HomeMy WebLinkAbout15 - Approval of a PSA for Consulting Services for the Comprehensive General Plan Update (PA2022-080)Q �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
June 27, 2023
Agenda Item No. 15
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
PREPARED BY: Benjamin M. Zdeba, AICP, Principal Planner - 949-644-3253,
bzdeba@newportbeachca.gov
TITLE: Approval of a Professional Services Agreement with Dudek, Inc. for
Consulting Services for the Comprehensive General Plan Update
(PA2022-080)
ABSTRACT:
For the City Council's consideration is a professional services agreement with Dudek, Inc.
(Dudek) for consulting services on the comprehensive General Plan update. Dudek and
its subconsultants will support the City of Newport Beach (City) through the update
process by (1) fostering community engagement; (2) reviewing the current General Plan
against best practices; and (3) compiling community -driven feedback and best practices
to inform and create the comprehensive General Plan update. The estimated cost for the
update is $1,478,029.75.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Approve and authorize the Mayor and City Clerk to execute a Professional Services
Agreement with Dudek, Inc. for Consulting Services on the Comprehensive General
Plan Update in an amount not to exceed $1,478,029.75 in a form substantially similar
to the agreement attached to the staff report.
DISCUSSION:
In January 2019, the City Council directed the initiation of an update to the General Plan.
In consultation with the former General Plan Update Steering Committee and the City
Council, the City focused on an outreach program that was intended to provide feedback
on the community's values and desires, which would be used in a comprehensive update
of the General Plan.
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During the time the outreach program was being carried forward, the City received a
6t" Cycle Regional Housing Needs Assessment (RHNA) allocation of 4,845 new units —
a nearly one thousandfold increase from the City's 5t" Cycle RHNA allocation of five new
units. With direction from the City Council, City staff pivoted to focusing on just the
Housing Element, Land Use Element, and Circulation Element.
The City retained Kimley-Horn & Associates, Inc. (KHA) for consulting services related to
these elements and the programmatic Environmental Impact Report (EIR). The City
Council dissolved the former General Plan Update Steering Committee and formed the
Housing Element Update Advisory Committee to assist in selecting sites to include on the
Housing Opportunity Sites Inventory.
The City Council first adopted the 6t" Cycle Housing Element on February 8, 2022, and it
was submitted to the State Department of Housing and Community Development (HCD)
for review. After much consultation with HCD staff and several revisions, the City Council
adopted the final version of the Housing Element on September 13, 2022. On
October 5, 2022, the City received a letter from HCD certifying that the City's 6` Cycle
Housing Element meets all statutory requirements.
Soon after on October 25, 2022, the City Council adopted an update to the Circulation
Element to primarily bring the policies in line with current mandates such as the Complete
Streets Act and the use of Vehicle Miles Traveled (VMT) as a metric for project impacts.
Now that the City has a certified and adopted 6t" Cycle Housing Element and has updated
the Circulation Element, efforts are being refocused to the comprehensive update of the
General Plan. A new General Plan Update Steering Committee (Steering Committee)
was formed and began meeting July 2022 to help guide the process moving forward. The
General Plan Advisory Committee (Advisory Committee) was seated and met in January
2023, and will assist with identifying goals and policies needing a refresh to align with the
community's vision. In the meantime, KHA will continue to assist with requisite changes
to the Land Use Element and Noise Element to implement the Housing Element while
preparing the programmatic EIR.
The City and Steering Committee sought a second qualified consultant to assist in
preparing a comprehensive update to the City's General Plan, including but not limited to
the following sections or elements:
• Vision Statement
• Harbor and Bay Element
• Historical Resources Element
• Recreation Element
• Arts and Cultural Element
• Natural Resources Element
• Safety Element
• Implementation Program
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Procurement Process and Steerina Committee Review
An RFP was posted on the City's public procurement system (PlanetBids.com) on
December 15, 2022, and distributed directly to a short list of large, qualified planning
firms. The response deadline was set as January 6, 2023. No responses were received
by that deadline. With some investigation, staff was faced with the fact that many firms
were simply too busy or did not have the bandwidth to support the City. Others indicated
more time was necessary to prepare a quality response. As such, the City re -issued the
RFP on February 3, 2023, with a new deadline of March 10, 2023.
On February 15, 2023, City staff hosted a meeting for prospective proposers to ask
questions and request clarification on the RFP. Although there were four firms
represented at this meeting, the City ultimately received only one proposal from Dudek
with support from Kearns & West as an outreach and engagement subconsultant, and
Pro Forma Advisors as a fiscal analysis subconsultant.
At the Advisory Committee and Steering Committee meetings on March 22, 2023, City
staff identified Dudek as the sole proposer and provided the proposal to both committees
for review. After discussion, both committees expressed the need for Dudek to revise the
scope of work to bolster and enhance the community engagement and outreach
component.
City staff worked with Dudek to revise the scope of work and provided updates to both
committees at their meetings on May 3, 2023. The Advisory Committee supported moving
forward with Dudek and ultimately the Steering Committee unanimously voted to
recommend that the City Council approve the professional services agreement with
Dudek.
Under advisory from Dudek, Kearns & West would take the lead on preparation and
facilitation of outreach and engagement. The cost for Kearns & West is $421,795. Pro
Forma Advisors would assist in preparing any market assessment and fiscal impact
analyses using the City's current fiscal model. The cost for Pro Forma Advisors is
$82,500. Both these costs are part of the overall budget totaling $1,478,029.75.
Dudek Work Plan
The work plan submitted by Dudek is robust. It is generally divided into four main tasks,
which are listed and briefly described in Table 1 below. The full work plan is provided in
Attachment A to this report.
Table 1, Outline of Work Plan Tasks
#
Task Title
Description and Subtasks
1
Project
Project management to facilitate clear lines of communication, organize
Preparation,
background materials and data, and track milestones in a manner that
Community
stays on schedule and within budget. Develop and implement an outreach
Outreach,
program for meaningful engagement and strive to build consensus around
and Project
goals, policies and implementation.
Management
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#
Task Title
Description and Subtasks
• 1.1 Kickoff Meeting
• 1.2 Project Schedule and Administration
• 1.3 Steering Committee Meetings
• 1.4 City staff and Kimley-Horn & Associates Coordination meetings
• 1.5 Newport, Together Outreach and Engagement
0 1.5.1 Community Outreach and Engagement Plan
0 1.5.2 Project Branding
0 1.5.3 Social Media, Marketing, and Materials
0 1.5.4 Project Website and Digital Engagement Tools
0 1.5.5 Stakeholder Focus Groups
0 1.5.6 All Community General Plan Kickoff
0 1.5.7 Community Workshops
0 1.5.8 Community Pop-up Events
0 1.5.9 Draft General Plan Update Community Open House
0 1.5.10 "Go -to -Them Meetings"
• 1.6 Advisory Committee Meetings
• 1.7 Working Meetings, Study Sessions, and Adoption Hearings
2
Project
Build on community input from Task 1, collect relevant data to perform an
Research
analysis of existing conditions, policies and legislative needs for each
and Data
element of the General Plan. In addition to the review of existing elements,
Collection
evaluate best practices including sustainability and resiliency goals and
policies in the General Plan. Prepare a diagnostic memo to summarize
findings with identification of opportunities and constraints with
recommendations for next steps.
• 2.1 Vision Statement
• 2.2 Harbor and Bay Element
• 2.3 Historical Resources Element
0 2.3.1 Review Existing 2006 Historical Resources Element and
Conduct Background Research
0 2.3.2 Team, Agency, and Historical Society Coordination
0 2.3.3 Prepare Historical Resources Element Existing
Conditions and Recommendations Report
• 2.4 Recreation Element
• 2.5 Arts and Cultural Element
• 2.6 Natural Resources Element
• 2.7 Safety Element
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#
Task Title
Description and Subtasks
• 2.8 Land Use Element
• 2.9 Sustainability Element Analysis
• 2.10 Implementation Program
• 2.11 Glossary
• 2.12 General Plan Diagnostic Memo
3
General Plan
Build on community input from Task 1 and the data findings and
Amendment
recommendations from Task 2, work with the Steering Committee,
Advisory Committee, City staff, and all stakeholders to develop an
administrative draft of the update to the General Plan.
• 3.1 Preparation and Formatting of Amendment
• 3.2 Online Plan
• 3.3 Optional Sustainability Element
4
CEQA
Evaluate updates being proposed through the comprehensive update as
Clearance
they relate to the programmatic environmental impact report (EIR) being
prepared through Kimley-Horn & Associates, Inc. for updates to the Land
Use Element for Housing Element implementation. Prepare an addendum
to the EIR.
FISCAL IMPACT:
Given that the project is expected to continue through the end of 2025, the Capital
Improvement Program (CIP) budget for Fiscal Year 2023-2024 (FY23-24) includes
funding as part of the General Plan Update Project ($1,022,000). Additional funding will
be requested through next year's budget process. All expenditures will be expensed to
the General Fund Account No. 01201928-980000 (Project 20M11).
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A — Professional Services Agreement with Dudek, Inc.
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Attachment A
Professional Services Agreement with Dudek, Inc.
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PROFESSIONAL SERVICES AGREEMENT
WITH DUDEK FOR
CONSULTING SERVICES ON THE COMPREHENSIVE GENERAL PLAN UPDATE
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 27th day of June, 2023 ("Effective Date"), by and between the CITY
OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and
DUDEK, a California corporation ("Consultant"), whose address is 605 3rd Street,
Encinitas, California 92024, and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to Consulting Services on the Comprehensive
General Plan Update ("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2025, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A. In the absence of a specific schedule, the Services shall be performed to
completion in a diligent and timely manner. The failure by Consultant to strictly adhere to
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the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed One Million Four Hundred
Seventy Eight Thousand Twenty Nine Dollars and 751100 ($1,478,029.75), without
prior written authorization from City. No billing rate changes shall be made during the
term of this Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement or specifically approved in writing in advance by
City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
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Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Elizabeth Dickson, AICP
to be its Project Manager. Consultant shall not remove or reassign the Project Manager
or any personnel listed in Exhibit A or assign any new or replacement personnel to the
Project without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 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.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
G. ADMINISTRATION
This Agreement will be administered by the Community Development Department.
City's Principal Planner or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
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8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, 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.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services contemplated
by this Agreement (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, attorneys'
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 breach of the terms and conditions of this Agreement, any Work
performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Consultant's presence or activities conducted on
the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions
of Consultant, 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).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence orwillful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
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Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
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16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the Services to be
provided under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 All written documents shall be transmitted to City in formats compatible with
Microsoft Office and/or viewable with Adobe Acrobat.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
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19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
in the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
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24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
24.2 If subject to the Act and/or Government Code §§ 1090 et seg., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate 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.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of 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.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Principal Planner
Community Development Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Elizabeth Dickson, AICP
Dudek
2280 Historic Decatur Road, Suite 200
San Diego, CA 92106
26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Consultant's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
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identified by Consultant in writing as unsettled at the time of its final request for payment.
Consultant and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Consultant shall be required to file any claim Consultant may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
i► �921:4611►1►_11to] ►I
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
28.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
28.3 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.
28.4 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 shalt be held to vary the provisions herein.
