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HomeMy WebLinkAbout15 - General Plan Update Fiscal & Economic StudiesCITY OF NEWPORT BEACH �gW�Rr COMMUNITY AND ECONOMIC o� m Hearing Date: March 12, 2002 DEVELOPMENT . , PLANNING DEPARTMENT Agenda Item No.: S15 3300 NEWPORT BOULEVARD Staff Person: George A. Berger, AICP NEWPORT BEACH, CA 92658 (949) 644 -3207 (949) 644 -3200; FAX (949) 644 -3229 REPORT TO THE MAYOR AND CITY COUNCIL SUBJECT: General Plan Update Fiscal & Economic Studies: Authorization to proceed and Approval of Professional Services Agreement. SUMMARY: The General Plan Update Committee and staff recommend approval of a contract with Applied Development Economics (ADE) for professional services associated with fiscal and economic studies necessary to support the General Plan update and economic strategic planning process. Staff also recommends Council approval of professional services fees in order that the project may proceed. SUGGESTED ACTION: Approve Agreement for Professional Services with ADE for economic and fiscal analysis, studies and plan support services in the amount of $115,240; and approve a reproducibles budget not to exceed $500; for a grand total recommended budget of $115,740. Discussion The proposal for fiscal and economic studies in support of the City's update of its General Plan stems from City Council, General Plan Update Committee (GPUC) and Economic Development Committee recognition that the planning process cannot accurately predict potential future scenarios without a true sense of their financial costs and benefits. Following requests for qualifications and proposals circulated regionally during the summer of 2001, and after an extensive review of the scope of services to determine the most suitable course of action fitting the City's unique economic position in the region, the EDC and General Plan Update Committee (GPUC) have recommended the firm of Applied Development Economics (ADE) to provide a final negotiated proposal for submittal to the City Council. In brief, the consulting firm selected was asked to provide a scope of services that: analyzes the City's present economic and fiscal situation; predicts opportunities in a number of specific areas and for certain economic scenarios; participates directly in the General Plan update process; and assists the City with subsequent economic strategies. In more detail, the GPUC requested that the consultants provide the following initial products in Phase 1: 1. Fiscal Impact Model and Analysis: The model, including written methodology and description, must be interactive, capable of determining the projected impacts on a citywide basis of land use alternatives developed by the General Plan update consultant, and should have utility for use in the City's fiscal analysis of future individual development projects; 2. Economic Profile: An economic profile of the City, and assessment of the local economy including visitor- serving uses and activities, regional and local- serving retail development, and office- and manufacturing -based businesses; 3. Citywide Market Feasibility: An analysis of city-wide market feasibility within the following categories: for retail, industrial, visitor - serving (including but not limited to hotel development), and office development; 4. Sub -area Market Feasibility: An analysis of market feasibility of office, commercial and industrial sub -areas including: the Airport Area, Balboa Island, Balboa Peninsula, Corona del Mar, Mariner's Mile, Newport Shores, Newport Coast, Old Newport Boulevard and West Newport industrial area; 5. Revenue Generation Analysis: An assessment of the City's future revenue growth potential, which should analyze and suggest opportunities to increase revenue potential, and give particular consideration to revenue enhancement without major land development; sustainability of economic performance, and opportunities for increasing business -to- business sales and resulting tax revenues; 6. General Plan Update Participation: Participation of the consultant is required in the General Plan update process. Consultant should be available to present the results of the above analysis, as well as the methodology of the Fiscal Impact Model, in order to provide insight to the participants in the City's Community Visioning exercises as well as the General Plan update consultant and advisory committee. A second phase of the process should be the development of a comprehensive economic strategy, to be used as part of the general plan update process and in the future. This strategy should, at a minimum, consider: the City's position in the regional economy; the identification of business development targets to strengthen both the quality of jobs available in the City and its revenue base; and input from the community during visioning process. ADE has provided a Scope of Services that meets this requested scope within the context of a comprehensive planning discussion. Staff believes that the firm's experience in support of similar General Plan updates makes them well qualified to undertake the project Newport Beach has requested. The total cost for the proposed scope of services is slated to be $105,940, with estimated reimbursable expenses of $9,300, for a grand total project cost of $115,240. Staff also recommends a reproducibles budget be set aside not to exceed $500 to address the standard cost of copying and other services through City's reproduction company for each of the required submittals, as noted