Account to the Harbors and Watercraft Revolving Fund, for
line 32 expenditure in accordance with Division 1 (commencing with
line 33 Section 30) of the Harbors and Navigation Code, the sum of six
line 34 million six hundred thousand dollars ($6,600,000) per annum,
line 35 representing the amount of money in the Motor Vehicle Fuel
line 36 Account attributable to taxes imposed on distributions of motor
line 37 vehicle fuel used or usable in propelling vessels. The actual amount
line 38 shall be calculated using the annual reports of registered boats
line 39 prepared by the Department of Motor Vehicles for the United
line 40 States Coast Guard and the formula and method of the December
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line 1 1972 report prepared for this purpose and submitted to the
line 2 Legislature on December 26, 1972, by the Director of
line 3 Transportation. If the amount transferred during each fiscal year
line 4 is in excess of the calculated amount, the excess shall be
line 5 retransferred from the Harbors and Watercraft Revolving Fund to
line 6 the Motor Vehicle Fuel Account. If the amount transferred is less
line 7 than the amount calculated, the difference shall be transferred from
line 8 the Motor Vehicle Fuel Account to the Harbors and Watercraft
line 9 Revolving Fund. No adjustment shall be made if the computed
line 10 difference is less than fifty thousand dollars ($50,000), and the
line 11 amount shall be adjusted to reflect any temporary or permanent
line 12 increase or decrease that may be made in the rate under the Motor
line 13 Vehicle Fuel Tax Law. Payments pursuant to this section shall be
line 14 made prior to payments pursuant to Section 8352.2.
line 15 (b) (1) Commencing July 1, 2016, 2017, the revenues
line 16 attributable to the taxes imposed pursuant to subdivision (b) of
line 17 Section 7360 and Section 7361.1 and otherwise to be deposited in
line 18 the Harbors and Watercraft Revolving Fund pursuant to subdivision
line 19 (a) shall instead be transferred to the General Fund. The revenues
line 20 attributable to the taxes imposed Highway Users Tax Account for
line 21 distribution pursuant to subdivision (b) of Section 7360 and Section
line 22 7361.1 that were deposited in Section 2103.1 of the Harbors Streets
line 23 and Watercraft Revolving Fund in the 2010–11 and 2011–12 fiscal
line 24 years shall be transferred to the General Fund. Highways Code.
line 25 (2) Commencing July 1, 2017, the revenues attributable to the
line 26 taxes imposed pursuant to subparagraph (B) of paragraph (1) of
line 27 subdivision (a) of Section 7360 and otherwise to be deposited in
line 28 the Harbors and Watercraft Revolving Fund pursuant to
line 29 subdivision (a) shall instead be transferred to the Road
line 30 Maintenance and Rehabilitation Account pursuant to Section 2031
line 31 of the Streets and Highways Code.
line 32 SEC. 20. Section 8352.5 of the Revenue and Taxation Code
line 33 is amended to read:
line 34 8352.5. (a) (1) Subject to Sections 8352 and 8352.1, and
line 35 except as otherwise provided in subdivision (b), there shall be
line 36 transferred from the money deposited to the credit of the Motor
line 37 Vehicle Fuel Account to the Department of Food and Agriculture
line 38 Fund, during the second quarter of each fiscal year, an amount
line 39 equal to the estimate contained in the most recent report prepared
line 40 pursuant to this section.
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line 1 (2) The amounts are not subject to Section 6357 with respect
line 2 to the collection of sales and use taxes thereon, and represent the
line 3 portion of receipts in the Motor Vehicle Fuel Account during a
line 4 calendar year that were attributable to agricultural off-highway
line 5 use of motor vehicle fuel which is subject to refund pursuant to
line 6 Section 8101, less gross refunds allowed by the Controller during
line 7 the fiscal year ending June 30th 30 following the calendar year to
line 8 persons entitled to refunds for agricultural off-highway use
line 9 pursuant to Section 8101. Payments pursuant to this section shall
line 10 be made prior to payments pursuant to Section 8352.2.
line 11 (b) (1) Commencing July 1, 2016, 2017, the revenues
line 12 attributable to the taxes imposed pursuant to subdivision (b) of
line 13 Section 7360 and Section 7361.1 and otherwise to be deposited in
line 14 the Department of Food and Agriculture Fund pursuant to
line 15 subdivision (a) shall instead be transferred to the General Fund.
line 16 The revenues attributable to the taxes imposed Highway Users
line 17 Tax Account for distribution pursuant to subdivision (b) of Section
line 18 7360 and Section 7361.1 that were deposited in the Department
line 19 Section 2103.1 of Food and Agriculture Fund in the 2010–11
line 20 Streets and 2011–12 fiscal years shall be transferred to the General
line 21 Fund. Highways Code.
line 22 (2) Commencing July 1, 2017, the revenues attributable to the
line 23 taxes imposed pursuant to subparagraph (B) of paragraph (1) of
line 24 subdivision (a) of Section 7360 and otherwise to be deposited in
line 25 the Department of Food and Agriculture Fund pursuant to
line 26 subdivision (a) shall instead be transferred to the Road
line 27 Maintenance and Rehabilitation Account pursuant to Section 2031
line 28 of the Streets and Highways Code.
line 29 (c) On or before September 30, 2012, and on or before
line 30 September 30 of each even-numbered year thereafter, the Director
line 31 of Transportation and the Director of Food and Agriculture shall
line 32 jointly prepare, or cause to be prepared, a report setting forth the
line 33 current estimate of the amount of money in the Motor Vehicle
line 34 Fuel Account attributable to agricultural off-highway use of motor
line 35 vehicle fuel, which is subject to refund pursuant to Section 8101
line 36 less gross refunds allowed by the Controller to persons entitled to
line 37 refunds for agricultural off-highway use pursuant to Section 8101;
line 38 and they shall submit a copy of the report to the Legislature.
line 39 SEC. 21. Section 8352.6 of the Revenue and Taxation Code
line 40 is amended to read:
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line 1 8352.6. (a) (1) Subject to Section 8352.1, and except as
line 2 otherwise provided in paragraphs (2) and (3), on the first day of
line 3 every month, there shall be transferred from moneys deposited to
line 4 the credit of the Motor Vehicle Fuel Account to the Off-Highway
line 5 Vehicle Trust Fund created by Section 38225 of the Vehicle Code
line 6 an amount attributable to taxes imposed upon distributions of motor
line 7 vehicle fuel used in the operation of motor vehicles off highway
line 8 and for which a refund has not been claimed. Transfers made
line 9 pursuant to this section shall be made prior to transfers pursuant
line 10 to Section 8352.2.
line 11 (2) (A) Commencing July 1, 2016, 2017, the revenues
line 12 attributable to the taxes imposed pursuant to subdivision (b) of
line 13 Section 7360 and Section 7361.1 and otherwise to be deposited in
line 14 the Off-Highway Vehicle Trust Fund pursuant to paragraph (1)
line 15 shall instead be transferred to the General Fund. The revenues
line 16 attributable to the taxes imposed Highway Users Tax Account for
line 17 distribution pursuant to subdivision (b) of Section 7360 and Section
line 18 7361.1 that were deposited in Section 2103.1 of the Off-Highway
line 19 Vehicle Trust Fund in the 2010–11 Streets and 2011–12 fiscal
line 20 years shall be transferred to the General Fund. Highways Code.
line 21 (B) Commencing July 1, 2017, the revenues attributable to the
line 22 taxes imposed pursuant to subparagraph (B) of paragraph (1) of
line 23 subdivision (a) of Section 7360 and otherwise to be deposited in
line 24 the Off-Highway Vehicle Trust Fund pursuant to subdivision (a)
line 25 shall instead be transferred to the Road Maintenance and
line 26 Rehabilitation Account pursuant to Section 2031 of the Streets
line 27 and Highways Code.
line 28 (3) The Controller shall withhold eight hundred thirty-three
line 29 thousand dollars ($833,000) from the monthly transfer to the
line 30 Off-Highway Vehicle Trust Fund pursuant to paragraph (1), and
line 31 transfer that amount to the General Fund.
line 32 (b) The amount transferred to the Off-Highway Vehicle Trust
line 33 Fund pursuant to paragraph (1) of subdivision (a), as a percentage
line 34 of the Motor Vehicle Fuel Account, shall be equal to the percentage
line 35 transferred in the 2006–07 fiscal year. Every five years, starting
line 36 in the 2013–14 fiscal year, the percentage transferred may be
line 37 adjusted by the Department of Transportation in cooperation with
line 38 the Department of Parks and Recreation and the Department of
line 39 Motor Vehicles. Adjustments shall be based on, but not limited
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line 1 to, the changes in the following factors since the 2006–07 fiscal
line 2 year or the last adjustment, whichever is more recent:
line 3 (1) The number of vehicles registered as off-highway motor
line 4 vehicles as required by Division 16.5 (commencing with Section
line 5 38000) of the Vehicle Code.
line 6 (2) The number of registered street-legal vehicles that are
line 7 anticipated to be used off highway, including four-wheel drive
line 8 vehicles, all-wheel drive vehicles, and dual-sport motorcycles.
line 9 (3) Attendance at the state vehicular recreation areas.
line 10 (4) Off-highway recreation use on federal lands as indicated by
line 11 the United States Forest Service’s National Visitor Use Monitoring
line 12 and the United States Bureau of Land Management’s Recreation
line 13 Management Information System.
line 14 (c) It is the intent of the Legislature that transfers from the Motor
line 15 Vehicle Fuel Account to the Off-Highway Vehicle Trust Fund
line 16 should reflect the full range of motorized vehicle use off highway
line 17 for both motorized recreation and motorized off-road access to
line 18 other recreation opportunities. Therefore, the Legislature finds that
line 19 the fuel tax baseline established in subdivision (b), attributable to
line 20 off-highway estimates of use as of the 2006–07 fiscal year,
line 21 accounts for the three categories of vehicles that have been found
line 22 over the years to be users of fuel for off-highway motorized
line 23 recreation or motorized access to nonmotorized recreational
line 24 pursuits. These three categories are registered off-highway
line 25 motorized vehicles, registered street-legal motorized vehicles used
line 26 off highway, and unregistered off-highway motorized vehicles.
line 27 (d) It is the intent of the Legislature that the off-highway motor
line 28 vehicle recreational use to be determined by the Department of
line 29 Transportation pursuant to paragraph (2) of subdivision (b) be that
line 30 usage by vehicles subject to registration under Division 3
line 31 (commencing with Section 4000) of the Vehicle Code, for
line 32 recreation or the pursuit of recreation on surfaces where the use
line 33 of vehicles registered under Division 16.5 (commencing with
line 34 Section 38000) of the Vehicle Code may occur.
line 35 (e) In the 2014–15 fiscal year, the Department of Transportation,
line 36 in consultation with the Department of Parks and Recreation and
line 37 the Department of Motor Vehicles, shall undertake a study to
line 38 determine the appropriate adjustment to the amount transferred
line 39 pursuant to subdivision (b) and to update the estimate of the amount
line 40 attributable to taxes imposed upon distributions of motor vehicle
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line 1 fuel used in the operation of motor vehicles off highway and for
line 2 which a refund has not been claimed. The department shall provide
line 3 a copy of this study to the Legislature no later than January 1,
line 4 2016.
line 5 SEC. 22. Section 60050 of the Revenue and Taxation Code is
line 6 amended to read:
line 7 60050. (a) (1) A tax of eighteen thirteen cents ($0.18) ($0.13)
line 8 is hereby imposed upon each gallon of diesel fuel subject to the
line 9 tax in Sections 60051, 60052, and 60058.
line 10 (2) If the federal fuel tax is reduced below the rate of fifteen
line 11 cents ($0.15) per gallon and federal financial allocations to this
line 12 state for highway and exclusive public mass transit guideway
line 13 purposes are reduced or eliminated correspondingly, the tax rate
line 14 imposed by paragraph (1), including any reduction or adjustment
line 15 pursuant to subdivision (b), on and after the date of the reduction,
line 16 (1) shall be increased by an amount so that the combined state rate
line 17 under paragraph (1) and the federal tax rate per gallon equal what
line 18 it would have been in the absence of the federal reduction.
line 19 (3) If any person or entity is exempt or partially exempt from
line 20 the federal fuel tax at the time of a reduction, the person or entity
line 21 shall continue to be exempt under this section.
line 22 (b) (1) On July 1, 2011, the tax rate specified in paragraph (1)
line 23 of subdivision (a) shall be reduced to thirteen cents ($0.13) and
line 24 every July 1 thereafter shall be adjusted pursuant to paragraphs
line 25 (2) and (3).
line 26 (2) For the 2012–13 fiscal year and each fiscal year thereafter,
line 27 the board shall, on or before March 1 of the fiscal year immediately
line 28 preceding the applicable fiscal year, adjust the rate reduction in
line 29 paragraph (1) in that manner as to result in a revenue loss
line 30 attributable to paragraph (1) that will equal the amount of revenue
line 31 gain attributable to Sections 6051.8 and 6201.8, based on estimates
line 32 made by the board, and that rate shall be effective during the state’s
line 33 next fiscal year.
line 34 (3) In order to maintain revenue neutrality for each year,
line 35 beginning with the rate adjustment on or before March 1, 2013,
line 36 the adjustment under paragraph (2) shall take into account the
line 37 extent to which the actual amount of revenues derived pursuant to
line 38 Sections 6051.8 and 6201.8 and the revenue loss attributable to
line 39 this subdivision resulted in a net revenue gain or loss for the fiscal
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line 1 year ending prior to the rate adjustment date on or before March
line 2 1.
line 3 (4) The intent of paragraphs (2) and (3) is to ensure that the act
line 4 adding this subdivision and Sections 6051.8 and 6201.8 does not
line 5 produce a net revenue gain in state taxes.
line 6 (b) In addition to the tax imposed pursuant to subdivision (a),
line 7 an additional tax of twenty cents ($0.20) is hereby imposed upon
line 8 each gallon of diesel fuel subject to the tax in Sections 60051,
line 9 60052, and 60058.
line 10 (c) Beginning July 1, 2020, and every third year thereafter, the
line 11 State Board of Equalization shall recompute the rates of the taxes
line 12 imposed by this section. That computation shall be made as
line 13 follows:
line 14 (1) The Department of Finance shall transmit to the State Board
line 15 of Equalization the percentage change in the California Consumer
line 16 Price Index for all items from November of three calendar years
line 17 prior to November of the prior calendar year, no later than January
line 18 31, 2020, and January 31 of every third year thereafter.
line 19 (2) The State Board of Equalization shall do all of the following:
line 20 (A) Compute an inflation adjustment factor by adding 100
line 21 percent to the percentage change figure that is furnished pursuant
line 22 to paragraph (1) and dividing the result by 100.
line 23 (B) Multiply the preceding tax rate per gallon by the inflation
line 24 adjustment factor determined in subparagraph (A) and round off
line 25 the resulting product to the nearest tenth of a cent.
line 26 (C) Make its determination of the new rate no later than March
line 27 1 of the same year as the effective date of the new rate.
line 28 SEC. 23. Section 183.1 of the Streets and Highways Code is
line 29 amended to read:
line 30 183.1. (a) Notwithstanding subdivision (a) of Section 182 or
line 31 any other provision of law, Except as otherwise provided in Section
line 32 54237.7 of the Government Code, money deposited into the account
line 33 that is not subject to Article XIX of the California Constitution,
line 34 including, but not limited to, money that is derived from the sale
line 35 of documents, charges for miscellaneous services to the public,
line 36 condemnation deposits fund investments, rental of state property,
line 37 or any other miscellaneous uses of property or money, may be
line 38 used for any transportation purpose authorized by statute, upon
line 39 appropriation by the Legislature or, after transfer to another fund,
line 40 upon appropriation by the Legislature from that fund. shall be
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line 1 deposited in the Road Maintenance and Rehabilitation Account
line 2 created pursuant to Section 2031.
line 3 (b) Commencing with the 2013–14 fiscal year, and not later
line 4 than November 1 of each fiscal year thereafter, based on prior year
line 5 financial statements, the Controller shall transfer the funds
line 6 identified in subdivision (a) for the prior fiscal year from the State
line 7 Highway Account to the Transportation Debt Service Fund in the
line 8 State Transportation Fund, and those funds are continuously
line 9 appropriated for the purposes specified for the Transportation Debt
line 10 Service Fund.
line 11 SEC. 24. Section 820.1 is added to the Streets and Highways
line 12 Code, to read:
line 13 820.1. (a) The State of California consents to the jurisdiction
line 14 of the federal courts with regard to the compliance, discharge, or
line 15 enforcement of the responsibilities assumed by the department
line 16 pursuant to Section 326 of, and subsection (a) of Section 327 of,
line 17 Title 23 of the United States Code.
line 18 (b) In any action brought pursuant to the federal laws described
line 19 in subdivision (a), no immunity from suit may be asserted by the
line 20 department pursuant to the Eleventh Amendment to the United
line 21 States Constitution, and any immunity is hereby waived.
line 22 (c) The department shall not delegate any of its responsibilities
line 23 assumed pursuant to the federal laws described in subdivision (a)
line 24 to any political subdivision of the state or its instrumentalities.
line 25 (d) Nothing in this section affects the obligation of the
line 26 department to comply with state and federal law.
line 27 SEC. 25. Chapter 2 (commencing with Section 2030) is added
line 28 to Division 3 of the Streets and Highways Code, to read:
line 29
line 30 Chapter 2. Road Maintenance and Rehabilitation
line 31 Program
line 32
line 33 2030. (a) The Road Maintenance and Rehabilitation Program
line 34 is hereby created to address deferred maintenance on the state
line 35 highway system and the local street and road system. Funds made
line 36 available by the program shall be prioritized for expenditure on
line 37 basic road maintenance and road rehabilitation projects, and on
line 38 critical safety projects. For funds appropriated pursuant to
line 39 paragraph (1) of subdivision (d) of Section 2032, the California
line 40 Transportation Commission shall adopt performance criteria,
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line 1 consistent with the asset management plan required pursuant to
line 2 14526.4 of the Government Code, to ensure efficient use of the
line 3 funds available for these purposes in the program.
line 4 (b) (1) Funds made available by the program shall be used for
line 5 projects that include, but are not limited to, the following:
line 6 (A) Road maintenance and rehabilitation.
line 7 (B) Safety projects.
line 8 (C) Railroad grade separations.
line 9 (D) Complete street components, including active transportation
line 10 purposes, pedestrian and bicycle safety projects, transit facilities,
line 11 and drainage and stormwater capture projects in conjunction with
line 12 any other allowable project.
line 13 (E) Traffic control devices.
line 14 (2) Funds made available by the program may also be used to
line 15 satisfy a match requirement in order to obtain state or federal funds
line 16 for projects authorized by this subdivision.
line 17 2031. The following revenues shall be deposited in the Road
line 18 Maintenance and Rehabilitation Account, which is hereby created
line 19 in the State Transportation Fund:
line 20 (a) Notwithstanding subdivision (b) of Section 2103, the portion
line 21 of the revenues in the Highway Users Tax Account attributable to
line 22 the increases in the motor vehicle fuel excise tax pursuant to
line 23 subparagraph (B) of paragraph (1) of subdivision (a) of Section
line 24 7360 of the Revenue and Taxation Code, as adjusted pursuant to
line 25 subdivision (c) of that section.
line 26 (b) The portion of revenues attributable to the increase in the
line 27 motor vehicle fuel excise tax pursuant to subparagraph (B) of
line 28 paragraph (1) of subdivision (a) of Section 7360 of the Revenue
line 29 and Taxation Code, as adjusted pursuant to subdivision (c) of that
line 30 section, and designated for the Road Maintenance and
line 31 Rehabilitation Account pursuant to paragraph (2) of subdivision
line 32 (b) of Section 8352.4 of, paragraph (2) of subdivision (b) of Section
line 33 8352.5 of, and subparagraph (B) paragraph (2) of subdivision (a)
line 34 of Section 8352.6 of, that code.
line 35 (c) The revenues from the increase in the vehicle registration
line 36 fee pursuant to Section 9250.3 of the Vehicle Code, as adjusted
line 37 pursuant to subdivision (b) of that section.
line 38 (d) The revenues from the increase in the vehicle registration
line 39 fee pursuant to Section 9250.6 of the Vehicle Code, as adjusted
line 40 pursuant to subdivision (b) of that section.
