Loading...
HomeMy WebLinkAboutAgenda Report - March 7, 2012 C-10AGENDA ITEM Cow It) ��'• CITY OF LODI COUNCIL COMMUNICATION Im AGENDA TITLE: Adopt Resolution Authorizing Participation with the Delta Coalition in the Joint Hiring of Sacramento Advocates, Inc., of Sacramento ($8,000) MEETING DATE: March 7, 2012 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt resolution authorizing participation with the Delta Coalition in the joint hiring of Sacramento Advocates, Inc., cf Sacramento, in the amount of $8,000. BACKGROUND INFORMATION: The San Joaquin County Delta Coalition (Coalition), headed by the City of Stockton and chaired by MayorAnn Johnston, comprises all cities in San Joaquin County, the Board of Supervisors, county water suppliers, local Chambers of Commerce, members of the development community and leaders in the business sector. The Coalition's objective is to present unified responses to provisions drafted by the Delta Stewardship Council as contained in the Bay Delta Conservation Plan (BDCP) and the Delta Plan. As proposed, the BDCP and the Delta Plan may adversely affect economic development and sustainability, local governance, water supplies, flood control, agricultural production and habitat managementthroughout San Joaquin County and the Delta region. Chi December21, 2011, City Council adopted Resolution No. 2011-201 supporting the joint resolution cf cities, County and other San Joaquin County stakeholders regarding land use, water and other Delta -related issues. The purpose cf the joint resolution was to facilitate a coordinated and collaborative response regarding the adoption and implementation of the BDCP, the Delta Plan and the Draft Program Environmental Impact Report. In the attached letter dated February 1, 2012, the Coalition requests the City, along with the other members of the Coalition, to participate in the joint hiring of the lobbying firm Sacramento Advocates, Inc., that will advocate for the Coalition on specific provisions in the BDCP and the Delta Plan. The City's share of the $233,000 lobbying agreement is $8,000 as presented in the attached cost-sharing plan. FISCAL IMPACT: White Slough Wastewater Treatment Plant operations could be impacted by implementation of the BDCP and Delta Plan provisions. FUNDING AVAILABLE: Wastewater O erating Fund (170401). fir- �1.v✓� Jordan Ayers Deputy City Manager/Internal Services Director la�6j F. Wall andelin Public Works Director Prepared by Charles E. Swimley, Jr., Deputy Public Works Director— Utilities FWS/CES/pmf Attachment cc, Charles E. Swimley, Jr., Deputy Public Works Director- Utilities Gary Wiman, Construction Manager APPROVED: ==:O- Konradt Bartlam, City Manager K\WP\COUNCIL\2012\Delta plan—lobby fee doc 2/27/2012 ANN JOHNSTON Mayor KATHERINEM. MILLER Vice Mayor District2 Stockton 2004 1999 2012MAC M5 CITY OF STOCK February 1, 2012 RECEIVED -� AI�9: 43 vc -r.A OFFICE OF THE CITY COUNCIL C I T Y O F L OD I CITY HALL • 425 N. El Dorado Street • Stockton, CA 95202-1997 209 / 937-8244 • Fax 209 / 937-8568 www.stocktongov.com Joanne Mounce, Mayor City of Lodi P. O. Box 3006 Lodi, CA 95241-1910 ELBERTH. HOLMAN, JR. District I PAUL CANEPA District 3 DIANA LOWERY District 4 SUSANTALAMANTES EGGMAN District 5 DALE FRITCHEN District 6 Thank you for supporting the Delta Coalition and approving the Resolution on Land Use, Water, and Other Delta Related Issues during this past month. Your action demonstrates your understanding of the current and ongoing threats to our Delta agricultural economy, our water supply and water quality, and our local land use authority. The Delta Coalition, comprised of all the cities in San Joaquin County, the Board of Supervisors, county water suppliers, our local chambers of commerce, and leaders of our business sector, have agreed to hire a Sacramento lobbying firm to advocate specifically on the three major areas threatened by the Bay Delta Conservation Plan (BDCP) and the Delta Plan as drafted by the Delta Stewardship Council (DSC). Those three areas involve the Delta Plan's "covered actions", the BDCP "conveyance" system, and the costs of that conveyance system. The lobbying firm approved by the Delta Coalition is Sacramento Advocates, Inc. They have the experience and resources to effectively present our mutual concerns to the Governor's office as well as the Legislature. I've attached their contract proposal with the agreed upon scope of services for your information, The City of Stockton will act as the lead agency in hiring Sacramento Advocates, Inc. with the understanding that their cost will be shared by Delta Coalition members. Attached you will find a proposed cost sharing plan that we hope your Council will consider as soon as possible. We appreciate the City of Lodi's partnership in this very critical initiative and hope that the strength we demonstrate can be used effectively to alter the course of the BDCP and the Delta Plan. Thank you for your prompt attention to this matter. My colleagues and I will be happy to attend the meeting when you consider this request and offer additional information or clarification. nn �J�ston/?