HomeMy WebLinkAboutC-4009 - PSA for the 2006-2014 Housing Element UpdatePROFESSIONAL SERVICES AGREEMENT WITH
PBS &J FOR THE 2006 -2014 HOUSING ELEMENT UPDATE
THIS AGREEMENT is made and entered into as of this 17th day of January, 2008, by
and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and
PBS &J, a Florida Corporation whose address is 12301 Wilshire Blvd., Suite 430, Los
Angeles, California, ( "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 perform an update of the 2006 Housing Element for the 2008-
2014 State Housing and Community Development planning period.
C. City desires to engage Consultant to update the Housing Element, including
incorporating recently adopted Regional Housing Needs Assessment (RHNA)
numbers, new legislative requirements since the last version and associated
analysis and statistical revisions.
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member[s] of Consultant for purposes of Project shall be Linda
Tatum, AICP and Jessie Barkley.
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 December, 2009, 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
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City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
Consultant shall perform the services in accordance with the schedule included
in 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 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 time and expense not -to- exceed
basis in accordance with the provisions of this Section. The update to the
Housing Element shall be in accordance and the Schedule of Billing Rates
attached hereto as Exhibit B and incorporated herein by reference. The required
environmental work shall not exceed $30,000. Consultant's compensation for all
work performed in accordance with this Agreement, including all reimbursable
items and subconsultant fees, shall not exceed a total of Eighty -four thousand
eight hundred sixty-eight Dollars and no /100 ($84,868) 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 number of hours spent
on all work billed on an hourly basis, 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.
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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:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and/or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit A.
4.4 Notwithstanding any other provision of this Agreement, when payments
made by City equal 90% of the maximum fee provided for in this
Agreement, no further payments shall be made until City has accepted the
final work under this Agreement.
5. PROJECT MANAGER
Consultant shall designate 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 Agreement term. Consultant has designated Linda Tatum,
AICP to be its Project Manager. Consultant shall not remove or reassign the
Project Manager or any personnel listed in Exhibit A or assign any new or
replacement personnel to the Project without the prior written consent of City.
City's approval shall not be unreasonably withheld with respect to the 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.
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ADMINISTRATION
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This Agreement will be administered by the Planning Department. Gregg
GREGG RAMIREZ shall be the Project Administrator and shall have the
authority to 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.
CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
STANDARD OF CARE
8.1 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 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. By delivery of completed
work, Consultant certifies that the work conforms to the requirements of
this Agreement and all applicable federal, state and local laws and the
professional standard of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and
expense, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature that is legally required of Consultant to practice its
profession. Consultant shall maintain a City of Newport Beach business
license during the term of this Agreement.
8.3 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.
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9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify and hold
harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties ") from and
against any and all claims (including, without limitation, claims for bodily injury,
death or damage to property), demands, obligations, damages, actions, causes
of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses
(including, without limitation, attorney's fees, disbursements and court costs)
(individually, a Claim; collectively, "Claims'), which may arise from or in any
manner relate to any breach of the terms and conditions of this Agreement, any
work performed or services provided under this Agreement including, without
limitation, defects in workmanship or materials or Consultant's presence or
activities conducted on the Project (including the negligent and /or willful acts,
errors and /or omissions of Consultant, its principals, officers, agents, employees,
vendors, suppliers, consultants, subcontractors, anyone employed by any of
them or for whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
negligence or willful misconduct of the Indemnified Parties. 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. This indemnity shall apply
to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or 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 approval
for 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 means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
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interest in the work to be performed
Consultant on the Project.
CITY POLICY
Consultant shall discuss and review all
direction with City's Project Administrator
in order to ensure the Project proceeds
and policies.
PROGRESS
City agrees to cooperate with the
matters relating to policy and Project
in advance of all critical decision points
in a manner consistent with City goals
Consultant is responsible for keeping the Project Administrator and /or his/her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. 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
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements.
Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
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Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) prior to such change. The insurer shall agree
to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which covers
the services to be performed in connection with this Agreement in
the minimum amount of one million dollars ($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
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iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either party
except after thirty (30) calendar days (10 calendar days written
notice of non - payment of premium) written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. 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.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: 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. 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.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the prior written authorization of City.
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17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
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.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all 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.
20. 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 and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of
City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. Consultant shall allow inspection of all
work, data, Documents, proceedings and activities related to the Agreement for a
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period of three (3) years from the date of final payment to Consultant under this
Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant 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/her designee
with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of return that City earned on its
investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
22. 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 what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and /or
restoration expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under the law or any other sections of this
Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
24. CONFLICTS OF INTEREST
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 any 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.