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line 1 (e) The revenues deposited in the account pursuant to Section
line 2 183.1 of the Streets and Highways Code.
line 3 (f) Any other revenues designated for the program.
line 4 2031.5. Each fiscal year the annual Budget Act shall contain
line 5 an appropriation from the Road Maintenance and Rehabilitation
line 6 Account to the Controller for the costs of carrying out his or her
line 7 duties pursuant to this chapter and to the California Transportation
line 8 Commission for the costs of carrying out its duties pursuant to this
line 9 chapter and Section 14526.7 of the Government Code.
line 10 2032. (a) (1) After deducting the amounts appropriated in the
line 11 annual Budget Act, as provided in Section 2031.5, two hundred
line 12 million dollars ($200,000,000) of the remaining revenues deposited
line 13 in the Road Maintenance and Rehabilitation Account shall be set
line 14 aside annually for counties that have sought and received voter
line 15 approval of taxes or that have imposed fees, including uniform
line 16 developer fees as defined by subdivision (b) of Section 8879.67
line 17 of the Government Code, which taxes or fees are dedicated solely
line 18 to transportation improvements. The Controller shall each month
line 19 set aside one-twelfth of this amount, to accumulate a total of two
line 20 hundred million dollars ($200,000,000) in each fiscal year.
line 21 (2) Notwithstanding Section 13340 of the Government Code,
line 22 the funds available under this subdivision in each fiscal year are
line 23 hereby continuously appropriated for allocation to each eligible
line 24 county and each city in the county for road maintenance and
line 25 rehabilitation purposes pursuant to Section 2033.
line 26 (b) (1) After deducting the amounts appropriated in the annual
line 27 Budget Act pursuant to Section 2031.5 and the amount allocated
line 28 in subdivision (a), beginning in the 2017–18 fiscal year, eighty
line 29 million dollars ($80,000,000) of the remaining revenues shall be
line 30 transferred annually to the State Highway Account for expenditure,
line 31 upon appropriation by the Legislature, on the Active Transportation
line 32 Program created pursuant to Chapter 8 (commencing with Section
line 33 2380) of Division 3 to be allocated by the California Transportation
line 34 Commission pursuant to Section 2381.
line 35 (2) In addition to the funds transferred in paragraph (1), the
line 36 department shall annually identify savings achieved through
line 37 efficiencies implemented at the department. The department,
line 38 through the annual budget process, shall propose, from the
line 39 identified savings, an appropriation to be included in the annual
line 40 Budget Act of up to seventy million dollars ($70,000,000), but not
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line 1 to exceed the total annual identified savings, from the State
line 2 Highway Account for expenditure on the Active Transportation
line 3 Program.
line 4 (c) After deducting the amounts appropriated in the annual
line 5 Budget Act pursuant to Section 2031.5, the amount allocated in
line 6 subdivision (a) and the amount transferred in paragraph (1) of
line 7 subdivision (b), in the 2017–18, 2018–19, 2019–20, and 2020–21
line 8 fiscal years, the sum of thirty million dollars ($30,000,000) in each
line 9 fiscal year from the remaining revenues shall be transferred to the
line 10 Advance Mitigation Fund in the State Transportation Fund created
line 11 pursuant to Section 21207 of the Public Resources Code.
line 12 (d) After deducting the amounts appropriated in the annual
line 13 Budget Act pursuant to Section 2031.5, the amount allocated in
line 14 subdivision (a), and the amounts transferred in paragraph (1) of
line 15 subdivision (b) and in subdivision (c), beginning in the 2017–18
line 16 fiscal year and each fiscal year thereafter, and notwithstanding
line 17 Section 13340 of the Government Code, there is hereby
line 18 continuously appropriated to the California State University the
line 19 sum of two million dollars ($2,000,000) from the remaining
line 20 revenues for the purpose of conducting transportation research and
line 21 transportation-related workforce education, training, and
line 22 development. Prior to the start of each fiscal year, the chairs of the
line 23 Assembly Committee on Transportation and the Senate Committee
line 24 on Transportation and Housing shall confer and set out a
line 25 recommended priority list of research components to be addressed
line 26 in the upcoming fiscal year.
line 27 (e) Notwithstanding Section 13340 of the Government Code,
line 28 the balance of the revenues deposited in the Road Maintenance
line 29 and Rehabilitation Account are hereby continuously appropriated
line 30 as follows:
line 31 (1) Fifty percent for allocation to the department for maintenance
line 32 of the state highway system or for purposes of the state highway
line 33 operation and protection program.
line 34 (2) Fifty percent for apportionment to cities and counties by the
line 35 Controller pursuant to the formula in clauses (i) and (ii) of
line 36 subparagraph (C) of paragraph (3) of subdivision (a) of Section
line 37 2103 for the purposes authorized by this chapter.
line 38 2033. (a) On or before January 1, 2018, the commission, in
line 39 cooperation with the department, transportation planning agencies,
line 40 county transportation commissions, and other local agencies, shall
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line 1 develop guidelines for the allocation of funds pursuant to
line 2 subdivision (a) of Section 2032.
line 3 (b) The guidelines shall be the complete and full statement of
line 4 the policy, standards, and criteria that the commission intends to
line 5 use to determine how these funds will be allocated.
line 6 (c) The commission may amend the adopted guidelines after
line 7 conducting at least one public hearing.
line 8 2034. (a) (1) Prior to receiving an apportionment of funds
line 9 under the program pursuant to paragraph (2) of subdivision (e) of
line 10 Section 2032 from the Controller in a fiscal year, an eligible city
line 11 or county shall submit to the commission a list of projects proposed
line 12 to be funded with these funds pursuant to an adopted city or county
line 13 budget. All projects proposed to receive funding shall be included
line 14 in a city or county budget that is adopted by the applicable city
line 15 council or county board of supervisors at a regular public meeting.
line 16 The list of projects proposed to be funded with these funds shall
line 17 include a description and the location of each proposed project, a
line 18 proposed schedule for the project’s completion, and the estimated
line 19 useful life of the improvement. The project list shall not limit the
line 20 flexibility of an eligible city or county to fund projects in
line 21 accordance with local needs and priorities so long as the projects
line 22 are consistent with subdivision (b) of Section 2030.
line 23 (2) The commission shall report to the Controller the cities and
line 24 counties that have submitted a list of projects as described in this
line 25 subdivision and that are therefore eligible to receive an
line 26 apportionment of funds under the program for the applicable fiscal
line 27 year. The Controller, upon receipt of the report, shall apportion
line 28 funds to eligible cities and counties.
line 29 (b) For each fiscal year, each city or county receiving an
line 30 apportionment of funds shall, upon expending program funds,
line 31 submit documentation to the commission that includes a description
line 32 and location of each completed project, the amount of funds
line 33 expended on the project, the completion date, and the estimated
line 34 useful life of the improvement.
line 35 2036. (a) Cities and counties shall maintain their existing
line 36 commitment of local funds for street, road, and highway purposes
line 37 in order to remain eligible for an allocation or apportionment of
line 38 funds pursuant to Section 2032.
line 39 (b) In order to receive an allocation or apportionment pursuant
line 40 to Section 2032, the city or county shall annually expend from its
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line 1 general fund for street, road, and highway purposes an amount not
line 2 less than the annual average of its expenditures from its general
line 3 fund during the 2009–10, 2010–11, and 2011–12 fiscal years, as
line 4 reported to the Controller pursuant to Section 2151. For purposes
line 5 of this subdivision, in calculating a city’s or county’s annual
line 6 general fund expenditures and its average general fund expenditures
line 7 for the 2009–10, 2010–11, and 2011–12 fiscal years, any
line 8 unrestricted funds that the city or county may expend at its
line 9 discretion, including vehicle in-lieu tax revenues and revenues
line 10 from fines and forfeitures, expended for street, road, and highway
line 11 purposes shall be considered expenditures from the general fund.
line 12 One-time allocations that have been expended for street and
line 13 highway purposes, but which may not be available on an ongoing
line 14 basis, including revenue provided under the Teeter Plan Bond Law
line 15 of 1994 (Chapter 6.6 (commencing with Section 54773) of Part 1
line 16 of Division 2 of Title 5 of the Government Code), may not be
line 17 considered when calculating a city’s or county’s annual general
line 18 fund expenditures.
line 19 (c) For any city incorporated after July 1, 2009, the Controller
line 20 shall calculate an annual average expenditure for the period
line 21 between July 1, 2009, and December 31, 2015, inclusive, that the
line 22 city was incorporated.
line 23 (d) For purposes of subdivision (b), the Controller may request
line 24 fiscal data from cities and counties in addition to data provided
line 25 pursuant to Section 2151, for the 2009–10, 2010–11, and 2011–12
line 26 fiscal years. Each city and county shall furnish the data to the
line 27 Controller not later than 120 days after receiving the request. The
line 28 Controller may withhold payment to cities and counties that do
line 29 not comply with the request for information or that provide
line 30 incomplete data.
line 31 (e) The Controller may perform audits to ensure compliance
line 32 with subdivision (b) when deemed necessary. Any city or county
line 33 that has not complied with subdivision (b) shall reimburse the state
line 34 for the funds it received during that fiscal year. Any funds withheld
line 35 or returned as a result of a failure to comply with subdivision (b)
line 36 shall be reapportioned to the other counties and cities whose
line 37 expenditures are in compliance.
line 38 (f) If a city or county fails to comply with the requirements of
line 39 subdivision (b) in a particular fiscal year, the city or county may
line 40 expend during that fiscal year and the following fiscal year a total
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line 1 amount that is not less than the total amount required to be
line 2 expended for those fiscal years for purposes of complying with
line 3 subdivision (b).
line 4 2037. A city or county may spend its apportionment of funds
line 5 under the program on transportation priorities other than those
line 6 allowable pursuant to this chapter if the city’s or county’s average
line 7 Pavement Condition Index meets or exceeds 80.
line 8 2038. (a) The department and local agencies, as a condition
line 9 of receiving funds from the program, shall adopt and implement
line 10 a program designed to promote and advance construction
line 11 employment and training opportunities through preapprenticeship
line 12 opportunities, either by the public agency itself or through
line 13 contractors engaged by the public agencies to do work funded in
line 14 whole or in part by funds made available by the program.
line 15 (b) The department and local agencies, as a condition of
line 16 receiving funds from the program, shall ensure the involvement
line 17 of the California Conservation Corps and certified community
line 18 conservation corps in the delivery of projects and services funded
line 19 in whole or in part by funds made available by the program.
line 20 SEC. 26. Section 2103.1 is added to the Streets and Highways
line 21 Code, to read:
line 22 2103.1. (a) Notwithstanding Section 2103, the revenues
line 23 transferred to the Highway Users Tax Account pursuant to Sections
line 24 8352.4, 8352.5, and 8352.6 of the Revenue and Taxation Code
line 25 shall be distributed pursuant to the formula in paragraph (3) of
line 26 subdivision (a) of Section 2103.
line 27 (b) Notwithstanding subdivision (b) of Section 2103, the portion
line 28 of revenues in the Highway Users Tax Account attributable to the
line 29 increases in the motor vehicle fuel excise tax pursuant to
line 30 subparagraph (B) of paragraph (1) of subdivision (a) of Section
line 31 7360 of the Revenue and Taxation Code, as adjusted pursuant to
line 32 subdivision (c) of that section, shall be transferred to the Road
line 33 Maintenance and Rehabilitation Account pursuant to Section 2031.
line 34 (c) Notwithstanding subdivision (b) of Section 2103, the portion
line 35 of revenues in the Highway Users Tax Account attributable to the
line 36 increase in the diesel fuel excise tax pursuant to subdivision (b)
line 37 of Section 60050 of the Revenue and Taxation Code, as adjusted
line 38 pursuant to subdivision (c) of that section, shall be transferred to
line 39 the Trade Corridors Improvement Fund pursuant to Section 2192.4.
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line 1 SEC. 27. Section 2192 of the Streets and Highways Code is
line 2 amended to read:
line 3 2192. (a) (1) The Trade Corridors Improvement Fund, created
line 4 pursuant to subdivision (c) of Section 8879.23 of the Government
line 5 Code, is hereby continued in existence to receive revenues from
line 6 state sources other than the Highway Safety, Traffic Reduction,
line 7 Air Quality, and Port Security Bond Act of 2006. This chapter
line 8 shall govern expenditure of those other revenues.
line 9 (2) Revenues apportioned to the state under Section 167 of Title
line 10 23 of the United States Code from the national highway freight
line 11 program, pursuant to the federal Fixing America’s Surface
line 12 Transportation Act (“FAST Act,” Public Law 114-94) shall be
line 13 allocated for projects approved pursuant to this chapter.
line 14 (b) This chapter shall govern the expenditure of those state and
line 15 federal revenues described in subdivision (a).
line 16 (b) The moneys in the fund from these other sources
line 17 (c) The funding described in subdivision (a) shall be available
line 18 upon appropriation for allocation by the California Transportation
line 19 Commission for infrastructure improvements in this state on
line 20 federally designated Trade Corridors of National and Regional
line 21 Significance, on the Primary Freight Network, and along other
line 22 corridors that have a high volume of freight movement, as
line 23 determined by the commission. commission and as identified in
line 24 the state freight plan developed and adopted pursuant to Section
line 25 13978.8 of the Government Code. In determining prioritizing the
line 26 projects eligible for funding, the commission shall consult the
line 27 Transportation Agency’s state freight plan as described in Section
line 28 13978.8 of the Government Code, the State Air Resources Board’s
line 29 Sustainable Freight Strategy adopted by Resolution 14-2, and the
line 30 trade infrastructure and goods movement plan submitted to the
line 31 commission by the Secretary of Transportation and the Secretary
line 32 for Environmental Protection. The commission shall also consult
line 33 California Sustainable Freight Action Plan released in July 2016
line 34 pursuant to Executive Order B-32-15, trade infrastructure and
line 35 goods movement plans adopted by regional transportation planning
line 36 agencies, adopted regional transportation plans required by state
line 37 and federal law, and the statewide applicable port master plan
line 38 when determining eligible projects for funding. plan. Eligible
line 39 projects for the funding described in subdivision (a) shall further
line 40 the state’s economic, environmental, and public health objectives
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line 1 and goals for freight policy, as articulated in the plans to be
line 2 consulted pursuant to this subdivision. Eligible projects for these
line 3 funds include, but are not limited to, all of the following: are as
line 4 follows:
line 5 (1) Highway Highway, local road, and rail capital and capacity
line 6 improvements, rail landside access improvements, landside freight
line 7 access improvements to airports, seaports, and land ports, and
line 8 operational improvements to more efficiently accommodate the
line 9 movement of freight, particularly for ingress and egress to and
line 10 from the state’s land ports of entry entry, rail terminals, and
line 11 seaports, including navigable inland waterways used to transport
line 12 freight between seaports, land ports of entry, and airports, and to
line 13 relieve traffic congestion along major trade or goods movement
line 14 corridors.
line 15 (2) Freight rail system improvements to enhance the ability to
line 16 move goods from seaports, land ports of entry, and airports to
line 17 warehousing and distribution centers throughout California,
line 18 including projects that separate rail lines from highway or local
line 19 road traffic, improve freight rail mobility through mountainous
line 20 regions, relocate rail switching yards, and other projects that
line 21 improve the efficiency and capacity of the rail freight system.
line 22 (3) Projects to enhance the capacity and efficiency of ports.
line 23 (3) Infrastructure improvement projects to enhance the capacity
line 24 and efficiency of ports without having the effect of displacing
line 25 workers in port operations.
line 26 (4) Truck corridor and capital and operational improvements,
line 27 including including, but not limited to, dedicated truck facilities
line 28 or truck toll facilities.
line 29 (5) Border access capital and operational improvements that
line 30 enhance goods movement between California and Mexico and that
line 31 maximize the state’s ability to access coordinated border
line 32 infrastructure funds made available to the state by federal law.
line 33 (6) Surface transportation and connector road capital and
line 34 operational improvements to effectively facilitate the movement
line 35 of goods, particularly for ingress and egress to and from the state’s
line 36 land ports of entry, airports, and seaports, to relieve traffic
line 37 congestion along major trade or goods movement corridors.
line 38 (c) (1) The
line 39 (d) (1) Except as provided in paragraph (2), In evaluating the
line 40 program of projects to be funded with funds described in paragraph
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line 1 (2) of subdivision (a), the commission shall evaluate the total
line 2 potential economic and noneconomic benefits of the program of
line 3 projects to California’s economy, environment, and public health.
line 4 The commission shall consult with the agencies identified in
line 5 Executive Order B-32-15 and metropolitan planning organizations
line 6 in order to utilize the appropriate models, techniques, and methods
line 7 to develop the parameters for evaluating the program of projects.
line 8 The commission shall allocate funds the funding described in
line 9 paragraph (2) of subdivision (a) for trade infrastructure
line 10 improvements from the fund consistent with Section 8879.52 of
line 11 the Government Code and the Trade Corridors Improvement Fund
line 12 (TCIF) Guidelines adopted by the commission on November 27,
line 13 2007, or as amended by the commission, and in a manner that (A)
line 14 addresses the state’s most urgent needs, (B) balances the demands
line 15 of various land ports of entry, seaports, and airports, (C) provides
line 16 reasonable geographic balance between the state’s regions, and
line 17 (D) places emphasis on projects that improve trade corridor
line 18 mobility and safety while reducing emissions of diesel particulate
line 19 and other pollutant emissions. emissions and reducing other
line 20 negative community impacts, and (E) makes a significant
line 21 contribution to the state’s economy.
line 22 (2) The commission shall allocate the federal freight funding,
line 23 specifically, pursuant to the original TCIF Guidelines, as adopted
line 24 by the commission on November 27, 2007, and in the manner
line 25 described in (A) to (E), inclusive, of paragraph (1).
line 26 (A) One hundred fifty million dollars ($150,000,000) shall be
line 27 dedicated exclusively to fund improvements to California’s existing
line 28 or planned land ports of entry on the border with Mexico. The
line 29 department, in consultation with the San Diego Association of
line 30 Governments and the Imperial County Transportation Commission,
line 31 shall nominate a program of projects for funding allocations that
line 32 make border capital and operational improvements to enhance
line 33 goods movement between California and Mexico and contribute
line 34 to the reduction of emissions.
line 35 (B) Seventy million dollars ($70,000,000) shall be dedicated
line 36 exclusively to fund projects for the elimination, alteration, or
line 37 improvement of hazardous railroad-highway grade crossings.
line 38 Projects shall be jointly nominated by the department and a
line 39 regional transportation agency.
