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HomeMy WebLinkAbout2005 CON EDAW - Westside Specific Plan AmendmentAMENDMENT TO AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND EDAW, INC. This Amendment to Agreement is entered into this 28th day of February, 2006 by and between the City of National City, a municipal corporation ("THE CITY"), and EDAW, Inc. (the "CONTRACTOR"). RECITALS A. The CITY and the CONTRACTOR entered into an agreement on August 3, 2004 ("the Agreement") wherein the CONTRACTOR agreed to provide planning services for the preparation of a specific plan for the Westside area of National City. B. The parties desire to amend the Agreement to expand the Scope of Work to be performed pursuant to the Agreement, as set forth in the letter dated January 30, 2006 to Associate Planner Andrew Hoskinson from Bobbette Biddulph, Senior Associate Project Director for EDAW, Inc. The additional Scope of Work would require an expansion of contract fee by $33,529, resulting in a total contract value of $210,204. NOW, THEREFORE, the parties hereto agree that the Agreement entered into on August 3, 2004 shall be amended by expanding the Scope of Work to be performed pursuant to the Agreement, as set forth in the attached Exhibit "A" which is incorporated herein by reference. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated August 3, 2004 shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONA CITY CONTRACTOR 4(0, a By: Nick Inzu By: Bobbette Biddulph, AICP Senior Associate EDAW, Inc. MichaI A. Downs, Ph. D Vice -President EDAW, Inc. -1- APPROVED AS TO FORM: ' :* George H. Eiser, III City Attorney Jam H. Cleland, PhD. Vice resident EDAW, Inc. -2- EXHIBIT A EDAW EDAW INC 1420 KETTNER BLVD SUITE 620 SAN DIEGO CALIFORNIA 92101 TEL 619 233 1454 FAX 619 233 0952 www.edew.com UNITED STATES EUROPE AUSTRALIA ASIA January 30, 2006 Mr. Andrew Hoskinson Associate Planner City of National City Planning Department 1243 National City Boulevard National City, CA 91950 Dear Andrew, As we discussed at our meeting November 17, 2005, the City of National City is requesting several additional services in support of the Westside Specific Plan. This letter provides EDAW's proposal for these additional services. The proposed costs for these additional services are further detailed in the enclosed spreadsheet. Expansion of Specific Plan Boundaries The City has directed that the boundaries of the Westside Specific Plan be extended from Civic Center Drive north to Plaza Boulevard, incorporating the area between Civic Center Drive and the boundaries of the Downtown Plan. In addition, the Specific Plan area boundaries will be adjusted in the area between 16th Street and Civic Center Drive, to the west of National City Boulevard. Although EDAW's original contract did not include the area north of Civic Center Drive, there have been discussions regarding the potential addition of this neighborhood to the Specific Plan study area. This expansion results in adding approximately 14 blocks to the Westside Specific Plan study area boundaries. As EDAW has been aware of the potential addition of this neighborhood to the Specific Plan boundaries, we have considered this area in many of our data collection and outreach efforts. However, we have not addressed this neighborhood in the same level of detail that we have for the original Specific Plan area. For this reason, it will be necessary for EDAW to conduct additional baseline data collection and verification for this area (e.g., land use mapping). To be efficient in this effort, EDAW and the City have agreed to the following assumptions: • No additional effort or cost is associated with the adjustment of the Specific Plan boundaries between 16th Street and Civic Center Drive, to the west of National City Boulevard. • The previously submitted memoranda and reports (e.g., Existing Conditions Report) will not be revised to address the change in the Specific Plan boundaries. Past products will remain as -is. • Previous mappings (e.g., alternative land use districts) will not be revised. Regarding land use districts, the next step in the process will be for EDAW to DESIGN, PLANNING AND ENVIRONMENTS WORLDWIDE EDAW Mr. Andrew Hoskinson January 30, 2006 Page 2 recommend a preferred land use plan, which will incorporate the area north of Civic Center Drive. • A new educational village or campus is not anticipated to be pursued north of Civic Center Drive. • No additional public meetings will be held to address the boundary change. Because the property owners and occupants in the area north of Civic Center Drive have participated in the process to -date, it is assumed that issues, principles, and preferences have been adequately addressed through the