Anaheim City Council
March 4, 2025

PROFESSIONAL SERVICES AGREEMENT
By and Between the

CITY OF ANAHEIM
and
KIMLEY-HORN AND ASSOCIATES, INC.

Section 1.

1.1 1.2
Section 2.

2.1 2.3

2.4 2.5

2.6 2.7
Section 3.

Section 4.

4.1 4.2

4.3 Section 5.

5.1 5.2

5.3 5.4
Section 6.

6.1 6.2
Section 7.

7.1 7.2

7.3 7.4
Section 8.

8.1 8.2
Section 9.

9.1 9.2

9.3 9.4

9.5 TABLE OF CONTENTS
Status of Parties ................................................................................................... 1 City ...................................................................................................................... 1 Consultant. ........................................................................................................... 2 Services of Consultant .......................................................................................... 2 Scope of Services ................................................................................................. 2 Time for Performance .......................................................................................... 2 Compliance with Law .......................................................................................... 2 Licenses, Permits, Fees and Assessments ............................................................. 2 Nondiscrimination ................................................................................................ 3 Familiarity with Work .......................................................................................... 3 Term .................................................................................................................... 3 Compensation ..................... '" ...................................... '" ..................................... 3 Amount of Compensation .................................................................................... 3 Billing and Payment Procedures ........................................................................... 3 Maximum Compensation ..................................................................................... 3 Coordination of Services ...................................................................................... 3 Representative of City .......................................................................................... 4 Representative of Consultant. ....................................... '" ..................................... 4 Prohibition Against Subcontracting and Assignments .......................................... .4 Independent Contractor ........................................................................................ 4 Insurance and Indemnification ............................................................................. 4 Insurance ............................................................................................................. 4

6.1.1 Required Insurance Coverage ................................................................... 5

6.1.2 Required Clauses in Policies ..................................................................... 5

6.1.3 Required Certificates and Endorsements ................................................... 6

6.1.4 Remedies for Defaults Re: Insurance ........................................................ 6 Indemnification .................................................................................................... 7 Enforcement of Agreement .................................................................................. 7 Events of Default. ................................................................................................ 7 Immediate Termination for Consultant's Default.. ................................................ 8 Termination Without Cause ................................................................................. 8 Suspension For Non-Payment. ............................................................................. 8 Use and Ownership of Documents and Data ......................................................... 8 Data to be Furnished by City ................................................................................ 8 Ownership of Documents ..................................................................................... 8 Miscellaneous Provisions ..................................................................................... 8 Waiver ................................................................................................................. 8 Notices ................................................................................................................. 8 Relationship of Parties ......................................................................................... 9 No Third Party Rights .......................................................................................... 9 Non-Liability of Members, Officials and Employees of the City .......................... 9

9.6 Controlling Law ............ ~ .................................................................................... 10

9.7 Implementation .................................................................................................. 1 0

9.8 Remedies Cumulative ........................................................................................ 1 0

9.9 Effect of Invalidity ............................................................................................. 10

9.10 Successors and Assigns ...................................................................................... 10

9.11 Entire Agreement. .............................................................................................. 1 0

9.12 Authority ........................................................................................................... 10

9.13 Conflicts of Interest. ........................................................................................... l 0

9.14 Time for Acceptance of Agreement by City ....................................................... 11

9.15 Effective Date .................................................................................................... 11

EXHIBITS
Exhibit "A"
Exhibit "B"
Scope of Services
Schedule of Compensation

PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICES AGREEMENT (this "Agreement"), dated for purposes of identification only as of (the "Date of Agreement"), is made and entered into by and between
CITY OF ANAHEIM, a municipal corporation and charter city (the "City"), A
N
D
KIMLEY-HORN AND ASSOCIATES, INC., a North Carolina corporation (the "Consultant").

RECITALS
A. The City previously issued a Request for Proposals (the "RFP") seeking proposals from qualified firms to prepare an update of the General Plan Housing Element, including amendments to related General Plan elements for consistency purposes, amendments to the City'S Zoning Code and Zoning Map, preparation of a Program Environmental Impact Report, and development and execution of an Anaheim Pro-Housing Policy and Implementation Plan to realize Housing Element goals and policies to accelerate housing production and streamlined preparation of Housing Element Annual Progress Reports (the "Services"). A copy ofthe RFP is on file in the Department of Planning and Building of the City of Anaheim and is incorporated herein by this reference.

B. In response to the RFP, Consultant has submitted that certain "Proposal for General Plan Housing Element Update and Related Activities to Accelerate the Production of Housing" dated October 30, 2020 (the "Proposal") to respond to the City's need, which Proposal is on file in the Department of Planning and Building Director and is incorporated herein by this reference.

C. The City and Consultant (each a "Party" and jointly, the "Parties") desire to enter into an agreement pursuant to which the Consultant will provide the Services.

NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL

PROMISES, COVENANTS AND CONDITIONS CONTAINED HEREIN, THE CITY AND THE CONSULTANT AGREE AS FOLLOWS:

Section 1. Status of Parties.

1.1 City. The Consultant acknowledges that the City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carryon its business as it is now being conducted under the statutes ofthe State of California and the Charter of the City of Anaheim.

PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICES AGREEMENT (this "Agreement"), dated for purposes of identification only as of '\2..cUYb-b..R.r l~l lDJ!ethe "Date of Agreement"), is made and entered into by and between '.

CITY OF ANAHEIM, a municipal corporation and charter city (the "City"), A
N
D
KIMLEY-HORN AND ASSOCIATES, INC., a North Carolina corporation (the "Consultant") .

RECITALS
A. The City previously issued a Request for Proposals (the "RFP") seeking proposals from qualified firms to prepare an update of the General Plan Housing 'Element, including amendments to related General Plan elements for consistency purposes, amendments to the City's Zoning Code and Zoning Map, preparation of a Program Environmental Impact Report, and development and execution of an Anaheim Pro-Housing'Policy and Implementation Plan to realize Housing Element goals and policies to accelerate housing production and streamlined preparation of Housing Element Annual Progress Reports (the "Services"). A copy of the RFP is on file in the Department of Planning and Building of the City of Anaheim and is incorporated herein by this reference.

B. In response to the RFP, Consultant has submitted that certain "Proposal for General Plan Housing Element Update and Related Activities to Accelerate the Production of Housing" dated October 30, 2020 (the "Proposal") to respond to the City's need, which Proposal is on file in the Department of Planning and Building Director and is incorporated herein by this reference.

C. The City and Consultant (each a "Party" and jointly, the "Parties") desire to enter into an agreement pursuant to which the Consultant will provide the Services.

NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL

PROMISES, COVENANTS AND CONDITIONS CONTAINED HEREIN, THE CITY AND THE CONSULTANT AGREE AS FOLLOWS:

Section 1. Status of Parties.

1.1 City. The Consultant acknowledges that the City is a municipal corporation duly organized and validly existing under the laws ofthe State of California with the power to carry on its business as it is now being conducted under the statutes ofthe State of California and the Charter' ofthe City of Anaheim.

1.2 Consultant. Consultant represents that Consultant is a North Carolina corporation, formed and in good standing under all applicable laws.

Section 2. Services of Consultant.

2.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, Consultant shall provide the Services, as more fully set forth in the "Scope of Services", which is attached hereto as Exhibit A and incorporated herein by this reference (the "Services"). Consultant represents and warrants that all Services to be provided hereunder shall be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such Services.

2.2 The Contract Documents and Order of Precedence. The contract documents consist of this document, the RFP and the Proposal. The RFP and the Proposal are deemed to be a part of this Agreement by reference. In the event of any inconsistencies, discrepancies or conflicts among or between any of the contract documents which make up this Agreement, the following shall control:
(a) Any duly executed amendment to this Agreement, with execution date to control as between conflicting amendments such that the more recent amendment shall govern all those prior;
(b) This Agreement (including the Exhibits);
( c) The RFP; and, then,
(d) The Proposal.