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 immediate
termination of this Agreement by City. Consultant shall indemnity and hold
harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
26. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
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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:
Attn: Gregg Ramirez
Planning Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -33XX
Fax: 949- 644 -33XX
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attention: Jessie Barkley
PBS &J
12301 Wilshire Blvd
Suite 430
Los Angeles, CA 90025
Phone: 310- 268 -8132
Fax: 310- 268 -8175
28. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, 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) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, and thereafter diligently take steps to cure
the default, the non - defaulting party may terminate the Agreement forthwith by
giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services satisfactorily
performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination,
Consultant shall deliver to City all reports, Documents and other information
developed or accumulated in the performance of this Agreement, whether in
draft or final form.
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29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30. 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.
31. 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.
32. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
33. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
reason of the authorship of the Agreement or any other rule of construction
which might otherwise apply.
34. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
35. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
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36. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
37. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
C -l'_ C ---
Aaron Harp, Assistant City Attorney
for the City of Newport Beach
ATTEST:
By- &� /9) .
aVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
By: 'Oe'.
Homer Bludau, tity Manager
for the City of Newport Beach
CONSULTANT:
/"/, Ja&
Linda F.Tatum
Title: PBS&J
Planning Group Manager
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
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CITY OF NEWPORT BEACH
HOUSING ELEMENT UPDATE
Scope of Work
This Scope of Work represents PBS &J's proposed work program to prepare the City of Newport
Beach's 2008 -2014 Housing Element update. We understand that certain portions of the Housing
Element will require revision to address the Department of Housing and Community Development's
(HCD) review letter of September 10, 2007, the City's new RHNA cycle allocation of 1,769 housing
units, new State legislation such as AB 1866 and AB 2634, and the inclusion of relevant demographic
and housing information.
TASK 1 Project Initiation
An initial conference call with PBS &J staff and City staff will take place to discuss project parameters,
refine and schedule the public outreach program, provide a list of needed data sources and define any
project protocols.
TASK 2 Needs Assessment, Constraints Analysis, and Accomplishments
Review
PBS &J will revise the City's existing Housing Needs Assessment to be consistent with State Housing
Element law and HCD's review checklist. State law requires that a Housing Element must contain a
thorough needs assessment, which describes and analyzes how the various characteristics and trends of
the City's population, households, housing market, and other factors interact with and shape current
and future housing needs.
Community Profile: The Community Profile will be updated to address any new available
demographic, economic, and housing data, new requirements to State housing law, (e.g., AB 1866 and
AB 2634), and information to address topics provided by HCD comment letter of September 10,
2007. It is understood that much of the original text of the Housing Needs Assessment will remain and that
the consultant team will only be updating relevant tables and portions of the document text.
It is assumed that the City will assist the consultant team by providing relevant information necessary to
update the Community Profile such as quantification of housing in the coastal zone, information on
second units, at -risk housing developments, condominium conversions and other data.
City of Newport Beach Housing Element Update
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Scope of Work
Specifically the following topics will be updated:
• Demographics, income, and employment trends
• Household characteristics
• Special needs populations (including seniors, large households, female - headed households, persons
with disabilities, the homeless, farm labor, military personnel, and students)
• Housing type and growth trends
it Housing market conditions —new home ownership and rental data
• Housing problems (including condition, overpayment, and overcrowding)
• At -Risk housing analysis
Constraints Analysis: This section will be revised, as necessary, to reflect comments provided in the
HCD comment letter of September 10, 2007, new State regulations, and new zoning categories created
as part of the comprehensive zoning ordinance update.
Review of Past Accomplishments: The current Housing Element will be reviewed to include any
additional accomplishments that have occurred since 2006. It is assumed that City staff will assist the
consultant team by providing information on City programs.
TASK 3 Residential Sites Inventory and RHNA Accommodation
PBS &J will evaluate the availability of vacant and underutilized land, financial resources, and
administrative resources to facilitate future residential development to meet the City's 2008 -2014
RHNA allocation of 1,769 units. Effectively addressing HCD's comments for adequate site capacity
within the Airport Area and Newport Center will be the key component of the Housing Element
update.
Specifically, the sites inventory discussion will be expanded to address the following comments provided
in the HCD September 10, 2007, comment letter. These items are as follows:
• More detailed description of the impact of parcel size on development feasibility
• Discussion that demonstrates mixed -use development or stand alone development are realistic for
vacant and under - utilized sites
• Explanation whether redevelopment, recycling or site intensification would require lot consolidation
to allow additional development
• Further clarification that the noise and height restrictions in the John Wayne Airport AELUP would
not impact housing capacities
It is assumed that City staff will provide GIS support for the creation of any new Housing site maps.
City of Newport Beach Hc;sing Element Update 2
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Scope of Work
TASK 4 Housing Plan Preparation
Task 4.1 Evaluat on of Past Accomplishments and Potential Housing Programs
PBS &J will discuss with City staff to determine the extent to which the City may want to revise any
housing element programs. As mentioned in the HCD comment letter of September 10, 2007,
Policy H.2.3 must include additional programs to facilitate the development of underutilized and /or
mixed -use sites. Additional programs may be included as necessary to address any new legislative
requirements and/or any additions by City staff. However, it is anticipated that changes to the existing
policies and programs will be minimal.
