HomeMy WebLinkAbout11 - BA-038 - Housing Element Preparation�aE°�°Okr CITY OF NEWPORT BEACH Hearing Date: March 27, 2001
PLANNING DEPARTMENT
0 o Agenda Item No.: 11
3300 NEWPORT BOULEVARD Staff Person: Patricia L. Temple
T NEWPORT BEACH, CA 92658 (949) 644 -3228
°�ciroaN`� (949) 644 -3200; FAX (949) 644 -3250
REPORT TO THE MAYOR AND CITY COUNCIL
SUBJECT: Budget Augment for Housing Element Preparation and Related Budget
Amendment
SUMMARY: A budget amendment to transfer $7,000 from Account # 2710 -7000
(Salaries) to Account # 2710 -8080 (Services — Professional and Technical),
and approval of an amendment to a Professional Services Agreement with
the consulting firm of Hogle- Ireland, Inc., to provide for completion of the
Housing Element.
ACTION: 1. Approve an amendment to the FY 2000 -2001 budget of the Planning
Department, and
2. Authorize the City Manager to execute an amendment to the
Professional Services Agreement with Hogle- Ireland, Inc.
Background
On October 19'h, 2000, the City Manager authorized an amendment to the Planning Department
budget to transfer funds from those appropriated for Salaries to Services — Professional and
Technical to provide funds to allow the retention of a consultant to prepare the Housing Element
Update as mandated by State law. This transfer could be accommodated due to significant salary
savings, which resulted from a number position vacancies. Concurrent with this action, the City
Manager executed a Professional Services Agreement with the consulting firm of Hogle- Ireland,
Inc. in the amount of $29,568 for the preparation of the Housing Element.
Discussion
The draft element is nearing completion. However, significant changes and additions requested by
staff has resulted in a request for additional funds. The attached letter from the consultant indicates
that an additional $6,848 will be necessary to complete the project. Staff has reviewed the request,
and believes that the additional amount is warranted given the number of changes to the draft
document requested by staff, as well as additional research into alternative programs not anticipated
in the original contract. Also, the consultant, who has several Housing Elements currently in review
at the State Department of Housing and Community Development, has identified significant
increased costs in responding to HCD's review of Housing Elements generally.
Because the total contract for the Housing Element will exceed $30,000 (new total budget of
$36,416), Council Policy F -14 requires City Council approval of the contract.
Submitted by:
SHARON Z. WOOD
Assistant City Manager
Prepared by:
PATRICIA L. TEMPLE
Planning Director
Attachments:
1. Professional Services Agreement with attachment
2. Professional Services Agreement amendment
3. Letter from Hogle- Ireland, Inc.
4. Budget Amendment
Housing Element
March 27, 2001
Page 2
AMENDMENT NO. 1
PROFESSIONAL SERVICES AGREEMENT
Housing Element
THIS AMENDMENT NO. 1 TO CONSULTANT AGREEMENT, made and
entered into this day of March, 2001, by and between the CITY OF NEWPORT
BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and Hogle- Ireland,
Inc., whose address 5 Corporate Park, Suite 160, Irvine, California 92606 (hereinafter
referred to as "CONSULTANT') is made with reference to the following:
RECITALS
A. On October 19, 2000, a Consultant Agreement was entered into by and
between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT."
B. CITY and CONSULTANT mutually desire to amend the AGREEMENT as
provided herein.
NOW, THEREFORE, the parties hereto agree as follows:
1. SERVICES TO BE PERFORMED BY CONSULTANT
The Consultant's scope of services shall remain the same and shall be in full
force and effect as set forth in AGREEMENT.
2. COMPENSATION TO CONSULTANT
Consultant's compensation shall be increased by six thousand, eight hundred
and forty -eight dollars ($6,848.00) for all work performed in accordance with the
AGREEMENT and shall not exceed the total contract price of thirty -six thousand, four
hundred and sixteen dollars ($36,416.00).
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT
NO. 1 on the date first above written.
CITY OF NEWPORT BEACH,
a municipal corporation
APPROVED AS TO FORM:
Robin Clauson
Assistant City Attorney
Homer Bludau
City Manager
CONSULTANT
ail
ATTEST:
LaVonne Harkless
City Clerk
Larry Hogle, Principal
Hogle- Ireland, Inc.
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• HOGLE- IRELAND
A Land Planning & Development Consulting Film
March 20, 2001
Ms. Sharon Wood
Assistant City Manager
Community and Economic Development
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658 -8915
Subject: Additional Work - City Housing Element
Dear Ms. Wood:
In accordance with our discussion on March 13, 2001, 1 have prepared an estimate
of the additional work necessary to modify and reformat the draft Newport Beach
Housing Element as you requested. In addition I have allocated some additional
staff time to respond to potential comments from the State Department of Housing
and Community Development (HCD). As I indicated in our meeting, it appears that
HCD is requesting much more detailed documentation of governmental constraints,
energy conservation opportunities, financing opportunities, and scheduling of
Housing programs, than it has in its review of previous housing elements.
Hopefully their comments on the Newport Beach will be limited, and we will not
have to expend the additional staff time, but to be conservative I thought we
should anticipate what it would take to respond to such comments if presented
with them.
