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Item 10 - Agreement with Bob Wilson for Lobby Svs - - AGENDA PORT SUMMARY TO: Honorable Mayor and Members of the City Council and - Honorable Chairman and Members of the Redevelopment Agency FROM: James L, Bowersox, City Manager/Executive Di~ DATE: June 15, 1993 SUBJECT: An Agreement with Bob Wilson for Lobby Services on Behalf of the City of Poway ABSTRACT The City of Poway and the Poway Redevelopment Agency are in need of lobbying assistance. This report proposes to hire the Law Offices of Bob Wilson for that purpose. ENVIRONMENTAL REVIEW This report is not subject to CEQA review. FISCAL IMPACT The approval of this agreement will require that the Fiscal Year 1993-94 budgets of the City of Poway and Poway Redevelopment Agency provide $15,000 each for lobbyist services. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE None. RECOMMENDATION It is recommended that the City Council/Redevelopment Agency approve the agreement, subject to minor nonsubstantive amendments by the City Attorney, with the Law Offices of Bob Wilson. ACTION ,. II 1 of 28 JUN 1 5 1993 ITEM 10,/ ~. ~~ -.----- ~ AGENDA REPOR~ CITY OF POW A Y TO: Honorable Mayor and Members of the City Council and Honorable Chairman and Members of the Redevelopment Agency FROM: James L. Bowersox, City Manager/Executive Director DATE: June 15, 1993 SUBJECT: An Agreement with Bob Wilson for Lobby Services on Behalf of the City of Poway BACKGROUND In February 1993, Assemblyman Jan Goldsmith introduced AB 764 that was intended to amend Government Code Section 65583 which provides that cities must include within their General Plans sites to meet affordable housing mandates. At this time, the State Department of Housing and Community Development defines available sites as those that meet zoning density definitions, which they arbitrarily establish for application statewide. Sites for moderate income housing are to be zoned at 8 units per acre, with those for low and very low income to be at 18 and 25 units respectively. In 1992, the City of Poway sought to have the provisions of Government Code Section 65583 amended through the introduction of AS 2707 Hunter. Thi s bill, while passed by the Legislature and enacted into law, was significantly amended through the hearing process as to render it virtually useless. AB 764 (Attachment A) not only incorporates many of the same provisions of AS 2707 but also would permit identification of sites in other jurisdictions with a commitment of assistance and adoption of a cooperative agreement. As staff followed AB 2707 through the legislature, it became apparent that the main opposition for such legislation would come from the California Association of Realtors and California Rural Legal Assistance who had drafted the original language included with GC 65583. On June 1, 1993, AB 764 cleared the Assembly with the acknowledgement of Assemblyman Goldsmith that amendments would be considered in the Senate. ACTION: 2 of 28 - Agenda Report June 15, 1993 Page 2 - Inasmuch as the enactment of AB 764 would be of benefit to the City of Poway, it is imperative that a lobbyist be employed who can help move the bill through the Senate with little or no amendment. FINDINGS In January 1993, staff requested proposals for lobbying services from a number of qualified firms. After careful review of these proposals, that of Bob Wilson seemed to be the best match for Poway (Attachment B). On June 10, 1993, Mayor Don Higginson and City Manager James Bowersox interviewed Mr. Wilson in Sacramento with respect to his provisions of lobbying services to the City. Following the interview, both the Mayor and City Manager were in concurrence that Mr. Wilson would provide excellent service to the City of Poway. Other local clients of Bob Wilson include the cities of La Mesa, El Cajon, and Santee, SANDAG, and Sea World. During the discussion with Bob Wilson, it became apparent that in addition to the work needed to ensure enactment of AB 764 and other legislation, his services would also be useful in dealing with administrative agencies such as CalTrans and the Department of Fish and Game. It is proposed that the City and Redevelopment Agency enter into a one year agreement (Agreement C) in the amount of $30,000 which would provide for a variety of services in addition to lobbying, including reviewing legislation, providing copies of bills, representing the City at hearings, and preparation of monthly reports. The agreement also provides a 30-day cancellation clause. ENVIRONMENTAL REVIEW This report is not subject to CEQA review. FISCAL IMPACT The approval of this agreement will require that the Fiscal Year 1993-94 budgets of the City of Poway and Poway Redevelopment Agency provide $15,000 each for lobbying services. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE None. RECOMMENDATION It is recommended that the City Council/Redevelopment Agency approve the agreement, subject to minor nonsubstantive amendments by the City Attorney, with the Law Offices of Bob Wilson. Attachments: Attachment A - AB 764 Attachment B - Proposal by Bob Wilson Attachment C - Agreement 3 of 28 JUN 1 5 1993 ITEM 1O'i ---~----- - --- ------------- ----------- - - ------------- ------ -- ---------- Amended - AMENDED IN ASSEMBLY MAY 5, 1993 , AMENDED IN ASSEMBLY APRIL 13, 1993 ASSEMBLY BILL No. 764 ______z====a_______====____=______===============____============________===_== Introduced by Assembly Members Goldsmith and Costa February 24, 1993 -----======-============--------========================-====================== , An act to amend Section 65583 of the Government Code, relating to 1 and use. LEGISLATIVE COUNSEL'S DIGEST . AS 764, as amended, Goldsmith. Land use: general plans. [A> (1) <A] Existing law requires each city, county, or city and county to prepare and adopt a general plan for its jurisdiction that includes certain mandatory elements, including a housing element. Existing law requires the housing element to include, among other things, a program setting forth a 5-year schedule of actions the local government is undertaking to implement the policies of, and achieve the goals and objectives of, the housing element, including the provision of adequate sites to meet the housing needs of all economic segments of the community. In the event that adequate sites to accommodate the needs of all household income levels are not identified by the city, county, or city and county, existing law requires the housing program of the . affected local government to provide for adequate sites to meet these .