HomeMy WebLinkAbout11 - BA-037 - Planning Analysis of Greenlight InitiativeCITY OF NEWPORT BEACH Hearing Date: February 8, 2000
PLANNING DEPARTMENT
Agenda Item No.: 11
F 3300 NEWPORT BOULEVARD Staff Person: Patricia L. Temple
S NEWPORT BEACH, CA 92658 (949) 644 -3228
c,4FOa�`� (949) 644 -3200; FAX (949) 644 -3250
REPORT TO THE MAYOR AND CITY COUNCIL
SUBJECT. Planning Analysis of the "Protection from Traffic and Density"
Initiative
ACTION: Approve a budget amendment in the amount of $11,500, and authorize the
City Manager to retain the services of a firm employing a former City
employee, and to execute a professional services agreement with The
Planning Center for the preparation of a planning analysis of the initiative.
On January 11, 2000, the City Council placed the Protection from Traffic and Density initiative on
the November, 2000 ballot. Since the initiative qualified for the ballot, staff has received numerous
questions regarding how the proposed Charter amendment would operate, and how it would affect
the development review process. Due to the intricacies of its provisions, particularly the need to
include past General Plan Amendment approvals in the calculations to determine whether a
development which includes a General Plan Amendment must be submitted to the voters for
approval, detailed and time - consuming research is needed to answer the questions.
There is not available staff to work on this project. Therefore, we have solicited a proposal from the
consulting firm of The Planning Center to complete this work. This firm was selected by staff
because a former member of the Planning Department, John Douglas, works with this firm. He has
a great deal of experience with the City's development review process, and the structure of the
current General Plan. This knowledge will be valuable to assure the completeness and accuracy of
the research, and, therefore, of the information which will then be available.
Council Policy F -20 requires that a professional services contract with a former City employee, or
with a firm that employs a former City employee, be approved by the City Council. Because of the
special advantages the retention of a person experienced with the City's Planning Department and
development review processes will bring to the project, staff recommends that the City Manager be
authorizedto execute the attached contract. The proposed scope of services is attached.
Submitted by: Prepared by:
SHARONZ. WOOD PATRICIA L. TEMPLE
Assistant City Manager Planning Director
P". d12 �.
Attachments:
1. Scope of Services from The Planning Center
2. Budget Amendment
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, entered into this day of February, 2000, by and
between CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to
as "City "), and The Planning Center whose address is 1580 Metro Drive, Costa Mesa,
California, 926_, (hereinafter referred to as "Consultant'), is made with reference to the
following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under
the laws of the State of California with the power to carry on its business
as it is now being conducted under the statutes of the State of California
and the Charter of City.
B. City desires to engage Consultant to provide project management and
staff services upon the terms and conditions contained in this Agreement.
C. The principal member of Consultant is, for purpose of this Project, John
Douglas.
D. City has solicited and received a proposal from Consultant, has reviewed
the previous experience and evaluated the expertise of Consultant, and
desires to contract with Consultant under the terms of conditions provided
in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
Parties as follows:
1. TERM
The term of this Agreement shall commence on the 9th day of February, 2000,
and shall terminate on the 28th day of April, 2000, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the duties set forth in the scope of services,
attached hereto as Exhibit "A" attached hereto and incorporated herein by reference.
3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services in accordance with the provisions of
this Section and the scheduled billing rates, attached hereto as Exhibit "A" and
incorporated herein by reference. No rate changes shall be made during the term of
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this Agreement without prior written approval of City. Consultant's compensation for all
work performed in accordance with this Agreement shall not exceed the total contract
price of Ten thousand, three hundred dollars ($10,000). The Planning Director shall
have the authority to authorized work beyond this amount, not to exceed an additional
$1,500.
3.1 Consultant shall maintain accounting records of its billings which includes
the name of the employee, type of work performed, times and dates of all work which is
billed on an hourly basis and all approved incidental expenses including reproductions,
computer printing, postage and mileage.
3.2 Consultant shall submit monthly invoices to City payable by City within
thirty (30) days of receipt of invoice subject to the approval of City.
3.3 Consultant shall not receive any compensation for extra work without prior
written authorization of City. Any authorized compensation shall be paid in accordance
with Exhibit "A ".
