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HomeMy WebLinkAboutAGMT - CONEXUS (Consultants - Housing Element Update) PROFESSIONAL SERVICES AGREEMENT between pE SEAL 1 �, �t�: * S4 , t 6 ite T Y, GP�- City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 CONEXUS 13142 Rosalind Drive Santa Ana, CA 92705 (714) 628 -0464 Contact: John Douglas, AICP This Professional Service Agreement ( "the Agreement ") is made as of December 8, 2008 (the "Effective Date "), by and between CONEXUS ( "Consultant "), a planning consulting firm, and the City of Seal Beach ( "City "), a California charter city, (collectively, "the Parties "). • • RECITALS A. City desires certain professional services. B. Consultant represents that it is qualified and able to provide City with such services. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Consultant must provide those services ( "Services ") set forth in Exhibit A ( "Proposal to Prepare the 2008 Housing Element Update "), which is hereby incorporated by this reference. To the extent that there is any conflict between The Proposal and this Agreement, this Agreement must control. 1.2. Consultant must perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to Authority. 1.3. In performing this Agreement, Consultant must comply with all applicable provisions of federal, state, and local law. 1.4. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize payment for such work up to a cumulative maximum of $10,000. Payment for additional work in excess of $10,000 requires prior City Council authorization. 2.0 Term This term of this Agreement shall commence as of the Effective Date and shall continue until terminated as provided by this Agreement. 3.0 Consultant's Compensation City will pay Consultant in accordance with the fee schedule set forth on page 20 of the `Proposal to Prepare the 2008 Housing Element Update' dated October 30, 2008, for Services but in no event will the City pay more than $ 45,930. Any additional work authorized by the City pursuant to Section 1.4 will be compensated in accordance with the rate schedule set forth on page 20 of the `Proposal to Prepare the 2008 Housing Element Update' dated October 30, 2008. 4.0 Method of Payment 4.1. Consultant must submit to City monthly invoices for all services rendered pursuant to his Agreement. Such invoices must be submitted within 15 days of the end of the 1 of 7 57296- 0001 \1103444v I.doc month during which the services were rendered and must describe in detail the services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant. 4.2. Upon 24 hours notice from City, Consultant must allow City or City's agents or representatives to inspect at Consultant's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City's rights under this Section 4.2 shall survive for two years following the termination of this Agreement. 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Consultant based on reasonable cause, upon giving the other party written notice thereof not less than thirty 30 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Mr. John H. Douglas is the Consultant's primary representative for purposes of this Agreement. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211 8th Street Seal Beach, California 90740 Attn: City Manager To Consultant: CONEXUS 13142 Rosalind Drive Santa Ana, CA 92705 Attn: John H. Douglas 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 2 of 7 S7296- 0001 \110344491.doc 8.0 Independent contractor 8.1. Consultant is an independent contractor and not an employee of the City. All services provided pursuant to this Agreement shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the services. Any additional personnel performing services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 8.2. Consultant shall indemnify and hold harmless City and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of city officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant's person el practices. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 5. 9.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the . City. Consultant is fully responsible to City for the performance of any and all subcontractors. 10.0 Assignment Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 11.0 Insurance 11.1. Consultant must not commence work under this Agreement until it has provided evidence satisfactory to the City that Consultant has secured all insurance required under this Section. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 11.2. Consultant shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed 3 of 7 57296- 0001 \1103444v1.doc • with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); and (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto). Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; and (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 11.3. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, (3) coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self - insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered - as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible. 11.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. 11.5. Any deductibles or self- insured retentions shall be declared to and approved by the City. Consultant guarantees that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 12.0 Indemnification, Hold Harmless, and Duty to Defend Consultant shall indemnify, and hold the City, its officials, officers, employees, volunteers and agents serving as independent contractors in the role of city officials (collectively "Indemnities ") free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including 4 of 7 57296- 0001 \1103444v1.doc wrongful death, in any manner arising out of or incident to the negligent or wrongful acts or omissions of Consultant, its employees, or its agents in connection with the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. With respect to any and all such aforesaid suits, actions, or other legal proceedings of every kind that may be brought or instituted against Indemnitees, Consultant shall defend Indemnitees, at Consultant's own cost, expense, and risk, and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees. Consultant shall reimburse City and its directors, officials, officers, employees, agents and /or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents or volunteers. All duties of Consultant under this Section shall survive termination of this Agreement. 13.0 Equal Opportunity Consultant affirmatively represents that it is an equal opportunity employer. Consultant must not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non - discrimination includes, but is not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 14.0 Labor Certification By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self - insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 15.0 Entire Agreement This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties. 16.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 17.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. • 5 of 7 57296- 0001 \1103444v1.doc • • 18.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 19.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 20.0 Prohibited Interests Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City has the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 21.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorney's fees and other costs incurred in connection with such action. 22.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 23.0 Corporate Authority The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by their execution, the Parties are formally bound to the provision of this Agreement. 