RULES COMMITTEE: 10-03-07 ITEM: E

~CITYOF

SANJOSE Memorandum CAPITAL 01' SILICON VALLEY

TO: .Honorable Mayor & City Council Members

FROM: Lee Price, MMC City Clerk

SUBJECT: The Public Record September 21-26,2007

DATE: September 27,2007

ITEMS TRANSMITTED TO THE ADMINISTRATION

ITEMS FILED. FOR THE PUBLIC RECORD

(a) Response memo from City Manager Debra Figone to City Attorney's Office Staff dated September 24,2007 regarding retiree healthcare.

(b) Letter from TMobile to City Clerk Lee Price dated September 19,2007 regarding ocr Site Number SF24681 San Jose Light Pole 6.

(c) Memo from Mayor Reed to Sunshine Reform Task Force copies of three letters (California Narcotic Officers' Association, California Peace Officers' Association, and California Police Chiefs Association) regarding their work on police records.

(d) Letter from Association of Bay Area Governments to the Mayor, Councilmembers, and City Clerk regarding notice of election of the president and vice president of the Association of Bay Area Governments.

(e) Notice of Applicant ofAnteneh G. Lakew dba Paradise Valley Shuttle was filed with the California Public Utilities Commission on September 12, 2007.

(f) Email from Joanne Benjamin, Executive Director of Santa Clara County Cities Association to City Clerk Lee Price received on September 23,2007 call for applications: Climate Protection Grants.

(g) Email from Joanne Benjamin, Executive Director of Santa Clara County Cities Association to City Clerk Lee Price received on September 23, 2007 regarding three upcoming appointments to positions on regional level boards and commissions.

Lee Price, MMC City Clerk

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P{AhL{~ !.?t(!(}/)C( 0c CITYOF ~

SAN]OSE Memorandum' CAPJ'D\L OF SILICON VAl.LEY

TO: City Attorney's Office Staff FROM: Debra Figone (See Distribution)

SUBJECT: Retiree Healthcare DATE: September 24, 2007

I received your communication regarding the references to retiree healthcare benefits in the Unit 99 Benefit and Compensation Summary. The summary reflects the Council's direction of August 28, 2007, to engage stakeholders, including the Executive Management (Unit 99) Forum, in identifying the strategies and alternatives to address the City's unfunded liability for retiree healthcare.

We understand the concern of all City employees about the retiree healthcare issue. .It is a significant challenge facing not only the City of San Jose, but many government agencies. Our plan has been, and will continue to be, to engage stakeholders in a collaborative fashion to come up with strategies and alternatives to address the cost to employees and the City for retiree healthcare benefits. These will be presented to the City Council this fiscal year.

The employees in Unit 99 are a key group of executive management and professional employees. We will need to count on the leadership of this group of employees to play an integral role in helping the City meet the challenges facing us in the next several years.

These challenges are not easy and require us to have difficult conversations. I look forward to hearing your ideas and suggestions. Please feel free to pass along your ideas directly or through our meetings with the Executive Management Forum.

c: Mayor and City Council Rick Doyle, City Attorney

Distribution: Brian Doyle Michael Groves Jennifer Pousho Tom Murtha Ken Johnson Joseph DiCiuccio Michael J. Dodson Suzanne Felkner' Daisy Nishigaya

-Robert Fabela Richard Brennen Angelique Gaeta Nkia D. Richardson Thomas Alston Karin Murabito Margo Laskowska Shannon Smyth-Mendoza Rosa Tsongtaatarii Norma L. Acosta Sandra Lee Carl B. Mitchell Paul D. Ahn Ellen Donnelly Mollie Dent Vera M. I. Todorov J. Ken Mower Barbara Jordan Clifford Greenberg Mark DeCastro Glenn Schwarzbach Brian C. Hopper Johnny V. Phan

II III •®-Mobile

September 19,2007

City Clerk Lee Price 200 Santa Clara St., 7th Floor San Jose, CA 95133

Re: OCI Site Number SF24681 San Jose Light Pole 6

Dear Ms. Price,

General Order 159-A (GO-159-A) of the California Public Utilities Commission (CPUC) requires cellular carriers to send a notification letter of a utility's intent to construct a cellular facility to CPUC's Safety and Enforcement Division within 15 business days of receipt of all requisite local land use approvals. The notification letter shall state that such approvals have been received, or that no land use approvals are required.

As set forth in GO 159-A, copies of the notification letter are required to be served concurrently by mail on the local governmental agency. Where the affected local governmental agency is a city, service of the notification letter to the city shall consist of service of separate copies of the notification letter upon the City Manager, the City Planning Director and the City Clerk. m order to comply with these requirements, I have enclosed a copy of the notification letter for our project within your city limits.

If you have any questions or require additional information, please contact Rod De La Rosa at (925) 521-5948.

Renee Davis Compliance Consultant Ornnipoint Communications mc.

Attachments

T-Mobile USA, Inc. Office: (925) 521-5500 Fax: (925) 521·5501 1855 Gateway Blvd., Suite 900 Concord, CA 94520

· · · · ~ · ·Mobile·® ATTACHMENT A

1. Project Location:

Site Identification Number:

Site Name:

Site Address:

County:

Site Location:

Assessor's Parcel Number:

Latitude: NAD 83

Longitude: NAD 83

2. Project Description:

Number of Antennas to be installed:

Tower Design:

Tower Appearance:

Tower Height:

A) Structure Height

B) Top of antenna Height

BUilding Size(s):

SF24681

San Jose Light Pole 6

6102 Glen Harbor

Santa Clara

San Jose

N/A (City ROW)

37 14 14.7 N

1214912.6 W

1

Light Standard

Light Standard

30.7'

30.7'

N/A

3. Business addresses of all Governmental Agencies

City of San Jose 200 Santa Clara Street, yth Floor San Jose, CA 95133

4. Land Use Approval:

N/A

5. If Land Use approval was not required: Explain reason for exemption and attach documentationfrom the jurisdiction (i.e. copy ofordinance) that officially states exemption:

ENCROACHMENT PERMIT, NO LAND USE APPROVAL REQUIRED

T-Mobile USA, Inc. Office: (925) 521-5500

9/115'1X)~{Wi21-5501 '1'8~I~way Blvd., Suite 900 Concord, CA 94520

· •· · tF · ·Mobile·® September 19,2007

Safety & Enforcement Division California Public Utilities Commission 505 Van Ness Avenue San Francisco, CA 94102 RE: OCI Site Number SF24681 San Jose Light Pole 6

This is to provide the Commission with notice pursuant to the provisions of General Order No. 159A of the Public Utilities Commission ofthe State of California ("CPUC") that:

(a) The cellular company has obtained all requisite land use approval for the project described in Attachment A.

eYlCX" cuchmeAt-­_X_ _ (b) That no land use approval is required because -fer rn(-r-A copy of this notification is also being provided to the appropriate local governmental agency for its information. Should there be any questions regarding this project, or if you disagree with any of the information contained herein, please contact. Rod DeLaRosa at (925) 521-5948 ofOmnipoint Communications, Inc. dba T-Mobile, USA corporate identification number U-3056-C.

Renee Davis Compliance Consultant

c:City of San Jose

T-Mobile USA, Inc. Office: (925) 521-5500 Fax: (925) 521-5501 1855 Gateway Blvd., Suite 900 Concord, CA 94520

CITYOF ~ SAN]OSE Memorandum CAPITAL OF SILICON VALLEY

TO: Sunshine Reform Task Force FROM: Mayor Chuck Reed

SUBJECT: See Below DATE: September 20,2007

APproved~ ~Q Date c=t {Lor 01

Enclosed are copies of three letters I received today regarding your work on police records.

Cc: City Council City Clerk City Manager

CaliforniaNarcotic Officers' President

JOHN AVILA Association Fresno Co. S.D.