TASK 5 Community Participation Plan
Task 5.1 Community Workshops
Based upon discussions with City staff regarding the objectives and strategy for community
participation, PBS &J will prepare for up to two (2) community workshops. PBS &J understands that
the primary purpose of the workshops is to meet the community outreach objectives for the Housing
Element set forth by HCD, to advise the public about the Housing Element document and its purpose,
and to solicit information from service providers and housing developers.
The first community workshop will take place as part of the General Plan Implementation Workshop
series already being developed by City staff.
PBS &J suggests that the second workshop could be a targeted "round table" discussion with up to
fifteen local service providers and mixed - use /affordable housing developers. The purpose of this round
table discussion is to provide input on potential regulatory and financial incentives that could facilitate
affordable housing development within key areas of the community such as the Airport Area and
Newport Center. These incentives will become part of appropriate new housing element programs (see
HCD comment letter on Policy H2.3).
PBS &J will provide all the presentation materials for the meeting, including any applicable PowerPoint
presentations and poster boards, and will keep a written summary of the comments received.
It is assumed that City staff will be responsible for all noticing and advertising far both workshops.
Task 5.2 Planning Commission and City Council Hear!ngs on the Draft Housing Element
We propose a total of four public hearings (two hearing with the Planning Commission and two with
the City Council). One set of public hearings will be completed prior to sending the Draft Housing
Element to the Department of Housing and Community Development for their formal review and
comment. The second set of sessions will involve formal adoption of the Housing Element.
Specific tasks are as follows:
City of Newport Beach Housing Element Update 3
0 0
Scope of Work
Planning Commission Pubhc Heari. ^.g
PBS &J will conduct one hearing before the Planning Commission that provides a detailed overview of
revisions that have occurred in draft Housing Element. The purpose of the hearing is for the Planning
Commission to recommend the draft Housing Element, with changes, to the City Council. PBS &J will
prepare all presentation materials for the public hearing. We assume that the City will make all
arrangements and prepare noticing for the meetings.
City Council Pubic Hearing
Following recommendations from the Planning Commission we will conduct a hearing with the City
Council that provides a detailed overview of the draft Housing Element prior to the release of the
Housing Element to HCD for their review and comment. PBS &J will prepare all presentation materials
for the public hearing. We assume that the City will make all arrangements and prepare noticing for the
meetings.
TASK 6 HCD Review
The updated Housing Element will be submitted for HCD review for the mandatory 60 -day review.
PBS &J will be responsible for revisions to the Element to address HCD comments. All revisions will be
prepared in underline /strikeout format to focus HCD reviews on changed tent. We are anticipating one
round of revisions to negotiate policy concerns and provide supplemental information. This budget
provides an allowance of 36 hours for revisions.
While our goal is to achieve HCD certification of the Housing Element, certification is not guaranteed
Should a consensus on policy commitment cannot be reached between the City of Newport Beach and HCD,
the City can choose to adopt the Housing Element with findings that indicate the Housing Element as
substantially complies with State law.
TASK 7 Planning Commission and City Council Hearings — Adoption of Final
Housing Element
The final task will be to commence with the adoption of the Housing Element. During this stage we
have budgeted one hearing with the Planning Commission and one hearing with the City Council on
the Final Housing Element. For the public hearings during this stage, PBS &J staff will provide a policy
level overview of the Housing Element, focusing on revisions since the initial draft was submitted. We
assume that the City will make all arrangements and noticing for the meetings. Our budget provides an
allowance for public hearings, with all hearing attendance to be billed on a time - and - materials basis.
TASK 8 Final Housing Element
PBS &J will produce a final electronic copy of the Housing Element and one original reproducible hard
copy of the final Adopted Housing Element.
City of Newport Beach Housing Element Update
Attachment A
NEWPORT BEACH Housing Element Update
October 2007
Hours
a
e
i
u
Task
$163
$120
$ITS
$123
Cost
Estimated labor
Housing Element Update
Update Community Needs
I Update denwgrophk and hming InformatEon and
8
25
S4,320
At ot
Update Comaalms Section
Ms section wM be updated to re8osf new state
8
I
$3.000
law and Mw aw 0II01
-tb
- 30
_
_
S6,240
_
Updaro HousEng Resources Section land use resource. will be upda•ed to reflect new
RHNA_oflocation and MCD comments
10
_ 20
_
_ _
54,030
UpdoteHausesp Aucnpltshmonn se soclon to reflect new RHNA cycle
Update Hawing_ Beme,n Porkies
�R
_Coordinate with City to reflect HCO_cemmems -
8 _
h t0-
-
-
_ S2,520
Attend 1 W*Aftp
Assumes this will be coardinotod with the OP
10
16
8
34A90
Implarrommion W
_
Attend Houdng Roundtable
Coordinate Housing 'rou dtoblo' werkd"
10
16
8
2
$4,740
1-orksisop 2 }_
M -
Mops
pdairr le en
�Updote Housbtg Element mops (ouumm new mops
�
4
S500
-
-91 produced
-
Former
- do a rmem --
l Earmot Do=om ksdrJ-ng ether me edi.