6 of 7 S7296- 0001 \1103444v1.doc • • IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH CONSULTANT B �°, By: -Akita David Carman , City Manager Name: I o . Do ! : s, AICP Attest: / Its: Principal • BY: al' ..: . • Linda Devine, City Clerk B Approved as to Form: Name: By: cm /ll6 Its: Quinn Barrow, City Attorney 7 of 7 S7296- 0001U10344491.doc • • Exhibit A Proposal To Prepare The 2008 Housing Element Update S7296- 0001 \1103444v1.doc • • CITY OF SEAL BEACH Proposal to Prepare the 2008 Housing Element Update Submitted to: City of Seal Beach 211 8th Street Seal Beach, CA 90740 Submitted by: CONEXUS Contact: John Douglas, AICP 13142 Rosalind Drive North Tustin, CA 92705 Phone: 714.628.0464 October 30, 2008 • • City of Seal Beach 2008 Housing Element Proposal CONEXUS October 30, 2008 • • City of Seal Beach 2008 Housing Element Proposal Table of Contents A. Project Understanding and Approach 1 B. Consultant Team Description and Qualifications 2 C. Scope of Work 6 D. Schedule 19 E. Fee Schedule and Cost Estimate 20 Appendices 1 . Resumes 21 2. Summary of Recent Housing Element Legislation 25 3. Common Housing Element Questions and Answers 27 CoNExus -i- October 30, 2008 0 City of Seal Beach 2008 Housing Element Proposal This page intentionally left blank CONEXUS -ii- October 30, 2008 • • City of Seal Beach 2008 Housing Element Proposal A. Project Seal Beach is an established beach community that is Understanding and essentially built-out. In recent years the development Approach of the Hellman Ranch property occurred on the last significant remaining vacant parcel of buildable land in • the city. Based on our conversation with City staff, we understand that a comprehensive update of the Zoning Code and preparation of a new Local Coastal Program are currently underway. We will integrate these planning efforts with the Housing Element update to the extent feasible. Typically, Housing Element updates identify aspects of the Zoning Code that require modification in response to recent changes in state law. Depending on the timing of the Zoning Code revisions, it may be possible to incorporate needed revisions into the Zoning Code prior to or concurrent with adoption of the Housing Element, thereby streamlining the implementation program. The lack of vacant residential land is reflected in the Regional Housing Needs Assessment (RHNA), prepared by the Southern California Association of Governments (SCAG). The RHNA identifies new housing needs for each jurisdiction in the region, and Seal Beach has been assigned a growth need of 57 new housing units for the period 2006 - 2014, including 21 units in the lower-income categories. How jurisdictions accommodate their "fair share" housing needs is one of the most important components of the Housing Element update, and is often the key to obtaining certification from the state Department of Housing and Community Development (HCD). How the City will accommodate its RHNA allocation will be one of the most important aspects of the update process. We understand that the current Housing Element has not been certified by state HCD. This issue will need to be considered in both the evaluation of the previous element, and in the preparation of policies and programs for the new Housing Element. Our proposed scope of work assumes that the update will be comprehensive in scope, but with special focus on those revisions needed in response to recent changes in state Housing Element law, and on any changes in local conditions and policies since the 2001 Element was adopted. The updated Housing Element will examine the City's zoning and inventory of sites for new housing, and determine whether this inventory can accommodate the RHNA need, particularly in the very-low- and low- CONExuS -1- October 30, 2008 • • City of Seal Beach 2008 Housing Element Proposal income categories. In its memo on AB 2348' state HCD established a "default density" for Seal Beach of at least 20 dwelling units per acre to facilitate the production of lower-cost housing. This issue will be analyzed as part of the update, along with other strategies such as mixed use and second units. Under new state law2, if the Housing Element does not demonstrate adequate sites to accommodate the RHNA for lower-income households, a jurisdiction must adopt a program to provide sufficient sites and allow multi-family development on such sites "by right", which is interpreted by HCD to mean no public hearings and no discretionary review triggering CEQA analysis. A brief summary of other recent changes to Housing Element law is provided in Appendix 2. In addition to the new (2006-2014) RHNA allocations, other recent amendments to Housing Element law3 may require a "carryover" of a portion of the previous RHNA when the previous element was not certified. This issue will be evaluated as part of the update. B. Consultant Team CONEXUS is an urban and environmental planning Description and consulting firm formed in 2004. Founding principal John Qualifications H. Douglas, AICP brings nearly 35 years of diverse planning experience to the firm, which has afforded him a broad understanding of land use planning and analysis, environmental planning and CEQA documentation, housing policy and implementation, demographic and market analysis, development feasibility analysis, entitlement processing, public participation and conflict resolution. We maintain offices in Orange County and San Diego. There are two principles that define CoNExus and our approach to all our planning projects. First, we are a small firm with only seasoned professionals. There are no junior planners-in-training here. Each of the consultants who will work on this project has 25 to 35 years of experience in both public and private sectors. Because we each have worked as senior staff on "both sides of the counter", we understand the needs of our clients and don't spin our wheels. We have excellent communication skills and we do quality work the first time, without the need for extensive revisions. As a ' Memo dated June 9, 2005 from Cathy Creswell, Deputy Director, California Department of Housing and Community Development regarding AB 2348 of 2004 2 AB 2348 of 2004 ]Govt. Code Sec. 65583.2[h]) 3 AB 1233 of 2005 (Govt. Code Sec. 65584.09 CoNExus -2- October 30, 2008 • • City of Seal Beach 2008 Housing Element Proposal result, we are better able to control budgets and meet our clients' expectations. Second, we approach each Housing Element update as a team effort - while we have special expertise in preparing Housing Elements, the City's staff, officials and community stakeholders have a detailed understanding of local conditions, information sources, and priorities that are essential to a successful project. In the kickoff meeting we will exchange information about the City's important issues and how the Housing Element update can best meet the City's objectives while also satisfying the requirements of state law. Obtaining state certification of the Housing Element can be a daunting task, and CONEXUS is especially well- qualified to help cities in this regard for two reasons. Mr. Douglas has worked with management and senior staff at state HCD as both a local government planner and consultant over the past 25 years to resolve Housing Element issues and help cities and counties obtain certification. His long experience and good relationships with HCD enable him to identify solutions to issues raised by HCD during the review process. During the 2008 Housing Element cycle he assisted over 25 jurisdictions in Southern and Central California with their updates. Secondly, Mr. Douglas is a certified mediator with a background in helping to find solutions to difficult land use and public policy issues. He holds a Certificate in Conflict Management and Alternative Dispute Resolution from the University of California, Irvine and is a lecturer in the Graduate Program in Urban and Regional Planning at UCI where he teaches seminars in housing elements and collaborative planning. Local control of land use matters is of paramount importance to local elected officials, and the state's role in certifying housing elements can be very difficult for decision-makers to accept. Mr. Douglas' knowledge of housing issues and background in consensus building strategies can help overcome these obstacles and achieve successful solutions. CONEXUS -3- October 30, 2008 City of Seal Beach 2008 Housing Element Proposal Personnel The following consultant team members will carry out this assignment. Resumes are provided in Appendix 1. John Douglas, AICP Mr. Douglas will serve Principal in Charge and Project Principal in Charge/ Manager for the Housing Element update, will prepare Project Manager or review all Housing Element and CEQA documents, and will be responsible for cost, schedule and quality control. John will be the day-to-day contact with City staff and attend public workshops, public hearings, and meetings. John's extensive experience with Housing Elements and conflict resolution methods makes him well-qualified to lead the consultant team for the Housing Element update. During the current Housing Element cycle, Mr. Douglas is supervising the preparation of over 20 Housing Element updates in