-" housing needs pursuant to specified zoning procedures. This bill would authorize an affected local government to provide for adequate sites'to meet the housing needs of all economic segments of the community by identifying sites within its jurisdiction that will provide adequate levels of affordable housing due to committed assistance from the local governments, as specified, [A> by identifying sites that are vacant or in need of substantial rehabilitation, as defined, <A] or by identifying sites outside its jurisdiction that shall be used for affordable housing pursuant to an agreement entered into between or among the affected local government entities. [A> The bill would require that the sites identified outside the jurisdiction be in addition to any sites previously identified in the housing element. The bill would also limit identification of sites to be converted from nonaffordable to affordable housing due to committed assistance from the local government to 25% of identified sites. <A] This bill would impose a state-mandated local program by requiring local governments to make specified findings [A> and determinations <A] 4 of 28 ATTACHMENT A JUN 1 5 1993 ITEM lO\~ .- - with respect to any sites identified in accordance with the bill [A> and - by requiring that these findings and determinations be supported by substantial evidence <A] . The bill would also require the Department of Housing and Community Development to review the local governments' findings, as specified. [A> (2) <A] The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates which do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that, if the Commission on State Mandates determines that this bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to those statutory procedures and, if the statewide cost does not exceed $1,000,000, shall , be made from the State Mandates Claims Fund. Vote: majority. Appropriation: no. Fiscal committee: yes. i State-mandated local program: yes. The people of the State of California do enact as follows: SECTION 1. Section 65583 of the Government Code is amended to read: 65583. The housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing. The housing element shall identify adequate sites for housing, including rental housing, factory-built housing, and mobilehomes, and shall make adequate provision for the existing and projected needs of all economic segments of the community. The element shall contain all ~f the fo 11 owi"g: (a) An assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. The assessment and inventory shall include the following: (1) An analysis of population and employment trends and documentation of projections and a quantification of the locality's existing and projected housing needs for all income levels. These existing and projected needs shall include the locality's share of the regional housing need in accordance with Section 65584. (2) An analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition. (3) An inventory of land suitable for residential development, - pursuant to paragraph (1) of subdivision (c), including vacant sites and sites having potential for redevelopment, and an analysis of the relationship of zoning and public facilities and services to these 5 of 28 JllN 1 5 \993 nEM lOr'-{ ------- sites. (4) An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including land use controls, building'codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Section 65584. (5) An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, and the cost of construction. (5) An analysis of any special housing needs, such as those of the , handicapped, elderly, large families, farmworkers, families with female heads of households, and families and persons in need of emergency she lter. ; ; (7) An analysis of opportunities for energy conservation with respect to residential development. (8) An analysis of existing assisted housing developments that are eligible to change from low-income housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use. "Assisted housing developments," for the purpose of this section, shall mean multifamily rental housing that receives governmental assistance under federal programs listed in subdivision (a) of Section 65863.10, state and local multifamily revenue bond programs, local redevelopment programs, the federal Community Development Block Grant Program, or local in-lieu fees. "Assisted housing developments" shall also include multifamily rental units that _,: were developed pursuant to a local inclusionary housing program or used to qualify for a density bonus pursuant to Section 65916. (A) The analysis shall include a listing of each development by project name and address, the type of governmental assistance received, the earliest possible date of change from low-income use and the total number of elderly and nonelderly units that could be lost from the locality's low-income housing stock in each year during the 10-year period. For purposes of state and federally funded projects, the analysis required by this subparagraph need only contain information available on a statewide basis. (B) The analysis shall estimate the total cost of producing new rental housing that is comparable in size and rent levels, to replace the units that could change from low-income use, and an estimated cost of preserving the assisted housing developments. This cost analysis for replacement housing may be done aggregately for each five-year period and does not have to contain a project by project cost estimate. (C) The analysis shall identify public and private nonprofit 5 of 28 JUN 1 5 1993 aTEM 1O'i - - corporations known to the local government which have legal and - managerial capacity to acquire and manage these housing developments. (D) The analysis shall identify and consider the use of all federal~ state, and local financing and subsidy programs which can be used to preserve, for lower income households, the assisted housing developments, identified in this paragraph, including, but not limited to, federal Community Development Block Grant Program funds, tax increment funds received by a redevelopment agency of the community, and administrative fees received by a housing authority operating within the community. In considering the use of these financing and subsidy programs, the analysis shall identify the amounts of funds under each available program which have not been legally obligated for other purposes and which could be available for use in preserving assisted housing developments. (b) (1) A statement of the community's goals; quantified objectives, ~ and policies relative to the maintenance, preservation, improvement, and development of housing. (2) It