HomeMy WebLinkAbout07 - Legislative Advocacy ContractCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 7
March 11, 2003
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 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 for the period of March
2003 through March 2006 in the amount of $3,605.00 per month.
DISCUSSION:
For the past six years (since 1997), the City has contracted with Ken Emanuels of
Kenneth J. Emanuels and Associates to perform legislative advocacy services on behalf
of the City of Newport Beach in Sacramento. In the past years, the City has asked Ken
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
March 11, 2003
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 Caltrans West from Caltrans for its 1966 purchase price;
• 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 by June 2003;
• Protection of the backfill of Vehicle License Fees (VLF) during the FY 2003 -04
State Budget debate -- pending; and
• Protection of redevelopment agencies' housing set - asides and capital funds during
the FY 2003 -04 State Budget debate -- pending.
Since we hired Mr. Emanuels, he has added as his associate Mr. David Jones, formerly
a legislative advocate who specialized in finance issues for the League of California
Cities. Ken also worked for the League prior to starting his own advocacy service.
Ken and David have 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 Ken and David have been extremely
effective in Sacramento and are able to achieve desired results with a minimum of staff
direction or involvement.
Anticipated Work in 2003 -04. We anticipate using Emanuels Jones & Associates on a
variety of issues in the 2003 -04 legislative session, including (among other issues):
• Protecting the City's fiscal position against legislative actions (a reduction in the
VLF backfill to local governments, a second Education Revenue Augmentation
Fund [ERAF] shift, or similar) that would reduce City funding;
• Our 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 Bay dredging efforts, including the full appropriation of Proposition 12's
$13 million set aside for the Newport Bay Ecosystem Restoration Project;
• Support for specific restoration projects that qualify for competitive funding under
Propositions 40 and 50, including:
• The Big Canyon Creek Restoration Project
• The West Bay Trail, Boardwalk, and Restoration Project
• Buck Gully
• Shellmaker Island Rehabilitation and the Marine Studies Center
• Advocating the City's position on any attempts to amend State law in way that
would work to the City's disadvantage;
2
Legislative Advocacy Contract -- Emanuels Jones & Associates
March 11, 2003
Page 3
Current & Proposed Contract. The current contract, which we have had with Ken
Emanuels since March 2000, is $3,450 per month or $41,400 per year. This amount
has remained steady at $3,450 per month for 36 months. The proposed 3 -year contract
would increase Emanuels Jones & Associates' monthly rate to $3,605 or $43,263 per
year and would again maintain that rate through the 36 -month term.
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 Ralph M. Brown Act
(72 hours in advance of the public meeting at which the City Council considers the
item).
Funding Availability: The current budget contains funds (in Account #0110 -8080) for the
continuation of Mr. Emanuels' contract from March through June 2003 at the $3,450.00
monthly rate. If the City Council enters into a new Agreement with Emanuels Jones &
Associates, we have enough in Account #0110 -8080 to cover the increase ($465.00) for
the remainder of the year and will anticipate the $3,605.00 monthly rate in the proposed
FY 2003 -04 budget when it comes before the Council in June 2003.
Alternatives: The City Council could issue a Request for Proposals for legislative
advocacy services or could stop using a legislative advocate. We believe that the
experience of Mr. Emanuels warrants the City's continued service with him and that his
service has paid for itself multiple times over in successful legislation associated with
his work.
Submitted by:
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Dave
Assistant City Manager
Attachments: Proposed Agreement with Ken Emanuels and David Jones of Emanuels
Jones & Associates
.J
EN ANUELS
JONES
ADD ASSOCIATES
LEGISLATIVE ADVOCACY
GOVERNMENT RELATIONS
February 6, 2003
Dave Kiff, Assistant City Manager
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92658
Re: Renewal of Professional Services Agreement
Dear Dave,
We would be pleased to continue representing the City of Newport Beach in Sacramento.
