Loading...
HomeMy WebLinkAboutC-3328 - Planning analysis of the Protection from Traffic and Density initiative (Greenlight)0 • PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, entered into this Ytll day of February, 2000, by and between CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to as "City "), and The Planning Center whose address is 1580 Metro Drive, Costa Mesa, California, 926;_(0, (hereinafter referred to as "Consultant'), 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 desires to engage Consultant to provide project management and staff services upon the terms and conditions contained in this Agreement. C. The principal member of Consultant is, for purpose of this Project, John Douglas. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to contract with Consultant under the terms of conditions provided 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 9th day of February, 2000, and shall terminate on the 28th day of April, 2000, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as Exhibit "A" attached hereto and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section and the scheduled billing rates, attached hereto as Exhibit "A" and incorporated herein by reference. No rate changes shall be made during the term of 1 this Agreement without prior written approval of City. Consultant's compensation for all work performed in accordance with this Agreement shall not exceed the total contract price of Ten thousand, three hundred dollars ($10100). The Planning Director shall have the authority to authorized work beyond this amount, not to exceed an additional $1,500. 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly invoices to City payable by City within thirty (30) days of receipt of invoice subject to the approval of City. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance with Exhibit "A ". 3.4 City shall reimburse Consultant only for those costs or expenses which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant. 3.5 Notwithstanding any other paragraph or provision of this Agreement, beginning on the effective date of this Agreement, City may withhold payment of ten percent (10 %) of each approved payment as approved retention until all services under this Agreement have been substantially completed. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control or without Consultant's fault. 2 • • 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the details in means of performing the work provided that Consultant is compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only with respect to the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 7. PROJECT MANAGER Consultant shall assign the Project to a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Project term. Consultant has designated John Douglas to be its Project Manager. Consultant shall not bill any personnel to the Project other than those personnel identified in Exhibit "A ", whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and the services shall be performed by Consultant in accordance with Exhibit A. The failure by Consultant to strictly adhere to the schedule, may result in termination of this Agreement by City, Notwithstanding the foregoing, Consultant shall not be responsible for delays which are 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 0 0 8.1 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 which purportedly causes a delay, and not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. 8.2 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. 9. CITY POLICY Consultant will discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that the Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City. 11. PROGRESS Consultant is responsible to keep the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement. This indemnity shall apply even in the event of negligence of City, or its employees, or other contractors, excepting only the sole negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attorneys' fees in any action on or to enforce the terms of this Agreement. In 13. INSURANCE 0 Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for ail liability arising from Consultant's services as described herein. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Bests Key Rating Guide: unless otherwise approved by the City Risk Manager. A. Worker's compensation insurance covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that, in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, 5 0 0 a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any for the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: I 0 A. Access to, and upon request of Consultant, one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Blueprinting, CADD plotting, copying and other services through City's reproduction company for each of the required submittals. Consultant will be required to coordinate the required submittals with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. 18. ADMINISTRATION This Agreement will be administered by the Planning Department. Patricia Temple shall be considered the Project Administrator and shall have the authority act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records during normal business hours. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 20. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than would have resulted if there were not errors or omissions in the work accomplished by Consultant, 7 E El the additional expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with the Project. 