3.4 City shall reimburse Consultant only for those costs or expenses which
have been specifically approved in this Agreement, or specifically approved in advance
by City. Such cost shall be limited and shall include nothing more than the following
costs incurred by Consultant.
3.5 Notwithstanding any other paragraph or provision of this Agreement,
beginning on the effective date of this Agreement, City may withhold payment of ten
percent (10 %) of each approved payment as approved retention until all services under
this Agreement have been substantially completed.
4. STANDARD OF CARE
4.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the services required by this Agreement, and that it will
perform all services in a manner commensurate with the community professional
standards. All services shall be performed by qualified and experienced personnel who
are not employed by City nor have any contractual relationship with City. Consultant
represents and warrants to City that it has or shall obtain all licenses, permits,
qualifications and approvals required of its profession. Consultant further represents
and warrants that it shall keep in effect all such licenses, permits and other approvals
during the term of this Agreement.
4.2 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, or acts of God, or the failure of City to furnish timely information or
to approve or disapprove Consultant's work promptly, or delay or faulty performance by
City, contractors, or governmental agencies, or any other delays beyond Consultant's
control or without Consultant's fault.
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5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not
an employee of City. The manner and means of conducting the work are under the
control of Consultant, except to the extent they are limited by statute, rule or regulation
and the expressed terms of this Agreement. Nothing in this Agreement shall be
deemed to constitute Consultant or any of Consultant's employees or agents, to be the
agents or employees of City. Consultant shall have the responsibility for and control
over the details in means of performing the work provided that Consultant is compliance
with the terms of this Agreement. Anything in this Agreement which may appear to
give City the right to direct Consultant as to the details of the performance of the
services or to exercise a measure of control over Consultant shall mean that Consultant
shall follow the desires of City only with respect to the results of the services.
6. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator, and any other agencies which may have jurisdiction or interest in
the work to be performed. City agrees to cooperate with the Consultant on the Project.
7. PROJECT MANAGER
Consultant shall assign the Project to 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 Project term. Consultant has designated John Douglas to be its
Project Manager. Consultant shall not bill any personnel to the Project other than those
personnel identified in Exhibit "A ", whether or not considered to be key personnel,
without City's prior written approval by name and specific hourly billing rate. Consultant
shall not remove or reassign any personnel designated in this Section or assign any
new or replacement person to the Project without the prior written consent of City. City's
approval shall not be unreasonably withheld with respect to removal or assignment of
non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
8. TIME OF PERFORMANCE
Time is of the essence in the performance of the services under this Agreement
and the services shall be performed by Consultant in accordance with Exhibit A. The
failure by Consultant to strictly adhere to the schedule, may result in termination of this
Agreement by City, and the assessment of damages against Consultant for delay.
Notwithstanding the foregoing, Consultant shall not be responsible for delays which are
due to causes beyond Consultant's reasonable control. However, in the case of any
such delay in the services to be provided for the Project, each party hereby agrees to
provide notice to the other party so that all delays can be addressed.
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8.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days after the start
of the condition which purportedly causes a delay, and not later than the date upon
which performance is due. The Project Administrator shall review all such requests and
may grant reasonable time extensions for unforeseeable delays, which are beyond
Consultant's control.
8.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
either telephone, fax, hand delivery or mail.
9. CITY POLICY
Consultant will discuss and review all matters relating to policy and project
direction with the Project Administrator in advance of all critical decision points in order
to ensure that the Project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state
and federal law, regulations and permit requirements and be subject to approval of the
Project Administrator and City.
11. PROGRESS
Consultant is responsible to keep the Project Administrator and /or his /her duly
authorized designee informed on a regular basis regarding the status and progress of
the work, activities performed and planned, and any meetings that have been scheduled
or are desired.
12. HOLD HARMLESS
Consultant shall indemnify, defend, save and hold harmless City, its City Council,
boards and commissions, officers and employees from and against any and all loss,
damages, liability, claims, allegations of liability, suits, costs and expenses for damages
of any nature whatsoever, including, but not limited to, bodily injury, death, personal
injury, property damages, or any other claims arising from any and all acts or omissions
of Consultant, its employees, agents or subcontractors in the performance of services or
work conducted or performed pursuant to this Agreement. This indemnity shall apply
even in the event of negligence of City, or its employees, or other contractors, excepting
only the sole negligence or willful misconduct of City, its officers or employees, and shall
include attorneys' fees and all other costs incurred in defending any such claim.