Dudek Page 9
15-15
28.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
28.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and ail matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
28.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Dudek Page 10
15-16
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: eo /ts'J?,3
By- I An
a on C. Harp c.. rs IZ3 WC -
City Attorney
ATTEST:
Date:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Bv:
Noah Blom
Mayor
CONSULTANT: Dudek, a California
corporation
Date:
-31
Leilani I. Brown Joseph Monaco
City Clerk Chief Executive Officer
Date:
By -
Amy Paul
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Dudek Page11
15-17
EXHIBIT A
SCOPE OF SERVICES
Dudek Page A-1 15-18
INTERACTIVE VERSION (►))
Proposal No. 23-17
Consulting Services
.on the Comprehensive
General Plan Update
CITY OF NEwPoaM BEarch ACH
►J�
i
s
1 I
DUDEK
PLANNING & URBAN DESIGN
27372 CALLS ARROYO
e- SAN JUAN CAPISTRANO, CA 92675
12
r
00
l'
Cover Letter
March 10, 2023
Shaun Tormey
Buyer
City of Newport Beach
stormey@newportbeachca.gov
Subject: Proposal for Consulting Services on the
Award -Winning
Comprehensive General Plan Update (No. 23-17)
Transformative
Plans
Dear Mr. Tormey:
Dudek is pleased to submit our proposal to support the
City of Newport Beach (City) in preparing a comprehensive
update to the General Plan. Successful completion of the City's
Comprehensive General Plan Update requires a skilled local team
INIANi)EMPIRE
with experience creating implementable and digestible General
"We
find the
Plans that are legally defensible, internally consistent, and that
Health, Wellness,
the City's departments and the community will take on as their
& Environmental
own. Dudek's Southern California -based team of technical
Justice element
("EJ Element")
experts are well-equipped to meet the City's needs and will bring
to be an
the City and its stakeholders the following strengths:
innovative
model for
A Team that Understands Newport Beach and its Potential.
compliance with
Senate Bill 1000
Dudek's knowledge of the local planning context in the City and
(" 5B 1000") and
the surrounding region is apparent through our unparalleled
we applaud
Placentia's
experience. Dudek and our teaming partners have worked in and
efforts to
around the City and Orange County for more than three decades.
improve health
Having worked as a consultant to the City since 2002, Dudek is
and equity in
the city ...we
intimately familiar with the City's local and regional landscape,
hope other local
culture, challenges, and opportunities. Our work with the City
governments will
use it as a model
spans more than 35 distinct contracts, including providing
as they review
coastal, urban forestry, and wildfire consulting services. Our
and update their
exclusive partnership with Kearns & West further extends our
general plans."
understanding of the City and its stakeholders, providing us
—state of
California
with unique insight and opportunity to build on recent planning
Department
efforts, outreach, and branding conducted as a part of "Newport,
of Justice,
December 2019
Together,"
A Multi -faceted, Comprehensive Team of Experts. Our team
has a proven track record and is highly skilled in addressing the
complexities and sensitivities that surround planning in coastal
communities. Dudek's Project Manager, Elizabeth Dickson, will
work hand -in -hand with our multi -faceted team of experts.
Ms. Dickson will be supported by Principal Asha Bleier, with
ua! for City of Newport Beach Consulting Services on the Comprehensive General Plan Update
15-20
► Table of Contents
18 years' experience specializing in planning, environmental, and development industries. Ms.
Dickson and Ms. Bleier have worked successfully together on general plan efforts for over 10
public agencies in California. Ms. Dickson is adept at distilling complex scientific knowledge of
our technical specialists into actionable policy that meets all regulatory requirements of the
state and blends community -driven and cost-effective ideas into policy recommendations.
Ms. Dickson will work with our coastal planners who are former California Coastal Commission
(CCC) staff and have an in-depth knowledge of all aspects of California coastal laws, regulations,
procedures, and policy interpretation. Our team offers extensive experience in the latest trends
in coastal management, sea level rise, climate adaptation, local coastal program updates, and
environmental justice along California's coastline. Additionally, our in-house experts include
biologists, archaeologists, paleontologists, historians, hydrogeologists, urban foresters, wildfire
specialists, water engineers, and air quality experts to comprehensively address all the City's needs
under this contract. We pride ourselves on creating clear, concise, and easily accessible general
plans that meet complex state requirements. We also are pleased to partner with Kearns & West
for innovative and effective community engagement as well as with Pro Forma Advisors to provide
an economic feasibility lens.
Award -Winning General Plan Expert. As a California -based firm, our recent general planning
experience with local agencies includes the cities of Pismo Beach, Manhattan Beach, Lomita,
Highland, South El Monte, El Cajon, Barstow, Indio, Rialto, and Placentia, Our planners have
authored dozens of award -winning, transformative, and innovative plans. The California Attorney
General's office, overseeing the State of California Department of Justice, commended members
of our team for their work on the Health, Wellness, and Environmental Justice Element for the
Placentia General Plan Update, and use this document as a model for other cities (see htt s:
oag.ca.gov/environment/5b1000). The Dudek team combines our unique planning and technical
expertise to develop implementable general plans that are community -driven and do not sit on
a shelf. We understand how each General Plan element works together, and we have a proven
approach to implementing efficiencies and empowering community members throughout the
planning process.
We look forward to continuing our work with the City. Should any questions about our
qualifications or approach arise, please contact Elizabeth Dickson, AICP, at 760.479.4846
or edickson(&dudek.com.
Asha Bleier, AICP, LEED AP BD+C
Principal in Charge
/ f
J�seph Monaco, AICP
President and CEO
Joseph Monaco and Amy Paul are authorized to signor behalf of Dudek_
Elizabeth Dickson, AICP
Project Manager (Primary Representative)
1
Amy Paul
General Counsel
Proposal for City of Newport Beach Consulting Services on the Comprehensive General Plan Update .
15-21
Statement of Qualifications
The Dudek team consists of planners and
technical specialists equipped with a variety
of expertise and experience to enable project
success at all stages and milestones. Our
team's extensive collaborative experience with
General Plans and other long-range planning
efforts, combined with our knowledge and in-
depth understanding of the planning context
of coastal communities in Southern California,
make us the leading expert on General
Plan best practices in the state. With our
considerable experience, Dudek has led cities
across California in best practices for General
Plans through our regionwide guidance and
tools, General Plan updates, community plan
updates, waterfront plans, coastal plans, and
master plans. We are prepared and equipped to
provide the City of Newport Beach (City) with
a tailored and comprehensive approach to the
General Plan Update that ensures legislative
compliance, internal consistency, and a final
product that is easily implementable.
We will address the complex issues facing the
City today and will work with the City and its
stakeholders to capitalize on key opportunities
over the planning horizon. While more light
will be shed throughout the outreach process
with City staff and its stakeholders, we are
confident that our team of in-house staff and
subconsultants have the skills, experience,
and knowledge to address complex, present
day, and anticipated issues including sea -level
rise, protecting and preserving valuable City
assets, growing sustainably, and ensuring
and safeguarding access to City amenities.
Our planners will approach this project with
a commitment to prepare a plan that is in the
community's best interest, incorporating up-to-
date planning tools, trends, and best practices
gleaned from our project experience. The City's
tailored General Plan Update will be one that
the community will be proud to have created.
Dudek will work collaboratively with
our subconsultants as one seamless,
multidisciplinary team to serve the City,
its stakeholders, and the planning process.
Teaming with Kearns & West and Pro Forma
Advisors, our team of experts are prepared
to address the comprehensive needs of the
General Plan Update. Through our partnerships
with Kearns & West, we collaborate with
stakeholders in a community -driven planning
process. Kearns & West's custom engagement
strategies allow for meaningful feedback,
making the planning process accessible
for all involved. Further, through our work
with Pro Forma Advisors, we develop well-
informed plans that work through the lens of
economic analysis, developing implementable
policies and actions. Pro Forma Advisors'
understanding of economics in development
bridges the gap between planning
and implementation.
Table 1 provides a comprehensive list of our
qualifications, with select projects further
detailed in the References/Project History
section. There you will find complete details on
our experience, which makes us the preferred
team for the City's General Plan Update.
ICON KEY
Arts & Culture
outreach
Harbor and Bay
Recreation
Historic
Safety
QImplementation
O Visioning
40 Natural Resources
Proposal for City of Newport Beach Consulting Services on the Comprehensive General Plan Update
15-22
► Table of Contents
City of Newport Beach On -Call Contract
®�
City of Pismo Beach General Plan Update and LCP
Q �`"�G
City of Rancho Palos Verdes General Plan Update
City of Lomita General Plan Update
0 9 Q Q
City of San Diego Mira Mesa Community Plan Update
® *� '��' N
City of Indio General Plan Update, Zoning, and Implementation
�� Q
City of Rialto General Plan Update
City of El Cajon General Plan Update
(90 *a Q is
City of Eureka Waterfront Plan
0 �� (9 0 0 (9
San Mateo County Harbor District Master Plan
G Q Q (D 19
City of Dana Point Sea -Level Rise Vulnerability Assessment
and LCP Update
City of Los Angeles Venice Sea -Level Rise
Vulnerability Assessment and LCP Update
®� Q
Orange County Southern Subregion HCP
® Q
City of Carlsbad Agua Hedionda Hub Park Lagoon Plan
®� Q
Fanita Ranch Trail Feasibility Study
City of Highland General Plan Update
Q
City of South El Monte General Plan Update
9 Q is
City of Manhattan Beach General Plan Update
(9 0 Q
City of Palos Verdes General Plan Update
MG Q
City of Long Beach Globemaster Corridor Plan
®� 9 Q O
SeaWorld Master Plan
® 0 � *-+ Q
County of Lassen Safety Element Update
9 0 0
City of Arcadia Safety Element
9 Q Q
City of Indio Transformative Climate Communities
9 d
City of Mission Viejo Open Space Vision Plan
County of Los Angeles Metro Area Plan
® a 0 0 5 019
South Colton Livable Corridor Plan
(9(9
San Diego North Coast Corridor: Public Works Plan/
Transportation and Resource Enhancement Program,
LCPAs, Notices of Impending Development
®� Q
Project Management, On -Call Land Use Planning, (9 ® E �� ., ._ Q
and Port of San Diego Master Plan Update is
Proposal for City of Newport Beach Consulting Services on the Comprehensive Genera! Plan Update 3
15-23
► Table of Contents
Organizational Information
We are a California -based planning,
environmental, and engineering firm with a
43-year history working with public and private
clients on a range of projects that improve and
evolve our communities, infrastructure, and
natural environment. Our Planning and Urban
Design group, which will lead this contract,
is a boutique service at Dudek that brings
a personalized approach to each project
and challenge. Our planners and in-house
Urban Design studio will be supported by a
highly skilled set of technical specialists who
provide the breadth and depth of capabilities
characteristic of the larger Dudek firm. Our size
is a tremendous asset to clients as it allows us
to provide superior levels of responsiveness
and customer service.
As an employee -owned firm, we are
empowered to be nimble problem solvers,
innovative thinkers, and collaborators to
tackle some of the most pressing issues facing
our cities, regions and state. We are proud
of our low employee turnover; our staff's
long tenure means the project manager you
see at the bidding stage will be with you at
project completion.
Our team brings extensive collaborative
experience on general plans, as well as
region -wide planning efforts in Southern
California that have served as foundational
guidance and tools for updating general
plans. Our collaborative, comprehensive, and
innovative approach has placed Dudek as a
leader and influencer for establishing best
practices for general plans across the state,
resulting in plans that meet the unique and
individual needs of communities. Our approach
to updating general plans is community
consensus driven, easily implemented, and
are consistent with all applicable federal and
state legislation, such as Senate Bill 379, as it
relates to climate adaptation and resiliency,
Government Code 6530(g), as it relates to
flood and fire risks, and all other relevant
requirements. Our team's relevant experience
is summarized in Section 2, Statement of
Qualifications, and further expanded in
Section 5, References/Project History.
