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HomeMy WebLinkAbout01 - Professional Services Agreement for Housing Element UpdateCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 1 December 18, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Gregg Ramirez, Senior Planner (949) 644 -3219, gramirez @city.newport- beach.ca.us SUBJECT: Professional Services Agreement for Housing Element Update RECOMMENDATION Authorize the City Manager to execute a Professional Services Agreement with PBS &J for the 2006 -2014 Housing Element Update and related CEQA review. 2. Approve a budget amendment increasing the expenditure appropriation of 2710- 8080 by $84,868 from the General Fund unappropriated fund balance DISCUSSION: Backqround In September 2007 the State Department of Housing and Community Development (HCD) adopted Regional Housing Needs Assessment numbers (RHNA) for the Southern California Association of Governments (SCAG) region. The new RHNA allocation designates the number of dwelling units each SCAG jurisdiction must provide during the 2006 -2014 HCD planning period. The City's allocation is 1,784 dwelling units. The adoption of the RHNA allocation coincides with the requirement to prepare an update of the Housing Element that includes the new RHNA. The current Housing Element was adopted by the City Council in July of 2006. Approval of Measure V by the voters in November 2007 meant that the housing opportunity sites identified therein, such as those in Newport Center and the Airport Area, could remain unchanged. Since adoption, Staff has submitted two draft revised Housing Elements to HCD in hopes of obtaining certification of the revised element but has to date been unsuccessful. Based on communications with HCD, the adopted element contains most of the statutory requirements for the 2008 -2014 planning period. However, since Housing Element Update PSA December 18, 2007 Page 2 adoption in 2006, several new statutory requirements, including a detailed inventory and analysis of the housing opportunity sites and polices and programs that address how sites will be redeveloped with housing or mixed use, have been added. Staff believes the most efficient course of action is to proceed with preparing the update reflecting the new RHNA, new statutory requirements and update the demographic statistics and related narrative. The update process will also include the required public outreach in the form of two public workshops. Environmental Review The PSA is not defined as a project subject to CEQA; however, the update to the Housing Element is. It may be possible to do an addendum to the General Plan EIR however; this needs further analysis by staff and the consultant. If an addendum cannot be done, environmental review will be conducted pursuant to CEQA requirements. Schedule The schedule identifies tasks for the period of January 2008 — October 2008. The schedule calls for a draft to be prepared for Planning Commission and City Council review and comment before submittal to HCD. Formal adoption hearings will be scheduled after staff and HCD agree on the final contents of Element. The schedule also includes two public workshops. It is anticipated that one workshop will take place concurrently with a General Plan Implementation /Zoning Code Rewrite public workshop and the other will be a focused housing event. Budget The budget for the project is divided into the Element Update and the environmental review that totals $84,868. Housing Element Update — Attachment A of the Proposal indicates the cost of services to be $54,868. Environmental Review — Although the exact extent of environmental review is unknown, staff and the consult agree that a budget of $30,000 will likely cover costs. Consultant Team The consultant for this project will be PBS &J. The consultant team will include Linda Tatum, Program Manager and Jessie Barkley, Senior Planner. During the latter stages of our General Plan Update, EIP Associates was purchased by PBS &J. Jessie Barkley played the lead role in the 2006 Housing Element and is familiar not only with the Housing Element Update PSA December 18, 2007 Page 3 Housing Element but the General Plan as a whole. Additionally, EIP /PBS &J prepared the General Plan EIR. Public Notice: Public notice is not required for this item. Prepared by: Gregg am z Senior Planner Attachment: Submitted by: 92 David Lepoo Planning Direko /r, A. Proposal for Housing Element Update from PBS &J Attachment A PBSJ An employee -owned company October 30, 2007 Gregg Ramirez Senior Planner City of Newport Beach P.O. Box 1768 Newport Beach, California 92658 -8915 Subject: General Plan Housing Element Update Dear Mr. Ramirez: PBS &J is pleased to submit this proposal for professional services to assist the City of Newport Beach in the preparation of its Housing Element update to reflect the new RHNA cycle and comments provided by the Department of Housing and Community Development (HCD). It is submitted in response to your oral request and addresses the objectives discussed by HCD. Jessie Barkley, Senior Planner and Linda Tatum, Program Manager will serve as the primary staff on the Housing Element update. In general, the tasks will involve the following a. Update of demographic and housing information and associated text b. Update of Housing Element constraints section in response to new state law and zoning categories c. Revision of Housing Element accomplishments d. Revision and update of housing resources text to reflect the new RHNA allocation and the HCD comment letter of September 10, 2007 e. Attendance at Planning Commission and City Council public hearings and two workshops. f Participation in coordination meetings and conference calls with City staff. We are prepared to commence the work program on notification from