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HomeMy WebLinkAboutItem 4.09 Federal Legislative SvcsG~~~ OF DU~lr~ /// ~. 1~~~'`~' jz ~ ~ /l ~~LIFOR~~` STAFF.REPORT CITY CLERK DUBLIN CITY COUNCIL File # ^~~D^-3^~ DATE: August 16, 2011 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJECT: Agreement with Jordan & Associ tes for Federal Legislative Services Prepared By: Amy Cunningham~udget Manager/Assistant to the City Manager EXECUTIVE SUMMARY: The City Council will consider engaging Jordan & Associates to provide Federal Legislative Services for Fiscal Year 2011-2012. Jordan & Associates would continue to represent the Tri- Valley cities (Danville, Dublin, Livermore, Pleasanton, and San Ramon), related to interests of regional concern. FINANCIAL IMPACT: Adequate funding is available in the Fiscal Year 2011-2012 Operating Budget for these services. Dublin's share of the cost is estimated to be $19,400 ($19,200 for services plus $200 for miscellaneous expenses). RECOMMENDATION: Staff recommends that the City Council authorize the City Manager to engage Jordan & Associates to provide Federal Legislative Services for Fiscal Year 2011-2012. . ~~ Submitt By Budget Manager / Assistant to the City Manager Assistant City d By Page 1 of 3 ~TEfVI NO. 1•~ DESCRIPTION: Beginning in Fiscal Year 2009-2010, the Tri-Valley cities (Danville, Dublin, Livermore, Pleasanton and San Ramon) secured joint federal legislative services through Jordan & Associates. This joint service arrangement has been beneficial to the cities, particularly related~. to work of regional significance. Jordan & Associates (Patricia Jordan, ` President) has represented Tri-Valley cities for the past 16 years including informally representing the Tri- Valley cities for three years through a contract with the City of Livermore. _ The cities have received a new proposal from Jordan & Associates to provide federal legislative services for a third consecutive year (Attachment 1). Jordan & Associates would continue ,to represent fhe Tri-Valley cities before Federal legislators, departments and agencies. They would also continue to work with the Tri-Valley cities to develop policy initiatives and funding proposals that are of importance to the region. Federal Fiscal Year 2012 brought significant changes to the appropriations process, including a new moratorium on congressionally designated spending. The appropriations requests submitted to congressional leaders by the Tri-Valley cities for ~the four priority projects listed below were ultimately stalled due to the moratorium: 1. East Bay Regional Communications System (EBRCS); 2. Interstate 580 Corridor Improvements; 3. Interstate 680 Auxiliary Lane Improvement Project - Segment 2; and 4. State Route 84 Widening from Pigeon Pass. In response to the moratorium, Jordan & Associates has increased efforts to identify alternate funding opportunities at the federal level. The pursuit of federal discretionary grants will be important to the ultimate success in securing funding for the priorities identified above. To assist the Tri-Valley cities in this new effort, Jordan & Associates has partnered with a local grant writer with extensive expertise in preparing federal grant applications. The service is available to provide support in this complex and competitive area. Jordan & Associates has also provided significant assistance and support for two other important activities that have evolved over the past several months: i-GATE NEST and the Community Access Preservation Act (CAP Act). Jordan & Associates has provided con'siderable assistance in securing meetings with key federal officials to discuss i-GATE, assisted in the identification of potential funding opportunities, and assisted in obtaining letters of support from elected officials for the funding application. Jordan & Associates has also been working closely with stakeholders to gain support for the CAP Act, passage of this legislation would protect existing funding for local cable channels. Jordan & Associates continued work on these activities will strengthen the Tri-Valley cities continued success in these efforts. For the second consecutive year, Jordan & Associates is proposing no cost increase for services. The total cost to represent the five cities for the year is $96,000 for Fiscal Year 2011- 2012. This cost is shared equally between the cities, with Dublin's share being $19,200 (or $1,600 per month) plus miscellaneous expenses. Jordan & Associates proposes to cap miscellaneous expenses at $1,000 (up to $200 annually per City). Therefore, Dublin's total anticipated cost for Fiscal Year 2011-2012 is approximately $19,400. Page 2 of 3 NOTICING REQUIREMENTS/PUBLIC OUTREACH: A copy of this staff report has been sent to Jordan & Associates. ATTACHMENTS: 1. Proposal from Jordan & Associates for FY 2011-2012 Federal Legislative Services Page3of3 l ~~ Overview of 2010 - 2011 Jordan & Associates worked on four projects selected by the Tri-Valley Cities for the Fiscal Year (FY) 2011 federal appropriations process: 1. East Bay Regional Communications System (EBRCS); 2. I-580 Corridor/State Route 84 Triangle Corridor Improvements; 3. I-680 Auxiliary Lane Improvements, 4. Tri-Valley Housing Opportunity Center. The EBRCS project received an appropriation of $ 950,000 in the FY 2011 House Justice ~ Appropriations bill and $1,000,000 in the Senate Justice Appropriations Bill; however, all congressionally-designated projects were eliminated from the final FY 2011 Continuing Appropriations bill. As a result, the funding for EBRCS was dropped from the final appropriations bill. The I-580 Corridor/State Route 84 Triangle Corridor Improvements Project was submitted by Representative Garamendi (who only submitted I-580) at a level of $10 million; Representative McNerney at a level of $1 million; Senatar Boxer at a level of $1.5 million and Senator Feinstein at a level of $5 million; however, funding was not included in either the House ar Senate FY 2011 Transportation Appropriations Bill for this project. The I-680 Auxiliary Lane Improvements Projects was requested by Representative McNerney at a level of $1 million, but was not included in the House Transportation Appropriations Bill. The Tri-Valley Housing Opportunity Center was requested by Representative McNerney at a level of $1 million but was not included in the FY 2011 Housing and Urban Development (HUD) Appropriations bill. Senatar Boxer had asked the Tri-Valley Mayors during their meeting whether they could use the $11 million Alameda County received in January 2010 through HUD's Neighborhood Stabilization Program. Given the extensive federal formula funding through the Neighborhood Stabilization Program nationwide, the congressional delegation did not believe that there was a need.to fund the Housing Opportunity Center through the appropriations process. ~~ - - ~,q g-l~ -li EiTTACHMENT 1 ~~ Scope of Work for FY 2011-2012 ApproAriations The Tri-Valley Cities initially requested funding for four projects in the FY 2012 appropriations cycle: ~ . 1. East Bay Regional Communications System (EBRCS); 2. Interstate 580 Corridor Improvements; 3. Interstate 680 Auxiliary Lane Improvement Project - Segment 2 4. State Route 84 Widening from Pigeon Pass. Jardan & Associates prepared and submitted appropriations requests for these projects to Representative Garamendi's office befare the January 21, 2011 deadline. Jordan & Associates then prepared the Tri-Valley Cities appropriations requests to submit to Senator Boxer's office; however, the Senator cancelled the call for projects due to uncertainty over congressionally- designated spending for the FY 2012 appropriations measures. Jordan & Associates stayed in close contact with the congressional delegation to determine whether there would be an opportunity for submitting requests for congressionally-directed spending within the FY 2012 appropriations legislation. As a result of the moratorium on congressionally designated spending in the House, as well as the lack of support from key Democratic senators, the Senate Democratic Leadership decided to farego so-called earmarks in FY 2012. Congress passed the FY 2011 budget in April 2011, which provided significant discretionary funding to the federal agencies, due to the lack of congressionally designated spending in the FY 2011 appropriations bills. As a result of this new direction in securing funding, Jordan & Associates has recommended to the Tri-Valley Cities to pursue funding for their priorities through federal FY 20ll discretionary grants. Adapting to this different approach will require expertise with federal grant writing. Jordan & Associates has partnered with Rosy Ehlert, located in the Bay Area, who has extensive background in preparing federal grants, and is deeply familiar with the Tri-Valley Cities. Ms. Ehlert has the capability to write federal grant applications for the Tri-Valley Cities. The Cities can contract directly with Ms. Ehlert for this grants work. . The following provides a summary to date of the status of each project: 1. East Bav Re~ional Communications Svstem (EBRCS) -$3 million The Tri-Valley Cities requested $3 million in FY 2012 for the EBRCS project, which is managed by the East Bay Regional Communications Authority (EBRCSA). The EBRCSA is an independent governmental agency representing 36 member agencies including both . Alameda and Contra Costa counties, 29 cities, four special districts, and the University of California, to build a system that will provide the highest leyel of interoperability. The requested funds would be used in the development of three additional sites for the EBRCS. These tliree sites will be a critical link between Alameda and Contra Costa counties. The ~~ ~ funding being