City Council Tuesday, September 20, 2022
AGENDA REPORT TO: Edward D. Reiskin FROM: Elinor Buchen City Administrator Deputy Chief of Staff, Office of the Mayor SUBJECT: State and Federal Lobbyist Contract DATE: September 7, 2022 RECOMMENDATION Staff Recommends That The City Council Adopt A Resolution Awarding Two Contracts To Townsend Public Affairs To Serve As The City Of Oakland State Lobbyist And Provide Grant Support From October 1, 2022 To September 30, 2024 For A Total Amount Not To Exceed $420,000 And To Serve As The City Of Oakland Federal Lobbyist And Provide Grant Support From October 1, 2022 To September 30, 2024 For An Amount Not Exceed $252,000 And Authorizing The City Administrator, Without Further Council Action, To Exercise An Option To Renew Each Contract For A Third Year Under The Same Terms And Conditions For An Amount Not To Exceed $210,000 For The Third Year Of The State Lobbyist Contract And $126,000 For The Third Year Of The Federal Lobbyist Contract And Authorizing The City Administrator To Waive The City's Local Business/Small Local Business Program Participation Requirements EXECUTIVE SUMMARY The Office of the Mayor issued a Request for Proposals (RFPs) for state and federal lobbying services and grant support in March 2022. Townsend Public Affairs was the sole respondent to each RFP. This resolution would approve two new two-year contracts with Townsend Public Affairs, one for state lobbying and grant support and one for federal lobbying and grant support, with an option to extend for a third year. BACKGROUND Townsend Public Affairs (TPA) has served as the City of Oakland's state lobbyist since 2006. As the state lobbyist for Oakland, Townsend has successfully worked in partnership with the Mayor, City Council, and the City Administration to pass important pieces of legislation, secure funding for critical City projects and further the goals of the City. Each year Townsend works with the Mayor, City Council and City Administration to formulate legislative priorities. (2022 Legislative Priorities are provided as Attachment 1.) During their tenure with the City, TPA has helped to secure $600 million in State funding in the categories of public safety, parks and recreation, transportation, economic development and
Edward D. Reiskin, City Administrator Subject: State and Federal Lobbyist Contract Date: September 7, 2022 Page 2 City Council September 20, 2022
affordable housing. TPA has also assisted in securing $90 million in federal funding since becoming the City’s federal lobbyist in 2011. TPA has achieved high levels of success over the years in both Sacramento and Washington D.C., in part because their staff has an in-depth understanding and deep-rooted knowledge of Oakland’s local issues and political landscape. TPA has the ability to work with longstanding coalitions, as well as help establish new ones as dictated by emerging issues. Due to their experience, knowledge of City’s operations, and successful track record in executing the City’s legislative priorities in state and federal matters, staff recommends that that the City Council award two contracts to TPA to serve as the City’s state and federal lobbyists and to help provide grant support LEGISLATIVE HISTORY The City of Oakland retained Townsend Public Affairs as its state lobbyist in 2006 after conducting an Request for Proposals (RFP) process. Their contract was extended through 2009, when another RFP was conducted. In May 2009, the Council adopted a resolution awarding a contract to TPA, after issuing another RFP. Council voted to extend the contract in 2011 and then again in 2015 (approving a contract through 2017). For federal lobbying services, the City issued an RFP in 2011. After the RFP process was completed, TPA emerged as the most responsive and responsible proposer and was selected to represent the City as its federal lobbyist. TPA has served as the City’s federal lobbyist since that time. Council awarded the contract to TPA in February 2014 and then voted to extend that contract through 2017. In March 2017, the Office of the Mayor issued a RFPs for state and federal lobbying services. Three proposals were submitted in response to the State Lobbying RFP and one proposal was submitted in response to the Federal Lobbying RFP. After a thorough selection process, Townsend Public Affairs emerged as the most responsive and responsible business for both federal and state lobbying services for the period of October 2017 through September 2020. On June 2, 2020, during the height of the pandemic, the City Council approved a one-year extension, from October 1, 2020 to September 30, 2021, for both the State and Federal Lobbyist contracts at the same rate (88140 CMS). At that meeting, Council directed staff to return with an additional year extension. On June 30, 2020, Council approved an additional year’s extension for the state and federal lobbyist contract at the existing rate for October 1, 2021 – September 30, 2022 (88183 CMS). In addition, in June 2021, the City Administrator’s Office entered into a professional services agreement contract with TPA for $49,999 for grant support services including: identifying, researching, and monitoring grant funding opportunities, review of grant application development and assistance with submittals, providing full application requirements, assembling project background and details, conducting funding advocacy and supporting post-award grant administration and compliance. This contract expired in June 2022. The new lobbyist contracts include additional funding ($30,000 for state and $30,000 for federal) for grant support.
Edward D. Reiskin, City Administrator Subject: State and Federal Lobbyist Contract Date: September 7, 2022 Page 3 City Council September 20, 2022
ANALYSIS In March 2022, staff released a Request for Proposals for state and federal lobbyist services, including grant support. It was advertised through customary outlets, including The East Bay Times, The Oakland Post, El Mundo, San Francisco Chronicle, iSupplier, and on the City’s website. Staff also directly notified 4 firms about the opportunity to submit proposals. By the submittal deadline of April 13, 2022, one proposal was received for both the state and federal lobbyist RFPs. Staff is requesting that the City’s Local/ Business/Small Local Business participation requirements be waived. While Townsend Public Affairs has operated an office in Oakland since 2006 and was previously certified as a Local Business Enterprise (LBE) from 2007 through 2022, under current regulations it does not qualify as a LBE as its headquarters are not in Oakland. Townsend Public Affairs will subcontract 25% of the work to 360 Total Concepts, who is a certified Small Local Business Enterprise (SLBE). Due to TPA’s in-depth understanding and deep-rooted knowledge of Oakland’s local issues and political landscape and a strong track record of success (see Past Performance and Evaluation Section), staff is requesting that City Council waive the 50% L/SLBE requirement. SCOPE OF SERVICES TPA will work closely with the City to draft a comprehensive state and federal legislative advocacy plan in coordination with the Mayor and City leadership. The process includes: Developing a Legislative Agenda • TPA works with the Mayor, Council and City Administration to create the annual list of legislative priorities, which includes an annual review of their legislative activities on behalf of the City, as well as the forward-looking list of priorities for the upcoming legislative session. These are presented to the Council’s Rules and Legislation Committee and the City Council in December, to provide ample time to take necessary action during the beginning of the legislative session. • Identifying issue areas drawing on identified City priorities, • Identifying elected representatives and key decision-makers who will carry legislation or partner with the City on particular priorities, • Formulating legislative strategy, including building coalitions as needed Tracking State and Federal Activities of Interest • Regular contact with Bay Area legislative leaders, key agency officials, the State and federal Administration; and staff, • Monitoring selected hearings and committees, • Identifying legislative and/or policy opportunities in advance; and, • Informing and working with relevant community organizations to build support for sponsored legislation. Identifying Grant Funding Opportunities and Supporting Grant Funding Applications • Identifying, researching, and monitoring grant funding opportunities, • Review of grant application and assistance with submittal, Edward D. Reiskin, City Administrator Subject: State and Federal Lobbyist Contract Date: September 7, 2022 Page 4 City Council September 20, 2022
• Providing full application requirements, assembling project background and details, drafting written proposals in coordination with city staff • Submitting applications, conducting funding advocacy and supporting post-award grant administration and compliance Developing Appropriate Materials for Meetings and Maintaining Records • Preparing agendas, memos, and talking points, • Developing relevant support materials, including research, • Providing regular updates regarding advocacy and public policy initiatives, • Providing summary reports; and, • Being available for in-person briefing(s), as requested FISCAL IMPACT Approval of the proposed resolution authorizes the City Administrator, or Designee, to award two professional services agreements to Townsend Public Affairs to serve as the 1) state lobbyist and provide state grant support in an amount not to exceed four-hundred and twenty thousand dollars ($420,000) and 2) federal lobbyist and provide federal grant support in an amount not to exceed two-hundred and fifty-two thousand dollars ($252,000) for the period of October 1, 2022 through September 30, 2024. Funding for these contracts is budgeted and available in the following funding sources: Fund Source Organization Project Account Amount 1010 –General Purpose Fund
90591 – City-Wide Activities 1000467 – State Lobbyist 54919 – Misc. Contract Services $360,000 90591 – City-Wide Activities 1000468 – Federal Lobbyist $192,000 08111 – Finance and Management: Administration 1000007 - DP080 Administrative Project $120,000 Total Funding $ 672,000 Additionally, without returning to City Council, both agreements will also provide the City Administrator the option to renew the contracts under the same terms and conditions in an amount not to exceed two hundred and ten thousand dollars ($210,000) for the State Lobbyist contract, and in an amount not to exceed one hundred and twenty-six thousand dollars ($126,000) for the Federal Lobbyist contract for a third year term period of October 1, 2024 to September 30, 2025. Funding for extension of the contract is not budgeted and dependent upon additional appropriations in the Fiscal Year 2024-25 budget. PUBLIC INTEREST AND OUTREACH The City issued a Request for Proposals. A notice of that RFP was published in the East Bay Times, the San Francisco Chronicle, the Oakland Post, Oakland El Mundo, and iSupplier, as well as on the City of Oakland’s website.