the City of Newport Beach regarding the acceptability of the work scope and budget. Sincerely, PBS &J Jessie Barkley Linda F. Tatum, AICP Senior Planner Program Manager Planning + Urban Design Planning + Urban Design 12301 Wilshire Boulevard • Suite 430 • Los Angeles, California 90025 • Telephone: 310.268.8132 • Fax: 310.268.8175 • www.pbsi.com J SCHEDULE The following schedule is developed based on discussions with City staff, our proposed scope of work, as well as our experience in preparing Housing Elements. The Housing Element update is due June 30, 2008 with a 60 day review period. After the Housing Element is formally adopted by the City Council, after addressing any HCD comments, the Housing Element is resubmitted to HCD for a 90-day review. While we will aim to have a Draft Housing Element to HCD for review by the June 30 2008 deadline, based on unknown factors (excessive comments by HCD, extra hearings required) will do not believe that having an adopted Housing Element is possible by this deadline. Housing Element Schedule 1. Contract Initiation December 2007 2. Project Kick -off conference call 2nd Week of January, 2008 3. Receipt of any requested information/data by PBS &J January 31, 2008 4. Housing Workshop #1 March, 2008 5. Housing Workshop #2 (developer roundtable) March, 2008 6. Administrative Draft Housing Element April 15, 2008 7. Draft Housing Element (based on staff comments received within 2 weeks) May 15, 2008 8. Planning Commission Hearing June, 2008 9. City Council Hearing June 2008 10. Submittal of Draft Housing_ Element to HCD June 30, 2008 11. HCD 60 -day review _ _ ending August, 2008 12. Address HCD changes (assumes minor edits) September, 2008 13. Planning Commission Adoption Hearing late September /October, 2008 14. City Council Adoption Hearing late September /October, 2008 15. Submittal of Adopted Housing Element to HCD October, 2008 A CITY OF NEWPORT BEACH HOUSING ELEMENT UPDATE This Scope of Work represents PBS &J's proposed work program to prepare the City of Newport Beach's 2008 -2014 Housing Element update. We understand that certain portions of the Housing Element will require revision to address the Department of Housing and Community Development's (HCD) review letter of September 10, 2007, the City's new RHNA cycle allocation of 1,769 housing units, new State legislation such as AB 1866 and AB 2634, and the inclusion of relevant demographic and housing information. An initial conference call with PBS &J staff and City staff will take place to discuss project parameters, refine and schedule the public outreach program, provide a list of needed data sources and define any project protocols. TASK 2 Needs Assessment, Constraints Analysis, and Accomplishments Review PBS &J will revise the City's existing Housing Needs Assessment to be consistent with State Housing Element law and HCD's review checklist. State law requires that a Housing Element must contain a thorough needs assessment, which describes and analyzes how the various characteristics and trends of the City's population, households, housing market, and other factors interact with and shape current and future housing needs. Community Profile: The Community Profile will be updated to address any new available demographic, economic, and housing data, new requirements to State housing law, (e.g., AB 1866 and AB 2634), and information to address topics provided by HCD comment letter of September 10, 2007. It is understood that much of the original text of the Housing Needs Assessment will remain and that the consultant team will only be updating relevant tables and portions of the document text. It is assumed that the City will assist the consultant team by providing relevant information necessary to update the Community Profile such as quantification of housing in the coastal zone, information on second units, at -risk housing developments, condominium conversions and other data. City of Newport Beach Housing Element Update 1 I Scope of Work Specifically the following topics wlll be updated: • Demographics, income, and employment trends • Household characteristics • Special needs populations (including seniors, large households, female- headed households, persons with disabilities, the homeless, farm labor, military personnel, and students) • Housing type and growth trends • Housing market conditions —new home ownership and rental data IN Housing problems (including condition, overpayment, and overcrowding) is At -Risk housing analysis Constraints Analysis: This section will be revised, as necessary, to reflect comments provided in the HCD comment letter of September 10, 2007, new State regulations, and new zoning categories created as part of the comprehensive zoning ordinance update. Review of Past Accomplishments: The current Housing Element will be reviewed to include any additional accomplishments that have occurred since 2006. It is assumed that City staff will assist the consultant team by providing information on City programs. s MI FIINNTI .E r M s PBS &J will evaluate the availability of vacant and underutilized land, financial resources, and administrative resources to facilitate future residential development to meet the City's 2008 -2014 RHNA allocation of 1,769 units. Effectively addressing HCD's comments for adequate site capacity within the Airport Area and Newport Center will be the key component of the Housing Element update. Specifically, the sites inventory discussion will be expanded to address the following comments provided in the HCD September 10, 2007, comment letter. These items are as follows: • More detailed description of the impact of parcel size on development feasibility • Discussion that demonstrates mixed -use development or stand alone development are realistic for vacant and under - utilized