HomeMy WebLinkAbout09 - Legislative Advocacy Contract - Ken EmanuelsNEWPORT
o� m� Newport Beach City Council
z AGENDA ITEM 9
February 22, 1999 Council Meeting
FO R
TO: MAYOR AND CITY COUNCIL
FROM: ROBERT BURNHAM, CITY ATTORNEY
DAVE KIFF, ASSISTANT TO THE CITY MANAGER
SUBJECT: LEGISLATIVE ADVOCACY CONTRACT— KEN EMANUELS
RECOMMENDED ACTION:
Authorize Mayor O'Neil to sign proposed Agreement with Ken Emanuels
of Kenneth J. Emanuels and Associates for legislative advocacy services from
March 1, 1999 through February 29, 2000 in the amount of $36,000.00.
BACKGROUND:
For the past two years, 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. In the past years, the City has asked Mr. Emanuels to advocate the
City's position on the following issues (among others):
• Unit III Bay Dredging -- $2.0 million Appropriation (FY 1997 -98 Budget). City supported,
appropriation approved.
• Unit III Bay Dredging -- $5.4 million Appropriation (FY 1998 -99 Budget). City supported,
appropriation approved.
• Hoag Hospital Methane Mitigation System -- $750,000 Appropriation (FY 1997 -98
Budget). City supported, appropriation approved;
• VLF Reduction (FY 1998 -99 Budget) — City asked that reduction in Vehicle License Fee
not impact local government revenue. Proposal passed with no city impacts.
• AB 2065 (Cardenas, 1998) — Exemption of Home -Based Businesses from the Business
License Tax (City opposed, bill was defeated).
• SB 1546 (Johnson, 1998) — Upper Newport Bay Ecological Reserve Restoration and
Maintenance Fund -- $200,000 in FY 1998 -99 (City supported, bill signed into law);
• AB 64 (Ducheny, 1999) — Would establish the California Public Beach Restoration Program
with $20 million appropriated over three years for beach restoration purposes (introduced in
December 1998 — City supports).
• SB 141 (Johnson, 1999) — Upper Newport Bay Annuity -- $400,000 per year (introduced in
December 1998 — City supports).
Mr. Emanuels has a number of other municipal clients, including the Orange
County Division of the League of California Cities. He has been extremely effective and
is able to achieve desired results with a minimum of staff direction or involvement.
Newport Beach City Council
Agenda Item _
Paae 2
We anticipate using Mr. Emanuels on a variety of issues in the 1999 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, including Senator Johnson's Bay Annuity
and Assembly Member Ducheny's beach protection bill.
• Support for funding assistance to implement the regulations of the Regional Water Quality
Control Board, especially Total Maximum Daily Loads (TMDLs) for nutrients, sediment,
and pathogens.
• Advocating the City's position on any attempts to amend State law in way that would work
to the City's disadvantage;
• Supporting legislation sponsored by the City and its departments (such as the Newport
Beach Police Department's proposed legislation on sex offender registration and the
ability of parking control officers to seize unlawfully displayed license plates);
• 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.
• Possible legislation relating to specific bayfront parcels or tidelands in general.
FISCAL IMPACT:
The proposed Agreement would retain Mr. Emanuels from the period of March 1,
1999 through February 29, 2000 for $3,000 per month or $36,000 per year. This is the
same monthly fee paid by the City to Mr. Emanuels in 1997 and 1998.
The current budget (FY 1998 -99) contains funds (in Fund #0300 -8080) for the
continuation of Mr. Emanuels' contract from March through June, 1999. If the City
Council enters into a new Agreement with Mr. Emanuels, we will budget the remainder
of the Agreement term (July 1999 through February 2000) in the FY 1999 -00 Budget.
As has been past practice, we will also budget for legislative advocacy payments for the
period of March 2000 through June 2000 in the FY 1999 -00 Budget in anticipation of a
later Council action in February 2000.
ATTACHMENT:
Attachment A — Proposed Agreement with Ken Emanuels of Kenneth J.
Emanuels and Associates
AGREEMENT
This agreement made and executed at Newport Beach, California, effective March 1, 1999, by and
between the City of Newport Beach, hereinafter called CITY, and KENNETH J. EMANUELS, d.b.a.
KENNETH EMANUELS & 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 twelve -month period from March 1, 1999 to February .23, 2000
payable at the rate of $3,000 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.
10
It is understood that the City will not be responsible for any obligations of an employer. Specifically,
the Contractor shall famish 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:
KENNETH J. EMANUELS CITY OF NEWPORT BEACH
d.b.a. Kenneth Emanuels & Associates
1400 K Street, Suite 306
Sacramento, CA 95814
(916) 444 -6789