23. CONFLICTS OF INTEREST A. The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT A. Except as specifically authorized under this Agreement, the services included in this Agreement shall nct be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach Planning Department 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA, 92658 -8915 (949) 644 -3200 Fax 644 -3350 8 • 0 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: John Douglas The Planning Center 1580 Metro Drive Costa Mesa, CA 926d(o (714) 966 -9220 Fax 966 -9221 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to the Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the Parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 9 0 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 31. PATENT INDEMNITY The Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: (66,4—� R in Clauson Assistant City Attorney for the City of Newport Beach ATTEST: J By:" 4!1,��;7��� LaVonne Harkless City Clerk CITY OF NEWPORT BEACH A Municipal Corporation Homer L. Bluda City Manager for the City of Newport Beach I:KeL`1-1110rM ill rr � / /, l The Planning Center Ric-H+ao -o m-. RAH=- -) L Ac- 10 • CENTER THE • February 2, 2000 Ms. Patricia Temple Planning Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 -8915 RECEIVED BY PLANNING DEPARTMENT CITY OP Nv' A-:'PnPT AM FEB 0 12000 PM 71819110111112111213141516 Subject: Prsal to Provide Consulting Services - Green Light Initiative Analysis f % vliL� Dear Ms. T pi Thank you for the opportunity to present this proposal to provide planning services to the City. Our understanding of the work required and a proposed scope, schedule and budget are described below. PROJECT UNDERSTANDING In response to a citizens' initiative petition, the Newport Beach City Council has voted to place a proposed Charter Amendment on the November ballot. This initiative would require voter approval of any future "major amendment" to the City's General Plan. The proposal defines "major amendment" as one that would allow an additional 100 dwelling units or 40,000 square feet of floor area, or would generate over 100 peak hour trips. These thresholds would apply to the total of the increases resulting from the amendment itself plus 80 percent of the increases resulting from other amendments within the same statistical area of the city adopted within the preceding 10 years, excluding any amendments approved by the voters. It is the City's desire to evaluate the implications of the proposed initiative and, in particular, to understand the significance of the provision requiring a cumulative analysis of amendments approved during the preceding 10- years. The scope of services described below would provide the City with an accurate summary by Statistical Area of all amendments to the Land Use Element of the General Plan that have been adopted since November 1990. While this statistical analysis will be the primary work product, the process by which this information will be gathered, analyzed and reported is of paramount importance due to the political sensitivity of this effort. It is absolutely essential that both the initiative proponents and opponents agree that the methodology used is objective and the individuals performing this work are unbiased. Accordingly, the proposed scope of services includes tasks intended to ensure the credibility of the process. It is our understanding that the following issues will not be addressed as part of this study: Legal analysis of the initiative and its likelihood of being upheld by the courts Governmental Services Planning & Urban Design Environmental Studies Landscape Architecture 1580 Metro Drive Costa Mesa, CA 92626 Phone: 714.966.9220 Fax: 714.966.9221 Email: costame-sa@planningcenter.com February 2, 2000 • Page 2 • Fiscal impacts of the initiative on the City SCOPE OF SERVICES Task 1. Refine the Methodology and Scope The Consultant will attend and facilitate a kick -off meeting with key City staff to discuss the project objectives and review the work program. At this kick -off meeting the following issue should be addressed: • What procedures or methodology would ensure that the results of the study will be fair and impartial. Deliverables: Kick -off meeting. Revised methodology and scope of work Task 2. Data Gathering and Draft Report Using the methodology and scope developed during Task 1, the Consultant will research the City's General Plan Amendment records and prepare an analysis following the matrix format provided in Attachment 1. The analysis will itemize each GPA by statistical area and year along with the number of additional dwelling units, non - residential floor area, and peak hour trips represented by the amendment as compared to the previous General Plan designation for the property. The draft matrix will be submitted to the City for review. A meeting will be held and the results of the research will be presented by the Consultant. In response to questions or concerns, additional research may be necessary. Deliverables: Draft matrix of General Plan Amendments approved from November 1990 to the present and supporting technical documentation. Meeting with City staff. Task 3: Final Report In response to feedback from the City, the Consultant will prepare a final matrix and report containing the results of the analysis. Deliverables: Final matrix of General Plan Amendments approved from November 1990 to the present and technical report. Schedule and Availability We are prepared to commence work on the project immediately upon receiving authorization to proceed. The following is a proposed preliminary schedule: February 2, 2000 Page 3 Week 1 Week 2 Weeks 3 -4 Week 5 Week 6 Week 7 Week 8 Background information collection Meeting and refinement of work program F GPA data collection and preparation of draft report Meeting and City review of draft report Refine draft analysis and preparation of draft final report City review of