HomeMy WebLinkAboutC-3620 - PSA for General Plan Update Processa
i
FOURTH AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, entered into this aif—� day of March 2007, by and between
CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to as °City ")
and EIP Associates, Inc., whose address is 12301 Wilshire Boulevard, Suite 430, Los
Angeles, CA 90025 (hereinafter referred to as "Consultant'), is made with reference to
the following:
RECITALS
A. City and Consultant entered into a Professional Services Agreement for a
General Plan Update on June 10, 2003.
B. The Professional Services Agreement was amended on August 10, 2004,
increasing total compensation to consultant to $1,023,656.
C. The Professional Services Agreement was amended on March 28, 2006,
increasing total compensation to $1,575,787.
D. The Professional Services Agreement was amended on August 22, 2006,
increasing total compensation to $1,718,057.00.
E. The Parties desire to amend the agreement to provide for preparation of the
administrative record on the environmental impact report and response to
comments from the State Department of Housing and Community Development
on the Housing Element.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. COMPENSATION TO CONSULTANT
Paragraph 3, Compensation to Consultant, is amended to provide that
Consultant's compensation for all work performed in accordance with this agreement
shall not exceed One Million, Seven Hundred Ninety-Five Thousand, Twenty-Two
Dollars ($1,795,022.00).
3. NO AMENDMENTS TO REMAINDER OF AGREEMENT
All other provisions of the Agreement shall remain in force and effect in their
original form.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed on the day and year first written above.
CITY OF NEWPORT BEACH
A Mu icipal oration
By:
Steven Rosansky, M o
ATTE T:
LaVonne Harkless, City Clerk
CONSULTANT
EIP Assoc' -[nr..
By:
Terri Vitar, Regional Vice President
P)
0 0
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed on the day and year first written above.
CITY OF NEWPORT BEACH.
A Mu 'c"al oration
By:
Steven Rosansky, M o
ATTEST:
0
a -Vonne Harkless, City Clerk
CONSULTANT
EIP Assoc'
By:
Terri Vitar, Regional ce President
F y
• CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 6
March 27, F T/DO mow/
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COU C
FROM: City Manager's Office Q
Sharon Wood, Assistant City Manager
949 - 644 -3222, swood @city.newport- beach.ca.us
SUBJECT: Amendment to Professional Services Agreement with EIP
Associates, Inc. and Budget Amendment — HCD Comments and Final
Printing
RECOMMENDATION:
1. Approve and authorize the Mayor and City Clerk to execute the Fourth
Amendment to Professional Services Agreement with EIP Associates, Inc.
2. Approve budget amendment transferring $149,711 from the unappropriated
General Fund reserve to account 2710 -8293 General Plan Update.
DISCUSSION:
The City has received comments from the State Department of Housing and Community
Development (HCD) on our new Housing Element, which must be resolved before HCD
will certify the element as complying with State law. Staff and EIP have discussed
HCD's requirements and divided the work according to who can complete it most
efficiently.
Among the things required by HCD are an analysis of buildout capacity in the Airport
Area and Newport Center, and justification of the market feasibility for mixed use
development. This work would be best done by EIP. Their original contract and scope
of work contemplated a much lower level of effort on the Housing Element. Because
Newport Beach's previous element had been certified by HCD, we anticipated only an
update for consistency with the new Land Use Element. However, new legislation
requiring the additional analysis passed since the contract was written. Therefore, staff
believes it is appropriate for the EIP contract to be amended for this work. The
estimated cost of this work, including the potential for response to additional comments
• from HCD, is $21,965.
Amentent to PSA with EIP Associates, Infknd Budget Amendment
March 27, 2007
. Page 2
•
Staff also authorized EIP to prepare the administrative record for the lawsuit that was
filed on the environmental impact report, because these materials needed to be
prepared in a short time. The proposed amendment to the professional services
agreement and the budget amendment include $5,000 for this work.
The final item included in the amendment to the agreement with EIP corrects an earlier
error. In 2003, the City Manager authorized use of the contingency amount of $50,000
for EIP to conduct additional biological studies that had not been anticipated when the
scope of work was developed. In reviewing the budget for this amendment, I realized
that the contingency of $50,000 had not been included in the contract amount approved
by the City Council, although it had been shown in the project budget attached to the
agreement, but below the bottom line.
Additional funds are also needed for printing of the General Plan. The agreement with
EIP provides that the City is responsible for printing. However, due to time constraints
during the public review and adoption process, staff asked EIP to arrange for printing.
These costs were paid from the General Plan Update account, resulting in an overrun of
$52,746. We have received an estimate of nearly $20,000 for printing the final General
Plan, some of which will be recouped through sale of the documents and CDs. Staff is
requesting $72,746 for printing costs as part of the budget amendment.
Submitted by:
Sharon Wood
Assistant City Manager
Attachments: Fourth Amendment to PSA
Budget Amendment
r,
LJ
U
0 0
• FOURTH AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, entered into this day of March 2007, by and between
CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to as "City ")
and EIP Associates, Inc., whose address is 12301 Wilshire Boulevard, Suite 430, Los
Angeles, CA 90025 (hereinafter referred to as "Consultant "), is made with reference to
the following:
RECITALS
A. City and Consult ant entered into a Professional Services Agreement for a
General Plan Update on June 10, 2003.
B. Th a Professional Services Agreement was amended on August 10, 2004,
increasing total compensation to consultant to $1,023,656.
C. The Professional Services Agreement was amended on March 28, 2006,
increasing total compensation to $1,575,787.
• D. The Professional Services Agreement was amended on August 22, 2006,
increasing total compensation to $1,718,057.00.
•
E. Th a Parties desire to amend the agreement to provide for preparation of the
administrative record on the environmental impact report and response to
comments from the State Department of Housing and Community Development
on the Housing Element.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. COMPENSATION TO CONSULTANT
Paragraph 3, Compensation to Consultant, is amended to provide that
Consultant's compensation for all work performed in accordance with this agreement
shall not exceed One Million, Seven Hundred Ninety-Five Thousand, Twenty-Two
Dollars ($1,795,022.00).
3. NO AMENDMENTS TO REMAINDER OF AGREEMENT
All other provisions of the Agreement shall remain in force and effect in their
original form.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be •
executed on the day and year first written above.
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Steven Rosansky, Mayor
ATTEST:
LaVonne Harkless, City Clerk
7
CONSULTANT
EIP Associates, Inc.
By:
Terri Vitar, Regional Vice President
11
•
Cy of Newport Beach. NO. BA- 07BA -055
BUDGET AMENDMENT
2006 -07 AMOUNT: $14x,711.00
ECT 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 for approval of the fourth amendment to the professional services agreement
with EIP Associates, Inc. for HCD comments, preparation of administrative record for EIR lawsuit, and final printing
for the General Plan Update.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Amount
Fund Account Description
Debit Credit
010 3605 General Fund - Fund Balance
$149,711.00
ltNUE ESTIMATES (3601)
Fund /Division Account Description
EXPENDITURE APPROPRIATIONS (3603)
Description
Division
Number 2710 Planning - Administration
Account
Number 8293 General Plan Update
$149,711.00
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
I
` Automatic System Entry.
Signed:
��i�t'i�
2 ,,,? 2 —
Finance I Approval: Administrative Services Director c
Date
Si�
O
Administrative Ap val: City Manager
Da
Signed:
City Council Approval: City Clerk
Date
.r � •
COUKIL ACEUDA
CITY OF NEWPORT BEACH N®
3IL7
CITY COUNCIL STAFF REPORT
Agenda Item No. to
March 13, 2007
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office
Sharon Wood, Assistant City Manager
949 -644 -3222, swood@city.newport-beach.ca.us
city.newport- beach.ca.us
SUBJECT: Amendment to Professional Services Agreement with EIP
Associates, Inc. and Budget Amendment — HCD Comments and Final
Printing
1. Approve and authorize the Mayor and City Clerk to execute the Fourth
• Amendment to Professional Services Agreement with EIP Associates, Inc.
2. Approve budget amendment transferring $99,711 from . the unappropriated
General Fund reserve to account 2710 -8293 General Plan Update.
DISCUSSION:
The City has received comments from the State Department of Housing and Community
Development (HCD) on our new Housing Element, which must be resolved before HCD
will certify the element as complying with State law. Staff and EIP have discussed
HCD's requirements and divided the work according to who can complete it most
efficiently.
Among the things required by HCD are an analysis of buildout capacity in the Airport
Area and Newport Center, and justification of the market feasibility for mixed use
development. This work would be best done by EIP. Their original contract and scope
of work contemplated a much lower level of effort on the Housing Element. Because
Newport Beach's previous element had been certified by HCD, we anticipated only an
update for consistency with the new Land Use Element. However, new legislation
requiring the additional analysis passed since the contract was written. Therefore, staff
believes it is appropriate for the EIP contract to be amended for this work. The
estimated cost of this work, including the potential for response to additional comments
from HCD, is $21,965.
•
Amend• t to PSA with EIP Associates, Inc• d Budget Amendment
March 13, 2007
Page 2
•
Staff also authorized EIP to. prepare the administrative record for the lawsuit that was
filed on the environmental impact report, because these materials needed to be
prepared in a short time. The proposed amendment to the professional services
agreement and the budget amendment include $5,000 for this work.
Additional funds are also needed for printing of the General Plan. The agreement with
EIP provides that the City is responsible for printing. However, due to time constraints
during the public review and adoption process, staff asked EIP to arrange for printing.
These costs were paid from the General Plan Update account, resulting in an overrun of
$52,746. We have received an estimate of nearly $20,000 for printing the final General
Plan, some of which will be recouped through sale of the documents and CDs. Staff is
requesting $72,746 for printing costs as part of the budget amendment.
Submitted by:
Sharon Wood
Assistant City Manager
Attachments: Fourth Amendment to PSA
Budget Amendment
•
•
10 FOURTH AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, entered into this _ day of March 2007, by and between
CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to as "City'
and EIP Associates, Inc., whose address is 12301 Wilshire Boulevard, Suite 430, Los
Angeles, CA 90025 (hereinafter referred to as "Consultant'), is made with reference to
the following:
RECITALS
A. City and Consult ant entered into a Professional Services Agreement for a
General Plan Update on June 10, 2003.
B. Th a Professional Services Agreement was amended on August 10, 2004,
increasing total compensation to consultant to $1,023,656.
C. The Professional Services Agreement was amended on March 28, 2006,
increasing total compensation to $1,575,787.
D. The Professional Services Agreement was amended on August 22, 2006,
increasing total compensation to $1,718,057.00. .
E. Th a Parties desire to amend the agreement to provide for preparation of the
administrative record on the environmental impact report and response to
comments from the State Department of Housing and Community Development
on the Housing Element.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. COMPENSATION TO CONSULTANT
Paragraph 3, Compensation to Consultant, is amended to provide that
Consultants compensation for all work performed in accordance with this agreement
shall not exceed One Million, Seven Hundred Forty-Five Thousand, Twenty-Two Dollars
($1,745,022.00).
3. NO AMENDMENTS TO REMAINDER OF AGREEMENT
All other provisions of the Agreement shall remain in force and effect in their
original form.
•
IN WITNESS WHEREOF, the Parties have caused this Agreement to be •
executed on the day and year first written above.
CITY OF NEWPORT BEACH CONSULTANT
A Municipal Corporation EIP Associates, Inc.
By: By:
Steven Rosansky, Mayor Terri Vitar, Regional Vice President
ATTEST:
LaVonne Harkless, City Clerk
n
U
•
CA& of Newport Beach • NO. BA- 07BA -055
BUDGET AMENDMENT
2006 -07 AMOUNT: $99,711.00
CT 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
X from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To increase expenditure appropriations for approval of the fourth amendment to the professional services agreement
with EIP Associates, Inc. for HCD comments, preparation of administrative record for EIR lawsuit, and final printing
for the General Plan Update.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account Description
010 3605 General Fund - Fund Balance
ROUE ESTIMATES (3601)
Fund/Division Account Description
EXPENDITURE APPROPRIATIONS (3603)
Signed: 16 o
Fi cial Approval: Administrative c or
Big*
Administrative Approval: City Manager
Signed:
City Council Approval: City Clerk
Amount
Debit Credit
$99,711.00
$99,711.00
Date
Date
Date
Description
Division
Number
2710 Planning - Administration
Account
Number
8293 General Plan Update
Division
Number
Account
Number
Division
Number
Account.
Number
Division
Number
Account
Number
Signed: 16 o
Fi cial Approval: Administrative c or
Big*
Administrative Approval: City Manager
Signed:
City Council Approval: City Clerk
Amount
Debit Credit
$99,711.00
$99,711.00
Date
Date
Date
•
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
TO: HONORABLE MAYOR AND MEMBERS OF THE
U1106- 7M
G --�EeZo
Agenda Item No. 10
March 13, 2007
FROM: City Manager's Office (A i3 XW1
Sharon Wood, Assistant City Manager
949 -644 -3222, swood @city.newport - beach.ca.us Canlilnfu 2
SUBJECT: Amendment to Professional Services Agreement with EIP
Associates, Inc. and Budget Amendment — HCD Comments and Final
Printing
1. Approve and authorize the Mayor and City Clerk to execute the Fourth
Amendment to Professional Services Agreement with EIP Associates, Inc.
2. Approve budget amendment transferring $99,711 from the unappropriated
General Fund reserve to account 2710 -8293 General Plan Update.
DISCUSSION:
The City has received comments from the State Department of Housing and Community
Development (HCD) on our new Housing Element, which must be resolved before HCD
will certify the element as complying with State law. Staff and EIP have discussed
HCD's requirements and divided the work according to who can complete it most
efficiently.
Among the things required by HCD are an analysis of buildout capacity in the Airport
Area and Newport Center, and justification of the market feasibility for mixed use
development. This work would be best done by EIP. Their original contract and scope
of work contemplated a much lower level of effort on the Housing Element. Because
Newport Beach's previous element had been certified by HCD, we anticipated only an
update for consistency with the new Land Use Element. However, new legislation
requiring the additional analysis passed since the contract was written. Therefore, staff
believes it is appropriate for the EIP contract to be amended for this work. The
estimated cost of this work, including the potential for response to additional comments
from HCD, is $21,965.
Ame• ent to PSA with EIP Associates, Inc. and Budget Amendment
March 13, 2007
Page 2
Staff also authorized EIP to prepare the administrative record for the lawsuit that was
filed on the environmental impact report, because these materials needed to be
prepared in a short time. The proposed amendment to the professional services
agreement and the budget amendment include $5,000 for this work.
Additional funds are also needed for printing of the General Plan. The agreement with
EIP provides that the City is responsible for printing. However, due to time constraints
during the public review and adoption process, staff asked EIP to arrange for printing.
These costs were paid from the General Plan Update account, resulting in an overrun of
$52,746. We have received an estimate of nearly $20,000 for printing the final General
Plan, some of which will be recouped through sale of the documents and CDs. Staff is
requesting $72,746 for printing costs as part of the budget amendment.
Submitted by:
Sharon Wood
Assistant City Manager
Attachments: Fourth Amendment to PSA
Budget Amendment
0
FOURTH AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, entered into this _ day of March 2007, by and between
CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to as "City")
and EIP Associates, Inc., whose address is 12301 Wilshire Boulevard, Suite 430, Los
Angeles, CA 90025 (hereinafter referred to as "Consultant "), is made with reference to
the following:
RECITALS
A. City and Consult ant entered into a Professional Services Agreement for a
General Plan Update on June 10, 2003.
B. Th a Professional Services Agreement was amended on August 10, 2004,
increasing total compensation to consultant to $1,023,656.
C. The Professional Services Agreement was amended on March 28, 2006,
increasing total compensation to $1,575,787.
D. The Professional Services Agreement was amended on August 22, 2006,
increasing total compensation to $1,718,057.00.
E. Th a Parties desire to amend the agreement to provide for preparation of the
administrative record on the environmental impact report and response to
comments from the State Department of Housing and Community Development
on the Housing Element.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. COMPENSATION TO CONSULTANT
Paragraph 3, Compensation to Consultant, is amended to provide that
Consultant's compensation for all work performed in accordance with this agreement
shall not exceed One Million, Seven Hundred Forty -Five Thousand, Twenty-Two Dollars
($1,745,022.00).
3. NO AMENDMENTS TO REMAINDER OF AGREEMENT
All other provisions of the Agreement shall remain in force and effect in their
original form.
0
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed on the day and year first written above.
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Steven Rosansky, Mayor
ATTEST:
LaVonne Harkless, City Clerk
2
CONSULTANT
EIP Associates, Inc.
By:
Terri Vitar, Regional Vice President
Citof Newport Beach ! NO. BA- 07BA -055
BUDGET AMENDMENT
2006 -07 AMOUNT: $99,711.00
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Expenditure Appropriations AND
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
from additional estimated revenues
NX from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
Increase in Budgetary Fund Balance
X Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
To increase expenditure appropriations for approval of the fourth amendment to the professional services agreement
with EIP Associates, Inc. for HCD comments, preparation of administrative record for EIR lawsuit, and final printing
for the General Plan Update.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account Description
010 3605 General Fund - Fund Balance
REVENUE ESTIMATES (3601)
Fund /Division Account
EXPENDITURE APPROPRIATIONS (3603)
Description
Signed:
Signed:
51, 111,11Al2,51.5,11A I,
Administrative Approval: City Manager
City Council Approval: City Clerk
Amount
Debit Credit
$99,711.00
* Automatic
$99,711.00
Date
Date
Date
Description
Division
Number
2710 Planning - Administration
Account
Number
8293 General Plan Update
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Signed:
Signed:
51, 111,11Al2,51.5,11A I,
Administrative Approval: City Manager
City Council Approval: City Clerk
Amount
Debit Credit
$99,711.00
* Automatic
$99,711.00
Date
Date
Date
THIRD AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, entered into this 22nd day of August 2006, by and between CITY
OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to as "City") and EIP
Associates, Inc., whose address is 12301 Wilshire Boulevard, Suite 430, Los Angeles, CA
90025 (hereinafter referred to as "Consultant"), is made with reference to the following:
RECITALS
A. City and Consultant entered into a Professional Services Agreement for a General Plan
Update on June 10, 2003.
B. The Professional Services Agreement was amended on August 10, 2004, increasing
total compensation to consultant to $1,023,656.
C. The Professional Services Agreement was amended on March 28, 2006, increasing total
compensation to $1,575,787.
D. The Parties desire to amend the agreement to provide for additional public hearings,
plan revisions and responses to comments on the Draft Environmental Impact Report,
and to prepare public information materials.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. COMPENSATION TO CONSULTANT
Paragraph 3, Compensation to Consultant, is amended to provide that Consultant's
compensation for all work performed in accordance with this agreement shall not exceed One
Million, Seven Hundred Eighteen Thousand, Fifty -Seven Dollars ($1,718,057.00).
3. NO AMENDMENTS TO REMAINDER OF AGREEMENT
All other provisions of the Agreement shall remain in force and effect in their original
form.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on
the day and year first written above.
CITY OF NEWPORT �E H
A Muni ' oI io
By: �
Don:e , Mayor
CONSULT T
EIP o a s,
By:
Terri itar, Regional Vice President
ATT T:
LaVonne Harkless, City Clerk
{`'9G / FOVX
AUi1 2) > ?itr6
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 11
August 22, 2006
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office
Sharon Wood, Assistant City Manager
949 -644 -3222, swood @city.newport- beach.ca.us
SUBJECT: Amendment to Professional Services Agreement with EIP
Associates, Inc. and Budget Amendment
RECOMMENDATIONS:
1. Approve and authorize the Mayor and City Clerk to execute the Third
Amendment to Professional Services Agreement with EIP Associates, Inc.
2. Approve budget amendment transferring $142,270 from the unappropriated
General Fund reserve to account 2710 -8293, General Plan Update.
DISCUSSION:
Completion of the General Plan update involved more public hearings, plan revisions
and responses to comments on the Draft EIR than had been anticipated in the original
and amended professional services agreement with EIP Associates, Inc., the primary
consultant. For example, the contract assumed 150 comments on the Draft EIR, and
we received approximately 420 comments. EIP has requested that the budget be
augmented by $103,569 to cover additional costs incurred by them and Urban
Crossroads, the traffic sub consultant. An additional $5,250 is requested to prepare the
revised land use input for the final run of the traffic model. There are also some
reductions where less time was spent on report preparation and coordination meetings.
Staff has reviewed the additional costs, and finds them to be reasonable and in keeping
with the extra work that was and needs to be done by the consultants.
In addition, staff has asked EIP Associates to prepare materials to help inform the
community about the General Plan. These materials include a PowerPoint presentation
that can be customized for presentations to various homeowner and community groups,
a summary of the General Plan that will be mailed to every residential address, and a
fact sheet to assist in answering questions. The cost of preparing these materials is
$33,451.
Am®ment to PSA with EIP Associates, 0. and Budget Amendment
August 22, 2006
Page 2
Funding Availability
There are not sufficient funds for this amendment in the General Plan Update account,
and a budget amendment is needed to transfer $142,270 from the unappropriated
General Fund reserve.
Alternatives:
The City Council could choose not to do the final run of the traffic model, or not to
provide information on the General Plan to the community. However, the additional
costs to complete the EIR and General Plan must be covered.
Submitted by:
Sharon Wood
Assistant City Manager
Attachments: 1. Third Amendment to Professional Services Agreement
2. Budget Augment Request
3. Budget Amendment
THIRD AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, entered into this 22nd day of August 2006, by and between CITY
OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to as "City ") and EIP
Associates,. Inc., whose address is 12301 Wilshire Boulevard, Suite 430, Los Angeles, CA
90025 (hereinafter referred to as "Consultant "), is made with reference to the following:
RECITALS
A. City and Consultant entered into a Professional Services Agreement for a General Plan
Update on June 10, 2003.
B. The Professional Services Agreement was amended on August 10, 2004, increasing
total compensation to consultant to $1,023,656.
C. The Professional Services Agreement was amended on March 28, 2006, increasing total
compensation to $1,575,787.
D. The Parties desire to amend the agreement to provide for additional public hearings,
plan revisions and responses to comments on the Draft Environmental Impact Report,
and to prepare public information materials.
follows:
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
COMPENSATION TO CONSULTANT
Paragraph 3, Compensation to Consultant, is amended to provide that Consultant's
compensation for all work performed in accordance with this agreement shall not exceed One
Million, Seven Hundred Eighteen Thousand, Fifty -Seven Dollars ($1,718,057.00).
3. NO AMENDMENTS TO REMAINDER OF AGREEMENT
All other provisions of the Agreement shall remain in force and effect in their original
form.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on
the day and year first written above.
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Don Webb, Mayor
ATTEST:
LaVorine Harkless, City Clerk
CONSULTANT
EIP Associates, Inc.
By:
Terri Vitar, Regional Vice President
® Cily of Newport Beach General Plan Updale
PROJECT BUDGET AUGMENT - Augusl 4, 2006
EIP LABOR COST
Labor
Budget
Total Spent
8.2.06
Retracing Reaining
Budget
Estimate to
Complete
Net
Additional
Budget
Commentary, Including Factors Affecting Budget
Overruns
4f1Y87NAELVJOR ROO�BA'..� _
-
_
'
'.-
( �
A_IECNfil WORK TASKS
T.0 PROJECT ORIENTATION
Y
Subtotal
6,100
6100
0
0
$0
2.0 BASELINE DATAANDANALYSES
0
Subtotal
120,520
120520
0
0
3.0 PLANNING ISSUES
Subtmvl
6200
I 6]00
0
I 0
$0
4.0 GUIDING PRINCIPLES
Subtotal
8,
8,630
1 0
1 0
$0
5.0 LAND USE ALTERNATIVES
I1
SubPoMI
151091
151090
0
1 0
0
6.0 POLICY FORMULATION
6.1 Review. Existing Poli <ies Iinduded w /policy Farmulatlonf,_
_
_
6.2 Formulate Preliminary Polity
117,365
117,365
0
0
0
6.3 Polhy Dixusslan Papen
15050
Ii 050
1 0
1 0
0
_
6.4 Review. Policy Option
0
0
1 0
0
0
6.5 Select and Finalize Policies
14;750
14,]50
0
0
0
Subtotal
14L7.165
147.165
0
0
0
7.0 IMPLEMENTATION PROGRAMS
I
Subroial
_
30,850
31,100
I .250
2,500
$2,750
Assomes revisions to be made by the Planning
Commisslon and Chy C mccil
8.0 DOCUMENTATION
36;440
I 31;890
4,550
0
I
,$4;550
Includes Planning Commission Recommendarions to the
CITY Council.
Sublolal
9.0 ENVIRONMENTAL IMPACT REPORT
I
I
9.1 Project Description, IS, and HOP
7,622.
1 7,625
-3
0
3
_
9.2 Screenchock Draft
164,763
164,763
'0
0
9.3 Public Draft
32,500
32,500
0
0
0
9.4 Rpspome5 to Comment,
32,340
48,280
15,940
.7,970
7,970
_
Budget estimated 150commeots, in excels of 419.
received.
9.5 Final EIR
10;680
11,730
-1,050
-525.
525
Additional funds to onand multiple all -day meetings to
dbmse FIR responses
Subtotal.
247,905
164,898
- 16,993
-6,495
$8498
11.0 GP ADOPTION & Elk CERTIFICATION
11.1 Public Herrings
14,775
20,340.