Edward D. Reiskin, City Administrator Subject: State and Federal Lobbyist Contract Date: September 7, 2022 Page 5 City Council September 20, 2022
COORDINATION The Oakland City Attorney’s Office, the Budget Office and the Department of Workplace and Employment Standards were consulted in writing this report. EVALUATION OF PAST PERFORMANCE State Performance: TPA has shepherded over 32 bills that were sponsored by and specific to the City. These results are a testament to TPA's ability to continually develop and effectively leverage relationships with the State Legislature, Governor's Administration, and various state agencies, as well as its ability to tailor legislative strategies that are most effective for the City. In addition to its success in the field of advocacy and legislative strategy, TPA has demonstrated unequaled achievement in terms of resource acquisition for its clients. The TPA team of grant funding experts has secured over $2.3 billion in competitive grants from a variety of public, private, and non-profit sources. Of this amount, TPA secured over $600 million in state grants for the City of Oakland’s projects, including public safety, housing and development, transportation, parks and recreation, education, and cultural resources. 2022 State Legislative Highlights The TPA/City team worked together to secure over $29 million in direct funding to the City . This includes: • Partnering with the Mayor and her office to secure a multiyear direct State budget allocation to help address homelessness in the amount of over $24 million a year. This effort included working closely with Senate Budget Chair Nancy Skinner and her staff, Assembly Budget Chair Phil Ting and his staff, the Governor and his Administration, and the Big City Mayors to secure the largest homeless allocation ever. • TRiO housing earmark from Assembly Member Bonta in the amount of $5 million dollars to help support teachers in Oakland 2021 Highlights The TPA/City team worked together to secure $331,905,020 in direct funding to the City and organizations that support City efforts. Please note the following state highlights below: • Partnering with the Mayor and her office to secure a multiyear direct State budget allocation to help address homelessness in the amount of over $24 million a year. This effort included working closely with Senate Budget Chair Nancy Skinner and Assembly Budget Chair Phil Ting and his staff, the Governor and his Administration, and the Big City Mayors to secure the largest homeless allocation ever. • Partnering with the City Council to support a direct State allocation for MACRO in the amount of $10 million. Senate Budget Chair Nancy Skinner helped champion this direct allocation to address mental health and public safety efforts. • Partnering with the Mayor, the Port of Oakland, and the City Administration to secure a direct State allocation for Port related improvements in the amount of $280 million. This included working with the Mayor, the Port, the Chairs of the Bay Area Caucus, and others to help secure much needed funding to improve truck routes and rail corridors near the Port to minimize both long-existing and potential future conflicts between trains, trucks, pedestrians, cyclists, and passenger cars, among other items outlined in the Downtown Specific Plan and Jack London District Plan Edward D. Reiskin, City Administrator Subject: State and Federal Lobbyist Contract Date: September 7, 2022 Page 6 City Council September 20, 2022
• Leading the efforts to help secure a direct allocation to the City for a local jurisdiction assistance grant program for cannabis businesses to secure permits in the amount of $9,905,020 million. This effort included working closely with the City Administration, both Budget Chairs and staff, various legislators, the Governor’s Administration, and others to help push this proposal which is another direct allocation to the City. • Supporting the efforts of the City Council to secure a direct State allocation to the City for the California Entrepreneurship Capital in the Community Initiative in the amount of $8 million. • Helping push for an increased budget allocation for the California Violence Intervention and Prevention (CalVIP) Grant Program in the amount of $210 million. This effort includes working with the Mayor, her office, Assembly Member Wicks, and service providers to push for greater funding into the budget. • Serving as an active member of the coalition to secure $50 million in the State budget for local communities to enhance the cultural arts. • Working with the Mayor to help push the Universal Basic Income Pilot program which secured $35 million in the state budget 2020 Highlights The Covid 19 pandemic impacted the 2020 legislative year and many important policy discussions were put on hold because of it. However, the City of Oakland received $9 million from the Homeless Coordinating and Financing Council to address homelessness. Another massive funding win for the City and Team TPA was securing another direct allocation from the State to address the impacts from Covid-19. The City of Oakland received $36.9 million in State of California CARES Act funding. 2019 Highlights Working with the Mayor and Big City Mayors, the team partnered for another direct allocation, this time from HHAP in the amount of $19,697,548.19. • Assembly Bill 1191 (Bonta) State Land Commission: exchange of trust lands: Howard Terminal property This bill authorizes the State Lands Commission to engage in a land exchange with the City for lands at Howard Terminal, settle boundary disputes, and approve the Development on the final trust lands. On behalf of the City of Oakland, and with direction provided by the Mayor, TPA worked closely with Assembly Member Bonta and the Oakland Athletics to get this bill to the Governor’s desk. • Senate Bill 293 (Skinner) Infrastructure financing districts: formation: issuance of bonds: City of Oakland This bill permits the City of Oakland to form an IFD, which is an essential tool and funding source for redevelopment (pertaining to new ballpark creation). Another major step towards the creation of a new ballpark for the Oakland Athletics, TPA, on behalf of the Mayor, worked closely with Senator Skinner’s office to advocate for this change to IFD law. Actions included meeting with numerous Senate and Assembly offices to discuss the provisions of the bill, testifying in policy and fiscal committees, and pushing for passage via letters and further discussions, once on the Governor’s desk. 2018 Highlights TPA working with the Mayor was very active with the creation and the launch of the Homeless Emergency Aid Program (HEAP). HEAP is a $500 million block grant program designed to provide direct assistance to cities and counties to address the homelessness crisis throughout Edward D. Reiskin, City Administrator Subject: State and Federal Lobbyist Contract Date: September 7, 2022 Page 7 City Council September 20, 2022
California. TPA worked closely with the Mayor and her office to secure a direct allocation from the State for Homelessness in the amount of $8.6 million. Legislatively we were the lead on the following bills that were signed into law: • Assembly Bill 3139 (Bonta) State highways: property leases. As one part of our larger strategy to address the growing homeless crisis, the City of Oakland sponsored this bill to lease vacant, unused parcels from Caltrans and put it into productive use; specifically for emergency shelters. • Assembly Bill 2020 (Quirk) Cannabis: local jurisdiction licensees: temporary event license. This bill, sponsored by the City, would authorize the Bureau of Cannabis Control to issue a temporary state license to provide on-site sales and consumption of cannabis at a temporary event located at a venue expressly approved by a local jurisdiction. • Senate Bill 1294 (Bradford) Cannabis Equity Act of 2018. This legislation aimed at reversing some of the damaging impacts cannabis prohibition has had on individuals from disadvantaged communities and is the first social equity cannabis measure in the Unites States. This bill provided $10 million dollars for cities who have equity programs and Oakland received 3 million dollars. • AB 734 (Bonta) California Environmental Quality Act: Oakland Sports and Mixed-Use Project. This bill would establish special procedures for California Environmental Quality Act (CEQA) review, additional conditions for certification, and expedited judicial review for a proposed baseball park and mixed-use development in the City of Oakland. This bill would only apply if Howard Terminal is determined to be the site of development. • Created the State’s first ‘shared space’ cannabis permit. TPA, working with the Department of Public Health on the City’s behalf, created the first ever regulations that would allow cannabis manufacturers to share facilities. Federal Performance: TPA secured over $90 million in grants for the City of Oakland’s projects, including public safety, housing and development, transportation, parks and recreation, education, and cultural resources. 2022 Federal Highlights TPA worked with the Mayor and Administration to develop, advocate, and secure several major City initiatives through federal earmarks. The TPA/City team worked together to secure 3 federal earmarks in the amount of $3,396,000. To recap, Oakland’s federal earmarks are currently pending and include: • $2,000,000 from Senator Alex Padilla for the Lincoln Recreation Center Resilience Hub project • $750,000 from Representative Barbara Lee for the Coliseum Gardens Affordable Housing project • $646,000 from Representative Barbara Lee for the Ceasefire, Procedural Justice/Community Police Trust project TPA is serving as a key strategic advisor in the City’s application for federal grant funds through the National Infrastructure Project Assistance program (Mega) administered by the U.S. Department of Transportation.
