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HomeMy WebLinkAbout06 - Professional Services Contract for State Legislative AdvocacyDATE: TO: FROM: SUBJECT CITY COUNCIL AGENDA Item Number ,[ to CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER February 12,1996 BY THE CITY COUNCIL Honorable Mayor and Members of the City Council Peggy Ducey, Assistant to City Manager Pa Professional Services Contract for State Legislative Advocacy FEB 1 2 BACKGROUND Over the past few months, the Council Legislative Committee has pursued a number of legislative issues with State lawmakers. As a result, the City has the following proposed legislation that will be sponsored on our behalf: State Senator Ross Tohnson: • Local Coastal Boundary Adjustments: State legislation is necessary for any changes to the Coastal Zone boundary. This proposed legislation would eliminate a number of already developed areas from the Coastal Zone. • Non -Resident Library Fees: Currently, if the City charges a library non-resident fee, we will lose over $300,000 in State funds. Our non-resident use is estimated to be 45%. The proposed legislation would allow cities to charge a non-resident fee without losing State funding if non-resident use exceeds 35%. • Methane Gas Mitigation: This proposed legislation provides that eligible jurisdictions can receive state grants for upgrade or relocation of methane vents to mitigate gas hazards. State Assemblywoman Marilyn Brewer: • Bay Discharge Legislation: In response to the proposed IRWD water reclamation project, this would prohibit discharge of reclaimed water within 2 miles of any bay or estuary. • Oil Moratorium Resolution: Last year, a resolution was approved by the State legislature supporting the continued federal moratorium on off -shore oil and natural gas drilling. A similar resolution has been introduced for this legislative session. Page 2 Because the outcome of these bills is important, it is recommended that the City hire Kenneth Emanuels & Associates for state legislative advocacy services. As the City's legislative.. advocate, Emanuels will track the proposed bills through the legislative process, advocate on behalf of the City with State legislators, staff, public agencies and special interest groups, and provide direction and consultation to the City with the goal of advancing the proposed bills successfully through the approval process. The firm requires a 12 -month commitment at a monthly fee of $1,500 per month for a single legislative proposal. If more legislation is added, a higher fee would be negotiated. It is recommended that the City hire Emanuels to pursue the Coastal Zone changes first, and add other proposed legislation as issues become more active. The Council Legislative Committee reviewed the proposal at the January 26th meeting and recommended approval. RECOMMENDATION That the City Council authorize execution of the agreement for professional services with Kenneth Emanuels & Associates for state legislative advocacy services, not to exceed $36,000 annually beginning February 1, 1996 for a 12 month period. KENNETH ENIANL'EI.S DATE: January 24, 1996 TO: Kevin Murphy, City Manager ATTN: Peggy Ducey, Assistant to the City Manager City of Newport Beach FROM: Ken Emanuels RE: Professional Services Contract for State Legislative Advocacy Enclosed is my proposed contract for legislative advocacy services (February 15, 1996 to February 14, 1997) and a resume and description of my firm. On the telephone this afternoon you described three potential legislative proposals, which were generally (1) change of boundary of the state Coastal Zone within the City of Newport Beach, (2) removal of state funding restrictions on non-resident fees for local libraries which are heavily impacted by nonresident users, and (3) protection of the Upper Newport Bay from IRVWD reclaimed waste water discharges. In our conversation, I quoted you a 12 -month fee of $1500 per month with the understanding that you would have a single viable legislative proposal which the city would sponsor during this 12 - month period. If in fact the city desires to pursue more than a single legislative proposal, I would need to renegotiate this contract fee. Finally, my apologies. I neglected to mention that I request of all my major clients a "directly attributable" expense reimbursement provision, which you will see in the proposed contract. It relates primarily to long distance telephone, FAX, copying charges. Typically the added costs to a client amount to $50-$100 per month during the peak of the legislative session, depending, of course, on how active the client is. Thank you for your consideration of my services. I look forward to assisting the City of Newport Beach in resolving these problems. AGREEMENT This agreement made and executed at Newport Beach, California, effective February 15, 1996, 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 no more than a single major city -sponsored legislative proposal. 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 February 15, 1996 to February 14, 1997 payable at the rate of $1,500 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. IATA 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. KENNETH J. EMANUELS CITY OF NEWPORT BEACH d.b.a. Kenneth Emanuels & Associates 1400 K Street, Suite 306 Sacramento, CA 95814 (916) 444-6789 Proposal to City of Newport Beach January 24, 1996 Employment Histoty and Educational Background of Kenneth Emanuels 1987- Kenneth Emanuels and Associates, President. Present October 1, 1987 established own lobbying firm. Firm currently has continuing retainer contracts for legislative advocacy and/or information services with these clients: City of Oakland City of Sacramento City of Glendale City of Lancaster City of Burbank City of Cerritos City of Tustin City of Indian Wells City of Rancho Mirage City of Newark City of Novato City of Avalon California Redevelopment Association Orange County Division, League of California Cities 1979-1987 League of California Cities, Assistant Director for Legislative Affairs. Chief lobbyist and legislative director of staff of five professionals. Responsible for the League's legislative program. Reported directly to the Executive Director and the Board of Directors. Either lobbied personally or supervised the lobbying of every piece of legislation affecting municipal government over eight years. 