HomeMy WebLinkAbout25A - AGMT - ENVIRONMENTAL SRVSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JANUARY 22, 2013
TITLE:
AGREEMENT FOR PLANNING AND
ENVIRONMENTAL SERVICES FOR THE
SANTA ANA GENERAL PLAN HOUSING
ELEMENT UPDATE
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1s1 Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and the Clerk of the Council to execute the attached agreement with
The Planning Center/DC & E for planning and environmental services in an amount not to exceed
$141,330 to prepare the General Plan Housing Element update, subject to non-substantive
changes approved by the City Manager and City Attorney.
DISCUSSION
Senate Bill 375, also known as California's Sustainable Communities Strategy and Climate
Protection Act, calls for the integration of transportation into land use planning, in conjunction with
establishing a greenhouse gas (GHG) reduction goal for the region. Towards this goal, the law
requires updating of local jurisdictions' general plan housing elements within 18 months from the
adoption of the Southern California Association of Governments (SCAG) Regional Transportation
Plan (RTP). With the adoption of the SCAG Regional Transportation Plan in October 2012, the
next Housing Element planning cycle is to be completed by October 15, 2013, and must include
an evaluation of and strategies to address Santa Ana's housing needs for the 2013-2021
planning period.
The Regional Needs Housing Allocation (RHNA) assigned to the City of Santa Ana for the 2013-
2021 planning period is 204 units, in comparison to the 3,393 unit RHNA allocation assigned to
the City of Santa Ana in the prior Housing Element adopted on October 19, 2009. This lower
RHNA allocation is in part due to State Housing and Community Development (HCD)'s
adjustments to account for abnormally high vacancy rates and depressed market conditions due
to prolonged recessionary conditions, high unemployment and unprecedented foreclosures in
California.
In conjunction with Housing Element updates, State law also requires that cities make revisions
to the Safety Element to include current flood information. Thus, minor revisions to the Safety
Element are also included in the proposed scope of services.
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Contract for Planning and Environmental Services for
General Plan Housing Element Update
January 22, 2013
Page 2
A Request for Proposals (RFP) was distributed to eight planning consulting firms in mid-
November 2012. In response to the Request for Proposals, staff received one proposal from a
qualified planning firm. The limited response received was attributed to prior commitments by
consultants on other projects. After reviewing the proposal submitted by The Planning
Center/DC & E, Planning Division and Community Development Agency staff conducted a formal
interview. The Planning Center/DC&E is a very well-qualified firm with extensive experience in
preparing Housing Elements. They have specific experience in the City of Santa Ana as the firm
that prepared the previously approved Housing Element Update, which was awarded an
Outstanding Planning Award by the Orange Section - American Planning Association. The
Planning Center will also use Arrellano Associates, who have extensive experience in Santa Ana,
as the sub-consultant for public outreach for the update process.
Based on the need to comply with State law to update of the General Plan Housing Element (SB
375) and minor revisions to the Safety Element (Government Cod Sec. 60361), as well as the
consultants' qualifications and experience in preparing General Plan and housing strategies in
urban settings, it is recommended that The Planning Center/DC & E be awarded the contract for
this project. The total contract amount for the preparation of the Housing Element and Safety
Element updates and environmental documentation will not exceed $141,330, which includes a
10 percent ($12,848) contingency.
Public Information and Public Records
The project Request for Proposals and summary of the consultant evaluation results are
available on the City's "Open Government" website page http://www.santa-ana.org/bids-rfps/, and
will be available on the website for a minimum of 30 days after City Council action on the matter.
In addition, the project proposal, communication received, and evaluation/score sheets are
available to the public upon request to the Planning Division.
Local Preference Ordinance
Per City ordinances the procurement of materials, supplies, labor, and services involving
expenditures between $5,000 and $100,000, the City will offer a 7% preference to Local
Businesses and a 4% preference to Orange County Businesses. While The Planning Center/DC
& E consulting firm office is located in Santa Ana, this policy does not apply as the contract is
over $100,000.
FISCAL IMPACT
Funds in the amount of $100,000 are available in the Planning and Building Agency account for
other contractual services (account no. 01116510-62300) and funds in the amount of $41,330
are available in the Air Quality Management AB2766 fund (account no. 03116510-62300). The
total contract amount will not exceed $141,330.