draft final report Preparation and delivery of final report All of the work described in this proposal will be done by John Douglas, AICP with the exception of clerical support. City Support Required This proposal assumes that the City will provide access to all relevant General Plan Amendment files and assist the Consultant in locating the files and ensuring that all applicable projects have been identified. It is also assumed that knowledgeable City staff will be available to answer technical questions as needed. Word processing and report production will be handled by the Consultant. Budget The estimated budget for the project is provided in Attachment 3. Conclusion Thank you for the opportunity to present this proposal. I look forward to working with you on this important project. If you have any questions please do not hesitate to me at 714- 966 -9220. Sincerely, THE PLANNING C LATER i J 7 Joi n H. bougla ICP Sr. Pro' ct Ma Ir Attachments 1. Proposed evaluation matrix 2. List of initial questions 3. Proposed budget E E cn N C U E m C 0 d O CL E 3 a� m O IL M U d C d wall 0 d Y N d L a� N d d N y u ¢ Q c m c c Z o o _ Z LL m c d 9 N N = a c 2 N N d � w d °da Q c o QZLL o? 6 C7 m C d 9 N N = d C c � o = Y a MS c N d aQQ N � `o d a m Z LL N � o � f d d a N E E N C d E a c d E a a a 0 a ` m OQ `d a 0 a 0 z A u N _ N N Q Q Q Q m 0 y 0 February 2, 2000 • • Page 5 Attachment 2 List of Initial Questions on Methodology How should peak hour trips be calculated - am or pm peak hour? How would changes in use (e.g., residential to commercial) be evaluated - Ford /Loral for example 0 0 Attachment 3 Estimated Budget (Revised 3/10/00) Task Hours Cost Task I — Refine Methodology 8 $800 Task 2 — Data Gathering and Draft Report Data collection 60 $6,000 Draft report 8 800 Task 3 — Final Report 4 $400 Meetings /Project Management Steering Committee (2) 9 $900 Project Management 8 800 300 Total Labor 97 $9,700 Word processing 300 Reimbursable Expenses $300 Mileage, reproduction, delivery, etc. Total Fee estimate $10,300 i Yi•. �, i.j CITY OF NEPORT BEACH Hearing Date: February 8, 2000 O4�EW°OR @ PLANNING DEPARTMENT Agenda Item No.: 11 a,{ 3300 NEWPORT BOULEVARD Staff Person: Patricia L. Temple NEWPORT BEACH, CA 92658 (949) 644 -3228 +crFOwN`r (949) 644 -3200; FAX (949) 644 -3250 REPORT TO THE MAYOR AND CITY COUNCIL FEB SUBJECT: Planning Analysis of the "Protection from Traffic and Density" Initiative _.__.._ANPROVET) . ACTION: Approve a budget amendment in the amount of $11,500, and authorize the City Manager to retain the services of a firm employing a former City employee, and to execute a professional services agreement with The Planning Center for the preparation of a planning analysis of the initiative. On January 11, 2000, the City Council placed the Protection from Traffic and Density initiative on the November, 2000 ballot. Since the initiative qualified for the ballot, staff has received numerous questions regarding how the proposed Charter amendment would operate, and how it would affect the development review process. Due to the intricacies of its provisions, particularly the need to include past General Plan Amendment approvals in the calculations to determine whether a development which includes a General Plan Amendment must be submitted to the voters for approval, detailed and time - consuming research is needed to answer the questions. There is not available staff to work on this project. Therefore, we have solicited a proposal from the consulting firm of The Planning Center to complete this work. This firm was selected by staff because a former member of the Planning Department, John Douglas, works with this firm. He has a great deal of experience with the City's development review process, and the structure of the current General Plan. This knowledge will be valuable to assure the completeness and accuracy of the research, and, therefore, of the information which will then be available. Council Policy F -20 requires that a professional services contract with a former City employee, or with a firm that employs a former City employee, be approved by the City Council. Because of the special advantages the retention of a person experienced with the City's Planning Department and development review processes will bring to the project, staff recommends that the City Manager be authorized to execute the attached contract. The proposed scope of services is attached. Submitted by: Prepared by: SHARON Z. WOOD PATRICIA L. TEMPLE Assistant City Manager Planning Director Pd-4A ) /J Attachments: 1. Scope of Services from The Planning Center 2. Budget Amendment • 0 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, entered into this day of February, 2000, by and between CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to as "City "), and The Planning Center whose address is 1580 Metro Drive, Costa Mesa, California, 926_, (hereinafter referred to as "Consultant'), 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 desires to engage Consultant to provide project management and staff services upon the terms and conditions contained in this Agreement. C. The principal member of Consultant is, for purpose of this Project, John Douglas. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to contract with Consultant under the terms of conditions provided 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 9th day of February, 2000, and shall terminate on the 28th day of April, 2000, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as Exhibit "A" attached hereto and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section and the scheduled billing rates, attached hereto as Exhibit "A" and incorporated herein by reference. No rate changes shall be made during the term of 1 this Agreement without prior written approval of City. Consultant's compensation for all work performed in accordance with this Agreement shall not exceed the total contract price of Ten thousand, three hundred dollars ($10,000). The Planning Director shall have the authority to authorized work beyond this amount, not to exceed an additional $1,500. 