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.
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13. INSURANCE
Without limiting consultant's indemnification of City, and prior to commencement
of work, Consultant shall obtain and provide and maintain at its own expense during the
term of this Agreement policy or policies of liability insurance of the type and amounts
described below and satisfactory to City. Certification of all required policies shall be
signed by a person authorized by that insurer to bind coverage on its behalf and must
be filed with City prior to exercising any right or performing any work pursuant to this
Agreement. Except workers compensation, all insurance policies shall add City, its
elected officials, officers, agents, representatives and employees as additional insured
for all liability arising from Consultant's services as described herein.
All insurance policies shall be issued by an insurance company currently
authorized by the Insurance Commissioner to transact business of insurance in the
State of California, with an assigned policyholders' Rating of A (or higher) and Financial
Size Category Class VII (or larger) in accordance with the latest edition of Bests Key
Rating Guide: unless otherwise approved by the City Risk Manager.
A. Worker's compensation insurance covering all employees and principals
of Consultant, per the laws of the State of California.
B. Commercial general liability insurance covering third party liability risks,
including without limitation, contractual liability, in a minimum amount of $1
million combined single limit per occurrence for bodily injury, personal
injury and property damage. If commercial general liability insurance or
other form with a general aggregate is used, either the general aggregate
shall apply separately to this Project, or the general aggregate limit shall
be twice the occurrence limit.
C. Commercial auto liability and property insurance covering any owned and
rented vehicles of Consultant in a minimum amount of $1 million combined
single limit per accident for bodily injury and property damage.
Said policy or policies shall be endorsed to state that coverage shall not be
canceled by either party, except after thirty (30) days' prior notice has been given in
writing to City. Consultant shall give City prompt and timely notice of claim made or suit
instituted arising out of Consultant's operation hereunder. Consultant shall also procure
and maintain, at its own cost and expense, any additional kinds of insurance, which in
its own judgment may be necessary for its proper protection and prosecution of the
work.
Consultant agrees that, in the event of loss due to any of the perils for which it
has agreed to provide comprehensive general and automotive liability insurance,
Consultant shall look solely to its insurance for recovery. Consultant hereby grants to
City, on behalf of any insurer providing comprehensive general and automotive liability
insurance to either Consultant or City with respect to the services of Consultant herein,
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a waiver of any right of subrogation which any such insurer of said Consultant may
acquire against City by virtue of the payment of any loss under such insurance.
14. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or
any for the services to be performed under this Agreement, directly or indirectly, by
operation of law or otherwise without prior written consent of City. Any attempt to do so
without consent of City shall be null and void.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or joint
venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture
or syndicate or cotenancy, which shall result in changing the control of Consultant, shall
be construed as an assignment of this Agreement. Control means fifty percent (50 %) or
more of the voting power, or twenty-five percent (25 %) or more of the assets of the
corporation, partnership or joint- venture.
15. OWNERSHIP OF DOCUMENTS
Each and every report, draft, work product, map, record and other document
reproduced, prepared or caused to be prepared by Consultant pursuant to or in
connection with this Agreement shall be the exclusive property of City.
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.
Consultant shall, at such time and in such form as City may require, furnish
reports concerning the status of services required under this Agreement.
16. CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be kept
confidential unless the release of information is authorized by City.
17. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of his responsibilities under this
Agreement, City agrees to provide the following:
A. Access to, and upon request of Consultant, one copy of all existing record
information on file at City. Consultant shall be entitled to rely upon the
accuracy of data information provided by City or others without
independent review or evaluation. City will provide all such materials in a
timely manner so as not to cause delays in Consultant's work schedule.
B. Blueprinting, CADD plotting, copying and other services through City's
reproduction company for each of the required submittals. Consultant will
be required to coordinate the required submittals with City's reproduction
company. All other reproduction will be the responsibility of Consultant
and as defined above.
18. ADMINISTRATION
This Agreement will be administered by the Planning Department. Patricia
Temple shall be considered the Project Administrator and shall have the authority act
for City under this Agreement. The Project Administrator or his /her authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
19. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement. All such records shall
be clearly identifiable. Consultant shall allow a representative of City to examine, audit
and make transcripts or copies of such records during normal business hours.