- - -- -
8
_. 1a
12
8
_
2
$1380
$4170
lnoorParoto ony Chy Comrs"is rRewse pm City aommenn_ _ _ -
CoordiMto MCO Commems _
_AStuMs cro round of HCO co mwmti _
16
20
2
-
$5,270
Project Monagwom and �,Cowd'ewtian wuh City louaeOS proton
��
coordination Vuh the City
monagemom, t kfgenon meeting and up to 3
18
22
8
4
S7A30
— _ – — -
conference colb�_
--
-
Public Hearing
Assume. 2 plenrkq commisdoo, and 2 City Coundl
Heertrsg (ksduding prepotafkn of Powerpoint
20
24
4
$6,640
reteraatlort )
[I
`Total Hoses _ _ - - - -
_ 132 _21.1 SO_ i� 12
�
; 54,350
jr fmol lobw
$21,780
M,320
SS SO
5 00
Estimated Direct Costs/Egmistat
Direct costs -
A�e""-_,�r,woaa�. g�wa pe,�e, girds. Farr^- 2 copW$ of pamod �kr Element are _
_SASo
�-
Suboarsuhom Admin Fee I SS:
II�—
568
TOW Diced Cab /Ewpamm it
$5 18
TOTAL ESTIMATED COST
$54,868
Aa empkpa4l90ad company
HOURLY BILLING RATES AND JOB CLASSIFICATIONS
California Sciences and Planning Division
Senior Division Manager / Principal Technical Professional .................. ......................$190 —$260 / hour
Senior Program Manager / Senior Project Director / Senior Planner IV /
Senior Scientist IV ..................................... ................................................................. $175 —$220 / hour
Program Manager I Senior Environmental Manager III I Project Director I
Senior Planner III / Senior Scientist III ................. ............................... .......................$1504190 / hour
Senior Environmental Manager / Senior Planner II / Senior Scientist II /
Senior Engineer I1 ................................................... ............................... .....................$120 -.$160 / hour
Associate Environmental Manager / Associate Planner / Senior Scientist I .....................$95 —$125 / hour
Environmental Specialist / Planner II / Scientist I1 ............................ ............................$85 —$110 / hour
Environmental Analyst / Planner I / Scientist I ........ ........................................................ $65 —$90 /hour
Senior Administrator ......................................................................... ............................$90 —$120 / hour
Senior Word Processor ............................................. ............................... ......................$75—$100 -/ hour
WordProcessor ...................................................................................... ........................$65 —$90 / hour
Administrative........................................................................................ ........................$55 —$80 / hour
Technical Aide I / Technical Intern I ...................................................... ........................$45 —$65 / hour
Mileage...................................................................................:............. ............................... $.485 / mile
In addition, identifiable, nonsalary costs that are directly attributable to the project (i.e., travel, meals, lodging, auto
reamis, printing and copies, graphic materials, phone charges, equipment and specialized computer charges, etc.) and
subcontractor fees include a 15% administration charge to cover overhead and administration.
4. pees for litigation and expert witness services will be charged at $450.00 per hour with a 4-hour minimum per day.
• q--k� •
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 1
December 18, 2007
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
Gregg Ramirez, Senior Planner
(949) 644 -3219, gramirez@ city .newport- beach.ca.us
SUBJECT: Professional Services Agreement for Housing Element Update
1. Authorize the City Manager to execute a Professional Services Agreement with
PBS&J for the 2006 -2014 Housing Element Update and related CEQA review.
2. Approve a budget amendment increasing the expenditure appropriation of 2710-
8080 by $84,868 from the General Fund unappropriated fund balance
DISCUSSION:
Background:
In September 2007 the State Department of Housing and Community Development
(HCD) adopted Regional Housing Needs Assessment numbers (RHNA) for the
Southern California Association of Governments (SCAG) region. The new RHNA
allocation designates the number of dwelling units each SCAG jurisdiction must provide
during the 2006 -2014 HCD planning period. The City's allocation is 1,784 dwelling units.
The adoption of the RHNA allocation coincides with the requirement to prepare an
update of the Housing Element that includes the new RHNA.
The current Housing Element was adopted by the City Council in July of 2006. Approval
of Measure V by the voters in November 2007 meant that the housing opportunity sites
Identified therein, such as those in Newport Center and the Airport Area, could remain
unchanged.