2.3 Time for Performance. Consultant shall perform and complete all Services in a timely and expeditious manner. Consultant shall perform such Services in accordance with the schedule contained in the Proposal or otherwise in accordance with such schedule as the Consultant and the City may mutually agree to from time to time.

2.4 Compliance with Law. All Services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of Anaheim and any Federal, State or local governmental agency of competent jurisdiction.

2.5 Licenses, Permits, Fees and Assessments. Consultant shall obtain, at Consultant's sole cost and expense, such licenses, permits and approval,s as may be required by law for the performance ofthe Services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and which arise from or are necessary for the performance ofthe Services required by this Agreement.

2.6 Nondiscrimination. Consultant agrees not to discriminate against any person or class of persons by reason of sex, color, race, creed, religion, marital status, handicap, ancestry or national origin in its provision of Services.

2.7 Familiarity with Work. By executing this Agreement, Consultant represents and warrants that Consultant (i) has considered the Services to be performed, (ii) has carefully considered how the Services should be provided, and (iii) understands the facilities, difficulties and restrictions attending the provision of the Services under this Agreement. Should the Consultant discover any latent or unknown conditions materially differing from those inherent in the provision of such Services or as represented by the City, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City.

Section 3. Term.

This Agreement shall be for a term (the "Term") commencing on the Effective Date (as such term is hereinafter defined in Section 9.15) and terminating September 30, 2023 (the "Term Expiration Date"), subject to earlier termination as provided in Section 6.1.4 and Section 7 hereof Section 4. Com pensation.

4.1 Amount of Compensation. During the Term of this Agreement, the City shall pay to the Consultant compensation as identified activities are completed in accordance with the "Schedule of Compensation" which is attached hereto as Exhibit B and incorporated herein by this reference (the "Compensation"). The Compensation shall be the Consultant's sole compensation for provision of Consultant's Services under this Agreement.

4.2 Billing and Payment Procedures. Consultant shall present as invoices for Services performed to the City as each activity is completed. Each invoice shall state the date the Services were provided. If requested by the City, Consultant shall present additional documentation evidencing the provision of services satisfactory to the City. The City agrees to approve or disapprove Consultant's invoice and/or additional documentation, as the case may be, within ten (10) days after the City's receipt of the invoice and/or additional documentation. The City agrees to pay the Consultant for work satisfactorily performed and expenses properly incurred within thirty (30) days after the City's approval ofa statement from the Consultant describing such work and expenses. The City may withhold from any Monthly Compensation payable to Consultant sufficient funds to compensate the City for any losses, costs, liabilities or damages the City reasonably believes were suffered by the City due to the Default (as hereinafter defmed in Section 7) ofthe Consultant hereunder.

4.3 Maximum Compensation. In no event shall the aggregate Monthly Compensation paid to Consultant over the Term of this Agreement exceed One Million Four Hundred and Nine Thousand One Hundred Eighty and 0/100 Dollars ($1,409,180.00) (the "Maximum Compensation").

Section 5. Coordination of Services.

5.1 Representative of City. The Planning and Building Director, or such person's designee, (the "Director") shall represent the City in all matters pertaining to this Agreement.

Whenever a reference is made herein to an action or approval to be undertaken by the City, the Director is authorized to act, unless this Agreement specifically provides otherwise or the context should otherwise require.

5.2 Representative of Consultant. Dave Barquist is hereby designated as being the principal and representative of Consultant authorized to act on Consultant's behalfwith respect to the Services and work to be provided hereunder and make all decisions in connection therewith.

Therefore, the foregoing principal shall be responsible during the Term of this Agreement for directing all activities of Consultant and its sub-consultants and devoting sufficient time to personally supervise the provision of Services hereunder. The foregoing principal may not be changed by Consultant and no other personnel may be assigned to supervise the Services to be provided hereunder without the express written consent of the City.

5.3 Prohibition Against Subcontracting and Assignments. Neither the whole nor any interest in, nor any of the rights or privileges granted under this Agreement shall be assignable or transferable or encumbered in any way without the prior written consent of City. Any such purported assignment, transfer, encumbrance, pledge, subuse, or permission given without such consent shall be void as to City. This is a personal services contract and the Consultant was chosen on the basis of characteristics unique to the Consultant and the sub-consultants listed in its Proposal. City shall have the right to unreasonably or arbitrarily withhold its consent to any such assignment, transfer, encumbrance, pledge, subuse, or permission.

5.4 Independent Contractor. Consultant and any agent or employee of Consultant shall act in an independent capacity and not as officers or employees of City. City assumes no liability for Consultant's actions and performance, nor assumes responsibility for taxes, bonds, payments, or other commitments, implied, or explicit, by or for Consultant. Consultant shall not have authority to act as an agent on behalf of City unless specifically authorized to do so in writing.

Consultant acknowledges that it is aware that because it is an independent contractor, City is making no deduction from any amount paid to Consultant and is not contributing to any fund on its behalf. Consultant disclaims the right to any fee or benefits except as expressly provided for in this Agreement.

As respects all acts or omissions of Consultant relating to Consultant's responsibility for taxes, bonds, payments, or other commitments, implied, or explicit, by or for Consultant, the Consultant agrees to indemnify, defend (at the City's option), and hold harmless the City, its officers, agents, employees, representatives, and volunteers from and against any and all claims, demands, defense costs, liability, or consequential damages of any kind or nature arising out of or in connection with the Consultant's performance or failure to perform under this Section.

Section 6. Insurance and Indemnification.

6.1 Insurance. Without limiting City's right to indemnification, it is agreed that Consultant shall secure prior to commencing any Services under this Agreement, and maintain during the Term of this Agreement, insurance coverage as set forth in this Section 6.1.

6.1.1 Required Insurance Coverage. Consultant shall secure and maintain the following insurance coverage:
(a) Workers' Compensation Insurance as required by California law and Employers Liability Insurance in an amount not less than $1,000,000 per occurrence;
(b) Comprehensive General Liability Insurance, or Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability, and Independent Contractor's Liability, in an amount of not less than Two Million Dollars ($2,000,000.00) per occurrence, Four Million Dollars ($4,000,000.00) annual aggregate, written on an occurrence form.

Such insurance shall be written on a primary basis, but may include a deductible of not more than Ten Thousand Dollars ($10,000) per occurrence, provided that such deductible or self-insured retention is disclosed to City, in writing, at the inception of this Agreement (This coverage written with a Self-Insured Retention must be submitted for approval by the Risk Manager prior to the inception of the fmal Agreement); and
(c) Comprehensive Automobile Liability coverage, including - as applicable - owned, non-owned and hired autos, in an amount of not less than One Million Dollars ($1,000,000.00) per occurrence, combined single limit, as required by California law.

The City's Risk Manager is hereby authorized to amend the requirements set forth herein in the event that such amendment is in City's best interest.

6.1.2 Required Clauses in Policies. Each policy of general liability and automobile insurance required by this Agreement shall contain the following clauses:
"This insurance shall not be cancelled, or limited in scope or coverage, until after thirty (30) days prior written notice has been given to the City Clerk, City of Anaheim, 200 S. Anaheim Blvd., Anaheim, CA 92805, except in the event of cancellation for non­ payment of premium that shall provide for not less than ten (10) days' notice."
Each insurance policy required by this Agreement, except policies for Professional Liability and Workers' Compensation, shall contain the following clauses or shall otherwise provide for the following conditions:
"It is agreed that any insurance maintained by the Consultant pursuant to this Agreement shall be primary to, and not contribute with any insurance or self-insurance maintained by the City of Anaheim."
"The City of Anaheim, its officials, agents, employees, representative, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Anaheim."

6.1.3 Required Certificates and Endorsements. Prior to commencing any work under this Agreement, Consultant shall deliver to City insurance certificates confirming the existence of the insurance required under this Agreement, and including the applicable clauses referenced above.