1st Vice President RUDY TAl

San Diego P.D.

2nd Vice President GIL VAN ATTENHOVEN

DOJ Sacramento

3rd Vice President BOBBY HERNANDEZ San Bernardino Co. S.D.

4th Vice President JAMES C. HODGES

Alameda Co. S.D.

Seigeoiit a~ AnTis RICK SERRATO

Santa Ana P.D.

Executive Director ROBERT G. HUSSEY. Los Angeles Co. S.D. (ret)

General Counsel BRUCE WOLFE

Van Nuys

Director of Training JAMES AUMOND Orange Co. D.A. (ret)

Legislative Counsel JOHN LOVELL

Sacramento

Conference Chairperson MICHEAL KENNEDY

San Luis Obispo D.A.

Legislative Chairperson ROBERT Elsberg

DOJ San FranciscolNDIC

Region I Chairperson ANTHONY MUNOZ

Alameda P.D.

Region /I Chairperson JORGE GIL·BLANCO WSINIRancho Cordova

Region III Chairperson JAMES ROYER

Hawthorne P.D.

Region IV Chairperson STEVE RIDDLE

San Diego P.D.

Region V Chairperson James Ellis

CDC-Ironwood State Prison

Region VI Chairperson MARK RITCHIE Ventura Co. S.D.

Region VII' Chairperson RACHEL CAPELLO

DOJIBNE Fresno

Region VIII Chairperson RONALD PROSE DOJIBNE Redding

Immediate Past President MICHAEL KENNEDY

San Luis Obispo D.A.

28245 AVENUE CROCKERSTE 230 - SANTA CLARITA, CALIFORNIA 91355-1201

(661) 775-6960· (877) 775-NARC • FAX (661) 775-1648

WWW.CNOA.ORG

September 17,2007

Honorable Chuck Reed Mayor of the City of San Jose San Jose City Hall 200 East Santa Clara Street San Jose, CA 95113

Dear Mayor Reed:

The California Narcotic Officers Association is strongly opposed to the proposed "Sunshine" recommendations that are currently before the San Jose City Council. Our organization is made up of over 7000 law enforcement professionals throughout California who are charged with the responsibility of enforcing the state's controlled substance laws. It's very dangerous work - over 80 names on the Peace Officers' Memorial Wall in Sacramento are CNOA members. Included among those 80 names are two past presidents of CNOA.

Much of our work involves the use of undercover officers and the inadvertent disclosure of the identity of one ofthose individuals is more than embarrassment, it is more than a chilling effect, it can result in their death. Although no one would deliberately disclose the name of an undercover officer, it is inevitable that the broad brush disclosure required by this proposal would result in mistakes being made - mistakes that could have tragic consequences. This is a risk we do not believe is justified by any potential countervailing benefit - particularly when the

. California Public Records Act already provides ample disclosure ofall manner ofpublic documents.

We believe that these recommendations are well-intentioned, but it is equally clear that they were developed by persons with little first-hand knowledge of police procedures and the risks associated with much ofpolice work. CNOA respectfully requests that you decline to approve this proposal.

Sincerely,

John Avila President

CNOA"FOR BETTER NARCOTIC ENFORCEMENT"

California Peace Officers' Association 1-1-55 Response Road. Suite 190. Sacramento. CA 95815

(916) 263-05-1-1 FA.\' (916) 263-6090 E-maiL cpo~u:icpoa.org Website: ,yww.cpoa.org

September 17,2007

Honorable Chuck Reed Mayor of the City of San Jose S;w Jose City Hall 200 East Santa Clara Street San Jose. CA 951 13

Dear Mayor Reed:

The California Peace Officers' Association represents the entire scope of the law enforcement profession. Our membership includes sheriffs. chiefs of police. COllllillllld staff at aU jurisdictional1eYels. as weB as rank: and file members. We haye examined the proposed Sunshine ordinance that will be considered by your City Coullcil 011 September 20 and ,,,ould respectfully request that you decline to adopt it.

Put simply. CPOA believes that this ordinance 'Yill compromise the fundamental public safety mission: place officers. witnesses, and citizen by-standers at risk expose those ,,,ho are detennined not to ltaye conllllitted a crune to the same public opprobriulU as if they had: all without adnmcing any public policy objectiYes tItat are not already protected by the California Public Records Act.

To fully protect the public. law enforcement depends on the confidence of the conllllUnity that they '''ill be protected. That confidence is undemuned if the names of citizens can be freely disclosed to the yery people about whose crinunal conduct they are complaining. As lught follm"s day. an oyerbroad reporting requirement as contemplated by this proposal will haye a chilling effect on citizen participation and will canse a decline Ul citizen confidence in law enforcemenfs ability to protect them. Ironically, tillS proposal will also punish those ,,,110 may llaye been initially suspected of a crime. but rn.Y~ lllti.J1!.~.t~Jy ~~~!l.

determined to be blameless. The disclosure of their name in connection with a criminal lllYestigatioll 'Yill be the type of comnnuuty scarlet letter that will be accessed by landlords and employers and will un£1irly disadnmtage tIlem.

Our organization stands ready to work: with you in deYeloping appropriate ordinances if that is your wislL but we belieye that the Califomia Public Records Act more than adequately addresses these issues.

Thank: you for considerlllg the' 'iews of the California Peace Officers' Association.

Sincerely.

Sam Spiegel President

California Police Chiefs Association P.o. Box 255745, Sacramento, California 95865-5745

(Office) 916-481-8000 (Fax) 916-481-8008 e-mail calchief@cpcachiefs.org web site www.cpcachiefs.org

September 17,2007

Honorable Chuck Reed Mayor ofthe City of San Jose San Jose City Hall 200 East Santa Clara Street San Jose, CA 95113

Dear Mayor Reed:

The California Police Chiefs Association has serious concerns about the proposed "Sunshine" recommendation that is slated to be considered by the San Jose City Council on September 20. The members of our organization are the primary providers ofpublic safety in California - our members provide front-line law enforcement protection for over three quarters of Californians - and we believe that a proposal such as the one you are considering will have the unintended consequence of severely compromising the fundamental public safety mission of law enforcement.

Adoption of these proposals would inevitably result in the release ofthe identities of complaining witnesses as well as those who, although not witnesses, nevertheless provided law enforcement with important information that lead to the discovery of a crime and apprehension of those responsible. This type ofpublic disclosure will not only result in retaliation and/or intimidation being visited upon these citizens, but it will have the further consequence of chilling future cooperation ofprivate citizens. It is axiomatic that successful law enforcement depends on the cooperation and assistance of law-abiding citizens, but that cooperation will evaporate if citizens believe that their identities will be accessible by those about whom they are reporting. Although it is true that the identities of some of these citizens would be revealed if they were to testify at trial, this proposal is so all-encompassing that it sweeps up virtually every name listed in any police report - whether or not the individual will ultimately be a witness in a case; whether or not a case is even fIled at all!

The California Police Chiefs Association does not believe that any public policy will be served by adoption ofthese proposals.. It is noteworthy that the City and County of San Francisco (which has in place policies similar to what is being contemplated in San Jose) has a public safety profile that is significantly less safe than the City of San Jose. We believe that the standards of California' Public Records Act - which has been tested though extensive litigation - provide sufficient standards to keep the public fully informed and still assure that the fundamental mission of public safety, the personal security and privacy of individual citizens, and the public safety ofcommunities is not compromised.

Thank you for considering the views ofthe California Police Chiefs Association.

