HomeMy WebLinkAbout10 - Amendment to PSA for Consulting Services on the Comprehensive General Plan Update (PA2022-080)Q �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
March 25, 2025
Agenda Item No. 10
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Assistant City Manager/Community Development
Director - 949-644-3232, sjurjis@newportbeachca.gov
PREPARED BY: Benjamin M. Zdeba, AICP, Planning Manager - 949-644-3253,
bzdeba@newportbeachca.gov
TITLE: Amendment to Professional Services Agreement with Dudek, Inc. for
Consulting Services on the Comprehensive General Plan Update
(PA2022-080)
ABSTRACT:
For the City Council's consideration is an amendment to the existing Professional
Services Agreement with Dudek, Inc. for Consulting Services on the Comprehensive
General Plan Update. The requested amendment would: (1) update the scope of work to
include an update to the Noise Element, additional support for the General Plan Advisory
Committee and its subcommittees, and an additional draft General Plan deliverable;
(2) extend the term of the agreement to June 30, 2026; and (3) increase the total
compensation by $128,479.99.
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 Amendment No. One to the Professional Services Agreement with Dudek,
Inc. for Consulting Services on the Comprehensive General Plan Update, which
augments the Scope of Work, extends the contract to June 30, 2026, and increases
the contract amount by $128,479.99 for a total not -to -exceed amount of
$1,606,509.74, and authorize the Mayor and City Clerk to execute Amendment
No. One to the Agreement.
DISCUSSION:
With the City Council's authorization on June 27, 2023, the City of Newport Beach
executed a professional services agreement with Dudek, Inc. (Dudek) for consulting
services related to the comprehensive update of the General Plan (Agreement). It is
noteworthy that the Scope of Work authorized under the Agreement did not include
services on the General Plan's Circulation Element, Housing Element, or Noise Element.
10-1
Amendment to Professional Services Agreement with Dudek, Inc.
for Consulting Services on the Comprehensive General Plan Update
March 25, 2025
Page 2
Since the Agreement's execution, Dudek has been providing professional and technical
support to City staff, including attending meetings of the General Plan Update Steering
Committee (GPUSC) and the General Plan Advisory Committee (GPAC). To ensure
efficiency and productive meetings, the GPAC formed multiple subcommittees to review
individual General Plan elements for potential refreshing to align with the community's
vision. The GPUSC has continuously overseen the work of and provided guidance to the
GPAC while reporting back to the City Council on progress made.
As part of the GPUSC's bi-monthly update to the City Council on September 24, 2024, it
was reported that the GPAC Noise Subcommittee received support from the GPAC and
GPUSC to pursue the City Council's authorization for the technical work necessary to
update Figures N1 through N6 related to existing and future noise contours, as well as a
community noise survey to identify any major noise sources. Attachment B to this report
is GPUSC Chair Nancy Gardner's memo updating the City Council on the progress made.
As recommended in the staff report for that meeting, the City Council received and filed
the bi-monthly update expressing initial support to consider an amendment to the
Agreement for this work.
Proposed Additional Services
Dudek has prepared a supplemental work plan that includes additional services to update
the Noise Element, which are listed and briefly described in Table 1 below. The full work
plan is provided in Attachment A to this report. Importantly, there is no intention to change
the revisions made with the City Council's adoption of a focused update to the Noise
Element on November 14, 2023, related to housing in the Airport Area.
Table 1, Outline of Additional Work Plan Tasks
#
Task Title
Description and Subtasks
1
Noise
Dudek will provide the necessary professional and technical support to
Element
update the Noise Element, including its exhibits and figures as necessary.
Update
1.1 Establish Baseline Conditions
• 1.2 Sound Propagation Modeling and Sound Contour Mapping
• 1.3 Update Noise Element Policies
• 1.4 Noise Element Amendment
2
GPAC
As the General Plan Update has progressed and with the addition of the
Subcommittee
Noise Element, it has become apparent that additional coordination with
Coordination
the ad hoc committees and the various GPAC Subcommittees is needed.
• 2.1 GPAC Subcommittee Meetings and Support
3
General Plan
To accommodate the General Plan Update's iterative process with the
Update
community and ad hoc committees, Dudek recommends an additional
Additional
draft of the General Plan.
Draft
3.1 Additional Draft General Plan
10-2
Amendment to Professional Services Agreement with Dudek, Inc.
for Consulting Services on the Comprehensive General Plan Update
March 25, 2025
Page 3
Project Schedule and Amended Term
The Agreement's schedule has the General Plan Update being completed in early
summer 2025. With the proposed amendment, the schedule will shift to accommodate
the additional work needed to include an update to the Noise Element and pushes
completion to fall 2025. Given the slight delay and the potential need for additional time
to wrap up the project, the amendment includes extending the term expiration from
December 31, 2025, to June 30, 2026.