Attached please find a proposed contract for the period March 1, 2003 to February 28, 2006. We
are proposing a one time 4.5% increase which we view as representing an annual 3% inflationary
adjustment over the three year period.
A separate attachment describes the activities that this firm has undertaken on behalf of the City
during the 2000, 2001 and 2002 Legislative Sessions. We are especially proud of the assistance
we provided you with respect to the following:
• 2000. $350,000 in budget for Upper Newport Bay dredging.
2001. Securing enactment of SB 124 (Johnson) and SB 516 (Johnson). SB
124 permitted the City to gain control over the "Caltrans West" property for
$1.3m instead of the $4.3m. price that Caltrans was demanding. SB 516
permitted the City's annexation of the Newport Coast area to proceed without
disrupting the County's LCP.
2002. Successfully opposing AB 2333 (Nakano), which would have required
SCAG to establish a fair share allocation of the burdens of commercial
aviation throughout the region, setting the stage for increased traffic at John
Wayne Airport.
It is clear to all of us that 2003 and 2004 will present the greatest challenge to traditional state -
local government fiscal relationships in recent California history. It could well be a "make or
break" period. The potential damage to vital local services and programs cannot be exaggerated.
Thank you for your confidence in our services. We look forward to working with you.
Sincerely,
Kee thoEmanuels
David Jone���
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AGREEMENT
This agreement made and executed at Newport Beach, California, effective March 1, 2003, by and
between the City of Newport Beach, hereinafter called CITY, and KENNETH J. EMANUELS, d.b.a.
EMANUELS JONES & ASSOCIATES, hereinafter called 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, 2003 to February 28,
2006 payable at the rate of $3,605 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.
0
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, miscellaneous
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.
BY: BY:
KENNETH J. EMANUELS CITY OF NEWPORT BEACH
d.b.a. Emanuels Jones & Associates
1400 K Street, Suite 306
Sacramento, CA 95814
(916) 444 -6789
f � n
Emanuels Jones & Associates
City of Newport Beach
Legislative Activities
2000-2002
2000
- Sponsored funding for Upper Newport Bay dredging ($50,000) in state budget. AB
1740 (Ducheny) Author was Sen. Ross Johnson. Approved by Governor.
- Opposed SB 402 (Burton). Approved by the Governor. Chapter 906. Mandates binding
and compulsory arbitration to settle collective bargaining disputes over compensation and.
benefits for police and fire employees.
- AB 83 (Cardenas). Oppose. Would have restricted the authority of cities to levy
business license taxes on home businesses. Approved by Governor. Chapter 1070.
- AB 304 (Wildman). Support. Declares the intent of the Legislature to use this bill as a
trailer bill for reducing the shift of property taxes from cities, counties and special
districts. Failed passage.
- AB 849 (Brewer). Support. Requires the Santa Ana Regional Water Quality Control
Board by July 1, 2002 to undertake the bioassay and bioaccumulation studies in Newport
Bay and to report the results by June 30, 2002. Vetoed by Governor.
- AB 1544 (Granlund). Oppose. Would have restricted cities in their regulation of leaf
blowers and would have invalidated existing local ordinances that prohibit the use of leaf
blowers. Failed passage.
- AB 1607 (Cardenas). Oppose. Would have restricted cities in their regulation of leaf
blowers and would have invalidated existing local ordinances that prohibit the use of leaf
blowers. Failed passage.
- AB 1835 (Baugh). Support. Would have required the State Water Resources Control
Board to provide grants to local agencies to pay for capital costs and related costs
associated with diverting to sewage treatment facilities dry weather flows from storm
water discharges, or reducing or eliminating dry weather flows from storm water
discharges that would otherwise be discharged to a public beach. Vetoed by Governor.
AB 2412 (Migden). Support. Clarifies sales tax law to require retailers that have both
traditional stores and internet catalog sales to pay California state and local sales tax on
catalog sales. Vetoed by Governor.