Our approach includes collaboration with our
robust in-house team of technical specialists
with the capabilities to address hazards, public
health issues facing the City, challenges and
opportunities unique to coastal communities,
and requirements of state and federal law.
Specifically, Dudek brings specialists in
air quality, biology, extreme heat, historic
Proposal for City of Newport Beach Consulting Services on the Comprehensive General Plan Update
15-24
Organizational I nformatio n
resources, archaeology, wildfire, water
resources/water quality. flooding, urban
forestry, urban design, and equity. Through
the addition of our subconsultants, Kearns &
West will provide community engagement
support and Pro Forma Advisors will
provide economic expertise.
planning team distills the
complex scientific knowledgE
of our technical specialists
into actionable policy
that clearly meets all
regulatory requirements
of the state and blends
community -driven,
climate -robust, and cost-
effective ideas into our
policy recommendations.
We pride ourselves on
creating clear and concise
documents that meet complex state
requirements as well as guidance that sets
the stage for planning across the state.
We help stakeholders find common ground
around sustainability outcomes that advance
city -based initiatives and benefit the
community's well-being.
Dudek will facilitate successful project delivery
`"— I —" cur strong partnerships with
�d, local subcontractors.
hancing the City as an
environmentally healthy,
economically strong, and
socially fair community
to live, work, play, and
invest in requires a well-
rounded, collaborative,
and innovative vision
and a robust road map
that addresses many
sustainability themes and
as of focus.
Figure 1. Dudek Team Lines of Communication
Our approach to working with cities is simple
yet effective and will ensure a sustainable
and equitable future for the City of LAND USE PLANNERS
Newport Beach (City) and its URBAN DESIGNERS
residents. We have a long- BIOLOGISTS
standing track record of
working alongside the
.� j �--,--••,
ARCHAEOLOGISTS
communities in Orange
,4' PALEONTOLOGISTS
County, including the City.
`
AIR QUALITY EXPERTS
Our Planning and Urban
Design team regularly
''.,-.�;"�'
;j `,•,-•'!
HYDROGEOLOGISTS
collaborates with city
--_; �
URBAN FORESTERS
staff, council offices, and
WILDFIRE SPECIALISTS
elected officials to develop
sustainability plans, climate 'WqMM WATER ENGINEERS
adaptation road maps, urban HISTORIC BUILT RESOURCES SPECIALISTS
forestry plans, and Transformative
Climate Communities projects, ensuring Figure 2. Dudek's In -House Experts
that we are creating clear and transparent
data -driven, context -appropriate solutions.
Proposal for City of Newport Beach Consulting services on the Comprehensive General Plan Update
15-25
Organizational Information
SUBCONSULTANT
PARTNERSHII
For this work, we have assembled a well-
rounded team of trusted collaborators and
experts in their respective fields. We are
equally aligned in our approach for developing
a Comprehensive General Plan Update that
will serve the City's residents in a manner
consistent with the City's goals and policies.
Dudek has well -established partnerships with
our subconsultants. We have partnered with
Kearns & West on 22 projects since 2014,
and with Pro Forma Advisors on 5 planning
projects in Orange and Los Angeles Counties,
including the Los Angeles Metro Area Plan.
KEARNS & WEST
Kearns & West, Inc., in business since 1984,
helps local governments connect with their
communities and stakeholders. Cities rely on
Kearns & West to establish more effective
communication channels, create proactive
processes for identifying and resolving
issues and concerns, and ensure that public
involvement has a place in shaping the
future. Their services include equitable and
inclusive engagement, public involvement
plans, community workshops, online and
virtual engagement, community organizational
partnerships, informational materials, and
social and traditional media. Of note is their
track record in engaging communities typically
underrepresented in public process due to
language, culture, ethnicity, mobility, and/or
economic constraints.
Their Orange County -based team has
specialized expertise conducting community
engagement for general plan updates and is
excited to build upon lessons learned from
their previous work with the City. Kearns &
West synchronizes multi -pronged community
engagement programs with incremental
steps for plan making - visioning, issues and
opportunities assessment, alternatives, draft
planning concepts, environmental review, and
the approval process. Their Orange County
team also brings insight into the unique
considerations for conducting community
engagement in coastal communities and in
Orange County, having experience in Newport
Beach, Laguna Beach, Irvine, Mission Viejo,
Malibu, Carlsbad, Coronado, San Diego, San
Clemente, Imperial Beach, Encinitas, Venice,
and Pacific Palisades,
PRO FORMA ADVISORS
Pro Forma Advisors LLC is a partnership
committed to providing objective, unbiased
economic analysis of real estate development
projects. The firm specializes in land use
economics consulting for developers, owners,
operators, investors, cultural institutions,
non -profits, and government. Pro Forma
Advisors avoids ancillary services that might
compromise objectivity, allowing them
to support partnering firms. They apply
extensive experience, creative thinking, new
business approaches, and data -driven analysis
to projects. Pro Forma Advisors is highly
experienced in working within multidisciplinary
project teams, alongside allied professional
service firms in the areas of design, planning,
architecture/engineering, and operations.
Services include market analysis, concept/
business model development, financial
feasibility, economic and fiscal impacts,
valuations, and economic development
strategies. They offer a unique blend of global
expertise and personalized service.
Pro Forma Advisors is seasoned in providing
economic analyses for general plans locally
and throughout the state. They are uniquely
qualified to assist the City with this effort,
Proposal for City of Newport Beach Consulting Services on the Comprehensive General Plan Update
15-26
Organizational Information
having teamed with Dudek on efforts such as
the City of Mission Viejo's Open Space Vision
Plan, as well as providing economic planning
for recent General Plan updates in the Cities
of Montebello and Diamond Bar. Additionally,
Pro Forma Advisors has worked within many
coastal communities providing financial
feasibility of the redevelopment of Ports
O' Call for the Port of Los Angeles as well as
preparing a market study for the revitalization
of the Redondo Beach Pier for the City of
Redondo Beach.
The Dudek team members specifically
chosen for this contract have the availability
and capacity to provide a high level of
responsiveness and the necessary services
to support the City in this important effort.
Our team will be led by Project Manager/
Primary Representative, Elizabeth Dickson,
who brings a unique level of expertise having
managed general plans and projects of similar
scale both at Dudek and during her time
working in local government. Building on this
experience, Ms. Dickson will work seamlessly
with the City as an extension of staff to provide
an implementation -focused approach that
will leave the City with a general plan that is
innovative, interactive, and easily digestible
by the public, staff, and decision makers.
Ms. Dickson will be supported by Principal,
Asha Bleier, who serves as Dudek's Director
of Planning and Urban Design. Laurie Grover
will serve as an alternate representative and
Deputy Project Manager, providing additional
support in the management of the project and
ensuring continuous lines of communication
and coordination.
Figure 2 outlines Dudek's proposed personnel
and lines of communication for this project.
Proposal for City of Newport Beach consulting Services on the Comprehensive General Plan Update
15-27
Organizational Information
0
4.OwP
c�trFost�v
Figure 3. Organization Chart
PROJECT MANAGER
(PRIMARY REPRESENTATIVE)
Elizabeth Dickson, AICP, LEED GA
DEPUTY PROJECT MANAGER
(ALTERNATE REPRESENTATIVE)
Laurie Grover, AICP
PLANNING
Danielle Berger, AICP
Angelica Rocha
Grant Sles
URBAN DESIGN
Gaurav Srivastava, AICP
Catherine Tang-Saez, AICP
COASTAL/HARBOR/BAY
Matt Valerio
Carolyn Groves
Sarah Richmond
LANDSCAPE
ARCHITECTURE
John Zanzi, RLA
Ed Armstrong,
RLA, QSD/QSP, CILIA
' Kearns & West
'Pro Forma Advisors
CLIMATE RESILIENCE
& SUSTAINABILITY
Rose Newberry, AICP, WEDG
Henry Eckold
COMMUNITY
ENGAGEMENT
Jenna Tourje'
Christian Mendez'
ECONOMICS
Lance Harris2
URBAN FORESTRY
& WILDFIRE
Ryan Allen
Michael Huff, RCA
PRINCIPAL
Asha Bleier, AICP,
LEED AP BD+C
HISTORIC RESOURCES
Katie Haley, MA
Fallin Steffen
WATER RESOURCES
& WATER QUALITY
Eric Schniewind
Greg Ripperger, PE
CEQA
Kristin Starbird
Daria Sarraf
GRAPHICS & GIS
Raoul Ranoa
Chris Starbird
Proposal for City of Newport Beach Consulting Services on the Comprehensive General Plan Update
15-28
Organizational Information
Elizabeth Dickson, AICP, LEED GA
PROJECT MANAGER (Primary Representative)
Elizabeth Dickson is a senior project manager specializing in long-range planning,
community planning, legislative analysis, housing policy development, and the
analysis and creation of tools that facilitate and incentivize development. Ms.
- Dickson's diverse range of experiences include General Plan updates and
amendments, community planning, and updates to zoning codes. She is
skilled at managing large, multi -disciplinary teams, working collaboratively
with local community groups, navigating California State legislation, and
developing implementation -focused policies and ordinances. As the project
manager, Ms. Dickson will manage the overall project, attend project
status meetings with City staff, perform quality assurance/quality control
for project deliverables, and oversee in-house staff.
AVAILABLE AND COMMITTED: 100% TIME
AND RESOURCES DEVOTED TO PROJECT
Ms. Dickson is ready to start immediately upon
notice to proceed and has sufficient time to devote
to the project. She recognizes schedule is of utmost
importance and is available to commit substantial
effort (up to 100%) to ensure project success.
PROJECT MANAGEMENT
Ms. Dickson is a well-rounded project manager
who facilitates an efficient and collaborative
process. Given her experience as a planner for a
local government, Ms. Dickson is skilled at tailoring
her project management style to seamlessly
fold into existing local government structures,
processes, and procedures. Having managed
several similar comprehensive and complex
efforts, Ms. Dickson will successfully anticipate
and navigate any project challenges through
early and frequent collaboration. Ms. Dickson's
strategy of open lines of communication as well
as her nimbleness in the project management and
planning process make her both approachable and
solution -oriented.
PUBLIC AND PRIVATE EXPERIENCE
Bringing her experience working in both
the public and private sectors, Ms. Dickson
provides a wealth of knowledge and expertise
in working with local governments. She
possesses an understanding of the processes
and operations that influence plan development
and implementation at the local level and will
use these skills to provide the City with seam{ess
service to support staff and bolster the planning
process.
LEGISLATIVE LENS
Ms. Dickson has a deep understanding of the
legislative framework impacting General Plans. In
her former role in the public sector, Ms. Dickson
analyzed recently introduced state bills as they
moved through the Assembly and Senate. Through
her analysis, she considered legislative impacts
to local planning and provided recommendations
to the City of San Diego's Mayor's office to advise
local government lobbyists and eventually shape
future policy. In her role with Dudek, she continues
to utilize her interest and understanding of
legislation to advise clients on General Plan.