Edward D. Reiskin, City Administrator Subject: State and Federal Lobbyist Contract Date: September 7, 2022 Page 8 City Council September 20, 2022
2021 Federal Highlights TPA worked with the Mayor and Administration to develop, advocate, and secure several major City initiatives through federal earmarks. The TPA/City team worked together to secure four federal earmarks in the amount of $4,164,000. The specific projects were: • Violence Prevention Project at $200,000 • MACRO Mental Health at $734,000 • Mental Health Resilience Project at $1,230,000 • 7th Street Bike/Pedestrian Improvements/Howard Terminal Infrastructure at $2,000,000 In addition, the TPA Federal team was a key strategic advisor throughout the City’s $14.5 million RAISE Grant award for TOWN for All, providing strategic advice on leveraging the City’s strengths to put forward the most competitive application possible and ultimately win one of only two urban California RAISE grants in 2021. 2020 Federal Highlights In March 2020, the novel coronavirus hit the United States and changed the City’s entire federal advocacy strategy. TPA was quick to adapt, and advocated for Oakland priorities in Phase 1, 2, 3, and 4 (ongoing) aid packages, as well as smaller standalone legislation to address coronavirus. During negotiations, TPA helped identify a loophole preventing the City from receiving reimbursement for additional funds expended on a required expansion of paid sick leave for employees afflicted with coronavirus, helping to care for those with coronavirus, or needing to stay home from work due to risk of coronavirus or school closures. 2019 Federal Highlights After the longest partial government shutdown in U.S. history, Congress passed funding for the rest of Fiscal Year 2019. Because of groundwork laid throughout the year prior, the City/TPA team were able to secure several City budget priorities, including the following (numbers rounded). Increased funding for: • Homelessness Assistance Grants (additional $130 million over Fiscal Year 2018) • HUD Tenant-Based Rental Assistance (Section 8 Vouchers) (additional $500 million) • HUD Project-based Rental Assistance (additional $220 million) • Economic Development Administration (additional $2 million) • Second Chance Act (Recidivism Reentry grants) (additional $2.5 million) • FEMA Pre-Disaster Mitigation Grant Program (additional $1 million) • Head Start (additional $100 million) • Brownfields grants (additional $7 million) 2018 Federal Highlights As the leadership in the White House changed, many long-standing Oakland priorities came under attack. The TPA/City team worked hard to defend existing programs such as: • Deferred Action for Childhood Arrivals (DACA). In September 2017, the Trump administration announced it would phase out the DACA, in six months’ time, eventually ending in March 2018. • Sanctuary Cities. Since his election, President Trump has sought opportunities to make good on his campaign promise to defund Sanctuary Cities. Knowing that the Administration would not have the unilateral power to make good on this promise the way he had hoped, TPA kept the City apprised of new actions and what they would mean for the City in the short- and long-term.
Edward D. Reiskin, City Administrator Subject: State and Federal Lobbyist Contract Date: September 7, 2022 Page 9 City Council September 20, 2022
• Census Citizenship Question. The Trump Administration announced plans to incorporate a question about citizenship into the 2020 census. The addition of this question could have a chilling effect (citizens and non-citizens) on people responding to the census, causing an undercount of City residents, and resulting in fewer federal funds allocated to the City and the State of California. • Border Separations. The Trump Administration engaged in a coordinated effort to separate families at the southern border with Mexico while also preventing refugees from legally requesting asylum. • Public Charge. In the mid-October, the Department of Homeland Security published the proposed “public charge” rule in the Federal Register. The proposed rule would dictate that immigrants who legally use public benefits like food stamps, Section 8 housing vouchers, and non-emergency Medicaid could be denied green cards. The rule previously only applied to social security benefits and Temporary Assistance for Needy Families to determine whether immigrants were deemed “public charges,” or people who depend on the government as their main source of financial support. • Cannabis. As former Attorney General Jeff Sessions and President Trump made conflicting statements on the Administration’s approach to cannabis policy and enforcement, some congressional leaders sought to advance state and local authority over cannabis policy. • Wireless Infrastructure. Near the end of 2017, TPA obtained a copy of a draft Senate bill that had not yet been introduced. The bill as written would have limited fees the city could charge wireless providers for use of public infrastructure, limited the time the City could consider permits for public infrastructure use, deemed granted any permits still outstanding after an arbitrary time period, and prevented the City from negotiating with wireless providers. Altogether, this bill would have been extremely detrimental to the City. • STREAMLINE Small Cell Deployment Act. On June 28, 2018, Senators John Thune (R-SD) and Brian Schatz (D-HI) introduced the STREAMLINE Small Cell Deployment Act (S. 3157), a new version of the draft bill TPA had worked closely with committee staffers to amend before introduction. This bill as introduced had mitigated several of the most detrimental provisions. However, overall the legislation did not do enough to mitigate the effect on the City of Oakland, and still included several harmful provisions, including the “deem granted” provision. • FCC Rules. In September, the Federal Communications Commission (FCC) introduced a proposed rule and then voted to approve the new rule to limit fees on wireless provider use of local infrastructure, and limit the amount of time that local authorities can take to review businesses proposal for deploying wireless infrastructure. Washington DC advocacy trips Townsend Public Affairs provides comprehensive support and strategic guidance for advocacy visits to Washington, DC for Mayor Schaaf and members of the City Council. TPA arranged meetings from Capitol Hill to the White House and throughout the Administration while preparing the City’s representatives with background materials and strategic briefings. TPA leveraged the City’s partnerships with the U.S. Conference of Mayors and Mayors and CEOs for Housing Investment to promote the City’s priorities with policy makers in Washington, DC. SUSTAINABLE OPPORTUNITIES Economic – The services provided by our state and federal lobbying teams provide opportunities to secure additional funding for economic development, workforce Edward D. Reiskin, City Administrator Subject: State and Federal Lobbyist Contract Date: September 7, 2022 Page 10 City Council September 20, 2022
projects; and other projects that bring potential economic benefit to the residents of Oakland. Environmental – The services provided by our state and federal lobbying teams provide opportunities to secure additional funding for Oakland parks and other environmental and climate change resilience projects. Social Equity –The services provided by our state and federal lobbying teams provide opportunities to secure additional funding to address social equity disparities relating to infrastructure, access to affordable housing and childcare; and many other issues. ACTION REQUESTED OF THE CITY COUNCIL Staff Recommends That The City Council Adopt A Resolution Awarding Two Contracts To Townsend Public Affairs To Serve As The City Of Oakland State Lobbyist And Provide Grant Support From October 1, 2022 To September 30, 2024 For A Total Amount Not To Exceed $420,000 And To Serve As The City Of Oakland Federal Lobbyist And Provide Grant Support From October 1, 2022 To September 30, 2024 For An Amount Not Exceed $252,000 And Authorizing The City Administrator, Without Further Council Action, To Exercise An Option To Renew Each Contract For A Third Year Under The Same Terms And Conditions For An Amount Not To Exceed $210,000 For The Third Year Of The State Lobbyist Contract And $126,000 For The Third Year Of The Federal Lobbyist Contract And Authorizing The City Administrator To Waive The City's Local Business/Small Local Business Program Participation Requirements For questions regarding this report, please contact Elinor Buchen, Deputy Chief of Staff, at 510-238-7439. Respectfully submitted, ELINOR BUCHEN Deputy Chief of Staff, Office of the Mayor Attachment (1): 2022 Legislative Agenda
To:
From:
Date:
ATTACHMENT 1
Mayor Libby Schaaf
Council President Nikki Fortunato Bas and Members of the City Council Christopher Townsend, President, Townsend Public Affairs, Inc.
Niccolo De Luca, Vice President
Andres Ramirez, Associate
Ben Goldeen, Federal Senior Associate
Sammi Maciel, Federal Associate
November 18, 2021
Subject: UPDATED/Draft 2022 State and Federal Legislative Agenda and Summary of 2021 State and Federal Legislative efforts
SUMMARY
Townsend Public Affairs, Inc. (TPA) has prepared this report for the City of Oakland as a summary of the 2021 legislative year and a look ahead to 2022. TPA met with City leadership and based on those meetings has prepared a recommended State and Federal Legislative agenda for discussion and adoption. This includes the framework for legislative proposals for the 20 22 legislative year, including City-sponsored legislative proposals as well as legislative and funding priorities.
The State Legislature is currently in interim recess and will reconvene on January 3, 2022 to resume legislative activities. Legislators may begin introducing new pieces of legislation, many of which may be like bills that did not advance in 202 1, the second year of the two -year legislative cycle. In Washington, DC Congress will begin accepting earmark requests for the Fiscal Year 2023 appropriations process as soon as February 2022. TPA has already begun to engage in policy conversations with the City’s Legislative Liaisons and Representatives and will continue to have discussions in the following weeks and months leading up to the 2022 legislative session City of Oakland Legislative Priorities for 2022
This report reflects the City of Oakland’s legislative agenda for 20 22, but it will be necessary to remain nimble and responsive as we move through the state and federal legislative year, especially as we continue to pivot and readjust due to COVID and its effects on how governmental operations are conducted.