previous public meeting efforts. Although another public meeting is planned (see below), this additional effort is not as a result of the change in Specific Plan boundaries. With these assumptions, the additional effort required to add the 14 blocks north of Civic Center Drive to the Specific Plan would cost $4,180. The boundary adjustment between 16th Street and Civic Center Drive will not result in added cost. August 31 Public Meeting Support Our current scope of work provided for three public meetings, two of which have been completed. The level of effort required for the meetings has far exceeded what was anticipated by our original contract as a result of the degree of community interest in this project (exemplified by the number of participants). While we agree that some of this effort should be borne under our existing contract, we would like to seek reimbursement for the effort required for the August 31, 2005 meeting. This meeting was originally budgeted at an EDAW labor cost of $3,600. When completed, EDAW's labor cost to complete this public meeting was $5,500, a difference of $1,900. Additional Public Meeting The City has requested one more public meeting, which would occur prior to the final public meeting. This additional public meeting would follow a format similar to the first public meeting. Specifically, the following are the guiding parameters for this meeting: • The public meeting will focus on key issues, such as outcomes of the second workshop, Paradise Creek, density of the Public Works Yard property, affordable housing, and amortization. • No "break-out" sessions will occur for the public meeting. The format will be presentation style, with a significant portion of the meeting devoted to an open microphone for community members wishing to speak. DESIGN, PLANNING AND ENVIRONMENTS WORLDWIDE EDAW Mr. Andrew Hoskinson January 30, 2006 Page 3 • No new designs will be developed for Paradise Creek. It is assumed that the Specific Plan will respect and incorporate the work completed by the community for the planned restoration and passive open space use along Paradise Creek. The Specific Plan will identify a development buffer area along the creek that is consistent with the Paradise Creek Educational Park, ensuring that development will not encroach too close to Paradise Creek. • Several new principles will be identified for presentation at the public meeting. These principles will address amortization, density of new development, development setbacks, and allowed land uses (i.e., passive only) along Paradise Creek. • The goal will be to provide equal treatment to English- and Spanish-speaking participants. To this end, all presentations and materials will be provided in both languages. Because a workshop format is not planned, a single translator is assumed to be adequate. Translation services are comprehensively described in the following task and are not included in the cost for this task. • EDAW will provide an additional 50 headsets to be used for the meeting translations. These headsets will supplement the City's existing supply of 25 headsets. It is assumed that the City will provide the necessary information to ensure compatibility of the headsets. • The remaining public meetings will be held at the Martin Luther King Community Room. The total cost of providing for an additional public meeting is $7,599, which includes $1,300 for headset rental. Translation Services Due to volume of community input and the level of effort necessary to translate public meeting materials, the budget set aside for the translation services of Marina Lopez is close to expended. Our current contract provides for $3,800 of translation support from Mariana Lopez, of which $2,714 has been required to support services through the second public meeting. Assuming a similar level of support will be necessary for the two upcoming public meetings, we recommend that the budget for these services be increased by $2,200. Meetings The effort required to attend meetings requested by key members of the community has exceeded the effort originally anticipated through our contract. In addition, the City DESIGN. PLANNING AND ENVIRONMENTS WORLDWIDE EDAW Mr. Andrew Hoskinson January 30, 2006 Page 4 may be interested in having EDAW sponsor smaller working group sessions with key groups in the community. EDAW has accepted the effort to -date for these endeavors. However, as we move forward, the City and EDAW agree that setting a specific meeting budget will ensure that these efforts are accounted for. This contract amendment provides for the attendance of the EDAW Project Director at up to six meetings, three of which we have assumed some level of additional EDAW staff support. These meetings could