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly invoices to City payable by City within thirty (30) days of receipt of invoice subject to the approval of City. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance with Exhibit "A ". 3.4 City shall reimburse Consultant only for those costs or expenses which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant. 3.5 Notwithstanding any other paragraph or provision of this Agreement, beginning on the effective date of this Agreement, City may withhold payment of ten percent (10 %) of each approved payment as approved retention until all services under this Agreement have been substantially completed. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control or without Consultant's fault. 2 0 0 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the details in means of performing the work provided that Consultant is compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only with respect to the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 7. PROJECT MANAGER Consultant shall assign the Project to a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Project term. Consultant has designated John Douglas to be its Project Manager. Consultant shall not bill any personnel to the Project other than those personnel identified in Exhibit "A ", whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and the services shall be performed by Consultant in accordance with Exhibit A. The failure by Consultant to strictly adhere to the schedule, may result in termination of this Agreement by City, and the assessment of damages against Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible for delays which are 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 0 8.1 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 which purportedly causes a delay, and not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. 8.2 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. 9. CITY POLICY Consultant will discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that the Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City. 11. PROGRESS Consultant is responsible to keep the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement. This indemnity shall apply even in the event of negligence of City, or its employees, or other contractors, excepting only the sole negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attorneys' fees in any action on or to enforce the terms of this Agreement. IZ1 0 0 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Bests Key Rating Guide: unless otherwise approved by the City Risk Manager. A. Worker's compensation insurance covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. Said policy or policies shall be endorsed to state that coverage shall not be canceled by either parry, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that, in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, 5 • 0 a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any for the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: 0 • A. Access to, and upon request of Consultant, one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Blueprinting, CADD plotting, copying and other services through City's reproduction company for each of the required submittals. Consultant will be required to coordinate the required submittals with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. 18. ADMINISTRATION This Agreement will be administered by the Planning Department. Patricia Temple shall be considered the Project Administrator and shall have the authority act for City under this Agreement. The Project Administrator or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records during normal business hours. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 20. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than would have resulted if there were not errors or omissions in the work accomplished by Consultant, rA 0 • the additional expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with the Project. 23. CONFLICTS OF INTEREST A. The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT A. Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach Planning Department 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA, 92658 -8915 (949) 644 -3200 Fax 644 -3350 3 9 0 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: John Douglas The Planning Center 1580 Metro Drive Costa Mesa, CA 926_ (714) 966 -9220 Fax 966 -9221 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to the Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the Parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 0 0 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 31. PATENT INDEMNITY The Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: Robin Clauson Assistant City Attorney for the City of Newport Beach ATTEST: By: LaVonne Harkless City Clerk CITY OF NEWPORT BEACH A Municipal Corporation 0 Homer L. Bludau City Manager for the City of Newport Beach CONSULTANT By: John Douglas The Planning Center 10 February 2, 2000 Ms. Patricia Temple Planning Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 -8915 • Subject: Proposal to Provide Consulting Services — Green Light Initiative Analysis Dear Ms. Temple: Thank you for the opportunity to present this proposal to provide planning services to the City. Our understanding of the work required and