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HomeMy WebLinkAbout22 - Legislative Advocacy Ad Hoc CommitteeCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 22 May 23, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, Assistant City Manager 9491644 -3002 or dkiff @city.newport- beach.ca.us SUBJECT: Resolution 2006 - Relating to the Formation of a City Council Ad Hoc Committee on Legislative Advocacy ISSUE: What are the City's legislative advocacy needs in the near future? RECOMMENDATION: 1. Adopt Resolution 2006- forming the City Council Ad Hoc Committee on Legislative Advocacy. 2. Confirm the Mayor's appointments of and to the Committee. DISCUSSION: The City routinely uses legislative advocacy services in Sacramento, Washington, and sometimes Santa Ana. Our work with legislative advocates was instrumental in passing two major bills in 2001: • Senate Bill 124 (Johnson, 2001) which developed a mechanism to acquire Sunset Ridge Park; • Senate Bill 516 (Johnson, 2001) which accommodated the City's annexation of the Newport Coast, including transferring the Newport Coast Local Coastal Program without impacting entitlement or open space protections. This bill also required the City to get its own LCP. Since 2001, the City's use of legislative advocates has been more sporadic. Legislative advocacy efforts included: Resolution Relating to Ad Hoc Committee on legislative Advocacy May 23, 2006 Page 2 • Attempting to amend Congressional appropriations acts for the Upper Newport Bay Ecosystem Restoration Project (UNBERP) using Eve O'Toole of MARC Associates in Washington DC; • Working with various State agencies to accomplish a Ground Lease or direct sale between State Parks, Caltrans, and the City regarding Sunset Ridge Park (Chris Kahn of Sloat Higgins Jensen & Associates has worked on this for us); and • Working with other cities via the League of California Cities on taxation and state -local fiscal issues. We have used Ken Emanuels and David Jones of Emanuels Jones & Associates on an ongoing, monthly basis for these issues. Ken has now retired, and David Jones is our contact with the firm. The City's contract with Emanuels Jones & Associates ($3,605 per month) - entered into in March of 2003 - has expired. In the past, the City has not chosen to prepare a Request for Proposals (RFP) for Legislative Advocacy services, but such an action may be warranted at this time. As the staff member responsible for our legislative advocacy efforts, I have appreciated the work of both Dave Jones and Chris Kahn - again, both of different firms - but it seems time to go with one single firm to both save costs and to have a more coherent legislative plan (if we choose to hire an advocate at all). The City also has had a Legislative Platform in the past, but it has not been updated since 2003 (see attached). Council may wish to review the Platform via this Committee to determine how it should be changed to reflect current issues. Staff seeks Council's guidance on these issues relating to legislation. We suggest forming a short-term ad hoc committee on legislative advocacy to help us settle on a longer -term legislative strategy, both at the Platform level and as it results to legislative advocacy. Environmental Review: The City Council's approval of this Agenda Item does not require environmental review. Public Notice: This agenda item may be noticed according to the Brown Act (72 hours in advance of the public meeting at which the City Council considers the item). Submitted by: I�U� �V) - Dave I i Assistant City Manager Attachments: Resolution 2006 - Purpose and Role of the Ad Hoc Committee on Legislative Advocacy 2003 -04 Legislative Platform 19 Resolution Relating to Ad Hoc Committee on Legislative Advocacy May 23, 2006 Page 3 RESOLUTION 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH FORMING THE CITY COUNCIL AD HOC COMMITTEE ON LEGISLATIVE ADVOCACY WHEREAS, the City of Newport Beach has various needs relating to protecting its interests or advocating for a particular cause before the State Legislature in Sacramento and the US Congress in Washington DC; and WHEREAS, the City has, in the past, used the services of governmental advocates in both Sacramento and Washington DC; and WHEREAS, a current contract with one advocacy firm, Emanuels Jones & Associates, has expired; and WHEREAS, the City Council seeks to analyze the future need and role of legislative advocacy in the future; and WHEREAS, the City also has a Legislative Platform, which was last updated in May 2003, now, therefore be it RESOLVED by the City Council of the City of Newport Beach that it hereby creates the Ad Hoc Committee on Legislative Advocacy with the following duties and requirements: 1. To analyze the current and future needs of the City relating to legislative advocacy in both