seven counties. Most of these elements are currently in the final revision stage in response to HCD comments. Greg Konar, AICP Mr. Konar has over 23 years professional planning Senior Associate experience in both the public and private sectors. His diverse range of experience encompasses many highly complex projects including master plans, specific plans, zoning ordinances, general plan amendments, and entitlement processing. Greg's experience with major local government and private sector planning projects has enabled him to develop a balanced, highly effective, solution-oriented approach toward and use planning, policy development and implementation. Prior to joining Conexus, Greg was Senior Project Manager with Project Design Consultants in San Diego. At PDC Mr. Konar was project manager for the SeaWarld San Diego Master Plan update, the Rancho San Juan Specific Plan - a 4,000 unit new urbanist- sustainable community in Monterey County - and the Rancho Lilac Specific Plan in San Diego County among many other planning projects. His public sector projects at PDC included amendments to the City of San Clemente General Plan, land use and zoning feasibility studies for the City of National City, and an adjunct staff assignment with the County of San Diego as a Senior Land Use and Environmental Planner. Mr. Konar will assist in data collection, analysis, and preparation of portions of the Housing Element update. CoNEXUS -4- October 30, 2008 • • City of Seal Beach 2008 Housing Element Proposal References Our team members have an extraordinary depth of experience preparing Housing Elements in a wide variety of communities including coastal jurisdictions (Malibu, Hermosa Beach, Ventura, San Clemente, Laguna Niguel, County of Orange) and other communities with high housing costs (Rolling Hills Estates, Mission Viejo, Lake Forest, Rancho Santa Margarita, Culver City, Camarillo). We encourage City staff to contact these current Housing Element clients for references. City of Mission Viejo Chuck Wilson, Community Development Director 949-470-3024 cwilson @cityofmissionviejo.org City of San Clemente Leslie Davis, Senior Planner 949-361-6188 davisl @san-clemente.org City of Lake Forest Cheryl Kuta, AICP, Planning Manager 949-461-3479 ckuta @ci.lake-forest.ca.us City of Rolling Hills Estates Niki Cutler, Principal Planner 310-377-1577x115 NikiC @ci.rolling-hills-estates.ca.us City of Big Bear Lake Jim Miller, Director of Planning and Building 909-866-5831 jmiller @CITYBIGBEARLAKE.com City of Santa Paula Janna Minsk, AICP, Planning Director 805-933-4244 jminsk @ci.santa-paula.ca.us City of Yucaipa John McMains, Planning Director 909-797-2489 jmcmains @yucaipa.org CONExus -5- October 30, 2008 • • City of Seal Beach 2008 Housing Element Proposal C. Scope of Work The following section outlines the specific tasks we anticipate for this project. Other optional tasks are also listed following the core tasks. Task 1 Following authorization to proceed, the first step will Project Initiation be to meet with City staff to review the work program, make any necessary adjustments, and refine the schedule to meet the City's objectives. A review of the previous Housing Element and new requirements will help to identify key issues to be addressed. The public outreach program will also be refined at this stage. Data requirements and the respective expectations and responsibilities of City staff and the consultant team will be clarified. It is assumed that staff will provide us with an MS Word document file of the current Housing Element and related documents upon commencement of the project. Products • 1 kick-off meeting with City staff • Refined work program and schedule Task 2 Task 2 encompasses the research, data compilation, Research and Analysis and analysis necessary to update the required sections of the Housing Element, which include the Progress Evaluation; Needs Assessment; Resources and Opportunities; Constraints; and Goals, Policies, and Quantified Objectives. A consistency evaluation will also be conducted to identify any areas where new Housing Element policies may require amendments to other elements of the General Plan. The findings from this analysis will be incorporated into the Draft Housing Element, and will play a key role in framing policy issues and developing the 2008-2014 Action Plan. Specific topics to be addressed are described below. 2.1 Evaluation of the This task involves the review and evaluation of the Previous Housing previous Housing Element, including appropriateness Element of goals and policies, the effectiveness of programs, and the City's progress in meeting quantified objectives. The focus of this effort is to identify refinements to previous policies and programs that respond to new state housing laws, changed circumstances, or new opportunities in order to make the Housing Element more effective in achieving the City's objectives. Since much of the information needed for this CONEXUS -6- October 30, 2008 • • City of Seal Beach 2008 Housing Element Proposal evaluation is contained in City files, the budget assumes that City staff will assist CONEXUS by gathering and compiling the following information for the previous planning period. We will provide templates to assist staff in this effort. o New units produced by type and income category o Units rehabilitated or conserved o Current status of housing program actions Products • Screencheck analysis of the appropriateness of goals and policies, effectiveness of programs, and progress in meeting objectives 2.2 Needs Assessment A fundamental component of the Housing Element is an identification of the community's needs. The source of much of this information is the 2000 Decennial Census. Other demographic reference sources such as state Department of Finance (DOF) population and housing trends, state Employment Development Department job statistics and forecasts, and real estate market data will also be utilized in the analysis. The Regional Housing Needs Assessment prepared by SCAG will provide growth needs for the new planning period. The needs assessment will include all of the items required by California Government Code Section 65583(a) and Department of Housing and Community Development guidelines, including the following specific items: + Analysis of population and employment trends and existing and projected housing needs for all income levels. • Analysis of household characteristics including level of payment compared to ability to pay, and housing characteristics, including overcrowding, affordability levels and housing stock conditions. • Analysis of special housing needs, including large families, elderly, female-headed households, persons with disabilities, farmworkers and the homeless. This analysis will also address how the City complies with the requirements of recent legislation regarding emergency shelters, transitional CONEXUS -7- October 30, 2008 • City of Seal Beach 2008 Housing Element Proposal and supportive housing (SB 2 of 2007). • Analysis of "at-risk" assisted housing developments Of any). The budget assumes that City staff will assist CONEXUS by providing the following information: • Units At Risk-an inventory of assisted housing projects in the City and their eligibility to convert to market rate. If if is determined that there are units at risk, the required analysis will be conducted as an optional task. • Housing conditions data - Housing Element law requires an estimate of the number of housing units in need of rehabilitation or replacement. Based on our observations and the high property values in Seal Beach, we believe it is unlikely that there are many units with serious structural problems. Accordingly, it is possible that this analysis could be based on the observations and professional judgment of Code Enforcement, Planning and Building Department staff rather than a comprehensive field survey. This issue will be discussed with City staff during the project initiation task. If it is determined that a new field survey is necessary, an amendment to the budget may be required. 