is recognized that the total housing needs identified . pursuant to subdivision (a) may exceed available resources and the community's ability to satisfy this need within the content of the general plan requirements outlined in Article 5 (commencing with Section 65300), Under these circumstances, the quantified objectives need not be identical to the total housing needs. The quantified objectives shall establish the maximum number of housing units by income category that can be constructed, rehabilitated, and conserved over a five-year time period. (c) A program which sets forth a five-year schedule of actions the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the.housing element through the administration of land use and development controls, ; provision of regulatory concessions and incentives, and the utilization of appropriate federal and state financing and subsidy programs when available and the utilization of moneys in a Low and Moderate Income Housing Fund of an agency if the locality has established a redevelopment project area pursuant to the Community Redevelopment Law (Division 24 (commencing with Section 33000) of the Health and Safety Code). In order to make adequate provision for the housing needs of all economic segments of the community, the program shall do all of the foll owi ng: (1) (A) Identify adequate sites which will be made available through appropriate zoning and development standards and with public services and facilities needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, emergency shelters, and transitional housing in order to meet the community's housing goals as identified in subdivision (b). .- (B) [0> Sites may be identified <0] [A> To meet its requirement to identify adequate sites, a locality may also identify a site or sites <A] 7 of 28 J\.lN t 5 1993 , , l:M lO,y ---- -------- ------ ------------------ ---- - within one or more of the following categories: (i) Sites located within the jurisdiction of the local government, without [0> current appropriated zoning <0] [A> appropriate zoning or development standards <A] , that shall provide a level of affordable housing for very low and low income households adequate to meet a share of the local government's regional housing needs due to committed assistance from the local government. (ii) Sites located within the jurisdiction of the local government that shall be converted from nonaffordable to affordable housing [0> adequate to meet a share of its regional housing need <0] [A> , <A] due to committed assistance from the local government [0> , if the units are not <0] [A> , No existing housing units identified pursuant to this subparagraph may be <A] occupied by very low and low income households [0> and are either vacant or in need of substantial rehabilitation, provided there is not double-counting of sites and thereby reduction of , the region's overall share of housing need. <0] [0> (iii) <0] [A> or have a resale value greater than 120 percent of , the area median housing cost. No jurisdiction may identify more than 25 . percent of its identified sites pursuant to this paragraph. <A] [A> (iii) Sites located within the jurisdiction of the local government, that are either vacant or in need of substantial rehabilitation, and that shall be rehabilitated due to committed assistance from the local government, "Substantial rehabilitation" shall mean units that are determined to be unfit for human habitation by a city or county building official, or units that require at least 50 percent of their improvement value to correct substandard conditions. <A] [A> (iv) <A] Sites located outside the jurisdiction of the local government that shall be used for affordable housing pursuant to an agreement entered into between or among the affected local government : entities, if this article provides procedures for identifying these .' sites and the identification of these sites is consistent with those procedures. [A> These sites shall be in addition to any sites a local government has previously identified in its housing element. Construction, as defined in this article,:shall be complete prior to the end of the five-year housing element cycle. The transfer agreement shall include the number of units, if any, each local government may include in its housing element to reflect its contribution to the housing development. <A] [A> (v) <A] For purposes of this subparagraph, "committed assistance" means that the local government has entered into a [0> valid contract or otherwise encumbered funds <0] [A> development agreement or otherwise allocated funds pursuant to an adopted resolution by the local government <A] for the purpose of providing the required affordable housing within the five-year schedule pursuant to this subdivision. (C) All affected local governments identifying sites pursuant to clauses (i), (ii), [0> and (iii) <0] [A> (iii), and (iv) <A] of subparagraph (B) [D> shall make a finding that: <0] [A> shall, at the 8 of 28 JUN 1 5 1993 ITEM 1Of. - - time of the adoption or amendment to the housing element, make a finding, based on substantial evidence, that: <A] (i) The site is part of a viable housing development [0> in which <0] [A> where there is a developer agreement, <A] the developer has site control, adequate zoning for the proposed project, and sufficient infrastructure capacity to complete the project. (ii) That the amount of assistance provided by the local government [0> for each unit is reasonable <0] [A> is not excessive compared to the average cost per unit of constructing, rehabilitating, or conserving comparable units elsewhere in the jurisdiction <A] . (iii) That very low and low-income units will be assisted for a specified period of years beyond initial occupancy. (iv) That the units will be constructed or assisted within [0> the ~ five-year schedule pursuant to this subdivision <D) [A> three years <A] . . (v) That any contract between affected local governments is a , mutually binding contract [A> that commits the parties to providing affordable housing within the timeframe established by this section <A] . (D) The department [D> shall determine whether <0] [A> , at the time of the review of the proposed housing element, shall determine whether, based on substantial evidence, <A] the sites identified pursuant to clauses (i), (ii), [0> and (iii) <0] [A> (iii), and (iv) <A] of subparagraph (B) are adequate. In reviewing the findings made by affected local governments, the department shall [0> find that <D] [A> make a determination that <A] the site or sites: (i) Are part of a variable housing development in which the . developer has site control, adequate zoning for the proposed development, and sufficient infrastructure capacity to complete the project. (ii) That the amount of assistance provided by the local government for each unit is reasonable. (iii) That very low and low-income units will be assisted for a specified period of years beyond initial occupancy. (iv) That the units will be constructed or assisted within the five-year schedule pursuan~ to this subdivision. (v) That any contract between affected local governments is a mutually binding contract [A> and that the housing element accurately reflects the number of units that may be accredited to the community <A] . (E) Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the 9 of 28 JUN 1 5 1993 ITEM 10 If , . ~ ---~------_._..._-_.