include meeting with the neighborhood councils, community interest groups such as the Environmental Health Coalition, and staff meetings. No translation services or presentation materials are anticipated to be necessary at these meetings. The cost of the additional meeting and coordination support is $5,850. If the number of meetings envisioned by this task is not necessary, funding for this task could be reallocated (with prior approval from the City) or left unexpended. Amortization Regulations EDAW's original contact did not include consideration for the development of amortization guidelines or implementing regulations. Our current scope includes the development of a land use plan, which would specify allowed and disallowed uses. With adoption of the Specific Plan, many of the uses that are currently allowed would become nonconforming uses (e.g., automobile repair and body shops). However, in the development of our previous scope of work, EDAW assumed that nonconforming uses would be managed through the City's existing provisions addressing nonconforming uses specified in the Land Use Code (Chapter 18.108). This chapter of the Land Use Code specifies that it is the intent of the City to permit nonconforming uses to continue until they are terminated, but not to encourage their enlargement, expansion, or extension. At the City's direction, EDAW will develop specific regulations for amortization for the Westside Specific Plan area, with an amendment to our contract. The amortization regulations will be adopted as part of the Westside Specific Plan. The scope of work for the development of amortization regulations includes the following assumptions: • The Specific Plan is expected to be adopted by the City by ordinance. Amortization regulations specific to the Westside neighborhood will be incorporated into the Specific Plan and, for specifically identified uses, will supersede Chapter 18.108 of the City's Land Use Code for the Westside neighborhood. • The amortization regulations will be specifically developed for nonconforming industrial uses that were allowed by the current MLR zoning but are not DESIGN, PLANNING AND ENVIRONMENTS WORLDWIDE EDAW Mr. Andrew Hoskinson January 30, 2006 Page 5 expected to be allowed uses with adoption of the Westside Specific Plan. The amortization regulations will not apply to areas outside of the Westside neighborhood. • Because of the potential legal implications surrounding the development of amortization regulations, EDAW recommends that the City engage legal counsel to support the team throughout the process. EDAW will not be responsible for legal review, analysis, or defense of the amortization regulations. EDAW assumes that City legal counsel will be available to review the draft amortization regulations. EDAW could incorporate the additional services of a land use attorney for this purpose, if so directed by the City. • Nonconforming uses subject to the amortization regulations in the Westside neighborhood will be mapped. The general characteristics of these uses (e.g., business type) will be described. However, financial and economic information for each identified nonconforming use (e.g., valuation) will not be provided. • EDAW assumes that senior staff of the Community Development Commission and Planning Department will be available to provide input regarding the parameters of the amortization regulations. EDAW anticipates at least two collaborative staff meetings as part of the amortization regulations development process. • It is EDAW's understanding that the City is not expected to devote funding to the purchase of properties or businesses in the Westside area to facilitate amortization. For this reason, the regulations will need to ensure that the termination of existing nonconforming land uses by allowing owners a reasonable period to recoup investing in the existing land uses. • One of two approaches will be used for the amortization regulations: 1. Fixed Period Approach. EDAW could rely upon available legally defensible depreciation periods as a basis for calculating the unrecoverable costs and identifying amortization periods by ordinance. This method would use standard depreciation periods provided by the Internal Revenue Service or another legally accepted approach to providing for the recovery of investment in the existing land uses. 2. Case -by -Case Method. EDAW could provide the regulatory mechanism to determine the appropriate basis for unrecoverable costs on a case -by -case basis. Using this approach, amortization periods would not be established for individual land uses or properties through the ordinance. Rather, the case -by -case approach would provide the City with the flexibility to choose a method suited to the