2.3 Resources and The analysis of resources and opportunities will focus Opportunities on the following topics. • Land inventory/site analysis and an evaluation of the relationship of zoning and public facilities to serve these sites. • Financial and administrative resources, including federal, state and local housing assistance programs • Analysis of opportunities for energy conservation. The analysis will include the City's Redevelopment Agency programs and objectives related to the Low/Moderate set-aside fund. The analysis of available housing sites is a critical component of the Housing Element. Cities must demonstrate that adequate sites with appropriate zoning are available to accommodate the RHNA allocation, plus any RHNA "carryover" from the previous period. The inventory of sites may include vacant or "underutilized" parcels with potential for CONEXUS -8- October 30, 2008 • City of Seal Beach 2008 Housing Element Proposal additional housing development or redevelopment. The City's RHNA allocation for the new planning period is 57 units, 21 of which are assigned to the lower-income categories. Under new state law (AB 1233 of 2005), any unmet portion of the RHNA allocation from the previous period must be carried forward and added to the RHNA for the new planning period. Since it is our understanding that the City's previous Housing Element was not certified by HCD, it is possible that some RHNA carryover may be required. Also in response to new state law (AB 2348 of 2004), a "default density" of 20 units/acre is assumed to be sufficient to facilitate lower-income housing development. Any sites with zoning that allows at least this density will be counted as lower-income sites. Based on our conversation with City staff, we understand that there are relatively few vacant sites suitable for additional housing development. As part of the initiation phase we will explore this issue in detail and work with staff to develop an appropriate methodology for updating the land inventory. The budget also assumes that City staff will assist CONEXUS by providing a digital base map suitable for use in showing the locations of vacant/underutilized parcels with the potential for housing development. If sufficient vacant or underutilized sites at suitable densities are not available to meet the current RHNA allocation plus any "carryover", program options for making additional sites available will need to be considered. 2.4 Constraints Constraints include the following issues to be studied: • Governmental constraints, including land use plans and regulations, zoning, development standards, improvement requirements, impact fees and processing procedures will be analyzed. The budget assumes that City staff will assist in this process by identifying any changes to plans, regulations, and other potential governmental constraints that have occurred since the previous Housing Element was prepared. Our experience in preparing Housing Elements during the past year has shown that obtaining a finding of "compliance" from state HCD has become much more challenging than in previous CONEXUS -9- October 30, 2008 City of Seal Beach 2008 Housing Element Proposal cycles, and the governmental constraints analysis is one of the prime examples of this change. While the City's previous Housing Element is well written, it appears from our review that a substantially more detailed analysis will be necessary in the new element, particularly in the areas of zoning and development standards related to lower- income and special needs housing, processing procedures, fees and public improvement requirements. Non-governmental constraints, including land cost, construction cost, financing cost and availability, environmental conditions (e.g., wetlands and floodplains, geotechnical problems, sensitive biological habitat) and infrastructure (particularly water and wastewater treatment capacity), will be evaluated. It is assumed that the City's Public Works/Engineering staff will provide the information needed to assess infrastructure capacity constraints. 2.5 Goals, Policies, The foregoing analysis of needs, resources, Programs and opportunities and constraints, together with the Objectives evaluation of the current Housing Element, will provide guidance in identifying areas where previous policies and programs may need to be refined to better accomplish the City's objectives, as well as address changes in state law. CoNExus will work with staff and decision-makers to identify policy options and refine the goals, policies and programs as necessary. The results of the research and analysis described above will be used to prepare an Administrative Draft Housing Element for review by City staff (see Task 4 below). Products • Research and analysis for the preparation of the draft Housing Element Task 3 Task 4 entails the writing and production of the new Housing Element document for review by City staff, Housing Element decision-makers, the Preparation public, and State HCD. This will P be followed by revisions to the draft element in response to comments from state HCD, and final adoption by the City Council. CoNExus -10- October 30, 2008 • • • City of Seal Beach 2008 Housing Element Proposal 3.1 Administrative Draft An Administrative Draft Housing Element will be Housing Element prepared incorporating the research and analysis from Task 2 as well as updated goals, policies, quantified objectives, and implementation programs describing the City's housing strategy for the 2008- 2014 planning period. Policies and programs will be based on the review of the City's progress in implementing the current element and where appropriate, refinements will be recommended. It is important to note that the budget assumes that a complete Administrative Draft document will be submitted for staff review, and that all comments on the Administrative draft will be consolidated and delivered as a single package. This proposal assumes that the new Housing Element will be prepared in substantially the same format as the previous element. Products Administrative Draft Housing Element document (1 hard copy + Word and PDF electronic files) (Note: If desired, CoNExus can provide additional copies of documents on a time-and-materials basis) 3.2 Public Review Draft A Public Review Draft Element will then be prepared Housing Element incorporating City comments. If additional rounds of review are requested on the Draft Element at this stage, or if late comments must be incorporated after the Public Review Draft has been completed, they will be provided as extra work on a time-and- materials basis. Products + Public Review Draft Housing Element (1 hard copy+ Word and PDF electronic files) 3.3 HCD Review Draft Although not explicitly discussed in the RFP, our Housing Element experience has been that it is desirable to have decision-makers review the draft element prior to submittal to HCD. An efficient use of time and budget could be a joint study session held by the Planning Commission and City Council (see Task 5 for further discussion of the public participation strategy). Following the study session an HCD Review Draft Element will be prepared incorporating the comments of policy-makers. This draft will be delivered to staff and one round of review is budgeted. This Draft element will then be submitted to HCD for its 60-day review. CoNExus -1 1- October 30, 2008 City of Seal Beach 2008 Housing Element Proposal Products HCD Review Draft Housing Element document (1 hard copy+ Word and PDF electronic files) 3.4 Proposed Final The ultimate goal of the Housing Element update Housing Element process is to adopt and implement an element that meets City objectives and also is certified by the California Department of Housing and Community Development (HCD). HCD certification of the Housing Element is important for several reasons - to maintain eligibility for grant funds, to ensure a legally- adequate General Plan, and to maintain local control of the land use planning process. After receipt of HCD comments on the Draft Housing Element, CoNExus will work with staff to revise the element, as necessary, to address the state's concerns. We will prepare a summary matrix following the points raised in HCD's review letter along with a tracked version of the revised draft element so that all parties can easily see how the City has responded to HCD comments. Our experience preparing Housing Elements in many other jurisdictions over the past 25 years has provided us with a good working relationship with HCD's senior staff and a thorough understanding of what is required in order to receive Housing Element certification. In particular, our experience during the past year indicates that obtaining HCD approval has become far more challenging than in previous cycles. While this is in part due to new laws (see Appendix 2), we have also found