Sincerely,

Richard Word President

· '-f1~~d ASSOCIATION OF BAY AREA GOVERNMENTS.· 0 Representing City and County Governments of the San Francisco Bay Area ABAG

MEMO

Date: September 21, 2007

To: All SupeNisors, Mayors, Councilmembers, Clerks of Couniy Boards of SupeNisors, Ciiy and Town Clerks, and Other Officers Having Charge of Elections in Member Jurisdictions

From: Fred Castro _~ /' /l_~ Clerk of the Board f ~~

SUbject: NOTICE OF ElECTION OF THE PRESIDENT AND VICE PRESIDENT OF THE ASSOCIATION OF BAY AREA GOVERNMENTS

The bylaws of the Association of Bay Area Governments (Association) provide for the election of the President and Vice President every two years. With the concurrence of the Executive Board and in accordance with election procedures adopted by the Board notice is hereby given that an election of the President and Vice President will take place in 2008.

The bylaws provide that the President and Vice President shall be elected by secret. ballot of supeNisors, mayors and councilmembers of jurisdictions belonging to the Association. Per the Association's Legal Counsel, the secret ballot provisions of the Association's bylaws for electing a President and a Vice President do not violate the Brown Act because the electors neither constitute a "body" nor fall within the Brown Act's definition of a "legislative body."

ElECTION CALENDAR

• The offices to be filled are those of the President and Vice President of the Association. The term of office for these positions begins January 17, 2008 and expires January 15, 201 O.

• Procedures for the election of President and Vice President are attached.

• The period for filing nomination pe-I-itions with the Executive Director begins immediately and ends at noon on Friday, October 12, 2007. Nomination petitions must be obtained from the Executive Director of the Association.

• Ballots will be mailed to couniy and ciiy clerks and others having charge of elections by Friday, October 19, 2007.

Mailing Address PO_ Box 2050 Oakland, California 94604-2050 (510) 464-7900 Fax (510) 464-7985 info@abag.ca.gov

Location: Joseph P Bort MetroCenter 101 Eighth Street Oakland, (;ilifornia 94607-4756

2

Notice of Election September 21,2007

• Completed ballots may be filed with the Executive Director no earlier than Monday, October 22, 2007 and no later -than 12 noon on "Monday, November 5, 2007.

• Opening and counting of ballots will be conducted at 1:00 PM, Wednesday, November 7,2007 at the Association's offices.

• Pursuant to the Association's Procedures for Election of -the President and Vice President: "If, at the close of nominations, only one candidate 'has been nominated for the office of President or for the office of Vice President then such sole nominee is declared hereby to be elected to such office." A certification of election notice is to be mailed to county and city clerks and others having charge of elections by Monday, October 15, 2007.

Please direct any questions to the Clerk of the Board at (510) 464 7913.

Attachment: Procedures for Election of the President and Vice President

Cc: Henry L. Gardner, Executive Director Patricia M. Jones, Assistant Executive Director Kenneth Moy, Legal Counsel

ASSOCIATION OF BAY AREA GOVERNMENTS

PROCEDURES FOR ELECTION OF THE PRESIDENT AND VICE PRESIDENT

The Executive Board of the Association has adopted procedures for election of the President and Vice President of the Association. These rules are intended to govern lhe "filing of l\Jominalion Petitions, mailing and "filing of Voter Ballots, and the canvassing of Voter Ballots. The following procedures have been adopted to govern elections of the Association and shall be liberally construed.

DEFINITIONS

"Voting Member" - anyone of the following officers: Supervisor, Mayor, or City or Town Councilmember. Any action of a Voting Member taken under these Procedures (e.g., signing or circulating a petition or voting) shall be valid if the Voting Member held such office at the time of his or her acting, notwithstanding any subsequent change of status.

"Member Jurisdiction" - anyone of the counties, cities or towns wrlich are members of the Association of Bay Area Governments.

"Clerk" - the Clerk of County Board of Supervisors, City or Town Clerk, or other officer having charge of elections in a Member Jurisdid-ion.

"Voter Ballot" - ballot which will contain lhe names of the nominees for the offices of President and Vice President.

"ldentifica1-ion Envelope" - envelope which will contain the Voter Ballot as marked by the Voting Member, with the Declaration and Certification printed on its face.

"Return Envelope" - envelope which will contain signed and unsigned Identification Envelopes.

"Executive Director" - the Executive Director of the Associa-I-ion of Bay Area Governments.

"Legal Counsel" - lhe Legal Counsel of the Association of Bay Area Governments.

2

Procedures Tor Election Revised 9/1 7/92

NOMINATION

Section 1 - Basic Reference - The regulations, procedures and forms set forth in the California Election Laws shall be utilized as a basic reference unless otherwise in conflict with the Bylaws or Procedures and approved by the Legal Counsel of the Association.

Section 2 - Notice of Election - On or before the 'first·day for filing Nomina"l"ion Peti"tions, the Execu1ive Director shall mail to each Voting Member and Clerk, 1) a No"l"ice of Election and 2) a copy of the approved Procedures. The Notice shall contain a statement of:

a. The offices to be filled and the term;

b. The first and last day for filing of Nomination Petitions;

c. The first and last day for the Executive Director to mail to the Clerks the Voter Ballots;

d. The last day and time for the Executive Director to receive from the Clerk the Return Envelope containing the individuals Identification Envelopes with the enclosed Voter Ballots; and

e. The date, time and place for counting Voter Ballots.

Section 3 - Nomination Petition - Nomination Petitions for the ofFices of President and Vice President shall be substantially in the form set forth in "the Eled"ions Code and shall include -the verified statement of acceptance. Nomina"l"ion Peti-I-ion forms shall be furnished only by "the Executive Director.

Section 4 - Signature of Voting Members - Not less than fifteen nor more than twenty Voting Members shall sign the Petition. No Voting Member may sign more than one Petition for the same office, and in the event he or she does so, his or her signature shall count only on the first Petition filed which contains his or her signature.

Section 5 - Nomination for Office - Nominations shall close on the last day for filing of Nomination Petitions. If, at the close of nominations, only one candidate has been nominated for the office of President or for the office of Vice President, then such sole nominee is declared hereby to be elected to such office.

3

Procedures for Election Revised 9/1 7/92

Section 6 - Circulation of Petition - Any Voting Member may circulate a Nomination Petition. The circulator must sign a Certificate of Circulator on the Nomination Petition. The signature to each Petition shall be on the same form, and each signer shall add the date of his or her signing, his or her official title, and his or her member county, city or town. Successive signers may not use ditto marks.

Section 7 - Mailing of Ballots - The Executive Director, wi-~hin the dates prescribed in the Notice of Elec1-ion, shall mail to each Clerk one Voter Ballot and IdentiFication Envelope for each Vo-~ing Member of his or her county, city or town and one Return Envelope to return the documents to the Executive Director.

Section 8 - Voting of Ballots - Upon receipt of the items referred to in Section 7, the Clerk shall arrange to hand the Voter Ballot to each Voting Member.

Each Voting Member shall mark his or her Ballot in the presence of the Clerk but in a manner that the Clerk does not see how it is being marked. Each Voting Member shall place his or her marked Ballot in the' Identification Envelope, seal the Identification Envelope, sign the Declaration printed on the face of the Identification Envelope and hand it sealed to the Clerk before whom the Ballot is marked. The Clerk shall complete the Certification on the face of the Identification Envelope.

The Clerk shall deposit the signed Identification Envelopes in a safe place in his or her office, to be kep-~ by him or her until it is necessary to File -~he

signed and unsigned Iden-l-ifica1-ion Envelopes with '~he Executive Director in accordanc~ with the final date and -I-ime for such "filing prescribed in the Notice of EleG~ion..

Section 9 - Filing of Ballots - The Clerk shall place each signed Identification Envelope which contains a Voter Ballot from a Voting Member in the Return Envelope. The Clerk shall mail to the Executive Director the Return Envelope with enclosures, by the final date and time for such filing prescribed in the Notice of Election. -_.. ­

No Voter Ballot shall be accepted for count by the Counting Board unless' received within the time specified in the notice of Election and unless the Declaration by the Voting Member and Certi"Fica-l-ion of the Clerk have been completed.