Also, within thirty (30) days ofthe execution date of this Agreement, Consultant shall provide City (i) endorsements to the insurance policies that add to these policies the applicable clauses referenced above, or (ii) in lieu of said endorsements, documentation acceptable to City evidencing that the coverage, terms, and conditions set forth in the above-referenced clauses are otherwise included in said insurance policies. Insurance required hereunder shall be placed with insurers. (i) admitted to write insurance in California, (ii) possessing an A. M Best's rating of A VII or higher, or (iii) otherwise acceptable to City, with prior written permission from City. In the event that a claim or other legal action is filed against City, and if City,. in its good faith opinion, believes it may have coverage under any of the insurance required herein, then City has the right to demand, and to receive within a reasonable time period, copies of the insurance policies related to such required insurance; provided, however, that this provision shall not apply if the parties agree that Consultant shall fully defend, hold harmless, and indemnify City against any such claim or other legal action.

6.1.4. Remedies for Defaults Re: Insurance. In addition to any other remedies City may have if the Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option:
(a) Order Consultant to stop work under this Agreement and/or withhold any payment(s) that become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof;
(b) Terminate this Agreement.

Exercise of any ofthe above remedies, however, is an alternative to other remedies City may have and is not the exclusive remedy for the Consultant's failure to maintain insurance or secure appropriate endorsements ..

Nothing herein contained shall be construed as limiting in any way the extent to which the Consultant may be held responsible for payment of damages to persons or property reSUlting from the Consultant's or its sub-consultants' performance of the work covered under this Agreement.

In the event Consultant hires other persons or firms to perform some of the work related to this Agreement, Consultant shall ensure (i) that the acts or omissions of such persons or firms are covered under the above-referenced liability insurance, or (ii) that such firms maintain insurance equal to or better than, and subject to the same limits, terms and conditions as, the insurance required of Consultant under this Agreement (except for firms that are not performing professional services-such firms shall not be required to carry the above-referenced professional liability insurance); and in either instance, Consultant shall provide, or cause to be provided, evidence of such insurance coverage, reasonably acceptable to City.

City's Risk Manager is hereby authorized to amend the requirements set forth herein in the event that such amendment is in City's best interest.

6.2 Indemnification. As respects acts, errors or omissions in the performance of professional services under this Agreement, the Consultant agrees to indemnify and hold harmless the City, its officers, agents, employees, representatives and volunteers from and against claims, losses, demands, defense costs, or liability, of any kind arising directly out of the Consultant's negligent acts, errors or omissions in the performance of its professional services under the terms of this Agreement or those of Consultant's sub-consultants or anyone for whom Consultant is legally liable.

As respects all acts or omissions which do not arise directly out of the performance of professional services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, the Consultant agrees to indemnify, defend (at City's option), and hold harmless the City, its officers, agents, employees, representatives, and volunteers from and against all claims, losses, damages, defense costs, or liability, of any kind or nature (collectively referred to hereinafter as "Claims"), arising out of or in connection with the Consultant's or any of its sub-consultants' acts, errors, omissions, or work, relative to this Agreement; except for those Claims that arise out of the sole negligence or willful misconduct of City.

Section 7. Enforcement of Agreement.

7.1 Events of Default. For purposes of this Section 7, the word "Default" shall mean the failure of Consultant to perform any of Consultant's duties or obligations or the breach by Consultant of any of the terms and conditions set forth in this Agreement. In addition, Consultant shall be deemed to be in Default upon Consultant's (i) application for, consent to, or suffering of, the appointment of a receiver, trustee or liquidator for all or a substantial portion of its assets, (ii) making a general assignment for the benefit of creditors, (iii) being adjudged bankrupt, (iv) filing a voluntary petition or suffering an involuntary petition under any bankruptcy, arrangement, reorganization or insolvency law (unless in the case of an involuntary petition, the same is dismissed within thirty (30) days of such filing) or (v) suffering or permitting to continue unstayed and in effect for fifteen (15) consecutive days any attachment, levy, execution or seizure of all or a substantial portion of Consultant's assets or of Consultant's interests hereunder.

City shall not be deemed to be in Default in the performance of any obligation required to be performed by City hereunder unless and until City has failed to perform such obligation for a period of thirty (30) days after receipt of written notice from Consultant specifying in reasonable detail the nature and extent of any such failure; provided, however, that if the nature of City's obligation is such that more than thirty (30) days are required for its performance, then City shall not be deemed to be in Default ifCity shall commence to cure such performance within such thirty (30) day period and thereafter diligently prosecute the same to completion.

7.2 Immediate Termination for Consultant's Default. In the event of any Default by Consultant, City may immediately terminate this Agreement. Such termination shall be effective immediately upon receipt by Consultant of written notice from City. In such event, Consultant shall have no further rights hereunder; City shall have all other rights and remedies as provided by law.

7.3 Termination Without Cause. Either City or Consultant may terminate this Agreement at any time without the necessity of cause or Default by the other Party by giving fifteen (15) days' notice in writing to the other Party. In such event, the Parties shall have no further rights hereunder, except that Consultant shall be paid for all Services rendered prior to such termination.

7.4 Suspension For Non-Payment. If City fails to make payment when due the Consultant for services and expenses, the Consultant may, upon seven days' written notice to the City, suspend performance of services under this Agreement. Unless payment in full is received by the Consultant within seven days' of the date of the notice, the suspension shall take effect without further notice. In the event of suspension of services, the Consultant shall have no liability to the City for delay or damage caused the City because of such suspension of services.

Section 8. Use and Ownership of Documents and Data.

8.1 Data to be Furnished by City. City shall furnish to Consultant such documents and materials as may be relevant and pertinent to the provision of Services hereunder as City may possess or acquire.

8.2 Ownership of Documents. All documents and materials furnished by the City to Consultant pursuant to Section 8.1 hereof shall remain the property of the City and shall be returned to the City upon termination of this Agreement. All documents and materials prepared by Consultant hereunder (the "Documents") shall become the property of the City at the time of payment to Consultant of all fees and expenses for their preparation, and shall be delivered to the City by Consultant at the request of the City. Consultant may retain one copy of all Documents solely for its own records and protection. The Documents prepared by Consultant hereunder shall not be used by the City or others, except for the purpose for which they were intended, without the prior written authorization of the Consultant. The City agrees not to associate Consultant's name with any documents or materials not prepared by Consultant.

Section 9. Miscellaneous Provisions.

9.1 Waiver. Inaction by City or Consultant with respect to a Default hereunder shall not be deemed to be a waiver of such Default. The waiver by either City or Consultant of any Default hereunder shall not be deemed to be a waiver of any subsequent Default.

9.2 Notices. All notices, demands or other writings to be made, given or sent hereunder, or which may be so given or made or sent by either City or Consultant to the other shall be deemed to have been given when in writing and personally delivered or if mailed on the third (3rd) day after being deposited in the United States mail, certified or registered, postage prepaid, and addressed to the respective Parties at the following addresses:

If to City:

With a copy to:

To Consultant:

Planning and Building Director
City of Anaheim
200 S. Anaheim Boulevard, 1 sl Floor
Anaheim, California 92805
FAX No. (714) 765-5280
City Attorney
City of Anaheim
200 S. Anaheim Boulevard, 3rd Floor
Anaheim, California 92805
FAX No. (714) 765-5123
KIMLEY-HORN AND ASSOCIATES, INC.
765 The City Drive Suite 200
Orange CA 92868
Telephone No.: (714) 705-1317
Attention: Dave Barquist, AICP
Project Manager/Principal-in-Charge

9.3 Relationship of Parties. Nothing contained herein shall be deemed or construed by the Parties, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the Parties, it being understood and agreed that Consultant is and will be at all times an independent contractor pursuant to this Agreement and shall not, in any way, be considered to be an officer, agent or employee of the City.

9.4 No Third Party Rights. The Parties intend that no rights nor remedies be granted to any third party as a beneficiary of this Agreement or of any covenant, duty, obligation or undertaking established herein.