Project Cost
To provide the required services, Dudek is requesting an additional $128,479.99, which
includes adequate budget to allow for an additional draft of the General Plan, if necessary.
Given the iterative process with significant input from the GPUSC, GPAC, and GPAC
subcommittees, as well as the community, City staff believes planning for an additional
draft is warranted and prudent.
With this additional cost, the total contract amount will increase from $1,478,029.75 to
$1,606,509.74.
FISCAL IMPACT:
Given the General Plan Update will continue across fiscal years through the end of 2025,
the current Capital Improvement Program (CIP) budget for Fiscal Year 2024-2025 (FY24-
25) is not sufficient to complete it. Staff will request additional funds in the CIP budget for
Fiscal Year 2025-2026 (FY25-26) such that sufficient funding for the amended Agreement
is included as part of the General Plan Update project. 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).
ATTACHMENTS:
Attachment A — Amendment No. One to the Professional Services Agreement with Dudek
Attachment B — September 24 City Council GPUSC Memo
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Attachment A
Amendment No. One to the Professional
Services Agreement with Dudek
10-4
AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT
WITH DUDEK FOR
CONSULTING SERVICES ON THE COMPREHENSIVE GENERAL PLAN UPDATE
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. One") is made and entered into as of this 25th day of March, 2025
("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, CA 92024, and is made with
reference to the following:
RECITALS
A. On June 27, 2023, City and Consultant entered into a Professional Services
Agreement ("Agreement") for consulting services on the comprehensive general
plan update ("Project").
B. The parties desire to enter into this Amendment No. One to reflect additional
Services not included in the Agreement, to extend the term of the Agreement to
June 30, 2026 and to increase the total compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2026, unless terminated earlier as set forth herein."
2. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Exhibit A to the Agreement and Exhibit A to this Amendment No. One shall
collectively be known as "Exhibit A." The City may elect to delete certain Services within
the Scope of Services at its sole discretion.
3. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates, attached hereto as Exhibit B and incorporated herein by reference. Exhibit
B to the Agreement and Exhibit B to Amendment No. One shall collectively be known as
"Exhibit B."
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -exceed
10-5
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 Six Hundred
Six Thousand Five Hundred Nine Dollars and 74/100 ($1,606,509.74), 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."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. One,
including all reimbursable items and subconsultant fees, in an amount not to exceed One
Hundred Twenty Eight Thousand Four Hundred Seventy Nine Dollars and 99/100
($128,479.99).
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Dudek Page 2
10-6
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By: By:
Aaro . Harp ti5 Joe Stapleton
City Attorney 3 Jl�l Mayor
ATTEST:
Date:
:-
Leilani I. Brown
City Clerk
Attachments
CONSULTANT: DUDEK, a California
corporation
Date:
By:
Joseph Monaco
Chief Executive Officer
Date:
Bv:
Danielle Voss
Secretary
[END OF SIGNATURES]
Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Dudek
Page 3
10-7
EXHIBIT A
SCOPE OF SERVICES
Dudek Page A-1
10-8
February 25, 2025
Ben Zdeba
City of Newport Beach
Subject: Add Service for the City of Newport Beach General Plan Update
Dear Ben Zdeba:
Dudek is pleased with the opportunity to continue and expand upon our work with the City of Newport Beach on
the General Plan Update. As part of this update, Dudek has reviewed and provided a summary of our
recommendations to the City for updates to the Noise Element (NE). Further, the original scope of work only
anticipated meetings with the full General Plan Advisory Committee (GPAC), but did not include meetings and
coordination with the GPAC Subcommittees. Below describes additional services to be added to the General Plan
Update, including an update to the City's General Plan Noise Element, additional coordination with the GPAC's
various subcommittees, and an additional draft of the General Plan.
Scope of Services
The following services are proposed for the update of the NE component of the GP. We understand that
development of the Noise Section of the EIR has already been completed and is not needed within this scope.
Task 1.1 Establish Baseline Conditions
Dudek will conduct a sound monitoring survey that includes sound pressure level measurements and concurrent
traffic volume counts, as appropriate, to determine the existing sound levels at representative locations
throughout the City and to validate the sound model developed in Task 1.2. The sound monitoring survey will
include up to twenty (20) short-term (15-minute duration) and up to three (3) long-term (24+-hour duration)
measurement locations. Candidate survey locations will be selected in consultation with City planning staff.