sites * Explanation whether redevelopment, recycling or site intensification would require lot consolidation to allow additional development * Further clarification that the noise and height restrictions in the John Wayne Airport AELUP would not impact housing capacities It is assumed that City staff will provide GIS support for the creation of any new Housing site maps. City of Newport Beach Housing Element Update 2 0 Scope of Work Task 4.1 Evaluation of Past Accomplishments and Potential Housing Programs PBS &J will discuss with City staff to determine the extent to which the City may want to revise any housing element programs. As mentioned in the HCD comment letter of September 10, 2007, Policy H.2.3 must include additional programs to facilitate the development of underutilized and /or mixed -use sites. Additional programs may be included as necessary to address any new legislative requirements and /or any additions by City staff. However, it is anticipated that changes to the existing policies and programs will be minimal. TASK 5 Community Participation Plan Task 5.1 Community Workshops Based upon discussions with City staff regarding the objectives and strategy for community participation, PBS &J will prepare for up to two (2) community workshops. PBS &J understands that the primary purpose of the workshops is to meet the community outreach objectives for the Housing Element set forth by HCD, to advise the public about the Housing Element document and its purpose, and to solicit information from service providers and housing developers. The first community workshop will take place as part of the General Plan Implementation Workshop series already being developed by City staff. PBS &J suggests that the second workshop could be a targeted "round table" discussion with up to fifteen local service providers and mixed - use /affotdable housing developers. The purpose of this round table discussion is to provide input on potential regulatory and financial incentives that could facilitate affordable housing development within key areas of the community such as the Airport Area and Newport Center. These incentives will become part of appropriate new housing element programs (see HCD comment letter on Policy H2.3). PBS &J will provide all the ptesentation materials for the meeting, including any applicable PowerPoinr presentations and poster boards, and will keep a written summary of the comments received. It is assumed that City staff will be responsible for all noticing and advertising for both workshops Task 5,2 Planning Commission and City Council Hearings on the Draft Housing Element We propose a total of four public hearings (two heating with the Planning Commission and two with the City CouncIl). one set of public hearings will be completed prior to sending the Draft Housing Element to the Department of Housing and Community Development for their formal review and comment. The second set of sessions will involve formal adoption of the Housing Element. Specific tasks ate as follows City of Newport Beach Housing Element Update 0 Scope of Work Planning Commission Public 1-fearing PBS &J will conduct one hearing before the Planning Commission that provides a detailed overview of revisions that have occurred in draft Housing Element. The purpose of the hearing is for the Planning Commission to recommend the draft Housing Element, with changes, to the City Council. PBS &J will prepare all presentation materials for the public hearing. We assume that the City will make all arrangements and prepare noticing for the meetings. City Council Public Hearing Following recommendations from the Planning Commission we will conduct a hearing with the City Council that provides a detailed overview of the draft Housing Element prior to the release of the Housing Element to HCD for their review and comment. PBS &J will prepare all presentation materials for the public hearing. We assume that the City will make all arrangements and prepare noticing for the meetings. The updated Housing Element will be submitted for HCD review for the mandatory 60 -day review. PBS &J will be responsible for revisions to the Element to address HCD comments. All revisions will be prepared in underline /strikeout format to focus HCD reviews on changed text. We are anticipating one round of revisions to negotiate policy concerns and provide supplemental information. This budget provides an allowance of 36 hours for revisions. While our goal is to achieve HCD certification of the Housing Element, certification is not guaranteed Should a consensus on policy commitment cannot be reached between the City of Newport Beach and HCD, the City can choose to adopt the Housing Element with findings that indicate the Housing Element as substantially complies with State law. TASK Planning Commission -Adoption k Housing The final task will be to commence with the adoption of the Housing Element. During this stage we have budgeted one hearing with the Planning Commission and one hearing with the City Council on the Final Housing Element. For the public hearings during this stage, PBS &J staff will provide a policy level overview of the Housing Element, focusing on revisions since the initial draft was submitted. We assume that the City will make all arrangements and noticing for the meetings. Our budget provides an allowance for public hearings, with all hearing attendance to be billed on a time - and - materials basis. s PBS &J will produce a final electronic copy of the Housing Element and one original reproducible hard copy of the final Adopted Housing Element. City of Newport Beach Horsing Element Update 4 �0 Attachment A NEWPORT BEACH Housing Element Update October 2007 1\ Hours `e c o 0 c E w o S a Q 8 c 'c `0 0 0. g 0 c c a N $165 $120 $115 $125 Task Cost Housing Element Update Update Community Needs Update demographic and housing information and 8 25 $4,320 Assessment minor text 8 Update Constraints Section This section will be updated to reflect new state 14 $3,000 law and new zoning categories Update Housing Resources Section Land use resources will be updated to reflect new 16 30 $6,240 RHNA allocation and HCD comments Update Housing Accomplishments IRevise section to reflect new RHNA cycle 10 20 $4,050 Update Housing Element Policies Coordinate with City to reflect HCD comments Assumes this will be coordinated with the GP 8 10 10 16 _ 8 $2,520 $4,490 Attend 1 Workshop Implementation Worshop Attend Housing Roundtable Coordinate Housing "roundtable" workshop 10 16 8 2 $4,740 (workshop 2) Maps !Update Housing Element maps (assumes new maps 4 $500 . 