9.5 Non-Liability of Members, Officials and Employees of the City. No member, official or employee of the City shall be personally liable to Consultant, or any successor in interest, in the event of any Default or breach by the City or for any amount which may become due to Consultant or Consultant's successors, or on any obligation under the terms of this Agreement. Consultant hereby waives and releases any claim Consultant may have against the members, officials or employees of the City with respect to any Default or breach by City or for any amount which may become due to Consultant or Consultant's successors, or any obligations under the terms of this Agreement. Consultant makes such release with the full knowledge of Civil Code Section 1542 and hereby waives any and all rights thereunder to the extent of this release, if such Section 1542 is app licable. Section 1542 of the Civil Code provides as fo llows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS

WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO

EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING

THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST

HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT
WITH THE DEBTOR."

9.6 Controlling Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.

9.7 Implementation. City shall implement this Agreement through the Director (or his duly authorized representative). The Director shall have the authority to enter into other amendments of this Agreement on behalf of City so long as such actions do not materially or substantially change the Agreement and to the extent are allowable and consistent with the goals and objectives of City pursuant to this Agreement, and have been reviewed and approved as to form by the City Attorney.

9.8 Remedies Cumulative. The remedies given to City and Consultant herein shall be cumulative and are given without impairing any other rights given City or Consultant by statute or law now existing or hereafter enacted and the exercise on anyone (1) remedy by City or Consultant shall not exclude the exercise of any other remedy.

9.9 Effect ofInvalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of its terms and provisions to persons and circumstances other than those to which it has been held invalid or unenforceable shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

9.10 Successors and Assigns. This Agreement and the covenants and conditions contained herein shall be binding upon and inure to the benefit of and shall apply to the successors and assigns of City and to the permitted successors and assigns of Consultant, and all references to "City" or "Consultant" shall be deemed to refer to and include all permitted successors and assigns of such Party.

9.11 Entire Agreement. This Agreement and the exhibits hereto contain the entire agreement of the City and the Consultant with respect to the matters covered hereby, and no agreement, statement or promise made by either City or Consultant which is not contained herein, shall be valid or binding. No prior agreement, understanding or representation pertaining to any such matter shall be effective for any purpose. No provision of this Agreement may be amended, modified or added except by an agreement in writing signed by City and Consultant.

9.12 Authority. Each individual executing this Agreement on behalf of a corporation, nonprofit corporation, partnership or other entity or organization, represents and warrants the he or she is duly authorized to execute and deliver this Agreement on behalf of such entity or organization and that this Agreement is binding upon the same in accordance with its terms.

Consultant shall, at City's request, deliver a certified copy of it governing. board's resolution or certificate authorizing or evidencing such execution.

9.13 Conflicts of Interest. No member, official or employee of the City shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official or employee participate in any decision relating to this Agreement which affect his or her personal interests or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested.

9.14 Time for Acceptance of Agreement by City. This Agreement, when executed by Consultant and delivered to City, must be authorized, executed and delivered by the City on or before forty-five (45) days after the execution and delivery by Consultant or this Agreement shall be void, except to the extent that Consultant and City shall consent in writing to a further extension oftime for the authorization, execution and delivery of this Agreement.

9.15 Eff~ctive Date. This Agreement shall be effective on the Date of Agreement. (Remainder of page intentionally left bank; signatures on next page)

IN WITNESS WHEREOF, THE CITY AND THE CONSULTANT HAVE
EXECUTED TillS AGREEMENT AS OF THE RESPECTIVE DATES SET FORTH BELOW.

ATTEST:

APPROVED AS TO FORM:

CITY ATIORNEY
BY1Th~~L
Leonie H. Mulvihill
Assistant City Attorney
140600IL M
Dated: /,)- s==--;)0;0
"CITY"

CITY OF ANAHEIM,
a municipal corporation and charter city
BY~~
Planning & Building Director
"CONSULTANT"
Kimley-Horn and Associates, Inc. , a
North Carolina corporation
B Y: ~I~~
Tyler 1st
Vice President @

ACKNOWLEDGEMENT
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached , and not the truthfulness ,
accuracy, or validity of that document.

State of California )
)
County of ~1' )
On /:J-S~ db;;ro ,before me, h~sCc M S M ,'..U--. ()O-/rxy eJ, (iL. [date] [here insert ;:;;;;;;;Jnd title ofth l officer]
personally appeared ~f Ie< f-kiSt ~I [here insert name(s) of signer(s)] who proved to me on the basis of satisfactory evidence to be the person(s}whose name( st6/ar~bscribed to the within instrument and acknowledged to me that ~she/ they executed the same irf<Uslher/their authorized capacityLie!r,and that by 1ii\Iher/their signature( s}o n the instrument the person(gf,'Of the entity upon behalf of which perso n.(s11fcte ~xecuted the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

Witness my hand and official seal.
(Seal)
(i
~ LISA M. SMITH
~ _.. 'Notary Public· Cilifornia
~ . ~. Orange County ~
~ " ~ , Commission II 2175665 _
1 .... ~ .•• M"y So~m Fxplres Jan 12. 2021 (
$ $ • ••••
EXHffiIT "A"

SCOPE OF SERVICES
(Behind this sheet)
.. , . . . .. .
, '
!:?!!:.~~.~.l?t!;~; ... ~.~n~!:.~!. .. f!.!.~Q:.~:,!,:.~.IJ~J!!'~!],~~ ......... ;.: ... ; ... :.: .. :: .. : .... ;.;.: ...... ,., ..... , .. ;; ..... : ........ ; ....... ::.: ..... :.;_ The Kimley-Horn/PlaceWorksteamwill commenc,e the update the HousingElemenfUpdate,by determining the specific iJpdate.s necessary tq comply with statut()ry requirements and localari~ , regional polic,ies anp prpgrams. This wni include, riec~ssaryam~ndll1ents to achieve a certified Housing Element arid additional policy and program amendmentsto supporttne Housing 'ElementUpdate.The following tasks will comprise this effort: ' " ' , ,,' ," " " ' . .. ,. ....
• TASK,1 PROJECTADMiN/STRATIONICOORDINATlqN'
'" '. ' .. . .' .'
TASK 1.1 PROJECT KICK~OFF MEETING '''11TH STAFF AND, PROJECT TEAM KinileY-Ho~nWlac~Works Will partiCipateih a kick-off meetingwjttrCjty'st~ffto 'disc'uss the update' ' , process, answer questions, provide data, and exchange'other importantprocedural aspects of the ' , "
, HousillgElementUp,date.the:kick-pffMeetiilg witb staff will' inClude a virtual COmmunitY t.our to identitY, " housing issues specific t~niarious locations in the City. The kick-off meetjngwill, adc,lres!?' the following:' , , ...
, ,
• Nature and E~entCifScope of Work,
Process, and DeUverables
~ Review/Modify SC9Pe .of
Work and Schedule
Task 1.1 D.eliverables "
~ Kic\(.,Off Meeting Agenda
" .. ':'.,,':.' ','. '.'
TASK 1.2 PROJECTSCHED~LE,
. '. ,. ,. ,
, ,
~ • pefin~OiJtreach MeUiodologies
• Data Sharing/Exchanging
~ 'rv1eeti~gsarid public Engagerrrent proc~ss'
. " .... ' . " .' ... ,' .
, .. ,.,..... "
, ,.,
. . '. . :.' '
" ' .
~ Kick~offM~eti~g riIli,nutes
Kim ley-Horn will, develop, and keep current, a project deliverables schedule outlining major mile~to;'es;. ' • rileetings, work 'pmducts;conlrnunitY .outreach everits,~ubc6rmni,ttee'!leetings,andpublic hearings. " The project team wilLreview HeDs proposed timeline for the stAG region to aid in keepiilg Anaheim on schedule throughout the Housing Element Update process. The project deliverablesschedule , will include all appli~abletasks'within the scope ofwork aridaccomm6date~riticipated CitY and , agency review times.