-5,565
2,200
7,765
Addilional6 hearings, beyond stop¢ Two yenmining for
Implemess etlon Measures- Assumes two daffot engonce
Q4hn.
11:2 Prepare findings_.
2,670
0
0
-2,670
Prepared by City ualh, no EIP involremem.
11.3 Revised GP During Public. Comment Period (labor since. April
1sg
3,444
39,096
L3,444
0
35,654
_
Preparation of multiple revisions during public
comment /hearing periode including land me categories,
policies, buildout calculations incorporating . revised
traffic data for subareas, revised implementation plan
and numerous changes to reflect staff, CC; and PC
commemx
11.4 Preparation of Final. GP
3,444.
0
3,444
^0
Final revisions per CC approval. Includes final
formaaing, including ressm ation of color Images, and
"dean up' items
Subromf
24,333
59,438
- 35,105
5,644
$40,749
TOTAL TECHNICAL WORK TASKS
$47,447
B. PUBLIC: WVOLVEMENT PROGRAM
I
I
12.0 GPAC MEETINGS
13.0 COMMUNITY WORKSHOPS
14.0 NEWSLETTERS
_
15.0 WEB PAGE MAINTENANCE
TOTAL PUBLIC INVOLVEMENT
99,100
.85,598
13,502 I
0
-- $13;502
C.UTYCOORDINATION _
16.0 GPUC MEETINGS (12 meetingsl.
6 255
6.255
0
0
17.0 CITY COUNCIL & PLANNING COMMISSION l7 mtgs ends,5
mm"
13,1401
13,140
0
0
18.0 OTHER CITY COMMISSIONS 14 meetingsl
4;920
4,920
do
0
0
19.0 CITY STAFF-CONSULTANT LOORD]NATION
19.1 Weekly Conference Culls IL hr wk /24 mthsl
10,000
19.2 Recurdn Meetin s O month 24 mths
_12,900
45024:
_
45024
0
25.0 Profess Mema emem
64 365.
AS nAA
19 301
19 301
0
TOTAL COORDINATION
146;604 I
100,088
22,201 I
19,301
- $2;900
D. GEOGRAPHIC WFORMATION SYSTEM
TOTAL GIS
8$9]0
90,557
- 1,587 '
2,100
$3,687
Additional hours for mop revisions
TOTAL EIP LABOR COST
S 1,114.408 1$1.103,7741
110.634 1
$45,366
$34,732
EIP DIRER COSTSIEXPENSES
I
Travel
12,529
12,]69
-240 I
201 _I
441
Estimate 4 aaditiana1 trips at OA845 /mile
EP Avwdomr
® City of Newport Beach General Plan Update
PROJECT BUDGET AUGMENT - August 4, 2006
BP Ass.doles
Lobar
Budge,
Tom, Spent
6.2.06
Remaining
Budget
F4Rma1e to
Complete
Nei
Additional.
Budget
Cammentpry, Including Fanprs Affecting Bud,.,
Overmns
Reproductions
5,853
8,100
.2,247
29,105
31,352
Estimated 30 copies b and w screencheck draft $41
ends, 75 copies of PC version I Sl30 each), 100 copies
of finol cut., version ($180. each). 50 Copies of GP on
CD 1$10 tmch) and internal copied doomenn. Invoices
not received from vendor for Screencheck 8 following
_Delivery, C.num nicmion, _
_1 5� 23
1,523
_ 0
50
50
Adopted plan and a,ser documents.
Mamrials ontl Supplies
7.000
7000
0
0
0
_
_ Subfo,ol
26,905
29;392
_T 48]
29.356
31,843
i
Administrative 110 %direct tows
2,693.
2,939
-249
2936
3,189
TOTAL W DIRECT COSTS
$29,598
$32,33111
- 2]36
3T 292
$35.027
TOTAL ESTNIATED EIP BUDGET
$1,144,0061$1,136;
105.$7,898
1 $77;658
1 $69,759
SUBCONTRACTOR BUDGETS (see attachments)
A, URBAN CROSSROADS
1
labor
290,920 29D,940
O
28,650
28,650
$11,4201. complete Elk t.As, $5,490 6 Eomplete GP
hearing, and meeting,; $11,740 to complide EIR
hearings and meetings (NOTE: invoices do not include
jull 06 msn)
Direct Costs
6,660 1 6,680
0
750
750
Taal
301.060 175629
0
29,400
$29400
B. APPUED DEVELOPMENT ECONOMICS
--
802]0 69718
10552
10552
0
Total
80270 69,716 1
10,552
10,562
0
iOTA[SUBCOMRACTORS
381,330 245 J47 1
10552
39, 452
524400
EP ADMINISTRATIVE FEE (10%115%)
16.519 24 535 1
1 055
3,995
4,410
TOTAL SUBCONTRACTOR COST
$427,849 5269,882 1
$11,607
$43,947
$33,810
Fbft 76Rf1O 1 OR ,: D.......i "AB °.A .,
.TABOR COST
1.0 Input, for Final Traffic Model 0 '0 0 5;250
5,250
20 Power Point Presematinn 0 0 0 8,170
8,170
3.0 Summary Plan Document 0 0 0 15 550
15,550
4.0 Fact Sheet 0 0 0' 1,940
1,940
_ _
5.0 Coordination 0 0 0 5,340
Tara, Labor Cost
_5,340_
$36,250
B, DIRECT COSTS L.I.; does xr mcfode rePredaclbm cssb2
Travel 0 0 0 201
201
_.
Mareri.Is and Supplies 0 0 0 2,250
2,250
io1o1 Direct Cosh
$2 451
TOTAL POST ADOPTION WORK PROGRAM
$38,701
TOTAL REQUESTED BUDGET AUGMENT 1$1,571,8551$1,373,6561
.$22,241 1
$69,313
$14$270'
BP Ass.doles
W of Newport Beadb NO. BA- 07BA -011
BUDGET AMENDMENT
2006 -07 AMOUNT: $1a2,z7o.00
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates Increase in Budgetary Fund Balance
X Increase Expenditure Appropriations AND AX 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 to execute the third amendment to Professional Service Agreement with
EIP Associates, Inc.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account, Description
010 3605 General Fund - Fund Balance
REVENUE ESTIMATES (3601)
Fund /Division Account Description
EXPENDITURE APPROPRIATIONS (3603)
Signed:
Financial Approval: Administrative Services Director
Signed: i c--`G
Admini(trafive Approval: City
Signed
City Council Approval: City Clerk
Amount
Debit Credit
$142,270.00 *
* Automatrc
$142,270.00
F-/6 -e)6
Date
S-1(0-0(.,
Date
Date
Description
Division
Number
2710 Planning - Administration
Account
Number
8293 General Plan Update
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Signed:
Financial Approval: Administrative Services Director
Signed: i c--`G
Admini(trafive Approval: City
Signed
City Council Approval: City Clerk
Amount
Debit Credit
$142,270.00 *
* Automatrc
$142,270.00
F-/6 -e)6
Date
S-1(0-0(.,
Date
Date
SECOND AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, entered into this 28th day of March 2006, by and between
CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to as "City")
and EIP Associates, Inc., whose address is 12301 Wilshire Boulevard, Suite 430, Los
Angeles, CA 90025 (hereinafter referred to as "Consultant"), is made with reference to
the following:
RECITALS
A. City and Consultant entered into a Professional Services Agreement for a General
Plan Update on June 10, 2003.
B. The Professional Services Agreement was amended on August 10, 2004,
increasing total compensation to consultant to $1,023,656.
C. The P arties d esire to a mend t he a greement to p rovide f or a dditional a nalyses,
reports, quantitative analysis and meetings.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. COMPENSATION TO CONSULTANT
Paragraph 3, Compensation to Consultant, is amended to provide that
Consultant's compensation for all work performed in accordance with this agreement
shall not exceed One Million, Five Hundred Seventy -Five Thousand, Seven Hundred
Eighty -Seven Dollars ($1,575,787.00).
3. NO AMENDMENTS TO REMAINDER OF AGREEMENT
All other provisions of the Agreement shall remain in force and effect in their
original form.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed on the day and year first written above.
CITY OF NEWPORT,BEACH
A Munici al Corpor ti
1
i
By:
Don Webb, Mayor
ATTEST:
LaVonne Harkless, City Clerk
CONSULTANT
EIP Associates, Inc.
By:
Terri Vitar, Regional Vice President
C-'1j(PJ
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 22
March 28, 2006
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COU NGILeYTHE Cm COUNCIL
CITY OF NEWPORT BEACH
FROM: City Manager's Office
Sharon Wood, Assistant City Manager
949 - 644 -3222, swood@city.newport- beach.ca.us AFFRUVtU
SUBJECT: Amendment to Professional Services Agreement with EIP
Associates for General Plan Update and EIR and Budget Amendment
ISSUE:
Is an amendment to the professional services agreement for work beyond that
anticipated in the original scope of services warranted?
RECOMMENDATIONs:
1. Approve the attached Second Amendment to Professional Services Agreement
with EIP Associates, augmenting the budget by $552,131, and authorize the
Mayor and City Clerk to execute the agreement.
2. Approve a budget amendment transferring $552,131 from unappropriated
General Fund reserve to General Plan Update account number 2710 -8293.
DISCUSSION:
The City Council approved a Professional Services Agreement with EIP Associates for
the General Plan update on June 10, 2003. The total compensation provided in this
agreement was $1,006,406, which included amounts. for subcontracts with Urban
Crossroads for traffic analysis and with Applied Development Economics for fiscal
.impact analysis and an economic development strategic plan. The agreement was
amended in August 2004 to provide an additional $17,250 for separate Planning
Commission and City Council study sessions, bringing the total compensation to
$1,023,656.
As work on the General Plan update has progressed, the City has asked the consultant
team to conduct additional analyses such as freeway impact analysis, additional traffic
model runs, and impact analyses for a very large number of land use alternatives, as
Amendme *o PSA with EIP Associates for Getal Plan Update and EIR
March 28, 2006
Page 2
well as to prepare discussion papers for citizen committees and to attend more
meetings with citizen committees, the Planning Commission, City Council and City staff
than had been anticipated. In addition, Newport Beach's extensive public review of
General Plan documents has resulted in more rounds of revisions than provided in the
original agreement, and the level of specificity in our Land Use Element has required
much more quantitative analysis than expected.
All three consulting firms have been responsive to requests for additional work from
staff, the Planning Commission and City Council, and have continued working to keep
the project on schedule. They have not requested budget augments for each request
as it was made. As we are nearing the end of the project, the consultants have been
able to project the amount needed to complete the project, and have submitted a
request to augment the project budget.
Staff has reviewed the request, and asked for clarifications and changes to it based on
our understanding of the work that has been performed to date and what will be
required to complete the project. We believe that the requested additional amount of
$552,131 is justified and necessary.
Funding Availability:
The General Plan update was funded in a special account, with the amount provided in
the original contract and the first amendment. A budget amendment transferring
$511,131 from the unappropriated General Fund reserve is necessary to provide the
funds for this contract amendment.
Submitted by:
" 444
Sharon Wood
Assistant City Manager
Attachments: Second Amendment to Professional Services Agreement with EIP Associates
Letter from EIP Associates
Budget Amendment
0 0
SECOND AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, entered into this _ day, of March 2006, by and between
CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to as "City ")
and EIP Associates, Inc., whose address is 12301 Wilshire Boulevard, Suite 430, Los
Angeles, CA 90025 (hereinafter referred to as "Consultant "), is made with reference to
the following:
RECITALS
A. City and Consultant entered into a Professional Services Agreement for a General
Plan Update on June 10, 2003.
B. The Professional Services Agreement was amended on August 10, 2004,
increasing total compensation to consultant to $1,023,656.
C. The Parties desire to amend the agreement to provide for additional analyses,
reports, quantitative analysis and meetings.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. COMPENSATION TO CONSULTANT
Paragraph 3, Compensation to Consultant, is amended to provide that
Consultant's compensation for all work performed in accordance with this agreement
shall not exceed One Million, Five Hundred Thirty -four Thousand, Seven Hundred Eighty -
seven Dollars ($1,534,787.00).
3. NO AMENDMENTS TO REMAINDER OF AGREEMENT
All other provisions of the Agreement shall remain in force and effect in their
original form.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed on the day and year first written above.
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Don Webb, Mayor
ATTEST:
LaVonne Harkless, City Clerk
CONSULTANT
EIP Associates, Inc.
By:
Terri Vitar; Regional Vice President
I
0 0
SIP
A S S O ('1 A T E S
Match 20, 2006
Ms. Patty Temple
Director of Planning
City of Newport Beach
P.O. Box 1768
Newport Beach, California 92658 -8915
Subject: General Plan Update and Environmental Impact Report
Dear Ms. Temple:
On behalf of EIP Associates and its subcontractors for the preparation of the updated
General Plan and Environmental Impact Report (EIR) for the City of Newport Beach, this
is to request an augment to the budget of the contractual agreement between the City and
EIP Associates for the performance of an expanded scope of services. The total requested
augment is five hundred and fifty-two thousand one hundred thirty one dollars ($552,131.00)
and includes labor costs and direct expenses anticipated to be incurred through the
completion of the project, the adoption of the General Plan and certification of the Final
EIR.
The attached spreadsheet lists the contractual budget, total expenditures and remaining
budget as of February 24, 2006, estimated budget for completion, and net additional budget
requested for each work task. Factors affecting the increased project costs are also described
for each applicable work task. As you will note, there is an anticipated cost savings for the
public involvement work program.
The requested budget augment includes the additional costs incurred and anticipated to be
incurred by Urban Crossroads and Applied Development Economics. The description of
their additional services and costs are attached to this letter.
Your prompt processing of this request would be appreciated as EIP and our team members
had exceeded their complete budgets by a cumulative $48,496.00 as of February 24. Please
call me if you have any questions.
Sincerely,
Elwood C. Tescher
Director of Urban Planning and Design
. City of Newport Beach General Plan Update
PROJECT BUDGET AUGMENT - MARCH 20, 2006
EIP LABOR COST
Hours
Labor
Total Spent
Remaining
Estimate to
Net
Commentary, Including Factors Affecting Budget
Budget
Budget
Complete
Additional
Overruns
Budget
A, TECHNICAL WORKTASKS
1.0 PROJECT ORIENTATION
— — ---- — ----------
...
.... ...... .... ....... ......
Sub-Total
49
6,100
-6,10 - 0
0
0
0
2.0 BASELINE DATA AND ANALYSES
On budget
Sub-Total
1175
120,520
120,520
0
0
0
3.0 PLANNING ISSUES
On budget
Sub -Total
60
6,700
6,700
0
0
0
4.0 GUIDING PRINCIPLES
.—
1 0
......
On budget
............ I ... .. . I——
Sub -Total
77
- 111.1
8,630
-.1--.,-.-
8,630
-1
0
1
0
5.0 LAND USE ALTERNATIVES
53,266
Over budget due to:
Sub -Total
897
97,825
151,091
0
a. Number of alternatives and specificity for planning
sub-areas; as well as inclusion of "other' land use
areas.
b. Multiple revision of land use alternatives to reflect
City staff, GPAC, Planning Commission, and City
Council input.
c. Preparation of spread sheets for each planning study
area documenting e- fisting use and General Plan
buildout, as well as buildout for each alternative.
Many sub -areas involved multiple alternatives and
combinations of alternatives. As TAZs encompassed
areas larger than the study areas, data had to be
disagregated for areas within and out of the study
areas. The data tabulation and conversion of the data
for traffic analysis required substantial additional time
than had been projected.
d. Spreadsheets were revised multiple times to reflect
GPAC, Planning Commission, and City Council
e. Multiple revision of sub-area GIS maps to reflect for
GPAC, Planning Commission, and City Council
...... -Chan e..
EIP Associates
W
•
0
City of Newport Beach General Plan Update
PROJECT BUDGET AUGMENT - MARCH 20, 2006
EIP Assoclotm
•
L
Hours
Labor
Total Spent
Retraining
Estimate to
Net
Commentary, Including Factors Affecting Budget
Budget
Budget
Complete
Additional
Overruns
Budget
f Environmental "scan" required analyses of multiple
land use options for each study area, as well as
citywide.
g. Extended review of traffic impact analyses of land use
alternatives, as well as coordination with
subconsultant.
6.0 POLICY FORMULATION
6.1 Re-vim Existing Pohaes (included w /policy formulator)
.... - .S ....._ _
G.2 Formulate Preltrnusary Polity
_.—
.........
........ ..
...._—
..... ._ ..
_.._
_.—.
All elements: multiple revisions to reflect GPAC, PC, and
CC input.
.. —
._...— .. _ ............. .......---...------ __--- ..—
6.2.1 Land Use
29,880
..... _...__..
42,550
.------
12,000
----.........
24,670
_._.._._...._.....__
219
_— ..._.'.....
- 12,670
a. Preparation of multiple versions of land use policies,
buildout spreadsheets, and Power Point presentations
incorporating GPAC, Planning Commission, and City
Council revisions.
b. Additional labor in assisting City staff in the
formulation of a Land Use Map and classification
system that simplifies compliance with Charter Section
423. Includes iterative revisions of land use
c. Calculation of land use buildout for Statistical Area
Analyses.
d. Preparation of detailed land use classifications and
diagram to account for Charter Section 423
requirements.
.a
e. Estimated additional costs include hours for tabulaton
of existing and GP land uses for TAZs to verify their
accuracy.
f Added revisions to reflect Local Coastal Program
policies.
-8,600
0
8,600
a. Expanded revision ro incorporate current data and
update land inventory in accordance with updated
612 Housi ng
12
1100
9,800
Land Use Element.
b. Supplemental studies of affordable housing policies
and regulations in other California cities.
62.3 Growth Manalrement
18
1,640
1,640
.
0
.... ._
0
_,.
To be integrated into other elements; no additional work
required. _ .. .....
EIP Assoclotm
•
L
City of Newport Beach General Plan Update
PROJECT BUDGET AUGMENT - MARCH 20, 2006
EIP Associates
•
•
Hours
Labor
Total Spent
Remaining
Estimate to
Net
Commentary, Including Factors Affecting Budget
Budget
Budget
Complete
Additional
Overruns
Budget
6.2.4 Circulation
12
1,920
5,080
-3,160
0
31160
Expanded review of Urban Crossroads policies.
61!1 Recreation and Open Space
24
2,260
7,220
-4,960
0
4,960
Additional background data regarding existing parklands
and policies was required.
- --
0
On budget
_..- ..... ..........
.2.6 Conservation of Natural Resources
....... ...
76
... .....
10,120
10,120
0
0
---- -
1,660
-- - -- --..
Expanded documentation of existing conditions data to
. .. ... ... ......-- ---.._...... ....
6.2.7 Public Safety
........._.-
44
.............
3,920
.._...._
5,580
-1,660
.----
0
reflect technical studies prepared by LCP subcontractor
and Planning Commission issues.
0
On budget
6.2.8 Noise
72
71560
7,560
0
0
...._............
6.19 Harbor & Bay
.....----..
8
...___..._.
800
_..__....-
8,625
---.. -_
-7,825
...
210
--- - --- --
8,035
--.... - -
a. Extensive revisions to incorporate policies in other
General Plan elements. Pending revivew by GPAC,
Harbor Commission, PC, and CC.
b. Preparation of tables indicating correspondence of
reformatted Harbor and Bay policies with updated
General Plan.
c. Reconsolidation of Harbor and Bay goals and policies
into an integrated elemen. .-
__...._ _.._. .o
a Modification of document provided by the City.
...... -_. ..._ .......... ..... ........... .............._ _
6.2.10 Arts and Cultural
--2-o---
20
. ,- ..
2,000
.. ....._..._... _..
3,600
_..__..........
-.....
0
....... ...
1,600
b. Deletion of draft Element per City Council input and
restoration following a second study session.
.._..._ ... .. ............ .. _...... _.. ...............- -
6 2.11 Historic Resources
--- ..._.....
20
_....._.._...
2,000
...----------t-
3,380
--
1,380
... _.....
0
- - ---- -- --
1,380
-
a. Preparation of new element.
b. Deletion of draft Element per City Council input and
;.-
restoration following a second study session.
- --
Costs for completion included above.
:i --- ...ussi . ___
6.3 Poh Drscusvon Pa ers
....
126
_ .._.0
14,040
- --.._
! 15,050
-.._ -
-1,010
--o----
......-
1,010
Included with staff and public review meeti s.
6.4 Review Policy_ Options
0
0
, 0
0
0
0
_ _-
6 5 Select and Finabze Policies
104
11,040
14,750
-3,710
0
3,71D
134,933
46,575
58,785
Sub - Total
755
88,380
0
7.0 IMPLEMENTATION PROGRAMS
..._
24,490
Substantial additional research regarding existing City
_ .......... .. ... .......... .....- -__..._. ......
Sub - Total
70
5,360
22,400
- 16,040
8,450
programs and consultation with City staff regarding
8.0 DOCUMENTATION
--
-- -
Anticipate to be completed on budget.
--...__.......__..........._.._.___._._..-- -...___......----- ....--- ._...-
Sub-Tdatj
- -- ---- -...
396
. _
-.. _... - _.......-----
36,440
- -..__
10,142
26,298
..._......---- ........
26,298
...._....-
0
9.0 ENVIRONMENTALIMPACTREPORT
Multiple revisions of the Project Description based on
.1 Protect Description, IS, and NOP
24
2,580
7,622
-5,042
0
5,042
...... .. .......... _..........._.__....._..- _-.__. __._....._. _.. _
input from City staff.
EIP Associates
•
•
City of Newport Beach General Plan Update
PROJECT BUDGET AUGMENT - MARCH 20, 2006
EIP Associates
•
•
Hours
Labor
Total Spent
Remaining
Estimate to
Net
Commentary, Including Factors Affecting Budget
Budget
Budget
Complete
Additional
Overruns
Budget
9.2 Screencheck Draft
530
55,900
119,763
- 63,863
45,000
108,863
a. Original.budget assumed use of TBR as the Existing
Setting with no changes. However, much of the
.I
information is outdated (completed in 2003) and
requires revisions. Updating existing setting in many
cases, required twice the anticipated time.
b. Alternatives were revised several times. The level of
detail for each alternative is more complex than what
is typically done. EIP attended meeting and took extra
time coordinating and gathering data for alternatives.
c. Anticipate expanded /more detailed analysis of land
use alternatives by sub- areas, as well as citywide. This
EIR has both prograrmnatic and - project level analyses.
EIP was requested to focus on several subareas for
variow project - specific impacts.
d. A number of technical studies were written by other
contractors and require summarization (e.g., hazards)
that was not anticipated. EIP was asked to gather
information beyond what was contented in these
studies.
e. Additional GIS analysis will be required to account for
specificity of land use sub - areas.
8,200
10,780
32,500
32,340
9.3 Public Draft
_. Responses .-,t., _._ .....-
9.4 Responses to Comments
76
104
04
.,.,. 8,200
10,780
0
0
24,300
1,56 .,.
21,560
This estimate is subject to change based on the number
and scope of comments received.
- 4,400
A5 Final EIR
44
4,400
0
10,680
6,280
_ _
.G Monitoring_Program
20
2,520
0
2,520
3,940
1,420
-43,005
,hhnRtion
Sub -Total
798
84,380
127,385
. 124,460
167,465
11.0 GP ADOPTION & EIR
CERTIFICATION
11.1 Public Hearings (total of 4)
24
3,300
5,580
-2,280
4,950
11,475
Spent amount includes hearings on draft policy documents
and is not included below. 10 additional hearings are
scheduled. Assume 3 hours per hearing @ 2 staff persons
11 2 Prepaze Findings__
24
2 670
0
2,670
2 67D
0
6,880
, .
11.3 Final GP
72_
6,880
0
6,880
____D_
EIP Associates
•
•
City of Newport Beach General Plan Update
PROJECT BUDGET AUGMENT - MARCH 20, 2006
EIP Associates
•
0
Hours
Labor
Budget
Total Spent
I Remaining!
Budget
Estimate to
j Complete
Net
Additional
Budget
Commentary, Including Factors Affecting Budget
Overruns
Sub-Total
120
12,850
j 5,580
7,270
14,500
11,475
TOTAL TECHNICAL WORK TASKS
315,491
A PUBLIC INVOLVEMENT PROGRAM
12.0 GPAC MEETINGS
13.0 COMMUNITY WORKSHOPS
14.0 NEWSLETTERS
15.6 WEB PAGE MAINTENANCE
TOTAL PUBLIC INVOLVEMENT
137,040
1 66,850
70,190
32,250
-37,940
Assume 1 GPAC, I workshop, and I newsletter
C. CITY COORDINATION
16._0 GPU_C MEETINGS (1_2 meetings)
0.0- CITY COUNCIL- & PLANNING
COMMISSION (7 mtgs each, 5 joint)
I a oniEk CITY commismoNs
meetings) . ... .... ... .....
19.0 CITY STAFF-CONSULTANT
COORDINATION
. ........... .. 111
19.1 Weekly Conference Calls (1 hr/wk/24 mths)
M-2 R
35
..............
104
72
5,760
5,600
........................ .
... ...
16,640
1-1,52-0-
13,140
.. ... . ..... . .
......
8,500
35,224 _
5-,-2-24
-495
-7,540
.... ... .. .
8,140
-2--3,7-0-4
0
495
Total of 13 meeting conducted to date; no remaining.
