HomeMy WebLinkAboutC-2367 - Revision of the Newport Beach Recreation & Open Space Element1_•
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CITY OF NEWPORT BEACH
P.O. BOX 1768, NE \VPORT BEACH, CA 92663 3884
TO: FINANCE DIRECTOR
PLANNING DEPT
FROM: CITY CLERK
DATE: May 26, 1983
SUBJECT: Contract No. C -2367
OFFICE OF THE CITY CLERK
(714) 640 -2251
CGP't,t to P/)1apa, 4 l
Description of Contract Agreement for Professional Services
for revision of Newport Beach Recreation and Open Space Element
Effective date of Contract
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Authorized by Minute Action, approved on (NOT APPROVED BY COUNCIL ACTION)
Contract with The Planning Center
Address 240 Newport Center Drive
Suite 215
Newport Beach, CA 92660
Amount of Contract see agreement
W" ce
Wanda E. Andersen
City Clerk
WEA:lr
attach.
3.300 Newport Boulevard, Newport Beach
1 y AGREEMENT FOR PROFESSIONAL SERVICOS
Revision of the Newport Beach
Recreation and Open Space Element
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This Agreement is made and entered into this IL day of
1983, by and between the CITY OF NEWPORT BEACH, a municipal corpo ion,
hereinafter referred to as , "CITY ", and THE PLANNING CENTER, hereinafter
referred to as "CONSULTANT"
W I T N E S S E T H
WHEREAS, the CITY desires to revise the existing Newport Beach
Recreation and Open Space Element; and
WHEREAS, the services of a qualified consultant are necessary in order
to complete the revision of the Element.
WHEREAS, requests for proposals were prepared and distributed to
qualified consultants; and
WHEREAS, the proposal of CONSULTANT has been reviewed by the CITY and
found to be responsive to the request for proposal.
WHEREAS, the CITY desires to accept the proposal of CONSULTANT to
provide professional services in revising the Newport Beach Recreation and
Open Space Element,
NOW THEREFORE, in consideration of the foregoing, the parties hereto
agree as follows:
I. SERVICES TO BE PERFORMED BY CONSULTANT
CONSULTANT agrees to perform all services specified in the Scope
of Work, attached hereto and marked Exhibit "A ", which is incorporated herein
as though set forth in full. Such services shall be adequate to meet
requirements of the State of California relative to an Open Space Element of a
General Plan.
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CONSULTANT will invoice for services performed by study phase at
the hourly rates specified in Exhibit "A ".
CONSULTANT shall maintain all records of expenses and professional
services rendered, and shall make such records available for the CITY to
review during normal business hours.
II. DUTIES OF THE CITY
A. Compensation
The CITY, in consideration of the services to be performed by
CONSULTANT pursuant to this contract agrees to pay CONSULTANT the sum of
$25,000.00 with payment for professional services to be for each phase of work
as follows:
Phase One - Inventories $ 5,000.00
Phase Two - Survey $ 6,000.00
Phase Three - Synthesis, Evaluation and
Plan Preparation $ 7,500.00
Phase Four - Implementation Program $ 4,000.00
Phase Five - Public Hearings and
Final Report $ 3,000.00
TOTAL $25,000.00
B. The CITY shall make available to CONSULTANT such information
and materials as are available to the CITY which relate to services to be
performed by CONSULTANT.
C. The CITY will examine all studies, reports, sketches,
drawings, proposals and other documents presented by CONSULTANT and render in
writing decisions pertaining thereto within a reasonable time so as not to
delay the services of CONSULTANT.
D. The CITY will give prompt written notice to CONSULTANT when
the CITY observes or otherwise becomes aware of any defect in the project.
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III. AMENDMENTS TO WORK
The CITY reserves the right to order changes in the scope of
services to be performed by CONSULTANT hereunder. In the event that the CITY,
by way of modification, requires CONSULTANT to perform services in addition to
those specified herein, the CITY agrees to pay CONSULTANT the hourly rates
specified in Exhibit "A ".
The CITY further agrees to reimburse CONSULTANT for all expenses
reasonably incurred in the performance of the additional services required by
the amendment. Any amendment to the work hereunder shall be authorized in
writing by the CITY, and CONSULTANT shall perform no work in addition to work
set forth in Exhibit "A" unless authorized in writing by the CITY to do so.