Please review the estimate and let me know if we can proceed with the work. I
anticipate that we could have a revised draft Element to you by the end of this
month, assuming we can begin the work on March 19, 2001.
Should you have any questions or comments, please feel free to contact me at
(949) 553 -1427.
Sincerely,
Michael Thiele, AICP
Principal
5 Corporate Park, Suite 160, Irvine, California 92606 • 9491553 -1427 • FAX 9491553 -0935
I R V I N E• R I V E R S I D E
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ADDITIONAL WORK
CITY OF NEWPORT BEACH
2000 — 2005 HOUSING ELEMENT
Staff:
Principal
Project
Manager
Assistant
Project
Manager
Total
Hourly Rate:
$110.00
$ 88.00
$ 62.00
1.Create Appendix incorporating
selected technical support data
8
$496.00
2. Reformat Element
12
8
32
$4,008.00
3. Respond to HCD comments
14
1 16
8
$2,344.00
TOTAL
1 16
124
48
$ 6,848.00
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, entered into this �� / day of October, 2000, by and
between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to
as "City "), and Hogle- Ireland, Inc., whose address is 5 Corporate Park, Suite 160,
Irvine, California 92606, (hereinafter referred to as "Consultant'), is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under
the laws of the State of California with the power to carry on its business
as it is now being conducted under the statutes of the State of California
and the Charter of City.
B. City desires to engage Consultant to provide planning services upon the
terms and conditions contained in this Agreement.
C. The principal member of Consultant is, for purpose of this Project, Michael
Thiele. A. I. C. P.
D. City has solicited and received a proposal from Consultant, has reviewed
the previous experience and evaluated the expertise of Consultant, and
desires to contract with Consultant under the terms of conditions provided
in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
Parties as follows:
1. TERM
The term of this Agreement shall commence on the 2nd day of October 2000,
and shall terminate on the 28'" day of February 2001, unless terminated earlier as set
forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform the planning services for preparation of the
Housing Element as set forth in the proposal, attached hereto as Exhibit "A" and
incorporated herein by reference.
3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services in accordance with the proposal,
attached hereto as Exhibit "A" and incorporated herein by reference. No rate changes
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shall be made during the term of this Agreement without prior written approval of City.
Consultant's compensation for all work performed in accordance with this Agreement
shall not exceed the total contract price of Twenty Nine Thousand Five Hundred Sixty
Eight Dollars ($29,568).
3.1 Consultant shall maintain accounting records of its billings which includes
the name of the employee, type of work performed, times and dates of all work which is
billed on an hourly basis and all approved incidental expenses including reproductions,
computer printing, postage and mileage.
3.2 Consultant shall invoice City monthly for services rendered, based on the
rates in Exhibit "A" attached hereto. Total compensation for services under this
agreement shall not exceed $29,568.00. Invoices shall be payable by City within thirty
(30) days of receipt of invoice subject to the approval of City.
3.3 Consultant shall not receive any compensation for extra work without prior
written authorization of City. Any authorized compensation shall be paid in accordance
with Exhibit "A ".
3.4 City shall reimburse Consultant only for those costs or expenses which
have been specifically approved in this Agreement, or specifically approved in advance
by City.
4. STANDARD OF CARE
4.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the services required by this Agreement, and that it will
perform all services in a manner commensurate with the community professional
standards. All services shall be performed by qualified and experienced personnel who
are not employed by City nor have any contractual relationship with City. Consultant
represents and warrants to City that it has or shall obtain all licenses, permits,
qualifications and approvals required of its profession. Consultant further represents
and warrants that it shall keep in effect all such licenses, permits and other approvals
during the term of this Agreement.
4.2 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of
strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely
information or to approve or disapprove Consultant's work promptly, or delay or faulty
performance by City, contractors, or governmental agencies, or any other delays
beyond Consultant's control or without Consultant's fault.
5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not
an employee of City. The manner and means of conducting the work are under the
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control of Consultant, except to the extent they are limited by statute, rule or regulation
and the expressed terms of this Agreement. Nothing in this Agreement shall be
deemed to constitute Consultant or any of Consultant's employees or agents, to be the
agents or employees of City. Consultant shall have the responsibility for and control
over the details in means of performing the work provided that Consultant is in
compliance with the terms of this Agreement. Anything in this Agreement which may
appear to give City the right to direct Consultant as to the details of the performance of
the services or to exercise a measure of control over Consultant shall mean that
Consultant shall follow the desires of City only with respect to the results of the
services.
6. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator, and any other agencies that may have jurisdiction or interest in
the work to be performed. City agrees to cooperate with the Consultant on the Project.
7. CITY POLICY
Consultant will discuss and review all matters relating to policy and project
direction with the Project Administrator in advance of all critical decision points in order
to ensure that the Project proceeds in a manner consistent with City goals and policies.
8. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state
and federal law, regulations and permit requirements and be subject to approval of the
Project Administrator and City.
