HomeMy WebLinkAbout2008-12-23 CC Agenda Item No.14 CITY OF
LADE 5LSINORE
"-) DREAM EXTREME,.
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT A. BRADY
CITY MANAGER
DATE: DECEMBER 23, 2008
SUBJECT: INTERIM AGREEMENT WITH THE FERGUSON GROUP FOR
WASHINGTON, D.C. LOBBYING SERVICES THROUGH JUNE 30, 2009
Background
The City's annual contract for Washington, D.C. lobbying services with The Ferguson
Group expired on October 31, 2008. Because of budget constraints, funding for contract
renewal was not included in the FY 08 -09 budget. The Ferguson Group has agreed to
reduce its customary charges to ensure continuity of service on behalf of the City.
Because the City's federal agenda is still moving through the 2009 budget process, the
Ferguson Group has proposed an interim agreement of $16,000 in equal monthly
installments of $2,000, retroactive from November 1, 2008 through June 30, 2009.
The scope of work includes guiding the City's current federal agenda through the final
stages of the 2009 federal budget process and developing the City's 2010 federal
agenda, which a City delegation will take to Washington, D.C. early next year.
Discussion
The City has retained the services of The Ferguson Group since 2005. Each year, the
firm assists in preparing federal appropriations requests for Congressional approval.
The 2009 legislative agenda includes transportation, water and safety projects.
Five requests were submitted in the 2009 legislative agenda, but only one earmark from
among the following has been included in the pending budget bill:
• Railroad Canyon Road Interchange Improvements $8 million
• Lake Elsinore Septic Tank Conversion (w /EVMWD) $1 million
• Lake Elsinore Recycled Pipeline (w /EVMWD) $2.5 million
• Lake Elsinore Inlet Channel Stabilization $2.6 million
• Lake Elsinore Emergency Operations Center $100,000 earmark
Agenda Item No. 14
Page 1 of 13
Interim Agreement for Washington, D.C. Lobbying Services
December 23, 2008
Page 2
Congressman Darrell Issa (R- Vista) successfully introduced a $100,000 earmark for the
Emergency Operations Center upgrade project. Congress convened a lame duck
session this month without approving a budget bill, so approval in January is pending.
Attachment "A" summarizes the City's 2009 legislative agenda, which was presented by
the City's legislative delegation to lawmakers in Washington, D.C. last March.
Congress is expected to consider reauthorization of key transportation and water
legislation in the 2010 budget, so we have an advantage in carrying forward the City's
current transportation and water - related funding requests, should this year's
appropriations requests go unfunded.
Retaining The Ferguson Group will provide continued advocacy on the City's behalf as
critical lake water quality and transportation projects move forward.
Fiscal Impact
The FY 2008 -09 budget does not include full renewal of the annual lobbying agreement.
In prior years, the annual contract for The Ferguson Group cost $72,000, plus
reimbursable expenses not to exceed $5,000. The proposed short-term agreement sets
the cost at $16,000, payable in equal monthly installments of $2,000. In addition, any
direct travel and related expenses on behalf of the City are reimbursable.
The City incurs the cost of sending its legislative delegation to Washington, D.C. one
time each year. This cost was included in the FY 2008 -09 budget. The legislative
delegation includes a liaison from the Ferguson Group, City Mayor, Redevelopment
Agency Chair and the City Manager. The itinerary is one travel day out, one full
business day with representatives and one return travel day. Annual lobbying - related
travel and expenses will not exceed $5,000.00 combined.
Recommendation
Authorize approval of the attached Agreement and execute the agreement with The
Ferguson Group, L.L.C.; reauthorize the annual legislative delegation Washington, D.C.
meeting and related travel expenses at the not -to- exceed amount of $5,000.00; and
authorize a budget adjustment for $21,000 from unallocated revenue.
Prepared by: Mark Dennis J"
Information /Communications Manager
Approved by: Robert A. Brad ? ,*
City Manager , ��1 �
Agenda Item No. 14
Page 2 of 13
ATTACHMENT A
mail 11. 1E
Wash in ;ion, ).(.20036
203.3:' 1.i3
To: Mark Dennis
From: Charmayne Macon
Kristi More
Re: Status Report for November and December
Date: December 17, 2008
I. Review of Activities in November and December
The 110 Congress ended their legislative activity on December 10, 2008. Lawmakers will
return on January 6, 2009, when the 111th Congress convenes. Democratic leaders have
predicted that a major economic stimulus package will move quickly in the New Year.
Additionally, they hope to finish an omnibus fiscal year 2009 spending bill in time for President -
elect Obama to sign during his first days in office.