requested will help the EBRCSA members build and operate a state-of-the-art P25-compliant communications system far the public agencies within the two counties. The FY 2011 budget passed by Congress in April elimiriated the COPS Technology Program, due to House Republican opposition to the program. This had been the primary account to fund the EBRCS through appropriations. Since the program was eliminated, however, there is no funding within the Justice Department for which the Tri-Valley Cities can apply. EBRCS will continue to receive Urban Area Security Initiative (UASI) formula funds through the Department of Homeland Security (DHS). EBRCS is also eligible for federal funding through the DHS Emergency Grants Program; however, since EBRCS already receives FY 2011 UASI funds, the emergency managers in the Bay Area will receive the DY 2011 Emergency Grants funds. Legislation in the Senate, S. 911, the Public Safety Spectrum and Wireless Innovation Act, would build a nationwide communications network for first responders. The bill was approved by the Senate Commerce Committee on June 8 by a vote of 21-4. The costs to build the public safety network would be offset by the proceeds of incentive auctions, which is projected to raise $12 billion nationwide for network deployment. S. 911 is expected to have Senate floor time in September. Commerce Committee Chairman Rockefeller has a goal of the bill becoming law by September 1 l, 2011, ten years after the 911 terrorist attacks. There is no action yet in the House. - The Tri-Valley Cities recently sent a letter to Senator Boxer expressing support for the Public Safety Spectrum and Wireless Innovation Act, but also voiced concern over a provision that would compromise state and local zoning authority on the siting of cell towers. Apparently, Senate Commerce Committee Ranking Member Kay Bailey Hutchison wanted the provision in the bill, and it is not expected to be removed. Regardless of this provision, the overall bill is the best hope this year for funding the EBRCS. 2. Interstate 580 Corridor Improvements -$20 million The Tri-Valley Cities requested funds to implement several congestion mitigation-related elements, which include the conversion of the existing eastbound HOV lane and the planned westbound HOV lane to express (HOT) lanes, interchange improvements and right of way acquisition, auxiliary lanes, corridar-wide ramp metering and preservation for future transit corridors. These proposed changes will collectively reduce congestion, improve safety in the corridor, improve the environment and promote economic growth. The transportation authorization bill has not yet been introduced in either the House or the Senate; however, both House Transportation Committee Chairman John Mica and Senate Environment and Public Works Committee Chairman Barbara Boxer have publicly stated that there will be no individual member projects in the bill. As a result, the Tri-Valley Cities should pursue federal discretionary funding through the DOT for this project. The DOT recently issued a discretionary competitive grant opportunity for TIGER III, and the I-580 project could be a good fit. The FY 2011 funding level for TIGER III is $528 million. ~~ ~ Jordan & Associates has provided detailed information separately regarding the TIGER III program to the Tri-Valley Cities. 3. Interstate 680 Auxiliary Lane Improvement Proiect - Se~ment 2~$6 million The Tri-Valley Cities requested funds to construct exclusive lanes that connect the entrance and exit ramps between the Sycamore Valley Road and Crow Canyon Road interchanges on I-680 to alleviate high levels of peak hour congestion. The project is designed to mitigate operational problems caused by merging and diverging vehicles between two interchanges. It will work to better connect residents of bedroom communities in central/eastern Contra Costa County and Solano County to the job centers in the San Ramon Valley, the Tri-Valley, and Silicon Valley, as well as to the Bay Area Rapid Transit stations in Walnut Creek and Dublin/Pleasanton. ~ Given the moratorium on congressionally designated spending, Jordan & Associates notified the Tri-Valley Cities of a discretionary grant opportunity through the Federal Highway Administration for FY 2011. Congress provided $430 million in discretionary funds to the FHWA, which became available for competitive grant applications on May 5. Jordan & Associates recommended that the Interstate Maintenance (IM) Program, funded at a level of $100 million, would be a good fit for the I-680 Project. The Contra Costa Transportation Authority indicated that the I-680 Project was not eligible and did not want to submit the application. Jordan & Associates reconfirmed with FHWA that the I-680 Project was eligible under the IM Program. As a result, CCTA submitted the application to the California Department of Transportation (Cal Trans), who then submitted the project to the FHWA on June 3. Only two projects were allowed to be submitted statewide, and I-680 was one of the two. In addition; we have been working with the congressional delegation to obtain support letters regarding~the project that will be sent to the FHWA Administrator. 