9. HOLD HARMLESS
Consultant shall indemnify, defend, save and hold harmless City, its City Council,
boards and commissions, officers and employees from and against any and all loss,
damages, liability, claims, allegations of liability, suits, costs and expenses for damages
of any nature whatsoever, including, but not limited to, bodily injury, death, personal
injury, property damages, or any other claims arising from any and all negligent acts or
omissions of Consultant, its employees, agents or subcontractors in the performance of
services or work conducted or performed pursuant to t`iis Agreement. This indemnity
shall apply even in the event of negligence of City, or its employees, or other
contractors, excepting only the sole negligence or willful misconduct of City, its officers
or employees, and shall include attorneys' fees and all other costs incurred in defending
any such claim. Nothing in this indemnity shall be construed as authorizing any award
of attorneys' fees in any action on or to enforce the terms of this Agreement.
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10. INSURANCE
Without limiting Consultants indemnification of City, and prior to commencement
of work, Consultant shall obtain and provide and maintain at its own expense during the
term of this Agreement policy or policies of liability insurance of the type and amounts
described below and satisfactory to City. Certification of all required policies shall be
signed by a person authorized by that insurer to bind coverage on its behalf and must
be filed with City prior to exercising any right or performing any work pursuant to this
Agreement. Except workers compensation, all insurance policies shall add City, its
elected officials, officers, agents, representatives and employees as additional insured
for all liability arising from Consultant's services as described herein.
All insurance policies shall be issued by an insurance company currently
authorized by the Insurance Commissioner to transact business of insurance in the
State of California, with an assigned policyholders' Rating of A (or higher) and Financial
Size Category Class VII (or larger) in accordance with the latest edition of Bests Key
Rating Guide: unless otherwise approved by the City Risk Manager.
A. Worker's compensation insurance covering all employees and principals
of Consultant, per the laws of the State of California.
B. Commercial general liability insurance covering third party liability risks,
including without limitation, contractual liability, in a minimum amount of
$1 million combined single limit per occurrence for bodily injury, personal
injury and property damage. If commercial general liability insurance or
other form with a general aggregate is used, either the general aggregate
shall apply separately to this Project, or the general aggregate limit shall
be twice the occurrence limit.
C. Commercial auto liability and property insurance covering any owned and
rented vehicles of Consultant in a minimum amount of $1 million
combined single limit per accident for bodily injury and property damage.
Said policy or policies shall be endorsed to state that coverage shall not be
canceled by either party, except after thirty (30) days' prior notice has been given in
writing to City. Consultant shall give City prompt and timely notice of claim made or suit
instituted arising out of Consultant's operation hereunder. Consultant shall also procure
and maintain, at its own cost and expense, any additional kinds of insurance, which in
its own judgment may be necessary for its proper protection and prosecution of the
work.
Consultant agrees that, in the event of loss due to any of the perils for which it
has agreed to provide comprehensive general and automotive liability insurance,
Consultant shall look solely to its insurance for recovery. Consultant hereby grants to
City, on behalf of any insurer providing comprehensive general and automotive liability
insurance to either Consultant or City with respect to the services of Consultant herein,
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a waiver of any right of subrogation which any such insurer of said Consultant may
acquire against City by virtue of the payment of any loss under such insurance.
11. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or
any for the services to be performed under this Agreement, directly or indirectly, by
operation of law or otherwise without prior written consent of City. Any attempt to do so
without consent of City shall be null and void.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or joint
venturer or syndicate member or cotenant if Consultant is a partnership or joint venture
or syndicate or cotenancy, which shall result in changing the control of Consultant, shall
be construed as an assignment of this Agreement. Control means fifty percent (50 %)
or more of the voting power, or twenty -five percent (25 %) or more of the assets of the
corporation, partnership or joint venture.
12. OWNERSHIP OF DOCUMENTS
Each and every report, draft, work product, record and other document
reproduced, prepared or caused to be prepared by Consultant pursuant to or in
connection with this Agreement shall be the exclusive property of City.
Documents prepared by Consultant pursuant to this Agreement are not intended
or represented to be suitable for reuse by City or others on any other project. Any use
of completed documents for other projects and any use of incomplete documents
without specific written authorization from Consultant will be at City's sole risk and
without liability to Consultant. Further, any and all liability arising out of changes made
to Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for such
changes unless City has given Consultant prior notice and has received from
Consultant written consent for such changes.
Consultant shall, at such time and in such form as the City may require, furnish
reports concerning the status of services required under this Agreement.
13. CONFIDENTIALITY
The information which results from the services in this Agreement is to be kept
confidential unless the release of information is authorized by City.
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14. ADMINISTRATION
This Agreement will be administered by Assistant City Manager Sharon Wood,
who shall be considered the Project Administrator and shall have the authority to act for
City under this Agreement. The Project Administrator or his /her authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
15. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement. All such records shall
be clearly identifiable. Consultant shall allow a representative of City to examine, audit
and make transcripts or copies of such records during normal business hours.
Consultant shall allow inspection of all work, data, documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment under this Agreement.
16. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to constitute a
failure to pay according to the terms of this Agreement. Consultant shall not
discontinue work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or his designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of
seven percent (7 %) per annum from the date of withholding of any amounts found to
have been improperly withheld.
17. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than would have
resulted if there were not errors or omissions in the work accomplished by Consultant,
the additional expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
18. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with the Project.
