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HomeMy WebLinkAboutS24 - Legislative Advocacy ContractCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 524 February 27, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, Assistant City Manager 9491644 -3002 or dkiff @city.newport- beach.ca.us SUBJECT: Legislative Advocacy Contract -- Emanuels Jones & Associates ISSUE: Should the City of Newport Beach enter into a new three -year contract with Emanuels Jones & Associates (EJA) for advocacy services to the State Legislature, the Governor, and State agencies? RECOMMENDATION: Authorize the City Manager to execute a Professional Services Agreement with Emanuels Jones & Associates for legislative advocacy services based on the attached Scope of Services and Fee Schedule for the period of February 1, 2007 through January 31, 2010 in the amount of $4,000.00 per month for the Year 1 and $4,250.00 per month for Years 2 and 3. DISCUSSION: Since 1997, the City has contracted with David Jones and Anne Blue of Emanuels Jones & Associates (EJA) to perform legislative advocacy services on behalf of the City of Newport Beach in Sacramento. During this time, the City has asked Mr. Jones and Ms. Blue to advocate the City's position on the following issues (among others): Upper Newport Bay Dredging appropriations: o $2.0 million appropriation (FY 1997 -98 State Budget). City supported, appropriation approved. o $5.4 million appropriation (FY 1998 -99 State Budget). City supported, appropriation approved. o $13 million for UNB Ecosystem Restoration Project -- placed in Proposition 12 and approved by the voters (2000); SB 1546 (Johnson, 1998) — Upper Newport Bay Ecological Reserve Restoration and Maintenance Fund -- $200,000 per year as a continuous appropriation starting in FY 1998- 99. Bill enacted into law. Legislative Advocacy Contract — Emanuels Jones & Associates February 27, 2007 Page 2 • Hoag Hospital Methane Mitigation System -- $750,000 Appropriation (FY 1997 -98 Budget). City supported, appropriation approved. • AB 64 (Ducheny, 1999) – Established the California Public Beach Restoration Program for beach nourishment projects -- City has successfully competed for funds from the Program. • SB 124 (Johnson, 2001) -- Allows the California Department of Parks and Recreation to purchase Sunset Ridge Park from Caltrans. • SB 516 (Johnson, 2001) -- Authorizes the preservation of the Newport Coast Local Coastal Program even if the area was annexed by Newport Beach. Required the City to submit its own Local Coastal Program. • Protection of the backfill of Vehicle License Fees (VLF) during the FY 2003 -04 State Budget debate. • Protection of redevelopment agencies' housing set - asides and capital funds during the FY 2003 -04 State Budget debate. • Business License and state mandated claims issues. • Interactions with the Department of Fish and Game regarding the Back Bay Science Center and Upper Newport Bay management. • Advocacy for projects eligible for funding under water and transportation bond acts. EJA has a number of other municipal clients, including the cities of Brea, Glendale, La Habra, Milpitas, Pasadena, Sacramento, Walnut Creek, Westminster, the Orange County Division of the League of California Cities and the California Redevelopment Association. We believe that David and Anne have been effective in Sacramento and are able to achieve desired results with a minimum of staff direction or involvement. Anticipated Work in 2007 -08. If City Council approves the Recommended Action, we anticipate using EJA on a variety of issues in the 2007 -08 legislative session, including (among other issues): • Legislation: Group Homes - -- Increase the ability of local governments to regulate group homes. Includes initial assistance with the proposed Residential Recovery Facilities City Caucus. • Funding Request: Procurement of $10 million in funding for remediation of the Rhine Channel in Newport Bay —a toxic hot spot dating back to the 1930s. This would require targeting of Proposition 84 and other funding opportunities. • Funding Request: Beach replenishment funding administered by the Department of Boating and Waterways (DBAW), under the program created by AB 64 (Ducheny, 1999). • Coordinate interactions with the Department of Fish and Game involving cooperative management of Upper Newport Bay; • Other items consistent with the adopted 2007 -08 Legislative Platform. Request for Bids. At an informal level, I contacted the below three firms to ask for bids on legislative advocacy services. All three are respected and knowledgeable in the realm of municipal advocacy services – I would have been happy with any of them: • Emanuels Jones & Associates (EJA) • Sloat