In this report, TPA has included input from the Mayor, City Council, and City Administration. This report is compiled into three sections:
1. City of Oakland Specific Legislative Priorities for Sponsorship and Support;
2. State and Federal Legislative Priorities and Funding Opportunities for Monitoring; and
3. One-time State and Federal Funding Priorities for “Member Request” Consideration; The City of Oakland also works in partnership with a wide range of entities to support shared local and regional legislative priorities. The Mayor is a founding member of Mayors and CEOs for U.S. Housing Investment and the City supports its legislative priorities around housing and homelessness. In addition, the Mayor is a founding member of Mayors for a Guaranteed Income and Mayors for Medicare for All and an active member of the Big City Mayors coalition. We also
2 work closely with and support various measures that are of importance to our regional partners such as: Oakland Unified School District, Port of Oakland, Alameda County, Metropolitan Transportation Commission, Alameda County Transportation Commission, Oakland’s transit agencies, as well as other California cities, employers, and key sectors. We also partner with local institutions such as the Oakland Museum of California, Oakland Zoo, Chabot Space and Science Center, and others. City of Oakland Specific Legislative Priorities If the City Council is supportive of the proposals listed below, TPA will continue to research what can be accomplished through legislation, regulations, or direct advocacy with State/Federal agencies and other organizations. As we are entering the second year of a two-year cycle, it is our recommendation that the City sponsor no more than two pieces of legislation. • Homelessness - From our meetings with the Mayor, Council Members, and City staff this remains the top legislative and funding priority. In addition to working on a permanent source of funding, other efforts could include additional mental health funding, operating funds for new shelters/supportive housing, efforts to approve safe injection sites, modifications to state law and possibly federal law to support Oakland programs such as safe RV parking, changing how state agencies interface with homeless encampments, and other efforts. • Affordable Housing - Possible solutions could include acquisition and preservation of existing affordable housing stock, Costa Hawkins reform, protections for tenants against steep rent increases and other anti-displacement tools such as Ellis Act reform, efforts to streamline affordable housing development, changes to the process for selling auctioned property at the County, regulatory or legislative amendments to the CDLAC funding award process, and other efforts to support affordable housing production. • Public Safety–Greater flexibility is needed relating to various traffic responsibility and enforcement duties, such as the use of automated enforcement or traffic cameras designed and implemented with an equity impact assessment. Supporting legislative efforts to limit ghost guns, support public safety reform, and alternatives to non-emergency police response are also priorities. Additional topics for consideration include progressive parking and traffic ticket fines and fees, accountability in management of private mobility providers and private trip data, and to clarify “Dangerous Condition” and the associated liability of public entities. • Economic Inclusion – Efforts could include measures to encourage investment in underserved retail corridors, and improve reporting and transparency, expanding and improving access to state and federal tax credits such as the EITC, and improving access to capital for traditionally excluded entrepreneurs. In addition, efforts could also include guaranteed income programs, First Time Homebuyer programs, helping support land trusts, and other related matters. • Closing the Digital Divide, Educator support, College Access, and Early Childhood Education – Support efforts to ensure digital access that provide underserved residents with a computer, reliable high-speed internet (i.e., city-wide broadband), adoption and technical support through legislation, ongoing funding, and subsidies. Support efforts to strengthen and diversify the educator workforce so that it is more effective, culturally responsive, and reflective of local communities and support educator and family housing near schools. Legislative efforts could also include increasing college accessibility through affordability, by supporting programs and policies that consider the total cost of attendance and cost of living (i.e., housing, transportation, food, childcare) when determining financial
3 aid eligibility and college completion supports. Support legislative efforts that expand and enhance early childhood education, with a focus on historically underserved/under-represented and higher need populations. Federal and State Legislative Monitoring and Potential Action The following legislative priorities have been identified by the Mayor, Councilmembers, and City staff for monitoring, analysis, and potential action. The Mayor and/or City Council may choose to take a position on a piece of legislation, continue to monitor without a position, or determine if any further response is required. TPA maintains a constantly updated matrix of state and federal bills for the City of Oakland, providing additional analysis and information to inform the development of a position by the City. In addition, all the policies below will be viewed through the lens of racial inequities and how we can make the legislation stronger and more equitable. TPA will monitor legislative activity in the following areas: Homelessness Policy Priorities Funding Priorities Prevent displacement of tenants and residents Funding for homeless services (e.g., the wrap around services necessary for transitional and permanent housing with operating subsidies) and emergency shelters Enhance transitional, deeply affordable, and permanent supportive housing opportunities Funding for flexible rapid rehousing and emergency rental assistance that prevents homelessness Work with Caltrans and other state agencies on the replication of Oakland’s encampment strategy and processes Support for more mental health and behavioral health outreach services Support legislative efforts that make housing a human right under the State Constitution Funding for employment, wage-earning programs for homeless people Support legislative efforts that will require counties to partner with cities relating to unspent Prop 63 mental health funds Funding for the partnership with OUSD to create a career technical hub and educational experience pathway, which would also support TAY housing Support efforts to identify public lands for sanctioned encampments Support regulations relating to RV parking and residential neighborhoods Support the development of new policies which better align federal requirements of Coordinated Entry Systems with the needs of people living in encampments
Support efforts relating to job and workforce training to increase economic stability and opportunities for homeless and housing insecure residents Support efforts to streamline the creation of emergency shelters and interim housing solutions Planning, Housing and Land Use Policy Priorities Funding Priorities
4 Help promote and support housing legislation that provides incentives to approve more affordable housing Work to secure funding for the City/OUSD joint affordable housing project for the development of the Career Technical Education Hub at 1025 2nd Avenue, Oakland, for TAY Housing once approved by the District Support efforts of CEQA streamlining for affordable housing units, especially ELI Support funding efforts to create an emergency housing fund that can be used for bridge loans or purchase Support housing legislation that increases greater height and density near transit and areas of job growth Support for soft-story seismic retrofits Support legislation that advances the creation or funding of affordable housing projects Efforts to preserve the historic character of neighborhoods Enhance efforts to increase low and moderate-income housing, including ensuring that the Cap and Trade funding guidelines meet the City’s needs and goals Funding opportunities for housing preservation via community ownership, land trusts, and co-ops Support legislative efforts to encourage Universal Housing Vouchers Support for increasing affordable housing inventory including transit oriented affordable housing Pursue updates to the State building code, if necessary, to address non-conforming uses without causing displacement and to promote innovative forms of housing construction Secure funding for the preservation and rehabilitation of affordable housing Reasonable reform to CEQA to streamline development and housing opportunities Secure funding for a first-time homebuyer’s program Support legislative and funding efforts relating to housing preservation and acquisition, especially for community land trusts Support efforts that increase opportunities for teacher housing Support efforts on wealth and housing preservation to help insure generational wealth Support for funding for Accessory Dwelling Units (ADUs) Oppose bills that threaten the use of the Low-Income Housing Tax Credit (LIHTC) or other tax financing, which includes proposals that threaten the tax-exempt status of private activity bonds, which are a prerequisite for the use of the 4% LIHTC credit
Support nontraditional funding opportunities to help create opportunities to either purchase or develop land, especially in impacted neighborhoods Support efforts to purchase real estate that is becoming available, so that corporations do not buy them first Support housing preservation efforts which includes community land trusts and acquisition and rehabilitation of small site projects Support legislative efforts that encourage first right of refusal for affordable housing development relating to county auctioned property Support legislative efforts to extend tenant protections and mortgage forbearance for small property owners Support legislative efforts that increase the definition of “workforce housing”
5 Support legislative efforts to amend Government Code 65588 by an additional 120 days to May 31, 2023 for these jurisdictions to allow them to complete their Housing Element Update to provide cities sufficient time for outreach, production, presentation, and revision under these additional requirements in the Housing Element that were not previously mandated.
Support efforts to make Cal HOME more accessible and more competitive in the Bay Area due to high costs of living and other items Support legislative efforts to modernize the Ellis Act and to help preserve residential hotels Support legislative efforts working with Assemblymember Ting around Surplus Land Act revisions.
Support efforts on housing preservation to avoid displacement and gentrification, while supporting home ownership efforts Support legislation that revises the Health & Safety Code to make it easier for cities to support its artistic communities, specifically the definition of joint living and work quarters to reflect how artists and creative communities live and work today.