4. State Rbute (SR) 84 Widenin~ from Pi~eon Pass and I-680 -$6 million The Tri-Valley Cities requested $6 million to fund the completion of environmental document and preliminary engineering work for the State Route 84 project. The project will construct additional travel lanes on SR 84 between Pigeon Pass and I-680, as well as provide improved direct connections to and from I-680, including the construction of auxiliary lanes on I-680 between SR 84 and Andrade Road. This improvement will improve traffic flow on both I-580 and I-680, which each serve an additional 150,000 to 200,000 vehicles per day. TIGER III could also be a good federal grant opportunity for SR 84. Coordinating with the Alameda County Transportation Commission (ACTC) will be important; however, local governments can apply directly for TIGER III grants. Projects that improve freight mobility and increase trade are highly qualified candidates for this federal program, based on past awarded projects. 4 ~~ ~ Surface Transportation Authorization The House and Senate transportation authorizing committees have not yet introduced a draft bill, but have provided the outlines of their respective legislation. Both committees have stated that there.will not be individual member projects in the trarisportation bill. House Transportation Committee Chairman John Mica recently stated that his six year bill that would reduce the current highway and transit program by 36 percent. The legislation will most likely not be considered in committee until September, due to strong opposition from Democrats on the Committee, as well as a broad coalition of groups including labor unions and the U.S. Chamber of Commerce. Senator Boxer expects her two year bill, that would provide an additional $12 billion over two years for the federal highway and transit program, will be considered by the Senate Environment and Public Works Committee sometime in July. The Tri-Valley Cities Have selected the Interstate 580 Corridor Improvements, Interstate 680 Auxiliary Lane Improvement Project, and the State Route 84 Widening from Pigeon Pass to I-680 as their priorities, in the event that an authorization bill does include projects. Jordan & Associates will continue to follow the transportation bill closely. If opportunities arise for funding individual projects, we will apprise the Tri-Valley Cities of these developments. Federal Grant Opnortunities In the absence of congressionally-directed spending, it is critical for the Tri-Valley Cities to pursue federal discretionary grants that will be allocated from the recently-passed FY 2011 budget. Jordan & Associates has been emphasizing this approach with the Tri-Valley Cities for the past few years, given the increasingly competitive appropriations process. , In response to the changes in funding opportunities in Washington, and to better guide the Tri-Valley Cities in finding and pursuing grant opportunities, Jordan & Associates increased the frequency and detail of the grant alerts to be sent out on' a weekly basis, as opportunities arise. The Tri-Valley Cities liaisons are notified via email. This new, more targeted approach for federal discretionary grants includes a summary about the grant, information about applying for the grant, deadlines, qualifications, and other pertinent information. These alerts help draw the Cities' focus to the grants most likely to fund high-priority projects, such as the four submitted as appropriations requests in January, and to meet other needs in the Cities. Supplementing this service, we now have the capability to provide grant writing services through Rosy Ehlert. Ms. Ehlert is a civil engineer who has extensive experience in preparing federal grants, and is familiar with the Tri-Valley Cities, as she resides in Pleasanton. ~ i-GATE NEST(Innovation for Green Advanced Transportation Excellence - National Energy Systems Technolo~y Incubator) . The i-GATE NEST is a high priority for the Tri-Valley Mayors. While funding was not requested through the congressional delegation, Jordan & Associates has been working 5 ~~ ~ extensively to. define grant opportunities through federal agencies. Jordan & Associates has been providing grants information to the City of Livermore, who is the lead contact on the i- GATE project. During a key January meeting with Deputy Assistant Secretary of Commerce Brian McGowan, the Mayors were encouraged to pursue the i6 Green Challenge, a competitive funding opportunity offered by the Economic Development Administration (EDA). This opportunity had previously been