Proposal for City of Newport Beach Consulting Services on the Comprehensive General Plan Update
15-29
Organizational Information
Asha Bleler, AICP, LEED AP BD+C
PRINCIPAL IN CHARGE
Asha Bleier is a principal planner with 18 years' experience managing complex
planning and development projects throughout California. Ms. Bleier leads
Dudek's Planning and Urban Design practice; she has been with Dudek for
13 years of her career and will be 100% committed to this contract during
its entirety. Her multidisciplinary expertise includes a full range of planning
efforts, such as regional plans, general plans, community plans, corricior/transit-
oriented development, resilience planning, and design guidelines. Ms. Bleier's
background in design, development, and sustainability allows her to make
sound policy recommendations relative to the interaction between users and
their built environments. She is skilled at managing large, multidisciplinary teams; developing creative
strategies for complex projects; and facilitating meaningful stakeholder and public dialogue.
Ms. Bleier currently serves as the professional development AICP exam coordinator for the California
state chapter of the American Planning Association and is an active member of the diversity, equity,
and inclusion subcommittee.
"The project management skills she possesses are invaluable and continueto be instrumental in the City's
successful work on a number of complex environmental and land use planning projects. Thank you!"
—Alyssa Muto, City of San Diego Deputy Director of Environment & Mobility Planning
Laurie Grover, AICP
DEPUTY PROJECT MANAGER (Alternate Representative)
Laurie Grover is a senior planner with 11 years' experience specializing
in community and regional planning, land use development, and state
and federal transportation and climate change policy. Prior to joining
Dudek in 2022, Ms. Grover spent 10 years at the San Diego Association of
Governments (SANDAG) and focused on long range regional planning,
technical analyses, policy development, government relations, stakeholder
engagement, and grant writing and administration. While at SANDAG, she
helped manage the agency's regional transportation plan, which required
extensive cross -departmental collaboration across the entire agency and has helped facilitate
hundreds of stakeholder conversations over the years.
Throughout her career, Ms. Grover has served as a panelist at multiple conferences for the
American Planning Association and the National Association of Regional Councils. Topics have
included long-range and binational planning, emerging transportation technologies, and regional
transportation demand management strategies.
"[In terms of management and communication skills] Laurie really hit it out of the park. She's a great project
manager-- one of her big strengths is being collaborative. It's easy for things to fall into top -down roles, but
she was always very collaborative and [had a] team -oriented attitude. [Laurie is a] very curious and dynamic
person —a truly'roll up the sleeves' person."
—Phil Tram, City of San Diego Program Manager
Proposal for City of Newport Beach Consulting Services on the Comprehensive General Plan Update
15-30
Organizational Information
Dudek, serving as prime consultant, will
be involved in every project task of the
Comprehensive General Plan Update by
providing data collection and analysis; fostering
community engagement; creating community -
driven principles; recommending appropriate
policies and strategies focused on resiliency,
sustainability, and key stakeholder priorities;
and providing seamless project management
services that result in strong collaboration,
effective communication, and high -quality
products.
Project Management
Dudek leadership takes pride in our responsive
culture and flat management structure, which
offers operational flexibility that proves useful
when serving high -volume contracts. Our
project manager, Elizabeth Dickson, will nimbly
assign staff and quickly acquire the necessary
company resources to get the project
completed effectively and on time.
The Dudek quality assurance/quality control
plan is straightforward and is guided by
preferences learned through our previous
experience working with the City and
successfully delivering similar projects:
Effective T
management is the
crucial ingredient
of Dudek's .I►
success, and more
importantly that of the clients
and communities we serve.
• Kickoff Meeting. Ms. Dickson will attend
a kickoff meeting with the City project
manager and other invitees. She will prepare
an agenda and clear expectations for the
kickoff meeting, including topics such
as data needs, lines of communication,
methods for file sharing, style guide, and
project schedule.
• Master Deliverables Management/List. Ms.
Dickson will prepare a master deliverables
list with key document development
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» Responsive, consistent
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Master deliverables list
>> Schedule tracking
» Budget tracking
» Quality assurance process
» Secure project portals
>> Custom websites
Virtual meetings
» Mobile data collection
12 Proposal for City of Newport Beach Consulting Services on the Comprehensive General Plan Update
15-31
Organizational Information
milestones, review periods, and meeting
dates with the City to maintain continuity
and collaboration. Our team will maintain
consistency of key project terms, references,
format, and style. We will use online or
in -person meeting tools for collaborative
document revisions and efficient resolution
of comments. Ms. Dickson will conduct a
quality assurance/quality control review of
each deliverable and will ensure adequacy
in terms of the project details, methodology,
findings, and recommendations.
• Schedule Tracker. Ms, Dickson will use a
schedule -tracking tool to communicate
important milestones, ensuring the project
stays on track.
Budget Tracker. Ms. Dickson will use Deltek
Vision accounting software for budgetary
tracking and reporting. The outputs from
Vision provide a wide range of monitoring
and regular reporting options, including all
task/sub-task budget line items, percent
complete, not to exceed balances, and
monthly summaries for each task order.
• Monthly Progress Report. Ms. Dickson will
email a monthly progress report and invoice
to the City project manager, including a
list of expected activities over the next
monthly cycle.
SUBCONTRACTOR
RESPONSIBILITIE'
Our team has worked closely with our
subcontractors on previous projects and
will continue to build on this foundation of
trust and collaboration to maximize project
efficiency and deliver high -quality results.
Dudek's in-house public outreach experts
will coordinate with Kearns & West to create
synergy between stakeholder engagement and
plan development. Further, building on past
experiences working with Pro Forma Advisors,
our technical experts recognize the importance
of having an economic expert to contribute
to the overall process. We will glean from past
experiences to effectively coordinate with Pro
Forma Advisors to provide economic analysis.
Ms. Dickson's experience working with our
subcontractors will ensure a seamless and
collaborative process.
KEARNS & WEST
For community engagement on the City's
General Plan Update, the Kearns & West team
in Orange County has specialized expertise
conducting community engagement on
citywide planning projects. Their staff often
share their own relationships with the places
they work, understand the community, and can
cater to Newport Beach's unique needs. Kearns
& West synchronizes multipronged community
engagement programs with the incremental
steps for plan making/visioning, issues and
opportunities assessment, alternatives, draft
planning concepts, and the approval process.
Their Orange County team brings insight into
the unique considerations for conducting
community engagement in Newport Beach.
PRO FORMA ADVISORS
Pro Forma Advisors LLC, with an office in
the City of Hermosa Beach, is a boutique
consultancy focused on market and financial
feasibility assessment. Their analysis for this
project will comprise a relatively small --yet
critical —part of the development process,
ensuring that the City's General Plan Update
is conceived and scaled appropriately for the
market and financial conditions, as they work
within our multi -disciplinary project team.
Proposal for City of Newport Beach Consulting Services on the Comprehensive General Plan Update i -_
15-32
Dudek - Scope of Work
Revised As Of 5.10.2023
Task 1: Project Preparation, Community Outreach, and Project Management
Diligent project management and meaningful community engagement are the hallmarks of an effective planning
process. Dudek's project manager will serve as the primary point of contact and will oversee the day -today project
management tasks to ensure that the project stays on schedule and within budget. Project management provided
under this task will facilitate clear lines of communication, organization of background materials and data, and
diligent milestone tracking. Our team understands that the City and its stakeholders have institutional and local
perspectives and knowledge that are invaluable to the planning process. For this reason, communication and
coordination through project management and community outreach are essential to project success. Through the
community outreach provided under this task, the Dudek team will work closely with all City stakeholders (staff,
General Plan Advisory Committee [GPAC], and Steering Committee) to develop and implement an outreach program
that facilitates meaningful engagement and builds consensus around goals, policies, and implementation.
Task 1.1 Kickoff Meeting
Dudek will schedule and facilitate a project kickoff meeting and Newport Beach tour within two weeks of the
Notice to Proceed. This kickoff meeting provides the project team with a forum to share project ideas, goals, and
aspirations and to establish working relationships that will last through the life of the project. This meeting will be
structured with City staff and key project partners and will have multiple purposes that include the following:
■ Confirm project expectations and goals
■ Establish roles, responsibilities, and chain of communication protocols
■ Discuss the scope of work, deliverables, schedule, and project milestones
■ Identify and obtain needed available client -supplied data, GIS shapefiles, maps, documents, and other
related information
■ Discuss the engagement strategy and potential stakeholders
Following the kickoff meeting, key members of our team will tour the planning area with City staff. Dudek will send
a meeting agenda in advance of the kickoff meeting; following the kickoff meeting, Dudek will prepare a concise
meeting summary.
Task 1.1 Deliverables;
■ Meeting agenda
■ Attendance by key team members
■ Concise meeting summary in electronic format
Task 1.2 Project Schedule and Administration
Dudek's project manager will facilitate clear lines of communication, organization of background materials and
data, and diligent milestone tracking. As part of this task, Dudek will prepare a critical path schedule and will work
City of Newport Beach General flan Update
15-33
DUDEK
with City staff to finalize a project schedule withing 10 working days after the kickoff meeting that includes tasks
and milestones. The schedule will accomplish the following:
■ Identify project milestones (tasks) with time for staff review of work products throughout the project
■ Include public outreach timeline with public meetings and anticipated planning commission and city
council hearings
■ Include timing associated with SIB 18 and AB 52 compliance
■ Include the anticipated environmental review timeline
This task also assumes Dudek's project manager will provide monthly invoicing and updates to the project
schedule, as necessary to allow flexibility while maintaining consistency throughout the process and ensuring that
key milestones are met. Our Dudek project management process involves critical path and milestone tracking
throughout the life of the project.
Task 1.2 Deliverables:
■ Initial Project schedule and updated schedules, as necessary, in electronic format
■ Monthly invoices and project summaries
Task 1.3 Steering Committee Meetings
Our team understands that the general plan update process will be guided by the Steering Committee, which
reports to the City Council and has been designated with the task of steering the GPAC. Dudek is prepared to work
in close collaboration with the Steering Committee and will attend meetings to provide updates on key project
components, next steps, and solicit feedback throughout the update process. We understand that the Steering
Committee is tasked to provide bi-monthly progress reports to the City Council; therefore, we are prepared to
provide updates to the Steering Committee through bi-monthly (once every other month) meetings to set the
framework for and in advance of their bi-monthly progress reports. Our team assumes up to 12 one -hour
meetings throughout the 22-month project period.
Task 1.3 Deliverables:
■ Any relevant materials for attachment to the Steering Committee agenda in electronic format
■ Attendance and presentations at up to 12 meetings
Task 1.4 City Staff and Kimley-Horn Associates Coordination Meetings
The Dudek project manager will schedule and facilitate bi-weekly (once every other week) conference calls with
City staff to review work conducted, plan for upcoming tasks and milestones, and keep the project on time and
within budget.
Through these meetings, Dudek will coordinate with Kimley-Horn Associates (KHA) as needed and at critical paths
throughout the project to ensure consistency with other parallel planning processes. Dudek will provide meeting
agendas in advance of each meeting and meeting minutes following each meeting. We recognize that while virtual
meetings may be more convenient, given the frequency, there may be key milestones and topic area discussions
that warrant in -person meetings. For this reason, our team assumes 38 virtual meetings and 10 in -person
meetings of one -hour each throughout the 22-month project period.
_ _.... ................. -
City of Newport Beach General Plan Update
. ..... ..._........ .
2
15-34
Our planners are adept at distilling complex
scientific knowledge into actionable policy
that clearly meets all regulatory requirements
of the state and blends community -driven,
climate -robust, and cost-effective ideas into our
policy recommendations.
