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HomeMy WebLinkAbout06 - PSA for Airport Issues - Thomas EdwardsCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 6 December 9, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Homer Bludau, City Manager 949/644 -3000 or hbludau @city.newport- beach.ca.us SUBJECT: Recommendation to Renew the Professional Services Agreement with Attorney Thomas C. Edwards Regarding Airport Issues Consulting Under the Same Conditions of the Current Contract For the 2009 Year ISSUE: Does the City Council agree that the professional services provided by Attorney Thomas C. Edwards in 2008 pertaining to airport issues has been valuable and should be renewed? RECOMMENDATION: Authorize the City Manager to enter into a new agreement with Thomas C. Edwards under the same conditions, but for the complete year. DISCUSSION: Background: In March 2008, the City Council voted unanimously to enter into a professional services agreement with Tom Edwards pertaining to the Council's desire to further communication within and outside the community in regards to John Wayne Airport (JWA) and airport issues. This contract was based on the stated City Council priority for 2008 to "minimize the adverse affects of John Wayne Airport through implementation of the City's airport policy." Over the past year Tom Edwards has been very involved in attending and making presentations at Airport Working Group (AWG) and AirFair meetings, as well as homeowners association and interest group meetings. He has worked with the City Manager and JWA Airport . Director in assessing actions which might reduce JWA impacts within the community. He has assisted with the "Go Local" grant application Recommendation to Renew Professional Services Agreement with Thomas C. Edwards December 9, 2008 Page 2 submitted to OCTA and completed to the satisfaction of OCTA. He has been an asset with assisting the City Manager with strategic thinking in terms of implementing the City Council's airport policy. The contract being proposed for renewal would be under the same conditions as the 2008 contract with the exception of the term, which is being proposed for the complete year. Under the terms, the consultant would continue to receive $5,000 per month for the first twenty -five hours of work provided each month. Excess hours would be at the rate of $300 per hour and require approval by the City Manager. Most months the consultant was paid for additional hours ranging from five to twelve hours, based on the City Manager's authorization. The City Manager believes the 2008 contract with Mr. Edwards resulted in improved communication with the community regarding JWA issues and also resulted in greater direct attention being given to JWA issues. Since it is likely that the implementation of the Council's airport policy will continue to be a high priority, the City Manager recommends the approval of a new contract. Environmental Review: The City Council's approval of this Agenda Item does not require environmental review. Public Notice: This agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the Council considers the item). Submitted by: HOMER L. BLODAU City Manager Attachment Professional Services Agreement AMENDMENT TO AGREEMENT WITH ATTORNEY THOMAS C. EDWARDS FOR CONSULTING AND LEGAL SERVICES This Amendment is made effective as of the 1st day of January, 2009, by and between the CITY OF NEWPORT BEACH, a Charter City and Municipal Corporation ( "City ") and THOMAS C. EDWARDS, ESQ. of Thomas Cole Edwards, Inc., a Professional Corporation, whose offices are located at 1235 N. Harbor Boulevard, Suite 200, Fullerton, California, 92832 ( "Consultant ") with reference to the following: RECITALS A. The City Council has determined that a top priority in 2009 is to continue to implement the City's Airport Policy, known as Council Policy A -17. This policy states that its "primary objective is to protect Newport Beach residents from the adverse impacts of commercial aircraft operations at and from John Wayne Airport (JWA)." . B. Consultant is a well - respected lawyer in the community with considerable experience and expertise in airport- related matters and has served in this position since April 1, 2008 pursuant to that certain "Agreement with Attorney Thomas C. Edwards for Consulting and Legal Services" entered into effective April 1, 2008 (the "Agreement") and this Amendment is an extension of the current Agreement to December 31, 2009. C. The City desires to continue with its retention of the Consultant to assist the City Manager and City Council in implementing Council Policy A -17 and related provisions of the General Plan. D. City has utilized the services of the Consultant since April 1, 2008 pursuant to the Agreement and desires to continue to retain Consultant to render the services described herein on the terms and conditions outlined herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: AGREEMENT Services to Be Performed Consultant shall diligently perform all the services described in the attachment titled "Thomas C. Edwards Consulting Scope of Work." 2. Term The term of this Agreement shall commence on January 1, 2009 and shall expire on December 31, 2009, unless earlier terminated. Except as amended by this pi extension of the Agreement, all of the terms, covenants and conditions of that certain Agreement of April 1, 2008, shall control. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. APPROVED AS TO FORM: City Attorney ATTEST: By: City Clerk F:lusers\ cat\ sharedWgWbigilEmploymentEdwards 01.01.09.doc 2 CITY OF NEWPORT BEACH A Municipal Corporation By: City Manager CONSULTANT THOMAS COLE EDWARDS, INC., A Professional Corporation Thomas C. Edwards, Attomey at Law q Thomas C. Edwards Consulting Scope of Work The following is a scope of work to support and assist the City Council and the City Manager in implementing the City's Airport Policy and, thereby, protecting Newport Beach residents from the impacts of commercial air carrier operations at John Wayne Airport. Background The scope of work is predicated on assisting the City Council and City Manager to implement the City's airport policy - City Policy A -17 and similar provisions of the voter approved General Plan. Council Policy A -17 recognizes that "... airport impacts are now, and will continue to be, the most significant threat to the quality of life of Newport Beach residents. This Council Policy also identifies the most important objectives and contains some aspects of strategies designed to achieve those objectives and how to keep residents informed of the issues and progress being made. The primary objectives of the Council Policy are to maintain and monitor the JWA Settlement Agreement; preventing any physical expansion of the airport (or extension of the existing runway), preserving the curfew and developing alternative transportation services for Orange County residents. The Council Policy identifies some aspects of an implementation strategy such as: seeking public agency support and working with the Corridor Cities and community groups. The Council Policy requires consistent monitoring of airport related issues and recommending strategies to promote the City's Airport Policy. The City Council has continually emphasized that the implementation of the City's Airport Policy is one of its top priorities. This scope of work is, for the most part, based on those recommendations with one or two additional tasks that the City Manager has a desire to pursue. Scope of Work The work scope, under the direction of the City Manager and with his ongoing input and the input of the City Council, is to do the following: 1. Attend meetings of and make presentations, when needed, to the Citizens Aviation Committee regarding matters of interest and to discuss implementation of the Council Airport Policy. 2. Meet with AWG and AirFair on a regular basis to explain what the City is doing to implement the Council Policy and to obtain input regarding f objectives, strategies and the roles those groups are willing to play in partnership with the City in an ongoing effort to achieve our mutual objectives. 3. Schedule, attend and make a presentations (reviewed and approved by the City Manager) to community groups that include members who are most impacted by JWA operations such as the Eastbluff Community Association, Dover Shores, Balboa Island Improvement Association and the Peninsula Point Association. As part of this task, work with the City Council, City Manager and City staff to develop current information on the City's website pertaining to JWA. 4. Help the City Manager prepare one or more members of the City staff to assist in the public information and outreach effort and to perform other duties as directed by the City Manager. 5. Attend such other meetings, such as the meetings of the Corridor City Coalition, as the City Manager may direct. 6. Coordinate all of the foregoing with the other consultants retained by the City to assist the City Manager in implementing the Council Airport Policy. The following compensation shall be paid for the tasks described above: 1. The sum of $5,000.00 per month for the first 25 hours of work per month; 2. With the prior approval of the City Manager, the sum of $300 per how for all work in excess of 25 hours per month. The term of the consultant agreement would be twelve (12) months with either party having the right to terminate upon thirty (30) days written notice. 0