Since adoption, Staff has submitted two draft revised Housing Elements to HCD In
hopes of obtaining certification of the revised element but has to data been
unsuccessful. Based on communications with HCD, the adopted element contains most
of the statutory requirements for the 2008 -2014 planning period. However, since
Housii Element Update PSA
December 18, 2007
Page 2
adoption in 2006, several new statutory requirements, including a detailed inventory and
analysis of the housing opportunity sites and polices and programs that address how
sites will be redeveloped with housing or mixed use, have been added. Staff believes
the most efficient course of action is to proceed with preparing the update reflecting the
new RHNA, new statutory requirements and update the demographic statistics and
related narrative. The update process will also include the required public outreach in
the fort of two public workshops.
Environmental Review
The PSA is not defined as a project subject to CEQA; however, the update to the
Housing Element is. It may be possible to do an addendum to the General Plan EIR
however, this needs further analysis by staff and the consultant. If an addendum cannot
be done, environmental review will be conducted pursuant to CEQA requirements.
Schedule
The schedule identifies tasks for the period of January 2008 — October 2008. The
schedule calls for a draft to be prepared for Planning Commission and City Council
review and comment before submittal to HCD. Formal adoption hearings will be
scheduled after staff and HCD agree on the final contents of Element.
The schedule also includes two public workshops. It is anticipated that one workshop
will take place concurrently with a General Plan Implementation(Zoning Code Rewrite
public workshop and the other will be a focused housing event.
Budget
The budget for the project is divided into the Element Update and the environmental
review that totals $84,868.
Housing Element Update — Attachment A of the Proposal indicates the cost of services
to be $54,868.
Environmental Review — Although the exact extent of environmental review is unknown,
staff and the consult agree that a budget of $30,000 will likely cover costs.
Consultant Team
The consultant for this project will be PBS&J. The consultant team will include Linda
Tatum, Program Manager and Jessie Barkley, Senior Planner. During the latter stages
of our General Plan Update, EIP Associates was purchased by PBS&J. Jessie Barkley
played the lead role in the 2006 Housing Element and is familiar not only with the
Housing Element Update PSA
December 18, 2007
Page 3
Housing Element but the General Plan as a whole. Additionally, EIP/PBSW prepared
the General Plan EIR.
Public Notice:
Public notice is not required for this item.
Prepared by:
Gregg,13.MaminS z-
Senior Planner
Attachment:
Submitted by:
David Lepo
Planning Dire 6raIr
A. Proposal for Housing Element Update from PBSW
0
Attachment A
0
4.
r •
An empkoe -awed aomAefi
October 30, 2007
Gregg Ramirez
Senior Planner
City of Newport Beach
P.O. Box 1768
Newport Be", California 92658 -8915
Subject: General Plan Housing Element Update
Dear Mr. Ramirez:
PBS &J is pleased to submit this proposal for professional services to assist the City of Newport Beach in
the preparation of its Housing Element update to reflect the new RHNA cycle and comments provided
by the Department of Housing and Community Development (HCD). It is submitted in response to
your oral request and addresses the objectives discussed by HCD. Jessie Barkley, Senior Planner and
Linda Tatum, Program Manager will serve as the primary staff on the Housing Element update.
In general, the tasks will involve the following•.
a. Update of demographic and housing information and associated text
b. Update of Housing Element constraints section in response to new state law and zoning
categories
c. Revision of Housing Element accomplishments
d. Revision and update of housing resources text to reflect the new RHNA allocation and the HCD
comment letter of September 10, 2007
e. Attendance at Planning Commission and City Council public hearings and two workshops.
£ Participation in coordination meetings and conference calls with City staff.
We ate prepared to commence the work program on notification from the City of Newport Beach
regarding the acceptability of the work scope and budget.
Sincerely,
PBS &J
Jessie Barkley
Senior Planner
Planning + Urban Design
Linda F. Tatum, AICP
Program Manager
Planning + Urban Design
12301 VAlshire Baud yard o Saite 430 • Los Angeles, Calgamia 90025 • Telephone: 310268.8132 • Far: 310.268.8175 • www.pb4cm
l
SCHEDULE
The following schedule is developed based on discussions with City staff, our proposed
scope of work, as well as our experience in preparing Housing Elements.
The Housing Element update is due June 30, 2008 with a W day review period. After the
Housing Element is formally adopted by the City Council, after addressing any HCD
comments, the Housing Element is resubmitted to HCD for a 90-day review.
While we will aim to have a Draft Housing Element to HCD for review by the June 30
2008 deadline, based on unknown factors (excessive comments by HCD, extra hearings
required) will do not believe that having an adopted Housing Element is possible by this
deadline.