Consultant shall allow inspection of all work, data, documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment under this Agreement.
20. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to constitute a
failure to pay according to the terms of this Agreement. Consultant shall not discontinue
work as a result of such withholding. Consultant shall have an immediate right to
appeal to the City Manager or his designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of seven
percent (7 %) per annum from the date of withholding of any amounts found to have
been improperly withheld.
21. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than would have
resulted if there were not errors or omissions in the work accomplished by Consultant,
the additional expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with the Project.
23. CONFLICTS OF INTEREST
A. The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits
such persons from making, or participating in making decisions that will
foreseeably financially affect such interest.
B. If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for
termination of this Agreement by City. Consultant shall indemnify and
hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
24. SUBCONSULTANT AND ASSIGNMENT
A. Except as specifically authorized under this Agreement, the services
included in this Agreement shall not be assigned, transferred, contracted
or subcontracted without prior written approval of City.
25. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the third business day after the deposit thereof in the United States
mail, postage prepaid, first class mail, addressed as hereinafter provided.
All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
City of Newport Beach
Planning Department
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA, 92658 -8915
(949) 644 -3200
Fax 644 -3350
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All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attention: John Douglas
The Planning Center
1580 Metro Drive
Costa Mesa, CA 926_
(714) 966 -9220
Fax 966 -9221
26. TERMINATION
In the event either part hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, that parry shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) days, or if more than two (2) days are reasonably required to cure the default
and the defaulting party fails to give adequate assurance of due performance within two
(2) days after receipt of written notice of default, specifying the nature of such default
and the steps necessary to cure such default, the nondefaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
26.1 City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to Consultant
as provided herein. Upon termination of this Agreement, City shall pay to the
Consultant that portion of compensation specified in this Agreement that is earned and
unpaid prior to the effective date of termination.
27. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules
and regulations enacted or issued by City.
28. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach of the
same or any other term, covenant or condition contained herein, whether of the same or
a different character.
29. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the Parties hereto, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions herein. Any modification of this
Agreement will be effective only by written execution signed by both City and
Consultant.
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30. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his
judgment as a design professional and is supplied for the general guidance of City.
Since Consultant has no control over the cost of labor and material, or over competitive
bidding or market conditions, Consultant does not guarantee the accuracy of such
opinions as compared to contractor bids or actual cost to City.
31. PATENT INDEMNITY
The Consultant shall indemnify City, its agents, officers, representatives and
employees against liability, including costs, for infringement of any United States' letters
patent, trademark, or copyright infringement, including costs, contained in Consultant's
drawings and specifications provided under this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed on the day and year first written above.
APPROVED AS TO FORM:
By:
Robin Clauson
Assistant City Attorney
for the City of Newport Beach
ATTEST:
M
LaVonne Harkless
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
Homer L. Bludau
City Manager
for the City of Newport Beach
CONSULTANT
A
John Douglas
The Planning Center
10
February 2, 2000
Ms. Patricia Temple
Planning Director
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92658 -8915
Subject: Proposal to Provide Consulting Services — Green Light Initiative Analysis
Dear Ms. Temple:
Thank you for the opportunity to present this proposal to provide planning services
to the City. Our understanding of the work required and a proposed scope, schedule
and budget are described below.
PROJECT UNDERSTANDING
In response to a citizens' initiative petition, the Newport Beach City Council has voted
to place a proposed Charter Amendment on the November ballot. This initiative
would require voter approval of any future "major amendment" to the City's General
Plan. The proposal defines "major amendment" as one that would allow an
additional 100 dwelling units or 40,000 square feet of Floor area, or would generate
over 100 peak hour trips. These thresholds would apply to the total of the increases
resulting from the amendment itself plus 80 percent of the increases resulting from
other amendments within the same statistical area of the city adopted within the
preceding 10 years, excluding any amendments approved by the voters.
It is the City's desire to evaluate the implications of the proposed initiative and, in
particular, to understand the significance of the provision requiring a cumulative
analysis of amendments approved during the preceding 10- years.