19. CONFLICTS OF INTEREST
A. The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose financial interest that may foreseeably be materially
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affected by the work performed under this Agreement, and (2) prohibits
such persons from making, or participating in making decisions that will
foreseeably financially affect such interest.
B. If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for
termination of this Agreement by City. Consultant shall indemnify and
hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
20. SUBCONSULTANT AND ASSIGNMENT
Except as specifically authorized under this Agreement, the services
included in this Agreement shall not be assigned, transferred, contracted or
subcontracted without prior written approval of City.
21. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the third business day after the deposit thereof in the United States
mail, postage prepaid, first class mail, addressed as hereinafter provided.
All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
City of Newport Beach
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA, 92658 -8915
Phone — (949) 644 -3200
Fax — (949) 644 -3020
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attention: Michael Thiele
Hogle- Ireland, Inc.
5 Corporate Park
Suite 160
Irvine, CA 92606
Phone — (949) 553 -1427
Fax — (949) 553 -0935
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22. TERMINATION
In the event either part hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a
period of two (2) days, or if more than two (2) days are reasonably required to cure the
default and the defaulting party fails to give adequate assurance of due performance
within two (2) days after receipt of written notice of default, specifying the nature of such
default and the steps necessary to cure such default, the non - defaulting party may
terminate the Agreement forthwith by giving to the defaulting party written notice
thereof.
22.1 City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to Consultant
as provided herein. Upon termination of this Agreement, City shall pay to the
Consultant that portion of compensation specified in this Agreement that is earned and
unpaid prior to the effective date of termination.
23. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules
and regulations enacted or issued by City.
24. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach of the
same or any other term, covenant or condition contained herein, whether of the same
or a different character.
25. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the Parties hereto, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions herein. Any modification of this
Agreement will be effective only by written execution signed by both City and
Consultant.
26. PATENT INDEMNITY
The Consultant shall indemnify City, its agents, officers, representatives and
employees against liability, including costs, for infringement of any United States' letters
patent, trademark, or copyright infringement, including costs, contained in Consultant's
drawings and specifications provided under this Agreement.
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed on the day and year first written above.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH
A Municipal Corporation
By: By: -•
Robin Clawson Homer Bludau
Assistant City Attorney City Manager
for the City of Newport Beach for the City of Newport Beach
ATTEST:
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LaVonne Harkless
City Clerk
CONSULTANT
ON
0
15
t
PROPOSAL TO PROVIDE CONSULTING
PLANNING SERVICES
City of Newport Beach
Submitted to:
City of Newport Beach
Community and Economic Development
P.O. Box 1768
Newport Beach, CA 92658 -8915
Submitted by:
Hogle- Ireland, Inc.
5 Corporate Park, Suite 160
Irvine, CA 92606
September 13, 2000
• HOGLE- IRELAND
4
A Land Plnnnmg & Develvyment COnsulfi n,( nnn
S
• I HOGLE- IRELAND
A Land Planning & Development Consulting Finn
September 13, 2000
Ms. Sharon Z. Wood
Assistant City Manager
Community and Economic Development
City of Newport Beach
P. O. Box 1768
Newport Beach, CA 92658 -8915
Subject: Scope of Work and Cost Proposal for City Housing Element
Dear Ms. Wood:
Hogle- Ireland is pleased to submit the attached "Scope of Work" for preparation of the
City of Newport Beach Housing Element (2000). The Scope of Work outlines
components of the anticipated Housing Element update, products to be produced, and a
proposed budget. We will focus on updating population, household and housing market
information, on evaluating the current Newport Beach Housing Element, on identifying
potential non- govennnental and governmental constraints to providing housing in the
City; and on producing a comprehensive update to the Housing Element that contains
appropriate goals and policies for maintaining, improving, and developing housing in the
City. Additionally, we have recommended public workshops be conducted before the
Newport Beach Planning Commission and City Council to solicit input on the Housing
Element work prior to the Planning Commission and City Council Public Hearings.
Hogle- Ireland is committed to completing the Housing Element update according to the
City schedule.
Our budget for the Housing Element (2000) is $28,968, inclusive of staff assignment
costs, reproduction costs, and miscellaneous costs. It is our understanding the City may
wish to provide City staff at an "Assistant Project Manager" level. Should the City
choose to assign its staff to Hogle- Ireland, Inc. to assist in the Housing Element update,
our budget will be reduced accordingly by $7,440 (to a total $21,528).
Should you have any questions or comments regarding; our proposed Scope of Work,
please contact Mike Thiele or Albert Armijo of our office at (949) 553 -1427. Thank you
for this opportunity to work with you.
Sincerely,
,t-� --JZZZ
Michael Thiele, AICP
Principal
,
5 Corporate Park, Suite 160. In-inc, California 92606 • 9-19 . 553 -1427 • !. \s 949 553 -0935 • www. 11 ogl e i nda 116 k.onl
IR \'i NE R1 \' ERSI DE
PROPOSAL CONTENTS
Introduction................................................. ..............................I
Scopeof Work ............................................... ..............................2
Budset......................................................... ..............................7
Consultant Team/Consultant Team Resumes ............ ..............................8
Proposal to Provide Planning Services
City of Newport Beach
September 13. 2000
Page i
I6
INTRODUCTION
Hogle- Ireland. Inc. is pleased to submit this proposal for preparation of the City of
Newport Beach Housing Element Update (2000). Hogle- Ireland understands the City is
seeking assistance of a consultant to prepare a comprehensive update of its existing
Housing Element that will retain its current compliance status from the State Department
of Housing and Community Development and that Nyill be consistent with other elements
of the City of Newport Beach General Plan. The focus of the Housing Element (2000)
will be the followin,:
• To reflect current housing needs and conditions:
• To evaluate City housing policies and programs;
To provide a comprehensive analysis that can be used efficiently for future
work; and.