4

Procedures for Eleclion Revised 9/1 7/92

COUNTING AND CANVASSING OF THE VOTER BAllOTS

Section 10 - Custody of Return Envelopes - The Executive Director shall have custody of all Return Envelopes after they are received from the Clerks and until the date and time for counting of Voter Ballots.

Section 11 - Counting of Voter Ballots - The Executive Director shall co'mmence to count the voter ballots on the date, at the time and in the place specified in the Notice of Election. The Executive Director may appoint a Counting Board to assist him in counting the Voter Ballots. l\lo person who is a Voting Member shall be eligible to be appointed to the Coun'ting Board. The Coun1'ing Board shall consist of not less 'than two and not more than fo.ur per'sons. The Execu1'ive Director shall determine the form of tally sheets and shall determine necessary and required procedures to assure an accurate counting of 'the Voter Ballots.

Section 12 - Canvassing Board - A Canvassing Board shall be appointed by the President, sUbject to Executive Board confirmation, consisting of three persons who shall be voting members other than candidates for President and Vice President. A majority of this Board shall be present at all times during the counting of Voter Ballots and shall pass upon challenges of Voter Ballots, and all questions relating to the signing and certification of Identification Envelopes and the marking of Voter Ballots. The Canvassing Board further shall receive from the Executive Director the Voter Ballot tally results after completion of count by the Executive Director, and shall thereupon post the results and certify the count to the Executive Board.

Section 13 - Public Attendance - The public shall be permitted to be in attendance during the counting and canvassing of the Voter Ballots, subject only to reasonable restrid'ions issued by the Execu1ive Director to prevent interference with such counting and canvassing.

Section 14 ..., Declaration of Election - Legal Counsel shall declare elected the persons having received the highest number of votes given for the offices of President and Vice President, submit a written declaration to the President and the Executive Director, and report the results to the Executive Board at its next regular meeting. In the event of a tie, selection will be by drawing of lots.

PcAbL{~ f?ptt(Jkl e­

BEFORE THE PUBLIC UTILITIES COMMISSION 0 THE STATE OF CALIFORNIA

In the matter of the Application of) ANTENEH G. LAKEW doing business)

As paradise valley Shuttle) For authority to operate a passenger state) Corporation Between points in San Francisco) Alameda, Contra Costa, Santa Clara,) APPLICATION NO.__~_

Solano, Marin and San Mateo Counties) And the San Francisco, Oakland and) San Jose International airports and to) Establish a Zone of Rate Freedom.

Application

The application ofANTENEH G. LAKEW doing business as PARADISE VALl

shuttle here in after referred to as "applicant" respectfully states.

I

The exact name ofapplicant is ANTENEH G. LAKEW doing business as

PARADISE VALLEY Shuttle. The applicant is an individual doing business paradise VE

shuttle its principal place of business is located at: ­

1025 McKay Dr. # 22

San Jose, CA 95131, and its telephone numbers are

(408) 432-6202, and (408) 483-4036.

II

All notices, correspondence and communications concerning the application should be

Addressed to:

Anteneh G. Lakew 1025 McKay Dr. # 22 San Jose, CA 95131

Telephone (408) 432-6202 (408) 483-4036

m

By this application, applicant seek authority, under Section 1031~ et seq.

of the California Public Utilities Code, to provide as passenger stage corporation

an on-call, door-to-door services between points in San Francisco, Alameda,

Contra Costa, Santa Clara, Solano, Marin, and San Mateo Counties, on the one

hand, and San Francisco, Oakland, and San Jose international airports, on the

other hand. A description of the proposed services area within which applicant

will operate is attached hereto, as Exhibit "A," and by this reference made a part

hereof

Applicant also seek authority under Section 4542.2 of the Code to

establish a zone ofrate freedom ("ZORF") whereby he may assess fare which are

$10.00 above and below the fares which are $30.00 and less, as are set forth in

Exhibit "C" attached hereto and $15.00 for fares $30.00 and above, with a

minimum fare of $6.00 per adult passenger.

N

Attached hereto, as Exhibit "B," and by this reference made a part hereof,

is a map showing the points and areas proposed to be served by applicant

V

Proposed initial fares to be assessed for the transportation to be provided

under the authority sought will be in accordance with those attached hereto,

marked Exhibit "C," and by this reference made a part hereof.

VI

Appli.cant proposes to perfonn an on-call, door-to-door, twenty-four (24)

hours per day, seven (7) days a week service, passengers will be picked up and

delivered at points within the service area, described in Exhibit "B," and pickups

will he made pursuant to telephone calls received from the public for service. To

be assured of a timely scheduled service three hours advance notice for pickup

shall be required.

vn Applicant presently have available the equipment described in Exhibit

HD," attached hereto and by this reference made a part hereofand a second van

will be acquired immediately after the requested PSC authority is granted.

Application will add other units to the service after receipt of the authority and as

required to meet the public's requirements. Applicant is financially able to

acquire such units.

YIn

Applicant will have said vehicles and any other units to be acquired

covered by liability insurances in amounts of not less than those specified and

required by the Commissioner's General Order No. lOI-C.

IX

Attached hereto, marked Exhibit "E," and by this reference made a part

hereofare copies of the balance sheet ofthe applicant as ofFebruary 2,2Q07and a

pro fonna income and expense statement for the first year's operation under the

proposed authority. The pro fonna statement is submitted because applicant's

PSC service will not begin until the authority requested permitting

commencement of the service is received. However, the statement is based, in

part, upon the revenue and costs experienced in the services, which the applicant

have been conducting a through research.

X

Granting authority to perfonn the service requested by this application

will have no significant adverse effect upon the environment of the areas to be

served. On the contrary, it is believed that availability of this service will benefit

the environment and the public by a resultant reduction in the number ofprivate

vehicles required to operate over the roads and highways of the involved areas

and at the passenger loading and unloading areas of the San Jose, Oakland and

San Francisco International Airports.

XI

Public convenience and necessity require a grant of the authority

requested by the application for the following reasons:

The passenger traffic between points in San Francisco, Contra Costa, Santa Clara,

Solano, Marin, Alameda and San Mateo counties and the three Bay Area Airports

is increasing substantially as are the request for local airport transportation, and

this growth is expected to continue on the foreseeable future. Presently, annually

over 41 million passengers are passing through the San Francisco International

Airport, the fifth busiest airport in the United States, and this number is expected

to increase to over 55 million in the next ten years. The expanded utilization of

the Oakland and San Jose International Airports, percentage-wise, has exceeded

that which has been experienced at the San Francisco Airport, and this continued

growth is projected for the future. This growth has resulted in increased needs for

multi~passenger motor carrier services by the general public, due, in part, to the

massive traffic problems caused by the large volumes of private vehicles using the

streets and highways to and from the airports. Traffic congestion at these

facilities, and particularly in the loading and unloading areas, is becoming

excessive and difficult to control. These conditions, together with the increased

parking fees and the shortage of parking areas during peak travel periods have

caused large numbers of the public to seek and utilize alternative for-hire-van type

door-to-door services. Due to these problems, governmental agencies are

encouraging the public to use shuttle vans and other mUltiple capacity passenger

vehicles in an effort to reduce these highways, environmental and airport

congestion problems. A 1998 study prepared by Pacific Traffic Management

described the public's approbation of shuttle van services as "the San Francisco

Airport can rightfully boast of the highest usage ofshared-ride airport ground

services in America." Applicant's proposed service will make available a fonn of

transportation that will meet the public's needs and convenience and will assist in

reducing certain of the above~mentionedproblems. It will provide transportation

to and from all points within the requested service area, and is designed to be

more responsive to the request of the passengers originated at or destined to

residential areas, which are presently not being :fully served. An example ofthe

public's need for service to and from the airports are the 90,000 passengers

passing through the San Francisco Airport each day, of which approximately

70,000 are local and have origins of destinations within the area to be served.