Task 1.2 Deliver.able " , ,
• ' ProjectS~hedule(updated as needed)
. . . . .
, ,
, , TASK 1.3 PROJECT CQORDINATION . .., ,
KimleY-Hotn will meet regulady with the project te,am to coordinatepr6jectdeliverables,d~ta, and· public meetings~ Itisassumed bi-monthly meetings will occur throughouUhe duration of the project and face-to-face meeting~ when circum~tanc,es warrant. Addition'ally,' Kimley,.Horn will provide the City with monthly project status reports as part of the invoicing process. ' Task 1.3 Deli"erables
• Monthly invoicing with project status reports
;, Bi-weekly update em8ils for interrlal Kimley-Horn is suggesting an approach to public participation that provides for rneaningful input and involvement. Visually erigaging, interactive, and collaborative community and stakeholder workshops wm have prod~ctive results for, the City. Kimley-:Horn will conduct two community engagementworkshops thrQughciut the • update process: one prior to initiating work on the updated Elements· and one to soliCit additional comment.
17 • Kimley»)Hotn City of Anaheim· LPPL77021.2020'
----_.
• TASK 2 CDMMUNITYQUTREACH
TASK 2.1 COMMUNITY OUTREACH pLAN
T~ be compli~mtwithstate housing law,K:imley-Horn recommerid~a combination of workshops; webiriars,and other' virtual engagement opportunitie~ to help with accessibility by the general public.

Using a varietyoHools, such as presentations, handouts, visual aids, social media, and other materials,· · Kimley~Horn will· help participants uride~stand theupdate.process,identify/explorecurrent issues for resolution (as identified dllring the currerit HouSingElen,ent ~VaILJatiori);and potentiai s·olutions. .. ·Irl ourcurrent COVI D-19· environment, Kimley-Horri reCOgnizes: the uncertainty of .and challenges to partiCipation andrec()mn'l~nds a flexible approach to comrminityemgagement Kin'lley-Horntherefoi'~ · suggestsari.option teoffer an oriliriecommunity survey. Developed by KlmleY~HOi'n,.in coordination. .. . . .. with City staff, theo~linesurVey would. provide educational information, as weJlasgather supplemental ••. input and feedb(;ick at the community's co.nvenience .
. ' ." . '.': .'. . " .,." .. ' . . .' ' ..
. .. Pi"iortoformulating the Community Outreach Plan, acoordinatiori meeting will discuss approaches; .. .. keych~lIeriges,and yarious method$ for effe~tively engagilig City reSidents ·and~.ecision;'lTIakers· . in the. plarining process. Sa·sed .upon this. internal discussion;theKimley~Honlteam wilf forniulatea Community Outreach Program that addresses the outreach stra~egies; dates; locations, participants and ofherrelevant·data.
:. ':,' : . . .' .' .. . '.. '.. .. ,.

City staff will be· responsible forthe scheduling ofvenue·s asappropri~te, staff coordinatioli~.· . · and provide publicn~ticing, facilities;set~up, and g~neral rTieetingfacilitation fora.!! commLJnity .. .. engagement activities ..
".. , . . . ' .. .... . . .. ' - - ',-
Due t~ soda I distancing reqiJirements imposed bycoViD-19, the Kimiey-Horn t~ah1 sugg(3sts ~ .. · general.outreach contingency be r¢served·to acc()mm()dateahyunique6ircum~tan.cesthatmay arise· . during the planning process (youth engagement, contests, etc.) . :
. . .' - .. . . .. ,' ........ .'- .. '. ..' " "... ...' ,.. .... - ,.' . · The l<iniley~Hornteamwill also incorporate work conducted under a sepan:iteag~eementby:UCland ..

City Futures Institute tomeasLire the impactof affordablehelising~lt is assumed·the findirigsofthis .. study will be incorporated into the outreach and baselirie analysis of the Hou~ing Element Update:
- .

Task 2.1 Deiiverablfi .. . .. .,. . . .
.• : .. braftCommunityOutreach Plan in electronic format .. .., .,.,'
.. ' '.. ." .. ....,
TASK 2.2 HOUSING ELEMENT UPDATE COMMITTEE . ': .' ......... ' ........ ' .' ..... :' ... , ,. :' .. ' ... ' '.' .... ' ':.

Kimley,;Horn will collaborate with theGityto fqrm ~n Adl10c Housing Eiemenf Update Committee (HEUC). The HEUC will meet monthly for the durationeftheplanriing process.KimleY~Horhwili . provide monthly Agendas, support for Agenda item discussion, arid direct activities of thei"commuriitY iii . collaboration with the. assigned Chairperson of the committee: (tis assl.Jliied .the HEUC wil.1 coi'nplYWith Brown Act provisions~ If is assumed the . City will provide· assistance in m.eeting minutes, posting, and noticing pursuant to. city policies.

Task 2.2 peliverable~ .
• Monthly Meetings with HEUC (up to 12 total)
~ Monthly Meeting Agendas
City of Anaheim • LPPL77021.2020
. .

Kililley»)Horn .18 .
. . .' '. ' ... , '".," ," .. ,".' ..,' .. '
· TASK 2.3 COMMUNITY WORKSHOP #1 - INTRODUCTION AND POLICY CONSIDERATioNs Kimley-Horn will facilitate an initial virtual community workshop· with the public anq stakeholders to discuss the Housing ·Element update process. Kimley-I-iorn will prepare arid deliv~r aPowerPoint· pteselltation, informational handouts, visuai aids,aild other materiais. .. . . ..

The meeting will introduce participants to the RHNA process .. Housing Element requirements, . · iegislative requirements and engage in the Identification of policy considerations. Participants ""ill . . identify chaUenges, issues, and opportunities for the Hou~irigElefnent.ln coUaborationwith City staff, · Kimley"Horn will identify key stakeholders to invite to the workshop.

Task 2.3 [)eUvenible •. .. •... . ..
• Electronic copies (in PDF format) of draft presentation, handouts, etc. · TASK 2.4 COMMUNrrV WORKSHOP #2
. . '. '." , " " , ,
Kir'nley,.Horn will facilitate a second community workshop with ·the public and stakeholders to discuss· the Public Review Draft Elements. Workshop #2 will build upon the infbrmationlearned from Workshop · #1. and provide ~raft analysis, polici~s; and· programs for review and di!?cLlssioh~ ·Kiinley':Hcml will . • prepare and deliver a PowerPoint presentation; informational handouts,visual Ciids,and other materials .. In collaboration with City staff, Kimley~Horn will identify key stakeholders~ • . .. Task ~.4 Deliverable.. . .. . .. .
...•. EleCtroniccopies.(iri PDF format) of draft presentation, handbuts, etc . . , . . , ... ,. - - _. - -
• TASK 2,5 ONLINE COMMUNITY SURVEY TOOL
, .' '" "-' . . .. , - ... - - -, .... .. -- , .. - -' - .. . .~imley-Horn will provide a web-based outreach tool to further eng(3ge with the Allaheim commullity. · The survey tool will be wep-basedand includes analytics to ~valuatecommunityinput on: locations , , - . , ' , .
. foi-potential hO.lising, housing goals, policies; and programs. Thecomrnunitysurvey provides an .. alternative ~ethod forgathering "Pli~lic participati6~ that allo\Wsresidents and stakeholders the ~exibility · ofpartiCipaJing. ata time ·that worksfof their sChedule: The fool.alsoprQvide!i) fangibledata that can be · incorporated into the Housing Element to quantify the City's outr~achefforts to HCO; . . .

Task 2.5 Deliverables
, ' , ' -, '
. ~. Set Up, launch, and analysis of outre~ch survey tool . " ,
· TASK 2.6 PLANNING COMMISSION STUDY SESSION
, ." -, ' , '" '. ,'., ,., , ." , " ., , ,," "
KirTIley-Hom Will atte~d and facilitate one stUdy session with the Planning Commission. As part ·of the. · work plan refinement processiKimley~H()rn caridiscuss with CitystatfJhe most effeCtive approachfqr •.. this meeting; including opportunities to assist with the involvement of key staKeholder groups, non,-. profits; and other members Of the community.