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Contract for Planning and Environmental Services for
General Plan Housing Element Update
January 22, 2013
Page 3
APPROVED AS TO FUNDS AND ACCOUNTS:
J y . Trevino
Executive Director
Planning and Building Agency
Nancy T. E ards
Interim Executive Director
Community Development Agency
MM:rb
mm: Housing2013/H E_Contract_R FCA_cc
Exhibit: 1. Agreement
?i Nax-Qt, iAr1 ?) ) , ;
Francisco Gutierrez
Executive Director
Finance & Management Services Agency f?
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this day of , 2013, by and
between THE PLANNING CENTER, DC&E, a California corporation ("Consultant"), and the
City of Santa Ana, a charter city and municipal corporation of the State of California ("City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field
of housing element updates and services.
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
I. SCOPE OF SERVICES
Consultant shall provide professional services pertaining to planning and environmental
services to prepare the General Plan Housing Element update. The scope of services (including
estimated fees and costs) is attached hereto as Exhibit A and is incorporated by this reference to
this Agreement.
2. DELIVERY OF WORK PRODUCT
Consultant shall deliver to City all work product which results from the services
provided. Said work product shall be submitted in hard copy and produced in a form compatible
with the City's computer system, as agreed between the Project Manager and Consultant. In
regard to all copyrightable material produced as a deliverable under this Agreement, including
but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes,
and computer programs, Consultant agrees, for itself and for its affected officers, employees,
agents, contractors, and volunteer workers, that (a) other such material may not be copyrighted
without prior review from the City, and (b) the authors of all such material, whether copyrighted
or not, award to the City, and to its officers, agents and employees acting within the scope of
their official duties, as a condition of payment to the Consultant, a royalty-free, nonexclusive,
irrevocable license throughout the world for governmental purposes to disclose, publish,
translate, reproduce, and use such materials.
EXHIBIT 1
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3. COMPENSATION
City agrees to pay, and Consultant agrees to accept as total payment for its services, the
cumulative rates and charges identified in Exhibit A. The total sum to be expended under this
Agreement shall not exceed $141,330 during the term of this Agreement. Payment by City shall
be made within thirty (30) days following receipt of proper invoice evidencing work performed,
subject to City accounting procedures. Payment need not be made for work which fails to meet
the standards of performance set forth in the Recitals which may reasonably be expected by City.
4. TERM
This Agreement shall commence on the date first written above and terminate upon the
completion of the Scope of Services or depletion of the maximum contract amount as stated in
Section 3 above, unless terminated earlier in accordance with provisions, below. The term of this
Agreement may be extended upon a writing executed by the City Manager and the City
Attorney.
5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer-employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Consultant shall pay all salaries
and wages, employer's social security taxes, unemployment insurance and similar taxes relating
to employees and shall be responsible for all applicable withholding taxes.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, employees, agents, volunteers
and representatives as additional insureds) and shall include, but not be limited to
protection against claims arising from bodily and personal injury, including death
resulting therefrom and damage to property, resulting from any act or occurrence
arising out of Consultant's operations in the performance of this Agreement,
including, without limitation, acts involving vehicles. The amounts of insurance shall
be not less than the following: single limit coverage applying to bodily and personal
injury, including death resulting therefrom, and property damage, in the total amount
of $1,000,000 per occurrence. Consultant shall supply City with a fully executed
additional insured endorsement in substantially the form attached hereto as Exhibit B
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upon execution of this Agreement and shall be approved in form by the City
Attorney.
b. Automobile Insurance. Business automobile liability insurance, or equivalent form,
with a combined single limit of not less than $1,000,000 per occurrence. Such
insurance shall include coverage for owned, hired and non-owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Consultant, if Consultant has any employees, is required to be
insured against liability for worker's compensation or to undertake self-insurance.
Prior to commencing the performance of the work under this Agreement, Consultant
agrees to obtain and maintain any employer's liability insurance with limits not less
than $1,000,000 per accident.
d. Professional Liability Insurance. Professional liability (errors and omissions)
insurance, with a combined single limit of not less than $1,000,000 per claim.
e. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
f. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has
been procured and is in force and paid for, the City shall have the right, at the City's
election, to forthwith terminate this Agreement. Such termination shall not affect
Consultant's right to be paid for its time and materials expended prior to notification
of termination. Consultant waives the right to receive compensation and agrees to
indemnify the City for any work performed prior to approval of insurance by the City.
7. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
for personal injury, including health, and claims for property damage, which may arise due to
negligent acts, omissions or willful misconduct, from the direct or indirect operations of the
Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their
behalf which relates to the services described in section 1 of this Agreement; and (2) from any
claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is
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due by reason of the terms of or effects arising from, and to the extent of Consultant's, negligent
acts, omissions or willful misconduct in the performance of this Agreement.
8. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees
that it shall not use or disclose such information except in the performance of this Agreement,
and further agrees to exercise the same degree of care it uses to protect its own information of
like importance, but in no event less than reasonable care. "Confidential Information" shall
include all nonpublic information. Confidential information includes not only written
information, but also information transferred orally, visually, electronically, or by other means.
Confidential information disclosed to either party by any subsidiary and/or agent of the other
party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure
shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is,
through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Consultant without
reference to information disclosed by the City.
9. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
10. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
To City: City of Santa Ana
C/o Clerk of the Council
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
With copy to: Executive Director of PBA
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 973-1461
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and City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
To Consultant:The Planning Center, DC&E
Colin Drukker
Project Manager
3 MacArthur Place, Suite 1000
Santa Ana, CA 92707
telephone (714) 966-9220
telefacsimile (714) 966-9221
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by telefacsimile, communication shall be effective or
deemed to have been given twenty-four (24) hours after the time set forth on the transmission
report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of
calculating these time frames, weekends, federal, state, County or City holidays shall be
excluded.
11. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the
terms of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The parties
agree that any terms or conditions of any proposal or other instrument that are inconsistent with,
or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the
City. Each party to this Agreement acknowledges that no representations, inducements, promises
or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of
any party, which are not embodied herein.
12. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
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shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other consultants retained by City.
13. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay
Consultant compensation for all services performed by Consultant prior to receipt of such notice
of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to
deliver to the City all work product completed as of such date, and in such case such
work product shall be the property of the City unless prohibited by law, and
Consultant consents to the City's use thereof for such purposes as the City deems
appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
14. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities. Consultant affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
15. JURISDICTION -VENUE
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason of this Agreement.
16. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ana and all other governmental agencies. Consultant shall notify the City
immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals,
waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
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17. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the
power, authority and right to bind their respective parties to each of the terms of this
Agreement, and shall indemnify City fully, including reasonable costs and attorney's
fees, for any injuries or damages to City in the event that such authority or power is
not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
Ryan O. Hodge
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
JAY M. TREVINO
Executive Director - PBA
NANCY T. EDWARDS
Interim Executive Director - CDA
CITY OF SANTA ANA
PAUL M. WALTERS
City Manager
THE PLANNING CENTER, DC&E
BRIAN JUDD
Principal
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EXHIBIT A
SCOPE OF SERVICES
(Attached)
25A-13
Scope of Work
Our scope of work is structured in accordance with the required elements in
HCD's Building Blocks website, state law, and HCD review guidelines. This
work scope has six tasks: 1) housing technical report update; 2) public
participation; 3) housing element preparation; 4) AB 126 Compliance, 5) CEOA
compliance, and 6) project management.
TASK 1. HOUSING TECHNICAL REPORT UPDATE
Task 1 involves updating portions of the technical report to reflect recent data
and legislative updates. This report contains an assessment of housing needs,
constraints analysis, land inventory, and evaluation of program
accomplishments. It supports the housing element, which includes the goals,
policies, and programs that will be implemented. The scope of work assumes
that the rezones in the 2oo8-2014 Housing Element will be completed and no
carryover RHNA will be necessary.
1.1 Housing Needs Assessment
This section describes the demographic, housing, neighborhood, and special-
need characteristics in Santa Ana. More than simply a recitation of numbers,
the assessment is an insightful analysis that allows the City to determine
housing priorities and programs for the community. The housing needs
assessment also includes economic characteristics and affordable units at risk
of conversion to market rates. Resources for data updates include the SCAG
RHNA Methodology Appendices; the 2010 U.S. Census; Department of
Finance; DataOuick; and the City's most recent CAPER, Consolidated Plan,
Consolidated Annual Action Plan, and any annual reports submitted to HCD.