Applicant will also meet the need for service that employs drivers employed, are

and will be fluent in multiple languages.

Applicant has many years ofexperience in providing transportation

services for the traveling public to and from points in the involved areas and the

airports. Anteneh G. Lakew has operated as a driver ofairport shuttles and owner

of a TCP transportation service provider company to and from the three Bay Area

airports and the proposed area to be served for over the past year. Applicant

manifestly, has the experience, knowledge, ability and means ofproviding the

transportation required by the public, and upon receipt of authority requested, will

commence the considered transportation.

XII

As justification for proposed ZORF, application state as.follows:

Section 454.2 of the Code provides that the Commission may, upon

application, establish a ZORF for any passenger stage corporation which the

Commission finds will operate in competition with substantially similar passenger

stage transportation services, or competitive transportation service from any other

transportation means, if the Commission finds that these competitive

transportation service will result in reasonable rates and changes when considered

along with the authorized zone rate freedom. Service between points in the

involved six counties and the three Bay area airports is extremely competitive,

and this condition is expected to markedly increase in the future with respect to

both service and rates. In addition to the large number of shuttle van carries

operating to and from San Francisco, Oakland and San Jose International

Airports, competing passenger services are provided by: taxicabs, limousines,

private automobiles, automobile rental agencies, public transit, charter van and

bus services, and others.

These services have a variety and wide range of fares, which are based

upon the character of services provided by each and the level ofcharges~ which

result from the extreme competition for available patronage. Further, the

commission's records show that a large number of these passenger carriers

serving the airports have applied for and have received similar authorizations with

ZORF rates ranging from $3.00 to $25.00 above and below standard tariff

charges. Applicant must be able to compete price-wise with these other carriers

and transportation means and has rate flexibility by the ZORF, which is necessary

to provide a viable public service.

XUI

Copies ofthe application have been forwarded to the public transit

operatOrs within the territory to be served by applicant and Notices as said filing

have been mailed to governmental entities and regional transportation planning

agencies described in the Certificate of Service, attached hereto, marked Exhibit

"F," and by this reference, made a part hereof.

Pursuant to Rule 87 ofthe commission's Rules of Practice and Procedure,

applicant hereby request waiver of the requirements ofRule 21 of the

Commission's Rule ofPractice and Procedure if, and to the extent thereof, that

the Notice issued by applicant may be deficient. Applicant does not believe the

Notice given of this Application is inadequate under that Rule, but through over­

caution, seeks this waiver. Copies ofApplication were sent to the public transit

operators in the involved area and the Notice was served on the six involved

counties, three airports and twenty cities. Also, the Notice of the Application will

be published in the Commission's Daily Calendar, which is adequate notice to the

public for all passenger carrier application for a passenger stage corporation

certificate which is probably by oversight. The Notices provided are manifestly

adequate but, ifnecessary, applicant requests ofRule 21 to the extent required.

WHEREFORE, applicant prays that the Commission issues its order as

follows:

1. Granting by an expert order, a certificate of public convenience and necessity as

requested herein.

2.Grant authority to establish a ZORF to assess rates which are $10.00 above and

below the proposed fares which are $30.00 and less, and $15.00 for fares $21.00

and higher With minimum fare of$6.00 per adult passenger.

3.Grant applicant a waiver from the requirements ofRule 21 Of Commission's Rules

of Practice and Procedure to the extent necessary, if the Notice provided is

deemed in sufficient.

4.Granting the applicant such other and further relief as is just and proper.

Dated: September 12,2007

APPLICANT:

ANTENEH G. LAKEW

PARADISE VALLEY SHUTTLE

Anteneh G. Lakew

VERIFICAT~ON

The undersigned, an applicant in the ~bove-entit1ed matter, declares that

the statemepts in the foregoing document aI:f true ofhis own knowledge, except

as to matters, which are therein stated on infonnation and belief, and as to those , .!

matters, he pelieves them to be true, The U1l4rrsigned declares under penalty of

perjury that:the foregoing is true and correct,;

E~~futed on September 12, at San Frww~s~o, California.

..': ;~~b >?~t=--,J"' Anteneh G. LftK~~

ANTENEH G. LAKEW

PARADISE VALLY SHUTTLE

PROPOSED OPERATIl'fG AUTHORITY , ."

SECTION 1. SERVICE

Service as a passenger stage corporation providing on - call, door-to-door

service with in service area described in Section 2.

SECTION 2. SERVICE AREA DESCRIPTION

Includes all points within the geogr~phicallirnits of San Francisco, !I .

Alameda, Contra Costa, Santa Clara; Solano, Marin and San Mateo Counties and

the San Frarcisco, Oakland and San. Jose International Airports.

SECTION 3. ROUTE DESCRIPTION

Commencing at the San Jose, Oakland, and San Francisco International

Airports, then via the most convenient streets and highways to any point within

the service area described in Section 2.

EXHIBIT "A"

Anteneh G. Lflkew

PARADISE VALLY SHUTTLE

PROPOSED FARES

CONTRA COSTA ~OUNTY

To and/or from:

OAKLAND SFO SAN JOSE

Alamo Antioch Clayton Concord Crockett Danville Di ablo £1 Cerrito El Sobrante Hercules Lafayette Martinez· Moraga Orinda Pinole Pittsburg Pleasant Hill Rodeo Richmond San Pablo SanRamon Walnut Creek

40 45 60 55 75 75 45 65 6? 40 65 65 45 60 65 45 60 qO 45 60 q~ 25 35 60 35 45 65 40 45 65 35 45 60 50 65 65 40 45 65 35 45 65 35 45 65 45 65 65 40 45 60 40 45 65 35 45 60 35 45 60 40 55 60 35 45 60

MARIN COUNTY

To and/or from:

Sausalito Mill Valley Larkspur C~np Madera ~~ntfield

50 32 75 50 33 75 50 33 75 50 33 75 50 33 75

,~;f:;:.U~~~~teneh ~ Lakew) EXHIBIT "c"

MARIN COUNTY

OJ\KLAND SFO

Tiburon 50 35 Belvedere 55 35 Terra Linda 55 45 Ignacio 55 44 Novato 65 44

ALAMEDA COUNTY To and/or frpm:

Alameda 15 35 Albany 25 35 Berkeley 19 35 Berkeley-Hill 29 45 Castro Valley 25 35 Dublin 35 45 EI Cerrito 25 35 Emeryville 19 35 Fremont 39 55 Fremont-north 35 49 Hayward 30 35 Livermore 59 74 Oakland 18 35 Oakland-Hill 29 45 Piedmont 20 40 Richmond 35 45 San Leandro 20 35 San Lorenzo 22 37 Union City 39 49

SANTA CLARA COUNTY To and/or from:

Alviso 57 46 Campbell 69 45 Cupertino 69 55 Gilroy 89 85 Los Altos 59 49 Los Altos Hill 65 55 Los Gatos 59 55 Los Gatos Hills 65 55 Milpitas 55 57 Monte Sereno 56 55

~~'e-.dAnteneh G. Lakew)

SAN JOSE

75 75 7';> 75 89

65 65 79 85 50 50 65 65 35 39 45 69 59 64 55 65 45 65 49

21 24 23 49 23 28 24 28 23 24

EXIDBIT "c"