Sacramento and Washington; and 2. If those needs include the services of a governmental advocate, to determine if the advocate's services should be sought via a new Request for Proposals or some other means; and 3. If an RFP process is selected, the Committee shall oversee the issuance of the RFP, conduct proposer interviews, and shall make a recommendation to the Council as to a firm's selection: and 4. To review the last- adopted Legislative Platform and recommend changes to the Platform to be considered by the City Council; and 5. The Committee shall consist of three members of the Newport Beach City Council; and 6 Resolution Relating to Ad Hoc Committee on Legislative Advocacy May 23, 2006 Page 4 6. The Committee shall be staffed by the City Manager's Office and the City Attorney or her designee; 7. The Committee's term shall expire December 31, 2006. ADOPTED this th Day of May, 2006. SIGNED: Don Webb, Mayor of Newport Beach ATTEST: LaVonne Harkless, City Clerk y Resolution Relating to Ad Hoc Committee on Legislative Advocacy May 23, 2006 Page 5 AD HOC COMMITTEE ON LEGISLATIVE ADVOCACY AUTHORIZATION: Established by Resolution No. 2006 -_ adopted on May 23, 2006. MEMBERSHIP: Three members of the City Council, appointed by the Mayor as confirmed by the Council. City staff support shall come from the City Manager's Office and the City Attorney's Office TERM: December 31, 2006, unless otherwise extended by the City Council. PURPOSE & RESPONSIBILITIES: A. To analyze the current and future needs of the City relating to legislative advocacy in both Sacramento and Washington. B. If desired, to develop and implement a Request for Proposals process to seek proposals from firms with specialties in legislative advocacy, either in Sacramento or Washington DC; C. To make recommendations to the full City Council regarding firms qualified to serve as the City's legislative advocate(s); D. To review the City's Legislative Platform and to make recommendations to the City Council as to changes to the Platform and final adoption of the Platform; 5 City of Newport Beach 2003 -04 Legislative Platform I — FISCAL STABILITY. The City's objective is to protect existing city revenue sources and to limit the cost of government upon the taxpayers of Newport Beach. The City also seeks to protect Newport Beach residents and businesses from onerous fiscal actions by other levels of government which may impair our ability to protect our quality of life. Therefore, the City shall: (a) Advocate for a stable, safe, and economical supply of electricity and natural gas provided by either investor -owned utilities or public- sector providers. (b) Support legislation leading to greater financial independence from State government and which would result in greater predictability in local government budgeting. (c) Oppose legislation that would impose state and federal mandated costs for which there is no local reimbursement or offsetting benefits. (d) In the absence of statewide fiscal reform, the City shall oppose legislation that reduces or eliminates existing local revenue sources, including the city or redevelopment agency share of property tax, sales and use tax, local governments' share of vehicle license fees, transient occupancy taxes, business license taxes, and State subventions to local governments. (e) As a part of a comprehensive reform package, the City will support changes in the State -Local fiscal relationship if the changes maintain or improve revenues to local governments, promote local discretion on land use decisions, and result in the long -term stability of local government revenue sources. (f) Support legislation that reforms California's tort system to curtail unreasonable liability exposure for public agencies and restore the ability of public agencies to obtain affordable insurance. (g) Oppose any changes in State law that would limit the ability of charter cities to preserve the local revenue base. (h) Oppose legislation that applies or extends prevailing wage requirements to projects that create or renovate affordable housing. II REGIONAL COORDINATION. The City supports regional cooperation that does not infringe on local areas of authority without offsetting financial benefit. Therefore, the City shall: (a) Support reform of existing state, regional, and local planning processes only if directly linked to reforms in the current revenue and tax structure of state and local governments. (b) Oppose legislation that creates or grants powers to sub - regional or regional bodies that would infringe on local concerns. L III — LABOR RELATIONS. The City respects the working conditions, benefits, and rights of Newport Beach employees and the conservative fiscal management principles of the community. Therefore, the City shall: (a) Oppose legislation that would