0
3,960
4,400
9,80-0
7,540
3,000
-3,740
Total of 28 meetings conducted to date. No remaining
Total of 2 meetings to date, additonal cost includes
preparation time (Power Point)
-3-3,504--
Total of 78 in person meetings conducted to date.
Includes additional coordination meetings with ROMA
regarding the Airport Area and with The Irvine Company.
Remaining meetings assume 1 mtg/wk through March, 2
m /month through July.
25.0 project Management
29,200
38,765
-9,565 25,600
1
35,165
Assume 8 hours per week through adoption for WT, JB,
and EE.
TOTAL COORDINATION
259
70,640
102,844
1 -32,204 1 43,760
75,964
D GEOGRAPHICINFORMATIONSYSTEM
TOTAL CIS
869
88,970 62,940
26,030 26,030
0
TOTAL FJPL4BOR COST
$70,835 $826,137
461,302 $292,203
$353,905
EIP Associates
•
0
City of Newport Beach General Plan Update
PROJECT BUDGET AUGMENT - MARCH 20, 2006
SUBCONTRACTOR BUDGETS (see attachments)
Hours
Labor
Budget
Total Spent
Remaining
Budget
Estimate to
Complete
Net
Additional
Budget
Commentary, Including Factors Affecting Budget
Overruns;
EIP DIRECT COSTS/EXPENSES
Travel
Reproductions
Delivery, Commumcanons
Materials and Supp s
Sub-Total
Administrative (100/.6di.re.ct-msts)* ..... .
TOTAL HIPDIRHCT COSTS
. .. .
...... .
3 1 166
8,500
. I ..........
2,500
..... ... ............. .
7,500
21,680
2,170
$23,850
1-0,6-86
3,653
1,023
. ... ... ..
4,200
19,562 .
1,956 ---
$21,518
---7,50-6 ....----843
4,847
1,477
......
3,300 -
2,118
........ .. .. ...
---- 212
$2,330
44,450
1
2kzq-o--.
5GO
-
2,800
7,343
734
$8,077
--- 9,349
Tots . I - of .. 202 . automobile trips @ $0-485/mile. Estimate 24
additional trips.
-977
- - --- --- - -
_-501.0
5,225
523
.... ...... ... ... ....
$5,748
TOTAL SUBCONTRACTORS
TOTAL ESTIMATHD HIFEUDGET
610 237,899 -27,749 139, 71
$788,685
$847,655
458,972
$300,280
$359,2531
1 25,158
SUBCONTRACTOR BUDGETS (see attachments)
A. URBAN CROSSROADS
Labor
Direct Costs
157,450 171,429 -_I-V79 119,491
4A6 - 4,266 0 , -2,T86
133,470
-2-,-4-80 --
Total
165,110 17E629
-13,979 121,971
135,950
B. APPLIED DEVELOPMENT ECONOMICS
Labor
44,450
Direct Costs
Total
411� 00 62,270 -13,770 18,000
31,770
TOTAL SUBCONTRACTORS
610 237,899 -27,749 139, 71
6 720
EIPADMINISTRATIVEFEE(IOV,115%)
1
1 21,361 23,790 -2,775 13,997
1 25,158
TOTAL SUBCONTRACTOR COST
1
1 $234,971 $261,699 430,524 $153,968
1 $194878
TOTAL REQUESTED BUDGETA UGMENT 81,023,656 $ 1,109,344 $ (99,496) $ 454,248 $552,131
EIP Associates
•
REVISED AUTHORIZATION FOR ADDITIONAL WORK
March 15, 2006
Mr. Elwood Tescher
EIP ASSOCIATES
12301 Wilshire Boulevard, Suite 430
Los Angeles, CA 90025
Subject: Contract Status and Budget/Scope of Work Amendment Request #1
(Revised)
Mr. Tescher:
This letter has been prepared to document the status of Urban Crossroads, Inc.
work effort for the City of Newport Beach General Plan update. A number of work
efforts that exceed the original scope of services prepared for this project have been
identified and discussed with the project team. This letter documents the requested
out of scope activities and the budget amendment required in conjunction with each
activity. The letter has been revised to reflect our most recent discussions
regarding needed updates to the work products, as well as additional review of the
activities that have already been undertaken. This second revision includes an
additional model scenario, including a separate supplemental letter report, as well
an increase in the budget allocated to ongoing support activities.
FUTURE ALTERNATIVES ANALYSIS
The current scope of services provides for analysis of 4 overall scenarios. The
preliminary alternatives analysis effort evaluated 4 scenarios, including a
constrained network version of the Currently Adopted General Plan scenario that
represents an additional alternative (compared to the original Currently Adopted
General Plan scenario that was included in the baseline analysis). It is therefore
proposed that the scope of services and budget be augmented to include the
following additional scenarios:
An additional updated Currently Adopted General Plan scenario that
incorporates recently adopted OCP -2004 socioeconomic data (SED)
projections for areas outside the City of Newport Beach into the Newport
Beach Traffic Model (NBTM), in addition to ongoing refinements to the land
use data for the City of Newport Beach. The ongoing refinements will be
provided to Urban Crossroads, Inc. by the City of Newport Beach / project
team.
]D
Mr. Elwood Tescher
EIP ASSOCIATES
March 15, 2006
Page 2
1. In order to complete item 1 above, it was also necessary to update the model
validation scenario to reflect the OCP -2004 SED for 2000.
2. The General Plan Preferred Alternative scenario, representing the direction
received from the City Council regarding the General Plan Preferred
Alternative.
3. A separate scenario to be documented in a separate supplemental letter
report that evaluates Existing Plus Project (Preferred General Plan
Alternative) conditions.
4. One additional scenario that is likely to be needed as the General Plan is
finalized (consistent with the original vision for the fourth scenario identified in
the original scope of work).
Based on direction from the project team, a sketch planning tool was developed for
purposes of evaluating anticipated NBTM peak hour and daily trip generation for
each alternative contemplated for the various subareas evaluated throughout the
City of Newport Beach. A total of over 150 individual alternatives were then
evaluated using the sketch planning tool, then documented in the preliminary
alternatives analysis report.
FREEWAY RAMP AND MAINLINE ANALYSIS
Based on comments received from citizens of the City of Newport Beach, the
project team determined that additional analysis related to the performance of the
study area freeway system, particularly the SR -73 Freeway through the City of
Newport Beach, should be completed. This activity will include analysis of existing
and future peak hour freeway system performance for up to three future
alternatives, including the proposed updated Constrained Currently Adopted
General Plan, Preferred General Plan Alternative, and Final General Plan
Alternative. Due to lack of available data from Caltrans, the task effort also includes
additional field inventory and development of baseline data from other sources.
MEETINGS AND.PUBLIC HEARINGS
The original scope of services identified a total of 16 meetings, hearings, and public
workshops with the General Plan Update Committee (GPUC), the General Plan
Advisory Committee (GPAC), the Planning Commission, City Council, and general
public. Urban Crossroads, Inc. had already attended this number of meetings in
July, along with numerous General Plan Update Team (GPUT) meetings,
Mr. Elwood Tescher
EIP ASSOCIATES
March 15, 2006
Page 3
exhausting our overall anticipated meeting budget. Additionally, Urban Crossroads,
Inc. staff attended 9 GPUT meetings, 3 additional GPAC meetings, 4 additional
Planning Commission hearings, one Growth Management meeting and 3 additional
City Council hearings through December 14. It is anticipated that 5 additional
GPUT meetings, 2 additional GPAC meetings, 1 additional public workshop, 2
additional Planning Commission hearings, and 2 additional City Council hearings
will be attended by Urban Crossroads, Inc. staff from December 14 through the end
of the project.
Multiple additional review and revision cycles of the Circulation Element have been
performed. The traffic study executive summary, technical analysis, and traffic study
report also require additional production cycles in response to input from the project
team and others.
Multiple additional review and revision cycles of the
Report documents have been /continue to be performed.
Urban Crossroads, Inc. anticipates conducting a count program that could include
24 hour traffic counts at up to 5 locations. Additional effort will also include
analyzing the counts for growth trends compared to the baseline data. Another task
requested by City staff will involve evaluating land use data to be provided by the
project team to determine how much of the anticipated growth in the City of Newport
Beach has already occurred from 2002 to current (end of 2005 or early 2006)
conditions. At the request of the project team, additional trip generation calculations
will also be performed.
BUDGET
Urban Crossroads, Inc. has prepared a detailed estimate of the man -hours and
other direct costs that will be required to complete the proposed additional work
effort. Attachment A identifies Urban Crossroads, Inc. current billing rates for
purposes of this contract amendment request, while the detailed contract
amendment budget estimate is provided as Attachment B to this letter. The total
budget augment being requested is $135,950.00, bringing our total contract
authorization to $297,560.00.
SUMMARY
This letter summarizes the current status of our effort and the additional scope and
budget required to successfully complete the traffic analysis required for the City of
1y
Mr. Elwood Tescher
EIP ASSOCIATES
March 15, 2006
Page 4
Newport Beach General Plan update. Urban Crossroads, Inc. is pleased to provide
this letter for your consideration. Please do not hesitate to give me a call at (949)
660 -1994 ext. 210 if you have any questions.
Sincerely,,
URBAN CROSSROADS, INC.
@&vim vv
Carleton Waters, P.E.
Principal
CW:MW:ds
JN:01232 -30 Contract Amendment 1 Revised 060201 and again 060315
Attachments
":15
• •
EXHIBIT A
BILLING RATES FOR URBAN CROSSROADS, INC.
Compensation for Services
The Consultants Billing rates for services are as follows:
Position _ _ Hourly Rates
Senior Principal
$150
— 185
Principal
$140
— 175
Associate Principal
$125
— 160
Senior Associate
$110
— 146
Associate
$100
— 135
Senior Analyst
$85
— 120
Analyst
$70
— 105
Assistant Analyst
$50
— 85
Senior Technician
$55
— 90
Technician
$45
— 80
Assistant Technician
$35
— 70
Administrative Manager
Administrative Supervisor
Administrative Assistant
$75 — 110
$60 — 95
$45 — 80
General
(1) Reimbursable direct costs, such as reproduction, supplies, messenger service, long -
distance telephone calls, travel, and traffic counts will be billed at cost plus ten (10)
percent.
(2) Hourly rates apply to work time, travel time, and time spent at public hearings and
meetings. For overtime work, the above rates may be increased 50 percent.
(3) Client payment. for professional services is not contingent upon the client receiving
payment from other parties.
(4) Billing statements for work will be submitted monthly. Statements are payable within thirty
(30) days of the receipt by client of statement. Any statement unpaid after thirty (30) days
shall be subject to interest at the maximum permitted by law.
February 14, 2006
40
MEMORANDUM
To: Woodie Tescher
From: Doug Svensson
Copy: Harriet Lai Ross
Linda Tatum
Date: November 29, 2005
APPLIED •
DEVELOPMENT
ECONOMICS
Re: Budget on Newport Beach GP Update
At your request, I have prepared a summary of our budget situation and a list of the recently
approved scope amendments on the project. We are currently operating under a contract
with EIP Associates for $45,000, supplemented by an addition of $3,900 in February of this
year to account for splitting the Planning Commission and City Council working sessions on
the alternatives. I also had an understanding from you that our current contract included an
additional $1,370 in expenses money, derived from the point in September 2003 when this
contract was treated as an extension of our original contract with the City; however, I was
recently informed by Linda Tatum that that was not included in EIP's contract with the City
and is now excluded from our contract. Unfortunately, we have already spent that money.
Sharon Wood has verbally approved two items for us since our last contract amendment:
$3,000 to analyze the 'True Mutimum" alternative and an unspecified amount to attend the
EDC meeting in June. The actual cost of that meeting attendance was $1,000, since it did not
require much additional preparation time.
In terms of our overall budget situation, as of August we had already expended all funds
currently in our contract. In reviewing the products we have completed in relation to the
scope of work under the contract (attached), a number of items are not mentioned in the
scope of work:
Preparation of the Guiding Principles memo and preparation of the Tourism Issue
Paper, including the GPAC and EDC meetings to present those items. I billed that
work to the Economic Development Strategy task; however, we now have no money
left to complete the actual Strategic Plan.
2029 University Avenue • Berkeley, CA 94704 • Tel 510.548.5912 • Fax 510.548.6123
www.adeusa.com
•
Page 2 of 5
E
■ The Saturday workshop in June is not specified in the scope not is it budgeted.
Based on the verbal amendments to the contract and these discrepancies in the scope of
work, I would request the following contract addition:
Expense Reimbursements Verbally Approved by EIP $ 1,370
Additions Verbally Approved by Sharon Wood
Fiscal Analysis of Third Alternative $ 3,000
EDC Presentation of Fiscal Analysis. $1,000
SUBTOTAL $ 5,370
Additional Scope Items
GPAC Meeting for Guiding Principles:
$ 1,500
EDC Meeting for Guiding Principles:
$ 1,500
GPAC Meeting for Hotel /Tourism Issue Paper:
$ 1,500
EDC Meeting for Hotel /Tourism Issue Paper:
$ 1,500
Public Workshop June 25, 2005
$ 2,000
Additional GPAC, EDC, PC, CC Meetings
$ 5,000
Completion of Economic Strategic Plan
1s 0.000
SUBTOTAL
$23,000
GRAND TOTAL
FOR CURRENT CONTRACT AMENDMENT $28,370
I appreciate the opportunity to work with EIP and the City of Newport Beach on this
project. Despite the budget shortfall, we have continued to work diligently to complete the
necessary studies to keep the General Plan Update process moving and we expect to
continue to do so. I appreciate your consideration of this request for a budget amendment.
Please do not hesitate to call me with any questions.
Ig
•
ADE Budget Summary
E
Phase
Budget Amount
Total Spent
Overage/Budget
Remaining
Additional
Estimate to
Complete
Fiscal Analysis
Baseline Data
$4,000
$4,000
0
NA
Alternatives
$21,900
$30,270
($8,370)
NA
Policymaking
$8,000
$8,000
0
$5,000
Economic Strategy
Goals and Objectives
$2,000
$8,000
($6,000)
NA
Draft Plan
$7,000
$7,000
0
$4,000
Action Plan
$4,000
$2,000
$2,000
$2,000
Final Plan
$2,000
0
$2,000
$7,000
Total
$48,900
$62,270
($10,370)
$18,000
N
*,ty of Newport Beacto NO. BA- OSBA -054
BUDGET AMENDMENT
2005-06 AMOUNT: $552,131.00
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
NX from unappropriated fund balance
This budget amendment is requested to provide for the following:
To increase expenditure appropriations from unappropriated General Fund Balance for the General Plan Update.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE Amount
Fund Account Description Debit Credit
010 3605 General Fund - Fund Balance $552,131.00 `
REVENUE ESTIMATES (3601)
Fund /Division Account Description
EXPENDITURE APPROPRIATIONS (3603)
Description
Division Number 2710 Planning - Administration
Account Number 8293 General Plan Update $552,131.00
Division Number
Account Number
Division Number
Account Number
Division Number
Account Number
Division Number
Account Number
/j • Automatic System Entry.
Signed:
Financial Approval: Admin' t ve Services Director Date
Signed: 2
Administrative proval: City Manager D
Signed:
City Council Approval: City Clerk Date
General Pl Accounting as of 03127/2006 for (6) spsed vendors
Kenny the Printer:
12/01/2001 - 1112005 $115,625.35
Moore lacafano Goltsman Inc. (MIG)
Aug -01 $221,500.00 Encumbrance 271002
$71,591.00 amendment
Applied Development Economics
Apr -02 $122,671.52 Encumbrance 271005
Urban Crossroads
M4 Strategy
EIP
Apr -02 $226,618.02 Encumbrance 271004
"RECEIVED AFTER AG END
PRINTED:" #� 3-a v�
Feb -06 $508,000.00 Encumbrance 0310014
$472,523.45 approx. balance as of 03/27/2006
Oct -01 $33,035.00 Encumbrance 271003 -01
Sep -03 $1,008,265.96 Encumbrance 2710001
October -04 $17,250.00 amendment
$6,263.28 approx. balance as of 0327/2006
$2,324,556.85 Grand Total as of 03/2006
0
0
AUG 10 1004
C3giIW �2ou�{)
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 6
August 10, 2004
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
Tamara Campbell, AICP, Senior Planner
(949) 644 -3238
tcampbellacity .newport- beach.ca. us
SUBJECT: BUDGET AMENDMENT AND AMENDMENT TO AGREEMENT WITH
EIP ASSOCIATES TO CONDUCT SEPARATE CITY COUNCIL AND
PLANNING COMMISSION STUDY SESSIONS DURING THE GENERAL
PLAN UPDATE PROCESS
RECOMMENDATION:
1) Approve Budget Amendment appropriating $17,250.00 from the General Fund
Unappropriated Reserves to account 2710 -8293 for the additional consultant costs
associated with conducting separate study sessions for the City Council and Planning
Commission as part of the General Plan Update process.
2) Approve First Amendment to Agreement with EIP Associates.
DISCUSSION:
As part of the General Plan Update contract with EIP Associates, the City of Newport
Beach agreed to conduct joint City Council and Planning Commission Study Sessions
at key benchmarks during the course of updating the General Plan. On June 16, 2004,
during one of the joint study sessions, members of the Planning Commission requested
that the study sessions be conducted separately so additional time for review and input
could be provided for the Planning Commission. EIP Associates estimates that the
preparation for, attendance at, and documentation of input from Planning Commission
study sessions will cost $17,250.00. This will bring the total compensation to the
consultant to One million, Twenty-Three Thousand, Six Hundred Fifty Six Dollars
($1,023,656.00). The estimate assumes EIP involvement with a maximum of five (5)
study sessions and sub consultant involvement with two (2) study sessions.
It is estimated that the division of study sessions will extend the overall duration of the
work program by two and one -half months.
Budget Amendme *nd Contract Amendment for Sepa& CC /PC Study Sessions
08/10/04
Page 2
The General Plan Update Committee considered the new approach at its meeting on
July 26, 2004 and voted to recommend Council approval of the separate study
sessions.
Environmental Review: Not subject to CEQA, as the activity is not a project as defined
in Section 15378 (b) (4).
Funding Availability: The total amount of $17,250.00 would be appropriated to account
2710 -8293 (General Plan Update) from the General Fund Unappropriated Reserves.
M
Submitted by:
T MARA J MPBELL AICI ARON Z. WOPP
SENIOR PLANNER ASSISTANT CIJY MANAGER
Attachment: First Amendment to Agreement with EIP
Budget Amendment # 05 BA -007
0
0
0
0
0 •
FIRST AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, entered into this 10th day of August 2004, by and between
CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to as "City ")
and EIP Associates, Inc., whose address is 12301 Wilshire Boulevard, Suite 430, Los
Angeles, CA 90025 (hereinafter referred to as 'Consultant"), is made with reference to
the following:
RECITALS
A. City and Consultant entered into a Professional Services Agreement for a General
Plan Update on June 10, 2003.
B. The Parties desire to amend the agreement to provide for additional meetings
with the Planning Commission.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. SERVICES TO BE PERFORMED
Paragraph 2, Services to Be Performed, is amended to include Exhibit A to this
Amendment, attached hereto and incorporated herein by reference.
2. COMPENSATION TO CONSULTANT
Paragraph 3, Compensation to Consultant, is amended to provide that
Consultant's compensation for all work performed in accordance with this agreement
shall not exceed One Million, Twenty -Three Thousand, Six Hundred Fifty -Six Dollars
($1,023,656.00).
3. NO AMENDMENTS TO REMAINDER OF AGREEMENT
All other provisions of the Agreement shall remain in force and effect in their
original form.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed on the day and year first written above.
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Homer Bludau
City Manager
1
CONSULTANT
EIP Associates, Inc.
By:
Terri Vitar
Regional Vice President
9 0
1]
EXHIBIT A
MEMO FROM EIP ASSOCIATES, INC.
0
0
•
A& g n C] A T E S
Memorandum
Date July 26, 2004
To Sharon Wood, Deputy City Manager
City of Newport Beach
From Woodie Tescher
EIP Associates
•
Subject Budget Amendment for Planning Commission Study Sessions
Attached is the estimated consultant budget for the preparation for, attendance at, and
documentation of input from Planning Commission study sessions to be conducted at key
benchmarks of the City of Newport Beach General Plan Update work program. This
amendment to the contractual agreement between the City and EIP has been prepared at
the City's request to facilitate separate study sessions for the Planning Commission and
City Council, as opposed to the contracted joint sessions.
The budget amendment of $17,250.00 assumes the participation of EIP Associates at a
maximum of five (5) study sessions and Applied Development Economics (ADE) and Urban
Crossroads at two (2) sessions respectively.
It is estimated that the division of study sessions will extend the overall duration of the work
program by two and one -half months. An updated schedule is separately submitted. This
budget estimate does not address the extension of management time.
i •
City of Newport Beach General Plan Update
PLANNING COMMISSION MEETINGS
ESTIMATED BUDGET
July 26, 2004
LABOR COST
Hours `
Meeting Cost
Mtgs
Total $
EIP Associates
$160
3
6
2 11$2960
Billing Rate
1. Per Meeting Cost
a. Preparation
b. Attendance/Participation
c. De- Brief - Document Revisions for City Council
Total Per Meeting
$1,760
2. Total Meetings
5
$8,800
Applied Development Economics (ADE)
2
3
5
$175
$35D
$525
$875
Billing Rate
1. Per Meeting Cost
a. Preparation
b. Attendance/Participation
c. De- Brief- Document Revisions for City Council
Total Per Meeting
$1,750
2. Total Meetings
2
$3,500
Urban Crossroads
$175
2 $350
3 $525
5 $875
Billing Rate
1. Per Meeting Cost
a. Preparation
b. Attendance/Participation
c. De- Brief - Document Revisions for City Council
Total Per Meeting
$1,750
2. Total Meetings
2
$3,500
Total Labor Cost
$15,800
DIRECT COSTS AND EXPENSES
T. Travel
a. EIP and Urban Crossroads
$350
b. ADE
$400
2. Administrative 10% subcontractors
$700
Total Labor Cost
$1,450
OTAL ESTIMATED BUDGET
$17,250
0
0
Cify of Newpdirt Beade NO. BA- 007
BUDGET AMENDMENT
2004 -05 AMOUNT: $17,2so.00
FECT 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
NX from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To increase expenditure appropriations for separate City Council and Planning Commission Study Sessions
during the General Plan Update process.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
010 3605
VENUE ESTIMATES (3601)
Fund /Division Account
EXPENDITURE APPROPRIATIONS (3603)
Description
General Fund Fund Balance
Description
Signed:
Approval: Administrative Services Director
i S' d: 7r-�4 , /-
Administrative ! proval: City Manager
Signed:
Amount
Debit Credit
$17,250.00 "
$17,250.00
Date
Vie
City Council Approval: City Clerk Date
Description
Division
Number
2710 Planning -Administration
Account
Number
8293 General Plan Update
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Signed:
Approval: Administrative Services Director
i S' d: 7r-�4 , /-
Administrative ! proval: City Manager
Signed:
Amount
Debit Credit
$17,250.00 "
$17,250.00
Date
Vie
City Council Approval: City Clerk Date
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, entered into this day of June 2003, by and
between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to
as "City"), and EIP Associates, Inc., whose address is 12301 Wilshire Boulevard, Suite
430, Los Angeles, CA 90025, (hereinafter referred to as "Consultant"), is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under
the laws of the State of California with the power to carry on its, business
as it is now being conducted under the statutes of the State of California
and the Charter of City.
B. City intends to conduct a comprehensive General Plan Update.
C. City desires to engage Consultant to provide, manage and conduct the
comprehensive General Plan Update and prepare an Environmental Impact
Report as outlined by the SCOPE OF SERVICES attached hereto as
EXHIBIT "A" and pursuant to the terms and conditions contained in this
Agreement.
D. The principal member of Consultant, for purpose of this Project, shall be
Elwood C. Tescher, AICP, Director of Urban Planning and Design.
E. City has solicited and received a proposal from Consultant, has reviewed
the previous experience and evaluated the expertise of Consultant, and
desires to contract with Consultant under the terms of conditions provided
in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the 16th day of June,
2003.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the duties set forth in the SCOPE OF
SERVICES, contained in EXHIBIT "A" attached hereto and incorporated herein by
reference.
0 0
2.1 The contract and the attached SCOPE OF SERVICES contains many
components of a General Plan Program. Depending on the outcome of earlier stages of
this program, the City may decide that some or all of the latter components are not
necessary. Therefore, the City may elect to eliminate some components of the SCOPE
OF SERVICES at its sole discretion.
3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services in accordance with the provisions of
this Section and the scheduled billing rates, contained in the SCOPE OF SERVICES
attached as EXHIBIT "A ". No rate changes shall be made during the term of this
Agreement without prior written approval of City. Consultant's compensation for all
work performed in accordance with this Agreement shall not exceed the total contract
price of One Million Six Thousand Four Hundred and Six Dollars ($1,006,406.00):
Compensation from the contingency budget shall only be allowed as approved by the
City Manager. Should any components of the SCOPE OF SERVICES be eliminated by
the City pursuant to Section 2.1 of this Agreement, the contracted compensation shall
be reduced accordingly, consistent with the estimated cost of said components set forth
in the budget included in the SCOPE OF SERVICES.
3.1 Consultant shall maintain accounting records of its billings which includes
the name of the employee, type of work performed, times and dates of all work which is
billed on an hourly basis and all approved incidental expenses including reproductions,
computer printing, postage and mileage.