- -------.----- - need for groups of all household income levels pursuant to Section 65584, the program shall provide for sufficient sites with zoning that permits owner-occupied and rental multifamily residential use by right, including density and development standards that could accommodate and facilitate the feasibility of housing for very low and low-income households. For purposes of this paragraph, "use by right" shall mean the use does not require a conditional use permit, except when the proposed project is a mixed-use project involving both commercial and residential uses. Use by right for all rental multifamily residential housing shall be provided in accordance with subdivision (f) of Section 65589.5. (2) Assist in the development of adequate housing to meet the needs of low- and moderate-income households. (3) Address and, where appropriate and legally possible, remove governmental constraints to the maintenance, improvement, and ~ development of housing. (4) Conserve and improve the condition of the existing affordable housing stock, which may include addressing ways to mitigate the loss of , dwelling units demolished by public or private action. (5) Promote housing opportunities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, or color. (6) (A) Preserve for lower income households the assisted housing developments identified pursuant to paragraph (8) of subdivision (a). The program for preservation of the assisted housing developments shall utilize, to the extent necessary, all available federal, state, and local financing and subsidy programs identified in paragraph (8) of subdivision (a), except where a community has other urgent needs for which alternative funding sources are not available. The program may . include strategies that involve local regulation and technical . assistance. (B) The program shall include an identification of the agencies and officials responsible for the implementation of the various actions and the means by which consistency will be achieved with other general plan elements and community goals. The local government shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the housing element, and the program shall describe this effort. (d) The analysis and program for preserving assisted housing developments required by the amendments to this section enacted by the Statutes of 1989 shall be adopted as an amendment to the housing element by July 1, 1992. (e) Failure of the department to review and report its findings pursuant to Section 65585 to the local government between July 1, 1992, and the next periodic review and revision required by Section 65588, concerning the housing element amendment required by the amendments to 10 of 28 J\JN 1 5 1993 ITEM lO,t.{- .... - - this section by the Statutes of 1989, shall not be used as a basis for '- allocation or denial of any housing assistance administered pursuant to Part 2 (commencing with Section 50400) of Division 31 of the Health and Safety Code. - _u .-- . SEC. 2. Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund. Notwithstanding Section 17580 of the Government Code, unless otherwise specified in this act, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution. ~ , . , . 11 of 28 JUN 1 5 1993 ITEM 10,~ ---------------- -- -- - - - ---- --- ,','. , ., .'1 v LAW OFFICES OF BOB WILSON - CIVIl. unOATION - GOVERNMENTAL AFFAJRS BOB WILSON, B.S.. M.P.A.. I.D..t A PROFESSIONAL LAW ASSOCIATION ROSEVlllE OFFICE THE WILSON BUILDINO 735 SUNRISE AVENUE 1725 CAPITOL AVENUE SUtTE H( ~ "A Professional Law Corporation SACRAMENTO, CALIFORNIA 95814 ROSEVlLLE, CA 95, Xnacor, Srate of California 1976-1980 Telephone (916) 78+36v... tAslemblyman, State of California 19n.1916 Telephone (916) 448-2181 FAJRFlELD OFFICE PLEASE DIRECT ALL Fax No, (916) 448-5346 710 MISSOURI STI\EET CORRESPONDENCE TO International Cable Addn:sa: WlLSCR FAIRFlELD, CA 945ll SACRAMENTO OFFICE Telephone (707) 425-4390 RECEIVED STOCKTON OFFICE 11 WEST YOKUTS AVENUE SUITE 202 STOCKTON, CA 95207 JAN Telephone (209) 46J..1656 8 1993 MODESTO OFFICE 928 12th STREET CITY OF POWAY SUITE 510 MODESTO, CA 95JS4 CITY MANAGERS OFFICE Telephone (209) 521-8896 YUBA cm OffiCE 951 UVE OAK BOULEY ARD January 7, 1993 YUBA CITY. CA 95991 Telephone (9i6) 741-013 [ , , , VIA FEDERAL EXPRESS Ms. Janis Acosta City of Poway 13325 Civic Center Drive Poway, CA 92064 Dear Ms. Acosta: , Thank you for your request for proposaL I would very much like to represent the City of Poway. Yesterday, I had a long discussion with Assemblymember Jan Goldsmith concerning Poway's concern with certain requirements of the State General plan. Jan went over in detail the provisions of Senator Boatwrights' legislation of last session, Assemblymember Costa's AB 3330 and AB2707 by Assemblymember Hunter. He also went over the provisions that he is drafting for his own legislation. I would love to work with Jan. He is extremely bright and knowledgeable. I strongly believe that between the two of us we would get Jan's legislation enacted. In order to help you evaluate my qualifications, I have set out below information about my background, clients that I represent, governmental references, and my governmental track record. .... - ATTACHMENT B 12 of 28 JUN 1 5 1993 ITEM 10,~ .. -..