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line 1 (C) Three hundred sixty million dollars ($360,000,000) shall
line 2 be available for projects nominated by regional transportation
line 3 agencies and other public agencies, including counties, cities, and
line 4 port authorities, in consultation with the department, and consistent
line 5 with corridor-based programming targets contained in the Trade
line 6 Corridors Investment Fund (TCIF) Guidelines adopted by the
line 7 commission on November 27, 2007, or as amended by the
line 8 commission, to provide reasonable geographic targets for funding
line 9 allocations without constraining what an agency may propose or
line 10 what the commission may approve. However, the San Diego
line 11 Association of Governments, the Imperial County Transportation
line 12 Commission, and other public agencies in San Diego and Imperial
line 13 Counties shall be excluded from nominating projects under this
line 14 subparagraph.
line 15 (2) The commission shall proportionately adjust the amounts
line 16 in subparagraphs (A), (B), and (C) of paragraph (1) if the amount
line 17 of funds described in paragraph (2) of subdivision (a) is less than
line 18 or greater than five hundred eighty million dollars ($580,000,000).
line 19 (3) The commission shall adopt guidelines to allocate the
line 20 funding described in subdivision (a) for trade infrastructure
line 21 improvements in a manner that (A) addresses the state’s most
line 22 urgent needs, (B) balances the demands of various land ports of
line 23 entry, seaports, and airports, (C) provides reasonable geographic
line 24 balance between the state’s regions, (D) places emphasis on
line 25 projects that improve trade corridor mobility and safety while
line 26 reducing emissions of diesel particulates, greenhouse gases, and
line 27 other pollutants and reducing other negative community impacts,
line 28 and (E) makes a significant contribution to the state’s economy.
line 29 The commission shall adopt any amendments to the 2007 guidelines
line 30 on or before April 1, 2017.
line 31 (4) In adopting amended guidelines, and developing and
line 32 adopting the program of projects, the commission shall do all of
line 33 the following:
line 34 (A) Accept nominations for projects to be included in the
line 35 program of projects from regional and local transportation
line 36 agencies and the department.
line 37 (B) Recognize the key role of the state in project identification
line 38 and support integrating statewide goods movement priorities into
line 39 the corridor approach.
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line 1 (C) Give the highest priority for funding allocations to projects
line 2 jointly nominated by the department and a regional or other public
line 3 agency.
line 4 (3)
line 5 (5) In addition, the commission shall also consider the following
line 6 factors when allocating these funds: funds under this section:
line 7 (A) “Velocity,” which means the speed by which large cargo
line 8 would travel from the land port of entry or seaport through the
line 9 distribution system.
line 10 (B) “Throughput,” which means the volume of cargo that would
line 11 move from the land port of entry or seaport through the distribution
line 12 system.
line 13 (C) “Reliability,” which means a reasonably consistent and
line 14 predictable amount of time for cargo to travel from one point to
line 15 another on any given day or at any given time in California.
line 16 (D) “Congestion reduction,” which means the reduction in
line 17 recurrent daily hours of delay to be achieved.
line 18 SEC. 28. Section 2192.2 of the Streets and Highways Code is
line 19 amended to read:
line 20 2192.2. The commission shall allocate funds made available
line 21 by this chapter to projects that have identified and committed
line 22 supplemental funding from appropriate local, federal, or private
line 23 sources. The commission shall determine the appropriate amount
line 24 of supplemental funding each project should have to be eligible
line 25 for moneys from the fund based on a project-by-project review
line 26 and an assessment of the project’s benefit to the state and the
line 27 program. Except for border access Funded improvements described
line 28 in paragraph (5) of subdivision (b) of Section 2192, improvements
line 29 funded with moneys from the fund shall have supplemental funding
line 30 that is at least equal to the amount of the contribution from the
line 31 fund. under this chapter. The commission may give priority for
line 32 funding to projects with higher levels of committed supplemental
line 33 funding.
line 34 SEC. 29. Section 2192.4 is added to the Streets and Highways
line 35 Code, to read:
line 36 2192.4. The portion of the revenues in the Highway Users Tax
line 37 Account attributable to the increase in the diesel fuel excise tax
line 38 pursuant to subdivision (b) of Section 60050 of the Revenue and
line 39 Taxation Code, as adjusted pursuant to subdivision (c) of that
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line 1 section, shall be transferred to the Trade Corridors Improvement
line 2 Fund.
line 3 SEC. 30. Section 9250.3 is added to the Vehicle Code, to read:
line 4 9250.3. (a) In addition to any other fees specified in this code
line 5 or the Revenue and Taxation Code, commencing October 1, 2017,
line 6 a registration fee of thirty-eight dollars ($38) shall be paid to the
line 7 department for registration or renewal of registration of every
line 8 vehicle subject to registration under this code, except those vehicles
line 9 that are expressly exempted under this code from payment of
line 10 registration fees.
line 11 (b) Beginning October 1, 2020, and every third year thereafter,
line 12 the Department of Motor Vehicles shall adjust the fee imposed
line 13 under this section for inflation in an amount equal to the change
line 14 in the California Consumer Price Index for the prior three-year
line 15 period, as calculated by the Department of Finance, with amounts
line 16 equal to or greater than fifty cents ($0.50) rounded to the next
line 17 highest whole dollar.
line 18 (c) Revenues from the fee, after the deduction of the
line 19 department’s administrative costs related to this section, shall be
line 20 deposited in the Road Maintenance and Rehabilitation Account
line 21 created pursuant to Section 2031 of the Streets and Highways
line 22 Code.
line 23 SEC. 31. Section 9250.6 is added to the Vehicle Code, to read:
line 24 9250.6. (a) In addition to any other fees specified in this code,
line 25 or the Revenue and Taxation Code, commencing October 1, 2017,
line 26 a registration fee of one hundred dollars ($100) shall be paid to
line 27 the department for registration or renewal of registration of every
line 28 zero-emission motor vehicle subject to registration under this code,
line 29 except those motor vehicles that are expressly exempted under
line 30 this code from payment of registration fees.
line 31 (b) Beginning October 1, 2020, and every third year thereafter,
line 32 the Department of Motor Vehicles shall adjust the fee imposed
line 33 under this section for inflation in an amount equal to the change
line 34 in the California Consumer Price Index for the prior three-year
line 35 period, as calculated by the Department of Finance, with amounts
line 36 equal to or greater than fifty cents ($0.50) rounded to the next
line 37 highest whole dollar.
line 38 (c) Revenues from the fee, after deduction of the department’s
line 39 administrative costs related to this section, shall be deposited in
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line 1 the Road Maintenance and Rehabilitation Account created pursuant
line 2 to Section 2031 of the Streets and Highways Code.
line 3 (d) This section does not apply to a commercial motor vehicle
line 4 subject to Section 9400.1.
line 5 (e) The registration fee required pursuant to this section does
line 6 not apply to the initial registration after the purchase of a new
line 7 zero-emission motor vehicle.
line 8 (f) For purposes of this section, “zero-emission motor vehicle”
line 9 means a motor vehicle as described in subdivisions (c) and (d) of
line 10 Section 44258 of the Health and Safety Code, or any other motor
line 11 vehicle that is able to operate on any fuel other than gasoline or
line 12 diesel fuel.
line 13 SEC. 32. Section 9400.5 is added to the Vehicle Code, to read:
line 14 9400.5. (a) Notwithstanding Sections 9400.1, 9400.4, and
line 15 42205 of this code, Sections 16773 and 16965 of the Government
line 16 Code, Section 2103 of the Streets and Highways Code, or any
line 17 other law, weight fee revenues shall only be transferred consistent
line 18 with the schedule provided in subdivision (b) from the State
line 19 Highway Account to the Transportation Debt Service Fund, the
line 20 Transportation Bond Direct Payment Account, or any other fund
line 21 or account for the purpose of payment of the debt service on
line 22 transportation general obligation bonds and shall not be loaned to
line 23 the General Fund.
line 24 (b) (1) The transfer of weight fee revenues, after deduction of
line 25 collection costs, from the State Highway Account pursuant to
line 26 subdivision (a) shall not exceed:
line 27 (A) Ninety percent of the total weight fees in the 2017–18 fiscal
line 28 year.
line 29 (B) Eighty percent of the total weight fees in the 2018–19 fiscal
line 30 year.
line 31 (C) Seventy percent of the total weight fees in the 2019–20
line 32 fiscal year.
line 33 (D) Sixty percent of the total weight fees in the 2020–21 fiscal
line 34 year.
line 35 (E) Fifty percent of the total weight fees in 2021–22 and
line 36 subsequent fiscal years.
line 37 (2) The California Transportation Commission, on or before
line 38 January 1, 2018, shall recommend a course of action to the
line 39 Legislature and the Governor that would provide for the portion
line 40 of weight fees described in subparagraph (E) of paragraph (1) to
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line 1 be retained in the State Highway Account or transferred to the
line 2 Road Maintenance and Rehabilitation Account created pursuant
line 3 to Section 2031.
line 4 SEC. 33. The increases in tax rates in Sections 6051.8, 6201.8,
line 5 7360, and 60050 of the Revenue and Taxation Code, as amended
line 6 by this act, shall become effective on July 1, 2017.
line 7 SEC. 34. This act is an urgency statute necessary for the
line 8 immediate preservation of the public peace, health, or safety within
line 9 the meaning of Article IV of the Constitution and shall go into
line 10 immediate effect. The facts constituting the necessity are:
line 11 In order to provide additional funding for road maintenance and
line 12 rehabilitation purposes as quickly as possible, it is necessary for
line 13 this act to take effect immediately.
line 14
line 15
CORRECTIONS: line 16
Heading—Line 3. line 17
line 18
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-2116 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:10/24/2016 City Council
On agenda:Final action:1/24/2017
Title:Subject: Citywide Parks, Open Space and Recreation Master Plan agreement for consultant services
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Parks and Rec Commission Minutes
B - Draft Agreement
Action ByDate Action ResultVer.
City Council1/24/20171
Subject:CitywideParks,OpenSpaceandRecreationMasterPlanagreementforconsultant
services
AuthorizetheCityManagertonegotiateandexecuteaconsultantservicesagreementfor
preparationoftheCitywideParks,OpenSpaceandRecreationMasterPlanforafeenotto
exceed$210,000andauthorizeacontingencyallowanceanticipatedtobe$40,000andsubject
to approval of the City Manager.
CITY OF CUPERTINO Printed on 1/18/2017Page 1 of 1
powered by Legistar™252
RECREATION AND COMMUNITY SERVICES DEPARTMENT
QUINLAN COMMUNITY CENTER
10 10185 NORTH STELLING ROAD • CUPERTINO, CA 95014-5733
TELEPHONE: (408) 777-3120 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: January 24, 2017
Subject
Citywide Parks, Open Space and Recreation Master Plan, agreement for consultant
services
Recommendation
Authorize the City Manager to negotiate and execute a consultant services agreement
for preparation of the Citywide Parks, Open Space and Recreation Master Plan for a fee
not to exceed $210,000 and authorize a contingency allowance of $40,000 subject to
approval of the City Manager.
Background
The Citywide Parks, Open Space and Recreation Master Plan (“Master Plan”) is a
funded project included in the city’s current Capital Improvement Program. This
project will prepare a citywide master plan to address the city’s long-term needs and
goals for parks, recreation and open space. The objectives of the process include
identifying the values of the community, providing a citywide vision for park and
recreation facilities, establishing priorities for implementation, and developing a
strategic direction for future improvements and a funding strategy.
In summer 2015, a consultant selection process was conduct ed using a Request for
Proposals procedure. The top two firms that submitted proposals were interviewed by
a panel which included a member of the Parks and Recreation Commission and senior
staff from several departments. The panel’s top choice firm was Royston Hanamoto
Alley & Abey (RHAA). In August 2015 the City Council authorized execution of a
consultant services agreement with RHAA. Services commenced in September 2015
after the agreement was executed.
Between September and April 2016, the RHAA team evaluated background information
and reviewed the city’s parks and facilities. Reports were prepared on topics such as
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demographics and recreation trends. A public outreach process was launched in spring
2016 including a multi-month community-wide survey which continued into summer.
The Parks and Recreation Commission has been very actively involved in the master
planning process from the start. The entire Commission provides continuing oversight,
and serves as the advisory body as well as an ongoing venue for public input.
Commissioners have further engaged with the community by staffing ‘intercept’ booths
at city events to help publicize the master plan and encourage public participation.
Two of the commissioners participate in the city project team meetings and assist in
detail in guiding the project progress.
Discussion
Progress on the Master Plan has been slower than anticipated during the several
months. The consultant firm experienced ongoing staffing issues for many months,
including the extended absence of key personnel, which detrimentally affected this
assignment. Meanwhile it became clear that the consultant’s approach to providing
services and deliverables has not met the objectives of the project team. The content,
style, and organization of work tasks has not met the City’s expectations. This issue
was discussed with the consultant and the city project team. The consultant’s
improvement efforts to date have not been satisfactory and the city team has concluded
that the services agreement should be ended.
Prior to making a recommendation to move forward, staff conducted research to
explore alternatives for proceeding. In particular, staff reviewed Parks and Recreation
Master Plans of similar sized cities that won the prestigious Gold Medal award from the
National Parks and Recreation Association and have recent park and recreation master
plans. Two firms stood out as having prepared outstanding master plans for such cities.
The first firm, Moore Iacofano Goltsman (MIG), creates high quality master plan work.
This firm has extensive California experience, has ample recent local experience, and
while the group specializing in parks planning is located in the Portland Oregon office,
the firm has nearby offices in San Jose. They were also highly ranked as one of the top
two firms in the selection process last year for our Master Plan. They were deemed
very well qualified and a strong choice. The second strong firm (Pros Consulting) has
extensive experience in the Midwest and is based there. However their experience in
northern California is limited, and they would partner with a local landscape
architecture firm to provide local knowledge and presence, thereby increasing costs.
A third firm (GreenPlay) had prepared good plans, but once again is based out of state.
Their experience was most extensive in the Rocky Mountain States and Midwest, and
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would also require a California partner. There is no assurance that fees for the out of
state firms could remain within the current budget for services, and neither one has
significant recent master planning experience in our region. Staff also reached out to a
well-regarded local firm that was recently interviewed for a nearby city’s similar
process, but that did not submit a proposal to us last year. However this firm lacks
recent citywide park planning experience.
Staff took this information to the Parks and Recreation Commission on October 25 ,
2016. The Commission voted in favor of the staff recommendation to conclude the
existing services agreement and initiate a new agreement with MIG (see Attachment A).
As noted above, MIG ranked in the top two during last year’s screening process. The
firm has wide California experience, has local knowledge, and is currently conducting
parks master plan processes for other Bay Area cities, including Palo Alto and San Jose.
Their experience is strong, as is their caliber of work. They are fully available to take on
this project should it be assigned to them. They can complete the work within the
existing project budget. In reference checks, they received consistent excellent reviews
from their clients for their performance and their work quality.
The Parks and Recreation Commission has recommended that the City Council end the
existing agreement, implement a new agreement with MIG and proceed with the
project. Should the City Council approve this course of action, the current agreement
with RHAA will be terminated. The Council is requested to authorize the City Manager
to negotiate and execute a services agreement with MIG, for a fee not to exceed $210,000
for the scope of basic services. The proposed agreement is attached (see Attachment B).
The recommendation also authorizes the City Manager to include a contingency
allowance for potential additional services that fall within the scope of the overall
project budget, with such contingency funds to be expended only upon advance written
authorization and for services that exceed the scope identified in the agreement.
The current consultant has completed approximately one third of the initial tasks,
including review of background information, demographic analysis, recreation trends
analysis, inventory of existing parks and facilities, and public outreach. The completed
work products are useful and will be utilized. Remaining major tasks include
developing a community vision and goals; prioritization criteria; a list of short, medium
and long-term improvements; design alternatives for Memorial Park; cost analysis;
identification of potential funding sources; preparing draft and final master plan
documents; and continuing outreach and public input.
Ending the current agreement is intended as an amicable arrangement for convenience.
Staff wishes to note that RHAA is a respected, established landscape architecture firm,
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and is well known for providing high-quality park design services such as the Magical
Bridge inclusive playground in Palo Alto and many other noteworthy sites.
No change to the existing project budget of $500,000 is requested. The existing services
agreement with RHAA that would be terminated is for a base scope of $375,000 and for
additional services, not to exceed a total of $412,500. The remaining project budget of
$87,500 is for associated project costs and contingency. The work completed and paid
for to date totals approximately $160,000. The recommended new agreement with a
base scope of $210,000 falls well within the existing project budget.
Fiscal Impact
No fiscal impact will result from this action. The recommended agreement amount is
within the existing project budget and no change is requested.
Sustainability Impact
The project will support the city’s sustainability and environmental policies and
objectives.
____________________________________
Prepared by: Gail Seeds, Park Improvement Manager
Reviewed by: Jeff Milkes, Director of Recreation & Community Services
Christine Hanel, Assistant Director of Recreation & Community Services
Approved for Submission by: David Brandt, City Manager
Attachment A: Parks and Recreation Commission Minutes, Oct. 25, 2016
Attachment B: Draft Agreement
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CITY OF CUPERTINO
PARKS AND RECREATION COMMISSION
Quinlan Community Center Cupertino Room
10185 N. Stelling Road, Cupertino, CA
Tuesday, October 25, 2016
7:00 PM
SPECIAL MEETING
MINUTES
CALL TO ORDER
Chair Stanek called the meeting to order at 7:05 p.m. in the Quinlan Community Center
Cupertino Room, 10185 N. Stelling Road, Cupertino, CA.
PLEDGE OF ALLEGIANCE
ROLL CALL
Commissioners present: Carol Stanek, David Fung (arrived at 7:35), Judy Wilson,
Helene Davis
Commissioners absent: Neesha Tambe
Staff present: Christine Hanel, Liz Nunez, Gail Seeds, Barbara Banfield
APPROVAL OF MINUTES
1. Regular Meeting of September 1, 2016 – Vice Chair Davis moved to approve the
minutes of September 1, 2016. Commissioner Fung seconded and motion was
carried.
ORAL COMMUNICATIONS
None
STAFF AND COMMISSION REPORTS
Christine Hanel reported on following events:
10/15-Diwali Festival
10/20-Pizza & Politics- estimated 100 teens attended
10/22- Wildlife & Harvest Festival was well attended-estimated 2,000 attended
10/27-Hidden Treasures Fundraiser for Senior Center this week
11/11-Veteran’s Day Memorial Event @ Memorial Park
Last month the Santa Clara Valley Water District presented to Parks & Rec. Commission
the Permanente Creek Flood protection project including the detention basin that will
be created at Rancho San Antonio County Park. They have awarded the construction
contract and expect to begin the construction of first phase in the next couple of months.
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Commission Reports:
Commissioner Wilson attended the Diwali Festival.
Vice Chair Davis was part of the Leadership 95014 panel representing the Parks &
Recreation Commission. Also, attended the Diwali Festival and the Wildlife & Harvest
Festival.
NEW BUSINESS
2. Beekeeping Ordinance
Gail Seeds reviewed the existing Beekeeping Ordinance and the revised draft
Ordinance that will be presented to the Planning Commission tonight and to
City Council in November. Staff report attached was submitted to Commission
with the ordinance.
Barbara Banfield answered questions from Commission. Discussion followed.
The Commission indicated their support for the revised draft ordinance.
OLD BUSINESS
3. City wide Parks, Open Space and Recreation Master Plan
Staff Report attached was submitted to Commission.
Staff reviewed the content in the staff report to consider changing the current
consultant and initiating a new agreement for this project with another firm.
Discussion followed. Staff requested that the Commission provide their input
and make a motion on this topic. Commissioner Wilson made a motion to hire
Moore Iacofano Goltsman (MIG) to continue the Master Plan project, Vice Chair
Davis seconded. Commissioners voted 3 Yes and one No. Motion carried 3 to 1.
4. 2016-17 Work Plan
Commissioner Wilson recommended reviewing the Work Plan when the new
Director and possibly new Commissioner are on board in February.
Chair Stanek recommended moving the Work Plan presentation to Council to the
December 6th meeting.
ADJOURNMENT – Chair Stanek adjourned the meeting at 8:25 p.m.
Respectfully submitted,
Christine Hanel, Acting Director
Recreation and Community Services Department
Minutes approved at the___ regular meeting
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AGREEMENT BETWEEN THE CITY OF CUPERTINO AND
MOORE IACOFANO GOLTSMAN FOR CONSULTANT SERVICES FOR
CITYWIDE PARKS, OPEN SPACE AND RECREATION MASTER PLAN
THIS AGREEMENT, for reference dated January __, 2017, is by and between
CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and
Moore Iacofano Goltsman (MIG), a California corporation, whose address is 800 Hearst
Avenue, Berkeley, CA 94710 (hereinafter referred to as "Consultant"), and is made with
reference to the following:
RECITALS:
A. City is a municipal corporation duly organized and validly existing under
the laws of the State of California with the power to carry on its business as it is now
being conducted under the Constitution and the statutes of the State of California and
the Cupertino Municipal Code.