3.2 Consultant shall submit monthly invoices to City, payable by City within
thirty (30) days of receipt of invoice subject to the approval of City, and based upon the
payment schedule and billing rates included in EXHIBIT "A ". Timely payment of
consultant's invoices is a material part of this Agreement.
3.3 Consultant shall not receive any compensation for extra work without prior
written authorization of City. Any authorized compensation shall be paid in accordance
with such approval.
3.4 City shall reimburse Consultant only for those costs or expenses, which
have been specifically approved in this Agreement, or specifically approved in advance
by City. Such cost shall be limited and shall include nothing more than the following
costs incurred by Consultant:
A. The actual costs of sub - consultants (plus 10 percent) for performance of
any of the services which Consultant agrees to render pursuant to this
Agreement which have been approved in advance by City and awarded in
accordance with the terms and conditions of this Agreement.
B. Approved computer data processing and reproduction charges (including
maps).
Professional Services Agreement
General Plan Update
Page 2
0
E
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.
3.5 Notwithstanding any other paragraph or provision of this Agreement,
beginning on the effective date of this Agreement, City may withhold payment of ten
percent (10 %) of each approved payment as approved retention until all services under
this Agreement have been substantially completed.
4. STANDARD OF CARE
4.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the services required by this Agreement, and that it will
perform all services in a manner consistent with the standard of care used in
Consultant's industry. All services shall be performed by qualified and experienced
personnel who are not employed by City nor have any contractual relationship with the
City with the exception of the consulting firms of "Urban Crossroads" and "Applied
Development Economics," consulting firms who already have contracts with the City.
Consultant represents and warrants to City that it has or shall obtain all licenses,
permits, qualifications and approvals required of its profession. Consultant further
represents and warrants that it shall keep in effect all such licenses, permits and other
approvals during the term of this Agreement.
4.2 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, or acts of God, or the failure of City to furnish timely information or
to approve or disapprove Consultant's work promptly, or delay or faulty performance by
City contractors, or governmental agencies, or any other delays beyond Consultant's
control or without Consultant's fault.
5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not
an employee of City. The manner and means of conducting the work are under the
control of Consultant, except to the extent they are limited by statute, rule or regulation
and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed
to constitute Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over the
details in means of performing the work provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement which may appear to give City
the right to direct Consultant as to the details of the performance of the services or to
exercise a measure of control over Consultant shall mean that Consultant shall follow
the desires of City only with respect to the results of the services.
Professional Services Agreement
General Plan Update
Page 3
6. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator, and any other agencies, which may have jurisdiction or interest in
the work to be performed. City agrees to cooperate with the Consultant on the Project.
7. PROJECT MANAGER
Consultant has designated Elwood C. Tescher, AICP, as Project Manager. He
shall coordinate all phases of the Project and be available to City at all reasonable times
during the Project term. Consultant shall not remove or reassign the Project Manager
or assign any new or replacement person to the Project without the prior consent of
City. Neither shall Consultant replace other key personnel without the prior written
consent of the City. City's approval shall not be unreasonably withheld with respect to
removal or assignment of personnel.
Furthermore, Consultant guarantees that Elwood C. Tescher, AICP (Project Manager)
will personally perform all services delegated to him in the BUDGET outlined in
EXHIBIT 'W', unless previous arrangements have been made with City.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
8. TIME OF PERFORMANCE
Time is of the essence in the performance of the services under this Agreement
and the services shall be performed by Consultant in accordance with the schedule
specified in EXHIBIT "A ". The failure by Consultant to strictly adhere to the schedule
may result in termination of this Agreement by City, and the assessment of damages
against Consultant for delay. Notwithstanding the foregoing, Consultant shall not be
responsible for delays which are due to causes beyond Consultant's reasonable control.
However, in the case of any such delay in the services to be provided for the Project,
each party hereby agrees to provide notice to the other party so that all delays can be
addressed.
8.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days after the start
of the condition which purportedly causes a delay, and not later than the date upon
which performance is due. The Project Administrator shall review all such requests and
may grant reasonable time extensions for unforeseeable delays, which are beyond
Consultant's control.
Professional Services Agreement
General Plan Update
Page 4
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8.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
either telephone, fax, hand delivery or mail.
9. CITY POLICY
Consultant will discuss and review all matters relating to policy and project
direction with the Project Administrator in advance of all critical decision points in order
to ensure that the Project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE LAW REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state
and federal law, regulations and permit requirements and be subject to approval of the
Project Administrator (designated in Paragraph 18 below) and City.
11. PROGRESS
Consultant is responsible to keep the Project Administrator and/or his /her duly
authorized designee informed on a regular basis regarding the status and progress of the
work, activities performed and planned, and any meetings that have been scheduled or
are desired.
12. HOLD HARMLESS
Consultant shall indemnify, defend, save and hold harmless City, its City Council,
boards and commissions, officers and employees from and against any and all loss,
damages, liability, claims, allegations of liability, suits, costs and expenses for damages
of any nature whatsoever, including, but not limited to, bodily injury, death, personal
injury, property damages, or any other claims to the extent caused by the negligent acts
or omissions of Consultant, its employees, agents or subcontractors in the performance
of services or work conducted or performed pursuant to this Agreement.
13. INSURANCE
Without limiting consultant's indemnification of City, and prior to commencement
of work, Consultant shall obtain and provide and maintain at its own expense during the
term of this Agreement policy or policies of liability insurance of the type and amounts
described below and satisfactory to City. Certification of all required policies shall be
signed by a person authorized by that insurer to bind coverage on its behalf and must
be filed with City prior to exercising any right or performing any work pursuant to this
Agreement. Except workers compensation and errors and omissions, all insurance
policies shall add City, its elected officials, officers, agents, representatives and
employees as additional insured for all liability arising from Consultant's services as
described herein. The insurance policies required are as follows:
Professional Services Agreement
General Plan Update
Page 5
0 0
All insurance policies shall be issued by an insurance company currently
authorized by the Insurance Commissioner to transact business of insurance in the
State of California, with an assigned policyholders' Rating of A (or higher) and Financial
Size Category Class VII (or larger) in accordance with the latest edition of Bests Key
Rating Guide: unless otherwise approved by the City Risk Manager.
A. Worker's compensation insurance covering all employees and principals
of Consultant, per the laws of the State of California.
B. Commercial general liability insurance covering third party liability risks,
including without limitation, contractual liability, in a minimum amount of $1
million combined single limit per occurrence for bodily injury, personal
injury and property damage. If commercial general liability insurance or
other form with a general aggregate is used, either the general aggregate
shall apply separately to this Project, or the general aggregate limit shall
be twice the occurrence limit.
C. Commercial auto liability and property insurance covering any owned and
rented vehicles of Consultant in a minimum amount of $1 million combined
single limit per accident for bodily injury and property damage.
D. 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 ($1,000,000.00).
Said policy or policies shall be endorsed to state that coverage shall not be cancelled by
either party, except after thirty (30) days' prior notice has been given in writing to City.
Consultant shall give City. prompt and timely notice of claim made or suit instituted
arising out of Consultant's operation hereunder. Consultant shall also procure and
maintain, at its own cost and expense, any additional kinds of insurance, which in its
own judgment may be necessary for its proper protection and prosecution of the work.
Consultant agrees that, in the event of loss due to any of the perils for which it has
agreed to provide comprehensive general and automotive liability insurance, Consultant
shall look solely to its insurance for recovery. Consultant hereby grants to City, on
behalf of any insurer providing comprehensive general and automotive liability
insurance to either Consultant or City with respect to the services of Consultant herein,
a waiver of any right of subrogation, which any such insurer of said Consultant may
acquire against City by virtue of the payment of any loss under such insurance.
14. PROHIBITION AGAINST TRANSFERS
Except as specifically authorized under this agreement, Consultant shall not
assign, sublease, hypothecate or transfer this Agreement or any of the services to be
performed under this Agreement, directly or indirectly, by operation of law or otherwise
Professional Services Agreement
General Plan Update
Page 6
without prior written consent of City. Any attempt to do so without consent of City shall
be null and void.
The sale, assignment, transfer or other disposition of any of the issued and outstanding
capital stock of Consultant, or of the interest of any general partner or joint venturer or
syndicate member or cotenant if Consultant is a partnership or joint- venture or
syndicate or co- tenancy, which shall result in changing the control of Consultant, shall
be construed as an assignment of this Agreement. Control means fifty percent (50 %) or
more of the voting power, or twenty -five percent (25 %) or more of the assets of the
corporation, partnership or joint - venture.
15. OWNERSHIP OF DOCUMENTS
Each and every report, draft, work product, map, record and other document
reproduced, prepared or caused to be prepared by Consultant pursuant to or in
connection with this Agreement shall be the exclusive property of City.
Any use of completed documents for other projects and any use of incomplete
documents without specific written authorization from Consultant will be at City's sole
risk and without liability to Consultant. Further, any and all liability arising out of
changes made to Consultant's deliverables under this Agreement by City or persons
other than Consultant is waived against Consultant and City assumes full responsibility
for such changes unless City has given Consultant prior notice and has received from
Consultant written consent for such changes.
Consultant shall, at such time and in such form as City may require, furnish reports
concerning the status of services required under this Agreement.
16. CONFIDENTIALITY
The information which results from the services in this Agreement, is to be kept
confidential unless the release of information is authorized by City.
17. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of his responsibilities under this
Agreement, City agrees to provide access to, and upon request of Consultant, one copy
of all existing record information on file at City. Consultant shall be entitled to rely upon
the accuracy of data and information provided by City without independent review or
evaluation. City will provide all such materials in a timely manner so as not to cause
delays in Consultant's work schedule.
Professional Services Agreement
General Plan Update
Page 7
18. ADMINISTRATION
This Agreement will be administered by the City Manager's Office. Sharon Z.
Wood, Assistant City Manager shall be considered 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.
19. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement. All such records shall
be clearly identifiable. Consultant shall allow a representative of City to examine, audit
and make transcripts or copies of such records during normal business hours.
Consultant shall allow inspection of all work, data, documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment under this Agreement.
20. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to constitute a
failure to pay according to the terms of this Agreement. Consultant shall not discontinue
work as a result of such withholding. Consultant shall have an immediate right to
appeal to the City Manager or his designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of seven
percent (7 %) per annum from the date of withholding of any amounts found to have
been improperly withheld.
21. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the work accomplished by
Consultant, the additional design, construction and /or a restoration expense shall be
borne by Consultant. Nothing in this paragraph is intended to limit City's rights under
any other sections of this Agreement.
22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with the Project.
Professional Services Agreement
General Plan Update
Page 8
23. CONFLICTS OF INTEREST
A. The Consultant or its employees may be subject to the provisions of the
Califomia Political Reform Act of 1974 (the "Acf), which (1) requires such
persons to disclose financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits
such persons from making, or participating in making decisions that will
foresee ably financially affect such interest.
B. If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for
termination of this Agreement by City. Consultant shall indemnify and
hold harmless City for any and all claims for damages resulting from
Consultants violation of this Section.
24. SUB - CONSULTANT AND ASSIGNMENT
City and Consultant agree that sub - consultants may be used to complete the
work outlined in the SCOPE OF SERVICES. The sub - consultants, authorized by the
City are identified in EXHIBIT "A ". Except as specifically authorized under this
Agreement, the services included in this Agreement shall not be assigned, transferred,
contracted or subcontracted without prior written approval of City.
25. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the third business day after the deposit thereof in the United States
mail, postage prepaid, first class mail, addressed as hereinafter provided.
All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
City of Newport Beach
ATTN: Patricia Temple, Planning Director
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA, 92658 -8915
(949) 644 -3222 Fax 644 -3020
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Professional Services Agreement
General Plan Update
Page 9
• •
EIP Associates, Inc.
ATTN: Elwood C. Tescher, AICP
12301 Wilshire Boulevard, Suite 430
Los Angeles, California 90025
(310) 268 -8132 Fax 268 -8175
26. TERMINATION
26.1 In the event either part hereto fails or refuses to perform any of the
provisions hereof at the time and in the manner required hereunder, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) days, or if more than two (2) days are reasonably required to
cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) days after receipt of written notice of default, specifying the
nature of such default and the steps necessary to cure such default, the non - defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
26.2 City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to Consultant
as provided herein. Upon termination of this Agreement, City shall pay to the
Consultant that portion of compensation specified in this Agreement that is earned and
unpaid prior to the effective date of termination.
27. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules
and regulations enacted or issued by City.
28. WAIVER
A waiver by either party of any breach of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach of the
same or any other term, covenant or condition contained herein, whether of the same or
a different character.
29. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the Parties hereto, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions herein. Any modification of this
Agreement will be effective only by written execution signed by both City and Consultant.
Professional Services Agreement
General Plan Update
Page 10
30. PATENT INDEMNITY
The Consultant shall indemnify City, its agents, officers, representatives and
employees against liability, including costs, for infringement of any United States' letters
patent, trademark, or copyright infringement, including costs, contained in Consultant's
drawings and specifications provided under this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed on the day and year first written above.
CITY OF NEWPORT BEACH
A Municipal Corporation
5�11
By:
Homer Bludau
City Manager
City of Newport Beach
AP ED AS TO FORM:
Robin Clauson
Assistant City Attorney
CONSULTANT
EIP Associates, Inc.
Terri Vitar, egional Vice President
Professional Services Agreement
General Plan Update
Page 11
C_�c,a�
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 22
June 10, 2003
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
BY THE CITY COUNCII
FROM: PLANNING DEPARTMENT CITY OF NEWPORT BEA
TAMARA CAMPBELL AICP, SENIOR PLANNER U 1DU3
(949) 644 -3238
tcampbellecitv.newport- beach.ca. us A D PA f11m f
SUBJECT: PROFESSIONAL SERVICES AGREEMENT AND BUDGET6A-0
ADJUSTMENT FOR GENERAL PLAN UPDATE AND
ENVIRONMENTAL IMPACT REPORT
ISSUES:
1) Scope of Work and Professional Services Agreement with EIP Associates for the
General Plan Update and EIR.
2) Funding of the General Plan Update.
RECOMMENDATIONS:
1) Approve the Professional Services Agreement (PSA) with EIP Associates for the
General Plan Update and its EIR.
2) Approve a Budget Adjustment transferring $635,193.00 from the General Fund
Unappropriated Reserve to account no. 2710 -8293, and $55,000 from the General Fund
Unappropriated Reserve to account no. 2710 -8080 for publishing and printing expenses
for two newsletters and project related in -house printing costs.
DISCUSSION:
Background: The General Plan Update Committee (GPUC) was established in May,
2000 specifically to study the City's need to update its General Plan and to conduct a
community outreach program. With the completion of the Visioning Process in
November 2002 and the recent completion of a detailed Scope of Work, GPUC voted
unanimously to forward the attached professional services agreement including scope,
budget and time table to the City Council for approval.
0 GENERAL PLAN scoRE OF WORK AND EIR —
BUDGET, SCHEDULE AND PROFESSIONAL SERVICES AGREEMENT
June 10, 2003
Page 2
The Scope of Work was the result of the efforts of a GPUC Scoping subcommittee who
analyzed the results from the year -long Visioning Process, conducted a joint study
session with the Planning Commission and evaluated information provided from the
General Plan Advisory, Committee (GPAC).
Major features of the detailed Scope of Work address the following:
1) Extent of change to the existing General Plan
2) Public participation and involvement of the Planning Commission and City Council
3) Speck plans, geographic areas, and General Plan topics
4) Technical studies needed
5) Schedule
Extent of Change to the Existing General Plan
GPUC unanimously agreed that the City needs a comprehensive update to its existing
General Plan. A matrix prepared by City Staff and two reports prepared by consultant
Woodie Tescher identified deficiencies in the existing document and issues raised in the
visioning process. GPUC also recommends preparation of a separate policy document
and an appendix for time- sensitive technical data. A consistent hierarchy of goals,
policies and programs for each element will be developed and land use, circulation
system and infrastructure alternatives will be tested using the traffic and fiscal models.
Public Participation and Involvement of the Planning Commission and City Council
Providing sufficient opportunity for public input was a high priority for the subcommittee
and GPUC, as well as ensuring effective and continual communication between GPAC,
the Planning Commission and the City Council. Therefore, the attached Scope of Work
includes 4 citywide newsletters, two public workshops, and two summary reports
documenting public workshop input. It also includes seven study sessions for the
Planning Commission and City Council at key steps in the update process. Key steps
include: a) identification of planning issues, b) development of guiding principles, c)
formulation of alternative land use and development scenarios, d) evaluation of impacts
from alternatives, e) formulation of discussion papers for remaining elements or topics
and, f) consideration of the proposed General Plan.
This public participation will be related to preparation of the updated General Plan.
Additional public meetings and hearings on the plan will occur after it is drafted.
Specific Plans, Geographic Areas and General Plan Topics
The Scope of Work includes evaluation of all specific plans, selected geographic areas
and "hot topics." Pages 20 and 34 of the proposed scope list these plans /areas/topics
l
• GENERAL PLAN SCORE OF WORK AND EIR —
BUDGET, SCHEDULE AND PROFESSIONAL SERVICES AGREEMENT
June 10, 2003
Page 3
for special consideration. Land use alternatives for geographic areas will be prepared
and discussion papers for topics such as community character, tourism, coastal bluffs,
and view preservation will be presented.
Technical Studies
The City is already involved with preparing studies for several studies which will be used
for the General Plan Update. Studies currently underway or completed include: 1)
Fiscal and Economics, 2) Traffic, 3) Hazards, and 4) Biological Resources. GPUC also
recommends that other studies include: Noise /Air Quality and Water Resources. EIP
will coordinate the work of all technical consultants.
Schedule
The schedule identifies tasks by month for the next 24 months beginning with approval
of the PSA.
Budget
Section 2.1 of the PSA indicates that the contract and scope of services contains many
components of a General Plan and that depending on the outcome or earlier stages of
the effort, the City may decide that some or all of the latter components are not
necessary. The PSA indicates that the City may elect to eliminate some components of
the scope of services at its sole discretion.
The consultant is proposing a consultant budget of $1,006,406.00 which includes further
work by the traffic and fiscal /economic consultants and preparation of an EIR. Given
the importance of the project to the future of the City, the number of issues to be
addressed, the level of detail required in their analysis and the amount of public
participation, this amount is justified. It should be noted that the budget reflects a
significant amount of time for the EIP Principal, Mr. Tescher, and the agreement
requires City approval for a change in EIP personnel.
The total amount of the EIP contract is $1,006,406. Funding for this project is currently
available from the following sources:
Balance in current year appropriation for GP Update $ 171,213
Proposed 2003 -04 budget for GP Update $ 200,000
Requested BA from current year General Fund reserves $ 635,193
CONTRACT FUNDING REQUIRED $ 1,006,406
In addition to funding the EIP contract, staff anticipates costs for the publishing /printing
and mailing of two newsletters in FY 2003 -04. Expected costs are as follows:
-z
GENERAL PLAN SC O E OF WORK AND EIR —
BUDGET, SCHEDULE AND PROFESSIONAL SERVICES AGREEMENT
June 10, 2003
Page 4
2 newsletters @ $20,000 each $ 40,000
In -house printing costs (reports, discussion papers) $ 15,000
ADDITIONAL FUNDING REQUIRED $ 55,000
Pry pared 6y:
f "l
Tamara J.. ampbel ICP
Submitted by:
Sharon Z. Wo"sistant City Manager
Attachments: Scope of Work, Schedule, Budget
Professional Services Agreement
Budget Amendment
I
0 0
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, entered into this day of June 2003, by and
between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to
as "City "), and EIP Associates, Inc., whose address is 12301 Wilshire Boulevard, Suite
430, Los Angeles, CA 90025, (hereinafter referred to as "Consultant"), is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under
the laws of the State of California with the power to carry on its business
as it is now being conducted under the statutes of the State of California
and the Charter of City.
B. City intends to conduct a comprehensive General Plan Update.
C. City desires to engage Consultant to provide, manage and conduct the
comprehensive General Plan Update and prepare an Environmental Impact
Report as outlined by the SCOPE OF SERVICES attached hereto as
EXHIBIT "A" and pursuant to the terms and conditions contained in this
Agreement.
D. The principal member of Consultant, for purpose of this Project, shall be
Elwood C. Tescher, AICP, Director of Urban Planning and Design.
E. City has solicited and received a proposal from Consultant, has reviewed
the previous experience and evaluated the expertise of Consultant, and
desires to contract with Consultant under the terms of conditions provided
in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
2003.
1. TERM
The term of this Agreement shall commence on the 16th day of June,
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the duties set forth in the SCOPE OF
SERVICES, contained in EXHIBIT "A" attached hereto and incorporated herein by
reference.
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2.1 The contract and the attached SCOPE OF SERVICES contains many
components of a General Plan Program. Depending on the outcome of earlier stages of
this program, the City may decide that some or all of the latter components are not
necessary. Therefore, the City may elect to eliminate some components of the SCOPE
OF SERVICES at its sole discretion.
3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services in accordance with the provisions of
this Section and the scheduled billing rates, contained in the SCOPE OF SERVICES
attached as EXHIBIT "A ". No rate changes shall be made during the term of this
Agreement without prior written approval of City. Consultant's compensation for all
work performed in accordance with this Agreement shall not exceed the total contract
price of One Million Six Thousand Four Hundred and Six Dollars ($1,006,406.00).
Compensation from the contingency budget shall only be allowed as approved by the
City Manager. Should any components of the SCOPE OF SERVICES be eliminated by
the City pursuant to Section 2.1 of this Agreement, the contracted compensation shall
be reduced accordingly, consistent with the estimated cost of said components set forth
in the budget included in the SCOPE OF SERVICES.
3.1 Consultant shall maintain accounting records of its billings which includes
the name of the employee, type of work performed, times and dates of all work which is
billed on an hourly basis and all approved incidental expenses including reproductions,
computer printing, postage and mileage.
3.2 Consultant shall submit monthly invoices to City, payable by City within
thirty (30) days of receipt of invoice subject to the approval of City, and based upon the
payment schedule and billing rates included in EXHIBIT "A ". Timely payment of
consultant's invoices is a material part of this Agreement.
3.3 Consultant shall not receive any compensation for extra work without prior
written authorization of City. Any authorized compensation shall be paid in accordance
with such approval.
3.4 City shall reimburse Consultant only for those costs or expenses, which
have been specifically approved in this Agreement, or specifically approved in advance
by City. Such cost shall be limited and shall include nothing more than the following
costs incurred by Consultant:
A. The actual costs of sub - consultants (plus 10 percent) for performance of
any of the services which Consultant agrees to render pursuant to this
Agreement which have been approved in advance by City and awarded in
accordance with the terms and conditions of this Agreement.
B. Approved computer data processing and reproduction charges (including
maps).
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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.
3.5 Notwithstanding any other paragraph or provision of this Agreement,
beginning on the effective date of this Agreement, City may withhold payment of ten
percent (10 %) of each approved payment as approved retention until all services under
this Agreement have been substantially completed.
4. STANDARD OF CARE
4.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the services required by this Agreement, and that it will
perform all services in a manner consistent with the standard of care used in
Consultant's industry. All services shall be performed by qualified and experienced
personnel who are not employed by City nor have any contractual relationship with the
City with the exception of the consulting firms of "Urban Crossroads" and "Applied
Development Economics," consulting firms who already have contracts with the City.
Consultant represents and warrants to City that it has or shall obtain all licenses,
permits, qualifications and approvals required of its profession. Consultant further
represents and warrants that it shall keep in effect all such licenses, permits and other
approvals during the term of this Agreement.
4.2 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, or acts of God, or the failure of City to furnish timely information or
to approve or disapprove Consultant's work promptly, or delay or faulty performance by
City contractors, or governmental agencies, or any other delays beyond Consultant's
control or without Consultant's fault.
5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not
an employee of City. The manner and means of conducting the work are under the
control of Consultant, except to the extent they are limited by statute, rule or regulation
and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed
to constitute Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over the
details in means of performing the work provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement which may appear to give City
the right to direct Consultant as to the details of the performance of the services or to
exercise a measure of control over Consultant shall mean that Consultant shall follow
the desires of City only with respect to the results of the services.
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6. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator, and any other agencies, which may have jurisdiction or interest in
the work to be performed. City agrees to cooperate with the Consultant on the Project.
7. PROJECT MANAGER
Consultant has designated Elwood C. Tescher, AICP, as Project Manager. He
shall coordinate all phases of the Project and be available to City at all reasonable times
during the Project term. Consultant shall not remove or reassign the Project Manager
or assign any new or replacement person to the Project without the prior consent of
City. Neither shall Consultant replace other key personnel without the prior written
consent of the City. City's approval shall not be unreasonably withheld with respect to
removal or assignment of personnel.
Furthermore, Consultant guarantees that Elwood C. Tescher, AICP (Project Manager)
will personally perform all services delegated to him in the BUDGET outlined in
EXHIBIT "A ", unless previous arrangements have been made with City.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
8. TIME OF PERFORMANCE
Time is of the essence in the performance of the services under this Agreement
and the services shall be performed by Consultant in accordance with the schedule
specified in EXHIBIT "A ". The failure by Consultant to strictly adhere to the schedule
may result in termination of this Agreement by City, and the assessment of damages
against Consultant for delay. Notwithstanding the foregoing, Consultant shall not be
responsible for delays which are due to causes beyond Consultant's reasonable control.