- - - Ms Janis Acosta January 7, 1993 Page Two Qualifications I was born on April 26, 1943, and I grew up in San Luis Obispo, California. I graduated from Cal Poly with a Bachelor of Science Degree, the UJiiversity of Southern California with a Masters Degree in Public Administration, and the University of San Diego with a Juris Doctor degree. I am proud to have received the following academic awards: .... Distinguished Alumni Award, California Polytechnic State University at San Luis Obispo. .... Distinguished Alumni Award, University of San Diego School of Law ; .... Graduated from the University of Southern California with a 4.0 out of a possible 4.0. .... Certificate of Merit Award - Given to outstanding Master of Public Administration student, University of Southern California .... Kappa Key, University of Southern California I served in the California State Assembly from 1972 to 1976 and in the California State Senate from 1976 to 1980. As an Assemblyman, I served on and chaired some of the most important standing policy committees, including: .. Transportation Committee .. Finance, Insurance and Commerce Committee ~., i .. Judiciary Committee .. Governmental Organization Committee (Chairman) .. Public Employees and Retirement Committee (Chairman) .. Joint Legislative Audit Committee (Chairman) While serving in the State Senate I added to my experience in general government, fiscal and judicial issues, serving on: .. Judiciary Committee (Chairman) .. Public Employment and Retirement Committee .. Insurance and Financial Institutions Committee .. Business and Professions Committee .. Elections and Reapportionment Committee (Chairman) - 13 of 28 JUN 1 5 1993 ITEM 10,4- --~ . - - -.---..--- ...._.--. ..-- -------------------- ------- Ms Janis Acosta January 7, 1993 Page Three During my tenure in office, I was honored numerous times by local constituents and community and business groups. Among my awards, I am particularly proud to have received: ,.,. Man of the Year (1979), Legislative coalition for Soviet Jewry (for successfully helping Soviet Jews immigrate to America and Israel) Of all the awards I have received, I am most proud of having received this one. ,.,. Legislator Award (1977) California Association of the Physically Handicapped ,.,. Medal of Honor (1980) California Manufacturers Association ; ; During my State Senate term, I was appointed by the Senate Rules Committee to serve on the California Arts Counci1. I served on the Arts Council from 1978 through 1982. Senate Pro Tem David Roberti appointed me to serve on the California State Athletic Commission during January of 1987. My term will expire in 1994. As a result of my legislative service, I have an excellent rapport with both Democrats and Republicans. I am very close to the Senate leadership and the Assembly leadership. In fact, the leader of the Senate, Senator David Roberti, is one of my closet friends. I have set out below comments about my performance by present and past San Diego County legislators as well as other comments made by key legislators: SenatorWadie Deddeh, who represents Chula Vista, says, "Bob was my seat mate for five years in the Assembly. I know his skills first hand. He is the best lobbyist in Sacramento." Former Assemblywoman Carol Bentley says, "If you ever want a bill to get through the legislative process, you want Bob as your legislative representative. I have never seen him lose a bil1." I've been called the best lobbyist in Sacramento by former Senator Larry Stirling (now judge). He was quoted in the EICajon Daily Californian. 14 of 28 .ruN 15 1993 neM 1 G.Lf - - Ms Janis Acosta January 7, 1993 Page Four Senate Pro Tern David Roberti says, "Bob Wilson is one of the hardest working and most effective legislative advocates in Sacramento." Senator John Doolittle, then Chairman of the Republican Caucus (now US Congressman), says, "Bob Wilson is one of the five best lobbyists in Sacramento. Bob is extremely effective. He gets results for his clients. He is simply the best." Senator Ed Davis, member of the Senate Education Committee, says, "Bob Wilson is a personal friend of mine and my wife, Bobbie. I consider Bob far and away one of the best lobbyists in Sacramento." .. I was rated by Capitol Weekly as one of the top ten lobbyists [there are over 700 registered lobbyists in Sacramento] in terms of legislative clout. The California Political Almanac (1991-92) honored me by stating "Bob Wilson is - one of California's most effective lobbyists." Upon your request I can provide you with additional references from Speaker Willie Brown, Senator Alfred Alquist, Senator Nick Petris, Senator Ralph Dills, Senator Gary Hart, Senator Frank Hill, Senator Lucy Killea, Senator Ken Maddy, Senator Marian Bergeson, Assembly Member Sam Farr, Senator Art Torres, S~nator Dianne Watson, Assembly Member Teresa Hughes, Assembly Member Tricia Hunter, Assembly Member Ted Lempert, Senator Tim Leslie, Assembly Member Tom McClintock, Assembly Member Jack O'Connell, Assembly Member John Vasconcellos, and As~embly Member Robert CampbelL I have set out below a list of all the clients that I have represented since leaving the California State Senate in 1980: BANCROFT-WHTINEY COMPANY CALIFORNIA ASSOCIATION OF COLLECTORS CALIFORNIA ASSOCIATION OF LONG TERM HEALTH CARE FACILITIES CALIFORNIA ASSOCIATION OF SCHOOLS OF COSMETOLOGY CALIFORNIA ASSOCIATION OF PRIVATE POST SECONDARY SCHOOLS CALIFORNIA RETAILERS ASSOCIATION CALIFORNIA TRIAL LAWYERS ASSOCIATION 15 of 28 JUN 1 5 1993 ITEM 10.~ --.....----..---.----.-.---- - - - -- ----------..--.----.-.-...-.-..-.---.--....---.------ ------ - - -- Ms Janis Acosta January 7, 1993 Page Five CITY OF EL CAJON CITY OF SANTEE CITY OF LA MESA COLEMAN COLLEGE DATASEARCH, INe. FARWEST ASSURANCE INSURANCE COMPANY HARCOURT BRACE JOVANOVICH COMPANY HOLT, REINHART, AND WINSTON, INe. H & H SHIPPING COMPANY, INe. INTERNATIONAL CHIROPRACTORS ASSOCIATION OF CAUFORNIA 3M NATIONAL COMPANY ; , MARIC COLLEGE OF MEDICAL CAREERS NABISCO BRANDS, INe. RAY L. HUFFMAN CONSTRUCTION COMPANY REMEDY HOME AND HEALTH CARE, INe. SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) SAN DIEGO COMMUNITY COLLEGE DISTRICT SEA WORLD, INe. A SUBSIDIARY OF ANHEUSER BUSCH COMPANIES, INe. THE BISCUIT AND CRACKER MANUFACTURERS ASSOCIATION UNITED DOMESTIC WORKERS OF AMERICA UNITED NURSES ASSOCIATIONS OF CALIFORNIA . VALUTA, INe. VISIONQUEST NATIONAL LTD. WANG LABORATORIES INe. . My lobbying efforts are tailored to each client's needs, allowing me to provide legislative services that most effectively benefit each client. As a result of my experience with the governmental process, I believe that I have one of the best governmental track records. As I stated earlier, I have been called one of the top ten most effective lobbyists in California. I have set out below specific examples of the results which I have attained for clients. SAN DIEGO COMMUNITY COLLEGE DISTRICT (SDCCD) - I successfully defeated legislation that would have lowered ADA (average daily attendance) reimbursement for non-credit adult students 16 of 28 JtlN 1 5 1993 ITEM 10.