1978 Ralph Andersen and Associates, Sacramento, Management Consultant. Senior Consultant in municipal finance. Conducted land use fiscal impact studies for cities and developers and national executive search assignments for public and private clients. 1970-1978 League of California Cities, Staff Assistant and Lobbyist. Represented the League on environmental quality and municipal finance issues before the Legislature, state regulatory agencies and the public. Major issues were Federal and State air and water quality regulations and legislation reforming the local property tax system. 1963-1965 U.S. Peace Corps. Served as a Peace Corps Volunteer in Colombia, 1967-1970 South America for two years and as the Associate Peace Corps Director in Guatemala, Central America for three years. Directed rural development programs. i Personal: Married, three adult children. Education: B.A. International Relations. Stanford University, 1963 M.A. Public Administration. University of California, Berkeley, 1967. Proposal to City of Newport Beach January 24, 1996 Introduction to the Firm of Kenneth Emanuels & Associates Summary of Capabilities and Qualifications Kenneth Emanuels & Associates was established on October 1, 1987 by Mr. Emanuels following 16 years with the League of California Cities and one year as a municipal finance consultant. Mr. Emanuels joined the League in 1970 and served as staff assistant in both the Berkeley and Los Angeles offices before transferring to Sacramento as a legislative advocate in 1972. From 1979 to 1987, Mr. Emanuels was the Assistant Director and chief lobbyist for the League during one of the most difficult periods in the history of California local government. During his tenure with the League, Mr. Emanuels was twice named one of Sacramento's most effective lobbyists by the prestigious California Journal. In 1986, the Journal rated Mr. Emanuels as one of four (out of 75) public agency lobbyists who "topped the list as most effective." In 1977, the Journal rated the lobbying staff of the League as one of the Top Fifteen lobbyists (6th) in Sacramento, public and private alike. Because for eight years Mr. Emanuels was widely known as the League's principal spokesperson and advocate in the Legislature, the firm's advocacy practice has been limited almost exclusively to city governments and associations of cities. Moreover, the firm also has the ability as a public interest lobbyist to attend legislative fund raisers throughout the year for legislators who represent client cities. Mr. Emanuels is the sole legislative advocate of the 282 -city member California Redevelopment Association and enjoys access to virtually every legislator's office because each of the 120 legislative districts in the Senate and Assembly contains at least one city which has established a redevelopment agency and is a member of the Association. As an advocate for the City of Newport Beach, Mr. Emanuels would be in a position to discuss the City's concerns with legislators from throughout the State. Located across the street from Capitol Park, the firm offers a full range of services for effective representation before the State Legislature and state administrative agencies. For example, with respect to state administrative agencies Mr. Emanuels has worked to resolve clients' problems with numerous administrative agencies of state government, including: Department of Finance, Department of Fish and Game, Department of Real Estate, Office of Emergency Services, Department of Health Services, State Water Resources Control Board, Department of Transportation, Department of Education, Office of Criminal Justice Planning, Department of Commerce, State Controller, Department of Parks and Recreation, General Services, Department of Insurance, Department of Housing and Community Development, Energy Commission, Department of Youth Authority, Integrated Waste Management Board, Public Employment Retirement System, the Office of Planning and Research and the California EPA. All legislative and administrative is lobbying handled by Mr. Emanuels personally. No lobbying responsibilities are delegated to employees or subcontracted to other lobbying firms. Whenever possible, written and telephone inquiries relating to legislative matters are handled by Mrs. Katherine Curtis, an experienced legislative secretary and the firm's office manager. / Special Expertise Mr. Emanuels' entire 25 -year career has been dedicated to the strengthening of California municipal law, municipal finance and city government operations. He is recognized by Members of the Legislature and their staffs as an authority in this field. Experience with Similar Client Mr. Emanuels presently represents the cities of Oakland, Sacramento, Avalon, Cerritos, Burbank, Glendale, Indian Wells, Lancaster, Newark, Novato, Rancho Mirage and Tustin. In addition, Mr. Emanuels also represents the California Redevelopment Association and the Orange County Division, League of California Cities. Past clients include the League of California Cities, the Bay Area Council and the cities of Irvine, Santa Ana, Laguna Beach, El Segundo, Mammoth Lakes and Westlake Village.