Higgins Jensen & Associates (SJHA) • Platinum Advisors Legislative Advocacy Contract — Emanuels Jones & Associates February 27, 2007 Page 3 Platinum Advisors chose not to submit a quote, instead deferring to SHJA. Platinum said that Platinum worked closely with SHJA, and did not want to compete for the contract. Both EJA and SHJA provided quotes to me (EJA's Scope of Services and Fee Schedule are attached). SHJA's quote exceeded the EJA quote — all things being relatively equal, I am comfortable in recommending EJA to you as the staff recommendation. Recently- Expired & Proposed Contract. The recently expired contract with EJA, which was renewed in March 2003, was for $3,605 or $43,263 per year. The proposed new contract with EJA would start at $4,000.00 per month ($48,000 per year) for the first year and raise and maintain at $4,250.00 per month ($51,000) for Years 2 and 3. Note that I have proposed a Start Date for the proposed contract of February 1, 2007, because of David and Anne's help with the Group Homes issue to date. Environmental Review: The City Council's approval of this Agenda Item does not require environmental review. Public Notice: This agenda item may be noticed according to the Brown Act (72 hours in advance of the public meeting at which the City Council considers the item). Funding Availability: Legislative advocacy services are included within the Council's Professional and Technical Services Account (0110 -8080) and the current budget contains funds adequate to fund this Contract. We will budget the current monthly rate and the higher rate (the latter effective February 1, 2008) within the 0110 -8080 budget as we prepare the FY 2007 -08 budget. Submitted by: Da Ciff Assistant City Manager Attachments: Scope of Services and Fee Schedule for EJA 3 Legislative Advocacy Contract — Emanuels Jones & Associates February 27, 2007 Page 4 EXHIBIT A SCOPE OF SERVICES and PROPOSED FEE SCHEDULE For the City of Newport Beach Emanuels Jones & Associates (EJA) will pursue the following priorities for the City of Newport Beach along with the services listed below for the current year, and if renewed, subsequent legislative sessions. Specific Goals and objectives for Newport Beach for years 2007 through 2010. • Legislation: Group Homes — Increase the ability of local governments to regulate group homes, including assistance with the proposed Residential Recovery Facilities City Caucus. • Funding Request: Procurement of $10 million in funding for remediation of the Rhine Channel in Newport Bay —a toxic hot spot dating back to the 1930s. This would require targeting of Proposition 84 and other funding opportunities. • Funding Request: Beach replenishment funding administered by the Department of Boating and Waterways, under the program created by AB 64 (Ducheny), 1999. • Coordinate interactions with the Department of Fish and Game involving cooperative management of Upper Newport Bay. In addition, EJA will provide the following services as part of our scope of activities for Newport Beach: After the City has adopted its Legislative Platform for the year, we guarantee that we will devote as much time and resources as necessary to achieve the objectives of the program. Obviously, we cannot guarantee successful results, but we promise to cut no corners. We can do this because our retainer fee does not limit our time commitment to clients. With the goal of conducting a results- oriented legislative and administrative agency advocacy program, we offer the City of Newport Beach the following services: (a) • Meet with Council Members, City Manager and department heads upon request. Such meetings may be used to provide legislative and administrative agency update briefings, to develop strategy for the City's legislative and administrative agency advocacy program or to elicit specific proposals for legislative action. (b) Represent and testifv on behalf of the City in meetings or hearings with state agencies, boards, commissions and other legislative bodies. (c) Sacramento visits y Legislative Advocacy Contract -- Emanuels Jones & Associates February 27, 2007 Page 5 • Prepare briefing materials and arrange appointments for Council Members and City staff when they travel to Sacramento to advance the City's legislative or administrative agency advocacy agenda. (d) Read all bills as introduced and all bill amendments as introduced. Identify legislation that significantly or uniquely impacts the City of Newport Beach. • Alert the City staff to the legislation and provide copies to City Manager's office in a timely manner. In order to anticipate emerging issues, attend all weekly "city caucus" legislative briefings conducted by the League of California Cities. Maintain