However, in the case of any such delay in the services to be provided for the Project,
each party hereby agrees to provide notice to the other party so that all delays can be
addressed.
8.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days after the start
of the condition which purportedly causes a delay, and not later than the date upon
which performance is due. The Project Administrator shall review all such requests and
may grant reasonable time extensions for unforeseeable delays, which are beyond
Consultant's control.
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8.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
either telephone, fax, hand delivery or mail.
9. CITY POLICY
Consultant will discuss and review all matters relating to policy and project
direction with the Project Administrator in advance of all critical decision points in order
to ensure that the Project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE LAW REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state
and federal law, regulations and permit requirements and be subject to approval of the
Project Administrator (designated in Paragraph 18 below) and City.
11. PROGRESS
Consultant is responsible to keep the Project Administrator and /or his/her duly
authorized designee informed on a regular basis regarding the status and progress of the
work, activities performed and planned, and any meetings that have been scheduled or
are desired.
IIIIIIIIIIIIIIIIIIIIIIIfiP�ii�l� ]illiiLt ��'�
To the fullest extent permitted by law, Contractor shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents 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) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims'), which may arise from or in any manner relate (directly or
indirectly) to any work performed or services provided under this Agreement (including,
without limitation, defects in workmanship or materials and/or design defects [if the
design originated with Contractor]) or Contractor's presence or activities conducted on
the Project (including, without limitation, the negligent and /or willful acts, errors and /or
omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers,
consultants, subcontractors, anyone employed directly or indirectly by any of them or for
whose acts they may be liable or any or all of them) regardless of any active or passive
negligence or strict liability of City. Contractor understands and acknowledges that the
indemnification obligation hereunder is intended to constitute a "Type I" indemnity
under California law and extends to and includes Claims arising from the active or
passive negligence of Indemnified Parties. Notwithstanding the foregoing, nothing
herein shall be construed to require Contractor to indemnify the Indemnified Parties
from any Claim arising from the sole negligence or willful misconduct of the Indemnified
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Parties. Nothing in this indemnity shall be construed as authorizing any award of
attorney's fees in an action on or to enforce the terms of this Agreement.
13. INSURANCE
Without limiting consultant's indemnification of City, and prior to commencement
of work, Consultant shall obtain and provide and maintain at its own expense during the
term of this Agreement policy or policies of liability insurance of the type and amounts
described below and satisfactory to City. Certification of all required policies shall be
signed by a person authorized by that insurer to bind coverage on its behalf and must
be filed with City prior to exercising any right or performing any work pursuant to this
Agreement. Except workers compensation and errors and omissions, all insurance
policies shall add City, its elected officials, officers, agents,, representatives and
employees as additional insured for all liability arising from Consultant's services as
described herein. The insurance policies required are as follows:
All insurance policies shall be issued by an insurance company currently
authorized by the Insurance Commissioner to transact business of insurance in the
State of California, with an assigned policyholders' Rating of A (or higher) and Financial
Size Category Class VII (or larger) in accordance with the latest edition of Bests Key
Rating Guide: unless otherwise approved by the City Risk Manager.
A. Worker's compensation insurance covering all employees and principals
of Consultant, per the laws of the State of California.
B. Commercial general liability insurance covering third party liability risks,
including without limitation, contractual liability, in a minimum amount of $1
million combined single limit per occurrence for bodily injury, personal
injury and property damage. If commercial general liability insurance or
other form with a general aggregate is used, either the general aggregate
shall apply separately to this Project, or the general aggregate limit shall
be twice the occurrence limit.
C. Commercial auto liability and property insurance covering any owned and
rented vehicles of Consultant in a minimum amount of $1 million combined
single limit per accident for bodily injury and property damage.
D. 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 ($1,000,000.00).
Said policy or policies shall be endorsed to state that coverage shall not be cancelled by
either party, except after thirty (30) days' prior notice has been given in writing to City.
Consultant shall give City prompt and timely notice of claim made or suit instituted
arising out of Consultant's operation hereunder. Consultant shall also procure and
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maintain, at its own cost and expense, any additional kinds of insurance, which in its
own judgment may be necessary for its proper protection and prosecution of the work.
Consultant agrees that, in the event of loss due to any of the perils for which it has
agreed to provide comprehensive general and automotive liability insurance, Consultant
shall look solely to its insurance for recovery. Consultant hereby grants to City, on
behalf of any insurer providing comprehensive general and automotive liability
insurance to either Consultant or City with respect to the services of Consultant herein,
a waiver of any right of subrogation, which any such insurer of said Consultant may
acquire against City by virtue of the payment of any loss under such insurance.
14. PROHIBITION AGAINST TRANSFERS
Except as specifically authorized under this agreement, Consultant shall not
assign, sublease, hypothecate or transfer this Agreement or any of the services to be
performed under this Agreement, directly or indirectly, by operation of law or otherwise
without prior written consent of City. Any attempt to do so without consent of City shall
be null and void.
The sale, assignment, transfer or other disposition of any of the issued and outstanding
capital stock of Consultant, or of the interest of any general partner or joint venturer or
syndicate member or cotenant if Consultant is a partnership or joint- venture or
syndicate or co- tenancy, which shall result in changing the control of Consultant, shall
be construed as an assignment of this Agreement. Control means fifty percent (50 %) or
more of the voting power, or twenty-five percent (25 %) or more of the assets of the
corporation, partnership or joint- venture.
15. OWNERSHIP OF DOCUMENTS
Each and every report, draft, work product, map, record and other document
reproduced, prepared or caused to be prepared by Consultant pursuant to or in
connection with this Agreement shall be the exclusive property of City.
Any use of completed documents for other projects and any use of incomplete
documents without specific written authorization from Consultant will be at City's sole
risk and without liability to Consultant. Further, any and all liability arising out of
changes made to Consultant's deliverables under this Agreement by City or persons
other than Consultant is waived against Consultant and City assumes full responsibility
for such changes unless City has given Consultant prior notice and has received from
Consultant written consent for such changes.
Consultant shall, at such time and in such form as City may require, furnish reports
concerning the status of services required under this Agreement.
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16. CONFIDENTIALITY
The information which results from the services in this Agreement, is to be kept
confidential unless the release of information is authorized by City.
17. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of his responsibilities under this
Agreement, City agrees to provide access to, and upon request of Consultant, one copy
of all existing record information on file at City. Consultant shall be entitled to rely upon
the accuracy of.data and information provided by City without independent review or
evaluation. City will provide all such materials in a timely manner so as not to cause
delays in Consultant's work schedule.
18. ADMINISTRATION
This Agreement will be administered by the City Manager's Office. Sharon Z.
Wood, Assistant City Manager shall be considered 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.
19. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement. All such records shall
be clearly identifiable. Consultant shall allow a representative of City to examine, audit
and make transcripts or copies of such records during normal business hours.
Consultant shall allow inspection of all work, data, documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment under this Agreement.
20. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to constitute a
failure to pay according to the terms of this Agreement. Consultant shall not discontinue
work as a result of such withholding. Consultant shall have an immediate right to
appeal to the City Manager or his designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of seven
percent (7 %) per annum from the date of withholding of any amounts found to have
been improperly withheld.
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21. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the work accomplished by
Consultant, the additional design, construction and /or a restoration expense shall be
borne by Consultant. Nothing in this paragraph is intended to limit City's rights under
any other sections of this Agreement.
22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with the Project.
23. CONFLICTS OF INTEREST
A. The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such
persons to disclose financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits
such persons from making, or participating in making decisions that will
foresee ably financially affect such interest.
B. If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for
termination of this Agreement by City. Consultant shall indemnify and
hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
24. SUB - CONSULTANT AND ASSIGNMENT
City and Consultant agree that sub - consultants may be used to complete the
work outlined in the SCOPE OF SERVICES. The sub - consultants, authorized by the
City are identified in EXHIBIT "A ". Except as specifically authorized under this
Agreement, the services included in this Agreement shall not be assigned, transferred,
contracted or subcontracted without prior written approval of City.
25. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the third business day after the deposit thereof in the United States
mail, postage prepaid, first class mail, addressed as hereinafter provided.
All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
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City of Newport Beach
ATTN: Patricia Temple, Planning Director
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA, 92658 -8915
(949) 644 -3222 Fax 644 -3020
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
EIP Associates, Inc.
ATTN: Elwood C. Tescher, AICP
12301 Wilshire Boulevard, Suite 430
Los Angeles, California 90025
(310) 268 -8132 Fax 268 -8175
26. TERMINATION
26.1 In the event either part hereto fails or refuses to perform any of the
provisions hereof at the time and in the manner required hereunder, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) days, or if more than two (2) days are reasonably required to
cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) days after receipt of written notice of default, specifying the
nature of such default and the steps necessary to cure such default, the non - defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
26.2 City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to Consultant
as provided herein. Upon termination of this Agreement, City shall pay to the
Consultant that portion of compensation specified in this Agreement that is earned and
unpaid prior to the effective date of termination.
27. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules
and regulations enacted or issued by City.
28. WAIVER
A waiver by either party of any breach of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach of the
same or any other term, covenant or condition contained herein, whether of the same or
a different character.
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29. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the Parties hereto, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions herein. Any modification of this
Agreement will be effective only by written execution signed by both City and Consultant.
30. PATENT INDEMNITY
The Consultant shall indemnify City, its agents, officers, representatives and
employees against liability, including costs, for infringement of any United States' letters
patent, trademark, or copyright infringement, including costs, contained in Consultant's
drawings and specifications provided under this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed on the day and year first written above.
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Homer Bludau
City Manager
City of Newport Beach
APPROVED AS TO FORM:
Robin Clauson
Assistant City Attorney
CONSULTANT
EIP Associates, Inc.
By:
Terri Vitar, Regional Vice President
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City of Newport Beach GENERAL PLAN UPDATE
SCOPE OF WORK, BUDGET, SCHEDULE
EXHIBIT "A"
EIP ASSOCIATES ■ June 10, 2003
The following describes the proposed scope of work that will be
conducted by EIP Associates for the preparation of an updated General
Plan (GP) and Environmental Impact Report (EIR) for the City of Newport
Beach. It has been developed in response to the input from the Newport
Beach General Plan Update Committee (GPUC), Planning Commission, and
City staff.
EIP will serve as the project manager and have primary responsibility for
the work tasks and products. Transportation tasks will be conducted by
Urban Crossroads and fiscal and economic tasks by Applied Development
Economics (ADE).
The proposed scope of services is structured in four sections. The
technical work tasks to be performed and products are described in the
first, the public involvement program is described in the second,
including the General Plan Advisory Committee (GPAC) and general public
forums, the City's oversight and staff involvement, including the General
Plan Update Committee (GPUC), are described in the third, and the
technical Geographic Information System (GIS) work scope is described in
the fourth.
The work program describes each task to be performed, methodologies,
and products to be produced. All products will be delivered to the City in
electronic format, including text, graphics, and maps, and the City will be
responsible for their reproduction and distribution. Miscellaneous
memoranda, meeting notes, and other documents will be produced and
submitted to the City during the work program in addition to those
described herein.
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SCOPE OF WORK, BUDGET, SCHEDULE
A. TECHNICAL WORK SCOPE
1.0 PROJECT ORIENTATION
1.1 Organizational Meeting
A meeting will be conducted with City representatives to:
Introduce and identify the responsibilities of the consultant team
and City staff;
Confirm the work program objectives, tasks, products, and
preliminary schedule;
■ Establish a schedule for City and consultant management and
coordination meetings;
Establish a schedule and procedures for Planning Commission and
City Council benchmark study sessions;
• Establish protocols for the submittal, review, and approval of
consultant work products; and
Identify and obtain relevant studies, reports, plans, environmental
documents, and other materials that have not previously been
provided to the consultant team.
A project schedule will be developed using Microsoft Project 2002 or
FastTrack Schedule 8 for monitoring project progress and will be updated
at least once each two weeks. Each task item and duration, including
starting and ending dates, will be listed.
Product
• Work schedule in Microsoft 2002 or FastTrack Schedule 8 format.
1.2 Establish Updated General Plan Formats
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Formats will be prescribed for the documentation of baseline technical
studies, the GP, and EIR, as well as public summary documents and
presentation materials. We will meet with City staff to review options and
select a preferred organizational format for the GP (existing elements,
consolidated elements, topic- based, or other).
Product
• Work product specifications and out line
1.3 Field Reconnaissance
A one -day field tour of the City will be conducted by the consultant team
with City staff. It is recommended that a van or bus be used with
appropriate stops to observe and enable a discussion of pertinent land
use, community character, transportation, infrastructure, natural
resource, and other relevant issues. The survey will facilitate the common
discussion of important planning issues and enable all participants to
hear City staff perspectives.
2.0 BASELINE DATA AND ANALYSES
A comprehensive database describing Newport Beach's existing
conditions and key forecasts and trends that may affect its future will be
compiled. This will serve as the framework for Plan policy decisions,
supplementing the input received during the Public Visioning Process,
and the "Environmental Setting" section of the EIR.
The database will be compiled from information available from the City,
County of Orange, state and federal agencies, studies recently completed
for the Local Coastal Plan (biological and hazards and geo- technical), and
preliminary GP.Traffic and Fiscal studies. Additional original research and
field studies will be conducted for specific topics.
This data will be compiled, textually described, mapped in the GIS file
(where appropriate), and analyzed. Maps, photographs, illustrations,
tables, and charts will be extensively used to facilitate understanding of
the data.
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SCOPE OF WORK, BUDGET, SCHEDULE
2.1 Compile and Analyze Baseline Data
COMMUNITY DEVELOPMENT
2.1.1 Land Use
a. Existing Land Use. Existing land uses in the City will be depicted on
the base map and tabulated by type. As the City does not have an
existing parcel -based land use map, this will be accomplished through
the interpretation of aerial photographs, in collaboration with City
staff, and limited field surveys. The latter will focus on key issue areas
that have been identified in the Visioning Process (as documented in
the Community Directions for the Future Report) and by the G P U C
sub - committee and staff including West Newport, the John Wayne
Airport area, Corona del Mar commercial corridor, Old Newport
Boulevard, and Mariners Mile. Residential uses will be differentiated
according to the type of unit, such as single and multi - family units.
Commercial uses will be differentiated according to their function and
mix of uses, such as regional retail, neighborhood - serving retail,
tourist serving, highway corridor mixed, professional office, and so
on. Industrial uses will be classified similarly, such as business park,
marine - oriented manufacturing, and so on. Land use categories will
be formulated in collaboration with City staff.
The quantity of existing uses will be derived from the tabulation of
uses documented by Statistical Area and Traffic Analysis Zone (TAZ)
that is updated monthly by the City.
b. Zoning. The City's . existing land use zoning will be depicted. The
acreage of each land use category will be tabulated.
c. General Plan. The City's existing General Plan land use designations
will be depicted on the base map and the potential yield of
development tabulated. The latter will define the number of
permissible residential units and commercial and industrial building
square footage. These will be compared with the tabulation of
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existing uses to determine the additional increment of development
that could (theoretically) be accommodated in the City in the future.
Development thresholds imposed by Measure S on future General Plan
Amendments that require voter approval will be documented.
d. Approved and Pending Projects. Development projects that are
entitled but unbuilt and those that are currently in the process of
review and approval will be documented. Locations will be depicted
on the base map and the type and amount of development will be
described. This will not encompass minor projects, such as small
building additions or renovations. Data will be derived from the City's
Permit and Current Planning Case Log.
e. Specific and Special Area Plans. Approved Specific Plans and other
special area plans will be identified and their location depicted on the
base map. We will describe plan objectives, define the types and
amount of development accommodated and public improvements, as
well as their current status. Information will be obtained from City
staff.
f. Areas Susceptible to Change. Working with City staff, we will assess
the "susceptibility to change" of existing development as determined
by input in the Visioning Process, economic obsolescence or
underutilization, physical deterioration of buildings and
improvements, and /or incompatibility with adjacent uses. Locations
will be depicted on the base map.
2.1.2 Urban Form
Natural and built elements that contribute to the City's character and
urban form will be identified, depicted on the base map, and illustrated
by photographs. Natural elements may encompass such resources as the
City's coastline, harbor, bay, hillsides, canyons, and open spaces.
Newport Beach's overall urban form (districts, corridors, landmarks and
focal points, landforms, scenic corridors, and so) and the characteristics
of public streetscapes and open spaces will be described. The latter may
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include street trees and landscape, street furniture, lighting, signage,
sidewalk and crosswalk paving, and other distinguishing characteristics.
The City's land use pattern will be assessed for its defining characteristics
based on urban form typologies identified in collaboration with City staff.
As examples, (1) residential neighborhoods may be differentiated
according to those that exhibit "traditional neighborhood" characteristics
(as typified by interconnected street grids, housing oriented to the street,
parkways, and similar elements) and those that are "planned suburban"
neighborhoods (typified by curvilinear streets, cul -de -sacs, garage
prominence on the street, uniform architectural design, and so on); (2)
commercial areas may be differentiated according to "automobile -
oriented" corridors (e.g., Mariners Mile and Old Newport Boulevard),
"pedestrian oriented' corridors (e.g., Corona del Mar), and self- contained
centers (e.g., neighborhood shopping centers and Fashion Island); and (3)
industrial areas may be differentiated by those developed in a unified
"campus" environment and those that developed as independent sites
(e.g., harbor - related industrial).
2.1 .3 Population and Demographics
Working closely with City staff, this task would assemble existing
population and employment data for the City of Newport Beach. This
work would draw from the 2000 U.S. Census and existing documents,
including the City's updated Housing Element, and other studies as
identified. Additionally, information would be compiled from the County
of Orange's and the Southern California Association of Government's
socio- economic databases as they apply to Newport Beach.
2.1.4 Housing
The City's updated Housing Element's background data (housing
inventory, land availability, socio- demographic characteristics, etc.),
analyses (housing need, impediments, etc.), and issues will be compiles
and formatted for its inclusion in the Background Report. Where
applicable, 1990 data will be updated to reflect the 2000 U.S. Census.
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2.1.5 Historic Resources
Historic resources previously inventoried by the City will be reviewed and
discussed according to their architectural and /or historic significance and
value for the community. Literature will be surveyed to identify additional
resources not previously complied. Locations will be depicted on the
base map and photographs will document their salient characteristics.
2.1.6 Fiscal and Economic
a. Existing fiscal conclusions will be documented for inclusion in the GPU
Technical Background Report. This will be based on the published
Fiscal Report.
b. Identify any key planning issues associated with the conclusions of the
Fiscal Report and prior economic market analyses. These may address
such topics as the land use mix and existing zoning capacity (e.g., is
the City overzoned for commercial uses, other).
2.1.7 Growth Management
Existing growth management regulations pertaining to development in
the City of Newport Beach will be described. This will include City
Measure S and Traffic Phasing Ordinance and Orange County Congestion
Management requirements.
COMMUNITY INFRASTRUCTUREAND SERVICES
2.1.8 Circulation
a. Existing transportation network, traffic volumes, levels of service
analyses, and other pertinent information will be documented for
inclusion in the GPU Technical Background Report. The proposed
effort includes compiling data available from the traffic model update
effort, as well as compiling /collecting and analyzing additional data
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related to summertime conditions in the beach areas, particularly the
Balboa Peninsula.
b. Data for additional transportation systems, as identified in the State of
California General Plan Guidelines published by the Office of Planning
and Research, will be documented including public transit, aviation
(John Wayne Airport), bicycle, pedestrian, truck, and other (i.e., marine
transportation, including the Balboa ferry). Public transit will include
bus services, demand responsive services, and the potential future
role of the Centerline project that will pass within one mile of the City
of Newport Beach in satisfying the transportation needs of the City of
Newport Beach. Existing and planned bicycle and pedestrian facilities
will be identified. Any available data on truck activities, including
truck traffic volumes and truck routes, will be presented. Marine
transport issues will also be identified and discussed.
c. Data will be compiled and evaluated for the adequacy of parking (e.g.,
areas of the Newport Beach of unique concern). The scope of this
effort as proposed is limited to obtaining data from City staff
regarding qualitative parking issues and any quantitative information
that the City can provide. Qualitative information may include existing
neighborhood parking permit programs, areas where parking
issues/ shortages currently exist, and other parking problems that City
staff is aware of. Quantitative information that may be available from
the City would include public and/or private parking supply data or
previous parking utilization studies. The scope of work does not
include parking utilization surveys or other field data collection and
analysis of the resulting data. If desired, such surveys and analysis can
be provided as an additional scope and budget item.
2.1.9 Infrastructure
EIP will review Newport Beach's infrastructure master plans and other
applicable documents and meet with the respective agencies and service
providers to identify service areas, existing and planned improvements,
their capabilities to support future growth, and needs to upgrade or
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replace existing facilities to support the City. Areas of the City, if any,
constrained by infrastructure limitations will be identified. Resource
conservation programs and requirements being or planned for
implementation by the service agencies will be documented (e.g.,
wastewater recycling, storm water recapture and detention, energy
conservation, etc.) Infrastructure to be documented will include:
• Domestic Water
• Reclaimed Water
• Sanitary Sewer
• Solid Waste
• Stormwater and Drainage
• Electricity
• Gas
• Telecommunications
2.1.10 Domestic Water Review
EIP will work with the City in the compilation of available baseline
information supporting a Water Supply Assessment (WSA) for the GPU. SB
610 and SB 211 require new developments to submit a statement of the
source and availability of water for the project. SB 610 imposes these
new water planning requirements on projects above a certain size. SB
221 imposes similar requirements on any application to subdivide
property.
Any project generating demand for water at least as great as that for 500
dwellings requires a Water Supply Assessment (WSA). Where applicable,
the local public water supplier is required to prepare the WSA under both
SB 610 and SB 221.
While these requirements do not currently pertain to GPs, there is
pending State legislation that would shift the burden of this assessment
to the GP process and may result in requirements for the preparation of a
separate Water Element. As the specific requirements of such an element
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are speculative at this time, we propose for the purposes of this work
program to document the availability of water as defined by the local
water service agencies' WSAs.
Generally, these must include the following information:
• The water supplier's source(s) of water
• Historical supply of water
• Projected supply of water
• Legal documentation of water right
• Projected water demand from the development
• Sufficiency of the supply to meet the demand
2.1.11 Parks and Recreation
Information regarding the City's existing and planned parks and
recreation facilities and programs contained in the 1998 Recreation and
Open Space Element will be updated to reflect the annexation of Newport
Coast and Bonita Canyon. Inland park locations and coastal recreational
resources will be depicted on the base map and categorized according to
type (e.g., mini, neighborhood, community, regional, and coastal -
serving). As available, data describing existing usership will be
summarized, including annual beach visitors.
We will consult with the City's Recreation and Senior Services Department
to ascertain their perceptions of the effectiveness of existing facilities
and programs to satisfy resident needs. In particular, this would examine
the programming of existing parks correlated with current and projected
user demands. For example, in recent years, we have experienced a shift
from traditional park facilities (e.g., baseball and basketball) to soccer
fields that have greater land requirements, thereby changing the
character of parks. Recreation providers will be queried regarding their
perceptions of resident demands for specific facilities and programs.
Critical shortfalls in supply will be summarized.
The status of the City's non - motorized transportation network, including
pedestrian activity areas, hiking trails, bikeways, and equestrian trails will
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be identified and described. Areas that have been improved, are
incomplete, and planned will be specified.
Existing and planned coastal access trails will be identified based on
information provided in the City's Local Coastal Plan and Harbor and Bay
Element.
2.1.12 Harbor and Bav
Existing uses, improvements, and usership of Newport Harbor and Bay
will be summarized, based on information prepared for the City's Local
Coastal Program.
2.1.13 Arts and Cultural
Existing and planned arts and cultural facilities will be identified,
described, and their locations depicted on the base map. These may
include libraries, museums, live- performance venues, art exhibition
spaces, and comparable facilities.
ENVIRONMENTAL RESOURCES
2.1.14 Plant and Animal Resources
Significant plant and wildlife species and habitats in the City of Newport
Beach and existing and planned conservation areas and those subject to
resource management programs will be identified. Plant and animal
resources studies completed for the City's LCP will be independently
reviewed by EIP biologists for their completeness and adequacy in
establishing Conservation policy. Any data gaps associated with existing
information will be identified and addressed.
The review of general habitat /plant community types will focus on areas
of the City in which new development may be considered, such as
Banning Ranch. This will be accomplished through the interpretation of
aerial photographs and review of existing project EIRs and other studies.
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Sensitive and critical habitat areas will be depicted on the base map.
Applicable regulatory requirements for identified resources will be
summarized.
2.1.15 Marine Resources
Marine biological resources documented for the City's LCP will be
summarized. This will encompass sandy beach /soft bottom, rocky, and
open water habitats, including those classified as "sensitive." Existing
and planned programs for habitat preservation and restoration will be
described.
2.1.16 Water Resources. Watersheds. and Water Quality
EIP hydrologists and environmental planners will review water resource,
watershed, and water quality documentation and update it where
necessary to describe current conditions. Watersheds, surface water, and
blue line streams will be depicted on the base map. Water quality data
will be obtained from water service providers. Existing reclaimed water,
water conservation, and groundwater recharge will be documented.
Existing watershed and water quality protection regulations will be
identified, such as NPDES discharge requirements.