B. Consultant is specially trained, experienced and competent to perform
the special services which will be required by this Agreement; and
C. Consultant possesses the skill, experience, ability, background,
certification and knowledge to provide the services described in this Agreement on the
terms and conditions described herein.
D. City and Consultant desire to enter into an agreement for park and
recreation master planning services upon the terms and conditions herein.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM:
The term of this Agreement shall commence on the date this agreement is
executed and shall terminate on March 31, 2019, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED:
Consultant shall perform each and every service set forth in Exhibit "A". titled
“Scope of Services” which is attached hereto and incorporated herein by this reference.
3. SCHEDULE OF PERFORMANCE:
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The Services of Consultant are to be completed according to the schedule set out
in Exhibit B, titled “Schedule of Performance”, which is attached hereto and
incorporated herein by this reference.
4. COMPENSATION TO CONSULTANT:
The maximum compensation to be paid to Consultant under this agreement for
Basic Services shall not exceed __________ Thousand Dollars ($XXX,000.00). The rate of
payment is set out in Exhibit C, titled “Compensation”, which is attached hereto and
incorporated herein.
Consultant shall furnish to City a detailed statement of the work performed for
compensation during the term of this Agreement. Consultant may submit monthly
invoices for interim progress payments during the course of each phase, clearly stating
as a minimum the total Contract amount, amount paid to date, percent complete and
amount due.
5. TIME IS OF THE ESSENCE:
Consultant and City agree that time is of the essence regarding the performance
of this Agreement.
6. STANDARD OF CARE:
Consultant agrees to perform all services hereunder in a manner commensurate
with the prevailing standards of like professionals in the San Francisco Bay Area and
agrees that all services shall be performed by qualified and experienced personnel who
are not employed by the City nor have any contractual relationship with City.
7. INDEPENDENT PARTIES:
City and Consultant intend that the relationship between them created by this
Agreement is that of employer-independent contractor. The manner and means of
conducting the work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the express terms of this Agreement. No civil
service status or other right of employment will be acquired by virtue of Consultant's
services. None of the benefits provided by City to its employees, including but not
limited to, unemployment insurance, workers' compensation plans, vacation and sick
leave are available from City to Consultant, its employees or agents. Deductions shall
not be made for any state or federal taxes, FICA payments, PERS payments, or other
purposes normally associated with an employer-employee relationship from any fees
due Consultant. Payments of the above items, if required, are the responsibility of
Consultant.
8. IMMIGRATION REFORM AND CONTROL ACT (IRCA):
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Consultant assumes any and all responsibility for verifying the identity and
employment authorization of all of his/her employees performing work hereunder,
pursuant to all applicable IRCA or other federal, or state rules and regulations.
Consultant shall indemnify and hold City harmless from and against any loss, damage,
liability, costs or expenses arising from any noncompliance of this provision by
Consultant.
9. NON-DISCRIMINATION:
Consistent with City's policy that harassment and discrimination are
unacceptable employer/employee conduct, Consultant agrees that harassment or
discrimination directed toward a job applicant, a City employee, or a citizen by
Consultant or Consultant's employee or subcontractor on the basis of race, religious
creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy,
sex, age, or sexual orientation will not be tolerated. Consultant agrees that any and all
violations of this provision shall constitute a material breach of this Agreement.
10. PROJECT COORDINATION
CITY: Director of Recreation and Community Services shall be representative of
City for all purposes under this Agreement. _________________ is hereby designated as
the Director of Recreation and Community Services’ designee and Project Manager, and
shall supervise the progress and execution of this Agreement.
CONSULTANT: Consultant shall assign a single Consultant Project Manager to
have overall responsibility for the progress and execution of this Agreement for
Consultant. Should circumstances or conditions subsequent to the execution of the
Agreement require a substitute Consultant Project Manager for any reason, the
Consultant Project Manager designee shall be subject to the prior written acceptance
and approval of the City Project Manager. The designated Consultant Project Manager
shall be Lauren Schmitt.
11. HOLD HARMLESS:
Indemnification:
A. Claims for Professional Liability. Where the law establishes a standard of care
for Consultant’s professional services, and to the extent the Consultant breaches
or fails to meet such established standard of care, or is alleged to have breached
or failed to meet such standard of care, Consultant shall, to the fullest extent
allowed by law, with respect to all services performed in connection with the
Agreement, indemnify, defend, and hold harmless the City and its officers,
officials, agents, employees and volunteers from and against any and all liability,
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claims, actions, causes of action or demands whatsoever against any of them,
including any injury to or death of any person or damage to property or other
liability of any nature, that arise out of, pertain to, or relate to the negligence ,
recklessness, or willful misconduct of Consultant or Consultant's employees,
officers, officials, agents or independent contractors. Such costs and expenses
shall include reasonable attorneys’ fees of counsel of City’s choice, expert fees
and all other costs and fees of litigation. Consultant shall not be obligated under
this Agreement to indemnify City to the extent that the damage is caused by the
sole negligence or willful misconduct of City, its agents or employees.
B. Claims for Other Liability. Consultant shall, to the fullest extent allowed by
law, with respect to all services performed in connection with the Agreement
indemnify, defend, and hold harmless the City and its officers, officials, agents,
employees and volunteers from and against any and all liability, claims, actions,
causes of action or demands whatsoever against any of them, including any
injury to or death of any person or damage to property or other liability of any
nature, that arise out of, pertain to, or relate to the performance of this
Agreement by Consultant or Consultant's employees, officers, officials, agents or
independent contractors. Such costs and expenses shall include reasonable
attorneys’ fees of counsel of City’s choice, expert fees and all other costs and fees
of litigation.
12. INSURANCE:
On or before the commencement of the term of this Agreement, Consultant shall
furnish City with certificates showing the type, amount, class of operations covered,
effective dates and dates of expiration of insurance coverage in compliance with
paragraph 12A, B, C, D and E. Such certificates, which do not limit Consultant's
indemnification, shall also contain substantially the following statement: "Should any
of the above insurance covered by this certificate be canceled or coverage reduced
before the expiration date thereof, the insurer affording coverage shall provide thirty
(30) days' advance written notice to the City of Cupertino by certified mail, Attention:
City Manager." It is agreed that Consultant shall maintain in force at all times during
the performance of this Agreement all appropriate coverage of insurance required by
this Agreement with an insurance company that is acceptable to City and licensed to do
insurance business in the State of California. Endorsements naming the City as
additional insured shall be submitted with the insurance certificates.
A. COVERAGE:
Consultant shall maintain the following insurance coverage:
(1) Workers' Compensation:
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Statutory coverage as required by the State of California.
(2) Liability:
Commercial general liability coverage in the following minimum
limits:
Bodily Injury: $500,000
each occurrence
$1,000,000
aggregate - all other
Property Damage: $100,000 each occurrence
$250,000 aggregate
If submitted, combined single limit policy with aggregate limits in
the amounts of $1,000,000 will be considered equivalent to the
required minimum limits shown above.
(3) Automotive:
Comprehensive automotive liability coverage in the following
minimum limits:
Bodily Injury: $500,000 each occurrence
Property Damage: $100,000 each occurrence
or
Combined Single Limit: $500,000 each occurrence
(4) Professional Liability:
Professional liability insurance which includes coverage for the
professional acts, errors and omissions of Consultant in the amount
of at least $1,000,000.
B. SUBROGATION WAIVER:
Consultant agrees that in the event of loss due to any of the perils for which
he/she has agreed to provide comprehensive general and automotive liability insurance,
Consultant shall look solely to his/her insurance for recovery. Consultant hereby grants
to City, on behalf of any insurer providing comprehensive general and automotive
liability insurance to either Consultant or City with respect to the services of Consultant
herein, a waiver of any right to subrogation which any such insurer of said Consultant
may acquire against City by virtue of the payment of any loss under such insurance.
C. FAILURE TO SECURE:
If Consultant at any time during the term hereof should fail to secure or maintain
the foregoing insurance, City shall be permitted to obtain such insurance in the
Consultant's name or as an agent of the Consultant and shall be compensated by the
Consultant for the costs of the insurance premiums at the maximum rate permitted by
law and computed from the date written notice is received that the premiums have not
been paid.
D. ADDITIONAL INSURED:
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City, its City Council, boards and commissions, officers, employees and
volunteers shall be named as an additional insured under all insurance coverages,
except any professional liability insurance, required by this Agreement. The naming of
an additional insured shall not affect any recovery to which such additional insured
would be entitled under this policy if not named as such additional insured. An
additional insured named herein shall not be held liable for any premium, deductible
portion of any loss, or expense of any nature on this policy or any extension thereof.
Any other insurance held by an additional insured shall not be required to contribute
anything toward any loss or expense covered by the insurance provided by this policy.
E. SUFFICIENCY OF INSURANCE:
The insurance limits required by City are not represented as being sufficient to
protect Consultant. Consultant is advised to confer with Consultant's insurance broker
to determine adequate coverage for Consultant.
13. CONFLICT OF INTEREST:
Consultant warrants that it is not a conflict of interest for Consultant to perform
the services required by this Agreement. Consultant may be required to fill out a
conflict of interest form if the services provided under this Agreement require
Consultant to make certain governmental decisions or serve in a staff capacity as
defined in Title 2, Division 6, Section 18700 of the California Code of Regulations.
14. PROHIBITION AGAINST TRANSFERS:
Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, o r
any interest therein, directly or indirectly, by operation of law or otherwise, without
prior written consent of City. Any attempt to do so without said consent shall be null
and void, and any assignee, sublease, hypothecate or transferee shall acquire no right or
interest by reason of such attempted assignment, hypothecation or transfer. However,
claims for money by Consultant from City under this Agreement may be assigned to a
bank, trust company or other financial institution without prior written consent.
Written notice of such assignment shall be promptly furnished to City by Consultant.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or joint
venture or syndicate member or cotenant, if Consultant is a partnership or joint venture
or syndicate or cotenancy, which shall result in changing the control of Consultant, shall
be construed as an assignment of this Agreement. Control means fifty percent (50%) or
more of the voting power of the corporation.
15. SUBCONTRACTOR APPROVAL:
Unless prior written consent from City is obtained, only those people and
subcontractors whose names are included in this Agreement shall be used in the
performance of this Agreement.
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In the event that Consultant employs subcontractors, such subcontractors shall
be required to furnish proof of workers' compensation insurance and shall also be
required to carry general, automobile and professional liability insurance in reasonable
conformity to the insurance carried by Consultant. In addition, any work or services
subcontracted hereunder shall be subject to each provision of this Agreement.
16. PERMITS AND LICENSES:
Consultant, at his/her sole expense, shall obtain and maintain during the term of
this Agreement, all appropriate permits, certificates and licenses including, but not
limited to, a City Business License, that may be required in connection with the
performance of services hereunder.
17. REPORTS:
A. Each and every report, draft, work product, map, record and other
document, hereinafter collectively referred to as "Report", reproduced, prepared or
caused to be prepared by Consultant pursuant to or in connection with this Agreement,
shall be the exclusive property of City. Consultant shall not copyright any Report
required by this Agreement and shall execute appropriate documents to assign to City
the copyright to Reports created pursuant to this Agreement. Any Report, information
and data acquired or required by this Agreement shall become the property of City, and
all publication rights are reserved to City. Consultant may retain a copy of any report
furnished to the City pursuant to this Agreement.
B. All Reports prepared by Consultant may be used by City in execution or
implementation of:
(1) The original Project for which Consultant was hired;
(2) Completion of the original Project by others;
(3) Subsequent additions to the original project; and/or
(4) Other City projects as appropriate.
C. Consultant shall, at such time and in such form as City may require,
furnish reports concerning the status of services required under this Agreement.
D. All Reports required to be provided by this Agreement shall be printed on
recycled paper. All Reports shall be copied on both sides of the paper except for one
original, which shall be single sided.
E. No Report, information or other data given to or prepared or assembled
by Consultant pursuant to this Agreement shall be made available to any individual or
organization by Consultant without prior approval by City.
F. Electronic and hard copies of Consultant’s work product shall constitute
the Project deliverables. Plans to be in CAD and PDF formats, and other documents to
be in Microsoft Word and PDF formats. City holds Consultant harmless for any
modifications to the documents.
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18. RECORDS:
Consultant shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts and other such information required by City that relate to the
performance of services under this Agreement.
Consultant shall maintain adequate records of services provided in sufficient
detail to permit an evaluation of services. All such records shall be maintained in
accordance with generally accepted accounting principles and shall be clearly identified
and readily accessible. Consultant shall provide free access to such books and records
to the representatives of City or its designees at all proper times, and gives City the
right to examine and audit same, and to make transcripts therefrom as necessary, and to
allow inspection of all work, data, documents, proceedings and activities related to this
Agreement. Such records, together with supporting documents, shall be kept separate
from other documents and records and shall be maintained for a period of three (3)
years after receipt of final payment.
If supplemental examination or audit of the records is necessary due to concerns
raised by City's preliminary examination or audit of records, and the City's
supplemental examination or audit of the records discloses a failure to adhere to
appropriate internal financial controls, or other breach of contract or failure to act in
good faith, then Consultant shall reimburse City for all reasonable costs and expenses
associated with the supplemental examination or audit.
19. NOTICES:
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the second business day after the deposit thereof in the United States
Mail, postage prepaid, registered or certified, addressed as hereinafter
provided.
All notices, demands, requests, or approvals from Consultant to City shall be
addressed to City at:
City of Cupertino, Quinlan Community Center
10185 North Stelling Road
Cupertino CA 95014
Attention: Director of Recreation and Community Services
All notices, demands, requests, or approvals from City to Consultant shall be
addressed to Consultant at:
MIG, Inc.
815 SW 2nd Avenue, Suite 200
Portland, OR 97204-3022
Attention: Lauren Schmitt
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20. TERMINATION:
In the event Consultant fails or refuses to perform any of the provisions hereof at
the time and in the manner required hereunder, Consultant shall be deemed in default
in the performance of this Agreement. If such default is not cured within the time
specified after receipt by Consultant from City of written notice of default, specifying
the nature of such default and the steps necessary to cure such default, City may
terminate the Agreement forthwith by giving to the Consultant written notice thereof.
City shall have the option, at its sole discretion and without cause, of terminating
this Agreement by giving seven (7) days' prior written notice to Consultant as provided
herein. Upon termination of this Agreement, each party shall pay to the other party
that portion of compensation specified in this Agreement that is earned and unpaid
prior to the effective date of termination.
In the event of termination, Consultant shall deliver to City, copies of all reports,
documents, and other work performed by Consultant under this Agreement.
1. COMPLIANCES:
Consultant shall comply with all state or federal laws and all ordinances, rules
and regulations enacted or issued by City.
A. PREVAILING WAGES: To the extent applicable, Contractor shall comply with
the City’s Labor Compliance Program and all other requirements set forth in Labor
Code section 1770 et seq. Contractor shall pay prevailing wages. Contractor will submit
monthly certified payroll records to the City for all employees and subcontractors in a
preapproved format or a City provided form. Any delay in remitting certified payroll
reports to the City upon request from the City will result in either delay and/or forfeit of
outstanding payment to Contractor.
B. WORKING DAY: To the extent applicable, Contractor shall comply with
California Labor Code Section 1810, et seq. which provides that work performed by
employees of contractors in excess of 8 hours per day, and 40 hours during any one
week, must be compensated as overtime, at not less than 1 ½ times the basic rate of pay.
C. PAYROLL RECORDS: To the extent applicable, Contractor shall comply with
California Labor Code Section 1776 which requires certified payroll records be
maintained with the name, address, social security number, work classification, straight
time and overtime hours worked each day and week, and the actual per diem wages
paid to each journeyman, apprentice, worker, or other employee employed by him or
her in connection with this Agreement. The Payroll Records shall be made available for
inspection as provided in California Labor Code Section 1776.
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D. APPRENTICES: To the extent applicable, Contractor shall comply with California
Labor Code Section 1777.5 regarding apprentices.
2. CONFLICT OF LAW:
This Agreement shall be interpreted under, and enforced by the laws of the State
of California excepting any choice of law rules which may direct the application of laws
of another jurisdiction. The Agreement and obligations of the parties are subject to all
valid laws, orders, rules, and regulations of the authorities having jurisdiction over this
Agreement (or the successors of those authorities.)
Any suits brought pursuant to this Agreement shall be filed with the courts of
the County of Santa Clara, State of California.
3. ADVERTISEMENT:
Consultant shall not post, exhibit, display or allow to be posted, exhibited,
displayed any signs, advertising, show bills, lithographs, posters or cards of any kind
pertaining to the services performed under this Agreement unless prior written
approval has been secured from City to do otherwise.
4. WAIVER:
A waiver by City of any breach of any term, covenant, or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant, or condition contained herein, whether of the same or a different
character.
5. INTEGRATED CONTRACT:
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions hereof. Any modification of this
Agreement will be effective only by written execution signed by both City and
Consultant.
6. GIFTS:
A. Consultant is familiar with City’s prohibition against the acceptance of any gift
by a City officer or designated employee, which prohibition is found in City
Administrative Procedures.
B. Consultant agrees not to offer any City officer or designated employee any gift
prohibited by the Administrative Procedures.
C. The offer or giving of any prohibited gift shall constitute a material breach of this
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Agreement by Consultant. In addition to any other remedies, City may have in law or
equity, City may terminate this Agreement for such breach as provided in Section 19 of
this Agreement.
7. INSERTED PROVISIONS:
Each provision and clause required by law to be inserted into the Agreement
shall be deemed to be enacted herein, and the Agreement shall be read and enforced as
though each were included herein. If through mistake or otherwise, any such provision
is not inserted or is not correctly inserted, the Agreement shall be amended to make
such insertion on application by either party.
8. CAPTIONS:
The captions in this Agreement are for convenience only, are not a part of the
Agreement and in no way affect, limit or amplify the terms or provisions of this
Agreement.
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P.O. No.: _________________
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.
CONSULTANT CITY OF CUPERTINO
MIG A Municipal Corporation
By: ___ By: _____________________
Jeffrey Milkes, Director of Recreation and
Community Services
Name: _____________________
Date: ____________________
Title: ___
Date: _______________________
Tax I.D. No.: ________________
APPROVED AS TO FORM:
Address:
800 Hearst Avenue
Berkeley, CA 94710
_________________________
Randolph Stevenson Hom
City Attorney
ATTEST:
______________________________
Grace Schmidt, City Clerk
Contract Amount: _________________
Account No. : ____________________
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EXHIBIT A
SCOPE OF SERVICES
Moore Iacofano Goltsman (MIG) will be the prime consultant and coordinate the work of
any subconsultants. Work by TRA Environmental Sciences (now a division of MIG), 2635
N. First Street, Suite 149, San Jose, CA 95134 is included in the base scope.
Acceptable subconsultants may include:
The Sports Management Group, 2607 7th Street, Berkeley, CA 94710
The consultant will provide services to the City that will result in a comprehensive master plan
that assesses current park space, recreation facilities and recreation programs and current and
projected community needs to guide future programmatic decisions and capital improvement
planning. The anticipated scope of services follows.
Monthly project meetings with the city project team are intended throughout the process and
will occur in Cupertino unless noted otherwise. Weekly or bi-weekly update meetings are
expected via telephone, Go To meeting or similar process as acceptable to City. Consultant
shall provide agendas and meeting minutes. These ongoing meetings are considered part of
project administration and are not noted in the scope below. Onsite project meetings may be
scheduled to take advantage of other tasks involving meetings/workshops that are to occur in
Cupertino.