IV. TERMINATION
The CITY reserves the right to terminate this agreement, without
cause, upon seven (7) days' written notice to CONSULTANT. In the event of a
termination of this agreement pursuant to this paragraph, the CITY shall pay
CONSULTANT for all tasks performed to the date of termination in accordance
with the itemization of professional services and expenses therefor, at rates
specified in Exhibit "A ".
V. ASSIGNMENT
CONSULTANT has been selected to perform the work herein on the
basis of its expertise and CONSULTANT is not permitted to delegate the duties
and responsibilities hereunder without first having obtained the prior written
consent of the CITY.
VI. OWNERSHIP OF DOCUMENTS
Drawings, reports, notes, maps, and other documents shall become
the property of the CITY and may be reproduced and utilized as deemed
necessary by the CITY.
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VII. LITIGATION SERVICES
In the event of any legal challenge to any action involving the
CITY wherein the validity of the revised Recreation and Open Space Element is
an issue, CONSULTANT agrees to reasonably cooperate with the CITY and its
attorneys in the defense of said litigation, and agrees to give such testimony
as may be reasonably required by the CITY to establish the validity of said
Element. The CITY agrees to compensate CONSULTANT for the performance of such
services at a rate equal to the then current billing rate and to reimburse
CONSULTANT for all expenses reasonably incurred during the course of the
performance of those services.
VIII. ARBITRATION
If, at any time, any controversy shall arise between the CITY and
CONSULTANT with respect to any matters arising out of or relating to this
agreement or the breach thereof, which the parties do not promptly resolve,
said controversy shall be decided by arbitration administered by and in
accordance with the rules of the American Arbitration Association then
obtaining, unless the parties mutually agree otherwise. This agreement to
arbitrate shall be specifically enforceable under the prevailing arbitration
law. The award rendered by the arbitrator shall be final and judgement may be
entered upon it in any court having jurisdiction thereof.
IX. NOTICES
Any notice required to be given pursuant to the terms and
conditions of this agreement, shall be deemed to have been given when
deposited in the U.S. mail, first- class, postage pre -paid, and addressed as
follows!
City of Newport Beach
Planning Department
3300 Newport Boulevard
Newport Beach, CA 92663
The Planning Center
240 Newport Center Dr.
Suite 215
Newport Beach, CA 92660
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IN WITNESS WHEREOF, the parties hereto have executed this agreement as
' of the day and year first written above.
APPROVED AS TO FORM:
Citt Attorney
SLG: nma
CITY OF NEWPORT BEACH
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By'!
:
City Manager
THE PLANNING CENTER
By
C sultant
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4/21/83
EXHIBIT "A"
SCOPE OF WORK
PHASE ONE - INVENTORIES
Development of Nomenclature
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It is important in a project of this type to develop a
glossary and definition of terms so everyone partici-
pating in the project will be speaking the same
language. It is particularly important when dealing
with standards and criteria to have a common under-
standing of the meaning of words or terminology. This
is very important to the open space component. It is
also important when structuring survey questionnaires,
making comparisons with other standards or when com-
paring Newport's recreational programs and levels of
service with those of other communities.
Task One deals with the process of developing a glos-
sary and definition of terms. These will be provided
to the City staff for review and modification prior to
finalization.
Definition of Standards
In a program where comparisons of levels of service
and activities are so important, it is necessary to
describe exactly what it is we are trying to measure
and those units of measurement which are most
important for comparisons. It is anticipated that a
duel set of definitions will be developed; those that
are applicable to levels of service and criteria with-
in the City of Newport Beach and the conversion of
those standards to units of measurement which are com-
parable to regional or national standards. Task Two
will define these standards and their importance.
Demographic Analysis
When planning recreational programs and facilities, it
is important to understand the characteristics of the
customer. For example, what are the income, educa-
tional and age levels of those people requiring
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recreational facilities. Task three will provide this
information through the analysis of available census
data. It is expected that the staff of the City can
make the census data readily available and can
critique the consultant's evaluation.