Economic Stimulus Package
TFG closely monitored a potential additional economic stimulus package that Congress was
expected to consider in the post- election session, however, any bill is expected to be finalized in
the new Congress. These stimulus funds may come in the form of a single large bill or a series
of smaller ones, targeted to create jobs through the funding of local infrastructure projects. TFG
has been advocating with other key local government stakeholder groups to ensure that this
measure adequately addresses the needs of local governments.
Fiscal Year 2009 Appropriations
TFG continues to work with the City's congressional delegation in efforts to include the City's
priority projects in any omnibus appropriations bill for fiscal year 2009 considered in Congress
early next year. In September 2008, Congress completed the appropriations bills for Defense,
Military Construction Veterans Affairs and Homeland Security. However, the other nine bills
were funded through a continuing resolution until March 6, 2009.
Fiscal Year 2010 Federal Agenda Building
As part of our continuing agenda building effort, TFG is working with City staff to review
potential fiscal year 2010 agenda items and policy priorities. We will finalize the agenda for the
Council to consider and ratify early next year.
Agenda Item No. 14
Page 3 of 13
ATTACHMENT A
II. Status of City's FY 2009 Federal Agenda
Congressman Darrell Issa successfully secured an earmark of $100,000 in the House version of
the Commerce, Justice, Science Appropriations Bill for the Emergency Operations Center. The
following chart outlines the status of the City of Lake Elsinore's FY 2009 federal priorities.
PROJECT BILL REQUEST STATUS
1. I -15 /Railroad Transportation, $8 million - House: Subcommittee
Canyon Road Treasury and HUD marked -up bill on June
Interchange Appropriations Bill 20 Full committee mark -
Improvements up of bill delayed. No
earmarks were included in
subcommittee version of
the bill.
- Senate: Full committee
marked -up bill on July
10 th . No funding was
included for the project.
- Conference: TBA
2. Lake Elsinore Interior and $1 million - House: Subcommittee
Septic Tank Environment marked -up bill on June
Conversion Appropriations Bill — 11 Full committee mark -
EPA STAG Program up of bill delayed. No
earmarks were included in
subcommittee version of
the bill.
- Senate: Full committee
mark -up on July 24 No
funding was included for
the project.
- Conference: TBA
3. Lake Elsinore Energy and Water $2.5 million - House: Subcommittee
Recycled Water Appropriations Bill — marked - up bill on June
Pipeline Corps of Engineers 17 Full committee
marked -up bill June 25
No earmark was included
for the project.
- Senate: Full committee
marked -up bill on July
10 No funding was
included for the project.
- Conference: TBA
Agenda Item No. 14
Page 4 of 13
ATTACHMENT A
4. Lake Elsinore Commerce, Justice, $250,000 - House: Full committee
Emergency Science marked -up bill on June
Operations Appropriations Bill — 25` Bill included
Center COPS Technology $100,000 for the project.
Program - Senate: Subcommittee
marked -up bill on June
18 Full committee
marked -up bill on June
19 No earmark was
included for project.
- Conference: TBA
5. Lake Elsinore Water Resources $2.6 million - House: No official
Inlet Channel Development Act legislation has been
Stabilization (WRDA) introduced. Project
submitted to Rep. Issa as
part of initial project
assessment process.
- Senate: No official
language has been
introduced for the
reauthorization of
WRDA. However,
project was submitted to
Senator Boxer and
Senator Feinstein as part
of an early assessment of
WRDA needs.
For more information, contact Charmayne Macon ciiiacon@ gnet.com or Kristi More
kmore@tfgnet.com via email or at (202) 331 -8500.
Agenda Item No. 14
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ATTACHMENT A
MIM
THE
FERGUSON
1 GROUPLLC
1130 Connecticut Avenue, NW
Suite 300
Washington, D.C. 20036
202.331.8500
202.331.1598 fax
To: City of Lake Elsinore, CA
From: Charmayne Macon and Kristi More, The Ferguson Group
Re: Status Report on FY 2009 Federal Agenda and
Development of Fiscal Year 2010 Federal Agenda
Date: October 28, 2008
I. Update from Capitol Hill
Congress recessed at the beginning of October after completing work on the Emergency
Economic Stabilization Act ( "bailout" or "rescue" bill), tax extender legislation, and a
Continuing Resolution (CR). The CR keeps the government operating with level spending until
March 6, 2009 since only three of the fiscal year (FY) 2009 appropriations bills (Defense,
Military Construction -VA, and Homeland Security) were finalized prior to the start of the new
fiscal year on October 1st
There is much speculation pertaining to the process for finalizing the FY 2009 appropriations
bills after the November election and much will depend on the outcome of the Presidential
election. At the current time, neither House nor Senate leadership have committed to a final plan
for November. Both Houses are currently scheduled to reconvene in mid - November for a lame
duck session but no details have been released on the legislative agenda during this time. The
FY 2009 appropriations bills will either be finalized under the Bush Administration as part of the
lame duck session, or the bills will be delayed once again and reintroduced in the next session of
Congress and under the new Administration. Lame duck consideration will most likely result in
the passage of an omnibus appropriations bill that combines all remaining spending bills into one
large piece of legislation that can move through the legislative process more quickly. If the bills
are delayed until the start of the next Congress and after a new President is sworn-in, there is a
strong possibility that the remaining bills will be finalized individually. In either case, we will
ensure the City's needs remain a priority for the congressional delegation.