DUDEK
Task 1.4 Deliverables:
■ Attendance, agendas, and meeting minutes for 38 virtual meetings and 10 in -person meetings of
one -hour each
Task 1.5 Newport, Together Outreach and tilgagelaie!it
Our team will work closely with the City, Steering Committee, and GPAC to establish ideal outreach approaches to
reach broad segments of the community to facilitate meaningful feedback and input for the development of a
community -driven General Plan.
Task 1.5.1 Community Outreach and Engagement Plan
Outreach and engagement will begin with a Community Outreach and Engagement Plan, co -developed with City
staff and guided by the Steering Committee and the GPAC. Following the project kickoff meeting, our team will
prepare a Community Outreach and Engagement Plan in coordination with the City's Communication Manager
and Planning Manager and guided by the Steering Committee and the GPAC, guiding the community and
stakeholder engagement process modeled after International Association of Public Participation (IAP2) values and
principles. The Community Outreach and Engagement Plan will provide a framework for stakeholder and
community outreach and engagement throughout the General Plan Update and its various milestones. The Plan
will include components necessary for the Dudek team and City staff to create pathways for active public
engagement in the General Plan Update process. It will incorporate goals for participation from all community
segments, stakeholder analysis, a communications plan, programs & activities, roles and responsibilities, and a
calendar. The Community Outreach and Engagement Plan will also outline methods for how residents will be
engaged in the process through workshops, pop-up events, focus groups, and digital engagement. The Community
Outreach and Engagement Plan will provide recommendations on how to best structure the process and how to
engage the public on the current General Plan elements.
Community Outreach and Engagement Plans are developed to consider all phases of a project and usually include
the following:
■ A short project overview that serves as the starting point for initial messaging and talking points
■ Objectives for public involvement and communications, including building and maintaining relationships
between the City and stakeholders, providing education to the public, identifying benefits, and soliciting
input from the public
■ Notifications and announcement methods
■ Descriptions of planned activities - in -person, virtual, and online - including purpose, input/discussion
topics, timeline, and a brief explanation for each activity
■ A description of the purpose of involvement activities
■ A process chart that synchronizes the outreach activities with the project's technical phases, including
timeline information
■ Start dates, activity durations, product submittal dates, and a Gantt chart to show relationships
between activities
■ The approach for documentation of outreach and noticing activities, including periodic summaries that
synthesize input themes
■ Flexibility to assess and revise the engagement plan based on lessons learned and new opportunities
City of Newport Beach General Plan Update
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DUDEK
Task 1.5.2 Project Branding
We recognize that as a part of Newport, Together the City has already developed branding for the General Plan
Update. Building on existing branding, Dudek will work with the City to create new complementary logos and icons
where needed. Dudek will ensure that all project -related communication and public -facing content, including pop-
up material and social media posts, use the approved branding guidelines. Dudek will provide up to three (3)
versions of a project logo, icons, or tagline, for approval by the City.
Task. 1.5.3 Social Media, Marketing, and Materials
Our team will develop a Social Media Strategy and Marketing Plan that will include strategies for digital
engagement and educational activities. Our team will work with City staff and the Public Information Officer's
office to identify informational materials produced in earlier engagement phases. Our team will then produce
updated and refreshed materials to support outreach. We will work with City staff and the GPAC to share
educational and engagement materials and project updates via the City's website, the Newport, Together website,
existing communication and stakeholder networks, and social media outlets. Materials will also include traditional
outreach methods, including hard -copy mailers for each major outreach activity, press releases, ads in local
newspapers, and flyers in key community locations.
Additional materials will be developed using branding consistent with City branding standards.
Materials developed may include the following:
■ Hardcopy mailers
■ Press releases
E Newspaper ads for Stu News Newport, Daily Pilot, and Newport Independent
• Outreach event flyers
■ Project brochures
■ Educational factsheets
■ Social media graphics and social media blurbs (e.g., Facebook and Instagram)
■ Talking points for City Council announcements
• PowerPoint slide deck template
Task 1.5.4 Project Website and Digital Engagement Tools
In coordination with City staff, our team will create a digital engagement platform strategy to support outreach and
engagement activities. We propose updating the Newport, Together website to share information and gather input
from the community. The City previously used Bang the Table (now known as Grancius Engagement HQ) as the
platform for Newport, Together. Our team will work with the City to identify the best website platform, while still
keeping the branding theme consistent with previous versions of the website. Our team will monitor and manage
the website and program updates daily throughout the life of the project, being responsive to changes in the
project and timelines. Website content can include an activity calendar, workshop summaries, post -meeting
activities, questions and answer tools, and other community -building tools.
Along with the interactive website, our team can use tools like Survey Monkey to provide additional opportunities
for engagement to meet community needs. Our outreach team has found SurveyMonkey to be a cost-efficient yet
engaging tool for gathering meaningful feedback. Surveys can be based on the programs and activities defined in
City of Newport Beach General Plan Update
15-37
DUDEK
the Community Outreach and Engagement Plan. We propose the Newport, Together website serve as a platform to
host online surveys to expand outreach and participation opportunities. Surveys will be prepared to meet project
needs and expand community participation. Survey format options include multiple-choice questions, mapping
activities, and ranking questions. In addition, the website provides a secondary opportunity to extend participation
to those in the community who are unable to attend community workshops and other activities.
Task 15.5 Stakeholder Focus Groups
Our team will facilitate six (6) focus group sessions. These focus group sessions will allow the team to gather
important information from key stakeholders early in the project. Focus group sessions will support the review of
the current general plan elements, obsolete information, and existing conditions analysis, as described in Task 2.
The team will ask stakeholders if there are any gaps in the data and will gather additional information on existing
conditions related to the various elements. Additional discussion items can include the following:
■ Opportunities/observations regarding planning efforts completed to date, including recently completed
General Plan elements and other planning efforts
■ Identification of community needs and preferences
■ Priorities for General Plan Update, including specific community priorities to consider
■ Recommendations for public participation and stakeholder engagement efforts, and suggested
opportunities to partner with and engage hard -to -reach communities
■ Ideas for more effective community engagement and suggested outreach activities
• Identification of other key stakeholders
■ We will work with City staff to identify focus group participants from sectors that could include the following:
- Businesses/Newport Beach Chamber of Commerce
- Property owners
- Nonprofit organizations, including community -based groups
- Community Association and Neighborhoods Groups
_ Public School Districts and private schools
Local agencies and Utilities
Task 1.5.6 All Community General Plan Kickoff
Our team will facilitate up to two (2) All Community General Plan Kickoff meetings, one hosted in person and the
other virtually. The meetings will share information about the General Plan and the update process, engage and
educate participants on legal requirements, and report on key findings of existing conditions. The meeting format
will focus on creating opportunities for community members and stakeholders to engage with project staff. The
meetings may be hosted on different days and times to allow for broad participation.
Task 1.5.7 Community Workshops
Our team will facilitate up to six (6) Community Element Workshops. The workshops listed below will focus on
gathering focused community knowledge and feedback to inform the draft elements' development. The workshop
series will be scheduled in a two-phase process, with phase one functioning as introductory workshops for each
general plan element. In phase two, the team would confirm feedback gathered from each of the phase one
workshops. Phase two workshops would focus on identifying potential element changes. The workshops may be
hosted on different days and times to allow for broad participation. A recording will be made available "on -
City of Newport Beach General Plan Update 5
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DUDEK
demand" to the community and hosted on the Newport, Together webs1e. The workshop topics can be
reorganized as needed by project needs.
Phase 1
■ Workshop 1: Visioning
• Workshop 2: Arts and Cultural Element; Historical Resources Element
■ Workshop 3: Recreation Element; Harbor and Bay Element; Natural Resources Element
■ Workshop 4: Safety Element; Sustainability; Implementation Program
Phase 2
• Workshop 5: General Plan Update Element Update Part 1
• Workshop 6: General Plan Update Element Update Part 2
Task 1.5.8 CaMmunity Pop-up Events
The team will facilitate up to 10 pop-up events and prepare materials for City staff to facilitate additional events.
Pop-up events will be hosted in locations and at events where members of the Newport Beach community are
already gathered. The purpose of the pop-up event is to share information and progress on the General Plan
Update and provide opportunities for input on overall goals and considerations for the update process. Pop-up
events will include interactive activities that create multiple opportunities for participation, including a visioning
board, storytelling booths, and mapping activities. The pop-up events may be hosted on different days, times, and
locations to allow for broad participation.
As Newport Beach is a large area geographically with distinct neighborhoods, we recommend pop-up locations in
different locations throughout Newport Beach.
• Potential locations can include the following:
■ Newport Beach Public Library
• Newport Beach Farmers' Market
■ Marina Park Community Center
■ Community Resource Expo
• OASIS Senior Citizen Center
■ Lido Penninsula
• Back Bay View Park
• Local grocery stores and markets
Task 1.5.9 Draft General Plan Update Community Open House
Our team will facilitate up to two (2) Draft General Plan Update Community Open Houses. One being hosted in -
person and the other virtually. The open houses will be opportunities for community members to review and provide
final feedback on the Public Review Draft General Plan amendments. In addition, the project team will overview the
draft elements and create a process for gathering feedback and answering questions before the general plan is
adopted. The workshops may be hosted on different days and times to allow for broad participation.
City of Newport Beach General Plan Update 6
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DUDEIC
Task 1.5 Deliverables:
■ Up to two (2) drafts and one (1) final Comprehensive Community Outreach and Engagement Plan
■ Up to one (1) draft and one (1) final Social Media Strategy and Marketing Plan
■ Project logo, branding, and style guide
■ Maintenance of the Newport, Together website, including actively monitoring, managing, and
updating the website and interactive components on a daily and weekly basis
■ Preparation and design of web -based surveys and other tools, including managing data
■ Development of project materials, including mailers, flyers, press releases, and other
promotional material
■ Attendance and facilitation at up to six (6) Stakeholder Focus Groups in Task 1.5.5. Attendance
and facilitation by up to two (2) facilitators, a project coordinator, the project manager, and up to
two (2) technical experts at each meeting
■ Attendance and facilitation at two (2) All Community General Plan Kickoff meetings in Task 1.5.6.
One (1) virtual and one (1) in -person. Attendance and facilitation by up to two (2) facilitators, a
project coordinator, the project manager, and up to two (2) technical experts at each meeting
■ Attendance and facilitation at five (5) Community Workshops in Task 1.5.7. Attendance and
facilitation by up to two (2) facilitators, a project coordinator, the project manager, and up to two
(2) technical experts at each meeting
■ Attendance and facilitation at up to 10 community pop-up events in Task 1.5.$. Attendance and
facilitation by up to two (2) facilitators at each event
■ Attendance and facilitation at two (2) Draft General Plan Update Community Open House in Task
1.5.9. One (1) virtual and one (1) in -person. Attendance and facilitation by up to three (3)
facilitators and a project coordinator at each meeting
■ Attendance and presentation at up to 20 "Go To" Meetings, including presentation materials.
Does not include meeting facilitation
■ Draft a logistics plan for each outreach task, including a run -of -show for each activity. Assumes
one (1) draft and one (1) final for each activity in Task 1.5
■ Outreach materials to support activities in Task 1.5 to include up to six (6) outreach event flyers,
six (6) social media blurbs and graphics, and one (1) PowerPoint slide deck template
■ A summary memorandum that documents attendance, format and presentation, input, and major
discussion themes for outreach activities in Task 1.5. Assumes one (1) draft and one (1) final for
each summary
Task 1.5.10 "Go -to -Thera Meetings"
Our team proposes up to twenty (20) meetings at events, meetings, and activities already scheduled and
facilitated by community partners and city staff. These could include presenting at HOA meetings, city council
briefings, neighborhood watch meetings, and other, non -specified meetings. Our team will prepare presentation
materials and talking points as needed for each meeting.