City staff will update all facts and figures within Appendix A (Housing Needs).
This includes figures in tables and text, as well as necessary changes in the
accompanying narrative. The City will also draft a new compressed version of
Section 2 (Planning Context) in the Framework. We will review the City's edits
and update charts and graphs as required.
1.2 Analysis of Potential Constraints
This will be a technical update to ensure that the constraints analysis includes
the latest data on market factors and City codes, permit processing and fees.
The constraints analysis will also described efforts undertaken during the prior
housing element planning period to remove constraints. If actual
governmental constraints to the production of housing in Santa Ana are
identified, the constraints analysis will also described City efforts to remove or
mitigate these constraints.
City staff will revise the status of constraints listed Appendix B (Housing
Constraints). This includes figures in tables and text, as well as any necessary
changes in the accompanying narrative. We will review the City's updates and
revise as necessary.
EXHIBIT A
THE PLANNING CENTER I DC&E - PROPOSAL: CITY OF SANTA ANA 2014-2021 HOUSING ELEMENT UPDATE
25A-14
1.3 Land Inventory
Santa Ana received a RHNA allocation of 204 units for the 2014-2021 housing
element. We will review the existing land inventory and work with City staff to
remove any sites that have been developed, rezoned for nonresidential use, or
otherwise altered to no longer be usable in the housing element.
If the Harbor Corridor Plan rezonings take place too late in 2013 to be counted
for development potential during the 2008-2014 planning period, the City will
be subject to a carryover of up to 987 lower income units. In the event of a
carryover RHNA, we will meet the combined lower income RHNA through
development potential in the Harbor Corridor Plan and possibly a small portion
of the Metro East Overlay.
Based on housing construction and permitting information provided by the
City, we will update the maps, tables, figures, and narrative within Appendix C
(Housing Resources). We agree with City staff's position that these portions of
the Element should only change to the degree necessary. Some emphasis will
be removed from housing sites in the downtown (formerly Renaissance
Specific Plan) and on the First and Fifth Street transit corridors.
City staff will draft a compressed version of Section 3 (Housing Resources) in
the Framework. We will review the City's edits and revise as necessary.
1.4 Housing Plan
Preparation of the housing plan will require a housing program evaluation to
document the City's progress in implementing the adopted housing element
programs. Annual reports to HCD and staff input are the key resources for this
evaluation. We will synthesize the information we have into a policy and
program matrix for staff to complete. City staff shall consolidate their edits
into a single matrix to avoid duplicative or inconsistent direction or edits.
Information provided in this matrix will allow the consultant team to identify
policy and program problem areas.
Legislative updates and input from the public, stakeholders, City staff, and
appointed and elected officials will also influence revisions to the goals,
policies, and programs. The dissolution of the redevelopment agency will
affect program funding, so we anticipate that a program or programs related
to applying for and obtaining alternate financial resources will be an important
feature in the 5th cycle.
Deliverable(s):
- Policy and Program Evaluation Matrix Working Document
1.4.1 Optional Health and Wellness Focus
We will identify programs and policies related to health and wellness to
complement and integrate with the update of the circulation Element and the
new plan for Harbor Boulevard. This effort is not intended to recast the
housing element, but rather provide a meaningful way to integrate health and
air quality benefits into the housing policy framework.
25A-15
We will review and introduce the concept of health into the housing vision of
the community and the goals and policies supporting the vision. As applicable,
this will include a focus on housing security, the structural condition of
housing, and the broader neighborhood context-implemented to a few select
programs proposed by either City staff or stakeholders.
Finally, we will attend and lead one two-hour working meeting with the
leadership (up to 8 invitees total) from groups such as Latino Health Access,
Orange County HCA, and the California Endowment, separately from the
workshop meetings. Additional attendees would include City staff and
consultant representatives.
Deliverable(s):
- Health and Wellness Policies, Programs, and Meeting
TASK 2. PUBLIC PARTICIPATION
State law requires an inclusive public participation process to inform the
housing element update. We propose a three-tiered public participation
program that includes a community workshop, study sessions, and public
hearings to achieve this goal.