that HCD is interpreting old laws in a manner that requires much more detailed analysis. Our approach to obtaining certification is based on establishing and maintaining a cooperative working relationship with HCD's assigned reviewer and management. We expect to have conversations with HCD staff during the course of the project as questions and issues arise. In our experience, HOD staff has always been willing to work cooperatively with our client jurisdictions, including attendance at public meetings to explain state requirements and expectations to decision-makers and the community. This process of clarifying and resolving issues during the Housing Element preparation phase increases the likelihood of achieving certification and reduces delays. CoNExus -12- October 30, 2008 i I City of Seal Beach 2008 Housing Element Proposal The practice of HCD in recent years has been to issue a letter of "conditional certification" when an element essentially complies with state law but follow-up actions are necessary to implement adopted policies or programs. While "full" certification is desirable (i.e., without requiring subsequent review and approval of implementation actions by HCD), in many cases required program actions cannot be completed within the timeframe of element adoption. Our commitment is to assist the City in achieving full certification to the extent feasible. However, if implementation actions are necessary in order to achieve full certification, we will assist the City in carrying out these subsequent actions and coordinating with HCD within budget limits. The budget assumes a total of 20 hours for this task. If HCD comments require more time and effort than this budget allows, additional work will be done on a time-and-materials basis. (Note: Appendix 3 contains insights gleaned from our conversations with HCD staff regarding recent changes to state Housing Element law.) Products + Review and analysis of HCD comments + Meetings/conference calls to review HCD comments with City and HCD staff • Matrix summarizing HCD comments and proposed changes to the Draft Housing Element (1 reproducible copy) + Preparation of a revised Draft Housing - Element for consideration by decision-makers (1 hard copy+ Word and PDF electronic files) 3.5 Final Housing Following completion of proposed revisions to Element address HCD comments, public hearings will be held by the Planning Commission and City Council to review the draft final element. CoNExus will make any additional revisions to the document to address Planning Commission comments prior to consideration by the City Council. Further revisions, if necessary, will be made to respond to City Council direction. The adopted element will then be submitted to HCD for certification. CONExus -13- October 30, 2008 • s City of Seal Beach 2008 Housing Element Proposal Products • Planning Commission: Proposed Final Housing Element document (1 hard copy + Word and PDF electronic files) • City Council: Revised Draft Final Housing Element document (1 hard copy + Word and PDF electronic files) (Note: While our goal is to help the City produce a Housing Element that receives certification by HCD, it is possible that unresolved policy differences between City decision-makers and HCD could hinder certification efforts. CONEXUS cannot guarantee, nor is payment for our services contingent upon, HCD certification. If additional revisions and/or public hearings are required, assistance can be provided on a time-and-materials basis.) Task 4 During the preparation of the updated Housing General Plan Element, we will prepare a General Plan Consistency Evaluation to identify any areas where the new Consistency Evaluation element may require revisions to other elements to maintain consistency. The focus of this effort will be the residential land use categories and policies contained in the Land Use Element, although all elements will be reviewed. The findings of this analysis will be presented to City staff. If desired, CoNexus can prepare amendments to other elements or related documents (e.g., Zoning Code) as optional (asks. Products • General Plan Consistency Evaluation (1 hard copy + Word and PDF electronic files) Task 5 State Housing Element law^ requires a pro-active Public Participation effort to involve interested persons and organizations in the preparation of Housing Elements. The public involvement process could include stakeholder meetings, public workshops, focus groups, interviews, surveys, and media. Public participation and collaborative planning are particular strengths of our consulting practice, and Mr. Douglas has extensive experience facilitating workshops and meetings, and we are frequently complimented on the clarity of our presentations. We encourage City staff to contact our previous clients regarding our public presentations as part of the proposal evaluation. The RFP indicates that at least three community G Cal. Govt. Code Sec. 65583(C)(6) CONEXUS -14- October 30, 2008 • • City of Seal Beach 2008 Housing Element Proposal outreach meetings should be included in the project scope. While public involvement is essential, expanded opportunities also have schedule and budget consequences. We recognize that most small jurisdictions have limited funds, and also that the state-mandated deadline for this round of Housing Elements has passed. In consideration of these factors, this proposal presents an alternative approach to the public involvement program that we have used successfully on a number of other Housing Element updates. This approach would include two Planning Commission/City Council study sessions and one community outreach meeting, in addition to adoption public hearings by the Planning Commission and City Council. We assume that the outreach program will be fine-tuned as part of the initiation phase of the project in conformance with schedule and budget constraints. Prior to the first meeting we will assist the City in preparing a public notice distribution list. 5.7 Joint Planning We have found that joint study sessions are an Commission/City efficient use of both time and budget. If City officials Council Workshop #1 are comfortable with this format, one joint study session will be held early in the process to review Housing Element requirements, issues and policy options. CoNExus will provide a slide presentation along with appropriate handout materials for this meeting. Products • Attendance, slide presentation and handout materials 5.2 Community One community outreach meeting is proposed, to be Outreach Meeting held shortly after the first joint study session. The purpose of this meeting would be to inform attendees of the issues to be addressed in the Housing Element and solicit opinions and suggestions regarding local housing needs and program priorities. Products • Attendance, slide presentation and handout materials for one community outreach meeting 5.3 Joint Planning The purpose of the second joint study session would Commission/City be to present the Public Review Draft Housing Council Workshop #2 Element to decision-makers, review issues and policy options, and obtain authorization to submit the draft to state HCD. CoNExus will provide a presentation CoNExus -15- October 30, 2008 • • City of Seal Beach 2008 Housing Element Proposal and respond to questions. Products + Attendance, presentation and handout materials 5.4 Planning Commission Following the receipt of HCD comments the and City Council Proposed Final Housing Element will be prepared Public Hearings (Task 3.4) incorporating revisions to address HCD concerns. It is assumed that one public hearing each will be held by the Planning Commission and City Council for adoption of the element. Following Council approval, the Final Housing Element will be submitted to State HCD for certification as required by state law. CoNExus' Project Manager will give a presentation at each public hearing to focus attention on the key issues, and will respond to questions. The budget assumes that CoNExus will assist CITY staff in preparing staff reports, resolutions, and related materials for these hearings. If further substantive changes to the element are required in response to HCD comments after Council adoption, additional public hearings may be necessary. If desired, CoNExus can prepare additional revisions to the Housing Element, assist with staff reports and public noticing, and attend additional hearings on a time-and-materials basis. Products + Preparation of draft staff reports and participation at one Planning Commission public hearing and one City Council public hearing Task 6 CoNExus will prepare an Initial Study for the Draft CEQA Review Housing Element in compliance with the California Environmental Quality Act. A Preliminary IS/ND will be submitted to City staff for review, and a Public Review Draft IS/ND will be prepared incorporating staff comments. The IS/ND will conform to the City's procedures and format for CEQA documents. One round of review and revisions is budgeted. It is assumed that the Initial Study will support the preparation of a Negative Declaration. If the Initial Study finds that significant impacts could occur, an EIR would be required and a revision to this scope and budget will be negotiated. The budget assumes that the analysis will be limited to program-level issues CONEXLS -16- October 30, 2008 • • City of Seal Beach 2008 Housing Element Proposal and not site-specific actions such as Land Use Element designations or zone changes. If site-specific project-level analysis is required, a supplemental budget will be negotiated. It is assumed that City staff will distribute the Public Review IS/ND to the State Clearinghouse and Responsible Agencies. After the close of the comment period we will prepare draft responses to comments for City review. Final responses to comments, revisions to the IS/ND (if necessary), and a mitigation monitoring program (if necessary) will then be prepared incorporating staff comments for consideration by decision-makers. We assume that no separate scoping meeting will be necessary for the CEQA document, and that consideration of the IS/ND will be handled as part of the Housing Element review and adoption hearings. The budget assumes that the City will handle filing of the IS/ND and Notice of Determination with the County Clerk, and that the City will be responsible for any filing fees. (Note: Recent changes in state law may limit the City's ability to conduct CEQA review of "by right" multi-family housing approvals on sites that are rezoned to accommodate the lower-income needs identified in the RHNA. As a result, "project-level" CEQA review may be required for Housing Element implementation actions. This proposal assumes CEQA review of Housing Element policy issues only-if subsequent CEQA documentation is required for implementation actions or site-specific entitlements, it can be provided as on additional product with a supplemental budget.) Products + Administrative Draft Initial Study/Negative Declaration • Public Review Draft Initial Study/Negative Declaration • Notice of Availability/Notice of Intent to Adopt the IS/ND • Preliminary Responses to Comments + Final Responses to Comments • Final Adopted IS/ND and Mitigation CONEXUS -17- October 30, 2008 • • City of Seal Beach 2008 Housing Element Proposal Monitoring Program, if necessary (Note: The proposed budget assumes that CONEXUS will provide one reproducible hard copy and electronic files of each work product and the City will duplicate and distribute the documents as appropriate.) Task 7 CoNExus' Project Manager will maintain regular Meetings and contact with staff as often as necessary to ensure a smooth working relationship and successful Project Management completion of the project. Up to five on-site meetings with City staff during the course of the project are included in the budget. It is assumed that additional coordination will occur via telephone and e-mail. Monthly status meetings are also assumed via conference call. Products • Regular coordination with City staff via telephone or e-mail • Up to 5 on-site working meetings • Monthly status meetings via conference call Optional Tasks If desired, additional tasks and services can be provided on a time-and-materials basis. Such tasks could include additional public participation efforts, revisions to the Development Code or other planning documents, design guidelines, conceptual site plans for key parcels, etc. CONEXUS -18- October 30, 2008 • • City of Seal Beach 2008 Housing Element Proposal D. Proposed Schedule The following schedule identifies proposed milestones for the major components of the Housing Element update. Obtaining the approval of state HCD requires a significant amount of time, which is affected by the specific issues raised during the review process. Recent experience has shown that more than one round of review by HCD is generally necessary to obtain certification. There are different ways to structure this process, and our typical approach has been to work informally with HCD staff to address their concerns prior to official submittal of a revised draft or adopted element. At the project outset we will review the schedule with City staff and jointly refine the schedule. We believe the keys to schedule (and budget) control are 1) a clear understanding of issues, 2) close coordination between the consultant and City staff, and 3) an experienced consulting team. CoNExus' senior staff have managed numerous similar projects and are committed to providing excellent service. November 2008 Project initiation & kickoff meeting Nov 2008- Jan 2009 Data collection and analysis February 2009 City Council/Planning Commission study session #1 Dec. 2008- Feb 2009 Prepare Preliminary Draft Housing Element February 2009 Administrative Draft Element to staff for review March 2009 Community outreach meeting March - April 2009 Staff review and revisions Prepare Public Review Draft Element May 2009 Joint PC/Council workshop May- June 2009 Prepare HCD Review Draft Housing Element June 2009 Submit Draft Element to HCD (60-day review) August 2009 HCD comments due September 2009 Prepare responses to HCD comments and Draft Final Housing Element November 2009 HCD review of Draft Final element December 2009 Planning Commission hearing December 2009 City Council hearing and adoption Prepare & submit Final Housing Element to HCD for certification CoNExus -19- October 30, 2008 • S City of Seal Beach 2008 Housing Element Proposal E. Fee Schedule and Our fee schedule is provided below, and the project Cost Estimate cost estimate is enclosed in a separate envelope. This fee schedule is valid through December 2009. A cost of living increase of up to 5% may apply to work completed after that date. Additional tasks or out-of- scope work will be provided on a time-and-materials basis. Reimbursable expenses are billed at actual cost with no surcharge. No mileage or travel expenses will be charged. Travel time to/from meetings is included in the budget for each meeting. The Cost Estimate will not be exceeded without the City's prior authorization. We recommend that a 5% contingency fund be included in the contract, and that the contract specify that budget funds may be transferred between tasks, as determined appropriate by the City's Project Manager. If extra work is required, a supplemental budget will be determined in consultation with the City prior to initiation of the work. 2008-09 Fee Schedule Principal/Project Manager $135/hr Senior Associate $110/hr Graphics/Word Processing $65/hr Reimbursable expenses Actual cost Travel/mileage No charge CONEXUS -20- October 30, 2008 • • City of Seal Beach 2008 Housing Element Proposal APPENDIX 1 RESUMES John H. Douglas, AICP Principal Qualifications Mr. Douglas has over 32 years experience in the planning field, including 15 years of management-level positions in city and county planning agencies. John manages the firm's practice in general plans, housing elements, CEQA/NEPA documents, demographic analysis, public outreach programs and conflict resolution. Prior to forming CONEXUS, he was Director of Planning for Civic Solutions, Inc. (2001-2004) and senior consultant with The Planning Center where he supervised Housing Element projects from 1998-2001. From 1991-1998 John served as Principal Planner for the City of Newport Beach where his duties included advance planning, economic development, annexations, CDBG administration, managing the entitlement and CEQA review process, and coordination with the California Coastal Commission on permitting issues. From 1981-1991 he was employed at the Orange County Environmental Management Agency where he supervised staff in the areas of advance planning, demographic forecasting, housing, CEQA compliance and entitlement processing. From 1977-1981 he was a housing market analyst for a private consulting firm. His planning experience began in 1974 with the City of Fresno. Highlights of John's extensive background in local government has given him a broad Experience understanding of the practical aspects of planning. He has managed numerous General Plan projects, Housing Elements, zoning code amendments, EIRs, and entitlement processes for both private and public projects. His special area of expertise is public outreach, meeting facilitation and consensus building strategies, and he holds a certificate in Conflict Management from the University of California, Irvine. He is a slate-certified mediator and has considerable experience in working with groups and committees to find common ground on complex and controversial issues. He teaches a course on Housing Elements in the graduate program in Urban and Regional Planning at the University of California, Irvine and is a frequent speaker at professional conferences on techniques for effective public participation and conflict management. Education • B.A., University of California, Los Angeles, Geography. 