a proposed scope, schedule and budget are described below. PROJECT UNDERSTANDING In response to a citizens' initiative petition, the Newport Beach City Council has voted to place a proposed Charter Amendment on the November ballot. This initiative would require voter approval of any future "major amendment" to the City's General Plan. The proposal defines "major amendment" as one that would allow an additional 100 dwelling units or 40,000 square feet of floor area, or would generate over 100 peak hour trips. These thresholds would apply to the total of the increases resulting from the amendment itself plus 80 percent of the increases resulting from other amendments within the same statistical area of the city adopted within the preceding 10 years, excluding any amendments approved by the voters. It is the City's desire to evaluate the implications of the proposed initiative and, in particular, to understand the significance of the provision requiring a cumulative analysis of amendments approved during the preceding 10- years. The scope of services described below would provide the City with an accurate summary by Statistical Area of all amendments to the Land Use Element of the General Plan that have been adopted since November 1990. While this statistical analysis will be the primary work product, the process by which this information will be gathered, analyzed and reported is of paramount importance due to the political sensitivity of this effort. It is absolutely essential that both the initiative proponents and opponents agree that the methodology used is objective and the individuals performing this work are unbiased. Accordingly, the proposed scope of services includes tasks intended to ensure the credibility of the process. It is our understanding that the following issues will not be addressed as part of this study: • Legal analysis of the initiative and its likelihood of being upheld by the courts February 2, 2000 • Page 2 Fiscal impacts of the initiative on the City SCOPE OF SERVICES Task 1. Refine the Methodology and Scope The Consultant will attend and facilitate a kick -off meeting discuss the project objectives and review the work program. the following issue should be addressed: with key City staff to At this kick -off meeting • What procedures or methodology would ensure that the results of the study will be fair and impartial. Deliverables: Kick -off meeting. Revised methodology and scope of work Task 2. Data Gathering and Draft Report Using the methodology and scope developed during Task 1, the Consultant will research the City's General Plan Amendment records and prepare an analysis following the matrix format provided in Attachment 1. The analysis will itemize each GPA by statistical area and year along with the number of additional dwelling units, non - residential Floor area, and peak hour trips represented by the amendment as compared to the previous General Plan designation for the property. The draft matrix will be submitted to the City for review. A meeting will be held and the results of the research will be presented by the Consultant. In response to questions or concerns, additional research may be necessary. Deliverables: Draft matrix of General Plan Amendments approved from November 1990 to the present and supporting technical documentation. Meeting with City staff. Task 3: Final Report In response to feedback from the City, the Consultant will prepare a final matrix and report containing the results of the analysis. Deliverables: Final matrix of General Plan Amendments approved from November 1990 to the present and technical report. Schedule and Availability We are prepared to commence work on the project immediately upon receiving authorization to proceed. The following is a proposed preliminary schedule: February 2, 2000 • • Page 3 Week 1 Background information collection Week 2 Meeting and refinement of work program Week; 3 -4 GPA data collection and preparation of draft report Week 5 Meeting and City review of draft report Week 6 Refine draft analysis and preparation of draft final report Week 7 City review of draft final report Week 8 Preparation and delivery of final report All of the work described in this proposal will be done by John Douglas, AICP with the exception of clerical support. City Support Required This proposal assumes that the City will provide access to all relevant General Plan Amendment files and assist the Consultant in locating the files and ensuring that all applicable projects have been identified. It is also assumed that knowledgeable City staff will be available to answer technical questions as needed. Word processing and report production will be handled by the Consultant. Budget The estimated budget for the project is provided in Attachment 3. Conclusion Thank you for the opportunity to present this proposal. I look forward to working with you on this important project. If you have any questions please do not hesitate to me at 714 - 966 -9220. Sincerely, THE PLANNING CENTER John H. Douglas, AICP Sr. Project Manager Attachments 1. Proposed evaluation matrix 2. List of initial questions 3. Proposed budget February 2, 2000 • Page 4 This page intentionally blank Matrix u February 2, 2000 • • Page 5 Attachment 2 List of Initial Questions on Methodology How should peak hour trips be calculated — am or pm peak hour? How would changes in use (e.g., residential to commercial) be evaluated — Ford /Loral for example February 2, 2000 Page 6 Attachment 3 Estimated Budget • Task Hours Cost Task 1— Refine Methodology 8 $800 Task 2 — Data Gathering and Draft Report Data collection 60 $6,000 Draft report 8 800 Task 3 — Final Report 4 $400 Meetings /Project Management Steering Committee (2) 9 $900 Project Management 8 800 Total Labor 100 $10,000 Reimbursable Expenses $300 Mileage, reproduction, delivery, etc. Total Fee estimate $10,000 q l0 E E fA C t d v E d V m c r m o 6 ad c Z � O �p U N C d c� 0 E Y N a ro a� m m q = b m m Q C � m � O O — Z Z LL m C m N- m K :3 0 O 2 Y b q 6 m � a r- > b m o n� Q Q � 0 Q Z LL a c m 9 y� K 7 c o � = A Y b _ m aaF- C a q roQ c dd m 0 m Zli o > m o 9 a m K � T E E N C m E O C d E Q a m 0 m n A 6 0 Q m a a > o z q d N N � N Q Q Q Q m m b E Cdr of Newport BeaC10 NO. BA- 037 BUDGET AMENDMENT 1999 -00 AMOUNT: S1o,11s.