2.1 Community Workshops
Community and stakeholder workshops offer an opportunity for community
members to understand housing element legal requirements, weigh in on
housing issues facing the community, and provide insight into potential
programs to address local needs. We will conduct four public workshops. This
includes preparing all PowerPoint materials, leading the discussion, and
summarizing input.
The community workshops will include with a brief presentation that provides
an overview of the housing element process, the statutory requirements, and
the goals and desired outcomes for the workshop. One format option involves
forming participants into small groups to discuss the best qualities of Santa
Ana, the greatest housing and neighborhood needs, opportunities for housing
and services, and constraints that need to be overcome to address community
needs and state law. A combination of comment cards and a brief survey will
be used to collect quantifiable input.
Another format option emphasizes one or two specific policy areas for each
workshop, such as healthy communities or homelessness. With this option,
each workshop would generally follow a similar outline of a brief introduction
followed by roundtable discussions (depending on the number of participants).
We will provide three Spanish- and English-speaking facilitators for all four
workshops. The budget allows for a Vietnamese-speaking facilitator for up to
two workshops. The notices and surveys will be prepared in all three
languages.
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Santa Ana
COMMUNITY
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We recommend that the workshops be located at various locations throughout
the City and, if possible, in conjunction with other community events to
maximize the amount and variety of participants. It is important for the
workshop participants to represent a cross-section of the community in terms
of income, race, ethnicity, and household type. Rather than holding a separate
workshop for service providers, we recommend inviting service providers to all
of the workshops and they may select which ones to attend. After the first
workshop, City staff will be given a toolbox of outreach materials with which
they can conduct additional outreach with the City's neighborhood
representatives and other stakeholders.
We assume that the City will handle all arrangements to make the facilities
available for the workshop. This includes food or water, setup, parking, usage
fees, and any other facility arrangements. For budgetary purposes, we assume
that the City will handle advertising, noticing, and any auxiliary details
necessary to facilitate the workshop. The Planning CenterlDC&E will be
responsible for preparation of materials and leading the workshop on the day
of the events.
Deliverable(s):
- Preparation, attendance, and participation for four workshops
- Notices in three languages
- Survey in three languages (Survey Monkey online and hard copy)
- Workshop handouts in three languages
- PowerPoint presentation and up to six boards (up to three boards
may be instead created and used at other meetings)
- Outreach toolbox
- Summary of notes and comments received at the workshops
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2.2 Pre-HCD Study Sessions
We recommend holding at least one study session with the Planning
Commission prior to submitting the housing element to HCD. Ideally, the
Planning Commission, Community Redevelopment and Housing Commission,
and City Council will see the housing element by mid-July before it needs to be
submitted to HCD to begin a 6o-day review (see Task 3.2 for more details). If
some study sessions cannot be accomplished by mid-July, the document can
be presented at study sessions while HCD reviews it. We understand that these
study sessions are important because the commissions and council can hear
from the public about priorities or concerns while they gain understanding of
the proposed policy and program commitments.
To achieve these objectives, each study session should cover the following:
+ Housing Element 1oi: A primer on what the process is all about
+ The planning and market context of the housing element update and an
overview of the City's housing needs.
+ Housing constraints and resources, including the land inventory and other
resources, to address the RHNA.
+ Common comments from the workshops
+ Proposed policies and programs to be considered in the housing element to
address needs and preferences.
We will attend and lead up to two study sessions, which will provide the City
with the information, materials, and direction to allow City staff to lead an
additional two study sessions if necessary.
Deliverable(s):
- Preparation, attendance, and participation at up to two study
sessions
- PowerPoint presentation and up to 3 board (see Task 2.1)
- Bulleted summary of comments received at the study sessions
2.3 Post-HCD Public Hearings
Following approval by HCD, the Planning CenterlDC&E will participate in the
public hearings for adoption. Given that the City Council and Planning
Commission have already seen the housing element and have been
periodically updated by City staff as to its status, the public hearings may be
more focused and/or streamlined. The only exception is if significant program
changes are required to achieve HCD certification.
We will provide a concise presentation that communicates the essentials
necessary to adopt the housing element. We will attend the hearings to
provide clarifications on specific questions that might arise. For these hearings,
we typically recommend that City staff take a lead role in making
presentations because it is City staff who are now responsible for
implementing the goals, policies, and programs.
