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Home My WebLink AboutS20 - LCP Consulting-Planning-Advocacy ServicesCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. S20 November 13, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: James Campbell, Senior Planner Planning Department (949) 644 -3210 icampbellecity.newport- beach.ca.us SUBJECT: Professional Services Agreement for consulting, planning and advocacy services for the Local Coastal Program (LCP). RECOMMENDATIONS 1. Authorize the City Manager to execute a Professional Services Agreement with D.B. Neish, Inc. for consulting and advocacy services related to certification of the City's Local Coastal Program. 2. Approve a budget amendment increasing the expenditure appropriation of 2710- 8294 by $138,000 from the General Fund unappropriated fund balance. DISCUSSION The City is pursuing approval of an amendment to the Coastal Land Use Plan (CLUP) of the Local Coastal Program with the California Coastal Commission (CCC) for the land use changes authorized by the 2006 General Plan Update. Additionally, the City is considering possible amendments of existing CLUP policies related to coastal bluff and/or coastal canyon development. Lastly, Staff is preparing the Implementation Plan for the CLUP that swill eventually be forwarded to the CCC for review and approval after the City approves it. Staff proposes that the City retain a professional consultant/advocate with experience in working with members of the California Coastal Commission to assist in obtaining approval of the City's proposed CLUP amendments. The consukant/advocate will also provide assistance in developing the overall amendment processing strategy including how best to proceed with the upcoming CLUP Implementation Plan. The consultant/advocate will also assist staff in preparation and processing of the necessary applications. A scope of work is attached that outlines the activities the consultant/advocate will perform. The term of the proposed agreement is 12 months as it is anticipated that tasks presently anticipated will take that long. Staff interviewed four consultants and three subsequently submitted proposals (McCabe & Company, D.B. Neish, Inc., and Schmitz & Associates). Based upon the firm's experience, LCP Consultant November 13, 2007 Page 2 reputation and contacts with Coastal Commissioners and their staff, Staff believes that D.B. Neish, Inc. is qualified and is the firm that can fulfill the City's requirements. The nature of this project is such that it is not possible to project monthly costs because the number of hours of consultant/advocate services required to attain certification of the City's Local Coastal Program will fluctuate. D.B. Neish will provide the services that the City requires within the scope of work attached for a set monthly fee of $10,000. This fee does not include reimbursable expenditures. There will be some months when the number of hours of consultant/advocate services required will be minimal and others when, for example, document submittals by the City and consequent Coastal Commission staff review will require significant consultant/advocate work effort. Accordingly, the maximum expenditure, not including reimbursable expenditures, would be $120,000 (12 months x $10,000 per month). Estimating reimbursable expenditures is not possible due to the nature of the services to be performed. The consultant may need to travel extensively to meet with Coastal Commissioners or other officials as authorized by the City. The Agreement requires pre - authorization of any single expenditure over $250 or for total monthly expenditures that would exceed $1,500. For budgeting purposes, staff multiplied the 12 month term of the agreement by the $1500 monthly pre - authorization limit to arrive at a total of $18,000 potential expenditure. Environmental Review: The City Council's approval of this Agenda Item does not require environmental review as it is not defined as a project and the authorization of this PSA will not result in a physical change to the environment. Public Notice: This agenda item has been noticed according to the Brown Act (72 hours in advance of the public meeting at which the City Council considers the item). Funding Availability: The fiscal '07 -'08 budget includes $75,000 for Local Coastal Program certification. A budget amendment is necessary to increase the fund balance in 2710 -8294 by $63,000. Alternatives: The City can choose not to hire a consultant or the City Council can direct staff to consider other qualified consultants. Prepared by: O ames ampbell, Senn r Planner Scope of Services and Fee Schedule Submitted by: David Lepo, ,#I,ng Director LCP Consultant November 13, 2007 Page 3 Budget amendment form Attachment A Scope of Services Provide consulting services to the City regarding the City's Local Coastal Program (LCP) certification