Support efforts to increase the number of housing vouchers for the Oakland Housing Authority Support legislative efforts to increase the number of project-based vouchers Support efforts to modernize or reform Proposition 13 Support legislative efforts to increase the use of modular housing and other innovative construction practices Support legislative efforts to lower the necessary voter threshold from a two-thirds supermajority to 55 percent to approve local general obligation (GO) bonds and special taxes for affordable housing
Support efforts to lower the bond threshold from 50% to 25% for the Low-Income Housing Tax Credit (LIHTC) Education Policy Priorities Funding Priorities Support efforts to achieve universal broadband access through streamlined city policies like Dig Once, Colocation, and GIS Logging Monitor potential funding sources that would provide access to tech support, digital literacy, and/or adoption to promote digital inclusion. 6 Support SB156 to be implemented in a way to
ensure that 1. Oakland is prioritized and 2.
broadband is in the most underserved
neighborhoods of Oakland (i.e.,
880/international)
Support efforts to increase and ensure long term state
funding for Early Childhood Education,
Support the Emergency Connectivity Fund
becoming a permanent subsidy that
reimburses schools and libraries for
computers and internet bulk purchased for
student home use
Increased funding for local districts, municipalities, or nonprofits to supplement their pipeline and residency
programs with additional support to address the cost of housing/cost of living
Support the Emergency Broadband Benefit
becoming a permanent subsidy to support
students and residents from low-income
backgrounds to have access to high-speed
internet/broadband
Support efforts to increase and ensure long term state
funding for urban schools, with a focus on Title I schools and schools serving higher need populations
Support the Device Access for Every
American Act to subsidize the cost of a home
computer for residents from low-income
backgrounds
Support funding for a broadband specialist position within the city administrator’s office to facilitate
interdepartmental collaboration and strategic visioning.
Support efforts to increase diversity of teacher
workforce to eliminate representation gaps
Support funding for grant writing to maximize State and Federal broadband grants.
Support legislative efforts to increase and
expand teacher residency programs (such as
Teachers Rooted in Oakland)
Support funding for teacher residency programs and
programs that enhance teacher residencies (such as
Teachers Rooted in Oakland)
Support efforts to help support Oakland
Unified School District
Support legislative efforts to increase funding for Cradle to Career strategies, supports, transparency, and
accountability
Support efforts to reduce racial inequities in
education and address affordability of teacher
housing
Increased funding for local municipalities to address
housing security and transportation costs as they relate to both educators and families
Support efforts to renew or make permanent
the AB 833 Childcare Pilot for Alameda
County
Increase college affordability by supporting programs and policies and additional streams of revenue that consider and would help fund the total cost of attendance and cost of living for students enrolled in postsecondary education programs, particularly for community colleges, Peralta
Districts, and CSUs.
Support efforts to establish fee-waivers for
people from low-income backgrounds taking
required tests for Teaching Credentials
Create, enhance, or expand CDBGs for communities that
organize to provide holistic supports for cradle to career programs, to promote, sustain and extend the scope of
Promise programs across the state.
7 Support legislative efforts like “Make Every
Financial Aid Dollar Count” and prioritize Pell
grant eligible students with highest need
Increased funding for the Cal Grant to enable the award to cover a greater share of the total costs of attending community colleges, CA state universities and UCs.
Supportive legislative efforts for new and
existing Promise Programs and non-profits
Support legislative efforts to make safe school
environments for students and staff, due to
toxic contaminants found in the soil,
traffic/pedestrian safety, and more
Reduce truancy, absenteeism, and school
drop-out rates
Increase access to after-school programs
Increase access to and quality of early
childhood education
Cradle to Career strategies such as the
Oakland Promise and other college, associate
degree, or vocational certification completion
efforts
Establish statewide goals and accountability
for high school and college graduation rates
and increase access to higher education
Expand opportunities for adults to return to
college by removing barriers such as
improving support services for returning
adults, many of whom are working full-time
and have dependent children, reducing
institutional roadblocks to reentry caused by
administrative policies and lack of coordination
between institutions, minimizing restrictions on
student financial aid that disproportionately
increase the cost of college for adults, and
better connecting education to work by
incentivizing employers to invest in their
employees’ degree completion efforts
Develop a longitudinal education data system
spanning from preschool to age 20 to provide
timely, accurate, and transparent data about
student success
8 Create a statewide coordinating entity across higher education institutions to establish statewide leadership Support efforts to increase funding for adult education Immigrant Protections Policy Priorities Funding Priorities Support Congressional efforts that would make the Deferred Action for Childhood Arrivals (DACA) program permanent, including a pathway to citizenship Universal representation in deportation proceedings Support access to counsel and due process for all undocumented immigrants, especially unaccompanied minors Legal services for those seeking asylum, refugee, and other forms of protected status Support measures that ensure all undocumented immigrants in detention facilities are held for the shortest time possible, especially for youth, elders, and those with medical conditions, and ensure an end to family separation.
Access to counsel for all unaccompanied minors
Support legislation that will close some loopholes in the state's sanctuary law Support measures that ensure the same quality standards exist at all facilities where immigrants are detained, including adequate health and mental health care, regardless of whether the facility is run by a government entity or a government contractor
Oppose efforts that seek to reduce the rights of immigrants, erode legal or constitutional protections, or seek to retaliate against cities that have local “sanctuary” policies
Economic Development/Economic Inclusion Policy Priorities Funding Priorities Bolster opportunities for entrepreneurs and small businesses to create new jobs that prioritize access to local talent and keep costs down for small business operators Ongoing funding for the cannabis equity program
Measures providing for new tax increment financing opportunities Façade improvement, business assistance, and support for neighborhood commercial areas, including but not limited to the area surrounding the BRT project Measures to improve the Opportunity Zone Program which could include a “state overlay” which includes greater equity provisions Career Technical Education programs in fields such as construction, information technology, manufacturing, healthcare, transportation/logistics, and other growing industry sectors Efforts to encourage the development and expansion of career technical education programs that align with Funding for job training, placement, retention, and related services aligned to the needs of Oakland residents
9 quality job opportunities in local manufacturing, light industrial, bioscience, and other priority industry sectors Support for small business grant programs and other support Support for asset development and financial empowerment programs, including financial education and credit repair, and additional items as they arise Support legislative efforts for workers protections Support efforts to provide financial support for catalyst projects Support efforts to address the digital divide (bolstered and demonstrated by COVID-19) Cannabis regulations/legislation/ support efforts to make it easier to pay the various state fees and reduce waste in packaging As adult-use cannabis regulations continue to evolve, ensure that the City’s innovative Equity Program is not pre-empted and lobby for legislative expansions as needed, as well as potential changes to the special events legislation the City sponsored in 2018.
Support efforts around the Medicare for All Act Support a statewide single payer system that would cover all California residents regardless of immigration status.
Support employment and workforce training opportunities to help ensure a healthy pipeline for businesses Support legislation relating to Online Sales Tax Distribution Formula reform Support ongoing efforts for Universal Basic Income Support efforts for cultural funding Support the inclusion of small businesses and individuals in the efforts of decriminalizing mushrooms and other hallucinogens Support changes to legislation that has been used in ADA lawsuits targeting small businesses.
Support opportunities to reform the process for probate court or look for opportunities to make enhancements to help protect families Oppose proposals that cut Supplemental Nutrition Assistance Program (SNAP) spending Oppose federal appropriations plans that would impose across-the-board budget cuts to the federal budget, thereby imposing cuts to vital safety net programs that help low-income working families, children, seniors, students, and people with disabilities
Infrastructure/Transportation Policy Priorities Funding Priorities
10 Support measures affecting funding for roads, transit, “last mile” projects, and goods movement Support efforts to secure funding for the offsite transportation and infrastructure improvements for the Waterfront Ball Park District at Howard Terminal Support for inclusion of affordable housing and transit-oriented development as a part of any increase in infrastructure funds or future federal infrastructure reform package Re-Connect Oakland – 980 conversion
Transit-oriented development projects in both residential and commercial areas Support efforts to help commuters and increase public transportation Safe Routes to School funding for additional school sites Advance or support legislation that increases funding for storm drain upgrades Increased traffic safety and sustainable transportation investments in multi-modal urban environments Support opportunities to increase funding for Safe Routes to School Funding for the Improvements to the Lincoln Square Recreation Center, second phase of the East Oakland Sports Complex, African American Museum and Library, Malonga Casquelourd Center, and other parks/facilities on the City’s approved CIP list Coordinate with AC Transit to monitor and support legislative efforts that would enhance transit reliability and access for Oaklanders Funding for the Historical Black Arts Movement District Support legislation that would remove time limit exception for disabled placards in green zones and efforts to pay for parking via mobile phones Advocate for allowing cities a greater degree of control over project selection and delivery with federal infrastructure funds Support legislative efforts to curb the abuse of disabled parking placards Funding for on street and off-street parking management strategies Support efforts to ensure that the region is getting as much support as possible and that funding programs within the federal transportation bill will support urban infrastructure projects, multi-modal projects, and projects in disadvantaged communities Increased investments in bridges
Support the Mobility Data Specification (MDS) standards developed by the City of Los Angeles in consultation with industry to outline what data transportation technology companies should share with cities for us to better manage the public right of way
Monitor legislation regarding abandoned vehicles and/or 72-hour towing policies Support legislation that creates a Bay Bridge Dedicated Bus Lane Support efforts to improve reliability, accessibility, affordability, ridership, and funding for public transportation, with a focus on transit systems that play a vital role for underserved Oaklanders.