25A-18
Comments received from the post-HCD public hearings for adoption will be
reflected in the housing element as directed by City staff.
Deliverable(s):
- Preparation, attendance, and participation at up to two public
hearings
- PowerPoint presentation
TASK 3. HOUSING ELEMENT PREPARATION
Following completion of the preparation of technical analyses and public
workshops, The Planning CenterjDC&E will prepare the housing element for
staff review, appointed and elected official study sessions, HCD review, and
adoption. The steps involved are described below.
3.1 Preliminary Draft Housing Element
The Planning CenterjDC&E will prepare the housing element policy framework
and technical report for staff review. Comments should be consolidated to
avoid making conflicting recommendations. To facilitate a timely review, we
anticipate meeting with City staff once per draft to go over the housing policy
plan and technical report comments in depth and avoid the need for multiple
meetings. The Planning CenterjDC&E will then resubmit the draft housing
element and policy plan to City staff for approval one additional time prior to
public circulation forthe study sessions.
3.2 HCD Review
California law requires the housing element be reviewed by the California
Department of Housing and Community Development for compliance. HCD
directs its focus on housing sites, zoning, development standards, and
programs geared toward meeting the RHNA. The City is unlikely to qualify for
streamlined review, but we will provide a cover letter referring to key areas of
change.
After completion of the draft housing element and presentation to the
Planning Commission at one study session, we will submit the draft to HCD for
review and continue to present it at other study sessions. The Planning
Commission review may or may not take place after City Council and the
Community Redevelopment and Housing Commission. We understand that
the other study sessions are important, but due to timing constraints, it is
critical for HCD to begin a 6o-day review in July. If we wait until all study
sessions are complete, the housing element will have to be adopted by the City
before HCD can complete a review and that would trigger a go-day review
period.
Should the study sessions that occur after submittal result in changes, we will
submit those changes during the review process. Our budget assumes one
HCD review.
City of Sams Ma C 1 P6n
Housing Element
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25A-19
3.2.1 Optional Streamline Review
As of November 2012, the City of Santa Ana does not quality for streamlined
HCD review under draft streamlining requirements. If circumstances change
and the City does qualify, City staff can complete the streamlining worksheet
prior to HCD submittal. We will review the City's worksheets and edit if
necessary. We will only perform and bill to this task if authorized by the City.
3.3 Final Housing Element
Following a letter of compliance, The Planning CenterJDC&E will assemble the
final housing element policy framework and housing technical report for public
distribution, noticed public hearings before the Planning Commission and City
Council, and inclusion on the City's website.
Deliverable(s):
- Draft Housing Element (6 bound copies and 1 PDF)
- Draft Housing Element for public review (1o bound copies and 1 PDF)
- HCD Review Draft Housing Element (1 unbound copy and 1 PDF)
- Final Housing Element (1o bound copies and 1 CD of all final files)
TASK 4. AB 162 COMPLIANCE
Assembly Bill 162 strengthens flood protections by requiring jurisdictions to
update flood-related information in its General Plan during the mandatory
revision to the housing element. Flooding information is in the City of Santa
Ana General Plan Safety Element and was last updated in 1982. The safety
element should be updated to include a more recent narrative about flooding,
flood control improvements implemented since 1982, and policies or programs
about maintaining FEMA maps. Currently the flood hazards map is combined
with fire hazards. Those hazards should be separated into their own maps and
updated at the same time.
This scope and the associated budget assumes the safety element update will
be limited to compliance with AB 162 and by completed by City staff (including
GIS maps). We will review the City's maps and edits to the safety element. The
City will also lead presentations on updates to the safety element to the
Planning Commission and City Council at the same hearings as the HCD-
approved housing element. Environmental clearance for the safety element
update will be combined with the negative declaration for the housing
element.
Deliverable(s):
- Edits on Draft Safety Element (1 PDF)
- Edits on Final Safety Element (1 PDF)
TASK 5. ENVIRONMENTAL CLEARANCE
The Planning CenterJDC&E will coordinate closely with the City to ensure that
the Initial Study and Negative Declaration (IS/ND) are legally defensible and
accurate. The Planning CenterJDC&E will prepare an IS/ND in compliance with
state law. We will also circulate the IS/ND to the appropriate state and local
25A-20
agencies. We do not anticipate that changes will arise from the update that
will require enhanced environmental review. The IS/ND will cover the housing
element and limited safety element update described in this scope of work.