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- AB 2618 (Pacheco). Support. Would authorize a city to permit residential facilities
serving 6 or fewer persons to register with the city and to establish inspection guidelines
to insure that the registered facilities meet applicable local building, health and safety
requirements. Failed passage.
- AB 2748 (Bates). Support. Increases funding and broadens eligibility for grants by the
State Department of Boating and Waterways budget for beach restoration. Failed
passage.
- SB 141 (Johnson). Support. Increases the annual general fund appropriation for the
Upper Newport Bay Ecological Reserve Maintenance and Preservation Fund from
$200,000 to $400,000. Failed passage.
- SB 241 (Alpert). Support. Would have established the Endowment for Marine
Preservation in order to direct funds received from the conversion of oil platforms and
production facilities to artificial reefs. Failed passage.
- SB 1276 (Polanco). Oppose. Would have placed restrictions on the authority of cities to
adopt leaf blower ordinances. Failed passage.
- SB 1277 (Hayden). Oppose. Would have placed restrictions on the authority of cities to
adopt leaf blower ordinances. Failed passage.
- SB 1629 (Sher). Support. Would require bicycle and pedestrian access to be included on
all streets and roads constructed after a specified date unless the responsible agency
determines that there are exceptions. Failed passage.
2001
- Sponsored SB 124 (Johnson). Approved by Governor. Chapter 761. Approximately
$3m. in savings to the City. Requires Caltrans to transfer 15 acres of vacant, coastal
surplus property known as Caltrans West or Sunset Ridge Park to the State Department of
Parks and Recreation upon payment of $1.3m. by the City, which would then be
obligated to build and maintain the parcel as a coastal park with parking for beach access.
Sponsored SB 516 (Johnson). Approved by Governor. Chapter 537. This bill amends
the California Coastal Act to permit Orange County to retain development review
authority pursuant to its adopted LCP after the annexation of the "Newport Coast"
unincorporated area and until the City has adopted its own LCP, which would be required
to include the County's certified LCP's provisions.
- Preserved approximately $7.5m. in Prop. 12 funding for Upper Newport Bay dredging
from challenges in the Budget Act. This is the remainder of the $13m. in Prop. 12 which
was earmarked for the Upper Bay
- AB 15 (Harman). Support. This bill would have expanded the authority of the State
Water Resources Control Board to address nonpoint source pollution, targeting storm
water discharges by creating a grant program and by identifying cost effective measures
to reduce violations of minimum sanitation standards. Failed passage.
- AB 476 (Harman). Support. Would have increased the: city membership on the Orange
County Transportation Authority. Failed passage.
- SB 703 (Perata). Oppose. Would have established the governing structure and
composition of the El Toro MCAS reuse authority if the Orange County Central Park and
Nature Preserve Initiative is adopted on March 5, 2002 ballot. Failed passage.
- SB 710 (Alpert). Support. Requires the State Water Resources Control Board to adopt
guidelines for both listing and delisting waters and developing and implementing the total
maximum daily load program by July 1, 2003. Failed passage.
- SB 816 (Ross Johnson). Support. Makes changes to the authority of the regional water
bard to issue cleanup and abatement orders with regard to discharge of waste that
constitutes a nonpoint source discharge. Failed passage.
2002
Opposed AB 2333 (Nakano). Vetoed by Governor. The City led the opposition coalition
to this measure which resulted in a veto. AB 2333 would have required SCAG to provide
for a "fair share" distribution of the burdens of commercial aviation throughout the six
county SCAG region and to adhere to the principles of environmental justice in
developing its regional aviation program.
- State Budget. Joined the LCC in opposing all efforts by the Administration to reduce city
subventions such as the vehicle license fee.
AB 954 (Kelley). Support. Proposed a water supply reliability, storage and protection
bond act for the Nov. 2002 ballot. Failed passage.
AB X1 40 (Steinberg). Support. This bill would have required the State Energy
Commission to establish a $50 m. grant program for local agencies to finance the costs of
local energy efficiency and conservation programs. Failed passage.
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