1974 • Graduate Studies, San Diego State University, City Planning, 1976-78 • Certificate in Alternative Dispute Resolution, UCI, 2000 Professional • Lecturer, Graduate Program in Urban & Regional Planning, UCI Affiliations • American Institute of Certified Planners • Charter Member, American Planning Association • Southern California Mediation Association CONEXUS -21- October 30, 2008 • • City of Seal Beach 2008 Housing Element Proposal This page intentionally left blank CoNEXUS -22- October 30, 2008 • S City of Seal Beach 2008 Housing Element Proposal Gregory C. Konar, AICP Senior Associate Qualifications Greg Konar is a Senior Associate with CONEXUS. Mr. Konar has over 23 years professional planning experience in both the public and private sectors. His diverse range of experience includes many highly complex projects including master plans, specific plans, zoning ordinances, general plan amendments, and entitlement processing. Prior to joining CONEXUS, Mr. Konar was Senior Project Manager with Project Design Consultants and a Senior Land Use and Environmental Planner for the County of San Diego's Department of Planning and Planning and Land Use. Highlights of • SeaWorld Master Plan Update, City of San Diego, CA Experience In concert with PGAV of St. Louis, SeaWorld's theme park designer, Mr. Konar prepared a 20-year master plan for the San Diego theme park. Primarily a policy document to establish the development parameters for future redevelopment and expansion of the 189-acre park, Mr. Konar provided innovative solutions to complex regulatory challenges within a highly charged political environment. As a key member of SeaWorld's entitlement team, Mr. Konar was instrumental in securing favorable recommendations from eight community planning groups, the San Diego Planning Commission, the San Diego City Council, and the California Coastal Commission. • Rancho San Juan Specific Plan, County of Monterey, CA Mr. Konar was the project manager responsible the development of the Rancho San Juan Specific Plan in Monterey County. The 2,500- acre, 4,000-unit Specific Plan proposed the largest development in the history of Monterey County. Pursuant to a court order to prepare the plan on behalf of the developer, the client, Monterey County, wanted a plan to create a sustainable, new-urbanist community, with a jobs-housing balance and at least 20% affordable housing. Located in a General Plan designated "Area of Development Concentration" just north of the City of Salinas, the plan provided a blueprint for the development of small town of about 13,000 residents. Highlights of the plan included a mixed-use town center, live-work units, LEEDs-type building requirements for all neighborhoods and a "green infrastructure" approach to the water, wastewater, reclaimed water, and stormwater systems. • Star Ranch, County of San Diego, CA Mr. Konar was the project manager for Star Ranch, a proposed new community in San Diego County's backcountry. Prepared for a private client, the Star Ranch Specific Plan envisioned the creation of an authentic rural village built around a working cattle ranch. The design was required to fit seamlessly into the rural setting and avoid any trace of suburban character. At the same time, the plan embraced many sustainable and smart growth elements such as concentrating development around a pedestrian/equestrian oriented village center. Retaining the cattle ranch allowed more than 80% of the property to be retained in open space and the CONEXUS -23- October 30, 2008 • • City of Seal Beach 2008 Housing Element Proposal ongoing cattle grazing provided an efficient, low-impact fuel management solution. • Resource Protection Ordinance, City of San Diego, CA At the direction of the San Diego City Council, Mr. Konar wrote the first comprehensive ordinance to protect the City's wetlands, floodways, floodplains, and steep slope areas. The ordinance was later expanded to include historic and cultural resources. Designed to augment CEQA, the ordinance filled a gap by restricting the development and mitigation of identified resource areas. The Resource Protection Ordinance pioneered the use of site-specific surveys to identify resources, prior to which time, the City had to rely on its own mapping. The ordinance was accepted by the San Diego Association of Governments (SANDAG) as a model ordinance for the region and soon after was adopted by the County of San Diego. Education University of California at Los Angeles BA, Political Science and Sociology, 1973. San Diego State University Master of City Planning, 1979 Professional • American Institute of Certified Planners Affiliations • Charter Member American Planning Association • Board of Directors, Webmaster- San Diego APA Chapter • Co-Chair, Professional Development Workshop, "Paving Temporary Paradise -The High Cost of Free Parking" San Diego County APA Chapter (2006) + Speaker: "Building Blocks of Sustainable Communities: Case Study of Rancho San Juan Specific Plan Project"- Land Development West Conference and Expo, Scottsdale, Arizona (2005) CoNExus -24- October 30, 2008 • • City of Seal Beach 2008 Housing Element Proposal APPENDIX 2 SUMMARY OF RECENT HOUSING ELEMENT LEGISLATION AB 2158 (2004) Makes changes in the methodology for allocating the RHNA and in the rules for transferring RHNA between cities and counties. This bill includes the "2158 Factors" that may be used to support requests for reduction in a jurisdiction's RHNA. A COG may request the use of population and household forecast assumptions used in the regional transportation plan. http://www.leainfo.ca.aov/pub/03-04/bill/asm/ab 2151-2200/ab 2158 bill 20040922 chaotered.pdf AB 2348 (2004) Requires a parcel-specific and inventory. Establishes a specific "default density" that is assumed to be adequate to facilitate lower-income housing. Also requires that when the land inventory does not demonstrate an adequate supply of land for housing at all income levels, sufficient land must be rezoned to accommodate 100% of the shortfall and multi-family housing must be permitted "by right." hfio://www.leainfo.ca.aov/pub/03-04/bill/asm/ab 2301-2350/ab 2348 bill 20040923 chaatered.odf AB 1233 (2005) Requires that any portion of a jurisdiction's share of regional housing need that is not accommodated in the land inventory during one planning period must be carried forward to the next round of fair-share housing allocations. http://www.leainfo.cacov/pub/bill/asm/ab 1201-1250/ab 1233 bill 20051006 chaptered.odf SB 575 (2005) Strengthens anti-NIMBY law relating to affordable housing projects and prevents cities and counties from rejecting or conditionally approving a project unless the jurisdiction has met its fair-share housing needs for the planning period. hita://www.leainfo.ca.gov/pub/bill/sen/sb 0551-0600/sb 575 bill 20051006 chaptered.odf AB 2511 (2006) Makes additional changes to anti-NIMBY law and other affordable housing statutes http://www.leninfo.ca.ciov/pub/bill/asm/ab 2501-2550/ab 2511 bill 20060930 chaptered.odf AB 2634 (2006) Requires the analysis of population and projected housing needs for all income levels to include extremely low income households (30% or less of countywide median) htto://www.leginfoca.aov/pub/bill/asm/ab 2601-2650/ab 2634 bill 20060930 chaptered.odf SB 2 (2007) Strengthens planning requirements for emergency shelters and transitional housing. With certain exceptions, requires all jurisdictions to designate at least one zoning district where