identified by Jordan & Associates as a potential revenue source. Since January, Jordan & Associates has maintained close contact with EDA officials regarding i-GATE. Once the i6 Green Challenge grant opporiunity was released, Jordan & Associates began working with the designated Tri-Valley Cities staffers to prepare for the application submission. In March and April, Jordan & Associates staff participated in webinars, contacted the EDA regarding details, guidelines, and application information, and worked with Tri-Valley staff to prepare for submission. The initial step of the application was due May 2. On May 11, it was announced the i-GATE received approval for the first phase of the application process. This action allowed a final application to be submitted by May 26. - Most recently, Jordan & Associates has drafted letters of support for the i-GATE project to be signed by members of the Tri-Valley Cities' congressional delegation. These letters will be sent to officials at the EDA and other agencies who will review and evaluate the project in the final evaluation stage. Senator Feinstein, Representative Pete Stark, Representative Jerry McNerney and Representative John Garamendi have sent letters to the Commerce Department or the Economic Development Administration. requesting that the project be funded through the i-6 Program. Community Access Preservation Act (CAP Act) The ariginal CAP Act legislation failed to pass before the end of the 111 th Congress, and has recently been reintroduced in the 1121h Congress: The bill had only Democratic support in . the previous Congress, and suffered from a misconception that it woulcl add to the federal deficit. The new version of the bill has bipartisan support and clarifies several previous misconceptions. On May 5, Representatives Baldwin and Steven LaTourette (R-Ohio) introduced the CAP Act of 2011, H.R. 1746. The CAP Act of 2011 would address the severe challenges facing PEG (Public, Education and Government) television ehannels and save thousands of jobs in California and across the country. PEG channels feature city council meetings, local ~ emergency information, high school sporting events and other local programming not otherwise broadcast on television. Historically, the number of channels and funding ~ dedicated to PEG was negotiated as part of local cable franchise agreements between the cable company and the local community. However, recent state-level franchise laws in ~ twenty states including California have jeopardized this balance and created significant obstacles. Specifically, the bill would address the immediate issues facing PEG channels by: 7 7 ~ • Allowing PEG fees to be used for any PEG-related purpose; • Preventing cable operators from charging far the transmission of the channels; • Requiring the FCC to study the effect state video franchise laws have had on PEG channels; and • Requiring operators to provide the support required under state laws, or the support historically provided for PEG, ar up to 2% of gross revenue, whichever is greater. Jordan & Associates has worked with Representative Tammy Baldwin's (D-Wisc.) office and American Community Television (ACT) on the introduction and offering support, and has provided the Tri-Valley Cities liaisons with regular updates. Since the bill's introduction, Jordan & Associates has been working with Melissa Tench-Stevens and the Tri- Valley Cities to send a letter of support from the mayors to the congressional delegation, advocating their cosponsorship of the legislation. Jordan & Associates is also working with the ACT to coordinate meetings with other California members on the House Energy and Commerce Committee, which has jurisdiction over the bill, including Representative Mary Bono Mack, Representative Daris Matsui, ~ Representative Anna Eshoo and Representative Henry Waxrnan. We are also working with ACT to schedule a meeting with Senator Feinstein's office, to discuss the possibility of having Senator Feinstein sponsor the CAP bill in the Senate. We will continue to work on this important issue as it moves through Congress. Cost Estimate The cost of these services is estimated to remain the same.as in the contract from 2010-2011. The total contract with the Tri-Valley Cities for one year is $96,000, payable at $8,000 per month. That amount is split equally among the member cities of the Tri-Valley Cities, payable at $1,600 per month, plus expenses, for $19,200 for the year. - Jordan & Associates bills separately for travel required in connection with the furnishings of services under our agreement with the tri-Valley Cities, as well as all long-distance telephone expenses, document preparation and expenses associated with obtaining documents which will further the Tri-Valley Cities' interests. Total reimbursement typically does not exceed~ $1,000, and is usually much lower than that amount. _' 7