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HomeMy WebLinkAboutC-1513 - Consulting services for Natural Environmental Element General PlanOCT 91973 By the CITY COUNCIL September 12, 1973 1711 FROM: SUBJECT: r 673 Council /Planning Commission Joint Meeting September 17,1973, Agenda Item No. CITY OF NEWPORT BEACH City Council and Planning Commission Department of Community Development III B "Ecological Survey of Aquatic and Terrestrial Resources" Attached is a draft of the "Ecological Survey Report" prepared by Dr. Peter Dixon and Gordon Marsh under contract with the City. This report identifies the most valuable natural areas within the City and discusses current and potential ecological problems in these areas. As such, the report provides valuable background in- formation for the City government and the citizens of Newport Beach in reviewing the Recreation and Open Space Element and the Conserva- tion of Natural Resources Element of the General Plan. This report will also continue to be of value in the development and review of Environmental Impact Reports in the environmentally sensitive areas. Staff would suggest that this report be referred to the Citizens' Environmental Quality Control Advisory Committee for their review and information. Respectfully submitted, DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, Director By le1j G .....,.. R. L. GUNN Advance Planning Administrator RLG /kk Dr. Peter S. Dixon 2531 Bunya Street Newport Beach, CA 92660 Coon Marsh Department of Population & Environmental Biology U C I Irvine, CA 92664 ems. im PURCHASE ORDER L OF NEWPORT BSI 3300 NEWPORT BOULEVARD NEWPORT BEACH, CALIFORNIA 92660 PHONE; (714)673.2110 VENDOR SHIP TO FIr. P06w .S. Dixon d Gordon fish 2531 Rewport Seek"' Calif. 92660 No. 9800 INVOICE IN OUPLICATEi THIS ORDER HUMBER MU57 APPEAR ON ALL INVOICES, SHIP- PING NOTICES, BP_LS OF LAD- ING, EXPRESS RECEIPTS AND PACKAGES. DELIVERY TICKETS SHALL IN- CLUDE UNIT PRICE. DAT94arch 19, 1963 DEPTCity Council QUANTITY DESCRIPTION OF ARTICLES OR SERVICES REQUIRED UNIT PRICE TOTAL Consulting services for natural environment studiesito connection with the General Plan as per contract $150.00 per day NOT TO EXCEED 6000.00 Contract 1513 Resolution 7931 FOR CITY USE ONLY IMPORTANT CODE AMOUNT CITY OF NEWPORT BEACH •2997 -275 f�q ^r� 6000.00 Tba Articles covered by this Purchase Order or Contract must con- form with the Safety Orders of the State of California, Division of Industrial Safety._ Show as a separate item any mtd I sales tax, use tax or Federal f - tax applicable to tbis purchase. This order subjeet to California sales tax. D. W. MEANS All allowable transportation charges must be prepaid and shown an PURCHASING AGENT _ separate item on the invmce. Do not iucludo Federal Ir ... po,L& lion tax. DEPARTMENT COPY rm El TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 151.3 Ll CITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Bivd. Area Code 714 673 -2110 DATE p4areh - 15197' Description of Contract CGne.,i +;.g SexAd.,er fop ua+...,a3 Enui- ,...,.awt c+.,d;,u, in connection with the General Plan Authorized by Resolution No. 7.4e3 , adopted on Beb,,Waaj —l2, lg73 Effective date of Contract Contract with D Water LliAGN and 6G+don Marsh Address 21P 92&GQ Amount of Contract $1&4 nn pe d y amount not to exceed $6,000.00 ity tefk a Marsh 15, 1973 Dr. Peter Dixon Mr. Gordon Marsh 2531 Bunya Street Newport Beach, CA 92660 0 Subject: :.ewport Beach General Plan Consulting Services Agreement for Natural Environment Studies C -1513 Enclosed are two executed copiers of subject agreement. This agreement was authorized by the City Council an February 12, 1973 by the adoption of Resolution No. 7931. Laura Lagios, C.M.C. City Clerk LL:awk cc: Canmmity Development Director AGREEMENT FOR CONSULTING SERVICES Newport Beach Natural Environment Studies THIS AGREEMENT is made and entered into this Jz r ? day of g i> , 1973, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITY ", and DR. PETER S. DIXON and MR, GORDON MARSH, Natural Environmental Consultants, hereinafter referred to as "CONSULTANTS ": W I T N E S S E T H WHEREAS, CITY has determined that it is desirable and necessary to develop studies related to the marine and terres- trial biological communities throughout Newport Beach; and WHEREAS, such studies will serve to satisfy State planning requirements for including a conservation element as part of the City's General Plan, and assist in the development of the natural environment element of that Plan; and WHEREAS, CONSULTANT is qualified to undertake and complete such studies, and have offered to perform such services for the CITY: NOW, THEREFORE, the CITY and CONSULTANT, in consideration of the mutual covenants and agreements hereinafter contained, do hereby agree, each with the other, as follows: I. GENERAL CITY engages CONSULTANTS to complete all aquatic and terrestrial investigations necessary to meet the objectives of the study hereinafter specified for the compensation herein stipulated, and CONSULTANTS agree to perform such services upon said terms, -1- L Ll II. THE OBJECTIVES OF THE STUDY ARE AS FOLLOWS: 1. To provide the necessary data input on the Marine and Terrestrial Biological Communities for the Natural Environment Element of the General Plan as