SANTA CLARA COUNTY

OAKLAND

Morgan Hill 79 Mountain View 64 Palo Alto 55 Palo Alto Hills 61 San Jose (Alameda Valley) 55 San Jose (alum Rock) 55 San Jose (Bernal/Cottle) 69 San Jose (San Carlos) 69 San Jose (Cambrian) 54 San Jose (Clayton) 69 San Jose (Downtown) 69 San Jose (East ridge Mall) 69 San Jose (Evergreen) 69 San Jose (foothill) 69 San Jose (Loyette Valley) 69 San Jose (McKee Rd) 69 San Jose (Mt. Han:i.ilton) 69 San Jose-North Great Mall 55 San Jose-south Bernal Rd. 69 San Jose-Villages 65 San Jose-Willow Glen 59 Saratoga Hills 79 San Martin 69 Santa Clara 59 Stanford 55 Sunnyvale 55

SAN MATEO To ~d/or from: AKLAND

Atherton 55 Belmont 39 Burlingame 39 MeruoPark 59 Menlo Park-Sharon Hts. 56 Millbrae 39 Redwood Ciry-1 01 54 Redwood City-Hills 54 Redwood City-Lakewood 54 Redwood City-Shore 54 Redwood City-Woodside Rd 69

SFO

77 46 34 41 55 55 65 50 45 45 55 55 55 61 45 45 55 49 54 61 55 65 69 49 41 40

SFO

49 35 21 3~

39 15 35 . 39 31 31 31

SAN JOSE

45 23 24 26 25 25 25 19 21 29 23 23 23 23 27 19 23 21 23 25 21 24 45 17 24 2~

SAN JOSE

31 36 39 26 29 39 26 29 39 41 31

San Bruno 39 49 15 San Mateo 45 18 39 San Mateo Hill 45 21 49 SFO 39

SOLANO COUNTY To and/or from:.

OAKLAND SFO SAN JOSE

Benicia 55 65 75 Chabot 65 75 85 Cordelia 65 65 85 Dixon 75 85 95 Fairfield 65 75 95 Rio Vista· 75 75 95 Rockville 75 75 95 Suisun City 65 75 95 Vacaville 75 75 95 Vallejo 55 65 75

Airport to Airport

SFO 39 49 OAKLAND 39 59 SAN JOSE 59 49

Rules Children's Fairs: Children under 8 yeats ofage must accompany an adult passenger

and shall ge charged one-haif(1/2) the applicable full fare. (Prices are subject to change.)

percent (90~)ofthe full fare upon request. Senior Fares: Senior Citizens (persons over 65 years of age) shall be charged ninety

Baggage f~res: Skies, golf bags, footlockers, surfboards, bicycles, boxes and cartons: $5.0pper Piece. Extra suitcases or bags (2 allowed): $4.00 per piece.

~~ (AnteI1eh /. . LBkew) =-­

EXHffiIT "C"

Rules and regulations:

1. Fares are for one-way trips and apply to pr from points named. 2. Fares to points not named which are interme4iate to named points shall be the

same as the next most distant named point from point :of origin. 3. In addition to the applicable point-to-point far~s, ':for services to an authorized

point beyond any named point shall be charg~d,$15.00in addition to the prescribed tariff fare. .: '

4. Fares shall apply to each passenger. However, a "passenger group" shall be charged one full fare and $8.00 for the second and eapp additionaJ passenger. A "passenger group" is a group that makes a single resefY~tion for transportation from a single origin to a single destination. 'j;" , .: '

5. A free standby time of 15 minutes shalllw aUOweq for ~a,FP. pickup. After that time, a charge of $7.50 for each 15 minutes or fraction t4erePf shall be assessed. Time shall commence from the agreed reservatio~ tim{pfvfp¢n the van arrives at pickup point, whichever is later. . ,. .,' " ,

6. A surcharge of$10.00 will be added to tlW f~n~~s~s~r4 for any trip starting between 11:00 P.M. and 5:00 A.M.' l"!'. ".'

~ (Antenel:f~. Lakew)

~ T

EXHIBIT "c'

ANTENEH G. L~W

PARADISE VALLEYI~~VTTLE

Vehicle List ;!

Year Make Model Passengers capacity

Vehicles identification f!

2006 Mitsubishi Endeavor 7 ;4A4MM21S76E040842

EXIllBIT '~P"

ANTENEH G. LAKEW

PARADISE VALLEY SHUTTLE I

Balance S~fet

February 12T2007

Assets Cash in bank and hand $10,000.00 Vehicles $25,000.00

Total Assets $35,000.00

Liabilities Bank Mortgage $00,000.00 Credit Cards $7,000.09.

Net Worth $28,000.00

Total Liability and Net Worth $28,000.00

EXIDBIT "E"

ANTENEH G. LAKEW

PARADISE VALLY~IfVTTLE . . I

PRO-FORMA INCOME STAT~MENT ...'

FIRST YEAR OF OPERAIfPN

INCOME I

Gross receipts: $45,000.00 Other receipts: _------"0'-"-0.:..;:.0-"-0

Total Income: $45,000.00

Expenses:

Telephone $1,100.00 Office Expenses and supplies $ 600.00 Gas and oil $5,600.00 Auto parts and supplies $1,500.00 Radios/Communication $ 800.00 Parking and tolls $ 775.00 Postage $ 100.00 Taxes and licenses $ 995.00 Maintenance- and repair $ 1,125.00

Airport Fees $ 1,450.00 :PUC Fees $ 219.00

$ 5,250.00 ~~svr~c~ Accotintmg $ 525.00

TOTAL EXPENSES: $ 20,154.00

NET PROFIT: $ 24, 846.00

;~?a<~ (Anteneh G. Lakew)

EXHIBIT "E"

CERTIFICATE OF SERVICE

I herby certifY that I have lived in California State for many years, and my address is 1025 McKay Dr. #22~San Jose, CA 95131. On September 12,2007 I served within Application on the following named public transit operators and Notices of said filing, a copy of which is attached hereto, on all the named city and county govemmental agencies, regional planning agencies and airports by depositing same, enclosed in sealed envelopes, with postage thereon fully prepaid, in the United States mail at San Francisco, California.

I declare, under penalty of perjury, that the foregoing is true and correct. Executed at San Francisco, California, September 12,2007

Executive' ' San Francisco International Airport Metropolitan Transportation Commission P.O. Box 8097 Metro Center Sal) Francisco, CA 94128 10I_8th Street Oakland, CA 94607

AC Transit San Jose International Airport 1600 Franklin Cunningham Avenue Oakland, CA 94501 Jose, CA 95148-1001

Oeneral Manager OaIqand mtemational Airport Municipal Railway Port of Oakland City and County of San Francisco P.O. Box 2064 949 Presidio Avenue Oakland, CA 94064

San Francisco, CA 94115

Clerk of the City and Goldep. Gate TranSit District Cpunty of San Francisco 1011 Anderson Drive CitY Hall, Room 317 San Rafael, CA 94913 40q Van Ness Avenue

S~A941.02 . . ~teneh G.Lakew) :PXlIIBIT "F"

County of Santa Clara

County Clerk San Jose, CA 95113 191 No. First Street San Jose, CA 95113

City Manager City ofPalo Alto 250 Hamilton Avenue Palo Alto, CA 94301

City Clerk City of Santa Clara 1500 Warburton Avenue Santa Clara, CA 95050

City Clerk City of San Jose 801 N. First Street, room 116 San Jose, CA 95110

County of Alameda

.County Clerk _ County ofAlameda 1225 Fallon Street Oakland, CA 94612

City Clerk City of Oakland 505 lith Street,

ptyManager City of Berkeley 2120 Milvia

City I\1anager City ofPleasanton 777 B Street Hayward, CA 94541

County of Contra Costa County Clerk Contra Costa County 1020 Ward Martinyz,CA 9455