in the Professional Services Agreement, Section 17(B). Therefore, the total amount recommended for the project is $115,740. There is an optional work item outlined in the "Project Budget" section of the Scope of Services, a household retail survey. Staff does not at this time think this item will be needed, but it could be included if needed at a later date. The General Plan Update Committee reviewed this scope of services at its meeting of March 6, and recommended that City Council approve it. Submitted by: Prepared by: SHARON Z. WOOD GEORGE A. BERGER, AICP Assistant City Manager Senior Planner .XXi1,G,r• � �itcu _ l �. a� Attachments: Attachment I — Professional Services Agreement and Exhibits Exhibit A: Scope of Services, Project Schedule, Schedule of Fees, List of Key Personnel and Billing Rates ATTACHMENT PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, entered into this day of March, 2002, by and between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to as "City "), and APPLIED DEVELOPMENT ECONOMICS (ADE) whose address is 2029 University Avenue, Berkeley, CA 94704, (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, Doug Svensson. 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 _th day of March, 2002, and shall terminate on the _th day of 2002, 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 along with a List of Key Personnel and incorporated herein by reference. i 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section and the Schedule of Fees and Billing Rates, attached hereto as Exhibit "A," incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultant's compensation for all work performed in accordance with this Agreement, including compensation for approved subconsultants, shall not exceed the total not -to- exceed contract price of one hundred fifteen thousand, two hundred and forty dollars ($115,240), excluding optional tasks. Optional tasks are identified in the Project Budget section of the Scope of Work, attached to this Agreement. 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 that 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. Normal reimbursable expenses may include: travel and auto rental expenses; lodging and meals; long distance telephone charges; copy and printing charges; postage and delivery charges; and data purchases, and are outlined in the Scope of Services and Schedule of Fees. 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. Qualified and experienced personnel who are neither employed by City nor have any contractual relationship with City shall perform all services. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. - 4.2 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control or without Consultant's fault. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the details in means of performing the work provided that Consultant is 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, any other agencies that may have jurisdiction or interest in the work to be performed, and any other consultants assigned to projects related to the update of the City's General Plan. 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 Doug Svensson as 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 f 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 Consultant shall perform the services 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 that are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 8.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that 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, electronic mail, 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 and City are responsible for keeping the respective Project Administrators and /or their 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. 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. 7 D. Professional errors and omissions insurance that covers the services to be performed in connection with this Agreement in the minimum amount of One Million dollars ($1,000,000). Said policy or policies shall be endorsed to state that either party shall not cancel coverage except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that, in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation that 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 City authorizes the release of information. 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. Copying and other services through City's outside reproduction company or in- house print facility for each of the required submittals. Consultant will be required to coordinate the required submittals with City's project manager for determination whether to utilize a reproduction company or in -house printing. All other reproduction will be the responsibility of Consultant and as defined above. 18. ADMINISTRATION This Agreement will be administered by the Planning Department. George Berger 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 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 (949) 644 -3229 fax All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Applied Development Economics (ADE) Attention: Mr. Doug Svensson 2029 University Avenue Berkeley, CA 94704 (510) 548 -5912 (510) 548 -6123 fax 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 party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the 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. 