~ - - Ms Janis Acosta - January 7, 1993 Page Six from $1,572 to a flat $1,100. This would have resulted in SDCCD losing the difference between $1,572 and $1,100 or $472 for each of the District's 13,269 non-credit students. This would have resulted in a loss of nearly $7 million to the District. My lobbying resulted in the District saving $7 million. The Legislature attempted to take away a portion of San Diego Community College District's reserves, which would have cost the District $2 million. I was successful in killing this legislation. As a result of my lobbying, I was able to get $1.9 million placed into SDCCD's base revenues which other districts did not receive. ; ; I helped secure $800,000 per year built into the base for unfunded ADA. I was successful in securing $4.8 million for the Miramar College Instructional Building. I was successful in helping to secure $437,088 for the funding for the Hillery Drive access. I was successful in defeating AB 318 which would have reversed the holding in San Marcos Water District v. San Marcos Unified School District. 42 Ca1.3d 154, and would have allowed approximately 5200: special districts to levy capital facility fees against state agencies. If passed, this bill would have had the potential of costing the District over $3 million. My lobbying efforts resulted in the District saving over $3 million. I was successful in securing a waiver from CaItrans of $615 per month (a yearly savings of $7,380) for parking fees on a district parking lot. As a direct result of my lobbying efforts, I have saved the San Diego Community College District over $20 million dollars. Chancellor Garland Peed (now retired) said, "In my opinion Bob Wilson is the most effective lobbyist in Sacramento. Bob's efforts have saved the district millions of dollars. On just one bill Bob saved the district $7.2 million. - 17 of 28 JUN 1 5 1993 ITEM 10(~ Ms Janis Acosta January 7, 1993 Page Seven In addition to securing the passage of legislation that produced millions for the District, I have been successful in defeating every piece of legislation that the Trustees have asked me to defeat. My batting average for the District has been 100%. "Bob Wilson....was successful in getting an additional $800,000 per year built into the SDCCD base for previously unfunded ADA. I seriously doubt that this would have happened without Bob's tenacious commitment and knowledge of the Sacramento scene. When Miramar College was funded for the Instructional Building which was completed last fall, it was largely due to special efforts by Bob Wilson to support Garland Peed in getting Senator Craven and others to persist in , putting that into the state budget. During my stint as Chancellor, I was highly impressed with the knowledge, contacts, and ability to get positive things done that Bob Wilson' demonstrated. Bob is held in high esteem by key people in Sacramento and is able to get access to virtually any key office." (Chancellor William Wenrich) Dr, Diane Van Hook, President of Santa Clarita Community College District, made the following comment in a letter to me regarding my efforts on SB 1168 (Bill'by Senator Ed Davis to partially fund overcap ADA): "I thank you for all of the hard work, persistence, and critical analysis you contributed to the passage of SB 1168, I'm certain that if it had not been for you, the bill would never have gotten its start and; won a successful transition through the Senate Education Committee....Personally, for me, it was a privilege to be able to work with you. Your political savvy, sense of humor, endless energy, and ability to know just when to jiggle what, enabled me to learn from you and add to my own skills." THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG)- In 1988 I was able to keep $10 million in the State Budget for the San Diego to Fullerton rail line. Similar funding for all other districts was stripped from the Budget. Further, in 1987, I helped to secure $200,000 for SANDAG for the Least Bill's Vireo Habitat Management Plan. 18 of 28 JUN 1 5 1993 ITEM 10.~ - - Ms Janis Acosta January 7, 1993 Page Eight Last year, I helped secure the passage of two bills which resulted in SANDAG saving $10 million over a 17 year period. "Bob Wilson has done an excellent job for us in Sacramento. Bob knows state and local government inside and out," says Ken Sulzer, Executive Director of SANDAG. THE CITY OF SANTEE - Helped line up San Diego Legislative Delegation behind a letter demanding resolution of the dispute between Santee and San Diego County as to the location of the Santee Men's Jail. Jack Doyle, Mayor of Santee, says, "I just wanted to take this , opportunity to personally thank you for all your hard work in lobbying for SB 705. My fellow Council Members and I are very pleased with the accord reached with the San Diego Delegation (San Diego Delegation letter). This was a tremendous achievement on your part, and I can assure you that we now have a greater appreciation for the complexities of the legislative process. Once again, we appreciate your vital role in making this possible." "Bob, yesterday's pact (San Diego Delegation's letter) was a major; 'coup' on your part. Please know that Ron (Ballard, City Manager) and the Council realize what a monumental achievement it was to turn around the entire San Diego Delegation. KUDOS! KUDOS!", Pam White, Senior :Administrative Analyst, City of Santee. THE CITY OF EL CAJON - I was able to help increase the amount of their bailout payment. I have also been successful in protecting 1903, 1911 and 1913 street improvement acts from attack by the legislature. I killed legislation on El Cajon's behalf which would have cost the City thousands of dollars in lost fine money. In addition, each legislative session I read over 6,000 bills and send to El Cajon those bills which have a substantial effect. In 1987, El Cajon took a legislative position on over fifty bills. - 19 of 28 JUN 1 5 1993 ITEM lON Ms Janis Acosta January 7, 1993 Page Nine John Reber, the former Mayor of EI Cajon, says, "Bob has done a superb job representing the City at the capitol. His efforts have substantially increased our city's revenue. Bob's work for the City has been outstanding." COLEMAN COLLEGE-Located in La Mesa - I was retained by Coleman College to secure the passage of legislation which exempts Coleman College from the provisions of SB 190 (statues of 1989). This legislation was carried by Assembly Member Carol Bentley (AB 1825). I was successful in getting this measure signed by the Governor, even in the face of having a Republican State Senator requesting the Governor to veto the bill. "Bob Wilson is a great lobbyist. In my opinion, Bob is the only lobbyist that could have gotten AB 1825 through the Legislature and obtain the Governor's signature. The