4. Service Area Determination
Tasks Three and Four are closely related. The distri-
bution of population and the characteristics of that
population is central to recreational planning. Task
Four will also evaluate some of the physical barrier
problems which may exist. Barriers such as freeways,
flood control channels and canyons, may have an
important impact on service area boundaries and the
type of recreational programs and facilities which are
planned for certain neighborhoods.
It should be readily apparent that Tasks One through
Four are very important to Phase Two surveys and must
be accomplished as the initial phase of the project.
5. Inventory of Existinq Facilities and Proqrams
Task Five will consist of an inventory and evaluation
of those facilities, recreational programs and passive
open spaces which exist at the time of the study.
Some inventory work has already been completed by the
City staff. This will not be duplicated but rather,
expanded to provide additional information at a more
detailed level with a special focus on problematic
areas in the previous element. For example, we must
know the number of picnic units and the types of play-
ground equipment which exist in each facility. We
must know the recreational programs offered at each
site and the number of participants. This type of
information will be gathered in Task Five through
on -site surveys. The inventory will include aquatic
facilities and school facilities which function as
recreational facilities.
6. Policy Inventory, Code Review and Analysis of Existin
Flans
Task Six will consist of a survey and analysis of City
policies contained in all relevant plans and programs
and those sections of the Municipal Code which relate
to the provision of park and open space 1 ands to
determine their impact on the program to date.
Policies and conditions which are not being enforced
will be identified and conflicting policies or the
need for additional policies will be pointed out.
City staff can provide important input to this task
by making reports available and reviewing the policy
inventory work conducted by the consultant. It is
within this task that we will inventory changes in
the element necessary to implement the Local Coastal
Program. This task will also feature an inventory of
State mandated components of the park and open space
element and program as they relate to the City and an
analysis of the City's local park code.
7. Assessment of Current Program Costs
Task Seven will be conducted by reviewing the Parks
and Recreation Department's Budget as well as the
Capital Improvement Program and other cost centers,
to determine acquisition, maintenance and operational
costs of the program. This cost will eventually be
compared to the number of participants as established
in Phase Two and projected to determine the long
range implications of the current level of service
being extended versus alternative levels of service.
Coordination with City Officials and Staff
Special coordination meetings with City officials and
staff have been identified separately because they
are of such importance. Not only can representatives
of the City provide data in the form of reports,
budgets and plans, but they provide insights into the
evolution of the project which is invaluable. It is
also important to determine what their major concerns
and ideas are regarding the program. They will also
provide important information to be considered and
evaluated in the design of the user survey question-
naire.
We propose the formation of an ad hoc committee com-
prised of Council, Planning Commission and Parks,
Beaches and Recreation Commission representatives as
well as City staff members. The Committee will meet
periodically through the duration of the project to
review early data and interim work products and to
provide feedback to the consultants through the
process.
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9. Survey of Other Communities
In order to have a basis for the evaluation of the
existing and proposed levels of service of the City's
program, we will select and evaluate two other
Southern California Coastal communities. We will
establish the level of service provided, standards
and criteria achieved, cost per participant, rela-
tionship to demographic characteristics, future
directions of their plans, as well as other factors
which may be important. Cities with significantly
different open space and recreation commitments will
be sought in this survey. City staff should assist
in the identification and selection of the other
communities.
10. Analysis of Private and Commercial Facilities
An overview of the role that private and commercial
facilities and passive open spaces play in meeting
the needs of the community will be performed as Task
Ten. An in -depth analysis could amount to another
study of the magnitude of this project. However, an
understanding and knowledge of the relationship of
public and private recreational facilities is
important. We will research available information on
this project and establish factors for use in our
evaluation procedures and projection techniques.
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PHASE TWO - SURVEY
Survey of Newport Beach Households
To establish use rates, it is important to obtain a sample
of residents to ascertain their present recreational
behavioral patterns. At a minimum, we need to answer the
following questions:
WHO recreates, in terms of their
teristics, e.g., age, educational
and geographic or planning area.
factors which account for major be
in terms of use wi l l then be used
answer the other sets of questions.
demographic charac-
level, sex, income
Those demographic
havioral differences
in the analysis to
WHERE do they recreate, with respect to types of public
and private facilities including, but not limited to,
classification of parks (neighborhood, regional,
special purpose, etc.); schools, public golf courses,
Y's, other private and commercial facilities. We will
also ascertain which of the above take place in Newport
Beach and which in other nearby jurisdictions.