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: in CITY OF NEWPORT BEACH A Municipal Corporation A Homer L. Bludau City Manager for the City of Newport Beach CONSULTANT M LaVonne Harkless Doug Svensson City Clerk Applied Development Economics Attachments: Exhibit A: Scope of Services, Project Schedule, Schedule of Fees, List of Key Personnel and Billing Rates APPLIED DEVELOPMENT ECONOMICS NEWPORT BEACH ECONOMIC ANALYSIS SCOPE OF WORK INTRODUCTION EXHIBIT A The economic development strategic plan process will provide informative input to the general plan update and will also create an action plan for ongoing development of the city's economy. One of the most important purposes of the economic analysis for the general plan will be to identify realistic market opportunities for economic development. The economic analysis will provide options for future business development for public discussion and possible inclusion in the proposed land use element. The analysis will help identify whether the current land use plan for the City provides for the right kinds of economic development in the right places and whether the inventory of zoned land for various kinds of commercial, office and visitor - serving development should be changed to better reflect the likely market opportunities in the years to come. The economic analysis will also evaluate the fiscal impact of various potential land use decisions and help the general plan process to determine the best mix of residential and commercial uses in order to generate sufficient public revenues to support city services in the future. It is vital for the city's economy to perform well on a variety of levels: it should provide an economic base with suitable job opportunities for the range of skills and experience of the local workforce; it should provide the goods and services needed by city residents, local businesses and visitors; it should provide business opportunities for local entrepreneurs; and, it should generate sufficient tax revenues to sustain the services and public amenities needed and desired by the residents of the community. In order to provide these benefits, the economic base must be well diversified and well connected to the regional and global economy. The proposed scope of work for the economic development strategic plan addresses each of these areas of interest. It will include a fiscal impact analysis and model, a market analysis of economic base business sectors, market studies of retail and visitor- serving business opportunities, and an action plan with strategies and initiatives to promote long -term economic progress for the community. The fiscal analysis will provide an assessment of how both residential and non - residential land uses generate public revenues and affect the cost of city services. VWith the use of the interactive fiscal model, the city can determine the best overall general plan land use mix in terms of meeting city needs for services. The city can also evaluate specific development projects regarding their potential fiscal impacts. APPLIED DEVELOPMENT ECONOMICS The economic opportunities analysis will evaluate the local and regional economic base and explore opportunities hies to improve the kinds of jobs available in the city and also the level of public revenue generated by non - retail businesses in the city. The economic base is comprised of businesses whose primary markets are outside of Newport Beach. These businesses create local wealth by selling goods and services in regional and global markets. While this is a critical economic function, it is important the economic base be compatible with the character of the community as well as meeting the business and employment needs of local entrepreneurs and workers. In Newport Beach, office - based businesses constitute most of the economic base, but there may be opportunities for light industry that would also be suitable and beneficial to the community. The analysis will determine the market opportunities for a wide range of business types and also seek to identify those business types that can measurably increase the sales tax revenues through business -to- business transactions. Visitor - serving businesses are also part of the economic base, because they attract spending from outside visitors and support jobs for local workers. These kinds of businesses, primarily lodging, attractions and a variety of retail businesses, are typically high public revenue generators through the sales tax and the transient occupancy tax on hotel revenues. The strategic plan will include an analysis of how these business opportunities can be enhanced. The retail sector is primarily local serving, although there is certainly the opportunity to capture regional sales with substantial sales tax benefit. The economic strategic plan will include a market analysis of each major commercial district in the city to determine how local businesses can better capture local and regional consumer spending. Finally the strategic plan will include an action plan to guide business leaders and city staff in developing long -term opportunities for economic advancement in the community. This will include land use planning initiatives in the proposed general plan land use element and supporting circulation and public services policies. It will include strategies for encouraging the kinds of business growth that maximize city revenues and are compatible with the community vision, and it will include actions to promote coordination and collaboration with the many regional economic development organizations and resources in the county and in the Southern California region. The specific tasks for each component of the economic analysis are outlined below. 