Task 1.6 Advisory Committee Meetings
Our team recognizes that the GPAC has been established to review and guide the policy development for the
various elements of the general plan. We view this task with the upmost importance, as these meetings are
critical for extracting meaningful feedback to guide the development of the General Plan. Our team is prepared to
work closely with the GPAC and any subcommittees of the GPAC to ensure a seamless, timely, and community -
driven process to the General Plan update. Our team assumes 34 total one -hour in -person meetings. This
City of Newport Beach General Plan Update 7
15-40
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accounts for at least one (1) meeting per month with 12 additional meetings, as needed. This task also includes
meeting preparation and materials, as well as meeting minutes with key takeaways and direction for next steps.
Task 1.6 Deliverables:
■ Attendance by two (2) key project staff at up to 32 one -hour in -person meetings and attendance
by additional team members as key topics are discussed
■ Any relevant materials for attachment to the GPAC agenda in electronic format and detailed
minutes of the meeting for review and GPAC adoption
Task 1.7 Working Meetings, Study Sessions, and Adoption Hearings
Our team understands that our assistance and attendance will likely be needed for working meetings and study
sessions during the update process and adoption hearings once the draft General Plan Update is complete. Our
team has assumed up to seven (7) in -person and three (3) virtual sessions:
■ Two (2) joint City Council and Planning Commission study sessions (or one study session for each body)
■ Three (3) additional study sessions with advisory bodies, such as the Arts Commission; the Parks,
Beaches, and Recreation Commission; and the Harbor Commission
■ Two (2) adoption hearings
■ Three (3) virtual working meetings with identified historical stakeholders.
Our team will provide presentation materials and can provide presentations to these bodies, where needed
Task 1.7 Deliverables:
■ Attendance by the project manager and two (2) key staff at up to seven (7) in -person meetings of
up to two (2) hours each and three (3) virtual meetings up to one (1) hour each
■ Meeting materials, such as PowerPoints and presentations for up to ten (10) meetings
Task 2: Project Research and Data Collection
The Dudek team is equipped and prepared to perform all services requested in the Scope of Services and as
detailed in our project approach and methodology. Building upon the engagement and the kickoff meeting
conducted under Task 1 and through Task 2, our team will collect all relevant data and information to perform a
thorough analysis of existing conditions, policies, and legislative needs for each respective component of the
General Plan. Dudek will use City -supplied data to establish basemaps for our research and analysis. The findings
of our initial research and analysis will be summarized in a condensed and comprehensive General Plan
Diagnostic Memo (Task 2.12), including the identification of opportunities and constraints and recommendations
for next steps.
Task 2.1 Vision Statement
A well -crafted vision statement is the foundation for the development of goals and policies that will allow the City
to reach its desired potential. Acting as our guiding light, the Vision Statement will be referenced throughout the
update process, offering guidance to reach consensus around goals, policies, and actions. As such, the Vision
Statement will be established early in the update process. Working closely with City staff, the Steering Committee,
the GPAC, and stakeholders, our team will evaluate the current Vision Statement to determine its continued
relevance and alignment with the vision for the City's future. Building from the current Vision Statement and
working closely with stakeholders, our team will help craft a Vision Statement that is representative of how the
City and its stakeholders envision the potential that the City holds. To initiate this process, the Dudek team will
City of Newport Beach General Plan Update S
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DUDEK
engage the GPAC and community early to foster discourse around the greater vision for what the General Plan will
achieve, as identified in Task 1.6. Following and guided by this discussion, our team will host a Public Workshop to
engage the community in a strategic visioning effort as described under Task 1.5.7. The workshop will aim to
identify and understand community issues and concerns, which will help inform a realistic vision for the City's
future. The revised Vision Statement will serve as a guide in the development of the General Plan goals, policies,
and actions that align with the community's vision. As the planning process unfolds, we are flexible to refining the
Vision Statement to best serve the community.
Task 2.2 Harbor and Bay Element
Dudek understands that Newport Bay and Newport Harbor are important aspects of the City's and community's
identity. The Bay and Harbor are important to the local economy with many businesses located on or near the
water that serve both residents and visitors. In addition to its economic benefits, the Harbor and Bay are
important recreational and environmental resources that must be thoughtfully managed to retain the character
and quality of life in the City.
To support this task, Dudek's in-house team of coastal planners and regulatory experts will review the existing
Harbor and Bay Element, relevant information and data, and the existing regulatory framework. This analysis will
be captured in a Harbor and Bay Element Existing Conditions Report and General Plan Review. This existing
conditions analysis will include recreational amenities (e.g., sailing, paddle boarding, kayaking, etc.), natural
resources (e.g., eel grass meadow, marine mammal habitats), and commercial and residential uses and will
identify stressors and competing uses from an economic and land use perspective. To maintain consistency with
local and state law, Dudek will create a regulatory crosswalk outlining key legislation and regulatory requirements
that should be considered during the draft element development, described in Task 3.
Building on this review, our team will identify obsolete information and where data should be updated. Dudek
planners will also highlight where the existing General Plan Harbor and Bay Element conflicts with more recent
planning efforts as well as internal inconsistencies. Dudek will summarize these findings with the regulatory
setting for inclusion in the General Plan Diagnostic Memo (Task 2.12).
As outlined in Task 1.7, Dudek will work with the Harbor Commission to explore opportunities to encourage the
retention of marine -related commercial uses and ensure that the harbor remains hospitable and easy to navigate,
while also accommodating for sustainable growth. Our planners are adept at distilling complex scientific
knowledge into actionable policy that clearly meets all regulatory requirements of the state and blends
community -driven, climate -robust, and cost-effective ideas into our policy recommendations.
The Dudek team is familiar with the City's Local Coastal Program and will evaluate the Harbor and Bay goals
and policies in compliance with the California Coastal Act and aligned with the Coastal Land Use Plan (CLOP),
particularly as they relate to vessel launching, berthing, and storage, as well as marine resources, coastal
access and recreation, and the 13 environmental study areas within the CLUP. Our team recognizes that policy
changes in one document may lead to inconsistencies with the Local Coastal Program and the CLUP. Where
inconsistencies arise, our team will identify opportunities for consideration in future updates to the CLUP and
Local Coastal Program. Our team will work with the City and its stakeholders to explore climate change and sea -
level rise resiliency considerations for inclusion into the Harbor and Bay Element, in line with the CCC most
recent guidance.
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Task 2.3 Historical Resources Element
Under this task, Dudek's professionally qualified architectural historians and archaeologist will review the existing
Historical Resources Element and consider ways the element could be revised to enhance understanding and
awareness of the City's unique history and significant buildings and structures. Dudek understands that the goal
of considering revisions is to increase appreciation of the history of the City; increase coordination with local
historical societies; and maintain consistency with state and federal cultural resources regulatory requirements
and laws, key terminology, and recommendations on how the Historical Resources Element informs other General
Plan elements. Dudek will prepare a Historical Resources Element Existing Conditions Report that will include a
legislative crosswalk and key recommendations as part of the General Plan review. Recommendations developed
as a part of the General Plan review will be included in the General Plan Diagnostic Memo, as described in Task
2.12 and will serve as a foundation for fostering discourse on the Historical Resources Element amendments, as
described in Task 3. Dudek assumes the following will be necessary to complete the proposed work:
Task 2.3.1 Review existing 2006 historical resources element and conduct background research
Under this task, Dudek will review the existing 2006 historical resources element. As part of this review, Dudek
architectural historian staff will review all data on known historical resources in the City and conduct a review of
the Built Environment Resources Directory, lists of California State Historical Landmarks, California Points of
Historical Interest, and properties listed on the National Register of Historic Places. Dudek assumes this research
will be limited to a desktop review, will be available online, and that the City will provide all available data on
known or previously identified, evaluated, or documented historic era buildings and structures (built prior to
1978). This data will be used to create a map of known historical resources in the report prepared under Task
2.3.3. Dudek will also conduct background research to prepare a brief and updated historic context statement for
the general plan. Dudek assumes that no California Historical Resources Information Systems records search is
needed and archaeological sites will not be mapped.
Additionally, Dudek will review the existing Regulatory Setting and identify where the Element needs to be updated
to meet recent guidance and laws. Dudek will create a regulatory crosswalk that includes the key legal
requirements of AB 52, California Register of Historical Resources (California Public Resources Code Section
5020 et seq.), Native American Historic Cultural Sites (California Public Resources Code Section 5097 et seq.),
California Native American Graves Protection and Repatriation Act, California Health and Safety Code Section
7050.5, and the California Environmental QualityAct (CEQA). The crosswalk will be presented as a table to quickly
communicate any regulatory requirements not yet addressed or only partially addressed in a City document. The
table crosswalk will be included in the report prepared under Task 2.3.3.
Task 2.3.2 Team, Agency, and Historical Society Coordination
As identified in Task 1.7, a senior -level Dudek archaeologist and historian will work with the project management
team and the City to set up to three (3) one -hour virtual meetings with key historical stakeholders to go over
findings from Task 2.3.1 and discuss ways in which the City would like to enhance the Historical Resources
Element. Under this task, Dudek will work with the City to identify organizations and individuals that they may
want to coordinate with, such as Native American Groups, local historical societies, and museums. The objective
of these meetings will be to come to an understanding of how this element of the general plan is currently used,
how the City would like it to be used, and discuss how this element should inform and/or be considered within
other elements, including but not limited to the Arts and Cultural Element. The group will discuss the existing
historic context statement and ways the City would like it to be enhanced and utilized. Dudek will provide detailed
agenda and notes for these meetings. All information obtained from these meetings will be considered and
discussed in the technical report prepared under Task 2.3.3, specifically, the recommendations section.
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Task 2.3 3 Prepare Historical Resources Eiement Existing Conditions and Recommendations Report
Based on work conducted under Tasks 2.3.1 through 2.3.3, Dudek will prepare the Historical Resources Element
Existing Conditions and Recommendations Report. This report will provide a summary of the existing 2006
Historical Resources Element, outline the purpose of the Historical Resources Element, provide the regulatory
setting crosswalk, tables and associated mapping of existing and known built environment historical resources
located within the general plan area, and an updated brief historic context statement (not to exceed five pages).
The last chapter of the report will provide suggestions on how to enhance the element and will be included in the
General Plan Diagnostic Memo described under Task 2.12. Information obtained under Tasks 2.3.1 and 2.3.2 will
be analyzed and discussed in the section, and Dudek staff will make recommendations to enhancement of the
element in regard to creation of an enhanced or nuanced historic context statement, coordination with local
stakeholders, and how the general plan can be used by the public and City staff.
Additional Assumptions:
■ Dudek assumes paleontology will not be addressed under the historical resources element.
Should the City want to include this topic under this element, Dudek can revisit this portion of the
scope and cost.
■ Dudek assumes that archaeology work will be limited to preparation of a brief historic overview,
review of regulations, meetings, and preparation of recommendations under Task 2.3.3.
■ No California Historical Resources Information Systems records search is needed
■ No Native American correspondence or outreach is needed.
■ No field survey or resource evaluation is required.
■ The City will provide all relevant parcel data and property characteristics for parcels located within
the general plan area.