HOW often do they recreate at the above. How distant
are the most typically used facilities and by what mode
do they travel to these facilities?
WHAT is the nature of the activities in which they
engage? To what extent are they program or plant -
oriented?
WHY do those who make little or no use of City parks
and recreational facilities make so little use of these
facilities?
In addition to the above basic questions, we would also
explain the emphasis on priorities the respondents would
like to place on the use of future expenditures. In other
words, obtain a prioritizing of expenditures between plant
and program. It is highly likely that these priorities
will differ by relevant demographic characteristics.
We feel the City's Utility Bill system provides one good
technique for reaching the public with a survey form. We
propose to work closely with the staff in developing the
questionnaire. We will summarize survey results and
report on our findings in a special report to the City
Council.
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In structuring the Survey methodology, we will work close-
ly with the staff to establish a system that provides use-
ful reliable data. Possible techniques include a full
survey of all residents, a random sampling or a stratified
sample. In execution of the survey, we are aware of the
need to understand property owner, tenant, business and
special interest group needs and attitudes. The optimal
method or combination of approaches will be resolved as
one of the first tasks in conjunction with the staff in
order to get maximum insight for the least cost. The
target for conducting the survey is the Month of June,
1983.
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PHASE THREE - SYNTHESIS, EVALUATION AND PLAN PREPARATION
From the survey data, which will provide participation
rates by alternative activity or program, and the activity
or facility cost which will be gathered in the inventory
phase, we will be able to estimate the required new
facilities for any level of service desired and the esti-
mated costs.
1. Determination of Current Level of Service
Task One consists of a comparison of demands and needs
as established through the completion of Phases One
and Two. A standardized technique will be used to
compare demand and supply through comparing facility
availability by day to facility need by day. The
product will be a determination of existing deficien-
cies and /or surpluses. A determination of program
expenditures to the number of participants will also
be conducted.
2. Projection of Needs and Demands
Task Two will consist of a projection, based on previ-
ously gathered demographic data and user surveys, of
the needs and demands of the future maximum population
of the City. A determination of future program expen-
ditures to number of participants will also be made.
3. User Fee Recommendations
Task Three will be a study of user fees to determine
ways to reduce the cost of the current level of ser-
vice and /or overall program costs.
4. Establish and Compare Alternative Levels of Service
Task Four will consist of the establishment of alter-
native levels of service. These will be compared to
the existing level of service and an evaluation of
alternatives will be made. Insofar as possible, com-
parisons with expenditures per participant, levels of
service and standards will be performed.
An evaluation of the pros and cons of each level of
service will be made to assist the City Council in the
selection of the most appropriate level of service for
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the City. The information and recommendations devel-
oped in Phase 3 will be assembled into a report from
for ease of review by the City decision makers.
Alternative plan scenarios, probably three to four, will
be generated for Council evaluation. It is anticipated
that the City will undertake environmental review of the
alternatives at this point.
Following the selection of a level of service and alterna-
tive plan by the City Council, a Plan wi11 be prepared
which will provide a program for current and short -range
action and a long -range program for the maximum population
of the City. The three basic components of the Plan
(element) will be the recreation component, open space
plan and bicycle trails plan.
The completion of five tasks will be required for the
development of the updated element.
5. Plan Preparation
Task Five consists of the preparation o
plan and description of the distribution
and open space. It will also identify
recreational programs and improvements
attain the desired level of service.
policy changes in this and other related
as well as suggested Code revisions will
6. Cost and Funding Recommendations
the physical
of facilities
items such as
necessary to
Recommended
program areas
be made.
Task Six will establish acquisition and operations
costs, recommended methods and techniques for reducing
current program costs and minimizing long -range or
projected expenditures .and improving efficiency.
Techniques such as acquisition, easements, density
transfer, concurrent zoning actions and others will be
addressed.
7. Proqram Evaluation
The Seventh Task will consist of the creation of a
recommended method for measuring program objectives
and keeping the plan current. If properly conceived,
this system can be used as a mechanism for evaluating
each new opportunity which might present itself in
terms of impact on the program, priorities and
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relative value. Such a system should have compati-
bility with the State's PARIS system. This will
facilitate grant qualifications.