TASK A. Project Initiation
Prior to embarking on remaining Scope of Work, Consultant will confer with City staff to
develop a detailed and realistic work schedule.
Consultant will identify all information to be provided by City staff. City staff will provide
all requested documents efficiently. Consultant shall review and become familiar with all
documents, data and information provided by City and shall alert City if any information
gaps exist.
A project initiation meeting with City staff and project team members will occur. Topics will
include a review of scope, process and schedule. Consultant shall present the work
schedule, which will be updated periodically during the project as needed.
Meetings
Project Initiation Meeting with City staff/project team
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Deliverables
Work Schedule
Materials to be provided by City: see Exhibit A-1
TASK B. City Policy and Standards Review; Demographic Analysis; Trends Report
This task is completed.
TASK C. Existing Parks, Open Space and Recreation Facilities and Programs
Inventory/Analysis
Report
The consultant is to refine and complete a comprehensive inventory and analysis of all
parks, open spaces, and trails, and is to identify and evaluate programs and servicesoffered
by the existing recreation facilities. Consultant shall visit and review all City parks and
recreation facilities. The inventory should note the user groups s and types of usage for
primary facilities and typical usage windows. An analysis of the C ity's recreational
programs is to be performed as part of this task to determine the level of recreational needs
currently being met and to identify those recreational areas that are lacking or not being
served in Cupertino. Program analysis and user group/usage information may be
incorporated into the inventory report or may be provided separately. The inventory and
analysis is to include (for each individual park, trail, open space and recreational facility):
Location
Size and Boundary
Use - Neighborhood or Regional e.g.
History as applicable – from City records (past renovations)
Current condition
Facilities – inventory of park and recreational facilities (playgrounds, play fields, ball
courts, pools, gyms, trails, restrooms, structures, parking capacity)
Recreation programs – scheduled programs throughout the year (for programs
provided by City)
Compliance with ADA requirements (see 2015 citywide report)
Constraints – Consultant to identify any features that compromise the full potential
of the park
Opportunities – Consultant to identify opportunities to expand or enhance
recreational opportunities
Operations and maintenance – Consultant to review with City and maintenance
staff, including issues related to current and projected operations and maintenance
requirements
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School facilities – Consultant to review school sport field facilities that are available
for public use per the City-Cupertino Union School District maintenance and shared
use agreement
Sustainability – Consultant to evaluate opportunities to increase sustainability
practices such as reducing turf, energy and water consumption, etc.
Consultant shall review and incorporate park and facility inventory work completed by
others. Consultant staff shall perform their own independent evaluation of city parks,
sites, facilities and programs. Inventory shall include parks, sites and facilities that are
city-owned or city-operated or that City has an opportunity to program. Also included
shall be other public or quasi-public sites that are available to the community (such as
Rancho Rinconada recreation center).
Consultant shall provide a GIS-based base map of the City suitable for use in geographic
evaluation and upcoming tasks. Consultant shall prepare a map exhibit which indicates
‘walksheds’ to parks and recreation facilities based on ¼ mile and ½ mile distanc es using
the existing street and trail network (or other distances as mutually agreeable).
Consultant shall perform a geographic analysis of City parks and facilities and provide
conclusions regarding deficiencies or opportunities.
Evaluation of recreation programs/activities shall focus on City-provided recreation and
programs or activities that City sponsors, hosts, or otherwise supports. Primary non-City
recreation providers shall be noted and their programs summarized.
Consultant shall issue a draft report containing the above-noted content. The report shall
include an executive summary that provides an overview of the city setting and
summarizes key points and findings. The draft report shall be posted and provided to the
Parks and Recreation Commission (see task below). After public and Commission input
has been received, Consultant shall incorporate revisions and issue a final report.
Meetings
Site and Facility Field Reviews with staff
Deliverables
Existing Parks and Recreation Facilities draft and final reports
Existing Programs draft and final reports
TASK D. Gather Input and Assess Community Needs
This phase includes the community outreach process, to solicit community input to assist
with determining how Cupertino parks, trails, open spaces and recreation facilities can
better meet the needs of the community. The community outreach and public input process
is integral to the parks, trails and recreation master planning process.
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Substantial work for this task has been implemented. Completed tasks include:
Community-wide survey conducted March-July 2016
Interviews with a variety of stakeholder groups
Booths and public outreach at community events including Big Bunny Fun Run,
Earth Day and Arbor Day, Cupertino Day, and 4th of July allowing instant feedback
regarding desirable facilities, amenities and programs
Community Workshop in May
Block Leader Workshop in June
Regular updates and input opportunities at Parks and Recreation Commission
meetings
Consultant shall conduct additional interviews with up to 8 stakeholders or involved
parties, which may include elected officials, commissioners, school district representatives
or others.
Reports
Consultant shall review draft reports and documentation prepared by others. Consultant
shall prepare a report documenting the results of the overall public outreach process, and
a report of the community-wide survey results. The report shall include an evaluation of
the input that provides context, common themes and priorities, key unmet needs or
deficiencies that were identified, conclusions, and an executive summary.
Public Input/Commission Meetings
Two Commission-hosted meetings will be held. The first is expected to focus on a
presentation of the inventory and analysis information, and the results and findings from
public outreach and the community-wide survey input. Consultant will prepare associated
presentation materials (graphics, maps, PowerPoint, etc.). Public and Commission input will
be invited.
The second meeting is expected to focus on identifying the community’s Vision for the
future of our parks and recreation and associated overarching Goals, together with
objectives, policies, strategies, and/or actions. The Consultant will provide a draft Vision,
goals and objectives which emphasize input from the community outreach efforts. This
meeting is expected be conducted as a less formal workshop or study session format, as a
more open and interactive public forum designed to promote interaction. Smaller group
discussions may be used, as well as comment sheets to help capture additional ideas as they
arise and invite participation by persons not comfortable with public speaking. Consultant
will record the comments received and incorporate them into the findings, and adjust the
Vision and Goals narratives as appropriate. As mutually agreeable, the Vision and Goals
meeting may be combined with the preceding Commission meeting and the time will be
used instead for a public meeting or workshop later in the process.
On-line Outreach - Vision and Goals feedback
Following the Vision and Goals meeting, Consultant shall conduct a short, targeted online
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outreach effort. This effort will focus on eliciting feedback and comments on the refined
Vision and Goals. The intent is to confirm that the Vision and Goals correctly represent
community sentiment and to ensure that community members have an additional chance to
participate before decision-making which is based on the goals proceeds.
City Council Meeting
Consultant shall prepare and provide an update presentation to the City Council following
refinement of the Vision and Goals. The Council meeting may occur as a study session.
Presentation shall provide an overview of all work and findings to date and invite Council
to weigh in on project progress and the proposed Vision and Goals.
Graphics
Consultant shall provide new, fresh graphics and ‘branding’ for the Master Plan process
which will be incorporated in fliers, website postings, and promotional efforts. Outreach
will be ongoing through the City’s website. Consultant will provide web-ready uploads for
posting, including reports, surveys, and other supporting data. Outreach will include use of
social media sites and email notifications. Consultant will engage the broader public
through interactive information sharing such as Facebook, Twitter and other platforms.
Throughout the master planning process, Consultant shall provide materials such as
fliers/notifications, updates, and materials for public information, suitable for website and
social media postings and dissemination.
Needs Assessment
Consultant shall prepare a needs assessment and address current, medium and long-term
needs of the community for parks and recreation facilities and programs. The needs
assessment shall incorporate all manner of previous public input, input from stakeholder, staff,
and Commissions, demographic and trends analyses, results of the evaluations of the existing
system, local and regional setting, and related factors. Assessment should evaluate parks,
open space, trails, facilities, and programs.
An assessment shall also be prepared of the connections to and among park and recreation
system destinations, with a focus on the current and proposed bicycle-pedestrian network. The
assessment shall also address connections to nearby County and regional parks that are within
or in proximity to Cupertino (Rancho San Antonio, Stevens Creek County Park, Fremont Older
Open Space Preserve etc.). The intention is that connections themselves can become part of the
overall park and recreation system, create an inviting citywide network, and provide an
appealing means to be outdoors and to access desirable venues. The 2016 Bicycle
Transportation Plan shall be thoughtfully evaluated from a perspective of supporting the
parks and recreation system, with a fresh look at how potential projects could be prioritized to
support park and recreation goals. Cupertino desires to identify a safe, attractive, robust
network of non-vehicular connections that will integrate with and complement the extensive
work that has gone into recent bicycle transportation planning efforts.
Opportunities Evaluation – Parks and Recreation
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Consultant shall identify opportunities to address needs. Opportunities may include
modifying, repurposing, expanding or adding parks, facilities or programs; developing new
partnerships or strengthening existing ones; shared-use or joint-use sites or facilities; or other
methods. City-operated parks and facilities shall receive special focus. Consultant shall also
consider other public and quasi-public sites and facilities for possible opportunities, such as
County parks, regional open space preserves, water district creek corridors and percolation
pond systems, railroad corridors, and highway and utility corridors.
Consultant shall identify potential opportunities for physical expansion of parks, trails and
recreation facilities. Opportunities may include use of existing or available easements and
rights-of-way, collaboration with other agencies for access, potential future acquisitions from
willing sellers, use of city-controlled or publicly-owned land to create community parks and/or
facilities and connect gaps in the existing trail network, and any other opportunities to expand
the park and recreation system to address identified needs.
Opportunities Evaluation – Ecological
Consultant shall identify and evaluate ecological opportunities within the existing and
potential future citywide parks and recreation system. Ecological opportunities could include
varied possibilities (for example, creating or extending healthy greenbelts, habitat areas,
pollinator corridors, riparian creek corridors, fresh water sources for wildlife, healthy bird and
wildlife populations, potential restoration zones, naturalized landscaping within conventional
parks to support wildlife and promote sustainable values, urban tree canopy succession
planning, or identifying opportunities for expanded environmental education programs).
Meetings
Stakeholder meetings/teleconferences
1 Parks and Recreation Commission presentation
1 Parks and Recreation Commission presentation/workshop
1 City Council presentation
Deliverables
Meeting agendas
Public Outreach Summary Report
Community-wide Survey Report
Vision and Goals Summary Report
Needs Assessment
Opportunities Evaluation
Project-specific graphics and branding
Meeting materials & presentation, Parks and Recreation Commission meeting
Meeting materials & presentation, Parks and Recreation Commission workshop
Presentation and report, City Council meeting
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TASK E. Draft Parks, Open Space and Recreation Master Plan Report
This task includes providing all materials needed for preparation of a draft City Wide
Parks, Open Space and Recreation Master Plan Report.
Prioritization Criteria
An initial task will be preparation of prioritization criteria. The criteria will be used to
evaluate and rank potential improvements to parks, facilities, programs, or elements of the
park and recreation system. Draft criteria will be developed in collaboration with the city
project team.
Public Input/Commission Meeting
The draft prioritization criteria will be presented at a public meeting hosted by the Parks
and Recreation Commission. The meeting is expected to take the form of workshop or a
study session which presents the draft criteria and invites active review, feedback and
comments, with a goal to develop consensus on the prioritization criteria. The criteria will
then be refined based upon public and Commission input. The refined criteria will be
brought back to the Commission at the subsequent meeting.
Development of Short, Medium and Long Term Projects and Programs
The Consultant shall develop a draft list of proposed short, medium and long term capital
projects and recreation programs (“Project List”), including both renovations and
installation of new facilities, and current programs and desirable future programs that
span the next approximately two decades. Prioritization criteria shall be used to guide the
strategy for implementation. The Project List shall consider at a minimum:
Areas where outdated or underutilized facilities should be redeveloped
New and specialized facilities that should be considered
New key facilities (aquatic center, gymnasium, sport fields, e.g.) that should be
considered
Renovation of playgrounds or facilities that do not conform with ADA standards
New and expanded recreational programs and associated recommendations
A preliminary evaluation of to assist in prioritizing shall be prepared using prioritization
criteria developed previously (see above) and likely the following:
Cost analysis for proposed items, including capital and operational/maintenance costs
for recommended improvements
Likely usage/groups the project would serve
Constraints/potential impacts/difficulty for implementation
Timeline to accomplish goal (short, medium and long-term)
Phasing recommendations for major projects as appropriate
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Public Input Workshop
The needs assessment, opportunities evaluation, associated recommendations and draft
Project List will be presented at a public meeting, anticipated as a workshop hosted by or
attended by the Parks and Recreation Commission. Public input will be invited. The
materials will then be refined based upon input received. The refined needs assessment,
opportunities and Project List will be brought back to the Commission for public input and
Commission review at a subsequent meeting.
“Toolbox” & Illustrations/Site Plans
Based on preceding tasks and public input, Consultant shall prepare illustrations of
design concepts or sample site plans (see Task F below). Design concepts will illustrate
sample solutions for a key feature or element of the park and recreation system.
Sample site plans may address an individual park and provide a potential conceptual
design diagram of potential renovations/modifications.
Consultant shall develop a “toolbox” which identifies desired features and facilities,
identifies parameters which indicate suitable or unsuitable settings and identifies
potential locations for such features, together with associated lists, matrices, and/or
maps. This effort is intended to serve as a tool moving into the future to support
community decision-making as individual park sites are renovated or acquired.
Sample site plans developed as part of Task F may be generic or may be specific to a
site, per City direction to Consultant. Sites such as Jollyman, Portal, Wilson, and/or
Linda Vista parks or others may merit preparation of a conceptual site plan. Note
that the Memorial Park/Quinlan/Sports Center/Senior Center area will have more
detailed concepts prepared.
For the Memorial Park/Quinlan Community Center/Senior Center/Sports Center area, the
Consultant shall prepare two to three Concept Plans and layouts for the property,
anticipated as a viable conceptual layout but not as detailed as a schematic design; parking
shall be evaluated also. The alternative concepts shall consider different levels of use
intensity and site modification.
Public Input Workshops
The draft ‘Tool Box’ and Illustrations/Sample Plans and Memorial Park Area concepts will
be presented at up to two public meetings, anticipated as workshops or study sessions
hosted by the Parks and Recreation Commission. Public input will be invited. The items
will then be refined based upon input received.
Administrative Draft Report
The administrative draft report is to analyze all of the data from the previous tasks and
synthesize that information into a comprehensive report as noted below. The consultant is
to make recommendations which take into account the current and future needs related to
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and MIG, Exhibit A
parks, conditions of existing facilities, and cost of modifications in recommending how
the current parks, trails, open space and recreational facilities and recreational
programming should be maintained, modified or enhanced to serve short, medium and
long range needs of the community. Planning -level cost estimates shall be
provided for all options. The findings and recommendations will be reviewed and
discussed at a community meeting and with the Parks and Recreation Commission and
with the Planning Commission. Consultant is to work with staff and city project team in
preparing the Public Draft Master Plan Report. An administrative draft of each major
chapter/section of the draft Master Plan and of all exhibits and appendices shall be
provided to staff for review. Some specific content of the Master Plan is discussed below.
The Draft Master Plan Report is intended to contain generous use of illustrations, maps,
exhibits, charts, and/or photos and visual imagery to supplement narrative sections and
help convey findings.
Executive Summary
The draft Master Plan report shall include an Executive Summary which provides an
overview of the process, outcomes, and recommendations and discusses all key points,
findings and conclusions.
Context & Setting
The draft Master Plan report shall include a section that discusses Cupertino, its existing
conditions, setting, related background, and provides a foundation for understanding the
Master Plan outcomes.
Vision and Goals
The draft Master Plan report shall include a section that discusses in detail the Vision,
Goals and associated objectives, policies or actions.
Analysis Section
The draft Master Plan report is to compile and summarize the analysis aspect of the
master planning process.
This section will include content from the Demographic Analysis report to assist in
estimating recreation demand and likely participation. Projections will be made for short
and medium term stages, and long term expectations noted. The demographic analysis is
intended to provide insight into likely programs, activities, and underserved groups for
future planning consideration.
This section will include content from the Recreation Trends report regarding state and
national trends which have a significant impact on the demand and delivery of recreational
services. Planning implications for recreation programs, services and facilities will be
identified. Cupertino’s demographic trends will be considered in this context and used to
help ensure the wider trends analysis findings are relevant to the local community.
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The overall Analysis Section is to include information from:
Analysis and assessment of the parks, trails, open space and recreational facilities
and programs
Demographic analysis and Recreation Trends analyses
Community meetings input
Community survey
Stakeholder and staff input
Parks and Recreation Commission and public input
Prioritization criteria to assist in selection of short, medium and long term park,
facility and programming improvements
Needs Assessment
The draft Master Plan report will include a Needs Assessment section which may be stand-
alone or incorporated into the Analysis section.
Opportunities
The draft Master Plan report will include an Opportunities section which may be stand-
alone or incorporated into the Analysis section.
Short, Medium and Long Term Projects and Programs
The draft Master Plan report will identify proposed short, medium and long term capital
projects and recreation programs as discussed above. Prioritization criteria shall be
included to guide the strategy for implementation. A timeline and budget to accomplish
the goals shall be included. This section may be stand-alone or incorporated into another
section as appropriate.
Costs and Funding Sources Report
A draft and final study shall be prepared addressing major costs and potential funding
sources. The study results regarding funding and revenue shall be included in the
Implementation Section below or as otherwise acceptable to City.
Implementation Section
The report is to include an Implementation section. This Section is to include at a
minimum:
Identify areas of possible revenue generation
Identify potential cost-sharing
Identify potential sources of funding (note, new fees went into effect July 2016)
Identify the responsible party or group for achieving the key goals and objectives of
the Master Plan
Identify items that will require additional staffing
Identify any major anticipated operational or maintenance impacts
Establish a time frame for accomplishing primary tasks
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Public Draft Report
Consultant shall incorporate feedback on the administrative draft report and prepare a
Public Draft Report.
Meetings
Up to 4 Public Input/Commission meetings or workshops (Prioritization Criteria,
Needs Assessment/Opportunities/Recommendations, Project List, and Sample
Plans/Toolbox)
1 City Council meeting
Deliverables
Prioritization Criteria, draft and final
Project List (short, medium and long term capital projects and recreation programs),
draft and final
Cost and funding sources study, draft and final
Other Master Plan elements noted above
Meeting materials and presentations as needed, for up to 4 Public Input/Commission
Meetings or Workshops
Meeting summaries, for up to 4 Public Input/Commission meetings or workshops
Meeting materials and presentation, City Council meeting
Parks, Open Space and Recreation Master Plan, Administrative Draft
Parks, Open Space and Recreation Master Plan, Public Draft
TASK F. Illustrations/Sample Site Plans
The Consultant shall prepare up to ten illustrations of design concepts or sample site plans.
Design concepts will illustrate sample solutions for an important feature or element of the
park and recreation system. Sample site plans may address an individual park and
provide a potential master plan (conceptual design diagram of potential
renovations/modifications) and a written summary of the illustrations/sample site plans.
New facility or amenities components and suggested location(s)
Components to be removed if any
Site improvements
Pathway/circulation improvements if applicable
Parking area modifications and approx. capacity
Sustainable upgrade recommendations
Cost information will be addressed in Task E.
For the Memorial Park/Quinlan Community Center/Senior Center/Sports Center area, the
Consultant shall prepare two to three concept plans and layouts as noted in Task E above.
Deliverables
Up to 10 Illustrations/Sample Site Plans and written summary, draft and final versions
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and MIG, Exhibit A
TASK G. Community Review, Draft Master Plan
The Consultant is to present the Draft Master Plan Report to the community for feedback
and input.
Public Input Meeting
The draft Master Plan will be presented at a public meeting, anticipated as a workshop
format. Public input and comments will be invited. The input will be provided to
Commissioners at subsequent meetings.
Public Input/Stakeholder Meeting
The draft Master Plan will be presented at a second meeting, anticipated as workshop or as
a presentation to an involved body such as the Bicycle Pedestrian Commission, Teen
Commission, or other group. Public input and comments will be invited. The input will
be provided to Commissioners at subsequent meetings.