Oppose efforts that create burdensome liability standards on micro mobility companies, such as AB 371 (Jones-Sawyer) introduced in 2021.
11 Monitor scooter-related legislation Support legislation relating to abandoned autos and ensuring upstream accountability of vehicle owners Environment, Energy and Sustainability Policy Priorities Funding Priorities Measures pertaining to clean energy and waste reduction Urban Forest inventory and urban greening Measures that provide new tools and potential revenue opportunities to address illegal dumping Funds to help address illegal dumping, littering, and graffiti Legislation to limit and/or ban the use of neonicotinoids. Clean energy funding Encourage efforts relating to state funding for park maintenance EDA brownfields cleanup for sites Measures that would support creating and sustaining of proactive “Healthy Homes” inspection programs and programs that reduce lead exposure Support efforts to create more funding for Community Choice Aggregation (CCA) programs Support measures that allow cities and counties to buy and/or generate electricity for residents and businesses within their areas and oppose legislation or regulation that seeks to limit the viability of “community choice” energy programs
Measures that support regional planning for a climate change strategy Efforts that advance single payer health care Reinvigorate SB 375 to enhance sustainable community efforts Some amendments to CEQA primarily focused on comprehensive vegetation management plans Support efforts to cut down on pollutants by requiring businesses that help with junk removal have a license Legislative restrictions/options to ban or restrict coal Support efforts to help address various regulations and efforts that impact storm drain runoff and firefighting efforts Support efforts to transition to green energy and upgrade infrastructure with a focus on PGE and its ownership Youth Policy Priorities Funding Priorities Measures that support employment and career development opportunities for youth, including workforce development and entrepreneurship programs Youth workforce and entrepreneurship, e.g., Classroom2Careers, Mayors Summer Jobs Program, and other similar efforts to provide work experience and income Oppose cuts to Child Nutrition Programs such as the Community Eligibility Provision (CEP) that allow schools and districts with a high concentration of poverty to serve universally free meals Support for children of incarcerated parents
Measures that support trauma intervention and advancement of trauma-informed care, holistic strategies that support vulnerable children and families Trauma-informed care and efforts to address childhood trauma from violence and other adverse impacts
12 with economic security, health care and wrap-around services Support legislative efforts to create more housing for commercially and sexually exploited children (CSEC) and eliminate restrictions on funding (e.g., no caps on lengths of stay) Reduction of lead exposure and increased lead level testing for children Support legislative efforts to support homeless children gain access to Head Start and other related programs as they are currently penalized for not having a physical address
Support legislative effort to enhance prevention education for CSEC (e.g., recognizing signs of trafficking) Support legislative efforts of decriminalizing young women and men involved in human trafficking Public Safety Policy Priorities Funding Priorities Support disaster preparedness efforts such as wildfires and seismic safety Re-entry and anti-recidivism programs to support rehabilitation of ex-offenders (Proposition 47 funds) Measures that reduce and more strictly control access to guns, ammunition, and gun devices that alter the performance of a weapon Support for the Wildfire Assessment District and other urban forestry efforts Support access to high quality re-entry and rehabilitation programs in all state and federal prisons Ongoing support for the Cease Fire program, MACRO, and other violence prevention services Measures that provide support to victims of trafficking for sex or labor. Expansion of the crime lab and other needed public safety facilities (e.g., new Police Administration Building, driving training facility) Policies for body camera usage and data storage Support funding and other opportunities to address domestic violence Criminal justice reform such as allowing parolees to vote Support funding opportunities for traffic enforcement efforts Support automated speed enforcement legislation and to seek alternatives to sworn traffic/parking enforcement Support funding opportunities for violence reduction that involve stipends and economic incentives Support efforts to stop ghost guns or to push to have serial numbers on each manufacturing packet Work towards funding to address backlog of bullet tracing Support additional efforts to help prevent violence such as mental health services, supporting street outreach teams, focusing on others before they are at risk Secure funding for the creation of a new fire station #4 and to repurpose its current use for other city-related services Support efforts that reimagine public safety and incorporate community-based organizations to help address problems Support funding opportunities for home ownership programs for law enforcement to live in the city they serve Support legislation in line with the efforts related to the Wildfire Prevention JPA Support legislation that creates a long-term fix to Wildfire Insurance Protection Support legislative efforts to provide tools to cities and law enforcement relating to side show reductions
13 Support efforts to enhance gun charges from violent offenders Support efforts to address human trafficking and the commercial sexual exploitation of children Support efforts to address sideshows and illegal street racing Support efforts to increase peace officer accountability and provide a means of decertifying police officers who engage in serious misconduct Miscellaneous Support Constitutional modifications which would impact local governments, such as lowering the voter threshold to 55% for various bond issuances and local taxes
Support measures that are of importance to our regional partners and lend opportunities to work together. Regional partners include, but are not limited to, the Oakland Unified School District, Port of Oakland, Alameda County, Metropolitan Transportation Commission, Oakland’s transit agencies, other California cities, and other like-minded groups
One Time State and Federal Funding Priorities for “Member Request” Consideration As we have seen at both the Federal and State level, new initiatives and various funding opportunities have taken form over the last year. As an example, there is the possibility of an increase in federal infrastructure grants being available in 2022 should Congress pass the two pending infrastructure bills. This also includes both legislative provisions that direct approved funds to be spent on specific projects, sometimes referred to as “Member Requests” or “Congressionally Directed Spending”, along with competitive grant applications. As it relates to the competitive grant applications, TPA will immediately notify the city of funding opportunities as they arise. As it relates to state and federal “Member Requests”/“Congressionally Directed Spending”, our recommended strategy is for the adopted Legislative Platform to include a handful of funding buckets that capture various project themes. This provides the City with the highest amount of flexibility as it is important to not only reflect the priorities of the state and federal lawmakers who sponsor these requests, but also to ensure that the City’s projects fit the eligibility requirements of the various state and federal funding sources. These buckets include: • Affordable Housing/Homelessness which could include funding for gap funding for affordable housing projects on the New Construction Pipeline list, funding for the City’s Acquisition and Conversion to Affordable Housing (ACAH) Program, teacher housing/workforce housing, mental health services, encampment management, and other related items. • Reimaging Public Safety which could include funding for violence prevention efforts and ambassadors, wildfire prevention and other urban forestry efforts, tracing of ghost guns, mental health
14 support based on equity, resource allocation for the formally incarcerated for successfully transitioning home, and other related items. • Infrastructure Improvements which could include funding for enhancements to the Howard Terminal project area, the Coliseum project area, the replacement and repurposing of Fire Station #4, active transportation enhancements, broadband funding to help address the digital divide, Oak Knoll freeway exit/on ramp improvements, and other related items. • Economic Development which could include funding for small business support, job training programs, career technical training, expansion of guaranteed income and other related efforts. • Climate Resiliency which could include funding for urban forestry interface, cooling centers, HVAC upgrades, and other related items.