The IS/ND project manager, JoAnn Hadfield, will coordinate with the City via
conference calls. She will be present at a scoping meeting for the IS/ND.
Additional meetings or attendance by other members of the consultant team
will be billed on a time-and-materials basis. Costs for meeting attendance will
be billed in accordance with the hourly rates forthe personnel involved.
Within five days of project approval, The Planning CenterlDC&E will prepare an
NOD. The City will be responsible for filing the NOD and paying associated
fees, as well as the production of 45 CDs for distribution. We will email
electronic versions of the files and CD label.
Deliverable(s):
- Screencheck Draft IS (1 electronic copy in Word format)
- Public Review IS/ND (1 PDF)
- Final IS/ND (1 PDF)
- Notice of Determination (1 PDF)
TASK 6. PROJECT MANAGEMENT
Project coordination between staff and the consulting team and between
members of the consulting team is critical to a successful housing element
project. Accounting and overall project management coordination is also
required. Colin Drukker will serve as the project manager for the housing
element and is responsible for leading the project from beginning to
completion. This task includes the project kick-off meeting and up to 11 status
meetings with staff six at City Hall or our office and five via conference call.
Deliverable(s):
- Monthly progress reports (so)
Project Schedule
The housing element RFP recognizes the complexity of the project and the
tight time frame to complete it. The following schedule is proposed.
Project Schedule
Task Month
Project kick-off meeting January
Draft Housing Technical Report, Draft Safety Element update January-March
Public Workshops (4), City review of Draft Safety Element March
Draft Housing Element preparation, revisions to Safety Element April
City review and revise Housing Element (up to two drafts), Initial
Study Scopin meeting after 2nd Draft May-June
Submit the Housing Element toHCD Mid-July
Study Sessions (up to 2) July-August
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City review Initial Study, receive letter of compliance and intent to September
certify Housing Element
Adopt Housing Element, Safety Element update, and Initial
Study/Negative Declaration October
Submit adopted Housing Element for certification (well within 120 November
days of October 1S, 2013 as required)
25A-22
Revised 1/3/13
City of Santa Ana Housing Element
Fee Proposal: Summary
Total Base Optional Total Cost
Contingency $ 12,080 $ 768 $ 12,848
TOTAL (including contingency) $ 132,882 $ 8,448 $ 141,330
Note: the contingency represents 10 percent of the total budget.
These funds are not to be spent unless specifically authorized by the City.
25A-23
Labor Total w/o Reimbursables 930 $ 111,122 $ 7,680 $ 118,802
:i :0
Project Total $ 120,802 $ 7,680 $ 128,482
Revised 1/3/13
City of Santa Aria Housing Element
Fee Proposal: The Planning Centers DC&E
PM & Env. Sr. Ad. GIS Assoc. Asst. WP
160 200 160 150 90 70 90 Total Base Optional Total Cost
Task Descri tion Princ. Princ. Plnr Gra hics Plnr. Pins. Edit Hours Cost Tasks w/O tions
il.0 HOUSING TECHNICAL REPORT
1.1 Needs Assessment 12 0 0 0 0 25 4 41 $ 4,030 $ $ 4,030
1.2 Constraints Analysis 4 0 0 0 0 20 4 28 $ 2,400 $ $ 2,400
1.3 Land Inventory 30 0 0 10 0 0 4 44 $ 6,660 $ $ 6,660
1.4 Housing Plan 12 0 30 0 0 0 4 46 $ 7,080 $ $ 7,080
1.4.1 Health & Wellness Focus 0 0 40 0 0 0 4 44 $ - $ 6,760 $ 6,760
r •
2.1 Workshops (4) 60 0 16 8 0 46 0 130 $ 16,580 $ - $ 16,580