City Manager City ofWalnut Creek 1666 N. Main Street Walnut Creek, CA 94596

City Manager City ofRichmond 2600 8arrette Avenue Richmbnd, CA 94804

City manager City of Concord 1950 ~ark Side Drive

I

Concord, CA 94519

County ofMartin County Clerk County of Marine Room 609 P.O. Box E San Rafael, CA 94913

City Clerk City ofNovato

Berkeley, CA 94704 901 Shennan Avenue Novato, CA 94045

City Manager City of Alameda City Clerk 2263 Santa Clara Avenue City of Sausalito Alameda, CA 94501 420 Litho

k-! A_ ~ ._ fL _ , Sausalito, CA 94904 ~g;J~ (Anteneh G. Lakew) EXHIBIT "F" City q~rlc

r,tty qf till ~ftf~e1S,:

CItY ff n '" San R~~~l, ~A 94904

County of Solano County of San Mateo

City Clerk City ofFairfie1d County Clerk lOQO Webster-Street COWlty of San. Ma.teQ Fairfield, CA 94533 400 County Cmters

Redwood City, CA 94063 City of Vacaville 650 Merchapt Street City Clerk Vacaville, CA 95688 City ofSan Mateo

330 West 20th Avenue City Clerk San Mateo, CA 94403 City ofVallejo P. O. Box 3066 City Clerk ofBurlingame Vallejo, CA 94585 501 primroses

Burlingame, CA 94010 County Clerk COWlty of Sola.no Ciry- Q S\Ji$llD 580 Texas Street 101 Civic Centers Blvd. Fairfield, CA 94533 Suisun, CA 94585

(Anteneh G. Lakew) EXHIBIT "F"

NOTICE

Qn September 12,2007 (U1 :;tpplic(U1t ofAnt~n~h G, Lc;!,k~w PARADISE VALLEY SHUTTLE was filed with the California Public Utilities Commission, selYking a passenger stage corporation certificate to perform an on-call, door-to­door service on 24-hours per day, seven days per week basis between points in SM Fr(U1cisco, Alwn~da, Contra Cosw, SMta. Clara, SOIMO, Marin Md San Mateo Counties, on the one hand, and the San Francisco, Oakland, and San Jose International Airports, on the other hand. The service will be performed over the most convenient routes between the airports and points oforigin and destinations within th~ propos~d s~rvic~ area. Th~ initial service will be provided with two

. shuttle vans with additional vans to be added upon receipt of requested authority. The proposed fares to be assessed the public for this service is set forth in Exhibit "c" ofthe Application. A copy of the Application and related exhibits will be furnished by applicant up on receipt ofa written request for such document. Please direct the request to PARADISE VALLEY SHUTTLE, 1025 McKay Dr. #22,San Jose, CA 9513 1.

(This Notice is issued pursuant to Rule 2I(k) of the commission's rules of practice and procedure.)

(Anteneh G. Lakew) EXIllBIT "G"

From: Joanne Benjamin [mailto:Joanne.Benjamin@sccca.gov] Sent: Sunday, September 23, 2007 12:41 PM To: 'Russell Hancock'; 'Carl Guardino'; Khanh.Bui@sanjoseca.gov; Andrea M. Chelemengos; Angelita Salvador; Ann Sullivan; Cathleen Boyer; Donna Rogers; Gail T. Borkowski; Heidi Kirk

. (Heidi Kirk); Irma Torrez; Janet Tabuno; Judy Smith (Smith, Judy); Karen Jost; Kim Fettahlioglu; Kimberly Smith (Kimberly Smith); 'Lee Price'; Linda Lagergren; Lisa Lewis; Lynda Seastrom; Mary Lavelle; Patsy Garcia; Phyllis Perez; Rhonda Hadnot; Rosalinda Perez; Shawna Freels; Susan Kitchens; Tina West; 'Wanda Wong'; Yolanda Lopez; Yvette Agredano; AI Pinheiro; AI Pinheiro (Pinheiro, AI); Craig Jones; Daniel Furtado (Furtado, Daniel E.); David Baxter (David Baxter); David Casas; Greg Sellers; Jennifer Sparacino; Joe Pirzynski; Joe Pirzynski; Jose Esteves; Judy Kleinberg; Kathleen King; Kris Wang; Laura l\1acias; Otto O. Lee; Patricia M. Mahan; Pierluigi Oliverio; Ronald Packard; Sam Liccardo; Steve Tate; Yoriko Kishimoto; Barbara Spector; Dean J. Chu; Dolly Sandoval; Don Perry; Larry Klein; Peter Arellano; Tom Means; William Kennedy Cc: 'ofcarchive' Subject: Call for applications: Climate Protection Grants

Palo Alto Mayor Yoriko Kishimoto is one of the Cities Association's representatives to the Bay Area Air Quality Management District Board of Directors. As our representative, she would like our cities and partners to have the information below on a brand-new grant program from the air district. Please circulate this information to the appropriate people in each of your cities. Thank you.

Joanne Benjamin, Executive Director Santa Clara County Cities Association 505 W. Olive Avenue Suite 749, Sunnyvale, CA 94086 Telephone (408) 730-7770 Fax (408) 736-2014

Here's info on the brand-new grant program from the air district. Please take a look!

http://www.baaqmd.gov/pln/climate.protectiongrantprogram.htm

The Air District's Climate Protection Grant Program will provide grants to local governments, schools, non-profit organizations and small businesses within the Bay Area for projects designed to reduce greenhouse gas emissions.

Download grant program guidelines and application forms.

Proposals must be submitted by 5:00 pm on Friday, November 9, 2007,

The Air District contact person for the Climate Protection Grant Program is: Abby Young ayoung@baaqmd.gov (415) 749-4754

PUBLIC WORKSHOPS FOR POTENTIAL APPLICANTS:

DATE PLACE TIME Monday, October 1 San Jose City Hall 9:00 am to 11:00 am Wing Rooms 118-119-120 200 East Santa Clara St . San Jose

Wednesday. Oct. 3 MTC Auditorium 3:00 pm to 6:00 pm 101 Eighth Street Oakland

Friday, October 5 Santa Rosa City Hall 2:00 to 5:00 pm Council Chambers 100 Santa Rosa Ave Santa Rosa

Yoriko Kishimoto Mayor of Palo Alto 650-323-5590 ykishimoto@earthlink.net

From: Joanne Benjamin [mailto:Joanne.Benjamin@sccca.gov] Sent: Sunday, September 23, 20075:23 PM To: Khanh.Bui@sanjoseca.gov; Andrea M. Chelemengos; Angelita Salvador; Ann Sullivan; Cathleen Boyer; Donna Rogers; Gail T. Borkowski; Heidi Kirk (Heidi Kirk); Irma Torrez; Janet Tabuno; Judy Smith (Smith, Judy); Karen Jost; Kim Fettahlioglu; Kimberly Smith (Kimberly Smith); 'Lee Price'; Linda Lagergren; Lisa Lewis; Lynda Seastrom; Mary Lavelle; Patsy Garcia; Phyllis Perez; Rhonda Hadnot; Rosalinda Perez; Shawna Freels; Susan Kitchens; Tina West; 'Wanda Wong'; Yolanda Lopez; Yvette Agredano Cc: Lisa Rose; FredC@abag.ca.gov; 'Patricia Jones'; 'ofcarchive' Subject: City Selection Committee Thursday, Oct. 11: 3 appointments to be made at the meeting

Dear Clerks and Council Secretaries:

Please distribute to your council members and appropriate staff the (four) attached documents concerning three upcoming appointments to positions on regional level boards and commissions. The Santa Clara County Cities Association City Selection Committee will make the appointments to these positions at its October 11 meeting which will be held at 6:45 pm at the Sunnyvale City Hall.

I have attached the job descriptions for each of the appointments.