Task 2.6 Deliverable . . . . .
• Electronic copies (in PDF format) of draft presentation, h~hdouts, etc, • . - - .. .

TASK 2.7 CITY COUNCIL STUDY SESSION .. .
~imley,:Horn will attend and present at one City Council Study Session. Council ""ill not take any formal. action at the meeting. The Study Session will be LJsed for interim discussion priortc) formal Public Hearings at a later date.
. ..

The Study Session will b~ educatiqnal as well as provide an opportunity for feedbac\<. The. meeting will be used to present information on new housing-related state law, elements of the 6th CyCle Housing . . . . 19 . Kimley»)Horn City of Anaheim • LPPL77021.2020
. ..... ..

ElemenfUpdate process, and other project,related inform<;ltion deterniined to be important by City Staff.

The StudySes(;ion will also be an opportunity to discuss components on the Draft Housing Element· . analysis. This may include the Community Profile; Needs Assessment, Adequate Sites Analysis; . communityoLitreachefforts, or other housing eleme·nt-i"elatedtoplcs .. : . · Task 2.7 Deliverable
- Electronic copie~· (in PDF format) of draft presentatio~, handouts,etc; at lea~t two weeks prior to the meetiriQ. Kimley- Horn will revise materials as directed by Gity l!;taff ..

TASK 2.8 PROJECT "FACT SHEETS"
kimley-Horn will prepare up to three UFact Sheets" .during the planning process to provide· project .. updates. These fact sheets can be. distributed to the public and· decision makers atregLilar intervals during the planning process.
· . ..

Task 2.8 Deliverable : . ... .... .. ....
- Electronic copiss(in PDFformat) of up to three fact.sheets] . . . .' . . . . . · .. . .'
TASK 2.9 PROJECT WEBSITE . . '.. .. " . . ..','. . .. ' Kimley-Horn will work with the. City to develop a project weosite, • housed on the City's server~ to provide· an electronic platform for the update process. It is assumed the Kimley:-Horn team will provide content· t() be upda~ed by city staff on a: reQular bc:tsis. It is· assumed~imleY .. H6r.n willprmfide this information in· web accessible formats.

Task 2.9 Delivenible
: -. Electronic copies.(in PDF format) of documents and materials:
• Text Copy for theVllebsite, as needed.
· .-' '.. .... . "'.. . . -- .
o TASK 3 BASEliNE DATA COLLECTION AND ANALYSIS .. ".' ....... .. ' .. TASK 3.1 DocuiVIl$NT REVIEW . ........... . . . '. .

Following the Kick~Off Me~ting, Krmley:.Horn will provide CitY staff.witlia listing of pertinerit·dat~thatis· necessary tocompletetheworkprograin. Kimley-Horn Will review all applicable City, re·gioilal,andstate· documents pertainirig to the Housing Element update. this mayincl~de vaiipLis policy and regulatory . documents and otherassistancs·programs; .
'. : . .' - '.. :. . .... .'. ," .' . . -." ...... ' ..

Kimley-Horn will ber~spol1sible for idemtifying and resolvinganyinforlTlation gaps: Kimley-i-torn ... ;:inticipates a "turnkey approach" for dat~ collection to the greatest extentfe~sibleand will only request information that is proprietary to the City to minimize the workeffdrt by City Staff. .. .

Task 3.1 Daliverabie .. . . . .
- Housing Element Data Resources Matrix
. .... .

TASK 3.2 EVALUATE THE CURRENT HOUSING ELEMENT· . ....... ...... .

As required by state laW, Kiililey-Hom will review and evaluate the City of Anaheim's cLirre.nt 2013-2921 Housing Elementancl its programs. In general, the task will include a review oftheappropriateness of the housing goals, objectives, and polices in contributing to the attaininentof the stated h.ousing gOal; the effectiveness of t~e. Housing Element in attairiingcommunity housing goals and objecfives;.and the .

City's progress in implementing the Housing Element. The report will include the following iriformation:
- Evaluate thesta~us, effectivene.ss, and appropriateness of the current housing policy programs and identify any barriers to implementation
City of Anaheim • LPPL77021.2020 Kirhley»)H9rn . 20.
, , • ' Compare identified goals from the adopted Housing Elementto actual accomplishments during , the plan period ' ' , ' "
". • Evaluate the existing Housing Element in relation to cut~eritstate housing laws and identify any omissions()r deficiencies
Task 3.2 Deliverable , , ,
• Review of Past Performance Matrix
TASK 3.3 HOUSING NEEDS, CONSTRAINTS; RESOURCES,POPULATION; AND' • HOUSING PROFILE
As required by~tat~ ICiw,' Kirnley-Hornwillassesshousing needs,con~traints,arid resources.avail'able: • ," , A population arid hdusilig profiie wili be cdnductedthat 13urrlmarizesi P9Puiation and hdusehold ' " " , characteristics, analysis of special needs populatiohs,and units 'at risk of converting to market rate' units~s required by~ewstatE!law. Housing constr~ints will i~entify nOll-governmental,governmentalj , and environme'ntal constrcaints that may have an effect ()n housing~ Housing resources such as , a"ailabmtyofvacant land, zoning to accommodate RHNA growthneeds,and capacities of available, ' • siteswiil be analyzed: Funding and financing resources available:to address hous'ing ne,edswill be ' identified. Opportunities for energyc;c)nservation' will also beexplo.red. '" ,'" . . .' ... '. . . . . - . . '.. . . .

Based on 'new housing la\V, the adequate sites analysis will be much more ill:-depth and, detailed compCired to prior pl~nningperiods. It iSKimley,:Horn~s experienc~ that the new housing laws ' necessitate a more detailed study of ad~qLJate sites to satisfy HCD standards. ' Task 3.3 Deliv~rables ,
'. Housing Profile Report . - '. .. . .. "
• AdequateSites,Analysis
, '
• GIS Based ,Inventory, of Sites, •• : ' .. .. . '.' .
• Data Tables, Maps, and Relevant Text', '
'. .' . :. :', . '. '.'. . '. : ,'. ." .. '
TASK 3.4 MARKET ANALYSIS AND FINANCIAL FEASIBILlTVAsSESSMENT ' .. ..,'... ..,'.. .... .. . . .. ...... . . • HCbassumesthat sit~s':zoned for densities of30 units ,per acre or higher arefin'ailCially feasibi~'for. affordable housing development. No further analysis is necessaryt<) satisfY the'City's responsibilities , , under the state's housing element law. In our experience,hoWeve~,a30':un'lt.;.peracr'e density. ' is not always suffidenHorinfilldevelopment and refiflde"elqpmehfto beflnandally feasibie. " ' Moreover, development standards arid requirements sometimes·restr'ict thetinanciaifeasibility of housing development.
. .' : _. -.: .' '. .. :. : ". .

We will collaborate with City staff to identify up to five focus sites from among tlie sites being' consid~redfor d~signatiori for' affordable housing development For each Of the focussites,we , will analyze th~ financial feasibllityQf atlesst two develOPment protdtypesand wewlli an~lyze. , each prototype as a. fully market-rate project, as a niixed-income project, .an~ asa fully affordable housing project. We will use these analyses to asses~ the densities and development standards at , which residential infil! devel,opment and redevelopment is financially feasible. We wHlassess the, ' implications for the Housing Element Update, the Amendments tcftheCity's Zoning Code,and the Anaheim Pro-housing Policy and Implementation Plan; and we will identify ~trategiesto promote' housing development.
, , ,
We will conduct up t~ four remote/internet meetings with City staff-duri~g the wor:k phase to ,dis~uss the' analyses arid the implications for the work products for this project. Wey/ill prepare a draft report in a " digital format arid submit it to City staff. We will conduct a review meeting with City .staff. 21 . Kimley»)Horn City of Anaheini ' • LPPL77021.2020,
.' ... ...
· Bc:tsed on the review meeting and one round of consolidated· comments from Cityst~ff,we will r~vise and finalize the financial feasibility assessment report. The final r~port will be incorporated into the final work products for this project. The budget for this task assumes one formal presentation of the finai finanCial feasibility assessment.