individual property or business circumstances. The case -by -case method generally DESIGN, PLANNING AND ENVIRONMENTS WORLDWIDE EDAW Mr. Andrew Hoskinson January 30, 2006 Page 6 provides shorter amortization periods than fixed periods set by the type of use or structure. Under this approach, EDAW's scope of work would not provide for the case -by -case analysis of amortization periods; rather, it would delineate the process by which information would be gathered and amortization periods would be determined for the properties to be amortized. A neighborhood -wide process and approach would be established. Under this approach, EDAW would not identify specific amortization periods. The City will provide direction to EDAW on the preferred amortization approach in response to an EDAW-developed memorandum outlining the possible approaches. • The amortization regulations will not address relocation of nonconforming uses. The Specific Plan could provide a general policy statement regarding the development of a relocation plan. Should this policy be included in the Specific Plan, it would be developed in consultation with the City in consideration of potential relocation efforts or studies conducted outside of our contract. • This scope of work does not include economic analysis of existing land uses or businesses. • This contract amendment does not affect ERA's current scope of work. The scope of work described herein will be completed by EDAW. ERA will continue to be available to expend 20 hours of input into the development of the Implementation Program through the identification of possible financing mechanisms that could be explored to encourage implementation of the Specific Plan. Because this effort is necessary for the full development of a Specific Plan, it has been preserved. The cost of developing amortization regulations, as outlined above, would be $11,800. Additional Contract Assumptions Several refinements to our existing scope of work were discussed at our November 17, 2005 meeting. Although these additional refinements do not result in budget implications, we felt it was appropriate to summarize these assumptions for a common understanding as we move forward through the process. • EDAW will not attend meetings at the invitation of community members without prior authorization by the City. While attendance at select meetings will be desirable as outlined in the above task, the City and EDAW will be aware of the budget implications of these additional meetings. EDAW will DESIGN. PLANNING AND ENVIRONMENTS WORLDWIDE �J D AW Mr. Andrew Hoskinson January 30, 2006 Page 7 account for these additional meetings and notify the City if we are expending more than anticipated by this contract amendment. • A transportation planner and/or engineer will not be added to the team. The City recognizes that transportation planning and engineering are outside the scope of this analysis. Any desirable transportation -related tasks will be identified as future recommended studies. • The design and development guidelines developed for the Specific Plan will address both public and private improvements, at an approximate equal level of consideration. • EDAW will not prepare additional studies for Paradise Creek. The Paradise Creek Educational Park plans will be summarized and incorporated by reference into the Westside Specific Plan. As such, the remaining budget set aside for Estudio Teddy Cruz will be reallocated to EDAW for the completion of the Specific Plan and the above -referenced design guidelines. • The refined land use plan will be simplified, likely having fewer districts than the land use district alternatives identified at the August 31 public meeting, emphasizing the existing residential uses within the neighborhood. The total estimated cost of the services outlined in this proposal is $33,529, as detailed in the attached spreadsheet. We look forward to discussing this proposal with you in more detail. Please call me at your convenience. Sincerely, Bobbette Biddulph Senior Associate Project Director enclosures: Cost estimate spreadsheet DESIGN, PLANNING AND ENVIRONMENTS WORLDWIDE Westside Specific Plan Contract Amendment Submitted by: EDAW, Inc. January 30, 2006 EDAW Rate Project Director (Biddulph) Senior Planner (Bridges) Wanner (Barr) Analyst GIS Specie$st Clarica0Admnistra0ve Graphic Artist Wad Processor TOTAL EDAW LABOR $110.00 $110.00 $80.00 $75.00 $75.00 $65.00 $75.00 • $65.00 Task 01 Expansion of Specific Plan Boundaries Hours Costs 8 $880.00 30 $2,400.00 8 $600.00 4 $300.00 Task 02 August 31 Public Meeting Support 2 $220.00 3 $240.00 14 $1,050.00 3 $225.00 Task 03 Additional Public Meeting Hours Costs 25 $2,750.00 18 $1,440.00 2 $150.00 9 $675.00 4 $260.00 3 $225.00 2 $130.00 Task 