• To identify and evaluate potential funding sources for housing programs
implementation.
APPROACH TO THE HOUSING ELEMENT
The goal in revising the City of Newport Beach Housing Element is to develop a
comprehensive housing program that addresses identified needs of present and future
residents of Newport Beach relating to affordability. availability. and adequacy of the
City's housing stock. Criteria to be used in developing the City housing program will
include the following: 1) satisfaction of State legislation; 2) acceptability to the
community and to local decision - making bodies: and 3) feasibility. according to staff and
budget constraints. The challenge in developing the City Housing Element is to produce
an analysis of existing conditions, needs, and constraints that will reflect workings of the
local housing market. that will provide a basis for policy and program development, and
that will be useful in other areas. such as land use planning. redevelopment, and
economic development.
Our approach to meeting this challenge involves three element dominant components.
The initial component is to ensure the housing needs analysis is sufficiently thorough to
reveal relative magnitude of different types of housing need and to identify resources and
constraints relevant to meeting those needs. Thereby. the needs assessment provides a
sound basis for development of housing programs. The second component is to work
closely with City staff to understand how existing programs are affecting housing
conditions so those programs can be revised appropriately to satisfy identified needs.
The third component is to maintain close contact with the State Department of Housing
and Community Development throughout the Housing Element process to ensure
Housing and Community Development concerns are addressed and the Housing Element
receives Housing and Community Development approval.
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CITY OF NEWPORT BEACH — HOUSING ELEMENT (2000)
SCOPE OF WORK
The following outlines our proposed scope of work for preparation of the 2000 — 2005
Housing Element for Newport Beach. The scope of work is organized on a "task" basis.
Housing data will be summarized in chart format and will be depicted graphically where
appropriate to enhance Element readability.
COMPONENTS OF COMPREHENSIVE HOUSING ELEN'IENT UPDATE
a. Population, Household, and Housing Market Information Update
Hogle- Ireland will review the existing City Housing Element and other available
data to identify additionally required information Hogle- Ireland subsequently
will discuss appropriate and feasible means of remedying data deficiencies.
I ) Current Information about City population. households, employment, and
income will be reviewed and supplemented. Census data (1990) will be
supplemented with information from the Southern California Association of
Governments. Department of Finance, Bureau of Labor Statistics. and
Employment Development Department. Hogle- Ireland will provide the
following demographic and household information.
• Current population and population growth trends
• Population characteristics, including age distribution. race /ethnicity, and
gender
• Household characteristics; including number of households. household
size, overcrowding, family and female - headed households, and level of
payment versus ability to pay
• City household income in comparison to region income, income
differences by census tract. persons living in poverty by subgroup (female -
headed households. elderly, children)
2) Information regarding special housing needs groups, including disabled,
elder[ v. large himilies. female- headed househrolds. and homeless will be
obtained. Interviews will be conducted with key service providers to
determine specific unmet needs of such population groups in Newport Beach.
3) Current (2000) information about housing stock will be accumulated,
including unit mix and tenure, housing rental rates and sales prices, and
housing age and condition. A variety of sources will be examined, including
the following: Department of Finance. Construction Industry Research Board,
Data Quick Real Estate Market Information Services. local Board of Realtors
and Apartment Owners Association. and advertised rentals listed in local
newspapers and the Los Angeles Times. Information on location and extent
of housing deterioration in the City of Newport Beach will be derived from
interviews with City Housing Code enforcement and rehabilitation staff.
4) Inventory will be taken of location and development capacity of vacant and
underutilized land in the City suitable for new residential development during
2000 — 2005. Houle- Ireland will evaluate adequacy of such site inventory in
fulfilling City 2000 — 2005 regional housing needs allocation.
Houle- Ireland will analyze identified demographic and housing information to
assess the following.
• Characteristics of existing households within the City of Newport Beach
and any projected changes to such households
JUNtaposition between housing needs of the City population and available
housing
• Relationship of cost of housing in the City to income of its residents - an
analvsis will be conducted to compare existing household incomes with
availability of rental and for -sale housing affordable to such households
b. Evaluation of Assisted Housing Stock at Risk of Conversion to Market Rate
The Housing Element must document deed - restricted low income rental housing
projects at risk of converting to non -low income uses between January 1, 2001
and December 31. 2005 due to termination of subsidy contracts, mortgage
prepayment; or expiration of restrictions on use.
