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HomeMy WebLinkAbout08 - Legislative Advocacy ContractITEM 8 TO: Members of the Newport Beach City Council FROM: Homer L. Bludau, City Manager SUBJECT: Legislative Advocacy Contract with Kenneth Emanuels and Associates RECOMMENDED ACTION: Authorize Mayor Noyes to execute the attached Agreement for Professional Services with Kenneth Emanuels and Associates. EXECUTIVE The City's Sacramento-based legislative advocate, Ken Emanuels, has worked for SUMMARY: the City for the past three years. This agenda item would allow the City to enter into a new three -year contract with Mr. Emanuels' firm, Kenneth Emanuels and Associates, for legislative advocacy services through February 2003. The current one -year contract is $36,000 per year -a rate that has remained stable since 1997. The proposed 3 -year contract would increase Mr. Emanuels' rate to $41,400 per year and maintain that rate through the three -year term. This agenda item asks for the Council's approval of the proposed 3 -year contract. BACKGROUND: Since early 1997, the City has contracted with Ken Emanuels of Kenneth J. Emanuels and Associates to perform legislative advocacy services on behalf of the City in Sacramento. We have asked Mr. Emanuels to advocate the City's position on the following issues (among others): • Upper Bay Dredging -The City asked the State to appropriate $2.0 million in FY 1997 -98 and $5.4 million in FY 1998 -99 to complete the 900,000 cubic yard dredging project that ended in Spring 1999. This effort was successful. • Bay "Annuity" -City asked the State to establish a continuing appropriation in the State Budget that can be used to dredge and maintain the Upper Bay. This effort was successful. • Parks Bond. The City asked State Senator Ross Johnson to sponsor our request to appropriate up to $13 MN for Upper Newport Bays future dredging projects via Proposition 12, the Parks Bond. This effort was successful thus far and awaits voter approval on March 7, 2000. • Water Quality/DNA Testing -the City asked Assembly Member Marilyn Brewer to sponsor our request for a $175,000 State grant to conduct DNA testing of fecal coliform contaminants to Newport Bay. The DNA test will help the City meet its obligations under the Fecal Coliform TMDL. This effort was successful. Newport Beach City Council Page 2 BACKGROUND: • Videotape Retention -the NBPD asked Ms. Brewer to carry legislation (cont'd) reducing the amount of time the Department needed to retain surveillance videotapes. This effort was successful. • Hoag Hospital Methane Mitigation System -The City asked Senator Johnson to sponsor a $750,000 appropriation in the FY 1997 -98 State Budget that helped Hoag Hospital and Caltrans mitigate and make use of excess methane in West Newport. This effort was successful. In addition to the above City- specific efforts, we also asked Mr. Emanuels to advocate on our behalf for the following legislative positions that impact cities statewide, but in which the City took a special interest: • Opposition to AB 2065 (1998), AB 83 (1999). These bills would have removed cities' ability to levy a business license tax on home -based businesses. Both were held in the Legislature. • Support of AB 64 (1999). This bill -now a law -- increased State funding for beach replenislunent. • Opposition to SB 402 (1999). This bill would have imposed binding arbitration of police and fire collective bargaining disputes. It has been held in the Legislature but will resurface in 2000. • VLF Reduction (FY 1998 -99 Budget). The City asked that any reduction in Vehicle License Fee not impact local government revenue. The VLF cut passed with no city impacts. We anticipate using Mr. Emanuels on a variety of issues in the 2000 Legislative year, including (among other issues): • The City's anticipated interactions with various state agencies (such as the State Lands Commission, the California Coastal Conservancy, the California Coastal Commission, Caltrans, the State Water Resources Control Board, and Governor Davis' Office); • Support for additional Bay protection efforts and funding should Proposition 12 fail to pass. • Support for funding assistance -via either the Water Bond (Proposition 13) or the State Budget -- to implement the regulations of the Clean Water Act, especially Total Maximum Daily Loads (TMDLs) for nutrients, sediment, fecal coliform, and toxics. • Opposing any new attempts to reduce the City's tax base, such as unprotected diversions of vehicle license fees or business license tax exemptions for home -based businesses. • The re -use or continuation of current use at Marinapark. The following is a summary of the current and proposed contracts: Current Contract -- For the past three years, the City has entered into one- year agreements with Mr. Emanuels. His rate has remained at $3,000 per month or $36,000 per year for each of the three years. Page 3 BACKGROUND: Proposed Contract -- The City has proposed a single 3 -year Agreement with (cont'd) Mr. Emanuels. Mr. Emanuels has agreed to the 3 -year term but has asked for an increase in the current rate -- to $3,430 a month or $41,400 per year -- as the proposed rate for 2000, 2001, and 2002. Because of the value of his services and his success rate with Newport Bay efforts especially, staff is confident that the proposed contract represents a fair return to Mr. Emanuels and to the City for his legislative advocacy. Further, we consider Mr. Emanuels' proposed rate to be very competitive within his industry. ATTACHMENTS: Attachment A: Proposed Agreement with Ken Emanuels of Kenneth Emanuels and Associates Attachment B: Summary of Legislative Activities /Results