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HomeMy WebLinkAboutC-2367 - Revision of the Newport Beach Recreation & Open Space Element1_• 0 0 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 fl 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 i 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. E 0 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. - 2 - 9 0 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. - 3 - 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 F 1 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 %1 By'! : City Manager THE PLANNING CENTER By C sultant - 5 - 4/21/83 EXHIBIT "A" SCOPE OF WORK PHASE ONE - INVENTORIES Development of Nomenclature 0 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 • i 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. 0 0 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. • 0 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. • C� 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. 0 0 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 • • 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 3 0 0 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. • • 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. • 0 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 9 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% 0 0 PROJECT SCHEDULE The planning program will be completed within three months, not including the public hearing phase of the effort. - 6 -