Special Recommendations
Task Eight will consist of analysis and recommenda-
tions regarding the physical design or aesthetics for
physical plans and energy conservation measures. The
Task will also feature our analysis of specialized
situations such as City owned property which is not
now used for recreation /open space purposes but could
be adapted for that use.
In our opinion these items are almost extraneous to
the intent of this project and should only be
addressed by broad guidelines. The physical design of
facilities, including energy conservation measures,
should be developed on a case by case or site by site
basis and creativity should not be frustrated through
restrictive design criteria developed at this stage of
the planning process.
We have architects, landscape architects and environ-
mental planners on our staff who can take this task to
any level of detail. However, we have only programmed
for the development of general guidelines and recom-
mendations at this time.
9. Draft Report
This task is the compilation of all the previously
described products into a report. We will complete
all graphics and written materials and present one
draft copy to the City.
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PHASE FOUR - IMPLEMENTATION PROGRAM
The Implementation Program, which will be finalized during
this phase of work, will be designed as an administrative
handbook, separate from the Element. Hopefully, it will
be used daily to guide the decisions which will implement
the Element. It will contain a first year funding sched-
ule, priorities and phasing strategies for preserving
potential sites and areas, identification of funding
sources and desired levels of achievement. Naturally, it
will be most helpful and useful to the City during the
preparation of the annual budget. A generalized implemen-
tation section will be provided within the updated Element
which will enable many of the specific techniques encour-
aged in the separate handbook.
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PHASE FIVE - PUBLIC HEARINGS
Phase Five represents the public hearing phase of the
project. We have programmed consultant participation in
ten formal and informal public hearings.
We will prepare all exhibits for the hearings and will
provide the City with photo ready textual information
which might be distributed during the course of the hear-
ings.
We anticipate assistance from the staff throughout the
course of the project, but most particularly during the
public hearings. Hopefully, staff will have been involved
in the project to the degree that when the element is com-
pleted, they will be as well informed as the consultant
team and be ready to continue the administration of the
Plan.
Following the public hearng process we will incorporate
any changes mandated as a result of the hearings into the
final plan and the implementation program. We will then
provide the City with one photo ready copy of the revised
element and the implementation plan.
We anticipate two ad hoc committee meetings (at the con-
clusion of Phases I and II) two Council and /or Commission
study sessions and the remaining meetings devoted to
formal Parks and Recreation Commission, Planning Commis-
sion and City Council hearings.
PROGRAM BUDGET
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Overhead costs such as typing, xeroxing, travel and blue-
printing are included in our standard hourly rates. Off-
set printing costs are not included. However, our pro-
posed scope of work does not specify any requirements for
printed reports, instead we propose to provide the City
with photo ready copies, suitable for standard black and
white duplication, of all reports.
Standard hourly rates are:
Phase Four - Implementation Program $ 4,000.00
Phase Five - Public Hearings and Final
Report $ 3,000.00
$25,000.00
Bills will be submitted monthly to the City based on the
percentage of work completed.
STAFF LEVEL OF PARTICIPATION
It is anticipated the key staff members identified in this
proposal will be involved in this assignment as follows:
Ramella /Jackson 25%
Bell 40%
Card 35%
Principals
$75.00
per hour
Project Managers
$60.00
per hour
Planners
$40 to
$50.00 per
hour
Researchers
$30 to
$40.00 per
hour
Graphics
$35.00
per hour
Cost
by phase:
Phase
One - Inventories
$ 5,000.00
Phase
Two - Survey
$ 6,000.00
Phase
Three - Synthesis,
Evaluation and
Plan Preparation
$ 7,500.00
Phase Four - Implementation Program $ 4,000.00
Phase Five - Public Hearings and Final
Report $ 3,000.00
$25,000.00
Bills will be submitted monthly to the City based on the
percentage of work completed.
STAFF LEVEL OF PARTICIPATION
It is anticipated the key staff members identified in this
proposal will be involved in this assignment as follows:
Ramella /Jackson 25%
Bell 40%
Card 35%
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PROJECT SCHEDULE
The planning program will be completed within three
months, not including the public hearing phase of the
effort.
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