ATTACHMENT A AGREEMENT FOR PROFESSIONAL SERVICES This agreement made and executed at Newport Beach, California, effective March 1, 2000, by and between the City of Newport Beach ('City") and KENNETH J. EMANUELS, d.b.a. KENNETH EMANUELS & ASSOCIATES ( "Contractor"): WITNESSETH: The City hires the Contractor and the Contractor agrees to work for the City on the following terms and conditions: The duty of the Contractor shall be to provide consulting services as a lobbyist on pertinent municipal matters on behalf of the City. The Contractor shall be responsible for the advancement of a limited number of city - sponsored legislative proposals. II The Contractor shall certify that employees and /or entity are properly registered, licensed or certificated pursuant to law to perform the task set forth hereunder. III The City shall pay to Contractor for the thirty six (36) -month period from March 1, 2000 to February 28, 2003 payable at the rate of $3,450 per month, billed monthly in advance, for time spent by Consultant in the performance of this agreement. The Contractor's direct costs for telephone, duplication, postage, legislative computer and bill service and required travel will be reimbursed by the City. IV It is understood that the City will not be responsible for any obligations of an employer. Specifically, the Contractor shall furnish his own means of transportation when not required by the City to travel, rr scellaneous supplies, and incidental expenses. It shall be understood that the Contractor shall not incur any additional expenses on behalf of the City. V The Contractor shall report his lobbying activities as required by the California Fair Political Practices Act and Commission (California Code of Regulations, Title 2, Chapter 6 and Title 2, Chapter 7). Executed as of the date and year first above set forth. KENNETH J. EMANUELS d.b.a. Kenneth Emanuels & Associates 1400 K Street, Suite 306 Sacramento, CA 95814 (916) 444 -6789 JOHN E. NOYES, Mayor CITY OF NEWPORT BEACH Oan- "c.6 -00 07:43P Kenneth Emanuals & Assoc. 916 444 0303 P -02 City of Newport Beach State Legislative Program Results 1996 —1999 Legislative Sessions Unit III Bay Dredging - $2.0 m. appropriation in FY 97 -98 budget. $5.4 m. appropriation in FY 98 -99 budget. City co- sponsored, organized and conducted the lobbying campaign. Additional $200,000 in FY 98 -99. Also adopted this year a "continuous appropriation' of $200,000 thereafter, which amounts to a permanent annual appropriation. SB 1546 (Johnson). 1998. City co- sponsored. $175,000 for study of Newport Bay to identify sources of fecal coliform contamination. City sponsored request by Assm. Marilyn Brewer. $13 m. for restoration and maintenance in AB 18 (Villaraigosa) 1999, which is the 2000 State Park bond act on the March 2000 ballot (Prop. 12). City co- sponsored request by Sen. Ross Johnson. $750.000 for Hong—Hospital methane mitigation system. FY 97 -98 budget. City sponsored and requested appropriation by Sen. Ross Johnson. AB 820 (Brewer). 1997. Cost savings on videotape retention. Signed by Governor This city - sponsored bill allows videotapes used in routine video monitoring of police activities to be maintained for one year, instead of two years as previous law required. Sponsored by Newport Beach Police Department. SB 573 (Johnson). 1997. Revision of Beacon Bay tide lands trust ageement. Signed b� Governor. This bill modified the 1978 legislative grant that authorized continued residential use on a small portion of tidelands, which was developed in the 192(Ys and is known as Beacon Bay. The original grant required the revenue to be used to purchase property for the public trust. Instead SB 573 permits 80° /a of the residential lease revenue to be used for general tidelands purposes, 10% for Upper Newport Bay and 10% to the State Lands Commission to assist with the administration of tidelands grants. Sponsored by the city. JAN -26 -2000 20:08 916 444 0303 96: F.02 Jan -76 -00 07:43P Kenneth Emanuels & ASSOC_ 916 444 0303 P_03 AB 2065, AB 83 (Cardenas). 1998.1999. Protection of city revenue sources. Major statewide issue. This bill would have prohibited cities from applying a business license tax on home based businesses. Newport Beach, League of Cities, other cities opposed bill that was amended to exclude cities outside of Los Angeles County. City staff (Glen Everroad) led statewide campaign. Provided testimony at numerous legislative hearings in Sacramento. Maior Newport Beach lobbying efforts (in conjunction with cities statewide) that have met with mixed results: 1999. City opposed SB 1277 (Hayden) which would prohibit the routing of any state or local street or roadway through state parklands. San Onofre State Beach is the focus of this bill. Bill remains with the Legislature. - 1999. City supported AB 64 (Ducheny), signed by Governor, which established the California Public Beach Restoration program in the State Coastal Conservancy. - 1998 State budget. City opposed reduction in vehicle license fee without 1001/o state reimbursement. State has adopted policy of full annual reimbursement of $1.7 billion from the state general fund to cities and counties. - 1996 1997, 1998 1999. City supported return of property tax shifts (ERAF). Statewide cost to local government is now $4 billion. Since 1994, neither the Governor nor the Legislature has agreed. - 1999. City opposed compulsory and binding arbitration of police and fire employee collective bargaining disputes. SB 402 (Burton). Held by Legislature. - 1999. City opposed AB 1544, AB 1609, SB 1267, all of which would have pre- empted city ordinances that regulate the use of leaf blowers_ All were defeated.