2.1.1 7 Topography. Hillsides, and Ridgelines
The City's topographic characteristics will be described, based on U.S.
Geological Service mapping, research completed by Earth Consultants
International, and other source information available from the City. Slope
characteristics and elevations will be generally described. We will consult
with the City to establish criteria defining primary and, if applicable,
secondary ridgelines
2.1.18 Visual Resources
The City's open space resources will be addressed, identifying important
visual resources and pertinent viewsheds. These resources will be
depicted on the base map and their characteristics described.
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Representative elements may include the coastline, coastal bluffs, harbor
and bay, hillsides and canyons, parks, streamside woodlands flood
control lands, and utility rights -of -way.
2.1.19 Mineral Resources
Information pertaining to the City's land /mineral and off -shore oil and
gas resources, if any, will be identified based on a review of available
literature from the California Geological Survey (formerly know as the
Division of Mines and Geology), U.S. Department of Agriculture, other
State and federal sources, and the City's Utilities Department. Recent
legislation pertaining to land resources will be reviewed and its
implications for the City will be summarized.
2.1.20 Air Quality
The City of Newport Beach's climate, wind flow, and meteorology that
influence its pollution potential will be discussed, and up -to -date results
of monitoring for pollutants conducted by the Orange County Air
Pollution Control District and California Air Resources Board will be
summarized. The most recent air quality data from monitoring stations
within the vicinity of Newport Beach for the past three years will be
included. The regulatory framework will include an explanation of the air
pollution control programs that are currently in place at the state (i.e., the
Risk Reduction Plan to Reduce Particulate Matter Emissions from Diesel-
Fueled Engines and Vehicles) and regional (i.e., the Air Quality
Management Plan) levels. A summary of current air quality management
efforts that may be related to the GP will be provided.
PUBLIC HEALTHAND SAFETY
2.1.21 Geology
EIP will summarize background information pertaining to Newport
Beach's geologic setting and hazards prepared for the City by Earth
Consultants International. This will document the City's physiographic
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setting, geologic units, hazards (e.g., landslides and slope instability,
expansive soils, ground subsidence, erosion, and so on) by text and
maps.
2.1.22 Seismic Hazards
EIP will summarize background information pertaining to Newport
Beach's seismic setting and hazards prepared for the City by Earth
Consultants International. This will document the City's faulting,
earthquake potential, historic earthquakes, potential groundshaking,
liquefaction, and seismically induced landslides and slope failure,
emergency response programs, and other pertinent information.
2.1.23 Flood Hazards
EIP will summarize background information pertaining to Newport
Beach's flood hazards prepared for the City by Earth Consultants
International. This will document the City's historic flood flows, flood
hazard areas (100 and 500 year), seismically induced flood hazards
(including dam failure), existing emergency response programs, and
other pertinent information.
2.1.24 Marine Hazards
EIP will summarize background information pertaining to Newport
Beach's marine hazards prepared for the City by Earth Consultants
International. This will document tidal variations (mean sea level,
extreme high tide), tsunami inundation, storm surges and seiches,
coastal erosion hazard, existing emergency response programs, and
other pertinent information.
2.1.25 Fire Hazards
EIP will summarize background information pertaining to Newport
Beach's wildland and urban fire hazards prepared for the City by Earth
Consultants International. This will document the City's historic fires,
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vegetation flammability, urban structures of risk, and other pertinent
information.
Existing fire service facilities will be described including their location,
number of personnel, and equipment. Standards for service response will
be compared with actual experience during the past five years, based on
Fire Department input.
2.1.26 Noise
Noise from traffic, harbor, industrial activities, and the John Wayne
Airport currently affects the uses within the City. Noise modeling at up to
160 locations will be used to define the current noise emission levels
associated with select highway and roadway noise sources. The existing
noise exposure along major thoroughfares will be depicted on the base
map with noise contours in increments of 5dBA above a 60 dBA CNEL or
Ldn. Noise levels will be depicted for the street segments for which traffic
volumes were documented in the GP Traffic Analysis Report, prepared by
Urban Crossroads.
Noise contours in 5 dBA increments will be depicted on the base map
using data obtained from the Orange County John Wayne Airport Land
Use Plan (ALUP), as updated by the EIR for the Settlement Agreement
Extension. Fixed sources of noise will be discussed qualitatively and,
where necessary, characterized with field tests. Field tests at up to 20
locations will characterize traffic or fixed noise sources, and the test
locations will be mapped on the noise contour map to document citywide
conditions. Land uses in the City that are especially "sensitive" to noise
(e.g., residences, quiet open spaces, schools, religious institutions) will
be discussed. To provide context for the discussion of the conditions,
the characteristics of environmental noise and existing noise — limiting
regulations, policies, and guidelines will be summarized. A discussion of
compatibility of existing land uses with the noise conditions will identify
where "sensitive" uses (e.g., schools, health care, and single family
residential) of the City are currently exposed to unacceptable noise levels.
Additionally, noise issues associated with the interface of residences with
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commercial, entertainment, and /or tourist - oriented uses will be
discussed.
2.2 Prepare Technical Background Report
Research, analyses, and forecasts completed in the preceding tasks will
be consolidated into a Technical Background Reportthat will be used in
the formulation of the updated General Plan and incorporated as the
"Environmental Setting" section of the EIR. The Report will be prepared in
an 8.5" x 11 " format and published in black and white, except where
color graphics may be necessary to ensure clarity of the information that
is presented. To facilitate understandability by all readers, tables, charts,
maps, photographs, and illustrations will be extensively used. In addition
to hard copies, we will provide the City with the electronic text and GIS
files to facilitate subsequent updates and use.
Products
• Administrative Draft Technical Background Report one electronic file
• Final Technical Background Report- one electronic file and G/S data layers
(copies will be reproduced by the City)
2.3 Trends and Forecasts
2.3.1 Forecasts
Population and employment growth forecasts for the City will be
documented, including those from the Southern California Association of
Governments (SCAG), the State of California Department of Finance, and
other recognized sources. Implications for the City will be discussed,
including inconsistencies with underlying visions and values articulated
during the GP Update Visioning Process. It is recognized that such
forecasts are often controversial and subject to negotiation and,
consequently, this information will be used as a reference point only for
the City's planning.
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2.3.2 Trends
As a long -term planning document, it is important to understand the
significant trends that may affect the City of Newport Beach over the next
20 years. For example, the nation's senior population is growing with
longer life expectancy resulting in changing housing demands, need for
greater services (health care, social, recreation, etc.) and public transit,
reduced disposable income and expenditures for retail goods and
services, and similar effects. At the same time, California's changing
ethnicity is resulting in larger families and number of children. This
skewing at the other end of the age continuum, also impacts housing, the
economy, recreation needs, health services, and similar factors.
Other community impacts result from the "digital revolution." The use of
personal computers and "e- commerce" make it possible for a larger
percentage of the population to work and shop at home, reducing the
need for daily trips to the office and increasing demands for home
businesses. Until the recent recession, electronics businesses were
aggressively seeking building space and driving up the costs of industrial
land throughout the southern California region.
These and other trends may have profound affects on the types of land
use, transportation systems, and services that are provided in the City, as
well as on municipal revenues and costs. The understanding of these
trends is critical to ensure the long -term usefulness of Newport Beach's
updated GP.
EIP will prepare a descriptive profile of the significant physical,
technological, economic, and social trends and changes that may impact
Newport Beach in the future. These will be identified through research,
review of literature and studies (e.g., UCI Chancellor's office documents),
conversations with experts, and the consultant's exhaustive "futures"
documentation prepared for the University of California system.
Implications of these trends on the City will be defined and discussed
with City staff, decision - makers, and the GPAC.
Product
• Memorandum Summary of Key Forecasts and Trends: one electronic file
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3.0 PLANNING ISSUES
The key physical, environmental, and economic conditions and trends
evaluated during the preceding tasks will be assessed according to their
implications for the City—as opportunities, constraints, challenges, or
problems. These will represent the framework of planning issues,
supplementing those defined during the public visioning process, for
which GP must be updated. Their definition will be confirmed through
input from City staff workshops, Planning Commission/City Council study
sessions, and GPAC meetings.
Defined issues and visions will be listed in a matrix and their implications
for community planning defined (e.g., "influences land use type or
location" or "requires policies and standards to mitigate impacts "). Issues
that pertain to specific locations in the City, such as stable residential
neighborhoods, underutilized commercial lands, areas of high noise
exposure, or significant plant and animal habitats will be depicted on the
base map.
The consolidated issues will be presented and reviewed at meetings of
the GPAC, GPUC, Planning Commission, and City Council.
A newsletter will be prepared for public distribution that will summarize
background information about the City and the key issues that need to be
addressed in the planning process. EIP will produce and submit to the
City original artwork and an electronic file for reproduction and
distribution to residents, businesspersons, property owners, and other
interested parties. Graphics, charts, photographs, and other visual
materials will be used to stimulate interest in the planning process. The
summary will, also, be incorporated on the City's GP Web Site.
Product
Newport Beach Planning issues Report: one camera -ready original and
one electronic file
Newsletter summary of conditions and issues: one electronic original
and Web Page update
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4.0 GUIDING PRINCIPLES
A framework of principles will be identified to guide the formulation of
the land use alternatives and updated GP policies, in consideration of the
issues identified in the preceding technical studies. These will constitute
the set of "non- negotiable rules" for which all policy options
subsequently considered must adhere. These will start from and expand,
as appropriate, the Community Directions for the Future defined during
the Visioning Process. Representative principles may include the
differentiation of the City's commercial districts to reflect their unique
roles and character, qualities of physical development and places,
balance of new housing and jobs - generating uses, balance of
community - serving uses with tourism, and performance criteria for the
"fit" of development with natural topography and creeks. The list of
principles should be comparatively brief, as they will guide detailed policy
formulation and used to resolve any disputes among conflicting
objectives related to individual Plan elements.
The Guiding Principles will be formulated in consideration of input from
the GPAC and City staff. They will be presented to the GPUC, City
Council, and Planning Commission for review and concurrence. A final
version will be prepared to reflect the input received.
Product
• Guiding Principles for the General Plan Update: one electronic file
5.0 LAND USE ALTERNATIVES
Alternative land use plans will be formulated, evaluated for their
comparative transportation, fiscal, and environmental impacts, and a
preferred plan selected.
5.1 Formulate Alternative Land Use Development Scenarios
Alternative land use development scenarios will be formulated in context
of the visions and principles expressed in the Community Directions for
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the Future Reportand input from the GPAC. At the outset, areas of the
City in which existing uses and densities would be maintained and open
space preserved will be identified. Where new development or re -use
would be targeted, options for the uses to be accommodated, their
densities, and physical design /urban form characteristics will be defined.
Land use alternatives will be formulated for specific sub -areas of the City
and respond to the issues and objectives identified during the visioning
process and input from the GPUC. These include:
• Old Newport Boulevard
• Mariners Mile
• Cannery Village
• McFadden Square
• Santa Ana Heights
• Newport Shores
• Central Balboa
• John Wayne Airport Area
• West Newport Residential
• West Newport Industrial
• Banning Ranch
• Corona del Mar
• Newport Center /Fashion Island
• Lido Marina Village
• Civic Center Area
For each sub -area, a Policy Options Discussion Paperwill be prepared
that documents pertinent existing conditions and planning opportunities
and constraints. Alternative land use scenarios will be formulated to
address these based on input from the GPAC and City staff. The range of
options will vary among the sub - areas, in consideration of their unique
issues and opportunities. The alternatives will specify development goals
and the intended functional role for the area, potential uses, density
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(units per acre) or intensity (floor area ratio), and any unique design
objectives (e.g., pedestrian- oriented commercial or mixed- use /mixed-
density residential neighborhood). The development capacity of the
alternatives will be calculated, specifying the number of dwelling units (by
type), population, commercial and industrial square footage, employees,
and other pertinent descriptors.
Land use development options will be narratively described and depicted
on report, presentation, and GIS base maps. As appropriate, pertinent
land use concepts will be illustrated by prototypical site development
concept sketches and /or photographs of comparable projects.
Products
• Land use alternatives discussion papers (one for each sub - area): one
electronic file
• Alternative land use plan maps, narrative description, use table, and
illustrative graphics: one camera -ready original and electronic Me
• Alternative land use plans presentation maps and G/S file (one original for
each plan)
5.2 Evaluate Land Use Alternatives
Alternative land use scenarios for the selected sub -areas will be
evaluated for their comparative fiscal, circulation, and environmental
impacts. The findings, along with the alternatives, will be reviewed with
the GPAC, GPUC, and at Planning Commission/City Council study
sessions. Input received will be used to refine the alternatives and,
ultimately, as the basis for the selection of a preferred plan.
5.2.1 Transportation Impacts
Traffic impacts of the alternative land use plans will be evaluated. The
proposed scope and accompanying budget assume that four overall
scenarios can be developed that capture the various land use and /or
roadway network changes that may be contemplated by the City. The
proposed analysis would evaluate conditions on all roadways and at the
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60+ intersections that are included in the updated traffic model
forecasting system.
One scenario should focus on a constrained roadway system that
eliminates infrastructure that may be infeasible due to environmental or
other constraints. At a minimum, the extension of the SR -55 Freeway,
the proposed future crossing of the Santa Ana River at 1 gth Street, and
the widening of Coast Highway through Mariners Mile fall into this
category.
The second scenario should focus strictly on land use changes that are
either considered desirable by the City or reflect existing levels of
development in areas that are unlikely to be subject to substantial
redevelopment.
The third scenario would then reflect specific direction from the project
team and /or public participants regarding potentially desirable
combinations of roadway system elements and land use revisions that
provide the required balance between the Circulation Element and the
Land Use Element.
The fourth scenario is envisioned as a final scenario that would be
required to fine -tune the recommended circulation plan based on the
results of all of the previous alternatives and baseline conditions
information.
This effort also includes specialized trip distribution analysis that would
be used to identify the source of traffic utilizing specific segments of the
roadway system. The proposed budget would allow such analysis at up
to 8 locations throughout the City.
Alternative transportation system improvements will be identified and
evaluated in concert with the land use alternatives. Improvements may
include physical improvements to the roadway system, operational
strategies to maximize available capacity, or enhancements to other
modes of transport designed to relieve traffic on key roadway elements.
5.2.2 Fiscal and Economic Impacts
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The fiscal impacts of alternative land use plans will be evaluated,
focusing on specific opportunities and changes, as well as summarizing
results on a citywide level. The assessment will measure feasibility, as
well as broad indicators of fiscal and financial conditions, to provide a
basis for policy development and refinement. This work will reflect ADE's
prior efforts involving revenue and cost forecasting in Newport Beach.
Fiscal outcomes of alternatives, while an important consideration, will be
balanced with other evaluation criteria and community values.
The fiscal analysis will address the land use changes for each alternative
for each area and show the results separately for each area. The analysis
will reflect any variations in the City's cost to provide services to specific
areas of town. It will also model the effects of changing land use
intensities as well as the land use mix if that is germane to the General
Plan alternatives analysis.
Additionally, the market "reasonableness" of land use options will be
assessed. As an example, the economic market support for mixed use
(residential and commercial development) in sub -areas of the City, such
as Mariners Mile, would be assessed.
5.2.3 Environmental Impacts
Alternative land use scenarios will be reviewed according to their
environmental impacts. This will be a generalized "screening" that will
focus on the identification of impacts that cannot be readily mitigated or
require substantial costs, as well as any "fatal flaws." EIP will work with
City staff in defining acceptable "thresholds of significance" to be used in
this analysis, in consideration of state and federal requirements,
including the California Coastal Act, where applicable. This evaluation
will be facilitated by the overlay of land use plan alternatives onto
environmental resource and hazard data base GIS maps. This analysis
will contribute to the "Alternatives" section of the EIR.
5.3 Prepare Alternatives Report
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The alternative land use plans for Newport Beach and analyses of their
comparative impacts will be documented. This will include narrative text,
tables, plan maps, and illustrative graphics. A draft Alternative Futures
Reportwill be distributed for the City staff's review and comment and
final version published incorporating revisions reflecting their comments.
The Alternatives Futures Reportwill be posted on the GP Update Web
Page and a summary will be incorporated in a newsletter for distribution
to City residents and businesses. It will be written in a highly simplified
and visual format to provoke public discussion and interest. Local
newspapers will be encouraged to review and highlight the alternatives in
articles.
Products
• Alternative Futures Report (draft and final): one electronic file and
camera -ready original
• Posting on the General Plan Web Page
• Newsletter., one electronic file and camera -ready original
5.4 Review Alternatives
Alternative land use plans will be reviewed at GPAC and GPUC meetings,
Planning Commission and City Council study sessions, and in a citywide
workshop (refer to subsequent sections of the Scope of Services).
5.5 Select Preferred Land Use Plan
During the review of the alternatives, we will facilitate the ranking of the
alternatives and selection of a preferred land use option for each
community sub -area. These may represent one of the alternatives or a
new option in response to issues and comments that have been raised in
the workshops and study sessions. The selected growth and land use
concept will provide the basis for the subsequent policy formulation for
all updated GP elements.
As the alternatives, the selected plan will be narratively described and
depicted on report, presentation, and GIS base maps. The development
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yield of the selected plan will be calculated including the number of
housing units, commercial and industrial building square footage, park
and open space acreage, and other pertinent descriptors. The data will
be tabulated citywide, for each Statistical Area, and the Traffic Analysis
Zones (fAZs). Subsequent tasks will formally document and establish
policy for the land use concept.
Products
• Proposed land use plan maps, narrative description, and use table: one
camera -ready original and one electronic file
• Proposed land use plan presentation map, slides, and C15 file: one
camera -ready original and electronic copy
6.0 FORMULATE GENERAL PLAN POLICY
Goals, policies, and programs will be formulated for each of the GP
elements to reflect the defined issues, Community Directions for the
Future, planning principles, and selected land use development strategy.
For each element of the Plan, a hierarchy of goals, policies, and, where
appropriate, standards will be specified. Implementation programs will
be structured as a separate section of the Plan document. Each goal will
be correlated with one or more policies. One or more implementation
programs will be referenced by each policy. Standards will be defined
where they are appropriate, such as commercial floor area ratio and
housing density.
6.1 Review Existing Policies
At the outset, existing GP policies will be reviewed for their:
■ Consistency with the Community Directions for the Future and
Guiding Principles,
• Consistency with the selected growth and land use plan,
• Applicability to the defined issues and visions,
• Past effectiveness,
• Consistency with current city policies, programs, and practices,
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• Consistency with legislation and case law,
• Reflection of state -of- the -art planning practices,
• Understandability, and
• Political and community acceptability.
Deficiencies and policy gaps will be identified, reviewed, and confirmed
with City staff. Policies and programs that meet these criteria will be
retained and supplemented by modifications of existing and new policies
and programs to account for the deficiencies.
6.2 Formulate Preliminary Policies
The following describes the general scope of policy topics to be
addressed in the updated GP. It is anticipated that these may be
modified or supplemented as issues and community objectives are
identified during the planning process and in consideration of the GPAC's
deliberations. They are presented according to the existing structure of
elements, which may be modified at the direction of the City (Task 1.2).
6.2.1 Land Use
Policies will be formulated to reflect and provide guidance for the
implementation of the selected land use plan map. Components will
include:
a. Citywide Structure and Distribution. Policies will be defined regarding
the overall structure and distribution of land uses throughout the City.
This will differentiate the City's residential neighborhoods, commercial
centers and corridors, business parks and industrial districts, coastal -
related uses; open spaces, street and highway network, and other
contributing land uses. Organizational principles will be described
and depicted on the base map.
b. land use Categories. Land use categories defined for the LCP Land Use
Plan will be used as the basis for the updated GP Land Use Element.
These may be "fine- tuned" to assure that they effectively reflect policy
intentions for the differentiation of the City's districts by function
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(e.g., neighborhood, region- serving, coastal - related, and highway -
oriented commercial) and/or reflect specific design and development
objectives (e.g., pedestrian- oriented commercial, "livable"
neighborhoods, environmental resource management, and so on).
Land use categories may also differentiate existing built areas, such as
single - family neighborhoods, where a restrictive list of uses is
necessary to ensure compatibility, from undeveloped lands or
commercial centers, and where flexibility may be necessary to account
for evolving market conditions and building products.
For each land use category, the principally permitted uses, density
(units per acre), intensity (floor area ratio), and applicable design and
development standards will be specified.
c. Land Use Diagram. A diagram will depict the distribution of land uses,
based on the defined use categories, to be permitted throughout the
City. This will reflect the selected land use development strategy.
d. Community Character Design and Development
Characteristics/ Prototypes. Specific development and design
characteristics for each pertinent land use category will be specified.
These will address how the design and development of individual
parcels can fit together to cumulatively create a distinct place,
neighborhood, or district. The characteristics will be written as
"standards" or "guidelines" and illustrated by sketches, concept
diagrams, and /or photographs of existing development that exhibit
the intended form and character. Examples include guidelines for
pedestrian oriented commercial districts (e.g., siting of buildings
along sidewalks /common building walls, streetscape amenities, etc.),
"traditional neighborhoods" (e.g., mixed housing densities, focus on a
neighborhood center, minimized garage frontages, etc.), and /or
sustainable development.
e. Development Capacity. The amount of development that will be
permitted for each category of land use will be tabulated by Statistical
Area. This will facilitate the review of the updated GP, as well as
future GP amendment requests, for consistency with the development
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thresholds specified by Measure S. It will also facilitate the planning
of circulation, infrastructure, and public services such as schools,
parks, fire and police facilities, libraries, and similar uses.
f. Other Land Use Issues. Policies will be formulated to address other
specific land use issues identified during the planning process.
Representative topics may include the interface of residential and
commercial uses, including entertainment, "fit" of visitor and tourist
oriented uses with the character of the community, integration of day-
care, home occupation, and religious facilities in residential
neighborhoods, and lot mergers.
6.2.2 Housing
Policies and programs contained in the City's updated Housing Element,
currently under HCD review, will be formatted for consistency with other
sections of and incorporated in the updated General Plan. These may
involve changes in the Element's documentation of housing opportunities
and capacity resulting from the selected land use plan.
6.2.3 Growth Management
The Element's documentation of circulation improvements will be
reviewed and modified as necessary to reflect the updated Circulation
Element, to assure consistency with Orange County's Measure M.
Additionally, growth management requirements of the City's Measure S
will be reflected in the policies.
6.2.4 Circulation
Urban Crossroads will assist in preparing the Circulation Element that
expresses the community of Newport Beach's policies with respect to all
modes of transportation (i.e., auto, trucks, transit, bikeways, trails,
marine /harbor, etc.).
A final iteration of traffic modeling will be conducted to account for the
increment of development accommodated by the updated Land Use
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Element. As the Alternatives Analyses, this will be correlated with the
identification of improvements for the circulation system. The City's
Master Plan of Streets and Highways will be modified, as necessary, to
reflect these analyses.
Policy will address quality -of -life issues and special topics that are of
unique interest and concern for Newport Beach. Examples include:
• External /th ru -traffic
• Coastal visitor and recreation traffic impacts
• Traffic calming
• "Hot spot" designations
• Transit opportunities
• Transportation System Management (TSM)
• Nexus responsibilities for future development
For traffic calming, the intent will be to include appropriate policy
statements within the Circulation Element that can facilitate appropriate
traffic calming programs. Specific areas to be addressed in the policy
statement are anticipated to include
• Application /restriction of measures based on street classification
and abutting land use
• General use and application of traffic calming techniques
• Adoption of a traffic calming policy
The "hot spot" designation focuses on specific problem areas, and
provides a mechanism for addressing such problem areas over time.
Other special issues may be identified during initial work sessions with
staff and from the GPAC and general public outreach program.
Policies will be identified to address critical parking deficiencies. These
may encompass the identification of facility improvements, such as
shared parking facilities, modification of existing parking standards for
new development, and other techniques.
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6.2.5 Recreation and Open Space
Policies contained in the 1998 Element will be reviewed and modified as
necessary to reflect the updated Land Use and Conservation Elements, as
well as issues and objectives identified during GPAC deliberations.
Opportunities for the development of new parklands and preservation of
open spaces in the targeted planning sub - areas, such as Banning Ranch,
will be considered. We will also consider policy for the inclusion of plazas
and landscape into major commercial and industrial developments that
provide new recreational opportunities and open spaces for the City.
6.2.6 Conservation of Natural Resources
a. Plant and Animal Resources. Policies will be defined for the
conservation and protection of important terrestrial plant and animal
resources. This may be accomplished through two basic techniques:
complete preservation by land acquisition and management and
development controls. The latter may involve the establishment of
resource conservation "overlays" (such as the Environmentally
Sensitive Habitat Areas for the Coastal Act) in which specific
development performance criteria are established to maintain the
resource's quality and comply with state and federal regulatory
requirements (e.g., Section 404 wetlands permitting, species take
permitting, and other). Controls may be imposed on the type, density,
siting, and design of development and habitat intrusion or removal.
b. Marine Resources. LCP policies for marine resources will be
summarized.
c. Water Resources, Watersheds, and Water Quality. As plants and
animals, policies may be defined for the management of development
to prevent impacts on water resources and watersheds. These will
consider pertinent NPDES and other state and federal requirements.