impose compulsory and binding arbitration with respect to public employees; with the State's passage of binding arbitration for fire and police wages, the City shall advocate for full reimbursement from the State Mandates Claims Fund for any arbitration awards resulting from SB 402 (Burton, 2000). (b) Oppose legislation that imposes mandated employee benefits that are more properly decided at the local bargaining table. (c) Oppose efforts that reduce local control over public employee disputes. (d) Oppose legislation that would grant public employees the right to strike. (e) Support legislation to reform worker's compensation formulas to rely on higher thresholds for compensability or a proportionate exposure formula. (f) Support workers compensation reform which curtails stress claims by stipulating that benefits can only be paid when it can be shown that a sudden and extraordinary job event was the predominant cause of the stress injury and would repeal the minimum rate law. (g) Oppose workers compensation reform that would exclude police officers, firefighters, and others with life- threatening jobs from the increased proof stress threshold. IV — SURFACE TRANSPORTATION. The City supports expanded transportation systems, programs and services. Therefore, the City shall: (a) Support legislation that helps local agencies finance local transportation facilities. (b) Oppose legislation that requires additional State and Federal review of projects that are predominantly of regional or local significance. (c) Support legislation that gives local agencies greater access to and discretion over transportation funds. V — PLANNING, ZONING, and LAFCO LAW. The City seeks to protect and strengthen the City's land use authority, including zoning, incorporation, annexation, and community development. Therefore, the City shall: (a) Support efforts to strengthen the legal and fiscal capability of the City to prepare, adopt and implement plans for orderly growth, development, beautification and conservation of local planning areas, including but not limited to, regulatory authority over zoning, subdivisions, and annexations. (b) Support efforts that are consistent with the doctrine of "home rule" and the local exercise of police powers over local land use, including expanding cities' ability to regulate the placement of neighborhood -based residential treatment centers and group homes. 7 (c) Oppose development agreements in cities' spheres of influence in undeveloped areas that do not conform to city standards. (d) Support the existing right of the City of Newport Beach to annex areas within its Sphere of Influence. (e) Oppose efforts to change the Cortese -Knox Act (LAFCO Law) in any manner that would adversely impact the ability of recognized regional entities to plan for regional facilities, including aviation facilities. VI — WATER QUALITY AND ENVIRONMENTAL QUALITY. The City supports effective measures to improve the environment, including water quality, solid waste, hazardous materials clean -up, and ocean, beaches and bay protection. Therefore, the City shall: (a) Support legislation and funding measures that would increase water supply and improve water quality in this region. (b) Support measures that permit the sale, lease, exchange or transfer of surplus water within the State. (c) Support measures that maintain and enhance local authority and flexibility to regulate solid waste and recyclable materials. (d) Support legislation that limits local government liability as a third party in Superfund cleanup litigation. (e) Support measures providing funds or other capabilities to maintain and protect the ocean, beaches, harbor and bay. (f) Pursue legislative and executive action that provides long -term sources of funds and /or services to enhance and protect Newport Bay. (g) Pursue legislative and executive action to continue the annual Outer Continental Shelf (OCS) offshore petroleum drilling moratorium and pursue the establishment of a permanent wildlife preserve off the Orange County Coast. (h) Support measures that improve funding resources and the science associated with water quality testing and beach closure standards. (i) Advocate for Regional Board control over fines and fees collected from water quality violations so that such fines and fees remain in the region to be used directly for water quality improvements. VII—AVIATION. Asa neighbor to John Wayne Airport, the City is an active participant in the planning and operation of commercial airports in Orange County. The City shall advocate for legislative and executive actions that: (a) Promote the ability of local airport operators to impose aircraft noise controls. (b) Actions that preserve, extend, or recreate the John Wayne Airport (JWA) 1985 Settlement Agreement and the 2002 Agreement Extension. z