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HomeMy WebLinkAbout18 - Traffic Impact Fairshare Fee UpdateCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 18 October 14, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum 949 - 644 -3311 orsbadum @city.newport- beach.ca.us SUBJECT: TRAFFIC IMPACT (FAIRSHARE) FEE UPDATE — APPROVAL OF BUDGET AMENDMENT TO FUND FEE NEXUS STUDY RECOMMENDATION: Approve a budget amendment appropriating $16,750 from the unappropriated General Fund balance to Account No. 7014- C5200975 (Traffic Impact Fee Study). DISCUSSION: The City's Fairshare Fee program was originally adopted in 1984, updated in 1994, and adjusted periodically based upon the consumer price index. The purpose of the Fairshare Fee program is to equitably distribute the cost of traffic congestion reduction improvements to the future development that generates the need for such projects. In November 2006, voters approved a new General Plan for the City. As a result, the City's Fairshare Fee program needed to be updated to be consistent with the New General Plan. The General Plan Implementation Committee considered this update to be a top priority. On April 10, 2007, the City Council approved an agreement with RBF Consulting to update the City's traffic impact fee to be consistent with the newly adopted City General Plan. This work has been completed at a cost of $113,832. In October 2007, the City entered into an agreement with Revenue & Cost Specialists to develop a fee structure and nexus report based on the work performed by RBF Consulting. The purpose of the nexus study is to match future infrastructure demands of anticipated new development with the cost of that new infrastructure. This Council item provides funding for Revenue & Cost Specialists to prepare the Fee Nexus Study for a cost not to exceed $16,750.00. The draft nexus study report has been completed and the final report is expected to be completed in the near future. Environmental Review: Not applicable at this time Traffic Impact Fee Update — Approval of Budget Amendment for Fee Nexus Study October 14. 2008 Page 2 Fundinq Availability: Upon approval of the budget amendment, sufficient funds will be available in the following account for the work: Account Description General Plan Traffic Impact Fee Study Submitted Badum s Director Account Number Amount 7014- C5200975 $16,750 Total: $16,760 ment: Professional Services Agreement with Revenue & Cost Specialists, dated December 10, 2007 REVENUE & COST SPECIALISTS, LLC FOR FAIR SHARE FEE NEXUS STUDY THIS AGREEMENT is made and entered into.as of this /Ofd day of ',7>cc_e n er 2007, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and REVENUE & COST SPECIALISTS, LLC a California Corporation whose address is 2545 E. Chapman Avenue, Suite 103, Fullerton, California, 92831 ( "Consultant "), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to update and revise its transportation impact fee known as the Fair Share Fee. C. City desires to engage Consultant to prepare the Nexus Study demonstrating that future development -will pay a Fair Share Fee proportional to the impact of such development. ( "Project'). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project, shall be Scott Thorpe. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 31st day of March, 2008, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The i discretion. 3. Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the services in a diligent and timely manner may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a flat fee basis. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed sixteen thousand seven hundred fifty Dollars and no /100 ($16,750) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. .4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and /or the specific task in the Scope of Services to which it relates, the date the services were performed, the percentage of the total project work effort, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: the day and year first written above. APPROVED AS TO FORM: City Attorney for the City of Newport Beach ATTEST: CITY OF NEWPORT BEACH, A Municip I Corporation By:`� (it Ma n wport Beach a for the Cdy oq e CONSULTANT: tCa • Title: a�. 0-'? Print Name:'Sc• D t Attachments: Exhibit A — Scope of Services 1:1 City of Newport Beach Circulation Systettt DIF Calculation/Nexus Proposal October, 2007 elements. Develop draft an extended project list incorporating the input from the above steps and prepare the Master Facilities Plan, consisting of a detail CIP project detail page for each project. Work with the designated planner, engineer, and consultant(s), to determine and concur on the land use acreage, where applicable, for each of the following existing and planned categories of use: Detached Dwellings Mobile Homes Commercial Uses Office Uses ■ Identify and analyze the "demand drivers" specific to each infrastructure or service area. The "drivers" are the factors of nexus demand related to each land use and would be based upon the project plans or City productivity records. ■ Apply the RCS - copyrighted computerized formulas for the