HomeMy WebLinkAbout11 - Professional Services Contract with Kenneth Emanuels and AssociatesAgenda Item 11
CITY OF NEWPORT BEACH
OFFICE OF THE CITY MANAGER
DATE: January 13, 1997
CIT`! of
JAN 1 31997
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TO: Honorable Mayor and Members of the City Council
FROM: Peggy Ducey, Assistant to the City Manager C' 30
SUBJECT: Professional Services Contract with Kenneth Emanuels &
Associates
BACKGROUND
Last year, the City retained Kenneth Emanuels & Associates to provide legislative
advocacy and support in Sacramento for the bills being carried for the City. As our
lobbyist, Emanuels tracked the progress of the bills, advocated on behalf of the City
with State legislators, staff, public agencies and special interest groups, and provided
direction and consultation to the City on the following bills:
• Local Coastal Boundary Adjustments: State legislation was introduced to change
the Coastal Zone boundary. The bill was withdrawn after Coastal Commission
staff confirmed that the City could meet its objectives administratively rather
than legislatively.
• Non -Resident Library: The proposed legislation would have allowed cities
to charge a non-resident fee without losing State funding. The bill died in the
Senate Education Committee.
• Methane Gas Mitigation: This legislation provided that eligible jurisdictions
could receive state grants for upgrade or relocation of methane vents to mitigate
gas hazards. The bill was withdrawn after Caltrans agreed to fund $750,000 to
mitigate the methane gas hazard around Hoag Hospital.
• Bay Discharge Legislation: In response to the proposed IRWD water reclamation
project, the bill would have prohibited discharge of reclaimed water within 2
miles of any bay or estuary. The bill was withdrawn after IRWD and the City
reached a settlement agreement.
The City accomplished its legislative objectives for all but the Non -Resident Library
Fee legislation.
The City's 1997 legislative agenda will be as challenging as last year. The following
issues are proposed for the upcoming legislative session:
State Legislation:
• Methane Gas: Introduce legislation that would protect the City and other
agencies from liability associated with mitigation of a naturally occurring hazard.
• Library Legislation: Continue to pursue both administratively and legislatively a
means to defray costs associated with non-resident library use.
• Beacon Bay: Amend the current Beacon Bay bill to change the revenue
allocation requirements.
• Police Videotape Storage Requirements: Introduce legislation that would require
storage of police department videotapes for six months.
Federal Legislation:
• Upper Newport Bay Dredging: Pursue funding for the Upper Bay dredging and
for a sinking fund that would provide on-going future funding for dredging.
• OCS Moratorium: Pursue short-term and long-term protection from oil and gas
drilling off the Orange County coastline.
The City's contract with Kenneth Emanuels & Associates terminates February 28,
1997. Attached is a new 12 month contract, at a fee of $3,000 per month. This is the
same monthly retainer as last year. The contract also provides for reimbursement
for direct costs incurred by the consultant, such as telephone, travel, etc. Ken
Emanuels has offered to meet with City Councilmembers and staff in January to
develop our final legislative strategy for 1997.
A Budget Amendment for $12,000 is also being submitted to cover the contract cost
for the remainder of the fiscal year. The professional/ technical account currently
authorized in the City Manager's budget has been obligated for a number of income
property studies. The leases for Corona del Mar Beach concession, Ruby's
Restaurant, the Balboa Bay Club, and the Marinapark area all terminate this year, or
in the near future. Professional evaluation services have been retained for each
property to ensure that the City has the highest and best use for each of these
properties in compliance with the Income Property Policy. These costs, along with
the contract obligations for Ken Emanuels' current contract, makes it necessary to
request a budget amendment. Emanuels' contract costs for next budget year will be
requested in the FY 97/98 budget submittal.
RECOMMENDATION
• Authorize the execution of an agreement for professional services with Kenneth
Emanuels & Associates for state legislative advocacy services, not to exceed
$40,000 annually beginning March 1, 1996 for a 12 month period.
• Approve a Budget Amendment in the amount of $12,000 to fund the contract for
the remainder of FY 96/97.
AGREEMENT
This agreement made and executed at Newport Beach, California, effective March 1, 1997, 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 March 1, 1997 to February 28, 1998
-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.
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, 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.
B Y4e1 40 BY:
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
Proposal to City of Newport Beach
January 24, 1996
Employment History 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.
C �
1963-1965 U.S. Peace Curps. Served as a Peace Corps Voluntee,- 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.
f
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
Summa�of Capabilities and OCapabilities and ualifications
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.
f
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 Clients
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.
City of Newport BeaC,h NO. BA- 023
BUDGET AMENDMENT
1996-97 AMOUNT:1 $12,000.00
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Budget Appropriations
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
from additional estimated revenues
X from unappropriated fund balance
EXPLANATION:
Increase in Budgetary Fund Balance
ANNDX Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
This budget amendment is requested to provide for the following:
To budget for professional services contract for State Legislative advocacy.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund s& in
010 3605
REVENUE APPROPRIATIONS (3601)
Fund/Division Account
EXPENDITURE APPROPRIATIONS (3603)
Description
Fund Balance Control
Description
Signed:
Signed:
Signed:
Approval: Finance Director
Administrative Approval: City Manager
City Council Approval: City Clerk
Amount
Debit Credit
$12,000.00
Automatic
$12,000.00
8'/;7
Date
Date
Date
Description
Division
Number 0310 City Manager
Account
Number 8080 Services - Prof, Tech NOC
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Signed:
Signed:
Signed:
Approval: Finance Director
Administrative Approval: City Manager
City Council Approval: City Clerk
Amount
Debit Credit
$12,000.00
Automatic
$12,000.00
8'/;7
Date
Date
Date