Meetings
2 Public Input meetings or workshops
Deliverables
Meeting materials, presentation and report, 2 Community meetings or workshops
TASK H. City Commissions & Officials Review, Draft Master Plan
The Consultant is to present the Draft Master Plan Report and Park Master Plans to the
City's Commissions and elected officials for input and feedback, anticipated to be in study
session formats.
Commission Meetings
The draft Master Plan together with public input will be presented to the Planning
Commission, or possibly a joint Planning-Parks and Recreation Commission meeting, for
Commission feedback and further public input.
The draft Master Plan together with public input will be presented to the Parks and
Recreation Commission for Commission feedback and further public input.
Consultant shall provide meeting summary for each meeting. Input received and any
revisions requested by the Commissions will be forwarded to the City Council.
City Council Meeting
The draft Master Plan together with public and Commission input will be presented to the
City Council for review. Consultant shall provide a meeting summary.
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and MIG, Exhibit A
Meetings
1 Commission meeting (Planning Commission or joint Planning and Planning & Parks
and Recreation Commission)
1 Parks and Recreation Commission meeting
1 City Council meeting
Deliverables
Meeting agenda, meeting materials & presentations, 2 Commission meetings
Meeting agenda, meeting materials & presentation, 1 City Council meeting
Meeting summary reports, one for each meeting
TASK I. Parks, Open Space and Recreation Master Plan, Final Draft and Final
Upon final comment by City bodies, commissions and the community, the Consultant is
to revise the Draft Master Plan Report to reflect the input received. This revised
document shall be updated as the Final Draft Parks, Open Space and Recreation Master
Plan. Upon its completion the consultant shall present the Final Draft Master Plan to the
Commission(s) for their review and recommendation and provide the recommended
document with any proposed final revisions to City Council for approval.
After City Council action, Consultant shall incorporate any Council-requested revisions
and submit the adopted Final Parks, Open Space and Recreation Master Plan.
Meetings
1 Parks and Recreation Commission meeting
1 Planning Commission or second Parks and Recreation Commission meeting
1 City Council meeting, Final Draft Master Plan approval
Deliverables
Final Draft Parks, Open Space and Recreation Master Plan
Meeting materials and presentation, 2 Commission meetings
Meeting materials and presentation, 1 City Council meeting
Final adopted Parks, Open Space and Recreation Master Plan (4 printed/bound copies;
1 unbound copy; 1 electronic copy in format acceptable to the City
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and MIG, Exhibit A
EXHIBIT A-1
MATERIALS TO BE PROVIDED BY CITY
Materials to be provided by City for Task A include:
City General Plan/Community
Vision 2015-2040
City Capital Improvement Program
2016-17
City Comprehensive Annual
Financial Report
Recreation & Community Services
Budget
Stevens Creek Corridor Master Plan
(2006 document and new document
in prep)
McClellan Ranch Master Plan, 1993
McClellan Ranch Master Plan 2012
Update
McClellan Ranch Preserve, Historic
Structures Assessment, January
2014
Bicycle Transportation Plan,
adopted June 2016
North Vallco Master Plan, 2008
South Vallco Master Plan, 2008
South Vallco Connectivity Plan,
Dec. 2014
ADA Self Evaluation and Transition Plan
April 2015
Civic Center Master Plan 2015
Climate Action Plan January 2015
Recreation and Community Services
Annual Reports
Facility Use Policy
Athletic Field Use Policy
Maintenance & Improvement Agreement
for school fields, City and Cupertino
Union School District, November 2016
Park & Recreation Facility available
record documents
Recent Quarterly Recreation Brochures
Trail Plans & Assoc. Feasibility Studies
(Saratoga Creek Trail; Stevens Creek Trail;
Don Burnett Bridge and Homestead Road
to Mary Avenue Trail)
Countywide Trail Prioritization and Gaps
Analysis 2015
City standard details and specifications
City of Cupertino Community Surveys
(aka Godbe Research surveys
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and MIG, Exhibit B
EXHIBIT B
SCHEDULE OF PERFORMANCE
A detailed performance schedule will be developed as part of Task A.
The overall project schedule includes:
Council authorizes negotiation of services agreement: January 2017
Begin Task A: February 2017
Begin Task C: February 2017
Begin Task D: March 2017
Task I is anticipated to occur by early 2018, but may be adjusted during development
of schedule.
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EXHIBIT C
COMPENSATION
COMPENSATION for Basic Services
Task A $ 2,400
Task B 0
Task C 36,000
Task D 35,300
Task E 72,800
Task F 7,100
Task G 9,500
Task H 13,200
Task I 18,400
Subtotal, Services, Tasks A - I $194,700
Reimbursable Expenses Allowance $14,900
Basic Services, Not to Exceed: $209,600
Additional Services Allowance: $40,000
TOTAL CONTRACT, Not to Exceed: $249,600
An allowance for Additional services is provided, to be expended only upon advance City
authorization, in writing, for work outside the scope of basic services.
Potential Additional Services are noted below.
Detailed program analysis of programs provided by other non-City providers.
Create and host a stand-alone project website.
Prepare for and attend additional public or Commission meeting.
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-2151 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:11/8/2016 City Council
On agenda:Final action:1/24/2017
Title:Subject: 2015 Contractual Janitorial Services - Project No. 2015-23, contract amendment
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Amendment
B - Draft Resolution to amend FY 16/17 Operating Budget
Action ByDate Action ResultVer.
City Council1/24/20171
Subject: 2015 Contractual Janitorial Services - Project No. 2015-23, contract amendment
Staff recommends Council take the following actions:
1.AuthorizetheCityManagertoexecuteanamendment(AttachmentA)tothecurrent
janitorialservicescontracttoprovideforincreasedcontractorcompensationduetothe
adoption of City’s Minimum Wage
Ordinance (Ordinance No. 2151); and
2. Adopt Resolution No. 17-005 amending approved FY 16/17 Operating Budget by an
additional amount of $35,000 for janitorial services (Attachment B)
CITY OF CUPERTINO Printed on 1/18/2017Page 1 of 1
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PUBLIC WORKS DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: January 24, 2017
Subject
2015 Contractual Janitorial Services – Project No. 2015-23, contract amendment.
Recommended Action
Staff recommends Council take the following actions:
1. Authorize the City Manager to execute an amendment (Attachment A) to the
current janitorial services contract to provide for increased contractor
compensation due to the adoption of City’s Minimum Wage Ordinance
(Ordinance No. 2151); and
2. Adopt Draft Resolution amending approved FY 16/17 Operating Budget by
an additional amount of $35,000 for janitorial services (Attachment B).
Discussion
On June 16, 2015, at the conclusion of a formal bidding process, Council
authorized a contract award to IMPEC Group, Inc. (Contractor), for janitorial
services. The term of the awarded contract was for three years, with an option to
extend the term year to year for up to five years total. The schedule of bid prices
for the awarded contract was itemized among scopes of work for twenty various
City facilities. The bid prices for these various City facilities were lump sum and
inclusive of all labor and materials necessary to complete the janitorial services
specified in the contract. Due to the routine and reoccurring nature of janitorial
work, prevailing wage requirements do not apply to this awarded contract.
In 2015, when these services were subject to the formal bidding process, the
applicable minimum wage was $9 per hour and scheduled to become $10 per
hour beginning January 2016. Subsequently, the State of California has
authorized legislation to increase the minimum wage to $10.50 per hour
beginning January 2017 and $11 per hour beginning January 2018. With adoption
of the City’s Minimum Wage Ordinance No. 2151, this wage in Cupertino is now
scheduled to increase to $12 per hour beginning January 2017, $13.50 per hour
beginning January 2018 and $15.00 per hour beginning January 2019. Per the
terms of the awarded contract, IMPEC Group, Inc. may request a change in
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compensation due to unforeseen factors not caused by their negligence. The
scheduled increases in minimum wage applicable to employers within Cupertino
qualifies for a change in Contractor compensation.
The Contractor has submitted a request for increased compensation of $35,000
for the time period of January 1 through June 30, 2017 due to the increase in
minimum wage to $12 per hour. For the remaining term of the three year
agreement (July 1, 2017 through June 30, 2018), the contractor has requested an
additional $93,000 annually. The current contract provides for a consumer price
index (CPI) change in compensation beginning the third year of the agreement.
The $93,000 amount includes increased compensation for the minimum wage
increasing to $13.50 on January 1, 2018 and for a 3% CPI adjustment.
Per the 1996 lease agreement between the City and County of Santa Clara, the
City is reimbursed for all janitorial costs associated with the library. Staff has
advised the County that these costs are anticipated to increase. In FY16/17 the
reimbursement amount will be approximately $193,000.
Staff has evaluated this request with the observed Contractor staffing levels at
each facility and recommends that an amendment to the contract be authorized
to increase Contractor compensation for the remaining term of contract through
June 2018. Similar to the original contract, the amendment provides the City the
option to extend the contract on a year to year basis beyond 2018.
Sustainability Impact
No sustainability impact.
Fiscal Impact
In the FY16/17 operating budget, approximately $593,000 was budgeted for
janitorial services. With the increase recommended in calendar year 2017, an
additional $35,000 is needed in the various FY16/17 operating accounts that fund
janitorial services. The FY17/18 operating budget will include a request to fund
janitorial services for approximately $720,373.
_____________________________________
Prepared by: Roger Lee, Assistant Director of Public Works
Reviewed by: Timm Borden, Director of Public Works
Approved for Submission by: David Brandt, City Manager
Attachments:
289
A - Draft Amendment
B – Draft Resolution to amend FY 16/17 Operating Budget
290
FIRST AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF CUPERTINO
AND
IMPEC GROUP INC. FOR 2015 JANITORIAL SERVICES (PROJECT NO. 2015-23)
This First Amendment to the Contract between the City of Cupertino and IMPEC
Group, Inc. for reference dated January 24, 2017, is by and between the CITY OF
CUPERTINO, a municipal corporation (hereinafter "City") and IMPEC Group, Inc. whose
address 3350 Scott Blvd. Bldg. 8, Santa Clara, CA 95054, and is made with reference to the
following:
RECITALS:
A. On June 16, 2015 a contract was entered into by and between City and
Contractor (hereinafter "Contract") for routine janitorial services for various City
facilities.
B. City and Contractor desire to modify the Contract on the terms and
conditions set forth herein.
NOW, THEREFORE, it is mutually agreed by and between and undersigned
parties as follows:
1. Article 3, paragraph 3.1, of the Contract, “Contract Time” is modified to read
as follows:
The Contract Time will commence to run on July 01, 2015. City may give a
Notice to Proceed at any time within 30 Days after the Notice of Award.
Contractor shall not do any Work at the Site prior to the date on which the
Contract Time commences to run.
The term of this contract shall be three (3) years from the start date of the
contract. The City shall retain the option to extend the term of the contract on
a year-to-year basis not exceeding two (2) years from the expiration date of the
original term, for a possible total of five (5) years. Any such renewal after the
first three years shall be accomplished by the City providing a written notice
of renewal to the Contractor at least 30 days prior to expiration of the term.
Any such renewal shall contain the same provisions as the original agreement,
including an increase or decrease in material compensation paid to the
Contractor based only on the San Francisco Consumer Price Index (CPI-U) for
June 2018 as compared to June 2017 and up to $4200 additional per month for
every $1 increase in minimum wage above $13.50 per hour.
2. Article 4, paragraph 4.1, of the Contract, “Contract Sum” is modified to read as
follows:
291
City shall pay Contractor the Contract Sum for completion of Work in
accordance with Contract Documents as set forth in the completed Schedule of
Bid Prices (Document 00400) for all Work completed in calendar year 2016
(Attachment 1, page 1&2).
Compensation to Contractor for completion of Work performed during the
periods below in accordance with Contract Documents and the minimum
wage requirement shall be as follows:
a. From January 1, 2017 to June 30, 2017 (6 months) - $331,170.96 (Attachment
2, page 3);
b. From July 1, 2017 to December 31, 2017 (six months) - $341,122.14
(Attachment 3, page 4);
c. From January 1, 2018 to June 30, 2018 (six months) - $379,250.96
(Attachment 4, page 5).
The time periods of July 1, 2017 through June 30, 2018 include a fixed price
adjustment of 3%. No additional price adjustment will occur as a result of a
change the San Francisco CPI-U through June 30, 2018.
3. The above changes were substantially due to Ordinance No. 2151, enacted by
the Cupertino City Council on October 4, 2016, wherein the minimum wage
was increased from $10.50/hour to $12.00/hour beginning on January 1, 2017,
and increasing again to $13.50/hour on January 1, 2018.
4. Except as expressly modified herein, all other terms and covenants set forth in
the Contract shall remain the same and shall be in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this modification of
Contract to be executed.
CONTRACTOR CITY OF CUPERTINO
A Municipal Corporation
By____________________ By: ___________________
Title __________________ Title __________________
Date __________________
RECOMMENDED FOR APPROVAL:
By: _________________
Title ________________
APPROVED AS TO FORM:
____________________
292
City Attorney
ATTEST:
____________________
City Clerk
293
Attachment 1
Contract Price July 2015 – December 2016 (Per Contractor submitted Schedule of Bid
Prices Document 00400)
Page 1 of 5
294
Attachment 1
Contract Price July 2015 – December 2016 (Per Contractor submitted Schedule of Bid
Prices Document 00400) continued
Total Annual Amount: $592,308.75 (monthly $49,359.06)
Page 2 of 5
295
Attachment 2: Contract Price January 2017 – June 2017 (inclusive of $12.00/hour
minimum wage)
ITEM DESCRIPTION UNIT EST QTY Unit
Price/Mon.
Total/6mon.
JANUARY 2017 – JUNE 2017 JANITORIAL SERVICES
1 Street Side
containers
$ 6 Months $_798.04_/Mon. $_4,788.24_____
2 Blackberry
Farm/Retreat
Building
$ 6 Months $_3,192.17_
/Mon.
$_19,153.02____
3 City Hall
Building
$ 6 Months $_4,921.26_/Mo
n.
$_29,527.56____
_
4 Community Hall
Building
$ 6 Months $_1,596.08___/
Mon.
$_9,576.48____
5 Creekside Park
Building
$ 6 Months $_798.04_/Mon. $_4,788.24_____
6 McClellan Ranch
Environmental
Education Center
$ 6 Months $_1,995.10____/
Mon.
$_11,970.60____
7 Golf Course
Restrooms
$ 6 Months $_266.02__/Mon
.
$_1,596.12_____
8 Library Building $ 6 Months $_9,576.50___/
Mon.
$_57,459.00__.
9 McClellan Ranch
Building &
Museum
$ 6 Months $_266.02_/Mon. $_1,596.12_____
10 Monta Vista
Recreation & Pre
School Buildings
$ 6 Months $_2,261.12___/
Mon.
$_13,566.72____
11 Park Restrooms $ 6 Months $_1,995.10_____
/Mon.
$_11,970.60____
12 Portal Park
Building
$ 6 Months $_266.02_/Mon. $_1,596.12_____
13 Quinlan
Community
Center/History
Museum
Building
$ 6 Months $_7.182.37_____
/Mon.
$_43,094.22____
14 Senior Center
Building
$ 6 Months $_3,724.20____/
Mon.
$_22,345.20____
15 Service Center
Building
$ 6 Months $_1,862.10_____
/Mon.
$_11,172.60____
16 Sports Center
Building
$ 6 Months $_5,852.31____/
Mon.
$_35,113.86____
17 Wilson Park
Building
$ 6 Months $_931.04_/Mon. $_5,586.24____
18 M-F Day Porter $ 6 Months $_5,320.28_____
_/Mon.
$_31,921.68____
19 Call Back For
Unscheduled or
Emergency
Cleaning (2
hours per month)
$ 6 Months $_78.28__/Mon. $_469.68______
20 Unscheduled
Carpet Cleaning
(50 square feet
per month)
$ 6 Months $_223.65_/Mon. $_1,341.90_____
TOTAL/ YEAR:$_____________________
Alt. No. 1 Sa-Su Day Porter $ 6 Months $_2,089.46_____
/Mon.
$_12,536.76____
6 Month Total Amount: $331,170.96 (monthly $55,195.16) Page 3 of 5
296
Attachment 3: Contract Price July 2017 – December 2017 (inclusive of $12.00/hour
minimum wage and 3% CPI increase)
ITEM DESCRIPTION UNIT EST QTY Unit
Price/Mon.
Total/6mon.
JULY 2017 – DECEMBER 2017 JANITORIAL SERVICES
1 Street Side
containers
$ 6 Months $_822.02_/Mon. $_4,932.12_____
2 Blackberry
Farm/Retreat
Building
$ 6 Months $_3,288.09_
/Mon.
$_19,728.54____
3 City Hall
Building
$ 6 Months $_5,069.14_/Mo
n.
$_30,414.84____
_
4 Community Hall
Building
$ 6 Months $_1,644.04___/
Mon.
$_9,864.24____
5 Creekside Park
Building
$ 6 Months $_822.02_/Mon. $_4,932.12_____
6 McClellan Ranch
Environmental
Education Center
$ 6 Months $_2,055.05____/
Mon.
$_12,330.30____
7 Golf Course
Restrooms
$ 6 Months $_274.01__/Mon
.
$_1,644.06_____
8 Library Building $ 6 Months $_9,864.26___/
Mon.
$_59,185.56__.
9 McClellan Ranch
Building &
Museum
$ 6 Months $_274.01_/Mon. $_1,644.06_____
10 Monta Vista
Recreation & Pre
School Buildings
$ 6 Months $_2,329.06___/
Mon.
$_13,974.36____
11 Park Restrooms $ 6 Months $_2,055.05_____
/Mon.
$_12,330.03____
12 Portal Park
Building
$ 6 Months $_274.01_/Mon. $_1,644.06_____
13 Quinlan
Community
Center/History
Museum
Building
$ 6 Months $_7,398.19_____
/Mon.
$_44,389.14____
14 Senior Center
Building
$ 6 Months $_3,836.11____/
Mon.
$_23,016.66____
15 Service Center
Building
$ 6 Months $_1,918.05_____
/Mon.
$_11,508.83____
16 Sports Center
Building
$ 6 Months $_6,028.16____/
Mon.
$_36,168.96____
17 Wilson Park
Building
$ 6 Months $_959.02_/Mon. $_5,754.12____
18 M-F Day Porter $ 6 Months $_5,480.15_____
_/Mon.
$_32,880.09____
19 Call Back For
Unscheduled or
Emergency
Cleaning (2
hours per month)
$ 6 Months $_80.63__/Mon. $_483.78______
20 Unscheduled
Carpet Cleaning
(50 square feet
per month)
$ 6 Months $_230.37_/Mon. $_1,382.22_____
TOTAL/ YEAR:$_____________________
Alt. No. 1 Sa-Su Day Porter $ 6 Months $_2,152.25_____
/Mon.
$_12,913.50____
6 Months Total Amount: $341,122.14 (monthly $56,853.69) Page 4 of 5
297
Attachment 4: Contract price from January 2018- June 2018 (inclusive of $13.50/hour
minimum wage and no additional CPI increase)
ITEM DESCRIPTION UNIT EST QTY Unit
Price/Mon.
Total/6mon.
JANUARY 2018 – JUNE 2018 JANITORIAL SERVICES
1 Street Side
containers
$ 6 Months $_913.90_/Mon. $_5,483.40_____
2 Blackberry
Farm/Retreat
Building
$ 6 Months $_3,655.61_____
/Mon.
$_21,933.66____
3 City Hall
Building
$ 6 Months $_5,635.74_____
_/Mon.