/ Chair, DeltaAp6lition Mayor, City bT Stoddon AJ:jml Enclosures: Sacramento Advocates, Inc. contract proposal Delta Coalition proposed cost sharing plan ::ODMA\GRPWISE\COS.CM.CM_Library:90313.1 tsarry a. tsroxaw Donne Brownsey Sacramento Advocates Inc. Strategic Partner: A California based Public Affairs and Governmental [elation Firm Cassie Gilson, Gilson Government Strategies 1215 K Street, Suite 2030 ❑ Sacramento, CA 95814 Phone (916) 448-1222 D Fax (916) 448-1131 Template forAueement What follows, as you requested, is a proposal for lobbying services to be provided by Sacramento Advocates, Inc. on behalf of the Delta Coalition for lobbying services for commencing with the effective date of this agreement and concluding September30,2022. Proposal for Services Sacramento Advocates, Inc. will assist The Delta Coalition in the development and execution of a public policy strategy before the California Legislature, the Governor's Office, all appropriate Executive Branch Agencies and Departments,boards and commissions and other state Constitutional Officers as necessary or beneficial. Scope of Work BDCP Engage the Brown Administration, including but not Limited to, the Governor's executive secretary Nancy McFadden, his Legislative Secretary Gareth Elliot, and Secretary of Resources John Laird to press the case for wresting the BDCP out o fprivate hands, and making it a truly inclusive process, grounded on science and equally focused on restoration and water reliability. (Non -diversion alternatives have to be included as part of the EIFUEIS of the BDCP; a cost benefit analysis should be taken forall diversion and non -diversion alternatives; an independent review of the science must be done in coordination with the Delta counties; and of course, the BDCP governance rote has to include a role for decision -makers in the Delta counties). • Reach out to the water retailer community, the critics of WIWD and the other exporters, to broaden the discrediting ofthe BDCP. This has W be made bigger thanjust the Delta. O Engage statewide taxpayer organizations to launch broadsides over the costs to ratepayers of a conveyance facility vs. upgrading and repairing Delta levees to better satisfy the twin goals, Concurrently, introduce legislation in February 2012 to require the proposed changes to the BCDP. • Strategize and propose new conditions on current water importers as part of any Delta Stewardship Council/Delta Plan Coordinate activities with the Delta area and environmental communityopponents to the Delta Protection Act; Seek insertion into the Delta Plan a protection of local government sovereignty (local governments to identify areas of conflict with the Delta Plan in order to seek specific changes in the Delta Plan). Seek legislation to require the Plan to acknowledge and avoid conflicts with existing requirements placed upon local governments because of covered action. • Engage with the Administration and the Executive Agencies in the discussions as they develop a revised water bond act for 2012. Specifics of Contract This proposal shall serve as a contract between the Delta Coalition (hereinafter, CLIENT) and Sacramento Advocates, Inc. (hereinafter ADVOCATE), whereby ADVOCATE agrees to represent CLIENT'S interests before the California Legislature, the Office of the Governor, State Constitutional Officers, and any and all agencies of the. State of California as needed, as an advocate for CLIENT'S positions on state policy and legislative matters as directed by CLIENT. For said services, CLIENT shall pay ADVOCATE a fee of $10,000 for the remainder of the month of January, 2012. The monthly fee shall be $25,000 per month effective February 1,2 012 and shall continue at that rate through September 30,2012. Fees shall be considered due andpayable on the first of each month, commencing with the effective date of this agreement, with the last payment under the terms of this agreement due on September 1, 2012. Additionally, ADVOCATE may bill ctient for normal and customary business expenses (including, but not limited