opposition was formidable, but Bob was able to secure passage in each committee. Bob Wilson is the best lobbyist in Sacramento." Coleman Furr, President of Coleman College. VISIONQUEST NATIONAL LTD. - I successfully lobbied legislation into law which allows VisionQuest to receive a higher fee for their placements than those fees paid to other pr<;)Viders. SEA WORLD, INC. - I represent Sea World in a variety of ways. Jackie: Hill, Vice President of Communications for Sea World says, "Bob has been on top of any legislation that may affect us and has done an excellent job protecting our interests in the legislature. Bob's service to Sea World ha's been exemplary. Over the years he has pulled us through some situations that seriously threatened our business." UNITED DOMESTIC WORKERS OF AMERICA (VOW) - My lobbying efforts, along with those of VOW's President, Ken Msemaji, were largely responsible for restoring $64 million in funding to the State budget for In-Home Supportive Service contract workers. "Bob has done a magnificent job representing VOW. He is the best lobbyist in California. His staff has provided outstanding service setting up the Union's annual Legislative Day in Sacramento." - Ken Msemaji, President, UDW 20 of 28 ,,"UN 1 5 1993 ITEM 10.V -- Ms Janis Acosta January 7, 1993 "'~ Page Ten CALIFORNIA RETAILERS ASSOCIATION - I was able to defeat legislation that would have imposed a tax on beef shipped into California. This legislation, had it passed, would have cost one large food market retailer alone over $250,000 per year. Further, my lobbying efforts against the so-called "item pricing bill" resulted in a savings of millions of dollars to the supermarkets which the Association represents. "Bob Wilson is an outstanding governmental advocate. He has defeated passage on each bill that we asked him to defeat, and has been successful in passing all measures which we asked him to support. Bob has been 100% effective for the California Retailers Association." Les , , Howe, Vice President of Governmental Affairs, California Retailers Association. 3M COMPANY/NATIONAL ADVERTISING CO. - I have been successful in defeating legislation that would extend Caltrans' logo program statewide. In fact, the Sacramento Bee ran a front page story stating, in essence, that the logo program was killed because of my lobbying efforts. Please note that I also do legal work, as well as lobby for 3M Company/National Advertising Co. "Bob Wilson, in my opinion, is the best lobbyist in Sacramento." Ray Paschke, Manager Government Relations, 3M National Outdoor: Advertising Company. INTERNATIONAL CHIROPRACTIC ASSOCIATION OF CALIFORNIA: (ICAC) - I have been successful in carrying out ICAC's legislative program, as well as defeating legislation which ICAC believes would expand the scope of practice of chiropractors in an inappropriate manner. In an ICAC news letter a special tribute was given to me as a result of my lobbying efforts on behalf of ICAC. "ICAC is fortunate to have Bob Wilson as our legislative advocate. Bob has represented ICAC for six years and always produced outstanding results. In my opinion, Bob is the most capable lobbyist in Sacramento." Dr. David Cauble, President, ICAC 21 of 28 JUN 1 5 1993 ITEM lO.q --. - --------- Ms Janis Acosta January 7, 1993 Page Eleven I was directly responsible for the appointment of Dr. Gayle Walsh to the Industrial Medical Council within the Division of Workers' Compensation. Dr. Walsh's appointment was strongly opposed by the California Chiropractic Association (e.e.A.), but through my diligence and perseverance, I was able to argue that Dr. Walsh was the most qualified for the appointment. I was able, over C.C.A.'s objections, to have AB 2032, by Assembly Member Margolin, amended to have ICAC listed as one of the organizations authorized to certify D.C.'s as "Qualified Medical Examiners" (QME's) in workers compensation disability cases. This amendment resulted in thousands of dollars of seminar revenue to , . ICAe. Senator Keene sponsored legislation in 1989, which he amended in the Assembly Insurance Committee, to allow insurance companies, when writing auto policies, to exclude chiropractors care from med pay coverage. This posed a very serious threat to ICAC. I met with the Speaker and was able to get this provision withdrawn. CALIFORNIA ASSOCIATION OF COLLECTORS (CAC) - I have killed every attempt to increase the service of process fees, and to increase filing fees. In addition, I have passed each peace of legislation I was retained to pass. At the sake of being boastful, I have a 100% batting; average for CAe. I secured legislation which authorized a creditor to include costs of enforcing a judgment in a writ of execution. This resulted in a substantial revenue increase for collection agencies. I was able to secure legislation to allow collection agencies to charge a debtor the contract rate of interest even though the debt had been accelerated and the debtor no longer had the right to pay over a period of time. This landmark legislation re"ersed two Attorney General 'opinions, and resulted in a substantial revenue increase for collectors. I was able to secure passage of legislation in 1986 which provided attorneys fees to a prevailing party in any action on a contract, based on a book account, not to exceed $500. Prior to this legislation there was no provision for attorneys fees in actions on contracts based on book 22 of 28 JUN 1 5 1993 ITEM lo.f _. Ms Janis Acosta January 7, 1993 Page Twelve accounts. Senator Lockyer last year increased the amount to $660. This legislation has increased revenues for the members of CAC by millions of dollars. I secured legislation to protect the people of CAC from distraught debtors by making it more difficult for debtors to obtain personal information about collectors. "Bob Wilson has been successful in getting passed several bills that have substantially increased revenues of collectors. Bob is an excellent advocate. CAC thinks so highly of Bob that he was honored by being placed on the cover of our statewide magazine." Larry Cassidy, , , Legislative Chair of CAe. If I am retained to represent the City of Poway. in addition to providin~ the services concerning changing the State General's plan. I will also. at no cost to the City. provide the followin~ le~islative services: ....Reviewing all bill introductions and screening bills that affect the City of Poway. .....Sending the City of Poway copies of appropriate bills with comments and analysis. . ... Attending important hearings and testifying on behalf of the City of Poway. .....Tracking all of the City of Poway's legislation through policy and fiscal committees, on the floors of the houses, in conference committee (if any), past enrollment, and onto the Governor's desk. .....Providing information and persuasive arguments at each point in the process, .....Summarizing the actions of the Legislature and executive agencies for any bill which may impact the City of Poway. .....Representing the City of Poway, as counsel if you desire, before agency proceedings during administrative and judicial reviews of - agency actions. 