$_33,814.44____
_______
4 Community Hall
Building
$ 6 Months $_1,827.80_____
______/Mon.
$_10,966.83____
_______
5 Creekside Park
Building
$ 6 Months $_913.90_/Mon. $_5,483.41_____
6 McClellan Ranch
Environmental
Education Center
$ 6 Months $_2,284.76_____
______/Mon.
$_13,708.54____
_______
7 Golf Course
Restrooms
$ 6 Months $_304.64_/Mon. $_1,827.83_____
8 Library Building $ 6 Months $_10,966.83____
_____/Mon.
$_65,800.97____
_______.
9 McClellan Ranch
Building &
Museum
$ 6 Months $_304.64_/Mon. $_1,827.83____
10 Monta Vista
Recreation & Pre
School Buildings
$ 6 Months $_2,589.39_____
______/Mon.
$_15,536.37____
_______
11 Park Restrooms $ 6 Months $_2,284.76_____
______/Mon.
$_13,708.54____
_______
12 Portal Park
Building
$ 6 Months $_304.64_/Mon. $_1,827.83_____
13 Quinlan
Community
Center/History
Museum
Building
$ 6 Months $_8,255.12_____
______/Mon.
$_49,350.73____
_______
14 Senior Center
Building
$ 6 Months $_4,264.89_____
______/Mon.
$_25,589.32____
_______
15 Service Center
Building
$ 6 Months $_2,132.44_____
______/Mon.
$_12,794.66____
_______
16 Sports Center
Building
$ 6 Months $_6,701.96_____
______/Mon.
$_40,211.73____
_______
17 Wilson Park
Building
$ 6 Months $_1,066.22_____
______/Mon.
$_6,397.29_____
______
18 M-F Day Porter $ 6 Months $_6,092.69_____
______/Mon.
$_36,556.15____
_______
19 Call Back For
Unscheduled or
Emergency
Cleaning (2
hours per month)
$ 6 Months $_89.64_______
____/Mon.
$_537.85______
_____
20 Unscheduled
Carpet Cleaning
(50 square feet
per month)
$ 6 Months $_256.12______
_____/Mon.
$_1,536.70_____
______
TOTAL/ YEAR:$_____________________
Alt. No. 1 Sa-Su Day Porter $ 6 Months $_2,392.81_____
______/Mon.
$_14,356.87____
_______
6 Month Total Amount: $379,250.96 (monthly $63,208.49) Page 5 of 5
298
1
RESOLUTION NO. 17-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING A CONTRACT AMENDMENT WITH IMPEC GROUP, INC. FOR
JANITORIAL SERVICES AND AUTHORIZING AN AMENDMENT TO FY16/17
ANNUAL OPERATING BUDGET TO APPROPRIATE AN ADDITIONAL $35,000 TO
PUBLIC WORKS FOR THIS PURPOSE
WHEREAS, the City of Cupertino (City), a municipal corporation and general law city
duly organized and existing under and pursuant to the laws of the State of California
(City) is authorized to enter contracts on its behalf and for the benefit of the City; and
WHEREAS, the City completed the formal bidding process for the 2015 Contractual
Janitorial Services in June 2015; and
WHEREAS, IMPEC GROUP, INC. was selected as the lowest responsible bidder; and
WHEREAS, the additional reasons supporting the entrance of the City into the Contract
for Janitorial Services is set forth in detail in the staff reports and hearings for June 16,
2015 Council meetings and are incorporated herein by reference; and
WHEREAS, on October 4, 2016 the City adopted Ordinance No. 16-2151 City’s
Minimum Wage Ordinance, effectively increasing the minimum wage to be paid to
certain employees of IMPEC GROUP, INC.; and
WHEREAS, the consideration by the City Council of the adoption of this Resolution has
been duly noticed pursuant to applicable laws and Council provided members of the
public an opportunity to comment and be heard and considered all testimony and
evidence in connection with the adoption of this Resolution; and
WHEREAS, the City Council determines that the adoption of this Resolution is in the
public interest.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES
HEREBY FIND, DETERMINE, RESOLVE, AND ORDER AS FOLLOWS:
Section 1. Recitals. The City Council does herby find, determine, and resolve that
the foregoing recitals are true and correct.
299
2
Section 2. Approval and Authorization. The City Council does further resolve that:
a. The City Manager is authorized to negotiate and execute the contract
amendment with IMPEC Group, Inc., in substantially similar form as
presented to Council on January 24, 2017, and is further authorized to
negotiate and execute options within the Agreement, subject to future
appropriations; and
b. The Fiscal Year 2016/2017 Annual Operating Budget is amended to include an
increase of $35,000 for the additional costs above the $592,308.75 amount as
previously budgeted.
Section 3: Effective date: This Resolution is effective immediately upon adoption.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 24th day of January 2017, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
________________________________
Grace Schmidt, City Clerk Savita Vaidhyanathan, Mayor
300
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-2240 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:1/3/2017 City Council
On agenda:Final action:1/24/2017
Title:Subject: Application for Alcohol Beverage License for Gogigo, Inc. (dba Gogigo Korean BBQ), 10815
N. Wolfe Road, Bldg A Suite A3
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Application
Action ByDate Action ResultVer.
City Council1/24/20171
Subject:ApplicationforAlcoholBeverageLicenseforGogigo,Inc.(dbaGogigoKorean
BBQ), 10815 N. Wolfe Road, Bldg A Suite A3
RecommendapprovaltotheCaliforniaDepartmentofAlcoholicBeverageControlofthe
applicationforAlcoholBeverageLicenseforGogigo,Inc(dbaGogigoKoreanBBQ),10815
N. Wolfe Road, Bldg A Suite A3
CITY OF CUPERTINO Printed on 1/18/2017Page 1 of 1
powered by Legistar™301
CITY COUNCIL STAFF REPORT
Meeting: January 24, 2017
Subject
Application for Alcoholic Beverage License for Gogigo Korean BBQ, 10815 N. Wolfe
Road, Building A, Suite A3
Recommended Action
Recommend approval to the California Department of Alcoholic Beverage Control of
the Application for Alcoholic Beverage License for Gogigo Korean BBQ, 10815 N. Wolfe
Road, Building A, Suite A3.
Description
Name of Business: Gogigo Korean BBQ
Location: 10815 N. Wolfe Road, Building A, Suite A3
Type of Business: Restaurant
Type of License: 41 – On-Sale Beer & Wine – Eating Place (Restaurant)
Reason for Application: Annual Fees, Original Fees
Discussion
There are no zoning or use permit restrictions which would prohibit the sale of alcohol
as proposed and staff has no objection to the issuance of this license. License Type 41
authorizes the sale of beer and wine for consumption on or off the premises where sold.
Sustainability Impact
None
Fiscal Impact
None
_____________________________________
Prepared by: Jeffrey Tsumura, Assistant Planner, Planning Department
Reviewed by: Benjamin Fu, Assistant Director of Community Development; Aarti
Shrivastava, Assistant City Manager - Community Development and Strategic Planning
Approved for Submission by: David Brandt, City Manager
Attachment: A - Application
COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 www.cupertino.org
302
303
304
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-2243 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:1/4/2017 City Council
On agenda:Final action:1/24/2017
Title:Subject: 2017 CDBG City-Wide Curb Ramp Installation Project, Project No. 2017-109
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Bid Summary
B - Draft Contract
Action ByDate Action ResultVer.
City Council1/24/20171
Subject: 2017 CDBG City-Wide Curb Ramp Installation Project, Project No. 2017-109
AuthorizetheCityManagertoawardandexecuteacontractwithJJRConstruction,Inc.,inthe
amount of $233,100 and approve a construction contingency of $11,900, for a total of $235,000
CITY OF CUPERTINO Printed on 1/18/2017Page 1 of 1
powered by Legistar™305
PUBLIC WORKS DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: January 24, 2017
Subject
2017 CDBG City-Wide Curb Ramp Installation Project, Project No. 2017-109
Recommended Action
Authorize the City Manager to award and execute a contract with JJR Construction,
Inc., in the amount of $223,100 and approve a construction contingency of $11,900, for a
total of $235,000.
Discussion
On December 20, 2016, the City received four bids for the 2017 CDBG City-Wide Curb
Ramp Installation Project. The work will generally consist of installing ADA Curb
Ramps at various locations throughout the City. The following is a summary of bids
deemed complete:
Bidder Bid Amount
Engineers Estimate $ 234,953.00
Nor-Cal Concrete $ 311,328.50
Sposeto Engineering, Inc. $ 308,679.00
Spencon Construction, Inc. $ 244,783.50
JJR Construction, Inc. $ 223,100.00
The lowest responsive bid for this project is 5.05% below the engineers estimate and
within the total available budget. The engineers estimate for this project was based
upon competitively bid unit costs of a similar project awarded this past August. JJR
Construction, Inc. has satisfactory completed prior concrete projects for the City. With
the scope and quantity of work defined specifically for the City’s CDBG funding
application for this project, there is no advantage in rejecting and rebidding this work.
Additionally, each week of favorable weather is critical to meet the overall construction
schedule. This project will start as early as this month.
Sustainability Impact
No sustainability impact.
306
Fiscal Impact
Award of the project will result in a fiscal impact of up to $235,000. Sufficient funds
have been budgeted and are available from account numbers 260-72-709 600-623 (CDBG
Grant) and 270-82-821 900-921 (Concrete Work).
_____________________________________
Prepared by: David Stillman, Senior Civil Engineer
Reviewed by: Timm Borden, Director of Public Works
Approved for Submission by: David Brandt, City Manager
Attachments:
A – Bid Summary
B - Draft Contract
307
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8
DOCUMENT 00520
CONTRACT
THIS CONTRACT, dated this ___ day of , 2017, by and between _________________, whose place
of business is located at ___________________________ (“Contractor”), and the CITY OF CUPERTINO, a Municipal
Corporation of the State of California (“City”) acting under and by virtue of the authority vested in the City by the laws
of the State of California.
WHEREAS, City, on the ___ day of _____, 2017 awarded to Contractor the following Project:
PROJECT NUMBER 2017-109
2017 CDBG CITY-WIDE CURB RAMPS INSTILLATION
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and City agree
as follows:
Article 1. Work
1.1 Contractor shall complete all Work specified in the Contract Documents, in accordance with the Specifications,
Drawings, and all other terms and conditions of the Contract Documents.
Article 2. Agency and Notices to City
2.1 City has designated Roger Lee, Assistant Director of Public Works, to act as City’s Authorized Representative(s),
who will represent City in performing City’s duties and responsibilities and exercising City’s rights and authorities
in Contract Documents. City may change the individual(s) acting as City’s Authorized Representative(s), or
delegate one or more specific functions to one or more specific City’s Representatives, including without limitation
engineering, architectural, inspection and general administrative functions, at any time with notice and without
liability to Contractor. Each City’s Representative is the beneficiary of all Contractor obligations to City,
including without limitation, all releases and indemnities.
2.2 All notices or demands to City under the Contract Documents shall be to City’s Authorized Representative at:
10300 Torre Avenue, Cupertino, California 95014 or to such other person(s) and address (es) as City shall
provide to Contractor.
Article 3. Contract Time and Liquidated Damages
3.1 Contract Time.
The Contract Time will commence to run on the date indicated in the Notice to Proceed. City may give a
Notice to Proceed at any time within 30 Days after the Notice of Award. Contractor shall not do any Work at
the Site prior to the date on which the Contract Time commences to run.
Contractor shall achieve Final Completion of the entire Work and be ready for Final Payment in accordance
with Section 00700 (General Provisions) by June 30, 2017 as provided in Document 00700 (General
Provisions)
3.2 Liquidated Damages.
City and Contractor recognize that time is of the essence of this Contract and that City will suffer financial loss
in the form of contract administration expenses (such as project management and consultant expenses), if all or
any part of the Work is not completed within the times specified above, plus any extensions thereof allowed in
309
accordance with the Contract Documents. Consistent with Document 00700 (General Provisions), Contractor
and City agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the
amount of actual damages incurred by City because of a delay in completion of all or any part of the Work.
Accordingly, City and Contractor agree that as liquidated damages for delay Contractor shall pay City:
3.2.1 $500 for each Calendar Day that expires after the time specified herein for Contractor to achieve Final
Completion of the entire Work as specified above.
3.2.2 $75 per Calendar Day for failure to remove concrete from a work area within the same calendar week.
3.2.3 $75 per Calendar Day for failure to replace asphalt to finish grade within 30 calendar days.
Liquidated damages shall apply cumulatively and, except as provided below, shall be presumed to be the
damages suffered by City resulting from delay in completion of the Work.
3.3 Liquidated damages for delay shall only cover administrative, overhead, interest on bonds, and general loss of
public use damages suffered by City as a result of delay. Liquidated damages shall not cover the cost of
completion of the Work, damages resulting from defective Work, lost revenues or costs of substitute facilities,
or damages suffered by others who then seek to recover their damages from City (for example, delay claims of
other contractors, subcontractors, tenants, or other third-parties), and defense costs thereof.
Article 4. Contract Sum
4.1 City shall pay Contractor the Contract Sum for completion of Work in accordance with Contract Documents as
set forth in Contractor’s Bid, attached hereto: See Exhibit “A” attached
Article 5. Contractor’s Representations
In order to induce City to enter into this Contract, Contractor makes the following representations and warranties:
5.1 Contractor has visited the Site and has examined thoroughly and understood the nature and extent of th e
Contract Documents, Work, Site, locality, actual conditions, as-built conditions, and all local conditions, and
federal, state and local laws and regulations that in any manner may affect cost, progress, performance or
furnishing of Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of
construction to be employed by Contractor and safety precautions and programs incident thereto.
5.2 Contractor has examined thoroughly and understood all reports of exploration and tests of subsurface
conditions, as-built drawings, drawings, products specifications or reports, available for Bidding purposes, of
physical conditions, including Underground Facilities, or which may appear in the Drawings. Contractor
accepts the determination set forth in these Documents and Document 00700 (General Provisions) of the limited
extent of the information contained in such materials upon which Contractor may be entitled to rely. Contractor
agrees that except for the information so identified, Contractor does not and shall not rely on any other
information contained in such reports and drawings.
5.3 Contractor has conducted or obtained and has understood all such examinations, investigations, explorations,
tests, reports and studies (in addition to or to supplement those referred to in Section 5.2 of this Document
00520) that pertain to the subsurface conditions, as-built conditions, underground facilities, and all other
physical conditions at or contiguous to the Site or otherwise that may affect the cost, progress, performance or
furnishing of Work, as Contractor considers necessary for the performance or furnishing of Work at the Contract
Sum, within the Contract Time and in accordance with the other terms and conditions of the Contract
Documents, including specifically the provisions of Document 00700 (General Provisions); and no additional
examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be
required by Contractor for such purposes.
5.4 Contractor has correlated its knowledge and the results of all such observations, examinations, investigations,
explorations, tests, reports and studies with the terms and conditions of the Contract Documents.
310
5.5 Contractor has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has
discovered in or among the Contract Documents and as-built drawings and actual conditions and the written
resolution thereof through Addenda issued by City is acceptable to Contractor.
5.6 Contractor is duly organized, existing and in good standing under applicable state law, and is duly qualified to
conduct business in the State of California.
5.7 Contractor has duly authorized the execution, delivery and performance of this Contract, the other Contract
Documents and the Work to be performed herein. The Contract Documents do not violate or create a default
under any instrument, contract, order or decree binding on Contractor.
5.8 Contractor has listed Subcontractors pursuant to the Subcontractor Listing Law, California Public Contracting
Code §4100 et seq. in document 00340 (Subcontractors List)
Article 6. Contract Documents
6.1 Contract Documents consist of the following documents, including all changes, addenda, and modifications
thereto:
Document 00002 Signature Page
Document 00003 Project Directory
Document 00100 Advertisement For Bids
Document 00200 Instructions to Bidders
Document 00210 Indemnity and Release Agreement
Document 00400 Bid Form
Document 00411 Bond Accompanying Bid
Document 00430 Subcontractors List
Document 00450 Statement of Qualifications
Document 00481 Non-Collusion Affidavit
Document 00482 Bidder Certifications
Document 00520 Contract
Document 00530 Insurance Forms
Document 00610 Construction Performance Bond
Document 00620 Construction Labor and Material Payment Bond
Document 00630 Guaranty
Document 00650 Agreement and Release of Any and All Claims
Document 00660 Substitution Request Form
Document 00700 General Conditions
Document 00800 Special Conditions
Document 00820 Traffic Control Requirements
Document 00821 Insurance
Document 00822 Apprenticeship Program
Document 01010 Technical Specifications
Addenda(s)
6.2 There are no Contract Documents other than those listed in this Document 00520, Article 6. The Contract
Documents may only be amended, modified or supplemented as provided in Document 00700 (General
Provisions).
Article 7. Miscellaneous
7.1 Terms used in this Contract are defined in Document 00700 (General Provisions) and will have the meaning
indicated therein.
311
7.2 It is understood and agreed that in no instance are the persons signing this Contract for or on behalf of City or
acting as an employee, agent, or representative of City, liable on this Contract or any of the Contract
Documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that
liability of the City is limited and confined to such liability as authorized or imposed by the Contract
Documents or applicable law.
7.3 Contractor shall not assign any portion of the Contract Documents, and may subcontract portions of the
Contract Documents only in compliance with the Subcontractor Listing Law, California Public Contracting
Code §4100 et seq.
7.4 The Contract Sum includes all allowances (if any).
7.5 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a
public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights,
title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. §15) or
under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business
and Professions Code), arising from purchases of goods, services or materials pursuant to the public works
contract or the subcontract. This assignment shall be made and become effective at the time City tenders final
payment to Contractor, without further acknowledgment by the parties.
7.6 Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed
to execute the Contract, as determined by Director of the State of California Department of Industrial Relations,
are deemed included in the Contract Documents and on file at City’s office, or m ay be obtained of the State of
California web site http://www.dir.ca.gov/DLSR/PWD/Northern.html and shall be made available to any
interested party on request. Pursuant to Section 1861 of the Labor Code, Contractor represents that it is aware
of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability
for workers’ compensation or to undertake self -insurance in accordance with the provisions of that Code, and
Contractor shall comply with such provisions before commencing the performance of the Work of the Contract
Documents.
7.7 Should any part, term or provision of this Contract or any of the Contract Documents, or any document required
herein or therein to be executed or delivered, be declared invalid, void or unenforceable, all remaining parts,
terms and provisions shall remain in full force and effect and shall in no way be invalidated, impaired or
affected thereby. If the provisions of any law causing such invalidity, illegality or unenforceability may b e
waived, they are hereby waived to the end that this Contract and the Contract Documents may be deemed valid
and binding contracts, enforceable in accordance with their terms to the greatest extent permitted by applicable
law. In the event any provision not otherwise included in the Contract Documents is required to be included by
any applicable law, that provision is deemed included herein by this reference(or, if such provision is required
to be included in any particular portion of the Contract Documents, that provision is deemed included in that
portion).
7.8 This Contract and the Contract Documents shall be deemed to have been entered into in the County of Santa
Clara, State of California, and governed in all respects by California law (excluding choice of law rules). The
exclusive venue for all disputes or litigation hereunder shall be in Santa Clara County. Both parties hereby
waive their rights under California Code of Civil Procedure Section 394 to file a motion to transfer any action
or proceeding arising out of the Contract Documents to another venue. Contractor accepts the Claims
Procedure in Document 00700, Article 12, established under the California Government Code, Title 1, Division
3.6, Part 3, Chapter 5.
312
IN WITNESS WHEREOF the parties have executed this Contract in triplicate the day and year first above written.
2017 CDBG CITY-WIDE CURB RAMPS INSTILLATION
CITY: CONTRACTOR:
CITY OF CUPERTINO, a Municipal Corporation of the
State of California
By:
[Signature]
Attest:
[Please print name here]
City Clerk: Grace Schmidt
Approved as to form by City Attorney: Title:
______________________________________________
[If Corporation: Chairman , President, or Vice President]
City Attorney: Randolph Hom By:
I hereby certify, under penalty of perjury, that Timm Borden,
Director of Public Works of the City of Cupertino was duly
authorized to execute this document.
