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
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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
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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
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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;
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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.
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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.
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(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.
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