1. FISCAL IMPACT MODEL AND REVENUE ANALYSIS 1.1 Construct fiscal impact model based on existing city budget data, available land use data, and interviews with City staff. 1.2 Prepare analysis of existing relationships between land uses and city budget costs and revenues. Provide memo describing the data and assumptions used in the model and the results of the analysis to city staff and general plan consultant. APPLIED DEVELOPMENT ECONOMICS tv 1.3 Prepare analysis of up to three general plan land use scenarios in coordination with the general plan consultant. Prepare memo of results. 1.4 Prepare user manual and provide staff training for further use of the fiscal impact model. 2. ECONOMIC OPPORTUNITY ANALYSIS 2.1 Prepare analysis of regional economic trends, including a forecast of Orange County economic indicators and identification of regional business clusters currently or potentially represented in Newport Beach, to provide context for identification of business attraction, development and retention opportunities. 2.2 Prepare a market analysis of industrial and office -based business types with potential for development or expansion in Newport Beach, based on requisite locational factors and the ability and interest of the community to support specific business types. The methodology for this task will include not only analysis of quantitative economic data but also interviews and possibly surveys of existing businesses and business leaders in the city and the county to gain first hand insight into the market conditions experienced by local businesses. 2.3 Prepare an analysis of business types that typically generate high business -to- business or distribution -based taxable sales and identify those specific business types that could find suitable locations in Newport Beach. Identify opportunities for the City to transition its business mix within its existing or planned built space to generate a higher yield sales tax base. 2.4 Prepare a projection of potential non - retail employment growth and building space demand in the city reflecting the recommended business development targets and the city's market strength identified in the analysis. 2.5 Prepare a report describing the analysis, conclusions and recommendations for this task. 2. RETAIL COMMERCIAL MARKET AND VISITOR-SERVING ANALYSIS 3.1 ADE will review existing regional retail market analyses and consult with the City to determine the primary focus of the commercial market analysis. Of particular interest for the General Plan and Local Coastal Plan Update are the existing and planned commercial areas within the coastal zone. The scope of work and budget for this APPLIED DEVELOPMENT ECONOMICS task contemplates the coastal zone as the primary focus of the retail commercial analysis, supplemented by a brief overview of citywide sales characteristics. 3.2 As an initial optional step, the City and ADE may agree that a survey of households in specific neighborhoods or districts in the City may need to be completed in order to analyze retail sales leakage for existing or planned commercial centers. A survey would be indicated if the available data on taxable sales for certain commercial districts is not adequate to determine the balance of supply and demand and whether the land inventory is well matched with future needs for commercial development. Upon final determination of the market areas within the city to be included in the analysis, the steps for the retail land demand analysis will include the following: 3.3 In the primary market areas under analyses, conduct interviews with selected retail businesses in the community to determine perceived market share and customer shopping preferences. 3.4 Prepare an inventory and analysis of retail commercial shopping opportunities both within Newport Beach and in surrounding communities that affect the demand for future commercial development in selected areas of Newport Beach, particularly the coastal zone areas. 3.5 Prepare an analysis of retail sales leakage from the household population within the market area. 3.6 Estimate the extent to which retail spending by workers employed in Newport Beach are captured in the selected market areas. 3.7 Estimate spending captured in the market area from visitors to the City, including both residents of surrounding communities and tourists to the City. Estimate the economic impact of visitor serving businesses and events in the City from available data collected by the City and other data sources. 3.8 Prepare an analysis of existing and projected future retail and visitor serving business development and expansion opportunities in the market area. For retail businesses, recommendations for business development will be based on the sales leakage /capture analysis of the commercial district. The analysis will also address the potential for additional kinds of visitor- serving businesses including lodging and entertainment facilities based on regional market indicators for these types of businesses. APPLIED DEVELOPMENT ECONOMICS 3.9 Estimate the land and building space demand reflected in new business opportunities in the coastal zone commercial areas and any other commercial market areas in the city included in the analysis. The analysis will determine the appropriate inventory of land to support existing and future commercial market opportunities. In cases where the existing land supply exceeds projected future needs, ADE will recommend which sites could best support the commercial needs of the community and which sites would be best rezoned to other uses. 3.10 Prepare a report describing the retail/visitor- serving business development recommendations and projected growth in these business sectors. 