Task 3.4 Delivel'ables
- Up to fo~r remote/internet meetings with City staff .. _ . _ _ - Draft Financial Feasibility Assessment report (submitted in a ·digital format) - One review meetir~g with City staff _ _ _ _ _ _ _ ._
- Final Financial Feasibility Assessment report (incorpon:lted Into the final work products) __ - - One. public :presehtatiol} of the Financial Feasibility Al)sess,meht report: :- · TASK 3.5 DEVELOP HOUSING PLAN-
· ·As required bY state law,l<imieY~Horri will develop a Housing Plan th~ con~titutes the policy component: _ -of the _ HbusingElem~nt. The Housing Plan will include prior poliCies .from the .2013~2021 Housirlg - - - Element that are stillappropdate and will be supplemented by new-policies and programs that - · addr~ss new Housing Elemerit Law: The Housing Plan wiil identify poliCies and programs to address Conservation and Improvement, Availability: and Producti_on; Affordability, Removal of Constraints,: and Equal Housing Opportunity. POlicies andprograms will besupplernented by Quantified ObjeCtives by . -- income -category. The Housin~l Elementwill maximize opportunity to countadequatesites alternatives· suc:hhas subst~ntially rehabilitated units to the extent permitted by law. . -
Task 3.5 Dellvera_bles
. - Housing Policy Plan
-Ust of Quantified Objectives
- --... . ," . '" ,.
--0 TASK 4 DRAFT i-IOVSING FI-EMENT -
, , , , ..,. . .. . ..
: Kimley-Hom will prepare Ci Scr~encheck Draft; Public Review Draft; and Di"aftFinal Elements. . . . , ..-
. ..... .

TASK 4.1-SCREENCHECKDRAFT . '., ,.. . , , . ' ... . '.
- Kirriley-Horn wil! prepareClrici submit a Screencheck br(,lft Elements tethe-CitY for revieW. The. . _ Screencheck Drafts will bea compiete draft and include all required components of as described in . • prior tasks, and will include all tc:tbles;_maps, and gr;:lphics.· .. . . ". .

Task 4.1 peiiver~bles .. . .•..... . . .. .
- On~ electronic copy (innathiefile format arid PDF forrnat) of the Sci"eencheck Draft Elements. for City review ancl.comment
- 1 reproducible copy
· ,.,
TASK 4~2 PUBLIC REVIEW DRAFT
" . " . ..,.... -."
Kimley~Horn will prepare a Pu~lic Review Draft Ele.mentsba~edon CitY staff's c9nirnerits·(lIi the - Scre!aricheck Drafts~ City st~ff. will provide Kimley~H6rn with cornments on theScreencheck Draft~.

KimIey-Horn will resolve any issues and make requested revisions to the ScreericheckDrafts to the • satisfaction of the City. .

Task 4.2 Deliverables .
• One electronic copy (in native file format and PDF format) - 1 reproducible copy
City of Anaheim ~ LPPL77021.2020 Kimley»>Horn.22
TASK 4.3 HCDSUBMITTAL
, ,
Following all initial community outreach workshops and, meetings, Kimley,-Horn wiilprepare sunimal)! notes or minutes of the community workshop, anda summary of all other comments' received during .. ... _. ......, the public review period. Considering input received at the comniunity w()rkshop and any other input received during the publi~ cpniment period, Kimley-Horn; in consultatiori withGitystaff, will revise the Public Review Draft Housing Eiement.
, ,
· .... ,. . . , .. ..

Once the Draft Housing Elem~nt is finalized, it will be submitted for an' initial 60~day review to the , Department of Housing'and Community Development (HCD)afterrequiredrneetings and ~pprovals from the Planning Commission and City Council. Kimley-Horn wiIlprepareatransmittal letter to HCD qetailing how the Housing Element meets state law requirements. The Draft HOLising Elememtwill be aC,companied'bya completed 'Completeness Review Checkll$t. ' · .. . .. ..... -, .... . - . . , , ,
, Task 4.3 Deliverable , , , ' , ,', ' , ' , ,
• One. ele$tronic coPy (in native file format arid PDF fotmat) of the transmittal letter and checklist to HCD ' .. . . .
. ' .. . .. .
, , TASK 4.4,RESPONSETO COMMENTS . . - . . . . ".'-. . .'. .

Kimley-Horn will assist CitY staff with preparing responses to any 'public or agency ,commerits (including " , HCD) on the Public Revis"" Draft Housing Element. Based onouf recentex:perience, the City should be ' prepared to receive considerably more comments quring this Cycle~, ' ' , . '.. .' ..

TASK 4.5' FINAL HOUSING ,ELEMENT
,'" ...' .... .'... . ' ..

Following review by, HCD, Kimley-Horn will revise the appropriate ~eGtions cUhe HCD Submittal Draft , , , Housing Eleme'l'1t. This Final Draft Housing'Element and'othe.r Elements will be presented at public hearings before CitY Council.
task 4.,5 Delivimible .. .. . . .
.. ' One. elec.troriiccopy (in ,native fiie format and pDFformat)ofthe'Final Draft Hpusing Element . . . . . . . . • TASK:$ FINALHOUS/~G ELEMENTIHCD C~RTlFICATION · . " , . . '" .. '" .. , .

Based on the,City C,?uncil directiori~ Kimley-Horn ~iII make final r~visicms and pi'eparea Final Housing , Element forHCDreViewand approval. Kimley-Horn willtrari~mit the Final Housing Elerriel'lHo HCD , , for certification 'arid will maintain ongoing communication'with the state until the Housing Element is ' officially deemed certified.

Task 5 Deliverables , , " " "
• One elecfroniccopy (in riative fileforniat anq PDF fotmat) of the Final Housing Element • One bound hardcopy of the Final Housing Element
PflA~E 2~ Amendments to the CIty's ZonfngCode;/VIap, and (#fjneral , e!.~·IJ.,.f!..t?J!~y··~q~~·~~!~1;~Y;.,.: ..... ;: ... ;.:.; .. ; ............... : ........ : .. ; .... ~; ......... ; .. ;.; .... ;,; ...... ,; ....... :; ... ; .... :.;.: .. ~;.:.~ .. : .. ; .. ;.;_ TASK 2.1 i:ONING CODE AMENPMENTS ANO GENERAL PI-AN POUCYCONsisTENCY . .... . ... . . . . -. -. ".. -. .. .

Amendmentsto~heCity's Zoning Map and Zoning Code will'be needed toirnple'rnent the updated Housing Element and other changes to the General Plan Land'Use Element Additionally, necessary policy amendments to other Elements of the Anaheim General Plan will be completed in ~nsure internal, consistency of the General Plan.
23 . Kimley»)H,prn City of Anaheini • LPPL77021.2020
~ ~
While meeting housing needs will certainly be a priority, this project also provides an opportunity to realign the general plan with zoning and confirm . appropriate den~ities, intensities, range of uses, incentives, and any new standards to better guide the design of more urbanized areas of the· City.

The City already has anurriber of tools in place to~ncourageirifiU residential beyond:multifamiiy zones,. including the Residential Opportunities Overlay Zorie, the South Anaheim Boulevard Corridor Overlay • Zorie, arid the City's Affordable Housirig Policy and Actiori Plan. For this task; the team will draw from the General PI~n and Zoning Consi$tency Analysi!~. in· Ta.sk 1to e~ploreand developthe best approa.ch . . • for accomplishing the following: ...
. .
• Allowing for zoning by,.rightfor Permanent ·Supportive Housing and potentially other housing types; • . , . . . . . ... . . .. ... .
• Creating incentives for housing for persons with special heeds, inciudirig developmental . disabilities; .. . . . .
.• Rezoning certain properties within opportunity areas identified by HCD ·and the California· .