II. Status of City's FY 2009 Federal Agenda
Congressman Darrell Issa successfully secured $100,000 in the House version of the Commerce,
Justice, Science Appropriations Bill for the Emergency Operations Center. The following chart
outlines the status of the City of Lake Elsinore's FY 2009 federal priorities.
Agenda Item No. 14
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ATTACHMENT A
F }' 2010 Agenda Development
Page 2 of
FY 2009 PRIORITY PROJECTS
PROJECT BILL REQUEST STATUS
1. I- 15/Railroad Transportation, $8 million - House: Subcommittee marked -up bill
Canyon Road Treasury and on June 20 Full committee mark -up
Interchange HUD of bill delayed. No earmarks were
Improvements Appropriations included in subcommittee version of
Bill the bill.
- Senate: Full committee marked -up
bill on July 10 No funding was
included for the project.
- Conference: TBA
2. Lake Elsinore Interior and $1 million - House: Subcommittee marked -up bill
Septic Tank Environment on June 11 Full committee mark -up
Conversion Appropriations of bill delayed. No earmarks were
Bill — EPA STAG included in subcommittee version of
Program the bill.
- Senate: Full committee mark -up on
July 24 No funding was included for
the project.
- Conference: TBA
3. Lake Elsinore Energy and Water $2.5 million - House: Subcommittee marked -up bill
Recycled Water Appropriations on June 17 Full committee marked -
Pipeline Bill — Corps of up bill June 25 No earmark was
Engineers included for the project.
- Senate: Full committee marked -up
bill on July 10 No funding was
included for the project.
- Conference: TBA
4. Lake Elsinore Commerce, $250,000 - House: Full committee marked -up
Emergency Justice, Science bill on June 25` ". Bill included
Operations Appropriations $100,000 for the project.
Center Bill — COPS - Senate: Subcommittee marked -up bill
Technology on June 18 Full committee marked -
Program up bill on June 19 No earmark was
included for project.
- Conference: TBA
5. Lake Elsinore Water Resources $2.6 million - House: No official legislation has
Inlet Channel Development Act been introduced. Project submitted to
Stabilization (WRDA) Rep. Issa as part of initial project
assessment process.
- Senate: No official language has been
introduced for the reauthorization of
WRDA. However, project was
submitted to Senator Boxer and Senator
Feinstein as part of an early assessment
of WRDA needs.
www.fergusongroup.us Agenda Item No. 14
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ATTACHMENT A
F} 2010 Agenda Development
Page 3of5
III. Outlook for Emergency Operations Center
As highlighted earlier in this memo, Congressman Issa was successful in securing $100,000 in
the House version of the FY 2009 Commerce, Justice, and Science (CJS) Appropriations Bill for
the Lake Elsinore Emergency Operations Center. Before recessing for the November election,
the CJS Appropriations bill had been marked -up by both the House and Senate full
appropriations committee. However, the bill still awaits final consideration by the full House
and Senate. Once these votes occur, the bill will be considered in conference committee where
House and Senate members will evaluate the differences in the two bills. Final conference
committee approval advances the bill through the final steps of the process including approval
and signature by the President.
We anticipate the final consideration of the CJS appropriations bill by Congress and the
President will not occur until late fall or early next year. As mentioned earlier, there are two
possible alternatives for the finalization of the FY 2009 appropriations bills — a lame duck
session or reintroduction in the next session of Congress. In either situation, the earmark for the
EOC remains pending and we will work with the City and its congressional delegation to ensure
that the earmark remains intact and is included in the final version of the bill.