professional relationships with the League's legislative staff, other city lobbyists, legislative committee staff and Administration officials. (e) Track and report on legislation which the City has targeted with a support or oppose position. • Report on the status of all bills on which the City has an adopted position. Reporting frequency will be as requested. We recommend biweekly or monthly using a matrix format. • Provide City staff with advance notice of hearings and critical actions relating to priority issues and bills as identified by the City. (g) Develop a strategy to position the City of Newport Beach to most effectively compete for all opportunities presented by the passage of the bond package. Research and develop a target list of funding opportunities; prioritize, organize and package city funding priorities to ensure timely response to the myriad of deadlines for the elements of the bond package. Educate legislative delegation to ensure the city's specific legislative, regulatory and funding goals are realized. Facilitate meetings with key legislative and administration officials to present the City's case for specific projects. Actively pursue funding opportunities on behalf of the city to achieve their priority goals. (h) Lobby on behalf of the Citv for positions (non- sponsorship bills) adopted by the Citv Council. • Communicate position to City's legislators via letter and when feasible in person. • Individually or in coordination with allied cities or the League of California Cities, present testimony before legislative committee on City's position. When appropriate meet with committee consultants, committee chair and committee members to advance the City position. • When requested, arrange for City of Newport Beach officials to present testimony; meet with committee chair and members in advance of the hearing date. • Assist City officials in preparation of testimony before legislative committees. 5 Legislative Advocacy Contract -- Emanuels Jones & Associates February 27, 2007 Page 6 • As requested, prepare letters on behalf of the City of Newport Beach legislative committees, Assembly and Senate floor and to the Governor. Q) Unlimited general legislative inquiry service • Respond to City staffs questions about legislation, committee analyses or impact of legislation on the City of Newport Beach. • Be available by telephone, fax or e-mail for direct consultation on any matter relating to state legislative or administrative matters. (k) Assist officials to develop an effective working relationship with the chairs and members of the Senate and Assembly Local Government and Appropriations Committees, the Governor's office and the Department of Finance • Arrange timely meetings. • Seek support for City issues. • Prepare briefing papers for state officials and City Council members. (1) 1 f the Citv sponsors legislation 0 to 2 bills per vear maximum), this firm will: • Coordinate drafting of legislation. • Seek legislative author or co- authors. • Seek co- sponsors and support from other Sacramento based lobbying organizations and other cities, including the League. • Meet with opponents and legislative consultants to understand the nature of opposition and possibilities for mutually agreeable amendments. Draft amendments if appropriate. • Arrange for City officials to meet with legislative committee chairs, committee members and staff consultants (including parry caucus staff) in advance of committee hearing and vote. • Assist City officials in preparation of hearing testimony. • Lobby committee members individually for support vote. • Arrange for City officials to meet with the Governor's Office, Department of Finance and relevant state departments. • Prepare support letters to Assembly and Senate floors. Lobby floor votes. • Prepare "request for signature" letter to Governor. Special reports when appropriate and necessary With respect to the very highest priority issues affecting all cities (i.e. state budget developments and funding requests), we regularly supplement the League's Priority Focus Bulletins by supplying our clients with e-mail updates designed to fit their specific needs. Legislative Advocacy Contract -- Emanuels Jones & Associates February 27, 2007 Page 7 Proposed Fee Schedule The proposed fee schedule for legislative services will be $4,000 /month ($48,000 /year) for year one, 2007. The fee level for year two will be $4,250 1month or ($51,000/year) for year two, 2008 Beginning the third year our fee for services will be $4,250 /month, ($51,000 /year). Expenses billed to the City will not exceed $1,000 per year for travel and direct expenses. No expense will be incurred above that amount without prior approval of client.