The scope of services described below would provide the City with an accurate
summary by Statistical Area of all amendments to the Land Use Element of the
General Plan that have been adopted since November 1990. While this statistical
analysis will be the primary work product, the process by which this information will
be gathered, analyzed and reported is of paramount importance due to the political
sensitivity of this effort. It is absolutely essential that both the initiative proponents
and opponents agree that the methodology used is objective and the individuals
performing this work are unbiased. Accordingly, the proposed scope of services
includes tasks intended to ensure the credibility of the process.
It is our understanding that the following issues will not be addressed as part of this
study:
• Legal analysis of the initiative and its likelihood of being upheld by
the courts
February 2, 2000
Page 2
• Fiscal impacts of the initiative on the City
SCOPE OF SERVICES
Task 1. Refine the Methodology and Scope
The Consultant will attend and facilitate a kick -off meeting with key City staff to
discuss the project objectives and review the work program. At this kick -off meeting
the following issue should be addressed:
• What procedures or methodo logy would ensure that the results of the study
will be fair and impartial.
Deliverables:
Kick -off meeting.
Revised methodology and scope of work
Task 2. Data Gathering and Draft Report
Using the methodology and scope developed during Task 1, the Consultant will
research the City's General Plan Amendment records and prepare an analysis
following the matrix format provided in Attachment 1. The analysis will itemize each
GPA by statistical area and year along with the number of additional dwelling units,
non - residential Floor area, and peak hour trips represented by the amendment as
compared to the previous General Plan designation for the property.
The draft matrix will be submitted to the City for review. A meeting will be held and
the results of the research will be presented by the Consultant. In response to
questions or concerns, additional research may be necessary.
Deliverables:
Draft matrix of General Plan Amendments approved from November 1990 to the
present and supporting technical documentation.
Meeting with City staff.
Task 3: Final Report
In response to feedback from the City, the Consultant will prepare a final matrix and
report containing the results of the analysis.
Deliverables:
Final matrix of General Plan Amendments approved from November 1990 to the
present and technical report.
Schedule and Availabilitv
We are prepared to commence work on the project immediately upon receiving
authorization to proceed. The following is a proposed preliminary schedule:
February 2, 2000
Page 3
Week 1
Week 2
Weeks 3 -4
Week 5
Week 6
Week 7
Week 8
Background information collection
Meeting and refinement of work program
GPA data collection and preparation of draft report
Meeting and City review of draft report
Refine draft analysis and preparation of draft final report
City review of draft final report
Preparation and delivery of final report
All of the work described in this proposal will be done by John Douglas, AICP with
the exception of clerical support.
Citv Su000rt Reauired
This proposal assumes that the City will provide access to all relevant General Plan
Amendment files and assist the Consultant in locating the files and ensuring that all
applicable projects have been identified. It is also assumed that knowledgeable City
staff will be available to answer technical questions as needed. Word processing and
report production will be handled by the Consultant.
Budget
The estimated budget for the project is provided in Attachment 3.
Conclusion
Thank you for the opportunity to present this proposal. I look forward to working
with you on this important project. If you have any questions please do not hesitate
to me at 714 - 966 -9220.
Sincerely,
THE PLANNING CENTER
John H. Douglas, AICP
Sr. Project Manager
Attachments
1. Proposed evaluation matrix
2. List of initial questions
3. Proposed budget
February 2, 2000
Page 4
This page intentionally blank
Matrix
February 2, 2000
Page S
Attachment 2
List of Initial Questions on Methodology
How should peak hour trips be calculated — am or pm peak hour?
How would changes in use (e.g., residential to commercial) be evaluated —
Ford /Loral for example
February 2, 2000
Page 6
Attachment 3
Estimated Budget
Task
Task 1— Refine Methodology
Task 2 — Data Gathering and Draft Report
Data collection
Draft report
Task 3 — Final Report
Meetings /Project Management
Steering Committee (2)
Project Management
Total Labor
Reimbursable Expenses
Mileage, reproduction, delivery, etc.
Hours Cost
8 $800
60 $6,000
8 800
4 $400
9 $900
8 800
100 $10,000
$300
Total Fee estimate $10,000
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City of Newport Beach
BUDGET AMENDMENT
1999 -00
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Budget Appropriations
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
from additional estimated revenues
PX from unreserved surplus fund balance
EXPLANATION:
NO. BA- 037
AMOUNT: $10,115.00
Increase in Budgetary Fund Balance
AND X Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
This budget amendment is requested to provide for the following:
To appropriate $11,500 from unappropiated surplus fund balance to fund the planning analysis of the "Protection
from Traffic Density Initiative ".