distribution of the benefits of, nexus for, and impact of each group of projects on each of the above categories of land use. Undertake the proportional analysis necessary to identify the appropriate burden to be placed upon both the existing and future infrastructure. ■ Identify any "excess capacity" provided by the existing infrastructure, the cost for which may be recovered from future residents and businesses and develop a specific fee structure for the previously referenced infrastructure. ■ Prepare a comprehensive report consisting of the fee- structure and the necessary relevant nexus text and present the City with and master copy of the report and RCS cover stock Page 3 City of Newport Beach Circulation System DIF Calculation/Nexus Proposal October, 2007- and letterhead adequate for twenty copies. One draft report (cycle) is included in the proposal and then the final Report. Any additional draft reports or final reports beyond those included in this proposal will be invoiced separately at RCS hourly rates at an amount reflecting the magnitude of the requested changes. Attend up to four City Council study sessions or public hearings of the resultant fees, to explain the process through which the fees were determined. Fee for Services - The City has indicated the need for development impact fee schedule for the City's circulation system. Based upon these requests and the proposed scope of work, the flat fee for our services is as follows: Travel and Commercial Delive!y Charges RCS will also invoice for mileage costs (at $0.485 per mile), any required business license and commercial mail delivery charges as incurred to a not -to- exceed $500.00. Additionally, if the City requires a waiver of subrogation, an additional 3.0% ($487.50) will be added to the base contract price of $16,250. These fees - for - service and the Proposal will be honored until March 31, 2008. Invoicing Schedule. RCS will submit two equal invoices totaling the fee for services. First Invoice ............... Upon submission of the draft MFP /DIF document. Final Invoice .................. Upon submission of the final MFP/DIF Report. The RCS Staff have also contributed to the body of text of general public financial management information through publication of articles and other writings. They are available for downloading from our website www.revenuecost.com. Described, they are: "Financing Capital Improvements" was published in the Journal (of the) American Water Works Association, August, 1991, pages 50 -52. This article, written at the AWWA's request, illustrates the continuing importance of the capital improvement planning process and simplifies its veneer of complexity. It also demonstrates RCS's understanding of the relationship of the DIFs to the City's Comprehensive General Plan and overall capital planning process. Page 4 r � Development Impact Fee Calculation $ 16,250 Textual Nexus Support Document (DIF Report) Included y fit Travel and Commercial Delive!y Charges RCS will also invoice for mileage costs (at $0.485 per mile), any required business license and commercial mail delivery charges as incurred to a not -to- exceed $500.00. Additionally, if the City requires a waiver of subrogation, an additional 3.0% ($487.50) will be added to the base contract price of $16,250. These fees - for - service and the Proposal will be honored until March 31, 2008. Invoicing Schedule. RCS will submit two equal invoices totaling the fee for services. First Invoice ............... Upon submission of the draft MFP /DIF document. Final Invoice .................. Upon submission of the final MFP/DIF Report. The RCS Staff have also contributed to the body of text of general public financial management information through publication of articles and other writings. They are available for downloading from our website www.revenuecost.com. Described, they are: "Financing Capital Improvements" was published in the Journal (of the) American Water Works Association, August, 1991, pages 50 -52. This article, written at the AWWA's request, illustrates the continuing importance of the capital improvement planning process and simplifies its veneer of complexity. It also demonstrates RCS's understanding of the relationship of the DIFs to the City's Comprehensive General Plan and overall capital planning process. Page 4 City of Newport Beach NO. BA- 09BA -015 BUDGET AMENDMENT 2008-09 AMOUNT: S1s,75o.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance �X Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues qX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations from General Fund unappropriated fund balance to the Traffic Impact Fee Update account to fund the Fee Nexus Study to be performed by Revenue & Cost Specialists. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 010 3605 General Fund - Fund Balance REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Description Division Number 7014 Misc & Studies Account Number C5200975 Traffic Impact Fee Update Signed'. Signed: Approval: ministrative Services Director City Manager Amount Debit Credit $16,750.00 $16,750.00 Date Da Signed: City Council Approval: City Clerk Date