'twill be produced by the City) _ Format document Format Document including other minor edits 12 __ _. ! _. $1,380 Incorporate any City Comments Revise per City comments 8 14 8 2 $4,170 Coordinate HCD Comments Assumes one round of HCD comments. 16 20 2 $5,270 Project Management and Coordination with City (assumes project __ coordination with the City management, 1 in-person meeting and up to 3 18 22 8 4 $7,030 conference calls) Public Hearing Assumes 2'planning commission, and 2 City Council _ Hearing (including preparation of PowerPoint 20 24 4 $6,640 presentation) Total Hours 132 's 211 50 12 $54,350 Total Labor $21,780 $25320 1 $5750 $1,500 „ ' , ice'. Direct costs _ Mileage, photocoping,two poster boards, FeclEx. 2 copies of printed Housing Element are $450 _ SubconsultaM Admin Fee 15% $68 Total Direct Cosh /Expenses $518 TOTAL ESTIMATED COST 1 $54,868 1\ EM: An employee -owned company HOURLY BILLING RATES AND JOB CLASSIFICATIONS California Sciences and Planning Division Senior Division Manager/ Principal Technical Professional .................. ......................$190 —$260 / hour Senior Program Manager / Senior Project Director / Senior Planner IV / p Senior Scientist IV ................................................. ............................... ......................$175 —$220 / hour Program Manager / Senior Environmental Manager III / Project Director / Senior Planner III / Senior Scientist III .................. ............................... ......................$150 —$190 / hour Senior Environmental Manager / Senior Planner II / Senior Scientist II / Senior Engineer II .................................................. ............................... ......................$120 —$160 / hour Associate Environmental Manager / Associate Planner / Senior Scientist I .....................$95 —$125 / hour Environmental Specialist / Planner II / Scientist II ............................ ............................$85 —$110 / hour Environmental Analyst / Planner I / Scientist I ........................................ ........................$65 —$90 / hour Senior Administrator ......................................................................... ............................$90 —$120 / hour Senior Word Processor ...................................................................... ............................$ %5 —$100 / hour WordProcessor ...................................................................................... ........................$65 —$90 / hour Administrative ........................................................................................ ....................:...$55 —$80 / hour Technical Aide I / Technical Intern I ...................................................... ........................$45 —$65 / hour Mileage................................................................................................. ................:.............. $.485 / mile In addition, identifiable, nonsalary costs that are directly attributable to the project (i.e., travel, meals, lodging, auto rentals, printing and copies, graphic materials, phone charges, equipment and specialized computer charges, etc.) and subcontractor fees include a 15% administration charge to cover overhead and administration. 1. This schedule is effective until January 1, 2008, and is subject to annual and / or periodic revisions thereafter, as necessary to accommodate inflationary trends, salary adjustments, and the general costs of business. 2. Invoices will be subm tied by Consultant monthly. Client will notify Consultant, in writing, of any objections to an invoice within ten (10) days of the date of invoice. Otherwise, the invoice shall be deemed acceptable by the Client. Amounts indicated on invoices are due and payable immediately upon receipt. 3. A late payment finance charge at a rate of 18% per annum (or the maximum amount allowed per law if lower) will be applied to any unpaid balance commencing thirty (30) days after the dare of the original invoice. 4. Fees for litigation and expert witness services will be charged at $450.00 per hour with a 4 -hour minimum per day. City of !Newport Beach NO. BA- 08BA -034 BUDGET AMENDMENT 2007 -08 AMOUNT: $sa,s6s.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations from unappropriated General Fund Fund Balance for the Housing Element Update and related environmental review. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Amount Fund Account Description Debit Credit 010 3605 General Fund - Fund Balance $84,868.00 " REVENUE ESTIMATES (3601) Fund/Division Account Description EXPENDITURE APPROPRIATIONS (3603) Description Division Number 2710 Planning - Administration Account Number 8080 Services - Professional & Technical $84,868.00 Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Automatic System Entry. 'i Signed: /0) - /ot -e7 Financial Approval: Administ a Services Director Date Signed: / Administrative Ap oval: ity Manager at Signed: City Council Approval: City Clerk Date