Housing Element Schedule
1. Contract Initiation
Deoember2DO7
2. Project Kick -off conference call
2i4 Week of January, 2008
3. Receipt of any requested information/data by PBS &J January 31, 2008
4. Housing Workshop #1
March, 2008
5. Housing Workshop #2 (developer roundtable)
March, 2008
S. Administrative Draft Housing Element
April 15, 2008
7. Draft Housing Element (based on staff comments received within 2 weeks)
May 15, 2008
8. Planning Commission Hearing
June, 2008
9. City Council Hearing
June 2008
10. Submittal of Draft Housing Element to HCD
June 30, 2008
11. HCD 60-day review
ending August, 2008
12. Address HCD changes (assumes minor edits)
September, 2008
13. Planning Commission Adoption Hearing
late SeptembedOctober, 2008
14. City Council Adoption Hearing
late September/October, 2008
15. Submittal of Adopted Housing Element to HCD
October, 2008
(Q
0 9
CITY OF NEWPORT BEACH
HOUSING ELEMENT UPDATE
Scope of Work
This Scope of Work represents PBS &J's proposed work program to prepare the City of Newport
Beach's 2008 -2014 Housing Element update. We understand that certain portions of the Housing
Element will require revision w address the Department of Housing and Community Development's
(HCD) review letter of September 10, 2007, the City's new RHNA cycle allocation of 1,769 housing
units, new State legislation such as AB 1866 and AB 2634, and the inclusion of relevant demographic
and housing information.
TASK 1 Project Initiation
An initial conference call with PBS &J staff and City staff will take place to discuss project parameters,
refine and schedule the public outreach program, provide a list of needed data sources and define any
project protocols.
TASK 2 Needs Assessment, Constraints Analysis, and Accomplishments
Review
PBS &J will revise the City's existing Housing Needs Assessment to be consistent with State Housing
Element law and HCD's review checklist. State law requires that a Housing Element must contain a
thorough needs assessment, which describes and analyzes how the various characteristics and trends of
the City's population, households, housing market, and other factors interact with and shape current
and future housing needs.
Community Profile: The Community Profile will be updated to address any new available
demographic, economic, and housing data, new requirements to State housing law, (e g., AB 1866 and
AB 2634), and information to address topics provided by HCD comment letter of September 10,
2007. It is undersmod that much of the original text of the Horsing Needs Asrtssment will remain and that
the mmultant seam mill only be updating relevant tablet and portion; of the document trxr.
It is assumed that the City will assist the consultant team by providing relevant information necessary to
update the Community Profile such as quantification of housing in the coastal zone, information on
second units, at -risk housing developments, condominium conversions and other data.
City of Newport Beach Housing Element Update
1
•
9
Scope of Work
Specifically the following topics will be updated:
• Demographics, income, and employment trends
• Household characteristics
• Special needs populations (including seniors, large households, kmale- headed households, persons
with disabilities, the homeless, farm labor, military personnel, and students)
• Housing type and growth trends
• Housing market conditions —new home ownership and rental data
• Housing problems (including condition, overpayment, and overcrowding)
• At -Risk housing analysis
Constraints Analysis: This section will be revised, as necessary, to reflect comments provided in the
HCD comment letter of September 10, 2007, new State regulations, and new zoning categories created
as part of the comprehensive zoning ordinance update.
Review of Past Accomplishments: The current Housing Element will be reviewed to include any
additional accomplishments that have occurred since 2006. It is assumed that City staff will assist the
consultant team by providing information on City programs.
TASK 3 Residential Sites inventory and RHNA Accommodation
PBS &J will evaluate the availability of vacant and underutilized land, financial resources, and
administrative resources to facilitate future residential development to meet the City's 200 -2014
RHNA allocation of 1,769 units. Effectively addressing HCD's comments for adequate site capacity
within the Airport Area and Newport Center will be the key component of the Housing Element
update.
Specifically, the sites inventory discussion will be expanded to address the following comments provided
in the HCD September 10, 2007, comment letter. These items are as follows:
• More detailed description of the impact of parcel size on development feasibility
• Discussion that demonstrates mixed -use development or stand alone development are realistic for
vacant and under- utilized sites
• Explanation whether redevelopment, recycling or site intensification would require lot consolidation
to allow additional development
• Further clarification that the noise and height restrictions in the John Wayne Airport AELUP would
not impact housing capacities
It u atsumed that City staff wdl prevuk GISxxpportfor the oration ofany new Homing site maps.
City of (Newport Beach Housing Element update
0
• i
Scope of Work
TASK 4 Housing Plan Preparation
Task 4.1 Evaluation of Past Accomplishments and Potential Housing Programs
PBS &J will discuss with City staff to determine the extent to which the City may want to revise any
housing element programs. As mentioned in the HCD continent letter of September 10, 2007,
Policy H.2.3 must include additional programs to facilitate the development of underutilized and/or
mixed -use sites. Additional programs may be included as necessary to address any new legislative
requirements and/or any additions by City surf. However, it is anticipated that changes to the existing
policies and programs will be minimal.