IV.Proposed Strategy and Next Steps for FY 2010 Agenda Development
A. FY 2010 Appropriations
Although we may not know the final outcome of the City's FY 2009 appropriations
requests until later this fall or even early next winter, TFG recommends that the City
begin working on its federal appropriations priorities for fiscal year 2010. Our meetings
with City staff and/or elected officials will focus on generating a list of potential projects
as well as to discuss the status and future of projects currently on the City's list of federal
priorities.
B. Water Resources Development Act (WRDA)
Congress generally passes a new version of the Water Resources Development Act
(WRDA) every two years. The legislation, among other things, authorizes the U.S. Army
Corps of Engineers to partner with local communities on environmental infrastructure
projects. The most current version of the bill was passed last year and is therefore up for
reauthorization in 2009. The House of Representatives collected Member priority project
requests in the spring. TFG worked with City staff to submit a request to Congressman
Darrel Issa for the Inlet Channel Stabilization Project. Senator Barbara Boxer will
oversee the reauthorization process in the Senate as Chairman of the Senate Environment
and Public Works Committee and collected Member priority projects last month. TFG
also assisted in the submission of the Inlet Channel Stabilization Project to both Senator
Boxer and Senator Feinstein as the Senate began preliminary preparations for the
reauthorization process.
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ATTACHMENT A
FY 2010 Agenda Development
Pccge 4 of 5
As of the date of this memo, no official legislation has been introduced pertaining to the
reauthorization of WRDA in either the House or Senate. However, we fully expect the
WRDA reauthorization process to be a high priority in the first half of the next session of
Congress. With Senator Boxer championing the process for the Senate, we anticipate
California interests will be of particular interest. TFG will continue to work with the City
and its congressional delegation to ensure the request for the Inlet Channel Stabilization
Projects is considered in the formal reauthorization process.
C. Reauthorization of SAFETEA -LU
In 2006, Congress passed the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users (SAFETEA -LU) which authorized federal funding for
six years for highway projects across the country. The law expires on September 30,
2009 and Congress has already begun to discuss the process for the reauthorization of
SAFETEA -LU. Like WRDA, Senator Boxer will champion reauthorization of
SAFETEA -LU for the Senate and has already begun to focus the Senate Environment
and Public Works Committee on the task. This summer Senator Boxer held field
briefings in select California regions in an effort to generate advice and input from
California communities on local transportation needs. While no official consideration of
the legislation is slated, we fully expect the reauthorization of SAFETEA -LU will be one
of the first priorities of the new Congress.
Historically, the transportation authorization bill includes a list of "high priority projects"
in which funding is listed for specific local communities prioritized by members of both
the House and Senate. TFG will work with City officials to identify key transportation
projects and will assist in the development of these projects for consideration by the
City's congressional delegation.
D. Policy and Administrative Goals
In addition to working with the City to identify funding areas of needs, TFG is prepared
to assist the City with any broader policy or administrative goals in the 111 Congress.
With a new Administration coming to Washington in January, we expect a shift in the
issues and areas of concentration in both the White House and Congress. TFG will be
following the transition closely and working with Members of Congress and the federal
agencies to identify key proposals that will affect cities like Lake Elsinore. With this in
mind, we encourage the City to identify key policy and administrative issues to
concentrate on in the upcoming year.
E. Timeline
TFG recommends the following steps and timeline in the preparation of the City's federal
agenda for calendar year 2009 and fiscal year 2010:
• November: TFG meets with department heads and/or elected officials to gather
information about priority projects and issues facing the City. The City will
www.fergusongroup.us Agenda Item No. 14
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ATTACHMENT A
E }' 2010 Agenda Development
Page 5 of 5
update TFG on projects that have been formally prioritized by the City to see if
the need for federal support still exists.
• November/ December: TFG will analyze the information obtained from City staff
and/or elected officials and will prepare a memo to staff and the City Council
outlining a strategy for each issue or project.
• December/ January: City Council will formally approve a federal agenda for
federal fiscal year 2010 /calendar year 2009.
• January/February: TFG will work with the City to prepare all background
material needed to present the federal agenda to the congressional delegation.
• February /March: TFG will prepare all documentation required to officially
request congressional assistance for the City's appropriations requests. The City
will formally present the federal agenda to the congressional delegation during a
visit to Washington D.C.
Please contact Charmayne Macon at (202) 331 -8500 or Kristi More at (916) 849 -1516 if you
have any questions regarding this report or need additional information.
www.fergusongroup.us Agenda Item No. 14
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AGREEMENT
THE CITY OF LAKE ELSINORE AND
THE FERGUSON GROUP, L.L.C.