Housing Element legislation defines "assisted" housing developments as
federally- assisted projects. units developed with state or local multi - family
revenue bond programs, local redevelopment programs and/or local in -lieu fees;
and units used to qualify for a State density bonus. Houle- Ireland will work with
Cite staff to develop an inventory of assisted housing in the City. to determine the
earliest date of subsidy termination, and to confirm prepayment status of near -
term and potentially expired projects. For "at risk" units. Hogle- Ireland will
identify costs of preserving and/or replacing units, :,dentifc available financial and
organizational resources for preserving and/or replacing units. quantify objectives
for units to be preserved. and identify programs for preserving units.
C. Energy Conservation Opportunities
Houle- Ireland will address provisions of Title 24 of the California Administrative
Code. which mandates energy conservation in new residences. as those provisions
relate to provision ofnew residences in the City of Newport Beach.
3
d. Potential Housing Constraints
Hogle- Ireland will prepare an updated analysis of potential constraints on
maintenance, improvement. or development of housing in the City of Newport
Beach which will include market conditions (construction costs, land costs,
availability of financing) and public policy discussion of zoning, residential
development standards. codes and enforcement, on -site and off -site
improvements. fees. taxes. and processing /permit procedures. The Housing
Element also will include a discussion of incentives offered by the City for
provision of affordable housing (e.g. density bonus, modified development
standards. fee reductions).
e. Review of Existing City of Newport Beach Housing Element
Hogle- Ireland will work with City of Newport Beach staff to determine
achievements under adopted housing programs in the Newport Beach Housing
Element and to evaluate effectiveness of these programs in delivering housing
services. This analysis and evaluation will include a description of the Cite
production of new, affordable housing during the planning period and comparisons
of market rate and assisted housing production with City identified regional
housing growth needs.
Products: Draft Housing Needs Assessment
Review of Cite Program Accomplishments
f. Planning Commission /City Council Workshops
Hogle- Ireland recommends conducting workshops with the City of Newport
Beach Planning Commission and City Council prior to drafting Housing Element
policies and programs to present findings of the housing needs assessment and to
review City housing programs. The goal of the workshops will be to solicit input
from City elected and appointed discretionary authorities regarding potential new
programs and /or information addressed in the draft Housing Element or
information suggested for inclusion in the draft Housing Element.
g. Draft Housing Element
The Cite of Newport Beach Housing Element will be updated comprehensively,
based on evaluation conducted in prior phases. input from City staff and officials,
and input from the community. A Preliminary Draft Housing Element will be
developed. This Element will contain a comprehensive program that
accomplishes the following
• Identifies availability of sites for development of housing types for all
income levels. including rental housing, factory -built housing. mobile
4
homes, emergency shelters and transitional housing to satisfv Citv
- identified housing needs
Contains programs to assist in development of adequate housing to satisfv
needs of low- and moderate - income households
• Addresses and mitigates (where appropriate) constraints government
imposes on maintenance, improvement, and development of housing
Contains programs to preserve and improve City existing affordable
housing stock
Ensures housing opportunities are available for all persons regardless of
age, religion. gender, marital status, ancestry, national origin, or color
Achieves consistency with general plan elements and community goals
Housing goals will be identified for the City related to affordability, availability,
and adequacy of City housing stock. Corresponding housing policies will be
provided to establish specific guidance actions and clear commitments to the
goals. Each policy will be related to one or more implementing programs that
will specify five -year housing goals, funding sources, implementation time
frames, and agencies responsible for program implementation.
The Housing Element will evaluate whether the City will be able to meet its
future housing growth needs. based on evaluation of the Regional Housing Needs
Assessment. Should there exist a problem in the City's ability to meet its
Regional Housing Needs allocation based on available resources, Hogle - Ireland
will define more realistic quantified objectives for the City as permitted under
State legislation.
Houle - Ireland will make appropriate revisions to the Preliminary Draft Housing
Element based on City staff direction. Hogle - Ireland will prepare a public review
Draft Housing Element for submittal to the State to initiate the review period.
The Draft Housing Element also will be made available in public locations for
review and comment.
Products: Preliminary Draft Housing Element
Public Revieiv of Draft Housing Element
h. Public Review and Finalization
After receipt of Housing and Community Development comments regarding the
Draft Housing Element. Hogle - Ireland will compose a memorandum that
identifies recommended changes to the Housing Element requisite to achieve
Housin , and Community Development compliance. Hogle - Ireland will assist
J
City of Newport Beach staff to conduct Ci£v Council and Planning Commission
Public hearings on the Draft Housing Element. All comments and changes arising
from these hearings will be prepared for incorporation into the final document.
Should Housing and Community Development approval of the Housing Element
not be obtained. Hogle- Ireland will assist the City of Newport Beach in preparing
written findings to be included in the resolution of adoption. Those findings will
explain reasons the City believes the Element substantially complies with
requirements of Housing Element legislation.
Products: Men:orand:un identifying recommended changes to Draft Housing
Element
Adopted Housing Element
Findings (as necessar })
2. MEETINGS
The purpose of the proposed public workshops before the Planning Commission
and City Council would be to present City discretionary authorities with a
summary of housing needs and programs and to solicit input on potential new
programs for the Housing Element. Cost for such workshops is itemized
separately in the project budget, and includes preparation of summary materials
used in Hogle- Ireland presentations and as workshop(s) handouts. The project
budget also includes attendance at one Planning Commission Public Hearing and
one City Council Public Hearing.