4. ECONOMIC DEVELOPMENT STRATEGY AND ECONOMIC DEVELOPMENT COMMITTEE PROCESS 4.1 Based on the market studies and discussions with the General Plan Advisory Committee and the City s Economic Development Committee (EDC), prepare recommendations for citywide and area- specific economic development goals and business development targets. 4.2 Upon approval by the advisory committees of a set of economic goals and targets, prepare a draft strategic plan outlining recommended implementation strategies to achieve the expressed goals. The strategies should address areas of highest concern and capability of the city and may include land use planning and regulation, business expansion and retention, economic development marketing activities, workforce development and local and regional organizational coordination, among others. 4.3 Upon concurrence by the EDC on the draft strategic plan, prepare an action plan for inclusion in the strategic plan to provide concrete guidance to city staff and business leaders on activities designed to implement the strategic plan. The action plan will recommend and provide benchmarks for indicators to measure success of the strategies and a time frame for implementation of the recommended programs and activities. 4.4 Prepare final Economic Development Strategic Plan based on city staff and committee comments. 5. GENERAL PLAN ADVISORY COMMITTEE, PLANNING COMMISSION AND CITY COUNCIL 5.1 Present fiscal impact model and general plan scenarios analysis to the General Plan Advisory Committee. APPLIED DEVELOPMENT ECONOMICS 5.2 Present the findings and recommendations of the economic opportunities analysis and the retail/visitor- serving market analyses to the General Plan Advisory Committee. 5.3 Present recommendations for economic goals and targets as a basis for developing the Economic Strategic Plan to the General Plan Advisory Committee. 5.4 Review the general plan economic analysis with the Planning Commission at two (2) meetings at appropriate stages in the process as determined by the City. 5.5 Attend two (2) City Council meetings to present the economic studies for the General Plan. PROJECT BUDGET The above scope of work shall be completed for a not -to- exceed price of $115,240, excluding optional tasks. The optional tasks identified in the scope of work include household surveys of commercial market areas within the City such as the coastal zone commercial districts and others that may be identified in consultation with the City. The staffing levels of effort, individual billing rates and total dollar costs for each task are outlined in the table on the following page. The optional household surveys are listed at the bottom of the table and would cost $6,650 per market area. Additional work items not included in the scope of work, or attendance at or presentations to additional advisory committee meetings, would be billed at the rates shown in the table plus expenses with the prior approval of the city. While the scope of work does include time devoted to meetings with city staff, the general plan consultants, and business and community leaders as needed to complete the technical studies for the general plan update, additional meetings and presentations before official bodies of the City including the GP Advisory Committee, the EDC, the Planning Commission and the City Council would be billed at the rate of $1,000 per meeting, including all labor and expenses. ADE would request a monthly billing process for time and materials consumed each month against the total contract amount. APPLIED DEVELOPMENT ECONOMICS PROJECT SCHEDULE The entire study process is anticipated to take approximately and year and a half, including development of a draft economic strategic plan. The actual meting schedules for the advisory committees and the strategic plan development process will be dependent on the overall General Plan update process. In addition, the completion of some of the technical tasks, such as the fiscal analysis of general plan growth alternatives, may be dependent on the schedule of the General Plan consultant and the public involvement process for the General Plan update. Aside from these considerations, the GPAC presentations are scheduled to coincide with the completion of the fiscal analysis, the economic opportunities /retail analysis, and the development of draft strategic goals, respectively. The Economic Development Committee would be presented with the draft goals and a draft strategic plan. AIDE SCHEDULE -2002 Tasks April May June July August Sept. Oct. Nov. Dec. Fiscal Model Development Economic Opportunities Iff- Retail Commercial Market Analysis X Economic Goals and Objectives EDC Meetings X GP Advisory Committee Meetings X X AIDE SCHEDULE -2003 Tasks Jan. Feb. Mar. Apr. May June July Aug. Sept. 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GCL G§G�j IL \°tk§ a'cl t -E�_tj ■ ' GR %t .� c ] - _- co CL 0, =0 LIST OF KEY PERSONNEL NAME POSITION HOURLY RATE Doug Svensson, AICP Managing Principal $125 Tapan Monroe, Ph.D. Chief Economist/ $175 Senior Vice President Stephen Wahlstrom Managing Principal $125 Peter Cheng Senior Associate $90 Tony Daysog Associate $70 Jamie Hurley Associate $70 Administrative Personnel $45 1U