15 Summary of 2021 State Legislative Highlights TPA worked with the elected City leadership and Administration to develop, advocate, and secure several major City initiatives through various means including legislation, working in partnership with our elected leaders in Sacramento, and other efforts. The TPA/City team worked together to secure $331,905,020 in direct funding to the City and organizations that support City efforts. Please note the following state highlights below: • Partnering with the Mayor and her office to secure a multiyear direct State budget allocation to help address homelessness in the amount of over $24 million a year. This effort included working closely with Senate Budget Chair Nancy Skinner and her staff, Assembly Budget Chair Phil Ting and his staff, the Governor and his Administration, and the Big City Mayors to secure the largest homeless allocation ever. • Partnering with the City Council to support a direct State allocation for the MACRO project in the amount of $10 million. Senate Budget Chair Nancy Skinner helped champion this direct allocation to address mental health and public safety efforts. • Partnering with the Mayor, the Port of Oakland, and the City Administration to secure a direct State allocation for Port related improvements in the amount of $280 million. This included working with the Mayor, the Port, the Chairs of the Bay Area Caucus, and others to help secure much needed funding to improve truck routes and rail corridors near the Port to minimize both long-existing and potential future conflicts between trains, trucks, pedestrians, cyclists, and passenger cars, among other items outlined in the Downtown Specific Plan and Jack London District Plan • Leading the efforts to help secure a direct allocation to the City for a local jurisdiction assistance grant program for cannabis businesses to secure permits in the amount of $9,905,020 million. This effort included working closely with the City Administration, both Budget Chairs and staff, various legislators, the Governor’s Administration, and others to help push this proposal which is another direct allocation to the City. • Supporting the efforts of the City Council to secure a direct State allocation to the City for the California Entrepreneurship Capital in the Community Initiative in the amount of $8 million. • Helping push for an increased budget allocation for the California Violence Intervention and Prevention (CalVIP) Grant Program in the amount of $210 million. This effort included working with the Mayor, her office, Assembly Member Wicks, and service providers to help push for greater funding into the budget. • Serving as an active member of the coalition to secure $50 million in the State budget for local communities to enhance the cultural arts. • Working with the Mayor to help push the Universal Basic Income Pilot program which secured $35 million in the state budget; and • The passage of multiple City supported legislative proposals into law. Summary of Legislative Efforts While the 2021 legislative session faced COVID related restrictions and limits on the number of bills moving into the second house, the City still took formal positions on a handful of bills. Governor Newsom acted on 836 bills that reached his desk this session, signing 770 and vetoing 66. Below is the list of bills the City (which includes the City Council or Mayor) took formal positions on: Bill (Sponsor) Description Position Status
16 Assembly Bill 14 (Aguiar Curry) Communications: California Advanced Services Fund: deaf and disabled telecommunications program: surcharges Support Signed into law Assembly Bill 15 (Chiu) COVID-19 relief: tenancy: Tenant Stabilization Act of 2021 Support This is a two-year bill, and the topic has been addressed. Assembly Bill 16 (Chiu) Tenancies: COVID-19 Tenant, Small Landlord, and Affordable Housing Provider Stabilization Act of 2021 Support This is a two-year bill Assembly Bill 17 (Cooper) Peace officers: disqualification from employment. Support This is a two-year bill, and the topic has been addressed. Assembly Bill 26 (Holden) Peace officers: use of force. Support Signed into law Assembly Bill 34 (Muratsuchi) Broadband for All Act of 2022 Support This is a two-year bill, and the topic has been addressed. Assembly Bill 43 (Friedman) Traffic safety Support Signed into law Assembly Bill 48 (Gonzales) Law enforcement: use of force. Support Signed into law Assembly Bill 50 (Boerner-Horvath) Support This is a two-year bill Assembly Bill 59 (Gabriel Mitigation Fee Act: fees: notice and timelines Support This is a two-year bill Assembly Bill 65 (Low) California Universal Basic Income Program: Personal Income Tax Support This is a two-year bill Assembly Bill 71 (Rivas) Homelessness funding: Bring California Home Act. Support This is a two-year bill Assembly Bill 118 (Kamlager) Department of Social Services: C.R.I.S.E.S. Grant Pilot Program Support This is a two-year bill Assembly Bill 437 (Kalra) Teacher credentialing: subject matter competence. Support This is a two-year bill Assembly Bill 455 (Bonta/Wicks) San Francisco-Oakland Bay Bridge: transit-only traffic lanes. Support This is a two-year bill Assembly Bill 520 (Gipson) Teacher retention: California Diversifying the Teacher Workforce Grant Program Support This is a two-year bill Assembly Bill 528 (Wicks) Property taxation: tax-defaulted property: sales to nonprofits. Support This is a two-year bill Assembly Bill 550 (Chiu) Vehicles: Speed Safety System Pilot Program. Support This is a two-year bill
17 Assembly Bill 988 (Bauer-Kahan) Mental health: 988 crisis hotline Support This is a two-year bill, but funding approved in the Budget Assembly Bill 1188 (Wicks) State rental assistance program: data. Support This is a two-year bill Assembly Bill 1338 (Low) Public social services programs: financial assistance demonstration and research programs. Support This is a two-year bill Assembly Bill 1400 (Kalra) Guaranteed Health Care for All Support This is a two-year bill Assembly Bill 1500 (Garcia) Safe Drinking Water, Wildfire Prevention, Drought Preparation, Flood Protection, Extreme Heat Mitigation, and Workforce Development Bond Act of 2022 Support This is a two-year bill
ACA 1 (Aguiar-Curry) Local government financing: affordable housing and public infrastructure: voter approval Support This is a two-year bill Senate Bill 2 (Bradford) Peace officers: certification: civil rights Support Signed into law Senate Bill 5 (Atkins) Affordable Housing Bond Act of 2022 Support This is a two-year bill Senate Bill 8 (Skinner) Housing Crisis Act of 2019 Support Signed into law Senate Bill 9 (Atkins) Housing development: approvals Support Signed into law Senate Bill 10 (Wiener) Planning and zoning: housing development: density Support Signed into law Senate Bill 16 (Skinner) Peace officers: release of records Support Signed into law Senate Bill 57 (Wiener) Controlled substances: overdose prevention program Support This is a two-year bill Senate Bill 257 (Skinner) Property taxation: welfare exemption: museums. Support This is a two-year bill Senate Bill 519 (Wiener) Controlled substances: decriminalization of certain hallucinogenic substances. Support This is a two-year bill Senate Bill 314 (Wiener) Alcoholic beverages Support Signed into law Senate Bill 591 (Becker) Intergenerational Housing Support Signed into law Additional Highlights Broadband Another budget related item that TPA and the City worked on and continue to engage on at the Regulatory level is funding for Broadband. TPA worked closely with the Mayor’s office and the Oakland Undivided Coalition to advocate for the passage of several major broadband and
18 internet-connectivity-related funding bills, including SB 4 (Gonzalez), AB 14 (Aguiar-Curry), and SB 156 (The Broadband Budget Trailer Bills) which will allocate $3.25 Billion for state-owned open-access middle mile broadband infrastructure which will run through not just rural, but also urban areas. SB 156 also includes $2 Billion for local last-mile connectivity projects. Throughout the State Budget process and Legislative Session, TPA and the City were intimately involved in conversations with the Governor’s Administration, including his Deputy Secretaries for Legislation, as well Legislative Staff and Budget Committees to make sure that these three major broadband-related bills included urban-equity components and would ensure that urban jurisdictions such as Oakland would be eligible for broadband funding. Now that the funds in SB 156 have been allocated, TPA and Oakland are actively engaging with the CPUC and other stakeholders to ensure that the open-access middle-mile map is drawn and implemented in an equitable fashion which will benefit the most vulnerable communities and individuals in Oakland. In addition to middle-mile broadband engagement on the CPUC level, TPA and Oakland have begun engaging with the Commission on last-mile project eligibility, feasibility, and other like-items Education Another item that TPA and the City worked collaboratively on was funding for the Teacher’s Rooted in Oakland (TRiO) Program and overall funding for Teacher Resident stipends. TPA worked closely with the Mayor, Chief of Staff, Deputy Chief of Staff, Director of Education, Deputy Director of Education to quantity programmatic funding needs for teacher residency programs, such as TRiO. The team was able to secure former Assembymember Rob Bonta as a Legislative Budget Champion, and when appointed to California Attorney General, worked with Assemblymember Buffy Wicks to carry, and champion the request. TPA and the Oakland team were able to partner with the City of San Diego to mobilize various stakeholders to support the budget request. Supporters included various elected officials, school board members, NPO and CBO leaders, educational associations, and labor groups. Through persistent advocacy, including several ongoing meetings with the Governor’s Administration, Assembly and Senate Budget Committees, and other Legislators – Oakland and TPA, with Assemblymember Wicks’ leadership in the Assembly and Senator Nancy Skinner’s leadership as Senate Budget Chair, were able to help secure $250 million in new funding for Teacher Residency programs, which will greatly benefit participants in the Teacher’s Rooted in Oakland Program. With this funding, Oakland and other cities will be able to tackle multiple problems such as deeply entrenched housing issues, educational inequity, and chronic stress for both students and educators who are managing trauma. Police reform Another top priority for the City was to identify and help support legislative proposals relating to police and public safety reform. There were multiple pieces of legislation this session and the City/TPA team was very active. TPA worked closely with the Mayor, her office, the City Council, and others to support the various bills. Our efforts included, but were not limited to, providing ongoing updates, testifying in committee, drafting support letters, working with legislative offices to express Oakland’s positions and demonstrate the necessity for some of the bills, and expressing our support to the Governor’s office. Summary of 2021 Federal Highlights
19 Earlier this year Townsend Public Affairs (TPA) worked with the City to identify competitive projects for consideration by the City’s federal elected leaders. TPA then developed and submitted earmark applications on the City’s behalf. Following the release of the remaining Senate appropriations bills on October 18, 2021, Oakland has $6,664,000 in pending earmarks. $3,730,000 are included in House of Representatives FY22 appropriations and infrastructure bills. $2,934,000 have been included in Senate FY22 appropriations bills. These bills are currently making their way through the legislative process. U.S. House of Representatives Earmarks This chart lists the earmarks for the City of Oakland included in the House bills as of the date of this memo. House Bill Project Funding Status Labor-HHS Appropriations Mental Health Resilience Project $1,230,000 Passed the House of Representatives as part of H.R. 4502 in July. In negotiations with the Senate for inclusion in end-of-year spending bill.