shelters are permitted by-right. htto://www.leainfo.ca.aov/pub/07-08/bill/sen/sb 0001-0050/sb 2 bill 20071013 chaotered.pdf CoNExus -25- October 30, 2008 • • City of Seal Beach 2008 Housing Element Proposal This page intentionally left blank CoNEXUS -26- October 30, 2008 • • City of Seal Beach 2008 Housing Element Proposal APPENDIX 3 HOUSING ELEMENT QUESTIONS & ANSWERS 1. If a jurisdiction rezones land for multi-family use to meet the RHNA requirement prior to the Housing Element due date, must it allow "by right" development? A: "By right" development is not required if the jurisdiction provides sufficient land (such as through rezoning)prior to adoption of the new Housing Element. The key factor is whether the rezoning is required as a follow-up action program in response to an insufficient land inventory compared to the RHNA. 2. How are SROs treated for purposes of the RHNA, land inventory and units produced? College dorms? Farmworker housing? A: HCD uses the U.S. Census Bureau definition of "housing unit" for purposes of the RHNA and Housing Elements. The Census Bureau defines "Housing unit" as "A house, an apartment, a mobile home or trailer, a group of rooms, or a single room occupied as separate living quarters, or if vacant, intended for occupancy as separate living quarters. Separate living quarters are those in which the occupants live separately from any other individuals in the building and which have direct access from outside the building or through a common hall." Accordingly, SROs may qualify as housing units if they are occupied as separate living quarters (e.g., private bathrooms and kitchen facilities). Dorm units with shared bathrooms and cafeterias are not considered housing units. 3. If some or all of a jurisdiction's vacant land is encumbered by a legally binding development agreement that extends through the entire planning period, can that justify a land inventory that does not meet the RHNA? Is there a different set of rules for new cities that "inherited" development agreements from the County. A: Development agreements do not justify any waiver or reduction in jurisdictions' responsibilities to ensure a sufficient land inventory. If potential housing sites are encumbered by development agreements that impede the production of lower-income housing,jurisdictions must find other ways to make sufficient sites available for all income levels (e.g., second units, rezoning of commercial sites, redevelopment, etc.). 4. How much land inventory "credit" may be taken for potential 2nd units? A: If a jurisdiction claims that a portion of its land inventory will be met by second units, HCD will first look to the Housing Element's analysis of the previous planning period to see how many second units were produced. If the jurisdiction claims that second unit production will be greater in the new planning period, the Housing Element must provide an analysis demonstrating why the increase is anticipated. Such an analysis would include such things as by-right permit processing, incentives, and market demand. 5. In the Q & A (#40) and also the 6/9/05 memo on AB 2348, it states that in suburban and metropolitan jurisdictions zoning must allow at least 20 units per CoNExus -27- October 30, 2008 • • City of Seal Beach 2008 Housing Element Proposal acre, but Appendix 1 of the 6/9/05 memo lists most jurisdictions in Southern California as having a minimum 30 du/ac. Can you please clarify whether the required density is 20 or 30 du/ac for cities with a "default density" of 30 du/ac? A: Jurisdictions should use the same methodology in the site analysis/land inventory as they do in an action program to provide additional sites, if necessary. In metropolitan jurisdictions, the "default density" for lower-income housing is at least 30 du/ac. If zoning allows at least 30 du/ac, then HCD will not question the validity of this assumption for purposes of calculating the land inventory. However,jurisdictions may use a density lower than 30 du/ac in the sites inventory if the Housing Element includes an analysis demonstrating that lower-income units are feasible at that density. The analysis would include examples of recent affordable projects that were successfully completed at the lower density. If an action program to provide additional sites is required due to an insufficient land inventory,then the density standards in the program should use the same methodology as the land inventory. 20 du/ac is the statutory minimum density that will be accepted in a rezoning program for lower-income units, however, and the program must allow development "by right". While density is an important component of the land inventory, other steps are also required in the analysis, including availability of infrastructure, site constraints (e.g., environmental conditions), and any other factors that could present an obstacle to development during the planning period. 6. Can density bonus law be included in the evaluation of land inventory and the "default" density provisions of AB 2348? (e.g., if the default density for lower income housing is 30 du/ac, would base zoning at 22-25 du/ac be sufficient under the assumption that a density bonus to 30+ du/ac would be approved for affordable projects?) A: No, an assumed density bonus cannot be used to achieve the default density. The base zoning density must be used for the land inventory analysis. 7. If a jurisdiction has insufficient vacant residential land to accommodate its RHNA, what limitations would HCD place on affordable housing or mixed-use overlay zones to meet the shortfall? The Q & A (#40) states that at least 50%of the lower income need must be accommodated on sites zoned exclusively for residential use. Are there any other limitations HCD would impose on overlay or mixed-use zones? A: If a program is required to provide additional sites due to a shortfall in the land inventory, HCD would consider several factors in evaluating the appropriateness of the program. Such factors could include incentives or other measures the program includes to facilitate affordable development on the sites; monitoring provisions included to inform the jurisdiction as to whether the program is working as intended; corrective measures built into the program to allow adjustments if the expected results are not achieved, etc. Note: This paper reflects the opinions of CoNrxus, and is not an official publication of the California Department of Housing and Community Development. While it is based on the personal conversations of the author with HCD staff in February 2007, any errors or omissions are solely the responsibility of the author and not HCD. it should not be considered to be legal advice. Specific concerns regarding the legal adequacy of your Housing Element should be referred fo your City Attorney or County Counsel. CONEXUS -28- October 30, 2008 • C®NEXUS Epp • Cost Estimate City of Seal Beach Housing Element Update October 30, 2008 Total s" --• Task Description PIC SP} GMWP: .Roth .Cost ••1 1.0 Project Initiation 12 5 17 $2,170 2.0 Research and Analysis _ 2.1 -Evaluation of Current Housing Element 8 12 20 $2,400 2.2 -Needs Assessment 8 16 24 $2,840 2.3 -Resources&Opportunities 10 16 26 $3,110 2.4 -Constraints 10 30 40 $4,650 2.5 -Goals,Policies,Programs,Objectives 10 10 $1,350 3.0 Housing Element Preparation 3.1 -Administrative Draft Housing Element 16 16 8 40 $4,440 3.2 -Public Review Draft Housing Element 8 8 2 18 $2,090 3.3 -HCD Review Draft Housing Element 8 8 2 18 $2,090 3.4 -Proposed Final Housing Element 8 12 20 $2,400 3.5 -Final Housing Element 6 4 2 12 $1,380 4.0 General Plan Consistency Evaluation 4 8 12 $1,420 5.0 Public Participation 5.1 -Joint PC/City Council workshop#1 12 12 $1,620 5.2 -Community meeting 8 8 $1,080 5.3 -Joint PC/City Council workshop#2 12 12 $1,620 5.4 -PC&CC hearings(1 each) 24 24 $3,240 6.0 CEQA Review 8 32 2 42 $4,730 7.0 Project Management 1 Meetings 20 20 $2,700 Total Labor 192 167 16 375 $45,330 Hourly Rate $135 $110 $65 • Reimbursable Expenses (See table below) $600 GRAND TOTAL BUDGET $45,930 Staffing • I PIC=Principal in Charge/Project Manager SP=Senior Planner GA NP=Graphics/word processing Estimated Reimbursable Expenses Travel No charge Printing/graphics/supplies $500 Postage/deliveries $100 Total $600 NOTE: Reimbursable expenses ore estimated based on the anticipated level of effort and the City will only be billed for actual costs incurred.All overhead costs are included in the proposed budget.