TASK 5 Community Participation Plan
Task 5.1 Community Workshops
Based upon ,discussions with City staff regarding the objectives and strategy for community
participation, PBS &J will prepare for up to two (2) community workshops. PBS &J understands that
the primary purpose of the workshops is to meet the community outreach objectives for the Housing
Element set forth by HCD, to advise the public about the Housing Element document and is purpose,
and to solicit information from service providers and housing developers.
The first community workshop will take place as part of the General Plan Implementation Workshop
series already being developed by City stall.
PBS &J suggests that the second workshop could be a targeted "round table discussion with up to
fifieen local service providers and mixed- use/affordable housing developers. The purpose of this round
table discussion is to provide input on potential regulatory and financial incentives that could facilitate
affordable housing development within key areas of the community such as the Airport Area and
Newport Center. These incentives will become part of appropriate new housing element programs (see
HCD comment letter on Policy H2.3).
PBS &J will provide all the presentation materials for the meeting, including any applicable PowerPoint
presentations and poster boards, and will keep a written summary of the comments received.
It it asrumed that City rtaff will be respenstbte for a& noticing and adwrdrIngfor both workrhopr.
Task 5.2 Planning Commission and City Council Hearings on the Draft Housing Element
We propose a total of four public hearings (two hearing with the Planning Commission and two with
the City Council). One set of public hearings will be completed prior to sending the Draft Housing
Element to the Department of Housing and Community Development for their formal review and
comment. The second or of sessions will involve formal adoption of the Housing Element.
Specific tasks arc as follows:
City of Newport Beach Housing Element Update
Scope of Work
Planning Commission Public Hearing
PBS &j will conduct one hearing before the Planning Commission that provides a detailed overview of
revisions that have occurred in draft Housing Element. The purpose of the hearing is for the Planning
Commission to recommend the draft Housing Element, with changes, to the City Council. PBS &j will
prepare all presentation materials for the public hearing. We assume that the City will snake all
arrangements and prepare noticing for die meetings.
City Council Public Hearing
Following recommendations from the Planning Commission we will conduct a hearing with the City
Council that provides a derailed overview of the draft Housing Element prior to the release of the
Housing Element to HCD for their review and comment. PBS &j will prepare all presentation materials
for the public hearing. We assume that the City will make all arrangements and prepare noticing for the
meetings.
TASK 6 HCD Review
The updated Housing Element will be submitted for HCD review for the mandatory 60 -day review.
PBS&j will be responsible for revisions to the Ekment to address HCD comments. All revisions will be
prepared in underlinelstrikeout format to focus HCD reviews on changed text. We are anticipating one
round of revisions to negotiate policy concerns and provide supplemental information. This budget
provides an allowance of 36 hours for revisions.
While our goal is to achieve HCD crrtifuation of the Housing Edemenk cnriifleddon it not guaranAvd
Should a consensus on policy commitment cannot be reached beturen the City of NewPort Brach oral HCD,
the City con choose to adapt the Housing Element with findings that indicate the Hosting Element as
substm dally complies tooth State law.
TASK 7 Planning Commission and City Council Hearings — Adoption of Final
Housing Element
The final task will be to commence with the adoption of the Housing Element During this stage we
have budgeted one hearing with the Planning Commission and one hearing with the City Council on
the Final Housing Element. For the public hearings during this stage, PBS &j staff will provide a policy
level overview of the Housing Element, focusing on revisions since the initial draft was submitted. We
assume that the City will make all arrangements and noticing for the meetings. Our budget provides an
allowance for public hearings, with all hearing attendance to be billed on a time- and - materials basis.
TASK 8 Final Housing Element
PBS &j will produce a final electronic copy of the Housing Element and one original reproducible hard
copy of the final Adopted Housing Element.
City of Newport Beach Housing Element Update
1°
0
Attocbmord A
NEWPORT BEACH Hoeing Elemom Update
Odobor2007
0
Noun
6
o
O
5165
5120
5115
0 5113
Task
Cott
EtgiiplbJiL3v'r "r" ui.,
Howfrfp ElannermUpdate
Updo» Community Head,
update demogroptk end hwwg tnforroollon and
8
25
ft,01f1
Murumera
minor text
a
8 ®
Update Cataroieb Seaton
1TS, section "40 be updated to reflect resw uata
i l
55,000
law and row =nbc ecteverfes
Update Hovskg Retewcos Seabn
lord use retwn es -M be updated to ref to reew
16
30
_
Soto
RHMA allocation and Hm oorameeea
U �dae flosaing Amor=11d meros_
Rertw reason to reflect ner RHHA cycle
10
20
5•
Uodwo Houstno Element frow"
Coordinate wTlh Ory to retina HM comments
Aeocsees deb will be eoordncted wide tlo OP
0
10
t0 _
16
6
$2,520
S4,490
Anted 1 Waledtop
Implamorstalon W
2
woo
_
Mond Ilou,4p Rowtdtebe
CoadMte /fovasg'rou tdiabW woftAOp
10
16
_
I 0
J.,wirdi2p 21
tUpdao Hanieg Element mops (awaet reev mops
Mop+
A
$500
i43 be peockmed by the CW4
Formca dom mens
_
Fames Occumare lactdfrso c*w minor odts
12
11
51,380
-• my cry Coamwas
ReaLe per CM comments
8
14
8
2
S/ 170
Coordiento HCO comments,
Assumsers ores rood of HCO eommwa,.