Task 2.4 Recreation Element
Access to recreational opportunities and open space, such as parks and beaches, play an important role in the
public, mental, social, and environmental health of the City. As required by state law, the recreational element
serves to ensure that the balance between the provision of sufficient parks and recreation facilities is appropriate
for the residential and business population of the City. Dudek recognizes that the City is abound with water -based
recreational opportunities, including boating, kayaking, paddle -boarding, and sailing, in addition to numerous
walking and biking paths, open space, parks, and recreational facilities. Specific recreational issues and policies
contained in the recreational element include parks and recreation facilities, recreation programs, shared
facilities, coastal recreation and support facilities, marine recreation, and public access.
Detailed in a Recreation Element Existing Conditions Report and General Plan Review, using the established 11
service areas from the 2006 General Plan, Dudek will develop an updated inventory of existing recreation
facilities using GIS-data from the City's Recreation Facilities Dashboard to perform a quality assessment that will
evaluate the adequacy of parkland and recreational opportunities using the City's standard of 5 acres per 1,000
residents as well as the amenities and qualities of the park. Our evaluation of existing conditions will also take
into consideration increased density resulting from implementation of the 6th Cycle Housing Element using a
quality assessment gleaned from best practices from the National Parks and Recreation Association, Project for
Public Spaces, and Trust For Public Lands. In addition, Dudek will evaluate how goals and policies increase
programming and activation that align with the regional documents, including the 2018 Orange County Parks
Strategic Plan and City's Local Coastal Program Coastal Land Use Plan through a policy crosswalk, as applicable.
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Recommendations for the updated Recreation Element will be presented in a General Plan Diagnostic Memo
(Task 2.12) and will be used to inform the updated Recreation Element.
As outlined in Task 1.7, Dudek will collaborate with the community, City's Parks, Beaches, and Recreation
Commission, and GPAC to refresh goals and policies that reflect the growing need for improved and expanded
recreational access in the City. As part of the work performed under Task 2.2.3, Dudek will identify opportunities
for future parkland, park programs, walking and biking paths, and beaches and marine recreation with a
breakdown of that acreage requirement into neighborhood, community, and regional parks, which many agencies
will specify. To round out the analysis, Pro Forma Advisors will provide Dudek support from a market perspective.
Task 2.5 Arts and Cultural Element
The artistic and aesthetic aspects of the City instill an unparalleled sense of pride and enrichment for the
community, creating a sense of place. Enhancing and improving the availability and accessibility of the arts and
cultural activities to all residents is essential for a community that values and celebrates its unique quality of life.
To support the development of an updated and enhanced Arts and Cultural Element, our team will review the
current element as well as available data and information related to arts and culture in the City. Dudek will
prepare an Arts and Cultural Element Existing Conditions Report and General Plan review. This will outline the
purpose of the Arts and Cultural Element, necessary revisions, key terminology, and how the Arts and Cultural
Element informs other General Plan elements. Our team recognizes the interconnectedness of the Historical
Resources Element and the Arts and Cultural Element and therefore will work closely with City staff, the City Arts
Commission, and project stakeholders to identify ways in which this element can inform and/or be considered
within other elements. Coordination with the City and stakeholders is described under Task 1.
While the Arts and Cultural Element is not a mandatory state requirement, Dudek will provide a policy review of
the current Arts and Cultural Element to identify how this Element interacts with other elements of the General
Plan and identify obsolete information and where information needs to be updated. Through the Existing
Conditions Report and General Plan Review, Dudek will summarize key findings with the regulatory setting for
inclusion in the General Plan Diagnostic Memo (Task 2.12).
The Arts and Cultural Element will serve as a platform for guiding the City in meeting its future cultural needs. As
such, goals and policies will be revised and developed to ultimately create implementable actions. Early
coordination with the City's Cultural Arts Division staff and the Arts Commission is imperative to create a cohesive
vision for the future. Dudek, with the support of Pro Forma Advisors, will partner with City Staff and the Arts
Commission throughout the General Plan Update process to discuss and refresh the Element's associated goals
and policies.
Task 2.6 Natural Resources Element
Dudek recognizes the City's commitment to sustainable development through the efficient use and conservation
of natural resources. The City describes its natural resources to include water supply (as a resource) and water
quality (including inland surface water, bay and ocean quality, and potable drinking water), air quality, terrestrial
and marine biological resources, open space, archaeological and paleontological resources, mineral resources,
visual resources (viewpoints and view corridors), and energy (oil and gas).
The Dudek in-house team of stormwater quality, hydrology/hydraulic engineering, habitat restoration,
conservation, marine biology, landscape architects, and air quality experts will review existing resources and the
benefits they provide to the City and its stakeholders. Through this review, our team will develop a Natural
Resources Element Existing Conditions Report and General Plan Review. The Natural Resources Existing
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Conditions Report and General Plan Review will include an analysis of available data and information, a legislative
crosswalk to identify areas of inconsistency with state law as it relates to the Land Use Element, allocation of open
space, and conservation of protected areas, and recommendations.
Our team will also identify stressors/ pressures and possible changes that may occur during the planning period,
such as increased residential development and climate change effects (e.g., increased storm severity and wildfire
risk), to develop a set of recommendations to inform forwarding thinking policies and sustainability strategies that
will meet all regulatory requirements, and to ensure that natural resources are sustained for the long-term.
Recommendations will include those that have broad applicability as well as recommendations that are targeted
to the unique resources and issues of specific regions of the City. Findings of the Existing Conditions Report and
General Plan Review will be summarized for inclusion in the General Plan Diagnostic Memo.
Dudek will ensure that recommendations for natural resources policies will assist the City in meeting or exceeding
requirements pertinent to applicable Total Daily Maximum Loads, National Pollution Discharge Elimination System
permits, South Coast Air Quality Management District, Sensitive Marine Species, Sensitive Terrestrial Species,
Environmental Study Areas (the City has 22), Marine Mammal Act, Natural Communities Conservation Plan/
Habitat Conservation Plan Implementation Agreement, Local Coastal Program, and Circulation and Improvement
and Open Space Agreement. Recommendations for the Natural Resources Element are expected to overlap with
recommendations for other elements, including the Recreation Element and the Harbor and Bay Element for
enhanced sustainability practices.
Task 2.7 Safety Element
Dudek will prepare a Safety Element Existing Conditions Report and General Plan review. This will outline the
purpose of the Safety Element, necessary revisions to ensure consistency with state and federal laws, key
terminology, and how the Safety Element informs other General Plan elements.
To prepare the Regulatory Setting, Dudek will review both the Safety Element and the Local Hazard Mitigation Plan
(LHMP) to identify where the plans need to be updated to meet recent guidance and laws. Dudek will create a
regulatory crosswalk that includes the key legal requirements of SB 379, SB 1000, and AB 2140, as well as the
recommendations included in the Adaptation Planning Guide (APG 2.0), 2017 Office of Planning and Research
General Plan Guidelines, and 2023 State of California Multi- Hazard Mitigation Plan. The crosswalk will be
presented as a table to quickly communicate any regulatory requirements not yet addressed or only partially
addressed in a City document.
Through this review, our team will identify obsolete information and where data needs to be updated, such as
possible updates to hazard boundaries. Dudek planners will also highlight where the existing General Plan Safety
Element conflicts with more recent planning efforts as well as internal inconsistencies. Dudek will summarize
these findings with the regulatory setting for inclusion in the General Plan Diagnostic Memo (Task 2.12).
Dudek recognizes that Safety Elements are unique and implemented by a wide range of stakeholders. Dudek will
approach this analysis of the Safety Element by providing science backed and graphic -rich analysis clearly
communicating the risks the City faces from a range of natural and human caused hazards. For those hazards
that are influenced by climate change, Dudek staff will outline the expected forecast alongside triggers that will
allow flexible implementation that can respond to real -world events. Dudek will partner with City emergency
service providers and review the LHMP to understand how well the City is currently prepared for these hazards
and where opportunities exist to enhance City policy. Dudek will map each hazard and overlay critical facilities,
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"This is One of the most readable
Safety Elements we've reviewed."
—Resource Protection Committee Member, CALFlRE
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housing opportunity sites, and important resources developed in other elements to connect the goals and policies
in the remainder of the General Plan to their potential hazard exposure and ensure their long-term viability.
Dudek will include a vulnerability assessment in the Existing Conditions Report that explains what each hazard is,
identify who is most vulnerable, map where the project occurs, explain when the hazard occurs and if climate
change will affect it, and how the City and their partners address current concerns. Dudek will then rank these
hazards based on risk, vulnerability, and capability.
Task 2.8 Land Use Element
Dudek recognizes that amendments to the Land Use Element that are underway are specific to those changes
needed to implement the recently updated Housing Element. Through the General Plan update process and the
associated outreach and engagement, it is possible that additional amendments to the Land Use Element may be
identified. To support the development of an updated Land Use Element, our team will review the Land Use
Element, planned amendments, as well as available data and information related to land use in the City.
Dudek will prepare a Land Use Element Existing Conditions Report and General Plan review. This analysis will
consider existing and planned land uses, buildout achieved, and will outline the purpose of the Land Use Element,
relevant legislation, key terminology, and how the Land Use Element informs other General Plan elements. This
review will also identify key opportunities for land use and policy changes for inclusion into the General Plan
Diagnostic Memo described in Task 2.12
Task 2.9 sustainability Hemerat Analysis
The inclusion of a sustainability and/or resiliency element has been a key priority for the GPAC. The GPAC has
cited the importance of such an element to address key issues and provide access to available grant funding.
Through this task our team will work with the GPAC to contextualize the vision for a sustainability/resiliency
element. Our team will research sustainability planning to develop a Sustainability Element Analysis. This analysis
will highlight innovative sustainability strategies employed in other communities, provide a framework for how
sustainability may be addressed through other elements of the General Plan as well as the benefits of a
standalone element, and develop an outline for a potential sustainability element.
Further, our team will analyze relevant data related to sustainability and develop an existing conditions analysis.
Data analyzed will be determined through our coordination with the GPAC as well as the findings of the
Sustainability Element Analysis and may include land use and transportation patterns, employment sectors, and
access to resources such as housing, recreation, and community food systems. Opportunities and issues
uncovered through this task will be included in the General Plan Diagnostic Memo, further described in Task 2.12.
Task 2.10 Implementation Program
The Implementation Program is essential to ensure that the City's plans do not sit on the shelf and that the
community's vision is realized. Dudek planners pride themselves in creating clear and direct implementing
policies that move the needle toward real results. Dudek will work closely with City staff and stakeholders to
analyze past implementation measures, where such measures were successfully implemented, and where they
fell short. Following the completion of the initial drafts of the updated General Plan Elements, Dudek will conduct
a final policy review for all elements to identify critical path actions and procedures necessary to carry out the
goals and policies set forth in the General Plan. Through close coordination with the City and its stakeholders, we
will develop recommendations for successful implementation of the updated elements. The Implementation
Program will be comprised of implementation measures and will provide key pieces of information, including the
City department responsible for implementation, funding sources (where appropriate), and timing of
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implementation, categorized by near -term (less than 5 years) and long-term (more than 5 years) actions.
Additionally, our team will support the Implementation Program through an economic analysis that will identify
strategies that will optimize opportunities identified in each element of the General Plan Update. Organized as a
standalone document, the Implementation Program will aid the City in preparation of the state -required annual
General Plan Progress Report and will provide streamlined guidance for General Plan implementation.