[Signature]
[Please print name here]
Title:
[If Corporation: Secretary, Assistant Secretary,
Chief Financial Officer, or Assistant Treasurer]
Dated:
_____________________________
David Brandt, City Manager of the City of Cupertino, a
Municipal Corporation of the State of California
________________________________________________
State Contractor’s License No. Classification
________________________________________________
Expiration Date
Designated Representative: Taxpayer ID No._________________________________
Name: David Stillman Name:
Title: Senior Title:
Address: 10300 Torre Ave., Cupertino, CA 95014 Address:
Phone: 408-777-3249 Phone:
Facsimile: 408-777-3354 Facsimile:
AMOUNT:
ACCOUNT NUMBER:
FILE NO.:
NOTARY ACKNOLEDGEMENT IS REQUIRED. IF A
CORPORATION, CORPORATE SEAL AND CORPORATE
NOTARY ACKNOWLEDEMENT AND FEDERAL TAX ID ARE
REQUIRED. IF NOT A CORPORATION SOCIAL SECURITY
NO. IS REQUIRED
END OF DOCUMENT
313
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-2227 Name:
Status:Type:Reports by Council and Staff Agenda Ready
File created:In control:12/13/2016 City Council
On agenda:Final action:1/24/2017
Title:Subject: Lehigh Cement Plant Noise Monitoring report
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Lehigh Cement Plant Noise Monitoring Report dated November 29, 2016
Action ByDate Action ResultVer.
City Council1/24/20171
Subject: Lehigh Cement Plant Noise Monitoring report
Receive the Lehigh Cement Plant Noise Monitoring report. No action is required
CITY OF CUPERTINO Printed on 1/18/2017Page 1 of 1
powered by Legistar™314
1
PUBLIC WORKS DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: January 24, 2017
Subject
Lehigh Cement Plant Noise Monitoring report.
Recommended Action
Receive the report. No action is required.
Discussion
The Lehigh Cement Plant (facility) is located off of Stevens Creek Boulevard in the
western hillsides of Santa Clara County, west of the City of Cupertino. The facility is not
located in the City of Cupertino and the City cannot currently impose any operational
conditions on the facility. The City does maintain an active interest in operations,
particularly as they may impact health and safety within the City.
At prior Council meetings, public comment from residents was received regarding
excessive noise reportedly emanating from the facility. As a result of these comments,
staff was directed by Council to study the potential issue.
In April, 2016 the City retained CSDA Design Group (consultant) to conduct an
acoustical noise monitoring study (study) within the City at locations most likely to be
affected by facility operations. The study included the positioning of two continuous
noise measurement devices that recorded all audio continuously for 24 hours a day for
a one month time period. The measurements started October 3, 2016, and concluded on
October 28, 2016. Staff did not contact or coordinate with the operators of the facility
regarding any aspect of the study.
Staff and the consultant coordinated with the enforcement agency (County of Santa
Clara – Department of Environmental Health (DEH)) and with concerned residents to
determine two locations to install the noise measurement devices. The two locations
selected were reported by residents as being particularly loud and by DEH as locations
with optimal acoustics to determine if DEH noise standards were being exceeded. Both
locations were in the backyards of homeowners engaged in the process and willing to
315
2
maintain a written log of peak noise they may observe. The goal of the study was to
determine if either City or DEH noise standards are being exceeded and if so, were
there any trends that emerged which would assist DEH in future investigation and
enforcement. Two evening community meetings were held, one on July 13th to solicit
additional input for the study and again on December 7th to receive input on draft study
findings.
The findings of the study are presented within the report titled “Lehigh Cement Plant
Noise Monitoring Report” (Attachment A). DEH is in receipt of the report and has
stated that report content will assist them in their ongoing regulation of the facility.
During the one month study time period, facility noise levels did not exceed either DEH
or City noise standards. No additional noise monitoring by the City is scheduled.
_____________________________________
Prepared by: Roger Lee, Assistant Director of Public Works
Reviewed by: Timm Borden, Director of Public Works
Approved for Submission by: David Brandt, City Manager
Attachments:
A – Lehigh Cement Plant Noise Monitoring Report dated November 29, 2016
316
CITY OF CUPERTINO
PUBLIC WORKS DEPARTMENT
November 29, 2016
LEHIGH CEMENT PLANT
NOISE MONITORING REPORT
317
Lehigh Cement Plant
Noise Monitoring Report
November 29, 2016
Prepared for:
Alex Wykoff
Environmental Programs Division Specialist
City of Cupertino Public Works Department
Prepared by:
Randy Waldeck, PE
Greg Baker
CSDA Design Group
475 Sansome Street, Suite 800
San Francisco, CA 94111
CSDA Project No. 1626.01
318
Lehigh Cement Plant – Noise Monitoring Report
November 29, 2016
CSDA Project No. 1626.01
Page 2 of 11
Table of Contents
Section Page
1.0 Executive Summary ........................................................................................................................... 3
2.0 Project Description ............................................................................................................................ 3
3.0 Acoustical Criteria and Measurement Locations .............................................................................. 3
4.0 Observations ..................................................................................................................................... 6
4.1 Weather ................................................................................................................................ 6
4.2 General Noise Conditions ..................................................................................................... 6
5.0 Data Analysis Methodology .............................................................................................................. 6
6.0 Results ............................................................................................................................................... 6
6.1 10160 Firwood Drive ............................................................................................................. 7
6.1.1 Notes ....................................................................................................................... 7
6.1.2 Observations............................................................................................................ 7
6.1.3 Measured Levels ...................................................................................................... 7
6.2 23022 Voss Avenue ............................................................................................................... 8
6.2.1 Notes ....................................................................................................................... 8
6.2.2 Observations............................................................................................................ 8
6.2.3 Measured Levels ...................................................................................................... 8
6.3 Time History Graphs .............................................................................................................. 9
6.3.1 October 3-4.............................................................................................................. 9
6.3.2 October 11-12 ....................................................................................................... 10
List of Tables
Table Page
Table 1 – Equipment Noise and Vibration Levels .......................................... Error! Bookmark not defined.
List of Figures
Figure Page
Figure 1 – ASHRAE Building Vibration Standards ........................................... Error! Bookmark not defined.
319
Lehigh Cement Plant – Noise Monitoring Report
November 29, 2016
CSDA Project No. 1626.01
Page 3 of 11
1.0 Executive Summary
Unattended, continuous noise measurements were conducted at two locations to quantify and
characterize noise from Lehigh Cement Plant operations due to neighborhood complaints. The
measurements started around 2:00 PM on October 3, 2016, and concluded around 10:00 AM on
October 28, 2016.
The noise environment during the nighttime hours (10 PM to 7 AM) at the two measurement
locations was characterized by crickets, wildlife, periodic aircraft flyovers, traffic on nearby roads,
suburban noises (e.g., music from inside the houses, people talking), and occasional cement plant
noise.
Cement plant noise was clearly audible for discrete periods on two nights, October 3 and
October 11. However, the cement plant noise level during these time periods did not exceed the
County noise ordinance. Graphs showing the sound levels and links to the audio files are contained
in this report.
2.0 Project Description
The Lehigh Cement Plant is located at Permanente Quarry, a limestone quarry in an unincorporated area
of Santa Clara County (the County), California. The quarry is a limestone and aggregate mining
operation, with a cement plant (the Plant) located just west of Cupertino owned by Lehigh Southwest
Cement. The Plant recently undertook noise studies to verify noise reduction modifications of an
induced draft fan in June 2015; however, the Plant has received continued complaints due to noises
described by nearby residents as “continuous machinery, start-ups and stoppages of conveyer belts,
kiln, rock crushers, and many other heavy machinery.”
CSDA Design Group was retained to conduct and analyze one month of noise measurements (with audio
recordings) to determine if the Plant’s noise levels were above the Santa Clara County noise standards.
This report provides a summary of our findings for the continuous noise measurements conducted
during October of 2016.
3.0 Acoustical Criteria and Measurement Locations
The Santa Clara County Code of Ordinances1 stipulates that single-family residential land shall not be
subject to noise levels above 55 dBA during the day and 45 dBA during the night for noise sources with
durations of at least 30 minutes in an hour. It further stipulates a penalty of five decibels for noise that
“contains a steady, audible tone such as a whine, screech or hum or contains music or speech.” Based
on the tonality and character of noise heard in the audio files (discussed later in the report), it is
appropriate to use the 5 dBA penalty. Table 3-1 contains the applicable criteria for the survey.
1Santa Clara County Code 2016 § B11-152:
https://www.municode.com/library/ca/santa_clara_county/codes/code_of_ordinances?nodeId=TITBRE_DIVB11ENHE_CHVIIIC
ONOVI_SB11-152EXNOLI
320
Lehigh Cement Plant – Noise Monitoring Report
November 29, 2016
CSDA Project No. 1626.01
Page 4 of 11
Table 3-1: Santa Clara County Code of Ordinances Noise Standards for Noise with Steady, Audible Tones
Receiving Land Use Category Time Period
Maximum Noise Level
(dBA)
One- and Two-family Residential
10 PM to 7 AM 40
7 AM to 10 PM 50
Specifically, Section B11-152(a)(2) has the language:
(2) No person may operate or cause to be operated any source of sound at any location
within the unincorporated territory of the county or allow the creation of any noise on
property owned, leased, occupied or otherwise controlled by the person, which causes the
noise level when measured on any other property either incorporated or unincorporated,
to exceed:
a. The noise standard for that land use as specified in table B11-152 for a cumulative
period of more than thirty minutes in any hour; or
b. The noise standard plus five dB for a cumulative period of more than fifteen minutes in
any hour; or
c. The noise standard plus ten dB for a cumulative period of more than five minutes in any
hour; or
d. The noise standard plus fifteen dB for a cumulative period of more than one minute in
any hour; or
e. The noise standard plus twenty dB or the maximum measured ambient, for any period
of time.
(3) If the measured ambient level exceeds that permissible within any of the first four noise
limit categories above, the allowable noise exposure standard will be increased in five dB
increments in each category as appropriate to encompass or reflect the ambient noise
level. In the event the ambient noise level exceeds the fifth noise limit category, the
maximum allowable noise level under the category will be increased to reflect the
maximum ambient noise level.
Figure 3-1 depicts the two designated sound monitoring sites and the location of the cement plant.
Figure 3-2 shows a typical noise monitor installation.
321
Lehigh Cement Plant – Noise Monitoring Report
November 29, 2016
CSDA Project No. 1626.01
Page 5 of 11
Figure 3-1: Noise Monitoring Locations
Figure 3-2: Photo of Noise Monitor at Voss Street
23022 Voss Street
10160 Firwood Drive
Cement Plant
322
Lehigh Cement Plant – Noise Monitoring Report
November 29, 2016
CSDA Project No. 1626.01
Page 6 of 11
4.0 Observations
4.1 Weather
From October 3 to 28, 2016, the maximum wind speed was 24 miles per hour (mph), with an average
speed of 5 mph; wind noise generally did not affect the measurement (there were a couple night where
wind noise did affect the measurements, which we ignored). The temperature ranged from a low of
49F to a high of 88F, while the average was 64F. The humidity ranged from a low of 16% on October 8
to a high of 100% from October 15 to 16, while averaging 64%. It rained from October 14 to 16 for a
total of one inch, and again from October 27 to 28 for another total of one inch. The data from the rainy
nights was ignored.
4.2 General Noise Conditions
Crickets, wildlife, periodic aircraft flyovers, and suburban noises (e.g., music from inside the houses,
people talking), were the primary contributors to the ambient nighttime noise environment. Road traffic
and background “hum” from the Plant were minor contributors to the overall nighttime noise levels. The
specific nature of these noises, as well as those that were above the County’s noise standards, are
described in Section 6.0 below.
5.0 Data Analysis Methodology
At the start of the monitoring, the City asked residents to log the time and description of any noise
heard from the cement plant. At the conclusion of the monitoring period, the City only received a couple
logs from the residents, and the only time that the cement plant noise was noted as audible was during
the daytime. Unfortunately, the audio recording functionality was only enabled during the nighttime
hours so we could not listen to the daytime sounds. In addition, other ambient sources such as traffic
noise dominate during the daytime. As a result, the log data was not usable, so we utilized the following
analysis methodology.
To determine which activity took place at the time the noise standards were exceeded, we compared
the time history graphs2 from the field measurements to the noises that dominated when listening to
the audio recordings. We then notated the various time history graphs, characterizing the primary and
secondary noise sources. The tables presented in Section 6.0 show the results of the analysis.
6.0 Results
Ambient noise levels at the Voss Avenue location were generally higher than the Firwood Drive location.
We have summarized the results at each measurement location in the following sections. The noise
levels in the tables show both the range of measured noise levels (stripping out any short-term, atypical
noisy events such as loud motorcycles or sirens),3 as well as an average level (Leq) for the same time
period. In Section 6.3, we have presented time history graphs showing the noise level during times when
cement plant noise was clearly audible.
2 Time history graph: A graph showing the fluctuating noise level over time.
3 The range of noise levels presented in the table show the range between the L95 (all noise levels except the quietest 5%) and
the L10 (all noise levels except the loudest 10%). This effectively strips out atypical quiet noise levels such as periodic lulls in
Hwy 280/SR 85 traffic noise and noisy events such as sirens or loud motorcycles.
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6.1 10160 Firwood Drive
6.1.1 Notes
The measurement was taken on a tripod six feet above the ground, and more than 10 feet from any
reflecting vertical surface. The measurement commenced at 12:00 PM on October 3, 2016, and ended at
10:00 AM on October 28, 2016.
The equipment was calibrated immediately before and after the measurement with no significant drift
in response.
6.1.2 Observations
Typical noises included crickets, road traffic, and aircraft flyovers. Cement plant noise was typically
faintly audible during the late night/early morning hours. There were some times when the cement
plant noise was clearly audible. These instances are graphed in Section 6.3 of the report and audio links
are provided.
6.1.3 Measured Levels
Table 6-1: 10160 Firwood Drive – Nighttime Measured Levels (10 PM to 7 AM)
Start Date Range (dBA) Leq (dBA)
Dominant
Noise(s) Start Date Range (dBA) Leq (dBA) Dominant Noise
October 3 35 to 46 41 Crickets, cement
plant at times October 16 33 to 48 42 Rain
October 4 30 to 45 40 Crickets October 17 31 to 45 40 Crickets
October 5 35 to 45 42 Crickets October 18 35 to 44 41 Crickets
October 6 35 to 44 41 Crickets October 19 33 to 45 43 Crickets
October 7 35 to 47 43 Crickets October 20 35 to 44 42 Crickets
October 8 33 to 46 42 Crickets October 21 32 to 44 38 Crickets
October 9 31 to 45 41 Crickets October 22 29 to 44 37 Crickets
October 10 28 to 42 37 Crickets October 23 38 to 49 44 Crickets
October 11 27 to 42 36 Crickets October 24 34 to 47 42 Crickets
October 12 30 to 43 39 Crickets October 25 33 to 44 40 Crickets
October 13 37 to 44 42 Crickets October 26 31 to 41 40 Crickets
October 14 30 to 41 37 Crickets October 27 39 to 50 47 Rain
October 15 36 to 50 46 Rain
For the date where the cement plant is noted as audible, noise from the plant did not exceed the
County’s noise ordinance. This is due to the ambient noise level (from crickets) being at or above the
cement plant noise level. As per the Ordinance, if the ambient noise level is higher than the noise limits
presented in Table 3-1 then the noise limits are raised in 5 dB increments. Please see Section 6.3 which
contains graphs showing the time history along with links to the audio files.
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6.2 23022 Voss Avenue
6.2.1 Notes
The measurement was taken on a tripod 6 feet above the ground and more than 10 feet from any
reflecting vertical surface. The measurement commenced at 2:00 PM on October 3, 2016, and ended at
10:00 AM on October 28, 2016.
The equipment was calibrated immediately before and after the measurement with no significant drift
in response.
6.2.2 Observations
Typical noises included crickets, wildlife (e.g., owls), road traffic, and periodic aircraft flyovers. In
general, the cricket noise levels were louder (likely due to the larger amount of open space) than at
Firwood Drive. There were some times when the cement plant noise was clearly audible. These
instances are graphed in Section 6.3 of the report and audio links are provided.
6.2.3 Measured Levels
Table 6-3: Voss Avenue – Nighttime Measured Levels (10 PM to 7 AM)
Start Date Range (dBA) Leq (dBA)
Dominant Noise
(s) Start Date Range (dBA) Leq (dBA) Dominant Noise
October 3 32 to 47 45
Crickets, cement
plant (minor) at
times
October 16 32 to 49 42 Rain
October 4 31 to 51 43 Crickets October 17 28 to 47 39 Crickets
October 5 31 to 50 45 Crickets October 18 33 to 47 43 Crickets
October 6 35 to 52 47 Crickets October 19 34 to 47 43 Crickets
October 7 33 to 51 47 Crickets October 20 36 to 50 45 Crickets
October 8 33 to 53 48 Crickets October 21 30 to 45 40 Crickets
October 9 36 to 51 45 Crickets October 22 29 to 40 36 Crickets
October 10 30 to 49 44 Crickets October 23 36 to 48 44 Crickets
October 11 29 to 50 44 Crickets, cement
plant at times October 24 34 to 47 41 Crickets
October 12 29 to 46 40 Crickets October 25 33 to 45 41 Crickets
October 13 36 to 49 45 Crickets October 26 34 to 42 39 Crickets
October 14 30 to 47 42 Crickets October 27 33 to 46 43 Rain
October 15 31 to 45 42 Rain
For the dates where the cement plant is noted as audible, noise from the plant did not exceed the
County’s noise ordinance. This is due to the ambient noise level (from crickets) being at or above the
cement plant noise level. As per the Ordinance, if the ambient noise level is higher than the noise limits
presented in Table 3-1 then the noise limits are raised in 5 dB increments. Please see Section 6.3 which
contains graphs showing the time history along with links to the audio files.
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6.3 Time History Graphs
6.3.1 October 3-4
Note: Blue circle represents time when the cement plant was clearly audible; minute 27-55 of the following audio file: Link to Audio File
Firwood Drive, 41.7
crickets, cement plant Cement plant clearly audible
Voss Street, 48.2
crickets louder than cement plant
Voss Street, 48.6
crickets, cement plant
Voss Street, 45.3
crickets and cement plant
25
30
35
40
45
50
55
60
65
70
75
Le
q
(
d
B
)
Data Samples Leq
10/3/2016 7:00:00 PM -10/4/2016 10:00:00 AM
Firwood Drive Voss Street
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6.3.2 October 11-12
Note: Blue circle represents time when the cement plant was clearly audible; minutes 37 and 40 of the 11:00 PM file have
periods of time when crickets stopped and cement plant was clearly audible. Sound level when crickets stop is ~42 dBA. Link
to Audio File.
Crickets, faint cement plant
whine, 49.4 dBA
Voss Street, 54.2 dBA
airplane
Crickets + cement,
49 dBA; cement and distant
crickets, 42 dBA
Voss Street, 52.1
airplane
Voss Street, 48.4 dBA
crickets
25
30
35
40
45
50
55
60
65
70
75
Le
q
(
d
B
)
Data Samples Leq
10/11/2016 7:00:00 PM -10/12/2016 7:00:00 AM
Firwood Drive Voss Street
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This concludes our noise monitoring report for the Lehigh Cement Plant measurements conducted
during October of 2016.
328
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File #: Version:116-2223 Name:
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On agenda:Final action:1/24/2017
Title:Subject: Report from Valley Transportation Authority (VTA) regarding Next Network Program
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Subject:ReportfromValleyTransportationAuthority(VTA)regardingNextNetwork
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-1950 Name:
Status:Type:Reports by Council and Staff Agenda Ready
File created:In control:9/1/2016 City Council
On agenda:Final action:1/24/2017
Title:Subject: Report on Committee assignments and general comments
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council1/24/20171
Subject:Report on Committee assignments and general comments
Report on Committee assignments and general comments
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