Surface Transportation Reauthorization 7th Street Bike/Pedestrian Improvements $2,500,000 Passed the House as part of HR 3684, the INVEST in America Act in July. Earmarks were removed from the bill by the Senate. The House is now seeking to include this earmark as part of the Build Back Better budget reconciliation bill (Sec. 110008). The House of Representatives has passed nine of their twelve appropriations bills and has begun negotiations with the Senate on an end-of-year spending bill. The current deadline to reach an agreement is December 3, but it is possible Congress will need to enact a short-term extension of government funding to provide more time to finalize an agreement. Senate Appropriations Committee Chairman Patrick Leahy (D-VT) said in an August interview that he expected House-passed earmarks to be maintained by the Senate. The Chairman said that only funding cuts would lead to their removal from the final deal. This is a promising statement for Oakland’s Mental Health Resilience Project, but continued advocacy will be important to make sure funding cuts do not hurt the earmark’s chances of inclusion in the final deal. Negotiations on budget reconciliation, which may carry Oakland’s $2.5 million earmark for 7th Street improvements are ongoing. Congressional Democrats are working to decrease the topline funding amount of the bill from $3.5 trillion to somewhere in the range of $1.75 trillion - $2 trillion. Many difficult decisions are being made this week as they pare down the bill. It is possible and even likely that the $6 billion allocated for transportation earmarks, including Oakland’s, get removed from the bill. U.S. Senate Earmarks
20 This chart lists the earmarks for the City of Oakland included in the Senate appropriations bills as of the date of this memo. Senate Bill Senator Project Funding Commerce, Justice, Science Appropriations Diane Feinstein Violence Prevention Project $200,000 LHHS Appropriations Alex Padilla MACRO Mental Health $734,000 THUD Appropriations Alex Padilla 7th Street Bike/Pedestrian Improvements/Howard Terminal Infrastructure $2,000,000 THUD: Transportation, Housing and Urban Development, and Related Agencies Subcommittee LHHS: Labor, Health and Human Services, Education, and Related Agencies Subcommittee On October 18, 2021, Senate Appropriations Democrats released their versions of the remaining nine Senate appropriations bills. These bills reflected funding levels established by the Democratic budget resolution and not a bipartisan agreement with Senate Republicans. Appropriations bills are subject to the filibuster and require a 60-vote threshold for passage. Because of this lack of agreement in the Senate we expect additional delays in the negotiating process. Although government funding expires on December 3, many senators are pessimistic about meeting this deadline. Oakland’s earmarks will only become law if a final appropriations deal is reached, approved by both chambers of Congress, and singed by the President. The soonest this could happen is December 3, but it is more likely to be later in December, or potentially even into the first quarter of 2022. TPA will continue to update you on the status of these earmarks throughout the process. Process for Reporting In addition to weekly legislative updates to City staff, Finance Committee reports, and other communications we send the City, TPA suggests verbal reports to the Rules Committee and then City Council when the State Legislature is on recess. For example, we would report out in April while the Legislature is on Spring Recess and during July while the Legislature is on Summer Recess.
Approved as to Form and Legality
City Attorney’s Office
OAKLAND CITY COUNCIL
RESOLUTION NO. ___________ C.M.S.
RESOLUTION AWARDING TWO CONTRACTS TO TOWNSEND
PUBLIC AFFAIRS TO SERVE AS THE CITY OF OAKLAND STATE
LOBBYIST AND PROVIDE GRANT SUPPORT FROM OCTOBER 1, 2022 TO SEPTEMBER 30, 2024 FOR A TOTAL AMOUNT NOT TO EXCEED
$420,000 AND TO SERVE AS THE CITY OF OAKLAND F EDERAL
LOBBYIST AND PROVIDE GRANT SUPPORT FROM OCTOBER 1, 2022 TO SEPTEMBER 30, 2024 FOR AN AMOUNT NOT EXCEED $ 252,000
AND AUTHORIZING THE CITY ADMINSTRATOR, WITHOUT
FURTHER COUNCIL ACTION, TO EXERCISE AN OPTION TO RENEW
EACH CONTRACT FOR A THIRD YEAR UNDER THE SAME TERMS
AND CONDITIONS FOR AN AMOUNT NOT TO EXCEED $210,000 FOR
THE THIRD YEAR OF THE STATE LOBBYIST CONTR ACT AND
$126,000 FOR THE THIRD YEAR OF THE FEDERAL LOBBYIST
CONTRACT AND AUTHORIZING THE CITY ADMINISTRATOR TO
WAIVE THE CITY'S LOCAL BUSINESS/SMALL LOCAL BUSINESS
PROGRAM PARTICIPATION REQUIREMENTS
WHEREAS, the City of Oakland desires to complement its state advocacy efforts in the California State Legislature and with the Governor and its federal legislative advocacy efforts in the United States Congress and Executive Branch; and
WHEREAS, the City desires to assemble and organize pertinent information, facts and data relating to legislative matters affecting the City and its interests and to present and disseminate such information to legislative bodies, executive officials of the state and federal government and other bodies, commissions, committees and organizations; and WHEREAS, the services above primarily involve state and federal legislative and administrative advocacy and the assistance of individuals in such matters who will best serve the interests of the City; and
WHEREAS, Townsend Public Affairs was retained to provide state legislative lobbyist services in 2006 and federal legislative lobbying services in 2011; and WHEREAS, Townsend Public Affairs has worked closely with City leadership to secure passage of numerous pieces of Oakland sponsored legislation covering topics such as public
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safety, environmental protections, support for local government, seismic safety and transportation; and
WHEREAS, Townsend Public Affairs has during its tenure as the City’s lobbying firm, worked with City leadership to apply for, secure or protect hundreds of millions dollars in State and Federal funds for public, transportation projects, parks; and affordable housing projects, in addition to recovering essential funds resulting from the dissolution of redevelopment agencies; and
WHEREAS, Townsend Public Affairs has taken the lead with the City to draft, prepare, present and adopt an annual state and federal legislative agenda which includes both policy matters and assistance in identifying or creating new revenue sources for City objectives and projects; and
WHEREAS, Townsend Public Affairs has demonstrated a high level of skill at working with City officials and City Leadership, sensitivity to the legislative and funding needs of the City, the ability to target and successfully address significant issues pending in the state and federal government for City involvement; and
WHEREAS, Townsend Public Affairs has been providing grant support services through a contract with the City Administrator’s Office from June 2021 to June 2022; and
WHEREAS, in March 2021, the City released separate Requests for Proposals for state and federal lobbying services and grant support; and
WHEREAS, by the submittal deadline on April 13, 2021, the City received one response for the state lobbyist RFP and one response for the federal lobbyist RFP; and
WHEREAS, Townsend Public Affairs submitted a responsive proposal, meeting all the requirements for the RFPs for the State Lobbyist/grant support and the Federal Lobbyist/grant support; and
WHEREAS, Townsend Public Affairs has operated an office in Oakland since 2007 and was previously certified as a Local Business Enterprise (LBE) from 2007 through 2022, under current regulations it does not qualify as a LBE as its headquarters are not in Oakland;
WHEREAS, Townsend Public Affairs will subcontract 25% of the work to 360 Total Concepts, who is a certified Small Local Business Enterprise (SLBE); and
WHEREAS, Townsend Public Affairs has deep knowledge of City of Oakland operations, projects and priorities and the City Administrator recommends that the City Council waive the 50% L/SLBE requirement for this contract;
WHEREAS, the funding for these contracts is available from General Purpose Fund (1010), NonDepartmental Citywide Activities Organization (90591), Miscellaneous Contract Services Account (54919), Federal Lobbyist Project (1000468) and State Lobbyist Project (100467), and Finance and Management Administration (08111), DP080 Administrative Project (1000007); and
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WHEREAS, staff recommends that the State lobbyist contract be awarded for the term of October 1, 2022 to September 30, 2024 for an amount not to exceed $420,000 and the Federal lobbyist contract be awarded from October 1, 2022 to September 30, 2024 for an amount not to exceed $252,000; and
WHEREAS, the City Administrator has determined that the aforementioned contracts are of a professional and temporary nature and shall not result in the loss of employment or salary by any person having permanent status in the competitive service, now therefore be it
RESOLVED: That the Council hereby awards a contract to Townsend Public Affairs To Serve As the City of Oakland State Lobbyist From October 1, 2022 to September 30, 2024 For A Total Amount Not To Exceed $420,000; and be it
FURTHER RESOLVED: That the Council hereby awards a contract to Townsend Public Affairs to serve as the City of Oakland Federal Lobbyist from October 1, 2022 to September 30, 2024 for a total amount not to exceed $252,000; and be it
FURTHER RESOLVED: That the City Administrator shall have the option to renew each of the aforementioned contracts for a period of one additional year from October 1, 2024 to September 30, 2025 under the same terms and conditions for an amount not to exceed $210,000 for the third year of the state lobbyist contract and $126,000 for the third year of the federal lobbyist contract; and be it
FURTHER RESOLVED: That said agreements shall be approved as to form and legality by the Office of the City Attorney, executed and placed on file at the Office of the City Clerk.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - FIFE, GALLO, KALB, KAPLAN, REID, TAYLOR, THAO AND
PRESIDENT FORTUNATO BAS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California