The appointments will be for the following: A) Recycling and Waste Reduction Commission (RWRC) - Member-at-Large; Term expires January 2009 B) Association of Bay Area Governments (ABAG) Executive Board - Alternate Representative; Term expires June 2008 C) Bay Conservation and Development Nomination for the South Bay

Patrick Kwok, Cupertino Vice Mayor, has resigned from the Cupertino City Council due to his appointment to the Santa Clara Valley Water District Board. Patrick has therefore also resigned from two regional boards that he was appointed to by the City Selection Committee. Patrick served as a member-at-Iarge on the RWRC. This appointment can be for any elected council member from a city not already having a representative on the commission. I have attached the current roster for you. The other position that Patrick held was the alternate representative to the ABAG Executive Board.

The ABAG Executive Board has invited the Santa Clara County Cities Association City Selection Committee to submit a nomination to

fill an ABAG representative position on the BCDC. The Cities of Mountain View, Palo Alto, San Jose, and Sunnyvale are eligible to submit

nominees for the South Bay representative position. The term begins January 1, 2008. The elected official selected will represent South Bay

municipalities on BCDC. An interview will be scheduled with the nominee prior to recommendation to the ABAG Executive Board for

appointment. The appointment will be made at the November Executive Board meeting. For your information, Vice Mayor Bob Wieckowski of

Fremont currently serves as alternate to Councilmember Dena Mossar of Palo Alto who will be leaving office at the end of the year.

Please ask any interested council members to contact me with their letter or email of intent to be appointed so that I may add their names to the Oct. 11 agenda~

Thank you, Joanne

Joanne Benjamin, Executive Director Santa Clara County Cities Association 505 W. Olive Avenue Suite 749, Sunnyvale, CA 94086 Telephone (408) 730-7770 Fax (408) 736-2014

Authority:

Meetings:

Stipend:

Term of Appointment:

Attendance:

Reporting Requirements:

For More Information:

JOB DESCRIPTION

Recycling and Solid Reduction Commission of Santa Clara County

The Recycling and Waste Reduction Commission is the principal advisory body to city councils and the Board of Supervisors on countywide solid waste planning issues and the Countywide Integrated Waste Management Plan.

4th Wednesday of every even-numbered month at 5:15 p.m.

$50 per meeting

The term of office of each commission member shall be six years and the number of terms shall be limited to two terms. North County Cities representative: One city council member from Cupertino, Los Altos or Los Altos Hills West Valley Cities representative: One city council member from Campbell, Los Gatos, Monte Sereno or Saratoga Central County Cities representative: Orie city council member from Milpitas or Santa Clara SMaRT Station Cities representative: One city council member from Mountain View, Palo Alto or Sunnyvale South County Cities representative: One city council member from Gilroy or Morgan Hill Member-at-Iarge: Two city council members to serve as members-at-Iarge. Members-at-Iarge shall be drawn from any city that does not already have a representative on the commission.

Three consecutive absences are sufficient grounds to warrant the Chairperson to request a replacement.

City Selection appointees present quarterly written reports to the Board of Directors of the Cities Association regarding relevant activities. One appointee of the Committee is also required to report to the Board of Directors of the Cities Association at least one a regularly scheduled meeting during the course of each year. Committee members will also be expected to report to the specific cities they represent.

Lisa Rose (408) 282-3166

JOB DESCRIPTION

Association of Bay Area Governments (ABAG) Executive Board

The Association of Bay Area Governments was established in 1961 and is the oldest Council of Governments in California. ABAG is the designated regional planning agency for the San Francisco Bay Area and its meinbers include all nine counties and 100 cities in the region. Representatives and alternates from member cities within each county are appointed by the county conference of mayors of member cities. In Santa Clara, the appointing body is the City Selection Committee of the Santa Clara County Cities Association.

Authority: The ABAG Executive Board implements the policies established by the General Assembly; the Board is responsible for the agency's operations and reviews and acts on recommendations from ABAG committees.

Meetings: 3rd Thursday of each month, 7:30 p.m.; Oakland Metro Center

Stipend: $100.00 per meeting; maximum of 48 meetings per year

Term of Appointment: ABAG Executive Committee members serve for

two years. Term ends June 30, 2008. The City Selection Committee appoints two Executive Board representatives and two alternate representatives.

Reporting Requirements: The City Selection appointees· present quarterly

written reports to the Board of Directors of the Cities Association regarding relevant activities. Each of the ABAG Executive Board appointees is also requested to orally report to the Board of Directors of the Cities Association at least once during the course of each year.

For more Information: Patricia Jones (510) 464-7933

JOB DESCRIPTION

San Francisco Bay Conservation and Development Commission

Authority:

Meetings:

Stipend:

Term of Appointment:

Reporting Requirements:

For more Information:

(BCDC)

The 27-member BCDC was created by the California Legislature in 1965 in response to broad public concern over the future of San Francisco Bay. The Commission, made up of appointees from several local governments and state/federal agencies, is charged with regulating and protecting the San Francisco Bay.

First and third Thursdays of each month at 1:00 p.m. Meeting locations alternate between the East Bay and San Francisco.

$100.00 per meeting.

The Santa Clara County Cities Association City Selection Committee is invited to submit a nomination to fill an ABAG representative position on the BCDC. The Cities of Mountain View, Palo Alto, San Jose, and Sunnyvale are eligible to submit nominees for the South Bay representative position. The term begins January 1, 2008. The elected official selected will represent South Bay municipalities on BCDC. An interview will be scheduled with the nominee prior to recommendation to the ABAG Executive Board for appointment. The appointment will be made at the November Executive Board meeting.

A City Selection Committee nominated Commissioner is requested to present written reports to the Board of Directors of the Cities Association regarding relevant activities of the BCDC, and to report to the Board of Directors of the Cities Association at at least one regularly scheduled meeting during the course of each year.

Patricia M. Jones Assistant Executive Director, ABAG Phone: (510) 464-7933 Email: patj@abag.ca.gov Website: www.bcdc.ca.gov

County of Santa Clara RECYCLING AND WASTE REDUCTION COMMISSION OF SANTA CLARA COUNTY Environmental Resources Agency Department of Agriculture and Resource Management Integrated Waste Management Division

1553 Berger Drive, Bldg. 1 San Jose, California 95112 (408) 282-3180 FAX (408) 282-3188 www.ReduceWaste.org

Recycling and Waste Reduction Commission of Santa Clara County

Mission

The Commission's mission is to conserve, protect and preserve the environmental resources of our community through advocacy, education and outreach programs; to reuse, reduce, recycle and intelligently dispose of waste materials; and to promote composting, pollution and waste prevention and sustainable living practices for all the people in Santa Clara County.

Commissioners for 2007

Revised 8/23/07

Commissioners Representing

Kansen Chu, City of San Jose City of San Jose

Jose Esteves, City of Milpitas Central County Cities (Milpitas, Santa Clara)

Steve Glickman, Town of Los Gatos West Valley Cities (Campbell, Los Gatos, Monte Sereno,

Saratoga)

John Howe, City of Sunnyvale, Chair SMaRT Station Cities (Mountain View, Palo Alto, Sunnyvale)

Patrick Kwok, SCVWD Santa Clara Valley Water District

Pete McHugh, County of Santa Clara County of Santa Clara

Jamie McLeod, City of Santa Clara, Vice-Chair Member-at-Large (All Jurisdictions)

Dolly Sandoval, City of Cupertino North County Cities (Cupertino, Los Altos, Los Altos Hills)

Roland Velasco, City of Gilroy South County Cities (Gilroy, Morgan Hill)

Vacant Member-!lt-Large (All Jurisdictions)

Commissioners: John Howe, Chair; Kansen Chu, Jose Esteves, Steve Glickman, Patrick Kwok, Pete McHugh, Jamie McLeod, Dolly Sandoval, Roland Velasco