3. PRODUCTS
The following products are included in our scope of services. We have presumed
a given number of document copies that may be revised based on further
discussion with City of Newport Beach staff.
Draft Housing Needs Assessment/Review of Program Accomplishments
(5 copies)
• Planning Commission/City Council Workshops materials (10 copies)
• Preliminary Draft Housing Element (3 copies)
Public Review Draft housing Element (10 copies)
• Memorandum identifying recommended changes to Draft Housing
Element (one reproducible copy)
i
• Adopted housing Element (10 copies; one reproducible original; computer
diskette)
6
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BUDGET
CITY OF NEWPORT BEACH
2000 — 2005 HOUSING ELEMENT
Staff:
Project
Manager
Assistant
Project
Manager
Graphics
Designer
Word
Proc.
Total
Hourly Rate:
S 88.00
$ 62.00
$ 65.00
$ 38.00
l.a. Population. Household.
Housing Market Analysis
54
32
8
12
$ 7.712
l.b. At Risk Assisted Housing
Stock Analysis
6
6
2
-
$ 1.030
I.e. Energy Conservation
Opportunities
2
S 124
l.d. Potential Housing Constraints
30
12
-
S 3.384
Le. Evaluation of Existing
Housing Element
24
8
-
2
$ 2.684
1.f. Plannim Commission/
Citv Council Workshops
1 6
8
4
4
$ 1.436
IS. Draft Housing Element
64
32
10
16
$ 8;874
l.h. Public Review /Finalization
1 6
10
2
1 $ 1.224
2. Public Hearings
10
10
$ 1.500
Reproduction
$ 600
Travel Postage. Telephone.
Miscellaneous
S 400
TOTAL HOUSING ELEMENT
200
120
24
36
$ 28.968
7
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CONSULTANT TEAM
Resumes for all members of the consultant team are included in this proposal.
The Principal -in- charge (responsible representative) representing Hogle- Ireland, Inc. will
be Michael Thiele. Principal. Mr. Thiele will provide project direction on behalf of
Hogle- Ireland, Inc.
The Hogle- Ireland project team will include the following:
.Albert Artnijo — Project Manager
Tiffanv Mueller — Assistant Project Manager
These individuals are exceptionally well qualified to provide services for this project. As
evident in their resumes, both have extensive experience with public agencies, and
public- and private- sector projects. Additionally, both have an ability to present
information clearly to discretionary authorities and to the public.
If requested, we will provide the City of Newport heath a complete Hogle- Ireland, Inc.
organization than depicting all planning staff.
8 (
MICHAEL THIELE, A. I. C. P.
Principal
SUMMARY OF QUALIFICATIONS AND EXPERIENCE
Mr. Thiele has extensive experience in public planning organizations and has worked for various diverse communities
within the State of California. He has an in -depth understanding of State Planning Laws, and the numerous tools that are
utilized to implement those laws. This expertise includes development and implementation of: comprehensive planning
programs, inter- agency planning programs, and planning organizational structures. He has coordinated the review,
analysis, and development of plans for a full spectrum of land uses ranging from industrial complexes, commercial
complexes, residential communities, and other specialized urban uses, to active and passive open space areas.
PROFESSIONAL EXPERIENCE
Hogle- Ireland, Inc. - Principal: A development consulting firm with offices in Irvine and Riverside, California. Mr.
Thiele has served as contract Community Development Director in the City of Laguna Hills, and has supervised processing
of several large coastal specific plans.
City of Davis - Community Development Director: Responsible for administration and direction of two divisions:
Planning and Building, with a total staff of 36. Developed and implemented revised organizational structure for the
department thereby improving the service level and efficiency of the department. Recruited, hired, and developed a core
team of excellent planning staff.
City of Irvine - manager of Planning Services: Responsible for long -range planning programs, inter - jurisdictional
planning programs, and development and implementation of a comprehensive data management program for the City's
General Plan.
City of San Clemente - Senior Planner: Mid -level management position responsible for administration of all planning
programs. Directed consultants on the preparation of a local coastal plan and a Community Parks Master Plan for the
Cirv.
City of Santa Ana - Planner: Responsible for preparation of staff reports on all types of planting applications
PROFESSIONAL AFFILIATIONS
Member, American Institute of Certified Planners
American Planning Association
Urban Land Institute
EDUCATION
California State University, Long Beach
Bachelor of Arts. Geography
University of California, Irvine
Certificate in Environmental Planning
J
s
�1
ALBERT GEORGE ARMIJO
Project Manager
SUMMARY OF QUALIFICATIONS AND EXPERIENCE
Mr. Armijo has substantial experience in both public and private land planning organizations. He is well
versed at the interpretation of and methods to comply with government codes, policies, and regulations.
Strong interpersonal skills have been developed through direct involvement with elected and appointed public
officials and decision makers in private organizations. His knowledge of public organizations, experience with
land use regulations, policies and procedures, and his ability to work cooperatively with all staff levels and
officials enhances his ability to develop creative and practical solutions to development and regulatory
obstacles.
PROFESSIONAL EXPERIENCE
Hogle- Ireland, Inc. - Project Manager: A development consulting firm.