Task 2.11 Glossary
Consistency throughout all elements of the General Plan is essential, especially when defining terminology and
planningjargon. Following the development of the initial drafts of all respective elements, our team will conduct a
thorough review of all available elements and include key terms in the Glossary chapter of the General Plan as a
source for defining planning -related, industry terms. Should new terms need to be added, Dudek will work with
City staff and existing planning resources (e.g., Newport Beach Municipal Code) to ensure that a consistent and
clear definition is provided. Similarly, where current terms are obsolete, our team will recommend their removal
from the Glossary.
Task 2.12 General Plan Diagnostic Memo
Building off the Existing Conditions Reports and General Plan Reviews developed for each respective component
described in Tasks 2.1 through 2.9, our team will summarize key findings as they relate to issues and opportunities,
relevant legal requirements and applicable statutes, and recommended solutions and revisions, forming a complete
General Plan Diagnostic Memo. The General Plan Diagnostic Memo will be concise and incorporate key
recommendations to inspire discourse around policy and key amendments to be considered in the General Plan
Amendment as further described in Task 3. Further, through the General Plan Diagnostic, our team will identify
potential strategies for re-envisioningthe structure of the General Plan as a whole. Considerations will look to similar
cities and the specific needs of Newport Beach to identify opportunities to combine or reorganize elements and
options that will be most effective for a web -based plan as described in Task 3.2.
Our team recognizes that, based on the findings of the General Plan Diagnostic Memo, recommended revisions to
the identified elements may result in changes needed to non-scoped General Plan elements. Dudek is amenable
to scope revisions during the planning process where and when appropriate.
Further, our team understands that sustainabilo and environmental justice are important topics for the City and
its stakeholders. While we see opportunity to naturally weave policies addressing these topics throughout the
elements of the General Plan, we recognize that through the implementation of a meaningful outreach and
engagement program, as well as a diligent review of available information, resources, and data, additional
revisions to the General Plan elements may be requested. Through the General Plan Diagnostic Memo and
working in close collaboration with the City staff and its stakeholders, Dudek will provide recommendations for key
topic areas that may be addressed through the General Plan Amendments and will highlight opportunities for a
new element that is not currently included in the General Plan. If it is the desire of the City and its stakeholders to
implement changes to the General Plan that are not identified in this scope of work, Dudek is willing to
incorporate scope revisions through a contract augment.
Task 2 bellverables:
■ Draft Existing Conditions Analysis (including General Plan Review, Regulatory Crosswalks, and
Specific Considerations)
■ Final Existing Conditions Analysis (including General Plan Review, Regulatory Crosswalks, and
Specific Considerations)
■ Administrative Draft General Plan Diagnostic Memo
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■ Draft General Plan Diagnostic Memo
■ Final General Plan Diagnostic Memo
Task 3: General Plan Amendment
Task 3.1 Preparation and Formatting of Amendment
Building upon the community outreach and engagement identified under Task 1 and the research and data
findings and recommendations identified under Task 2, our team will work closely with City staff, the Steering
Committee, the GPAC, and all other stakeholders to develop the Administrative Draft of the General Plan
Amendment. This will include drafts of the Vision Statement, Harbor and Bay Element, Historical Resources
Element, Recreation Element, Arts and Cultural Element, Natural Resources Element, Safety Element, and Land
Use Element. Our team recognizes that, while much of our initial analysis described in Task 2 is data -driven, the
development of the first draft of the General Plan elements will be a community -driven, iterative process in close
coordination with all stakeholders, including City staff, the GPAC, and the Steering Committee. Coordination and
engagement in the development of the General Plan amendment is further detailed in the Newport, Together
Outreach and Engagement section of Task 1. Because the Implementation Program and the Glossary will build off
the aforementioned elements, following the initial draft of each respective element, our team will then work with
the General Plan stakeholders to develop the initial draft of the Implementation Program and the Glossary (further
described under Task 2).
Upon completion of the Administrative Draft General Plan, Dudek will incorporate revisions based on consolidated
comments and edits from City staff to then develop the GPAC and Steering Committee Review Draft of the General
Plan for review by the GPAC and the Steering Committee. The Dudek team will work closely with the GPAC,
Steering Committee, and City staff to incorporate revisions for the development of the Public Review Draft, which
will be made available for review by all City stakeholders. Dudek understands that policy development for the
General Plan amendments is the result of a community -driven process; therefore, our team will ensure that
adequate time is provided for public review and will work with stakeholders to address comments received and
needed revisions. As further described in Task 1.5.9, the Dudek team will facilitate two Draft General Plan Update
Community Open Houses to facilitate community feedback on the General Plan Update. We will prepare a
comment matrix of all public comments received, identify key areas of change, and work with the GPAC to develop
consensus among any conflicting comments.
Dudek will incorporate needed revisions based on the direction provided from the GPAC, Steering Committee, and
City staff, resulting in the Final Draft General Plan. The Final Draft General Plan will be formatted and compiled for
posting in advance of public hearings as described in Task 3.2
Task 3.1 Deliverables:
■ One (1) Administrative Review Draft General Plan - MS Word
■ One (1) GPAC and Steering Committee Review Draft General Plan PDF
• One (1) Public Review Draft General Plan - Online Plan
• One (1) Final Draft General Plan - Online Plan
Task 3.2 Online Plan
Our team understands that the City is interested in a state of the art web -based General Plan that acts as the
primary version of the plan. Dudek's in-house Visual Storytelling Team will work with the City to develop an online
plan that will act as the web portal for the General Plan. The Dudek Visual Storytelling Team will review precedents
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of similar existing websites and determine a "feature" list. Dudek's approach is to use a site architecture and
theme geared toward local government and community compatible interface. The final product will be a user-
friendly, accessible, and responsive website that stands as the primary format of the General Plan. The website
visuals will build on the Newport, Together brand and may include interactive maps and clickable paths to various
sections of the General Plan such as Goals and Elements. Dudek planners will enhance the plan graphics by
creating interactive data visualizations and infographics that allow users to access rich datasets and progress in
an easy -to -access manner. The final product will be built using a program that the City's technical team is
comfortable working with similar to GitBook or Square Space or may be built within the City's existing
infrastructure using programs such as Wordloress. The end result will editable by the City, in the event that future
amendments are incorporated. Software licensing fees are not included and will be determined based on the
program that is preferred by and most appropriate for the City.
Task 3.2 Deliverables:
■ One (1) Draft Online Plan layout in preparation of content developed through Task 3.1
■ Two (2) Full Draft Online Plans incorporating revisions from GPAC and Steering Committee Review
and Public Review to present the results of Task 3.1
■ One (1) Final Online Plan presenting results of the Final Draft General Plan in Task 3.1
■ Transfer of content to City and technical coordination.
Task 3.3 Optional Sustainability Element
As described in Task 2.9, our team will conduct a Sustainability Element Analysis as well as an existing conditions
report. Through this research, coordination with City staff, the GPAC, the Steering Committee, and other project
stakeholders, it may be determined that a Sustainability Element is needed as part of the comprehensive update
to the General Plan. Under this optional task, Dudek will prepare a Sustainability Element in addition to the other
elements described under Task 3.1. The Sustainability Element will be developed on the same timeline and
through the same process as the other elements described. Strategies developed will be informed through the
outreach and engagement conducted through Task 1, the findings of Task 2.9, and the overarching vision and
goals developed for the General Plan.
Task 4: CEQA Clearance
We understand that the City is in the process of preparing the Housing Element Draft Program EIR, which is
intended to cover the environmental impacts associated with the Housing Element Update (i.e., General Plan
Amendments and related zoning overlay program), as well as the Land Use Element and Circulation Elements.
With the understanding that no additional land use or zoning changes would occur in the Land Use Element and
Circulation Elements beyond those already studied and covered under the Housing Element Draft Program EIR,
Dudek proposes to prepare an Addendum to the Housing Element Implementation EIR to address the potential
environmental issues that could result from adoption of the updated elements and amendment covered under
this Scope of Work. Dudek assumes that no Subsequent EIR will be required because we do not expect that any
substantial changes are proposed that would require major revisions of the Housing Element Draft Program EIR
due to the involvement of new significant environmental effects or a substantial increase in the severity of
previously identified significant effects (Section 15162 of the CEQA Guidelines). Our team recognizes that the
Housing Element Implementation EIR is not yet certified by the City Council, and that there are multiple efforts
currently underway within the City that will require close collaboration to ensure the success of the General Plan
Update. Further, we understand that the full breadth of the project will be driven in large part through the
outreach and engagement process described in Task 1. Therefore, if more robust CEQA documentation is needed
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for this project or if changes to elements are proposed that would have the potential for new/more significant
environmental impacts, Dudek can prepare a scope/budget revisions to address such a need.
As part of the Addendum preparation, Dudek will review the forthcoming Housing Element Draft Program EIR in
detail to consult with the City on the appropriateness of the CEQA approach and planned scope of work. Following
a kickoff meeting with the City for the Addendum, Dudek will prepare a complete Project Description, in
compliance with CEQA requirements, to describe the proposed project accurately and thoroughly. The project
description will establish the existing environmental setting and summarize the proposed uses to be authorized
under the proposed project.
Upon review of the Project Description by the City, Dudek will prepare and submit a Draft Addendum, analyzing
any changes between the uses anticipated and authorized under the forthcoming Housing Element Draft Program
EIR and the proposed Project Description and determine the potential environmental effects of the amendment.
The Draft Addendum will be composed of an Introduction section, which includes a summary of the purpose and
contents of the Draft Addendum; a description of the Environmental Setting; the Project Description; justification
for why an Addendum is the appropriate CEQA documentation; and the analysis of the proposed Project's impacts
on the CEQA Appendix G environmental issues.
Following the City's review of the Draft Addendum, Dudek will prepare a revised Draft Addendum in track -changes
to facilitate the City's review with answers to all staff comments. Dudek suggests a meeting to review all
comments to ensure revisions accurately reflect the requests and comments from the City. Up to two (2) rounds of
review and revision with the City are included in this task. As Addendums are not subject to public review, no
public meetings or posting of notices with the County Clerk are included.
Task 4 Dellverables;
• Kickoff meeting and agenda
■ There (3) meetings with Housing Element Implementation EIR project team
■ Three (3) meetings with City staff to review comments and revisions
■ Three (3) meetings with GPACto discuss the CEQA process and project description.
■ Draft Project Description for City review
■ Preparation of one (1) Draft Addendum and two (2) rounds of review/revision based on City comments
■ Final Addendum (electronic copy)
City of Newport Beach General Plan Update 18
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EXHIBIT B
SCHEDULE OF BILLING RATES
Dudek Page B-1 15-55
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City of Newport Beach General Plan Update
15-58
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers, employees and any person
or entity owning or otherwise in legal control of the property upon which
Consultant performs the Project and/or Services contemplated by this
Agreement.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Dudek Page C-1 15-59
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Professional Liabilit Errors & Omissions Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement and
Consultant agrees to maintain continuous coverage through a period no
less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement or shall specifically allow Consultant or
others providing insurance evidence in compliance with these requirements
to waive their right of recovery prior to a loss. Consultant hereby waives its
own right of recovery against City, and shall require similar written express
waivers from each of its subconsultants.
B. Additional insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement shall be included as insureds under such
policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
Dudek Page C-2 15-60
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Consultant shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Consultant shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Consultant shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. if the Consultant maintains higher
Dudek Page C-3 15-61
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. Self -insured Retentions. Any self -insured retentions must be declared to
and approved by City. City reserves the right to require that self -insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
H. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City,
Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
Dudek Page C-4 15-62