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
010 3605
REVENUE APPROPRIATIONS (3601)
Fund /Division Accoun
EXPENDITURE APPROPRIATIONS (3603)
Description
Fund Balance Reserve
Description
Division Number
Account Number
Division Number
Account Number
Signed:
Signed:
P
Approval: Administrative Services Director
Manager
Amount
Debit Credit
$11,500.00 "
Automatic
$11,500.00
Date
.4/0/4.0
ate
.Signed:
City Council Approval: City Clerk Date
Description
Division
Number
2710 Planning
Account
Number
8080 Services - Professional & Technical NOC
Division
Number
Account
Number
Division Number
Account Number
Division Number
Account Number
Signed:
Signed:
P
Approval: Administrative Services Director
Manager
Amount
Debit Credit
$11,500.00 "
Automatic
$11,500.00
Date
.4/0/4.0
ate
.Signed:
City Council Approval: City Clerk Date
FEB. 8.2000 3:35PM
ENTILMENT & COMM REL
NO. 17
"RECEI� D AFTER AGENDA
PRINTED:" - - 00
THE IRVINE COMPANY
Facsimile Transmission
To: John Noyes
Company: Mayor, City of Newport Beach
Fax #: (949) 644 -3020
Date: February 8, 2000
From: Carol Hoffman
Phone: (949) 720 -2303
number of pages including cover: 3 pages
SUBJECT: CITY STUDY ISSUES s
Message: Per our discussion.
Please call Pat Miller at (949) 720 -2304 if you have any problems receiving this fax.
Thank you.
FEB -08 -2000 16 08 98% P. 01
FEB. 8.2000 3:35PM ENTILMENT & COMM REL
City Study Issues
NO. 179
P.2 /3
The city study should do a thorough analysis of how the Initiative compares to the TPO
and what specific projects and traffic improvements are required by each. Here are some
questions and issues the study might look at:
1. Traffic Improvements. What specific traffic improvements are required by the
initiative? What specific traffic improvements are required by the TPO?
2. Projects Covered. What types of projects are covered by the initiative — once the
threshold of 100 trips, 100 homes or 40,000 square feet above the General Plan is
reached in each zone? What types of development projects does the TPO cover?
3. General Plan Amendments vs. Non - General Plan Amendments. Does the
initiative cover large and small development proposals that do not require General
Plan Amendents? Does the TPO?
4. Elections. How many elections would the city have held due to General Plan
Amendments over the past ten years? How much would this have cost the taxpayers
of Newport Beach?
S. Administrative Cost. How many staff persons must be hired and how many
taxpayer dollars must be spent over the next ten years to administer, oversee and
implement the initiative?
6, TPO Toughest? How does the current TPO compare to other types of traffic
mitigation ordinances in Orange County? Which past city projects have come under
the TPO? What sort of impacts did the TPO have on those developments and how
much additional traffic mitigation was required as a result?
FEB- 08-2000 1608 97% P.02
�Lb. t1.G04b y ; LIN IiLML11I & LUM11 KLL NV. 1!'y
City Council Talldng Points
• TPO Toughest. We're proud that we have passed the toughest Traffic
Mitigation Ordinance in Orange County. The TPO has resulted in millions of
dollars of additional traffic mitigation contributions in recent years.
■ TPO Covers ALL Projects — Initiative Doesn't. Unlike the initiative —
which covers only General Plan Amendments — the TPO covers EVERY
project that generates one percent or more new traffic to a major intersection
in the city.
■ TPO Raises Improvement Money — Initiative Doesn't. The TPO requires
developers to pay to mitigate ALL the impacts of their projects — this is a
solution oriented ordinance. The initiative doesn't require developers to
mitigate any traffic problems — it simply calls for an election.
■ TPO Keeps City Vital — Initiative Ensures Stagnation. The TPO permits
reasonable development to occur as long as it fully mitigates any new traffic it
generates. The initiative prevents new updates to the General Plan_ It locks in
the current plan and prevents it from being updated in the future to meet
changing needs.
FEB -08 -2000 16:08 97% P.03