Armijo Land Use Development Services, Planning Consultant. Provided professional consulting services
to large and medium -sized land development corporations with accountability for project management,
including site feasibility, specific plan preparation, environmental assessment analysis and documentation, and
project progress. Preparation and recruitment of Requests for proposals for subconsultants for the
development of technical studies. Conduct land use studies, identify actual and potential development
effectiveness. Effectively manage time and multiple tasks to consistently meet deadlines in zone changes, site
development permits. annexation requests, general plan amendment, zone change, subdivision maps for large,
complex projects including commercial and mixed -use golf course communities.
Shapell Industries, Project Manager. Responsibilities included management of large -scale project
entitlement, including coordinating development of and processing, area plans, site development permits,
conditional use permits and environmental documentation for large planned community. Established
productive advocacy relationships with community groups, local and State agencies. Assessed physical,
financial and environmental constrains for incorporation of Planned Community into the City of Laguna
Niguel.
County of Orange, Planner. Responsible for assisting current planning activities, including development
and implementation of specific plans, environmental impact report mitigation monitoring programs and data
composition and analysis. Assisted in composition of zoning texts, including planned community regulations
and specific plans for more than ten planned communities in south Orange County. Participated in
formulation of General Plan updates, local coastal plans for Sunset Beach, Newport Dunes and Bolsa Chica.
Over 190 public presentations before the Orange County Planning Commission.
EDUCATION
University of California, Berkeley, CA - PhD candidate, Comparative Ethnic Studies
Indiana University, Bloomington. IN - M.A. History and American Studies
University of California, Irvine, CA - B.A. (2) History; Comparative Culture
TIFFANY MUELLER
Assistant Project Manager
SUMMARY OF QUALIFICATIONS AND EXPERIENCE
Ms. Mueller is a planner with impressive planning skills, which began at UCI, were refined at UCLA and grounded in practicality
through intense public sector experience. She has received the Los Angeles Section APA Academic Award, the California Chapter
APA Academic Award and the AICP National Academic Award in Planning. Her training and experience provide her with
excellent skills as an adjunct staff for cities in a variety of capacities.
PROFESSIONAL EXPERIENCE
Hogle- Ireland, Inc., Irvine, CA - Assistant Project Manager: Ms. Mueller has joined the firm to provide services to public and
private sector clients in development review and management, assistance in developing and revising general plans, specific plans,
ordinances and codes.
County of San Diego, CA - Associate Planner: As a staff planner, Ms. Mueller processed a variety of discretionary permits,
prepared decisions and staff reports and presented cases to hearing bodies. As a Project Manager, Ms. Mueller ensured and
coordinated the timely processing of each permit application and reviewed the applications for consistency with regulations,
Ordinances and Acts. Ms. Mueller was responsible for co- developed the planning boilerplate for the County's Environmental
Assessment Form and for initiating the Customer Service Task Force on improving the coordination and communication between
departments.
University of California, Los Angeles, CA - Special Reader /Professor's Aid: As a professor's aid, Ms. Mueller researched
current planning projects for examples to be discussed in the graduate class of Physical Planning and assisted the professor with all
aspects of organizing a class including retrieving books and creating readers, handouts and overheads. Ms. Mueller assisted the
graduate students with bi- monthly projects holding regular office hours to provide input and to answer questions.
City of Costa Mesa, Planning Department, Costa Mesa, CA - Planning Intern: As a planning intern, Ms. Mueller updated land
records, inputted information on databases, checked and processed affordable rental unit applications, and prepared reports and
recommendations related to zoning and land use.
University of California, Irvine, CA - Research Assistant: Under the direction of a UCI professor, Ms. Mueller participated in
the evaluation of land -use change and transportation behavior, reviewed and summarized court orders regarding the consent decree
and gained extensive experience with research design and data analysis.
PROFESSIONAL AFFILIATIONS
American Planting Association
EDUCATION
B.A. - Environmental Analysis and Design
Minor in Political Science
University of California, Irvine, CA
M.A. - Urban Planning
University of California, Los Angeles, CA
Thesis:The Physical, Social and Economic Revitalization of the Byzantine Latino Quarter.
City of Newport Beach
BUDGET AMENDMENT
2000 -01
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
Increase Expenditure Appropriations
PX Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
PI from additional estimated revenues
from unappropriated fund balance
EXPLANATION:
NO. BA- 038
AMOUNT: 57,000.00
Increase in Budgetary Fund Balance
AND Decrease in Budgetary Fund Balance
X No effect on Budgetary Fund Balance
This budget amendment is requested to provide for the following:
To transfer funds from salaries to provide for the retention of a consultant to
Element Update as mandated by State law.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
010 3605
REVENUE ESTIMATES (3601)
Fund /Division Account
EXPENDITURE APPROPRIATIONS (3603)
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Signed:
Signed:
Administrative
Description
Fund Balance
Description
Description
2710 Planning - Administration
7000 Salaries - Miscellaneous
2710 Planning - Administration
8080 Services - Professional & Technical
the
Amount
Debit Credit
$7,000.00
• Auromatk
$7,000.00
e? _
3 -,p2 d,/
Administrative Se ' es Director
Date
i
O
rva
,V'City manager
Da
Signed:
City Council Approval: City Clerk Date