2.2 Study Sessions (2) 20 0 0 0 0 20 0 40 $ 4,600 $ - $ 4,600
2.3 Public Hearings (2) 8 0 8 0 0 12 0 28 $ 3,400 $ $ 3,400
r • •
3.1 Preliminary Draft Element 36 0 8 8 0 24 10 86 $ 10,820 $ $ 10,820
3.2 HCD Review (1) 30 0 10 0 0 0 0 40 $ 6,400 $ $ 6,400
3.2.1 Streamline Review 4 0 0 0 0 4 0 8 $ - $ 920 $ 920
3.3 Final Housing Element 18 0 0 4 0 10 6 38 $ 4,720 $ - $ 4,720
4.0 AB 162 COMPLIANCE
4 AB 162 Compliance 4 0 0 0 0 0 0 4 $ 640 $ $ 640
r -•
5.1 Initial Study/ND 0 10 2 2 40 0 4 58 $ 6,620 $ $ 6,620
5.2 Revisions & Processing 0 2 0 0 10 0 1 13 $ 1,400 $ $ 1,400
5.3 Reproduction & Mailing 0 0 0 0 0 0 8 8 $ 720 $ $ 720
5.4 Mtgs/Public Hearings 2 12 0 0 0 0 0 14 $ 2,720 $ $ 2,720
,6.0 PROJECT MANAGEMENT
6.1 Project Admin 60 0 0 0 0 0 0 60 $ 9,600 $ $ 9,600
6.2 Monthly Meetings' 22 0 10 0 0 0 0 32 $ 5,120 $ $ 5,120
6.3 Kick-Off Meeting 8 0 0 0 0 8 0 16 $ 1,840 $ $ 1,840
Labor Total w/o Reimbursables 330 24 124 32 50 169 49 778 $ 95.350 $ 7.680 $ 103.030
6 B&W Housing Element copies for staff review $ 165 $
10 B&W Housing Element copies total for public review $ 275 $
Electronic drafts (no cost, transmitted by email or FTP) $ - $
1 B&W HCD Draft Housing Element $ 25 $
10 B&W Final Housing Element copies $ 275 $
IS/ND Reproduction (45 CDs & labels) - City burns CD, TPC emails label $ - $
IS/ND Certified mailing +CDFG filing fees $ 1,625 $ 1,625
Boards, Maps, & Misc $ 3,300 $ 3,300
Total Reimbursable Expenses $ 5,665 $ - $ 4,925
Note: Monthly meetings: 6 in person at City Hall or the consultant's office and 5 via phone Total Cost $ 101,015 $ 7,680 $ 107,955
25A-24
Revised 1/3/13
City of Santa Ana Housing Element
Fee Proposal: Arellano Associates (includes Vietnamese Translator)
Prj. Trans. Prj. Assoc. Assoc. Support
198 143.2 123.2 107.36 95.04 35.2 Total
Task Description Dir. Fac. M r. Fac. Fac. Edit Hours Total Cost'
*0 PUBLIC OUTREACH 2
2.2 Workshops 2 4 28 28 28 44 134 $ 12,798
,6.0 PROJECT MANAGEMENT
6.1 Project Admin 6 0 6 0 4 0 16 $ 2,538
6.3 Kick-Off Meeting 2 0 0 0 0 0 2 $ 436
Labor Total w/o Reimbursables
REIMBURSABLE EXPENSES $ 15,772
Copies/Printing $ 275
Interpretation and Translation3 $ 2,750
Meeting Supplies $ 440
Mileage $ 550
Total Reimbursable Expenses $ 4,015
Total Cost $ 19,787
1: Includes a 10% markup fee
2: Includes three Spanish-speaking facilitators at all four workshops and one Vietnamese-speaking facilitator at two workshops.
3: Document translation from English to Vietnamese is charged at 24 cents per word
25A-25
EXHIBIT B
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its
officers, employees, agents, volunteers and representatives are named as additional insureds
("additional insureds") with regard to liability and defense of suits arising from the operations
and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by or on
behalf of the named insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3. This insurance applies separately to each insured against whom claim is made or
suit is brought except with respect to the company's limits of liability. The inclusion of any
person or organization as an insured shall not affect any right which such person or organization
would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be cancelled, or
materially reduced in coverage or limits except after thirty (30) days written notice has been
given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this endorsement
effective.)
Effective
Policy #
Issued to
Named Insured
Countersigned by
Authorized Representative
9
this endorsement form as a part of
25A-26