23 of 28 JUN 1 5 1993 ITEM 10. ~ - Ms Janis Acosta January 7, 1993 Page Thirteen ......Providing monthly legislative reports to the City of Poway on the status of your bills in the Legislative process. ......Review and access to StateNet. In addition, I would send the City of poway a computer printout of all bills in which they have expressed an interest, on a weekly basis or as directed. I have a comprehensive law library in my Victorian office building which is vital in drafting legislation. (My office was recently featured in Sacramento's Comstock Magazine as one of Sacramento's "Artful Offices".) , Further, my office has direct telecommunications with all Legislative Committee rooms, as well as both houses of the Legislature. ; PLEASE NOTE, IN ADDmON TO THE ABOVE SERVICES, MY STAFF PREPARES FOR ALL OF OUR CLIENTS THE INTRICATE AND COMPLICATED REPORTS FOR THE FAIR POLITICAL PRACTICES COMMISSION. This will save the City of Poway a weat deal of valuable staff time. Presently my law firm carries errors and omissions insurance in the amount of $1,000,000 per incident with a $2,000,000 yearly aggregate limitation. In addition I carry Workers' Compensation insurance at the statutory amount and carry liability coverage in excess of $500,000. Remember, if you retain me you get me. This is contrary to most firms who represent that a prominent lobbyist will handle the account when, in fact, critical lobbying is assigned to underlings who have no legislative clout. I have three administrative assistants who assist me in tracking legislation, drafting legislative reports for my clients', drafting position letters to legislators, and setting up meetings between the legislators and myself. Sharman Wilson, my chief of staff, is a graduate of the University of San Francisco with a B.s. in Organizational Behavior. In addition, attorney David Launderville is an expert in drafting legislation. In fact, David Launderville is recognized as one of the best legislation draftsmen in California. Resume available upon request. It is difficuV without meeting with the City of Poway and determining the actual scope of the engagement to arrive at a specific contract amount. After meeting with the City of Poway, I will be in a position to give an exact fee quotation. 24 of 28 JUN 1 5 1993 ITEM 1 0, L,! , Ms Janis Acosta January 7, 1993 Page Fourteen Thank you for considering me for the City of Poway's Legislative Advocate. I know if retained, you will be pleased. with my representation. I get results. Should you have any questions, please do not hesitate to call me at my office, or at home at (916) 456-1974. Sincerely, ~~N , . BW:dg - 25 of 28 JUN 1 5 1993 ItEM 10.1 .' ". ~ AGREEMENT BETWEEN BOB WILSON AND THE CITY OF ............-.......... The City of .................wishcs to engage the services of BOB WILSON, Attorney at Law, A Professional law Corporation, 1725 Capitol Avenue, Sacramento, California 958l4, to provide services in legislative advocacy and governmental . , affairs In matters affecting cities in California, The purpose of this Agreement is to state the terms and conditions under which BOB WILSON will provide services to the client, the CITY OF............,....... The tenns and conditions of this Agreement are as follows: 1. Bob Wilson shall review all legislative bills which are introduced in the California Legislature that pertain to cities and forward them to the client for review Said review shall include the following components: a, Number of the legislative bill b. Description of the proposed legislation c. What the legislation would do d. How the legislation would affect the City e. Bob Wilson's recommendations 2. The City shall notify Bob Wilson of their desired position to be taken on legislation. 3. Bob Wilson shall assist the City in securing grant funds (rom various state agencies. 26 of 28 ATTACHMENT C JUN 1 5 1993 ITEM 10.'1 . , - ," - 4. Bob Wilson shall legislatively track by daily computer readouts on those bills the City requested be followed. 5. Bob Wilson shall be designated and authorized by the City to act as an official representative with the California State Legislature and various governmental agendes, including the Fish and Game Commission, and persons involved in governmental affairs affecting the City. 6. Bob Wilson shall at all times perform duties customarily performed by legislative advocates and governmental affairs representatives in behalf of the City to the best of his abilities, expcrience and talents. , 7. The City shall pay to Bob Wilson the monlhly sum of $.............., payable in advance. 8. The City shall furnish Bob Wilson with a telephone credit card for the _. term of this agreement. 9. The City shall reimburse Bob Wilson for any travel and other expenses directly related to a request 1;>y the City for Bob Wilson to participate in any meetings or activities outside the City of Sacramento. , ....i~ 10. The term of this Agreement shall commence on ............, and shall continue in full force and effect until terminated by thirty (30) days written notice. 11. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs, and necessary disbursements in addition to any other relief to which such party may be entitled. 12. This Agreement shall be governed by the laws of the State of California. It constitutes the entire agreement between partics regarding its subject by any court to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force. 27 of 28 JUN 1 5 1993 llEiui 'n if 1 v. , , ;'" 13, Any notice required to be given hereunder shall be deemed to have - - -.- been given by depositing said notice In the United States mall In an . envelope therein with the proper amount of postage thereon, addressed as follows: TO CITY: TO BOB WILSON: CITY MANAGER BOB WILSON, Attorney at Law CITY OF Ins Capitol Avenue ADDRESS Sacramento, California 95814 IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed as follows: , , BOB WILSON DATED: 1993 BY: ________________1 -------------------- BOB WILSON THE CITY OF DATED: 1993 BY: -------------------- ________________1 Mayor, City of ~' ATTEST: ________________ City Manager 23 of 23 JUN 1 5 1993 ITEM 10'1