Additionally, we will consider policies that provide for reduced water
consumption through land use development (re- capturing rainwater
on -site, etc.), building design (low consumption showers and toilets,
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etc.), landscape, community infrastructure (wastewater recycling, etc.),
and other techniques.
d. Topography and Hillsides. Policies may be established for the
regulation of development to protect topographic forms, such as
coastal bluffs. These may address the type, density, siting (setbacks,
etc.), and design of development.
e. Visual Resources. Policies would provide for the creation and
preservation of the City's important visual resources (e.g., ocean,
shoreline, bay, coastal bluffs, hillsides, canyons, etc.) and viewsheds
of these. This may differentiate policy as it pertains to public viewing
locations, such as arterial highways, from those for the protection of
viewsheds from private properties.
f. Mineral Resources. To the extent appropriate, policies will be defined
to protect opportunities for the production of mineral resources.
g. Air Quality. Land Use policies for mixed use and higher density
development that result in reduced vehicle miles traveled and
Circulation policies that provide opportunities for use of alternative
transportation modes (transit, hybrid fuel vehicles, pedestrian, bicycle,
and other) or otherwise reduce demands (e.g., flexible work
schedules) would reduce air pollution in the City. These, coupled with
the mitigation measures normally incorporated in project EIRs, provide
a foundation of air quality policies that may be incorporated into the
updated GP. At the direction of the City, supplemental policies may be
drafted that address building mechanical equipment and other
techniques to reduce pollution.
h. Energy. Policies for energy conservation may address site
development and building design (siting and orientation of buildings,
building materials, daylighting, space conditioning, etc.), traffic
reduction (see preceding comments), and similar techniques.
i. Natural Materials. Policies that may be considered focus on
opportunities for the reduction of natural materials consumption
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through the use of alternative materials, waste recycling, efficient
packaging, and similar techniques.
6.2.7 Public Safetv
a. Geologic and Seismic Hazards. Policies and standards that reflect
current City and "best- engineering" and "best- management" practices
will be defined. These may address siting and design standards for
development, special standards for areas of high risk, and hazard
mitigation, as well as other considerations addressed by the
geotechnical background studies completed by Earth Consultants
International.
b. Flood Hazards. Policies and standards that address the mitigation of
flood hazards will be defined. Policy direction for additional flood
control improvements that may be necessary to protect areas of new
and existing development will be identified. Other policy direction
may address landscaping requirements to increase permeable surface
areas to reduce site runoff; improvements, if any, to the public storm
drainage system; and on -site mitigation requirements to reduce the
risk of flood - related impacts to downstream. These will elaborate
upon the policy options addressed in the flooding background studies
completed by Earth Consultants International.
c. Marine Hazards. Policies to mitigate marine hazards contained in the
recently completed LCP will be summarized.
d. Fire Hazards. Policies and programs to remedy potential wildland and
urban fire hazard problems will be identified, including property
maintenance and brush clearance requirements, renovation and
rehabilitation of dilapidated buildings, fire protection facilities, and
public awareness and participation in fire prevention. These will
elaborate upon the policy options addressed in the fire hazard
background studies completed by Earth Consultants International.
e. Emergency Preparedness. The EIP Team will work with City emergency
staff to review existing and, where appropriate, supplement policies
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related to emergency access, public awareness, and notification, risk
prevention and protection, post- emergency/ disaster recovery, and
other standards.
6.2.8 Noise
Potential changes to environmental noise that would occur under future
conditions with implementation of the updated GP will be assessed. The
noise impact analysis will focus on the potential for noise from future
traffic growth to adversely affect existing and planned land uses. Current
noise regulations and policies will be reviewed for their effectiveness. As
necessary, supplemental goals and policies will be developed to minimize
the potential for land use and noise conflicts and manage noise from
existing traffic and aviation sources, fixed sources, and temporary
activities such as construction.
6.2.9 Harbor and Bay
Policies contained in the adopted Harbor and Bay Element will be
reviewed and modified, as necessary, to reflect updates of the above GP
elements.
6.2.10 Arts and Cultural
Strategies to enhance the City's arts and cultural environment will be
defined. These will focus existing and new facilities, including libraries,
museums, exhibition space, performance venues, and other.
Opportunities to integrate cultural facilities with other types of
development, such as commercial and office centers, will be considered.
6.2.11 Historical Preservation
Strategies for the preservation of historical and architecturally significant
sites and buildings will be defined. Options range from the use of
markers to identify resources, incorporation of historical elements in new
development, design guidelines and incentives for owner restoration, and
acquisition and preservation.
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6.3 Prepare Policy Discussion Papers
Discussion papers summarizing key planning issues and policy options
will be prepared for key issues associated with the preceding topics.
These will be reviewed with, initially, City staff and, then, the GPAC.
Revisions will be prepared and reviewed at a community workshop and
Planning Commission and City Council study sessions.
Specific issue topics that have been identified by the GPUC and their
related element or plan section, indicated in parentheses, include:
■ Community Character, including mansionization, HOA's edge
interface, etc. (Land Use)
• Economic /Fiscal Development (Land Use and Economic
Development Strategic Plan)
• Tourism (Land Use and Economic Development Strategic Plan)
• Hotels (Land Use and Economic Development Strategic Plan)
• Historic Preservation (Historic Preservation)
• Transportation Improvements (Circulation)
• Public Transportation (Circulation)
• Remedies for Traffic in Neighborhoods (Circulation)
• Coastal Bluffs (Land Use and Conservation)
• View Preservation (Conservation)
• Tidelands (Conservation)
• Integrating Conservation Policies with Land Use Element (Land Use)
• Commercial - Residential Interface (Land Use and Noise)
• Arts and Cultural Resources (Arts and Cultural)
• Noise, including air conditioners, leaf blowers, party boats,
restaurants, etc. (Noise)
• Affordable Housing (Land Use)
• Lot Mergers (Land Use)
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Product
• Policy Discussion Papers: one camera -ready original and electronic file
for each topic
6.4 Review Policy Options
Updated GP policy options will be presented and input solicited at a
community workshop and Planning Commission and City Council study
sessions.
6.5 Select and Finalize Updated GP Policies
Comments received from the public and Planning Commission and City
Council study sessions will be reviewed with the City staff and GPAC.
Final draft updated GP policies will be prepared in consideration of this
input.
Product
• Compilation of Final Draft Policies: one camera -ready original and
electronic file for each topic
7.0 IMPLEMENTATION PROGRAMS
For each policy contained in the updated GP, corresponding action -
oriented implementation programs will be specified. This will constitute
a "blueprint," informing the public, decision - makers, developers, and City
staff as to the manner in which a policy will be achieved. Preliminarily,
they may encompass the following range of actions:
• Regulatory (plans and ordinances)
• Administrative
• Capital improvements
• Financing and budgeting
• Planning and studies
• Community programs
• Inter jurisdictional coordination
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■ Joint partnerships with the private sector
Each implementation program will include
• Description of the action
• Responsible entity /agency
• Costs
• Funding source(s)
• Methods to monitor the effectiveness of the program
Product
• Compilation of Implementation Programs: one camera -ready original and
electronic file for each topic
8.0 GENERAL PLAN DOCUMENTATION
A Draft Updated General Plan for the City of Newport Beach will be
prepared. A brief overview of existing City conditions, the Vision
Statement (contained in the Community Directions for the Future Report
and as it may be revised during the GP update process), Guiding
Principles, and goals, policies, and programs for each element will be
incorporated. The Technical Background Report will be published as a
separate document and referenced by the updated GP.
An administrative draft will be submitted to City staff and final document
published in response to any comments. For the purposes of the budget,
it is assumed that the EIP will be responsible for a single iteration of
revisions in response to City comments. A contingency will also be
established in the budget to provide for additional iterations.
In addition to the full text updated GP, pertinent presentation and GIS
maps, illustrative slides, and other materials will be prepared for public
display and hearings.
A summary of the draft Updated General Plan will be published and
distributed to the public as part of the public participation process. It will
be written in a generalized and visual format to provoke public
discussion and interest. The summary will also be placed on the General
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Plan Web Site. Local newspapers will be encouraged to review and
highlight the summary in articles.
Products
• Public hearing draft of Updated Newport Beach General Plan
(administrative and final): one camera -ready and one electronic file
• Presentation maps: one original of each
• G/S files
• Summary newsletter, tabloid, or other public documents: one camera -
ready and one electronic file
9.0 ENVIRONMENTAL IMPACT REPORT
9.1 Project Description, Initial Study (IS), and Notice of Preparation (NOP)
A detailed and comprehensive review of the updated Newport Beach
General Plan will be undertaken to assure complete understanding of the
individual components, and any associated potential environmental
impacts. The project description for the Program EIR will be submitted to
the City for review and approval prior to public distribution of the IS /NOP.
The finalized project description will serve as the basis for all
environmental analyses in the Program EIR.
The finalized project description will then be used to refine the IS so that
a NOP can be sent out for public review and comment. The IS /NOP will
include the project description, and would be distributed for a 30 -day
public review and comment period (per CEQA Guideline requirements).
Products
• Draft Project Description: one camera -ready and one electronic file
• 151NOP (including the project description): one camera -ready and one
electronic file
• Distribution of the IS/NOP
• Conduct a scoping meeting (concurrent with GP Policy Workshop)
9.2 Screencheck Draft Program EIR
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Existing conditions information will be compiled during the preparation
of the CP Technical Background Report and other existing City
documents, County documents for the project area, maps, or other
available resources. Additional information will be compiled by
contacting public service providers such as utility companies, school
districts, emergency service providers, etc. Using the evaluation of
existing conditions, the environmental setting of the City and existing
conditions for each environmental issue to be discussed in the Program
EIR will be prepared.
The EIR team will work closely with City staff to develop the thresholds
for evaluation of environmental impacts. These thresholds will be
developed and refined using City of Newport Beach adopted thresholds of
significance, previous similar EIRs, and applicable Federal, State, and local
standards. The City's involvement in the determination and approval of
thresholds is important when considering the level of significance for
impacts associated with the proposed updated GP. The Program EIR will
utilize the approved thresholds of significance to identify both the direct
and indirect impacts of the proposed GP.
To reduce or eliminate any significant adverse impacts identified during
the analysis, the Program EIR would recommend appropriate mitigation
measures. It is intended that the mitigation measures will be specified
early in the planning process as alternatives are identified and evaluated
and as policies are formulated in response to key issues that have been
identified. In this manner, the updated GP Elements can function as
"self- mitigating" documents. However, we recognize that residual
impacts may remain for which further mitigation and /or overriding
considerations must be established.
The objective of this task is to prepare a comprehensive, accurate, and
objective Program EIR for the City in a manner that fully complies with
CEQA and the CEQA Guidelines. The Screencheck Draft EIR will include
the following sections:
■ Table of contents
■ Summary of impacts and mitigation measures
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• Project description (project objectives, project location, project
characteristics, scope of project, and discretionary approvals)
• Effects found not to be significant
• Environmental setting, thresholds of significance, regulatory
framework, environmental impacts (short-term, long -term, direct,
indirect, and cumulative), and mitigation measures for the
following issue areas:
• Land Use
• Aesthetics and Visual Resources
• Coastal Access and Recreation
• Biological Resources
• Cultural and Historic Resources
• Traffic and Circulation
• Air Quality
• Noise
• Population, Housing, and Employment
• Geology, Soils, and Seismic
• Water Resources
■ Public Services and Utilities
■ Hydrology and Water Quality
• Energy
• Hazards and Hazardous Materials
• Alternatives (including the No Project Scenario)
• Unavoidable Adverse Impacts
• Long -Term Implications (including cumulative, growth- inducing,
and significant irreversible environmental impacts)
• Organizations and Persons Consulted /EIR Preparers
■ References
■ Technical Appendices not included in the TBR
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The methodology and criteria used for determining the impacts of the
project will be clearly and explicitly described in each section of the
Program EIR, including any assumptions, models, or modeling techniques
used in the analysis. The Summary section of the Program EIR will be in
table format, and will briefly describe the impacts, level of significance of
impacts, recommended mitigation measures, and level of significance
after the recommended mitigation measures are incorporated.
Product
• Screencheck Draft Program EIR: one camera -ready and one electronic file
9.3 Draft Program EIR
Upon City approval of the Screencheck Draft Program EIR, the document
will be modified, in close coordination with City staff, into a Draft
Program EIR for public distribution and review. During this period, EIP
will meet with the Environmental Quality Advisory Committee (EQAC) to
review the EIR's analyses and findings. EIP will prepare the Notice of
Completion (NOC) for submittal of the Draft Program EIR to the State
Clearinghouse (SCH).
Products
• Draft Program RR: one camera -ready and one electronic file
• Notice of Completion: one camera -ready and one electronic file
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9.4 Response to Comments
This task will result in the preparation of an Administrative Final Program
EIR, which will contain a list of commenters, comment letters, and
responses to comments on the Draft Program EIR. The City's project
coordinator will compile and transmit all written comments on the Draft
Program EIR to EIP as one unified set of comments. EIP will confer with
City staff to review written comments on the Draft Program EIR, including
comments from public meetings and hearings, to develop a general
strategy for preparation of responses. The format of the Final Program
EIR will be as a stand -alone document including responses to comments
on the Draft Program EIR. It is suggested that the Draft Program EIR text
be marked with strikeout /underline formatting to show revisions in
response to comments until the Final Program EIR is adopted with the
certified language.
The Administrative Final Program EIR will be submitted to City staff for
review and comment. Responses that are within this proposal's scope of
work and budget consist of explanations, elaborations, or clarifications of
the data contained in the Draft Program EIR. If new analysis, issues,
alternatives, or substantial project changes need to be addressed, or if
the effort exceeds the budgeted amount because of the number or
complexity of responses, a contract amendment may be required. In lieu
of a contract amendment, time required for response to comments could
be charged on a time and materials basis per EIP's professional fee
schedule.
Product
• Response to Comments /Administrative Final Program EIR: one camera -
ready original and one electronic file
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9.5 Final Program EIR
The objective of this task is to prepare a Final Program EIR that
incorporates City comments on the Administrative Final Program EIR
(Response to Comments). EIP will obtain one unified set of comments
from the City's Project Coordinator on the Administrative Final Program
EIR (Response to Comments). EIP will revise the Administrative Final
Program EIR (Response to Comments) and produce a Final Program EIR.
The Final Program EIR will be submitted to the City for distribution fifteen
days prior to the Program EIR certification hearing. It is assumed that EIP
will prepare the Notice of Determination (NOD) and the City will file it
with the County Clerk and the State Office of Planning and Research. As
with all notices, it is assumed that the City will be responsible for all filing
fees.
Products
• Final Program ER: one camera -ready original and one electronic file
• Certified Final Program E/R: one camera -ready original and one
electronic file
• Notice of Determination: one camera -ready original and one electronic
file
9.6 Mitigation Monitoring Program
The objective of this task is to ensure compliance with Public Resources
Code Section 21081.6, as mandated by Assembly Bill 3180 (Cortese
1988), which requires a Lead Agency to adopt a mitigation monitoring
program (MMP) at the time an EIR is certified. EIP will prepare a draft
MMP concurrently with the preparation of the Administrative Final EIR. To
the extent possible, the General Plan will be self- mitigating. The MMP
will include measures required beyond policies proposed in the General
Plan.
The MMP will be in table format, and will specify mitigation measures,
standards of success, parties responsible for implementation and
monitoring, funding sources, timing, and provisions for remedial
measures (if the success standards are not achieved). The MMP will be
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designed to fit into the City's existing entitlement and project review
process. A Draft MMP will be provided to the City with the Administrative
Final Program EIR. After review and comment on the Draft MMP, EIP will
revise the MMP, according to the comments provided, and will submit the
Final MMP to the City with the Final Program EIR.
Products
• Draft Mitigation Monitoring Plan. one camera -ready original and one
electronic file
• Final Mitigation Monitoring Plan: one camera -ready original and one
electronic file
I O.OSUPPLEMENTAL PRODUCT: ECONOMIC STRATEGIC PLAN
a. Goals and Objectives
Based on the market studies and discussions with the GPAC and the
City's Economic Development Committee (EDC), prepare
recommendations for citywide and area - specific economic
development goals and business development targets.
b. Draft Strategic Plan
Upon approval by the advisory committees of a set of economic goals
and targets, prepare a draft strategic plan outlining recommended
implementation strategies to achieve the expressed goals. The
strategies should address areas of highest concern and capability of
the City and may include small business service enhancement, land
use planning and regulation, business expansion and retention,
economic development marketing activities, workforce development
and local and regional organizational coordination, among others.
c. Action Plan
Upon concurrence by the EDC on the draft strategic plan, prepare an
action plan for inclusion in the strategic plan to provide concrete
guidance to city staff and business leaders on activities designed to
implement the strategic plan. The action plan will recommend and
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provide benchmarks for indicators to measure success of the
strategies and a timeframe for implementation of the recommended
programs and activities.
d. Final Strategic Plan
Prepare final Economic Development Strategic Plan based on city staff
and committee comments.
1 1.OGENERAL PLAN ADOPTION AND EIR CERTIFICATION
11.1 Public Hearings
EIP will participate in Planning Commission and City Council study
sessions and public hearings on the Draft Updated General Plan and EIR.
For the purposes of the budget of this proposal, it is assumed that we will
participate in a maximum of six public hearings, three before the
Planning Commission and three before the City Council. Additional
hearings will be attended with compensation based on the hourly rates
cited by the budget of this proposal.
11.2 Findings for General Plan Adoption and EIR Certification
We will work with City staff and the City Attorney and assist in the
preparation of Findings for the General Plan adoption and EIR
certification.
113Final General Plan
On adoption by the City Council, the final version of the Updated General
Plan will be prepared incorporating any policy revisions and additional
language approved by the City Council.
Products
• Adopted General Plan: one camera -ready original and one electronic file
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B. PUBLIC INVOLVEMENT PROGRAM
12.0GENERAL PLAN ADVISORY COMMITTEE (GPAC)
The EIP consultant team will participate in a maximum of forty (40)
meetings of the General Plan Advisory Committee (GPAC). EIP will work
with City staff in preparing meeting agendas, presentations, and
materials (including Policy Discussion Papers). City staff will be
responsible for the distribution of agendas and materials and recording
of meeting minutes.
1 3.000MMUNITY WORKSHOPS
Two (2) community -wide workshops will be conducted during the
planning program. The first will provide the opportunity for the public to
review and comment on the land use alternatives and the second the
opportunity for input for updated GP policies. The workshops will be
conducted as "events" that maximize interest and participation. Specific
formats will be determined in consultation with City staff. Key steps in
preparing and conducting the workshops include:
13.1 Pre -Event Preparation
EIP will meet with City staff to identify and focus workshop event
objectives and design the event progress accordingly. We will identify
expected outcomes and the techniques that can be most effectively used
to stimulate interest and input. An agenda and comment sheet would be
prepared and we will coordinate event logistics with City staff. It is
assumed that the City will be responsible for the confirmation of
workshop locations and facilities.
13.2 Publicity Campaign Support/Consultation
EIP will advise the City in the development an outreach and publicity
strategy for the workshop. This may include input for the preparation of
press releases, newspaper advertisements, and public service
announcements. We will design and provide artwork for flyers for
City of Newport Beach General Plan Update
■ 45
COPE OF WORK, BUDGET, SCHEDULE
distribution to targeted neighborhood groups, civic organizations, and,
as appropriate, schools. It may be possible to request local groups to
incorporate such notifications in their newsletters.
13.3Workshop Event Staff and Facilitator/ Recorder Briefing
In the event that small group discussion sessions are conducted for the
workshop, we will solicit the participation of City staff and other
volunteers to serve as facilitators. A briefing will be conducted to train
the facilitators and graphic recorders to conduct the small group
discussion. Materials will be prepared for the briefing including agendas,
guidelines, and comment sheets.
13.4Event Management /Workshop Facilitation
EIP will set up, manage, and facilitate the conduct of the workshops. This
will include the preparation of materials to be used (presentation display
boards, land use mapping /gaming exercises, color - dotting, visual
preference surveys, and so on). Input will be recorded directly by the
participants (on comment forms, presentation displays, and other) or
recorded by the consultant on large wall graphics and base maps.
Participant comments and questions will be recorded visually (maps, plan
drawings, text, color dots, etc.) to help establish the group's memory of
the content of discussions and input.
13.5Workshop Summary/Review
Each workshop's input will be summarized. This may include summary
lists of issues and visions, as well as graphic reductions of wall graphics,
drawings maps, and other visual elements. The results will be placed on
the Web. It is recommended that the results also be distributed to local
newspapers and other media who would be encouraged to write articles
or produce programs summarizing workshop results.
14.OGENERAL PLAN UPDATE NEWSLETTERS
Newsletters will be prepared for publication at three key benchmarks in
the planning program. They will educate the public about the Newport
City of Newport Beach General Plan Update
046
-S*COPE OF WORK, BUDGET, SCHEDULE
Beach's GP update process, how they can participate, GPAC and
community workshop schedule, key issues, alternatives, and
recommendations. "Clip -out, mail -in" forms may be incorporated
enabling the public to submit comments and /or request additional
information. They will use highly graphic formats to provoke public
attention and understandability. The final. newsletter will be structured as
a "popular summary" incorporating the land use map and key policies in a
highly graphic and accessible format. EIP will be responsible for the
preparation of newsletter text and artwork and will submit a camera -
ready version for publication and distribution by the City.
Product
• Newsletters (4): one camera -ready original and one electronic file
15.0 GENERAL PLAN WEB SITE
EIP will prepare text and graphics for inclusion on the City's Web Site for
the GP update. This will include information about what a GP is, key
planning issues, the Guiding Planning Principles, alternative growth and
land use scenarios, and recommended policies, as well as forums for
public input. The Site will include a section for public comments and
requests for information.
Product
• Update information for the General Plan Web Site: assume six (6) updates
C. CITY COORDINATION
16.OGENERAL PLAN UPDATE COMMITTEE (GPUC)
The EIP consultant team will participate in a maximum of twelve (12)
meetings of the General Plan Update Committee (GPUC). EIP will work
with City staff in preparing meeting agendas, presentations, and
materials (including Policy Discussion Papers). City staff will be
responsible for the distribution of agendas and materials and recording
of meeting minutes.
City of Newport Beach General Plan Update
■ 47
SCOPE OF WORK, BUDAT, SCHEDULE
17.00ITY COUNCIL AND PLANNING COMMISSION STUDY SESSIONS
Study sessions will be conducted at key benchmarks of the planning
program to review consultant analyses and comment upon and confirm
policy options and recommendations. For the purposes of the budget, it
is assumed that the consultant will participate in seven (7) meetings with
each body. These would be scheduled to address:
• Review of background data and planning issues
• Review, comment, and confirmation of Guiding Principles
• Review and comment on the land use alternatives
• Review the evaluation of land use alternatives impacts and provide
input for the selection of a preferred plan
• Review, comment, and confirmation of the preferred land use and
mobility plans
• Review and comment on preliminary updated GP policies
• Review of the Public Draft Updated GP and DEIR
1 B.00THER CITY COMMISSIONS
For the purposes of the budget, it is assumed that the consultant will
participate in a maximum of four (4) meetings with other City
Commissions and Committees (e.g., Harbor, Parks, Beaches, and
Recreation, Environmental Quality Advisory Committee, and so on).
19.00ITY STAFF - CONSULTANT COORDINATION
The consultant will conduct weekly telephone calls with City staff to
review the progress of the GP update program. Additionally, meetings
will be conducted in City offices at key benchmarks of the program for
the purposes of reviewing key planning issues, "brainstorming" potential
policy approaches, and reviewing and providing comments on preliminary
Discussion Papers and other documents. For the purposes of the budget,
it is assumed that such meetings would be conducted on an average of
once per month, for a maximum of twenty -four (24) meetings.
City of Newport Beach Genera/ Plan Update
3M
•OPE OF WORK, BUDC ?T, SCHEDULE
D. GEOGRAPHIC INFORMATION SYSTEM (GIS)
EIP will be responsible for the documentation of baseline data, land use
alternatives, and the recommended land use, open space, mobility, and
other plans in GIS format. Available data layers will be obtained from the
City, manipulated and supplemented by EIP, and returned to the City in
formats compatible for ongoing use. EIP's
GIS Program performs all GIS analyses and mapping using ArcVew 3.2a
and associated Spatial Analyst, Image Analysis, and 3 -D extensions. This
is current being upgraded to Arc 8. For the Newport Beach GPU, EIP will
obtain available data (and associated metadata) from the city in an
ArcView- compatible format (shapefiles and /or grids) with a common
projection /coordinate system. EIP will compound upon the existing
municipal data to compile current parcel -level land use data, existing
environmental conditions data (e.g., bio, hydro, geo, etc.), and ultimately
revised General Plan data. All data sets compiled for the project will be
projected accurately to align with the City's data, with metadata recorded.
The following defines the anticipated GIS mapping for the GP update
program.
20.0 GIS INITIATION
20.1 Research Available Data Sources at City to identify data resources &
gaps.
20.2 Meetings w /City Staff (includes orientation).
20.3 Obtain and import existing GIS data and associated metadata from
City of Newport Beach via CD or FTP /Email - municipal boundaries;
parcels including current General Plan and Zoning; streets /roadway
network including ROW; water infrastructure -- service provider(s),
district locations (mapped), water sources, storage, treatment, and
conveyance facilities, planned improvements, and evaluation of
adequacy to support future development; wastewater
City of Newport Beach General Plan Update
s 49
?COPE OF WORK, BUDGET, SCHEDULE
infrastructure -- service provider(s), district locations (mapped),
collection and treatment facilities, recycling and re -use, planned
improvements, and evaluation of adequacy to support future
development; storm drainage infrastructure -- service provider(s),
district locations (mapped), facilities, planned improvements, and
areas subject to flooding; biological data sets (provided from LCP
Consultant), hydrology, coastal access & scenic view data;
existing/ proposed park boundaries.