project including assessing the best course of action with the pending City application (NPM - MAJ -1 -07) before the California Coastal Commission (CCC). This assessment must take into account anticipated future applications including planned amendments to the Coastal Land Use Plan (CLUP) and the anticipated CLUP Implementation Plan. Review existing certified CLUP, General Plan, relevant zoning documents and assess the adequacy of the City's pending application (NPM - MAJ- 1 -07). Participate as a member of the City LCP project team in the development of effective strategies to gain approval of the City's LCP certification project. Participation in weekly project coordination meetings and /or conference calls with City staff and/or elected /appointed officials and site visits in and around the City as directed by the City. Coordinate and assist City staff in the preparation of all necessary documents, exhibits or analysis in support of the City LCP certification effort. Assist in the preparation of any supplemental materials requested by the CCC or their Staff. Under direction and supervision of the City, act as a liaison between the California Coastal Commission and their staff and the City in developing LCP policies, regulations, conditions or terms deemed acceptable to the City. Under direction and supervision of the City, assist in scheduling and participate in meetings between the City LCP project team members and/or elected /appointed officials with CCC Staff and/or individual Coastal Commissioners throughout the LCP certification process. General advocacy on behalf of the City's LCP certification effort with CCC Staff and Coastal Commissioners. As deemed necessary by D.B. Neish, Inc. and the City, coordinate efforts to seek external political support (if deemed appropriate) for the expeditious review and processing of NPJ- MAJ -1 -07 and related City LCP certification efforts. Prepare a presentation for and represent the City at the hearing scheduled by the CCC on NPJ - MAJ -1 -07. 4 Fee Schedule The City shall pay D.B. Neish, Inc. $10,000 per month with a negotiated reduced fee during months where there is limited work for services performed in accordance with the Scope of Work. City shall reimburse Consultant only for those costs or expenses specifically deemed necessary to carry out the scope of work approved in this Agreement, or specifically approved in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved travel and associated expenses, reproduction charges, telephone and postage costs. Travel and associated expenses include but are not limited to airfare, hotel, rental car costs, mileage and parking. C. Actual costs and/or other costs and/or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. For single reimbursable expenses in excess of $250 and/or total monthly reimbursable expenses in excess of $1500, Consultant shall obtain written authorization from City prior to incurring the costs. Total reimbursable expenses shall not exceed eighteen - thousand dollars ($18,000). City of Newport Beach NO. BA- 08BA -025 BUDGET AMENDMENT 2007 -08 AMOUNT: $38,000.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance 8X Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues HX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations for the Professional Services Agreement for consulting, planning, and advocacy services for the Local Coastal Program. ACCOUNTING ENTRY: BUDGETARYFUND BALANCE Fund Account Description 010 3605 General Fund - Fund Balance REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Signed: Financial Approval: Administrative Services Signed: Administrative Approval: City Manager Amount Debit Credit $138,000.00 " $138,000.00 p Date Date Signed: City Council Approval: City Clerk Date Description Division Number 2710 Planning- Administration Account Number 8294 LCP Certification Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed: Financial Approval: Administrative Services Signed: Administrative Approval: City Manager Amount Debit Credit $138,000.00 " $138,000.00 p Date Date Signed: City Council Approval: City Clerk Date City of Newport Beach NO. BA- 08BA -025 "RECEIVED AFTER AGENDA PRINTED:" f5do —13'07 BUDG ET AMENDMENT 2007 -08 AMOUNT: $ss,000.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues qX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations for the Professional Services Agreement for consulting, planning, and advocacy services for the Local Coastal Program. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Accoun t 010 3605 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Signed: Description General Fund - Fund Balance Description Description 2710 Planning - Administration 8294 LCP Certification Amount Debit Credit $63,000.00 " $63,000.00 Approval: Administrative Se ices Director Date G 07 ative Approval: ity N49nager Date City Council Approval: City Clerk Date