Pursuant to this Agreement, The City of Lake Elsinore (hereinafter referred to as "the City ") and The
Ferguson Group, L.L.C. (hereinafter referred to as "the Washington Representative "), agree to
assume the following obligations:
1. OBLIGATIONS OF THE FERGUSON GROUP
A. The Ferguson Group will act as the Washington Representative to the City in Washington,
D.C.
B. The Washington Representative will confer with the City Manager, and such other personnel
as he /she may designate, at the times and places mutually agreed to by the City Manager and
the Washington Representative. This will be done on all organizational planning and
program activity that has a bearing on the ability of the City to make the best use of federal
programs and develop strategies consistent with federal agendas for accomplishing the City's
goals and objectives.
C. The Washington Representative will review federal executive proposals, legislation under
consideration, proposed and adopted administrative rules and regulations and other
Washington developments for the purpose of advising the City, on the Representative's own
initiative, of those items that may have a bearing on the City's policies or programs. And,
the Washington Representative will notify the City in advance of opportunities for federal
funding prior to formal publication and obtain applications upon request.
D. The Washington Representative will secure and furnish such detailed information as may be
available on federal issues in which the City indicates an interest.
E. The Washington Representative will review and comment on proposals of the City, which
are being prepared for submission to federal agencies, when requested to do so by the City
Manager.
F. The Washington Representative will maintain liaison with the City's congressional
delegation and assist the delegation in any matter that is in the best interest of the City and in
the same manner as any other member of the City's staff might render assistance.
G. The Washington Representative will counsel with the City and prepare briefing materials
and/or conduct briefings for City representatives who are preparing to meet with Members of
Congress and/or testifying before congressional committees and administrative agencies.
H. The Washington Representative will arrange appointments (and accommodations when
requested) for City officials to facilitate the efficient and effective performance of City
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Agenda Item No. 14
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business while in Washington, D.C.
I. The Washington Representative will contact federal agencies on the City's behalf when
applications are under consideration by such agencies and otherwise take whatever steps
necessary to obtain the most favorable consideration of such applications.
J. The Washington Representative will submit periodic reports providing the latest information
on issues of interest to the City; and provide an annual report giving an overview of The
Ferguson Group's work over the past year and a forecast of issues to be faced in the
upcoming year.
K. In fulfilling the responsibilities under this Agreement, the Washington Representative will
act in the name of the City and with the title Washington Representative to the City of Lake
Elsinore.
2. OBLIGATIONS OF THE CITY OF LAKE ELSINORE
A. The City will contract with the Washington Representative for a period of eight months.
B. The Washington Representative shall receive compensation for its services in a total amount
of sixteen thousand dollars ($16,000.00) payable in advance in equal monthly installments of
two thousand dollars ($2,000.00).
C. The City will advise the Washington Representative of the name or names of persons other
than the City Manager authorized to request service by the Washington Representative and
the person or persons to be kept advised by the Representative.
D. The City will supply the Washington Representative with a summary of all federal programs
in which the City is participating and advise the Washington Representative of any new
applications filed, together with the pertinent details as to the substance of such applications.
E. The City will supply the Washington Representative with copies of budgets, planning
documents, and regular reports of the City Manager and departments, Council agenda and
proceedings, newspapers and other materials that will assist the Washington Representative
in keeping current on City policies and programs.
F. The City will reimburse the Washington Representative for: (1) all travel expenses incurred
by the Washington Representative outside of Washington, D.C. at the request of /approval by
the City; and (2) all incidental Washington, D.C. expenses incurred in the course of
conducting City business.
G. All long distance telephone expense will be borne by the City.
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Agenda Item No. 14
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H. The City will reimburse the Washington Representative for the costs of document production
required by the City.
I. The obligation of the City under paragraph 2, subparagraphs F, G and H are included in the
retainer for the period covered by this contract.
3. THE CITY OF LAKE ELSINORE AND THE FERGUSON GROUP CONCUR THAT THE
FOLLOWING EXCLUSIONS SHALL APPLY TO THIS AGREEMENT.
The Washington Representatives assigned to the City:
A. will not represent the City before formal congressional committee hearings or in any judicial
or quasi-judicial hearing conducted by boards or examiners of federal agencies or
commissions;
B. will not perform any legal, engineering, accounting or other similar professional services;
4. Either party may terminate this Agreement at any time by giving the other at least sixty (60) days
notice in writing of such termination.
This Agreement shall take effect the 1 day of November 2008 and terminate the 30 day of June
2009.
THE FERGUSON GROUP, L.L.C. CITY OF LAKE ELSINORE
J.
WIL IA FE' G !��'' N, JR , ROBERT A. BRADY
Chief Executive • er City Manager
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Agenda Item No. 14
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