20.4 All geo- seismic - hazard data provided by LCP Consultant including
faults, liquefaction, flooding, dam failure /inundation, fire hazard,
hazardous materials; community associations; current aerial data;
TAZ data; fire, police, mutual aid /response - Maximum of 50 data
sets (Data is assumed to be in a common projection /datum and in
an ArcView - Compatible format; ready to import, Compilation of
above data is to comprise base map for all maps generated).
20.5 Research data gaps (USGS 30m DEM & DRGs covering project area,
soils) from available external sources (USGS, NRCS, FMMP); Obtain
max of 10 additional data sets (Data is assumed to be in a common
projection /datum and in an ArcView - Compatible format, ready to
import).
21.OBASELINE DATA
Basemap
21.1 Develop base map using available City data in ArcView; and
associated layouts to be used on all maps referenced below.
Layouts to be comprised of 1 size E map (& associated 1 1 x17). EIP
will prepare 1 size E (36 "X48 ") map and associated 11 x1 7 map -1
round of edits. Produce 8 copies for potential map mark -ups for
data creation.
Natural Resources
City of Newport Beach General Plan Update
■ 50
POPE OF WORK, BUD6?T, SCHEDULE
21.2 Prepare biological resources/ habitat map: Obtain and import
available biodata from City onto base map data; and prepare 1 size
E map and associated 11 x17 map -1 round of edits.
21.3 Prepare resource management plan map: Import available data
regarding biological resources and protected habitats; and prepare
1 size E map and associated l l x17 map -1 round of edits.
21.4 Prepare surface & groundwater map: Obtain and import available
data from City onto base map data; and prepare 1 size E map and
associated 11 x17 map -1 round of edits.
21.5 Prepare topography, hillsides, ridgelines map: Obtain and import
available data from USGS (max of 6 files); run contour analysis on
30m DEM; map data on base map; digitize ridgelines based upon
mark -up of contour data - digitize max of 20 ridgelines; prepare
slope calc using DEM, and prepare 1 size E map and associated
1 1 x17 map -1 round of edits.
21.6 Prepare soils map: Obtain and import available data from City,
NRCS & FMMP onto base map data; Prepare 1 size E map and
associated 11x17 map -1 round of edits.
21.7 Prepare visual resources map: Obtain and import available data
from City onto base map data; Prepare 1 size E map and associated
1 1x1 7 map -1 round of edits.
21.8 Prepare cultural/historic resources map: Identify data based on APN
or address & join to parcel base (assume provided tabular data
joins to parcel data). Digitize a maximum of 20 additional polygons
or point locations onto base map data; and prepare 1 size E map
and associated 11 x17 map -1 round of edits.
Land Use and Urban Form
21.9 Obtain and import City aerial data into base map. Prepare 6 size E
maps for field surveys (to be conducted by EIP Planning Staff) of
selected commercial areas and review with City staff; create parcel-
City of Newport Beach General Plan Update
E 5
�OPE OF WORK, SUDAT, SCHEDULE
level land use data set based upon mark -ups provided; and
prepare 6 size -E maps - 1 round of edits.
21.10 Prepare final existing land use map. Prepare 1 size E map and
associated 1 1 x17 map -1 round of edits.
21.11 Prepare Zoning map: Obtain and import available data from City
onto base map; and prepare 1 size E map and associated 1 1 x17
map -1 round of edits.
21.12 Prepare General Plan map: Obtain and import available data from
City onto base map; and prepare 1 size E map and associated
1 1x17 map -1 round of edits.
21.13. Prepare approved/ potential projects map: Digitize a
maximum of 20 additional polygon or point locations onto base
map data; and prepare 1 size E map and associated 11 x17 map -1
round of edits.
21.14Prepare Specific Plans/ Redevelopment Plans map: Digitize a
maximum of 10 additional polygon or point locations onto Base
Map data; and prepare 1 size E map and associated 11 x17 map -1
round of edits.
21.15 Prepare 'areas susceptible to change' map: Digitize a maximum of
10 additional polygon or point locations onto base map data; and
prepare 1 size E map and associated 11x17 map -1 round of edits.
21.16 Prepare City's districts & neighborhoods map; Obtain and import
available data from City onto base map; and prepare 1 size E map
and associated 11 x17 map -1 round of edits.
21.17 Prepare housing map; Derive from existing land use layer, and
prepare 1 size E map and associated 11 x17 map -1 round of edits.
21.18 Prepare water Infrastructure map: Obtain and import available data
from City, including water service area boundaries; and prepare 1
size E map and associated 11 x17 map -1 round of edits.
City of Newport Beach Genera/ Plan Update
■ 52
COPE OF WORK, SUDAT, SCHEDULE
21.19. Prepare wastewater Infrastructure map: Obtain and import
available data from City, including wastewater service area
boundaries; and prepare 1 size E map and associated 11 x17 map -
1 round of edits.
21.20. Prepare storm drainage infrastructure map: Obtain and
import available data from City; and prepare 1 size E map and
associated 11 x17 map -1 round of edits.
21.21 Prepare park & recreation map: Obtain and import available data
from City onto base map data; and prepare 1 size E map and
associated 11 x17 map -1 round of edits.
21.22 Prepare lands dedicated /acquired for parks & planned
improvements map: Obtain and import available data from City
onto base map data; and prepare 1 size E map and associated
11 x17 map -1 round of edits.
21.23 Prepare existing park acquisition, dedication, improvements map:
Obtain and import available data from City onto base map data;
and prepare 1 size E map and associated 11 xl 7 map -1 round of
edits.
21.24 Prepare lands dedicated, conserved, or protected as open space
map: Obtain and import available data from City (Derive open
space from general plan land use map) onto base map data; and
prepare 1 size E map and associated 11 x17 map -1 round of edits.
21.25 Prepare existing noise map: define noise contours for 160 road
segments and airport location, buffer distance vs. dBA from data
provided by EIP Staff, and prepare 1 size E map and associated
11 x17 map -1 round of edits.
21.26 Prepare geo hazards maps: Obtain and import available data from
City (LCP Consultant); and Prepare 6 Size E Map and associated 6
11 x17 Maps -1 round of edits.
City of Newport Beach Genera/ Plan Update
0 53
?COPE OF WORK, BUDGET, SCHEDULE
21.27 Prepare marine hazards maps: Obtain and import available data
from City (LCP Consultant); and Prepare 6 Size E Map and
associated 6 11 x17 Maps -1 round of edits.
21.28 Prepare fire hazards and fire incidents map: Obtain and import
available data from City; and prepare 1 size E map and associated
11 x17 map -1 round of edits.
21.29 Provide 20 individual queries (acreage, distance) to support
Technical Background Report
22.0ALTERNATIVES
22.1 Prepare land use and mobility alternatives maps: use parcel -base
data to define land use designations and mobility improvements
provided by EIP staff and amend tabular database ( -10% of City
parcels to change); prepare 5 size E maps per alternative (total of 9
size Es) for QA /QC purposes & amendments to Land Use
designations -1 round of edits with final round for report
production. Prepare 5 final size E maps and associated 5 11 x1 7
Maps.
22.2 Provide 25 individual queries (acreage, distance) to support
preferred alternative
23.0UPDATED LAND USE AND MOBILITY PLAN
23.1 Prepare preferred land use and mobility plan Map: Use parcel -base
data to define land use designations provided by EIP staff and
amend tabular database (max of 20 parcel LU changes); prepare 1
size E map and associated 11 x17 map -1 round of edits.
23.2 Provide 10 individual queries (acreage, distance) to identify
preferred alternative.
24.OUPDATED GENERAL PLAN POLICIES
City of Newport Beach Genera/ Plan Update
■ 54
�OPE OF WORK, SUDGIT, SCHEDULE
24.1 Reprint 11 x17 copies of all 30 maps listed above, edits include
changes in map titles and project titles (minor text template edits).
Total of 75 11x17 reprints.
24.2 Prepare General Plan Update Map: Obtain and import available data
from City onto base map; and prepare 1 size E map and associated
1 1 x17 map -1 round of edits.
24.3 Prepare updated Circulation Plan map: Obtain and import data from
traffic sub onto base map; and prepare 1 size E map and associated
11 x17 map -1 round of edits.
24.4 Prepare updated Open Space map: Derive from updated GP data;
and prepare 1 size E map and associated 11 x17 map -1 round of
edits.
24.5 Prepare Environmental Habitat /Conservation Plan map: Derive from
data generated above; and prepare 1 size E map and associated
11 x17 map -1 round of edits.
24.6 Prepare future noise maps: Define noise contours for 160 road
segments and airport location, buffer distance vs. dBA from data
provided by EIP staff, and prepare 1 size E map and associated
11 x1 7 map -1 round of edits.
24.7 Export all GIS data and associated metadata to City via CD or
FTP /Email (assume creation of metadata for a maximum of 50 files,
and 10 disks for data), includes compilation of GIS files, and
communication. Assume ArcGIS or Arclnfo support /conversion
from City.
City of Newport Beach Genera/ Plan Update
■ 55
r- 0
City of Newport Beach General Plan Update
PROJECT BUDGET
A. LABOR COST
TASK
HOURS
COST
.0
C
Q-
E
D
i-- o
`o
o CL
0 rn
N
¢
_
H
2
A.
o
2
a
OF
Subcontractors
Total
Task
Urban
Crossroad
ADE
Sub - Totals
_
$160
$140
$115
$100
$85
$70
A. TECHNICAL WORK TASKS
1.0 PROJECT ORIENTATION
_
1.1 Organizational Meeting
3
3
3
1
1,270
.450
450
2,170
1.2 GP Document Format(s)
2
4
1
950
950
1.3 Field Reconnaissance
8
8
8
3,880
3,880
Sub -Total
$7,000
2.0 BASELINE DATA AND ANALYSES (GP & EIR Setting)
2.1 Compile & Analyze Baseline Data
_
2.1.1 Land Use
_
a. Existing land use
4
24
80
10,800
10,800
_
b. Zoning
16
1,360
1,360
c. Existing GP
4
24
2,600
2,600
d. Approved and potential projects
18
2
1,670
1,670
e. Specific Plans
16
2
1,500
1,500
T Areas "susceptible to change"
6
16
3
3,410
3,410
2.1.2 Urban Form Analysis
6
32
18
5,420
5,420
2.1.3 Population and demographics
2
16
1,880
1,880
2.1.4 Housing (summarize from available data)
2
16
1,640
1
1,640
2.1 .5 Historic Resources
2
16
32
4,640
4,640
2.1.6 Fiscal and Economic
2,000
2,000
2.1.7 Growth Management
2
8
1,080
1,080
2.1.8 Circulation
12
1,920
16,810
18,730
_
2.1.9 Infrastructure _
_
a. Water Service
2
16
1,640
1,640
b. Wastewater Service
16
1,360
1,360
Storm Drainage
16
11360
1,360
_c.
d. Solid Waste
12
1,020
1 1,020
_
e. Energy, Telecommunications
16
1,360
1
1,360
1.10 Domestic Water Review
32
3,680
3,880
12.
2.1.11 Parks and Recreation
10
4
1,340
1,340
_ ,1' EIP AssociateslJune 2, 2003
10
City of Newport Beach General Plan Update
PROJECT BUDGET
TASK
HOURS
COST
1
EIP
Subcontractors
Total
Task
Urban
ADE
Sub - Totals
` 2
o a
o
o
Crossroa
m
n
•E $
N
o
m
Z
W
u
s
C
V
rpC
p
IL
o
t9 in
¢
a
a
$160
$140
$115
$100
$85
$70
.1. 12 Harbor and Bay
10
1,000
1,000
2.1.13 Arts and Cultural
6
24
2,640
2,840
2.1.14 Plant and Animal Resources
16
24
4,640
4,640
EIP Associates/June 2, 2003
•
•
City of Newport Beach General Plan Update
PROJECT BUDGET
TASK
HOURS
COST
a
2 0
�o
Tuma-0315,01
a 012
0
2
EIP
o ntracAtoDrE
us
s
Total
Task
CrUoSrsbS abrocn a
Su b - Totals
$160
$140
$115
$100
$85
$70
2.1.15 Marine Resources
8
4
1,520
1,520
.1.16 Water Resources, Watersheds, & Water Quality
8
8
1,920
1,920
2 i.17 Topography and Hillsides
24
2,400
2,400
2.1.18 Visual Resources
2
12
8
2,200
2,200
2.1.19 Mineral Resources
6
600
600
2.1.20 Air Quality
24
2,760
_ _ _
2.1.21 Geology
_ _
12
_2,760
1,200
1,200
2.1.22 Seismic Hazards
16
1,600
1,600
2.1.23 Flood Hazards
12
1,200
1,200
2.1.24 Marine Hazards
12
1,200
1,200
2.1.25 Fire Hazards
8
680
680
2.1.26 Noise
40
32
7,320
7,320
2.2 Prep Technical Background Report
12
80
120
60
29,320
29,320
2.3 Trends and Forecasts
2.3.1 Population/Growth Forecasts
24
24
4,440
4,440
2.3.2 Trends (tech., demog., sustainability, etc.)
6
6
24
4,200
4,200
- -- -- Sub -Total
-
$139,330
3.0 PLANNING ISSUES
3.1 Preliminary
6
8
24
4
4,760
2,000
6,760
_
3.2 Final
2
2
12
2
1,940
1,940
Sub -Total
$8,700
4.0 GUIDING PRINCIPLES
1 Preliminary
8
12
40
3
7,170
7,170
_
2 Final_ _
2
10
2
11460
1,460
Sub -Total
$8,830
5.0 LAND USE ALTERNATIVES
5.1 Formulate Alternatives (15 sub -areas and citywide)
60
330
45
50,700
50,700
2 Evaluate Alternatives
r 2.1 Transportation
24
3,840
87,430
91,270
5.2.2 Fiscal and Economic
16
2,560
15,000
17$60
5.2.3 Environmental "Scan"
16
24
80
80
19,800
19,800
EIP Associates/June 2, 2003
t✓ \4
FJ
•
City of Newport Beach General Plan Update
PROJECT BUDGET
TASK
HOURS
COST
_
EIP
Subcontractors
Total
o
16 ,�
m
Task
Urban
ADE
Sul;Jotals
L o.
W
.o
`o
Crossroa
a
C
•� 4
V
0
Z
y
N
p
g
U
u) C
O
O
a
F
C7 m
<
a`
Q.
$160
$140
$115
$100
$85
$70
5.3 Alternatives Report
6
16
24
40
8,400
8,400
5.4 Review /Refine Alternatives
4
40
16
5,760
5,760
5.5 Select Preferred Growth and Land Use Plan
12
12
40
12
8,440
8,440
Sub -Total
$201,930
EIP Associates/June 2, 2003
•
J
City of Newport Beach General Plan Update
PROJECT BUDGET
TASK
HOURS
COST
0
o
`o
o a
.
¢
.o
2
a
o
p
a
EIP
Subcontractors
Total
Task
4FDE
T ls
$160
$14
$115
$100
$85
$70
0 POLICY FORMULATION
.1 Review Existing
Policies (included w /policy formulation)
.2 Formulate Preliminary
Policy
_
6.2.1 Land Use
45
150
24
29,880
5,000
34,880
6.2.2 Housing
12
1,200
1,200
_
6. 2.3 Growth Management
2
16
1,640
1,640
6.2.4 Circulation
12
1,920
9,440
11,360
6.2.5 Recreation and Open Space
4
20
2,260
2,260
6.2.6 Conservation of Natural Resources
4
48
24
10,120
10,120
6.2.7 Public Safety
12
32
3,920
3,920
_
6.2.8 Noise
_
48
24
7,560
7,560
6.2.9 Harbor & Bay
8
800
800
.2.10 Arts and Cultural
_
20
2,000
2,000
6.2.11 Historic Resources
20
2,000
2,000
6.3 Policy Discussion Papers
18
36
38
36
14,040
14,040
6.4 Policy Options (included with staff & public mtgs)
_Review
6.5 Select and Finalize Policies
16_
16
40
11,040
11,040
Sub -Total
$102,820
7.0 IMPLEMENTATION PROGRAMS
7.1 Preliminary Programs
40
6,520
6,520
_
7.2 SelectlFinalize Programs
_4
2
16
P40
2,840
2,840
- -- - Sub -Total
$9,360
8.0 DOCUMENTATION
8.1 Screencheck Draft
24
24
160
31,600
9,440
41,040
_ _
8.2 Public Draft
4
24
5,840
5,840
_
Sub -Total
$46,880
9.0 ENVIRONMENTAL IMPACT REPORT
9.1 Project Description, IS, and NOP
20
4
2,580
2,580
9.2 Screencheck Draft
80
180
110
120
40
55,900
22,200
78,100
9.3 Public Draft
24
16
16
20
8,200
8,200
9.4 Responses to Comments
20
20
40
24
10,780
4,000
14,780
EIP Assodates/June 2, 2003
E
City of Newport Beach General Plan Update
PROJECT BUDGET
TASK
HOURS
COST
EIP
Subcontractors
Total
y
m
Task
Urb an
an
ADE
Sub - Totals
o a
o
Crossroad
Vi N
s
O
O
IL
o
a
a
$160
$140
$115
$100
$85
$70
9.5 Final EIR
12
16
16
4,400
41400
9.6 Mitigation Monitoring Program
16
4
2,520
2,520
_
Sub -Total
$110,580
EIP Associates/June 2, 2003
LJ
City of Newport Beach General Plan Update
PROJECT BUDGET
TASK
HOURS
COST
C
C
$
'C
m
`.
w
o a
`0
(q C
co
•Up
N
¢
m
°
p
2 a`
°
-p3
O
a
EIP
Subcontractors
Total
Task
Urban
Crossroad
s
ADE
Sub - Totals
$160
$140
$115
$100
$85
$70
10.0 ECONOMIC STRATEGIC PLAN
10.1 Goals and Objectives
2,000
2,000
10.2 Draft Strategic Plan
7,000
7,000
10.3 Action Plan
_
4,000
4,000
10.4 Final Strategic Plan
2,000
2,000
Sub -Total
$15,000
11.0 GP ADOPTION & EIR CERTIFICATION
11.1 Public Hearings (total of 4)
12
12
3,300
3,840
7,140
11.2 Prepare Findings
2
18
4
2,670
2,670
_
11.3 Final GP
16
24
32
6,880
6,880
Sub -Total
$16,690
TOTAL TECHNICAL WORK TASKS
$666,920
B. PUBLIC INVOLVEMENT PROGRAM
12.0 GPAC MEETINGS
Per Meeting Cost:
a. Preparation
2
2
4
800
800
b. Facilitate
3
3
900
900
_ _
c. De -brief and summarize
1
160
160
Total Per Meeting
1,860
_
Total GPAC (40 meetings)
$74,400
_
13.0 COMMUNITY WORKSHOPS
Per Workshop Cost -
-
13.1 Pre -Event Preparation
3
40
24
40
9,320
9,320
13.2 Campaign Support
20
16
3,120
3,120
_Publicity
13.3 Facilitator Briefing
3
3
78_0
780
13.4 Workshop Facilitation
6
6
6
2,400
2,400
13.5 Summary/Review
2
2
520
520
Total Per Workshop
16,140
16,140
Total Workshops (2)
$32,280
_
74.0 NEWSLETTERS
Per newsletter
3
4
24
24
4,600
4,600
.. EIP Associates/June 2, 2003
r1
L_J
City of Newport Beach General Plan Update
PROJECT BUDGET
TASK
HOURS
COST
EIP
Subcontractors
Total
c
R
Task
Urban
ADE
Sub - Totals
o a
°
°
v2
Crossroad
AL
E
o
2
o
m
s
C
U
n
N
O
O
a
o
F9 CI)
�`
o.
a
$160
$140
$115
$100
$85
$70
Total Newsletters (assume 4)
$18,400
15.0 WEB PAGE MAINTENANCE
96
8,160
8,160
$8,160
TOTAL PUBLIC INVOLVEMENT
$133,240
EIP Associates/June 2, 2003
0
•
City of Newport Beach General Plan Update
PROJECT BUDGET
TASK
HOURS
COST
a
$160
C
M
o
o
Q
a
9 i
0 V
a
m
a
a
o
5
a
EIP
Subcontractors
Total
Task
Urban
Cross roa
s
ADE
Sub - Totals
$140
$115
$100
$85
$70
C. CITY COORDINATION
16.0 GPUC MEETINGS (12 meetings)
36
1,000
1,000
7,760
17.0 CITY COUNCIL & PLANNING COMMISSION (7 mtgs each)
35
_5,760
5,600
1,000
1,000
7,600
18.0 OTHER CITY COMMISSIONS (4 meetings)
12
1,920
1,920
19.0 CITY STAFF - CONSULTANT COORDINATION
19.1 Weekly Conference Calls (1 hr/wk/24 mt_hs)
104
16,640
16,640
19.2 Recurring Meetings (1 /month/24 mths)
72
11,520
1,840
3,500
16,860
TOTAL COORDINATION
$41,440
D. GEOGRAPHIC INFORMATION SYSTEM
20.0 GIS Initiation
24
42
_
6,960
21.0 Baseline Data
64
464
53,760
-- - -- -- - --
MY Alternatives
20
52
7,500
23.0 Updated Land Use and Mobility Plan
18
53
7,370
_
24.0 Updated General Plan Policies -
12
120
13,380
TOTAL GIS
$88,970
E. ADMINISTRATIVE AND MANAGEMENT COSTS
25.0 Administration/Project Management (2 hrs/wk/18 mos)
156
24,960
GIS Management
16
24
4,240
ADMINISTRATIVE AND MANAGEMENT TOTAL
$24,960
TOTAL LABOR COST
$955,530
B. DIRECT COSTSIEXPENSES
Travel
2,500
500
1,200
4,200
Reproductions
6,500
1,200
800
10,500
Delivery, Communications
2,500
650
3,150
Traffic Counts
2,500
2,500
Materials and Supplies
7,500
7,500
Sub -Total
$27,850
Administrative (1(r direct costs)`
2,785
Administrative (100/6 subcontractors)" - v
_ _
_2,785
20,241
20,241
Sub -Total
$23,028
EIP Associates/June 2, 2003
•
0
City of Newport Beach General Plan Update
PROJECT BUDGET
TASK
HOURS
COST
`o
_
EIP
Subcontractors
Total
Urban
ADE
Sub - Totals
5 w
R
Task
o a .o
Crossroad
'o
m
ID
o
S
!/7 QC)
W
6
O
v
O
$160
1 140
$115
$100
$85
$70
TOTAL DIRECT COSTS
$50,876
ITOTAL ESTIMATED BUDGET $1,006,406
`An administrative fee of 10% is added on all direct and subcontractor costs.
CONTINGENCY BUDGET
�.- EIP AssociateWune 2, 2003 10
$50,000
•
City of Newport Beach GENERAL PLAN UPDATE
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Sty of Newport Beach
BUDGET AMENDMENT
2002-03
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Expenditure Appropriations
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
from additional estimated revenues
X. from unappropriated fund balance
EXPLANATION:
NO. BA- 077
AMOUNT: $s9o,193.00
Increase in Budgetary Fund Balance
AND X Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
This budget amendment is requested to provide for the following:
To increase expenditure appropriations for the General Plan Update and Environmental Impact Report.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
010 3605
REVENUE ESTIMATES (3601)
Fund /Division Account
EXPENDITURE APPROPRIATIONS (3603)
Division Number
Account Number
Division Number
Account Number
Division
Number
Account
Number
Division
Number
Account
Number
Division Number
Account Number
Signed:
Signed:
Administrative
Description
General Fund Fund Balance
Description
Description
2710 Planning - Administration
8293 General Plan Update
2710 Planning - Administration
8080 Services - Professional & Technical
Administrative Services Director
City
Amount
Debit Credit
$690,193.00 "
• Automatic
$635,193.00
$55,000.00
G--10— e�u
Date
ate
Signed:
City Council Approval: City Clerk Date
• Wity of Newport Beach
BUDGET AMENDMENT
2002-03
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Expenditure Appropriations
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
from additional estimated revenues
PX from unappropriated fund balance
EXPLANATION:
NO. BA- 077
AMOUNT: $890,193.00
Increase in Budgetary Fund Balance
AND X Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
This budget amendment is requested to provide for the following:
To increase expenditure appropriations for the General Plan Update and Environmental Impact Report.
UN 1 0 2003
ACCOUNTING ENTRY:
Amount
BUDGETARY FUND BALANCE Debit Credit
Fund Account Description
010 3605 General Fund Fund Balance $690,193.00
REVENUE ESTIMATES (3601)
Fund /Division Account Description
EXPENDITURE APPROPRIATIONS (3603)
Description
Division
Number 2710 Planning - Administration
Account
Number 8293 General Plan Update
$635,193.00
Division
Number 2710 Planning - Administration
Account
Number 8080 Services - Professional & Technical
$55,000.00
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Automatic System Entry.
Signed:
Financia Approval: Administrative Services Director
Date
Signed:
Administrative Ap(fprov : City Manager
ate
Signed:
j/� OIMA °° _ finl4k
City Council Approval: City Clerk
Date