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 PX from unreserved surplus fund balance EXPLANATION: Increase in Budgetary Fund Balance AND X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To appropriate $11,500 from unappropiated surplus fund balance to fund the planning analysis of the "Protection from Traffic Density Initiative ". ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Eurid Account 010 3605 REVENUE APPROPRIATIONS (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Fund Balance Reserve Description Description Division Number 2710 Planning Account Number 8080 Services - Professional & Technical NOC Division Number Account Number Division Number Account Number Division Number Account Number Signed Signed: Approval: Admini§tratjye Services Director Manager City Council Approval: City Clerk Amount Debit Credit $11,500.00 Automatic $11,500.00 Date ate Date Cry of Newport Beac% BUDGET AMENDMENT 1999 -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 PX from unreserved surplus fund balance EXPLANATION: NO. BA- 037 AMOUNT: $1a,115.00 Increase in Budgetary Fund Balance gp(Q X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance Cl: i F46B -8. APPROVED This budget amendment is requested to provide for the following: To appropriate $11,500 from unappropiated surplus fund balance to fund the planning analysis of the "Protection from Traffic Density Initiative ". ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 010 3605 REVENUE APPROPRIATIONS (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Division Account Division Account Division Account Division Account Signed Signed: Description Fund Balance Reserve Description Description Number 2710 Planning Number 8080 Services - Professional & Technical NOC Number Number Number Number Number Number n F' anci4 Approval: Manager Signed: ✓ VCQjAjrtt. Id) . /KflC City Council Approval: City Clerk Director Amount Debit Credit $11,500.00 ' Automatic $11,500.00 Date .4/0/40,0 �? Z (9(7 Date FE3. 8.2000 3:35PM ENTILMENT & CCMM REL N0.179 P.1i3 "RECEIV ED AFTER AGENDA PRINTED:" - - Oct 0 THE IRVINE COMPANY Facsimile Transmission To: John Noyes Company: Mayor, City of Newport Beach Fax #: (949) 644 -3020 Date: February 8, 2000 From: Carol Hoffman Phone: (949) 720 -2303 number of pages including cover: 3 pages SUBJECT: CITY STUDY ISSUES Message; Per our discussion, Please call Pat Miller at (949) 720 -2304 if you have any problems receiving this fax. Thank you. FEB -08 -2000 1608 98% P.01 FEE. 8.2000 3:35PM ENTILMENT & COMM REL NO.179 P.2i3 • City Study Issues u The city study should do a thorough analysis of how the Initiative compares to the TPO and what specific projects and traffic improvements are required by each. Here are some questions and issues the study might look at: 1. Traffic Improvements. What specific traffic improvements are required by the initiative? What specific traffic improvements are required by the TPO? 2. Projects Covered. What types of projects are covered by the initiative — once the threshold of 100 trips, 100 homes or 40,000 square feet above the General Plan is reached in each zone? What types of development projects does the TPO cover? 3. General Plan Amendments vs. Non - General Plan Amendments. Does the initiative cover large and small development proposals that do not require General Plan Amendents? Does the TPO? 4. Elections. How many elections would the city have held due to General Plan Amendments over the past ten years? How much would this have cost the taxpayers of Newport Beach? 5. Administrative Cost. How many staff persons must be hired and how many taxpayer dollars must be spent over the next ten years to administer, oversee and implement the initiative? 6. TPO Toughest? How does the current TPO compare to other types of traffic mitigation ordinances in Orange County? Which past city projects have come under the TPO? What sort of impacts did the TPO have on those developments and how much additional traffic mitigation was required as a result? FEB -08 -2000 16.08 97% P.02 ttl. U. Cbb'I tl d7Yl'I L"I 1LMLIYI 5 1-UMII KLL NU. i(7 Y.d /Z City Council Talldng Points • TPO Toughest. We're proud that we have passed the toughest Traffic Mitigation Ordinance in Orange County. The TPO has resulted in millions of dollars of additional traffic mitigation contributions in recent years. ■ TPO Covers ALL Projects — Initiative Doesn't, Unlike the initiative — which covers only General Plan Amendments — the TPO covers EVERY project that generates one percent or more new traffic to a major intersection in the city. M TPO Raises Improvement Money — Initiative Doesn't. The TPO requires developers to pay to mitigate ALL the impacts of their projects — this is a solution oriented ordinance. The initiative doesn't require developers to mitigate any traffic problems — it simply calls for an election. ■ TPO Keeps City Vital — Initiative Ensures Stagnation. The TPO permits reasonable development to occur as long as it fully mitigates any new traffic it generates. The initiative prevents new updates to the General Plan. It locks in the current plan and prevents it from being updated in the future to meet changing needs. FEB -08 -2000 1608 97% P.03