required by the State Planning and Zoning Law; 2. To provide the "Ecological Planning Principles and Assumptions to be Used in Determining the Suitability and Extent of Allowable Development" as called for in the Coastal Zone Conservation Act; and 3. To identify the environmental sensitive areas in the City and the detailed studies pertaining to such areas that should be required as part of the Environmental Impact Report procedure. III. DUTIES OF CITY CITY shall provide CONSULTANT with letters of introduction to such other persons, firms or governmental entities as necessary to assist CONSULTANT in obtaining required data. The CITY staff, insofar as practical, will provide the CONSULTANTS with assistance in typing and drafting services, report repro- duction and other allied services. IV. OWNERSHIP OF PROJECT DOCUMENTS Original drawings, reports, notes, maps, and other documents shall become the property of the CITY and may be reproduced as deemed necessary by the Community Development Director. V. STUDY AREA The study area is set out in Exhibit "A ", attached hereto and by this reference made a part hereof. -2- # 0 VI. PERFORMANCE CONSULTANT agrees to commence work on the project within ten (10) days following the execution of this Agreement, and to diligently continue the same to completion. All work to be done by CONSULTANT under this agreement shall be completed by April 1, 1973. CONSULTANT further agrees to provide to the Community Development Department one copy of a report containing all findings, analyses and recommendations including text, maps and photographs where appropriate. CONSULTANT further agrees to provide oral public presentations on said report to City's Planning Commission and City Council at such times and in such number6 as City's repre- sentative deems appropriate. Said oral presentations shall not exceed a total of two (2) in number. CITY agrees to notify consultant of the time and place of said oral presentations at least ten (10) days prior to the date on which the presentations are to take place. Beyond these oral public presentations, CONSULTANT will meet regularly with authorized representatives of the Community Development staff in order to facilitate coordination and to dutifully carry out the study to completion. VIII. RIGHT OF TERMINATION CITY reserves the right to terminate this agreement at any time by giving CONSULTANTS three (3) days' prior written notice. Notice shall be deemed served upon deposit in the United States mail, postage prepaid, addressed to any of CONSULTANT's business offices. In the event of termination due to fault of CONSULTANTS, CITY shall be relieved of any obligation to compensate CONSULTANTS. If this agreement is terminated for any reason other than fault of CONSULTANTS, CITY agrees to compensate CONSULTANTS for the actual services performed up to the effective date of the notice of termination, on the basis of the fee schedule contained herein. -3- VIII. FEE SCHEDULE AND PAYMENT A. In consideration of the performance of the above described consultant services, CITY hereby agrees to pay CONSULTANTS an amount based upon the Standard Rate of $150 per day. In no event shall said amount be greater than Six Thousand Dollars ($6,000.00). B. The total amount earned shall be paid upon completion of work specified in Paragraph II. C. In addition, CITY agrees to reimburse CON- SULTANTS for the actual cost of reproduction of copies of plans, and related documents, and other related costs authorized by the Community Development Director and advanced by CONSULTANTS. IX. AMENDMENT. The scope of the services to be furnished by CONSULTANTS may be changed and the maximum fee and time period for completion revised only upon prior written approval of the CITY. X. HOLD HARMLESS CONSULTANTS shall indemnify and save harmless CITY, and its officers and employees, from any damage or liability arising from any errors, omissions, or negligence in CONSULTANTS' performance of this agreement, or in the CONSULTANTS work and services herein provided. IN WITNESS WHEREOF, the parties have executed this agreement as of the day a1,. ear first above written. ATTEST: 45` CITY OF NEWPORT BEACH, a municipal g3 \ corporation City ClerkV APPROVED PAS, TO FORM (Vs.I C ty Attorney r 0 i µjY \ \ h r( f` Ff` X� iE � a :1 l 3 t, - F�l - " \`� ,ilea �•1 � _ \ \ h r( f` r X� iE � a r � a l 3 .y �k C A V amt l 3 amt RESOLUTION NO. 7931 A RES_:_:;TION OF T4E CITY COUNCIL OF THE CITY OF NEWPORT BP AC AUTHORIZING THE EXECUTION OF A CONSULTING SERVICES AGREE- MENT BETWEEN THE CITY OF NEWPORT BEACH AND DR. PETER DIXON AND GORDON MARSH IN CON- NECTION WITH THE NATURAL ENVIRONMENT ELEMENT OF THE GENERAL PLAN WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain agreement between the City of Newport Beach and Dr. Peter Dixon and Gordon Marsh for consulting services in connection with the Natural En- vironment Element of the General Plan; and WHEREAS, the City Council has considered the terms. and conditions of said consulting services agreement and found them to be fair and equitable; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said agreement for the con- sulting services is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ATTEST: City Clerk ADOPTED this 12th day of February , 1973; Mayor dm 2/13/73