Sound pressure levels (SPL) will be measured using instruments that satisfy the American National Standards
Institute (ANSI) standards for a Type 1 or Type 2 sound level meter (SLM).
Task1..1 Cast ... ..................... .......... ......... .... ................... ........ ........ .................... ............................. .............. ... 4KIM-W
Task 1.2 Sound Propagation Modeling and Sound Contour Mapping
a. Existing and Future Roadway Traffic Noise Levels -A City-wide traffic sound model will be developed
using the Federal Highway Administration (FHWA) Traffic Noise Model algorithms, as implemented within
TO: BEN ZDEBA, PLANNING MANAGER
SUBJECT: ADD SERVICE FOR THE CITY OF NEWPORT BEACH GENERAL PLAN UPDATE
the CadnaA software. Cad naA is a three-dimensional sound mapping software that takes into account
varying terrain, source spectral content, and a number of other factors that have an effect on sound
attenuation and propagation. Inputs to the model will include roadway centerlines, terrain, ground type,
and buildings, if desired. The sound model will be validated with data gathered from the sound monitoring
survey conducted in Task 1.1. Following model validation, 24-hour Community Noise Equivalent Level
(CNEL) contours will be developed for the 104 roadway segments included in the EIR and SR73, provided
that the consultant is provided with roadway centerline and traffic volumes, for two scenarios: Existing
and General Plan Buildout conditions. The sound level contours will be available for import into the City's
GIS system and will be provided graphically within the Noise Element document. Traffic noise levels along
these roadways will also be provided in tabular form. Traffic volumes, speed, and mix information will be
utilized from the traffic study. This task assumes that the City will provide roadway centerlines,
topographical information, and buildings, if desired, in a format suitable to be imported into the sound
modeling software (i.e., ArcGIS or dxf format).
b. John Wayne Airport (JWA) -Sound levels from the John Wayne Airport will be evaluated based upon
sound level contour mapping from the corresponding Airport Land Use Compatibility Plan (ALUCP). Sound
level contours provided in the ALUCP will be reproduced for use within the Noise Element in a separate
map than the ground transportation sources due to differences in mitigation strategies needed for these
different types of sources.
c. Other Sound Sources - Dudek will assess any major newly identified (by the City) sound sources that may
have been developed since the release of the adopted NE to determine the level to which these sources
should be included in the sound modeling or measurement (Task 1.1) efforts. It is anticipated that sound
levels generated from localized sources, such as water vehicles, recreational activities, mechanical
equipment, landscape maintenance, etc., will be discussed qualitatively within the background section of
the NE only, similar to how they are discussed in the adopted NE. However, Dudek's approach to newly
identified sources will be on a case -by -case basis, depending on the source.
Task1.2 Cwt............. ......... ..................... .................. .......... .............................................................................. $14,69 OO
Task 1.3 Update Noise Element Policies
Dudek will update the NE goals and policies following the previously made Dudek recommendations for
relevance, completeness, and consistency of the NE with the Municipal Code and any recommendations made
within the Nosie Section of the EIR to mitigate any identified significant impacts. This task assumes one 2-hour
virtual meeting with the City to discuss City objectives, the development of draft updated goals and policies, and
the response to one round of City comments. The Final updated goals and policies will be provided within the
Updated Noise Element document.
Task1.3 Cast . ......... ................... .................. .......... ..... ... ......... .......... ............................................................... ....$5,370.6V
Task 1.4 Noise Element Amendment
Dudek will draft an updated noise element document to include background information on sound, a narrative
describing existing background sound sources throughout the City that includes any newly identified noise
sources that may have been developed since the release of the adopted NE, updated Community Noise Contour
Maps for existing and future General Plan Buildout conditions for ground transportation sources, sound contour
D U D E K FEBRUARY 2025
10-10
TO: BEN ZDEBA, PLANNING MANAGER
SUBJECT; ADD SERVICE FOR THE CITY OF NEWPORT BEACH GENERAL PLAN UPDATE
maps from the ALUCP depictingJohn Wayne Airport (JWA) sound contours, and updated goals, policies, and
implementation procedures following previously made recommendations. Sound levels generated from localized
sources, such as water vehicles, recreational activities, mechanical equipment, landscape maintenance, etc., will
be discussed qualitatively within the background section of the document only, similar to how they are described
within the adopted NE. This task assumes our response for two total rounds of consolidated comments from the
City, the GPAC, or other interested parties.