to, authorized travel and accommodations) incurred while transacting business as defined herein on behalf of CLIENT. Such expenses must be approved in advance by CLIENT and shall be due upon receipt. It is the intention of the parties to this agreement that the services rendered hereunder and the Payments made therefore are not in any way contingent upon the enactment or defeat of any legislative or administrative proposal. The parties hereto agree that such sums as are paid pursuant to this agreement shalt be deemed to be the reasonable value of services rendered hereunder. In the event that any agency or court determines that such payments were otherwise contingent, this agreement shalt be deemed rescinded. It is the intention of the parties to this agreement that ADVOCATE is an independent contractor and not an employee, agent, joint venturer or partner of CLIENT. Nothing in this agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CLIENT and ADVOCATE. Both parties acknowledge that ADVOCATE is nor an employee for state or federal tax purposes. ADVOCATE shall retain the right to perform such services for others during the term of this agreement. 2 ADVOCATE is responsible for complying with the reportingrequirements of a"lobbyist" pursuant to the California Political Reform Act CLIENT is responsible for complying with the reporting requirements of a "lobbyist employer" pursuant to the California Political Reform Act. Either party may terminate the agreement, tvith or without cause, on sixty (60) days advance written notice to the non -terminating party. bio payment obIigations shall exist aftertheeffectivedare of the notice of termination, except for chargeable expenses incurred prior to that date. If the above meets with your approval, please sign where indicated below and return one original with the first payment. Sincerely, BARRY S. BROKAW for SACRAMENTO ADVOCATES 3 Delta Coalition Monthly 8 Months GOVERNMENT.AGENCIES San Joaquin County $2,000 $16,000, City of Escalon $500 $4,000 City of Lathrop $1,000 $8,000 City of Lodi $1,000 $8,000 City of Manteca $1,00o $8,00( City of Ripon 500 $4,000 City of Stockton $2,000 $16,00 City of Tracy $1,0068 00 PUBLIC,AGENCIES Business Council of San Joaquin County $2,000 $16,000 Central and South Delta Water Agencies $3,000 $24,00 Delta Chamber of Commerce $50 Port of Stockton $3,000 $24,000 San Joaquin Area Flood Control Agency $1,000 $8,000 San Joaquin Council of Governments $500 $4,000 San Joaquin Farm Bureau $1,000 $8,000 San Joaquin Partnership $3,000 $24,000 GreaterStockton Chamberof Commerce $500 $4,000 SJC Hispanic Chamber of Commerce $500 Stockton East Water Dist. $3,000 $24,000 outh San Joaquin irrigation District $3,000 $24,000 RESOLUTION NO. 2012-17 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING PARTICIPATION WITH THE DELTA COALITION IN THE JOINT HIRING OF A LOBBYING FIRM WHEREAS, the San Joaquin County Delta Initiative Coalition was formed to present unified responses to provisions drafted by the Delta Stewardship Council as contained in the Bay Delta Conservation Plan and the Delta Plan and consists of all cities in San Joaquin County, the Board of Supervisors, county water suppliers, local Chambers of Commerce, members of the development community, and leaders in the business sector; and WHEREAS, on December 21, 2011, City Council adopted Resolution No. 2011-201 supporting the joint resolution of cities, County, and other San Joaquin County stakeholders regarding land use, water, and other Delta -related issues; and WHEREAS, the Coalition has requested the City, along with the other members of the Coalition, participate in the joint hiring of Sacramento Advocates, Inc., to advocate on specific provisions in the Bay Delta Conservation Plan and the Delta Plan; and WHEREAS, the City of Lodi's share of the $233,000 lobbying agreement is $8,000. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize participation with the San Joaquin County Delta Initiative Coalition in the joint hiring of the lobbying firm Sacramento Advocates, Inc., of Sacramento, California; and BE IT FURTHER RESOLVEDthat the City Council hereby authorizes payment of the City's share of the lobbying agreement in the amount of $8,000. Dated: March 7, 2012 hereby certify that Resolution No. 2012-17 was passed and adopted by the City Council of the City of Lodi in a regular meeting held March 7, 2012, by the following vote: AYES: COUNCIL MEMBERS— Hansen, Johnson, Katzakian, Nakanishi, and Mayor Mounce NOES: COUNCIL MEMBERS—None ABSENT: COUNCIL MEMBERS—None ABSTAIN: COUNCIL MEMBERS— None HL City Clerk 2012-17