16
20
2—
S5 270
Prolse Monogemmd and
Coadieorton wth City (awrmt proles
com4inc Lion wet the City
management, 1 ir.perton meeting and up to 3
is
22
B
A
57,020
o rderanw 0c%)
Ktft "Daft
Z. 2 plmNrp mrrmh,twl and 2 City Coundl
Hoaft (Mlud►rg preporotlon of Poworpoie
;20
2A
50,6x0
larosommlord
Eaal Haan
2
211
So
12
$3,350
S21 80
1 S25 ?fl
SS 5D,
31
Tora1 tabor
Duce ours
INAaago. plot000p0iq rw_�paser Eoadr•= FedEx.
2 copies of prtaed Housing ENaesnt ore
SAM
68
Sr bmraullow Admtn Pee 1 Sib
0
Town Dine Cosb /Enpemet
Q
$518
'TOTAL ESTIMATED, COST
$54,868
0 0
PBSJ
An amphrye 4mVd comvaiW
HOURLY BILLING RATES AND JOB CLASSIFICATIONS
Calftomia Sciences and Planning Division
Senior Division Manager / Principal Technical Profession) ........................................ $190 —$260/ hour
Senior Program Manager / Senior Project Director / Senior Planner IV
Senior Scientist IV ...................................................... ............................... $1754220 / hour
.................
Program Manager / Senior Environmental Manager III / Project Director /
Senior Planner III / Senior Scientist III ...................... ............................... ..................$150
$190 / hour
Senior Environmental Manager 1 Senior Planner II / Senior Scientist II / .
Senior Engineer II .................................................. ............................... ......................$12041601
hour
Associate Environmental Manager / Associate Planner / Senior Scientist I .....................$954125
/ hour
Environmental Specialist / Planner 111 Scientist Il .. ............................... .......................$854110
/ hour
Environmental Analyst / Planner I / Scientist I .................................... ............................$65
—$901 hour
Senior Administrator ...................... ............................................................................... $90 —$120 / hour
Senior Word Processor ....................................................................... ...........................$'75
—$100 / hour
Word Processor ................... ............................... ................................ ........................$65
—$90 / hour
Administrative
Technical Aide I / Technical Intern I
Mileage
........ .......................$55 —$80 / hour
....... ........................$45465 / hour
$.485 / mile
In addition, identifiable, uonsalary costs that are directly attributable to the project 0.P travel, meals, lodging, auto
rentals, printing and copies, graphic materials, phone charges, equipment and specialized computer charges, etc.) and
subcontractor fen include a 15% administration charge to cover overhead and administration.
1. This schedule is effective until January 1, 2008, and is subject to annual and / or periodic revisions thereafter, as
necessary to accommodate inflationary trends, salary adjustments, and the general costs of business.
2. Invoices wilt be submitted by Consultant monthly. Client will notify Consultant in writing, of any objections to
an invoice within ten (10) days of the date of invoice. Othc wise, the invoice shall be deemed acceptable by the
Client Amounts indicated on invoices are due and payable immediately upon receipt.
3. A late payment finance charge at a rate of 18% per arum (or the maximum amount allowed per law if lower) will
be applied to any unpaid balance commencing thirty (30) days afar the date of the original invoice.
4. Fees for litigation and expert witness services will be charged at $ 450.00 per hour with a 4-hour minimum per day.
Nee
Oy of Newport Beach No. BA- 08BA -034
BUDGET AMENDMENT
2007 -08 AMOUNT: :84,888.00
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
PX from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To increase expenditure appropriations from unappropriated General Fund Fund Balance for the Housing Element
Update and related environmental review.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account Description
010 5805 General Fund - Fund Balance
REVENUE ESTIMATES (3601)
Fund0vision Account Description
EXPENDITURE APPROPRIATIONS (3603)
Amount
Debit Credit
$84.868.00 "
Description
Division Number 2710 Planning- Administration
A000unt Number 8080 Services - Professional & Technical $84,888.00
Division Number
Account Number
Division Number
Account Number
Division Number
Account Number
Division Number
Account Number
^ AWWWO Syahm Enpy.
Signed:�.di1��
Financial Approval: Adminie iVe Services Director Date
Signed: imssti V��
minisirative A • ak by Manager
Signed:
City Council Approval: City Clerk
Date