Task14 CXt...................... ................................. ........................... ... ......... .................. .................................. $14Y-mm
As the General Plan Update progresses and with the addition of the Noise Element Update, it has become
apparent that additional coordination with the GPAC and its subcommittees is needed. The original scope of work
anticipated 34 GPAC meetings up to 1-hour each, with Kearns and Wests participation at 6 meetings. However,
to -date, the Dudek team has attended a total of 23 GPAC and subcommittee meetings, all of which have lasted
between 1.5-2.25 hours. Further, Kearns and West has been in attendance at 12 of these meetings. To continue
to engage with the GPAC and subcommittees throughout the General Plan Update process, the following scope of
services is proposed as an add service to the existing contract.
Task 2.1 GPAC Subcommittee Meetings and Support
To support coordination with the various GPAC subcommittees, the Dudek team will attend 12 GPAC
Subcommittee meetings including attendance by the Dudek project manager and up to 2 additional members of
the Dudek team at each meeting. Additionally, in support of these meetings, Dudek will develop PowerPoint
presentations, as well as meeting minutes following each meeting. Of the 12 GPAC subcommittee meetings,
Dudek anticipates 8 will be in -person and 4 will be virtual. Staff attendance is anticipated in accordance with the
following:
■ Project manager attendance at 12 meetings (virtual and in -person)
■ One Kearns and West representative attendance at 5 meetings (in -person)
• One Dudek Technical Representative (i.e. Coastal Planner, Acoustician, or similar role) at 12 meetings
(virtual and in -person)
task2.1 Cost .......................... ... ...... ..... ................................................................................... ...................... $35,,M.W
To accommodate the General Plan Update's iterative process, Dudek recommends an additional draft of the
General Plan. The following services are proposed for the update to the General Plan.
Task 3.1 Additional Draft General Plan
To accommodate additional revisions through the various subcommittees of the General Plan Advisory
Committee, Dudek will provide an additional draft of the General Plan for City review. This task assumes our
response for one round of consolidated comments.
TASK 3 COST ...........................:................
D U D E K FEBRUARY 2025
10-11
TO: BEN ZDEBA, PLANNING MANAGER
SUBJECT: ADD SERVICE FOR THE CITY OF NEWPORT BEACH GENERAL PLAN UPDATE
TOTAL COST.....................................................................................................................................................$128,479.99
The comprehensive breakdown of all costs is provided below. Our team looks forward to discussing the proposed
add service. Should you have any questions, feel free to contact me at edickson@dudek.com or (760) 479-4846.
Sincerely,
Elizabeth Dickson, AICP
Principal Planner
DUDEK
FEBRUARY 2025
10-12
EXHIBIT B
SCHEDULE OF BILLING RATES
Dudek Page B-1
10-13
City of Newport Beach
Newport Beach NE Update and GPAC Subcommittee Coordnation
DUDEK FEE ESTIMATE
ZQSM25
i►wnt olHom(B.rq '24 TSa tea
Dudei Projea Budget Created
Newport Beach NE Update and GPAC Subcommittee Coordination
2/25120259:45 AM
DUDEK
Page 1 of 1
10-14
Attachment B
September 24 City Council GPUSC
Memo
10-15
REPORT TO COUNCIL
We are beginning Phase 2 of the outreach process. An important part of this will be joint sessions with
various city commissions and committees to get their specialized perspectives. In addition, there will be
workshops where we can begin to get more considered community reaction to various plan aspects.
Several analyses have been prepared by Dudek:
*The Implementation Program Analysis reviews implementation progress of the current General
Plan. Overall, the implementation rate is good. There are some areas where nothing has been done,
and part of the process will be to evaluate their current relevance and make suggestions to Council.
*The Diagnostic Memo provides brief descriptions of relevant legislation for each element to
help GPAC in its efforts. The memo identified one area within the city as meeting the environmental
justice classification, but this generated disagreement from many committee members who feel that
the data relied on doesn't accurately reflect the area. The consultant will review this.
Noise Element: The subcommittee had a presentation by Code Enforcement and an acoustician as well
as data from the police department as to types and numbers of noise complaints. On review of the
subcommittee report, GPAC feels that because we are using noise contours from 2004 and earlier and
because there are coverage gaps (no analysis of the 73 Freeway, for example), it is difficult to make
good forecasts for the future. The committee would like the Council to consider authorizing new noise
studies. As this is not in the current Dudek contract, staff will provide a cost estimate.
The Steering Committee is recommending Janine Padia and Virginia Anders-Ellmore to fill two vacancies
on GPAC. Ms. Padia is a real estate consultant. Ms. Anders-Ellmore, a retired nurse, has been attending
and participating in GPAC and GPAC subcommittee meetings regularly. We recommend Rita Goldberg
as a back-up replacement if there is another resignation. Ms. Goldberg has a background in publishing,
served as a city arts commissioner and is on the advisory board for the film festival.
10-16