04 Translation Services Hours Costs Task 05 Meetings Hours Costs 36 $3,960.00 12 $960.00 6 $450.00 50 $4,180.00 $1,735.00 63 $5,630.00 4 $260.00 58 65,630.00 Task 06 Amortization Regulations Hours Costs 20 $2,200.00 72 $7,920,00 16 $1,200.00 4 $260.00 112 $11,580.0 Total Hours Costs 91 $10,010.00 72 $7,920.00 63 $5,040.00 38 $2,850.00 17 $1,275.00 4 $260.00 10 $750.00 10 $650.00 205 $28,755.00 SubCmsulants Rates Task 01 Task 03 Task 04 Task IS Task 06 Total Mariana Lopez 52.000.W SUB -CONSULTANT COST $2,000.00 $2,00O.00 EDAW MARKUP ON SUB -CONSULTANTS 10 % $200.O0 $200.00 TOTAL SUB -CONSULTANT COST $2 200 00 $220000 Project Expenses WuaaFax/Pagers Repogrephk3IPhob Copies Travel Equipment Rental Chemises) PROJECT EXPENSES COST EDAW MARKUP ON EXPENSES TOTAL PROJECT EXPENSES COST 10% Cost $150.00 $150.00 $15.00 $165.00 Cost $30.00 5380.00 $80.00 51,300.00 $1,790.00 $179.00 $1,969.00 Cost Cost $20000 $200.03 $20.00 $220.00 Cost $50.00 $50.00 5100.00 1203.00 $20.00 $220.00 Cost $80.00 $580.00 $380.00 $1,303.07 $2,340.00 $234.00 $2,574.00 (TOTAL EDAW LABOR & OTHER DIRECT COSTS AS$UMP17ONS: See attached scope of work. $4,180.00 $1,900.00 $7,599.00 $2,200.00 $5,850.00 $11,800.w $33,529.00f EDAW CA cost proposal 013006 RESOLUTION NO. 2006 — 37 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO AGREEMENT BETWEEN THE CITY AND EDAW, INC. TO EXPAND THE SCOPE OF WORK IN CONNECTION WITH THE PREPARATION OF A SPECIFIC PLAN FOR THE CITY'S WESTSIDE AREA WHEREAS, the City and EDAW, Inc. entered into an agreement on August 3, 2004 ("the Agreement") wherein EDAW, Inc. agreed to provide planning services for the preparation of a specific plan for the Westside area of National City; and WHEREAS, the City and EDAW, Inc. desire to amend the Scope of Work to be performed pursuant to the Agreement, as set forth in the letter dated January 30, 2006 to Associate Planner Andrew Hoskinson from Bobbette Biddulph, Senior Associate Project Director for EDAW, Inc. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Amendment to the August 3, 2004 Agreement between the City and EDAW, Inc. to expand the Scope of Work to be performed pursuant to the Agreement in connection with the preparation of a specific plan for the City's Westside area. Said Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 28th day of February, 2006. ATTEST: Michel R. Dalia `ity Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Nick nzun a, Mayor Passed and adopted by the Council of the City of National City, California, on February 28, 2006, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of Nation _ I 1 City, California City Clerk of the City of ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2006-37 of the City of National City, California, passed and adopted by the Council of said City on February 28, 2006. City Clerk of the City of National City, California By: Deputy AGENDA OF A SPECIAL MEETING NATIONAL CITY COUNCIL CITY COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD TUESDAY — FEBRUARY 28, 2006 — 6:00 P.M. OPEN TO THE PUBLIC PUBLIC ORAL COMMUNICATIONS (Three -Minute Time Limit) NEW BUSINESS 1. AMENDMENT OF AGREEMENT WITH EDAW, INC. TO EXPAND THE SCOPE OF WORK FOR THE WEST SIDE SPECIFIC PLAN. 2. STATUS REPORT: RECONCILIATION PROCESS OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FOR FISCAL YEARS 2001 TO 2005. Note: Pursuant to State Law, items requiring Council action must be brought back on a subsequent Council agenda unless they are of a demonstrated emergency or urgent nature. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during City Council meetings. Audio headphones are available in the lobby at the beginning of the meeting. Audio interpretacion en espanol se proporciona durante sesiiones del Consejo Municipal. Los audiofonos esten disponibles en el pasillo al principio de la junta. ADJOURNMENT Next Regular City Council Meeting — Tuesday, March 7, 2006 — 6:00 p.m. Council Chambers, Civic Center. TAPE RECORDINGS OF EACH CITY COUNCIL MEETING ARE AVAILABLE; FOR SALE AND TO LISTEN TO COPIES OF THE CITY COUNCIL MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-citv.ca.us City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 (619) 336-4226 June 12, 2006 Bobbette Biddulph EDAW Inc. 1420 Kettner Blvd Suite 620 San Diego, CA 92101 Project: National City — Westside Specific Plan Amendment, Resolution No. 2006-37. Dear Ms. Biddulph: On February 28, 2006, the City Council of the City of National City passed and adopted Resolution No. 2006 - 37, amending an agreement between the City and EDAW, Inc We are pleased to enclose one fully executed original contract and one certified copy of the Resolution for your records. Michael R. Dalla City Clerk MRD Enclosure cc: Planning File C2006-38 Recycled Paper