Tax Credit Allocations Committee where the characteristics of these areas have baEm shown "- ... . ....',. by ressai-chto support positiveetonomic, educational,andhealth outcomes for low-:income families~partiGularlY long:.teim ()utcomes for children; • . .... . . . ... .. . . . . . .. . . . ... Creating Housing Sustainability Districts per Government Code to encourage housing production . . oh ·infil\sites near publjc transportation. Housing projects that arecompliantwith applicable general. pian andicining·stah~ards are eligible for streamlined approval"; . . . • Creating· a· Workforce Housing Opportunity Zone where projectievel review is minimized in· return· for a i'Tliriimum nunib~r of affordableunits per Goverriment Code;.. .: • . . . •... .. . : .. • Updating and amending the CiWs Affordable Housing DeSign GLiidelinesto .comply with new state •. requirernents regarding the applicatiOri of objective design standards to reSidential projects; and .. Revisiting other areas within· the Gity, primarily aiong commer-dai corridors; that have~btbeenthe •. subject of recent Speclfic Plan efforts; to consid.er appropriate zOrilngmeth6ds tciincentiviie the· . transition of vacant andunderutilii:e~ commercial properties. · We propose .a series of working sessions with City staff on the.·abbve pro;.housirig techniques'· · requirements :!o·developa.n integrated and easy-to~navigate reguiatory system. PlaceVvork$' familiarity •... · with the City Zoning Code and staff preferences for applying the code will be an asset in making reconimendi;ltionsarid drafting new code requirements. Following the working sessions, our team wili . · prepare th~ draft amendmehtsiadditionsfor City review; in agdition to the updated Zoning Map, We ariticipateup to three rounds of revisiohs leadihg to a Hearing~ReadY Am,endinent to the City's Zoning· .

CodeandZonirig Map.
. .
!.?!1!A§.5 .. ~: .. §~Y!!Pt!.P:~~~~!'~;9!.l!~!~!1p.~!fr9..9.~~p...:~:!.R .... ;, ... ~ ..... ; .... : .. ;., .... :~;: ... :: ... :~ .... ~.: ... : .. ; .... ; .. ~ .. • PlaeeWorks will develop a Program EnvironnientallmpactReport (PEIR)to siJpporfthe General Plan update. In addition, to the amendments related to the Housing Element Update Project, the PEIR will · include ananalysisofthe proposed update of the Circulation Element,new Enviromnentalj~~tiCe . · Element, and potential amendments to the Safety Element pursuant to AS 162(2007), S8 1035(2018) and AB 747 (2019).

It is our understandirig that a separate Climate Action Plan (CAP) could be prepared, if the City rec~ives funding, and the City wishes to use the PEIR for clear CEQA for the CAP to allow streamlined environmental .. revieW. Therefore, inclusion of the CAP in thePEIR analysis is included as anoptional task ..

City of Anaheim. LPPL77021.2020 KiJtdey»>Horn.24
.. TASK 3.1.ENVIRONMENTAL KICK-OFF MEETING, PROJECT Me~TINGS, AND· · PROJECT MANAGEMENT
· Kick-off Meeting . .
• Under this task, PlaceWorks' CEQA principai-in-charge and the project manager will partiCipate in. a ki~k-()ff m~eting with City staff and the rest of the project team to discuss~he project ahdcQnfirm · the project approach, scope, schedule, project description, any data needs and: gaps,andPEIR outline. Based on the issLiesdiscussed during the kick-off meeting, PlaceWorks will prepare aproject · description that includes all information required to define the project fQr CEQAand Circulate foririput . • and approvai by the City. .. .. .. ... ..... ..
. .
• Progress Meeting . .•.. . . .. . .

PlaceWorks will attend subsequent meetings (as-needed) with the City to monitor the project's progress · and provide the. opportunity for staff to discuss obstacles and conduct .problem-solving so the prcijec;t . · stays on ~chedule and within budget Itis assumed that the meeting Wiil occur bi-we~kly for the duration olthe :project (assumes 1 O::n1oilth pr()ject schedule) .. . . . .
. • Project Management
Additionally, PlaceWorks' project manager will be responsible for day"to~daytask scheduling, .. . . . ,.. ,.. . · managem~ntofresource!;, monitoring of costs, and schedule :adherencereiated to CEQATheproj~ct ... · manager will coordinate and qommLinicate closely with City staff and the proj~ctteams() ~ha~ the .. lanvironmental r~vie'k process satis~es the st(;itutes and guidelin~sof:CEQA and the City'sCE8A • procedures. ThE! project riJanagemenftask is based on ~ix hours per 1TI0nth for the project manager arid four hours :per month for the principal~in~charge fbrthe duration ·of the estimated project schedule, · which is anticipated to be approximat~ly 10 months after the approval of the project descriptior:f. ,'- ..... - . . -..... .. ' .

Task 3.1 DeiiVf~rabies _. ,- _. . . . - . ..
•. Kick~Off Meeting Aftendcince • . On~going Project Management· . . - .. . .. . ~ Project Description . . • Bi-weeklyProgress Meeting Attendance . .. . . _. . .. .. - ...
.. TASK 3.2 NOTICE OF PREPARATION/INITIALSTUDy/scopiNG MEETING TASK 3.:2.1 NOPIIS PREPARATION - - .. '.. . - . ' .. ' . .... . -.... '.- LJPon completion bfthe projectd~scription, .PlaceWorkswill prepare an Initial StLidy (IS)that prOvides· · written responses to each topical area oftheCEQAApperidix G checklist. PlaceWorkswiU also prepare · a Notice of Preparation (NOP) using the City's standard form. Since it is alr~adyanticipatedthatan · EIR will be required; it is assumed that many of the checklist responses will consist of brief re~ponses that explain the scopeofthe analysis to be included in the PEIR PiaceWorksassurn9s tworounds of r~view, ScreencheckNOP/IS and Printcheck NOP/IS. .
'. . . - . . - '. . .' : . -
PlaceWorks will su~mit the Screencheck NOP/IS and Printchec~ NOP/IS. in MiGrosoftWord for editing, and in. PDF with all figures, exhibits, and appendic~s. It is assumed that all ~itY s.taff commeritswill tie • compile~ in one tracked-cha.nges IS docunlent and transmitted to PlaceWorks via email: The City may . also prepare acomnients matrix to track all City staff comments.

Upon completion of the NOP/IS, PlaceWorks will distribute the NOP(IS to reviewing agencies based on a distribution list approved by the City. It is assumed that PlaceWorks will submit electronically to the State Clearin'ghouse via their online portal.
25 . Kimley»)Horn City of Anaheim • LPPL77021 ,2020
. .' ,
· tASK 3.2.2SCOPING MEETING· . . ...

PlaceWorks will organize and·conducta scoping meeting with agencies and interested paitiesto solicit comments regarding the scope and content of the environmentalissu9s the PEIR toaddtess. We wiil. .. .... .,.... · be prepared to discuss the environmental review process and answer questions from the public; and · provide a summary of the meeting.
i"ask 3.2 Deliv.erables . .
• Digital flles.ofthe Screencheck IS including
figures and technical appendices
• Digitalijles onhe PrintchecklS Including
figures arldtechnical appendices
. .
· TASK 3.3 PREPARATION (jFTECHNICAL STUDIES
. .
. '.. "
• . Distribution of the NOP & CD copies to
the city-:approved distributiorilist (certified
mail&. overnight) .
• Scoping Meeting Attendance
It is antiCipated that Kimley-Horn will prepare all necessarY technical studies that will be review~d and .• a:pproved·bythe City of Anaheim. PlaceVvorks review. the· approved technical studies to beiilcorporated into the Draft PEIR. Atthistim~,technicai stu~iesare assumed.toinclude,Air,.Noise,·Greenhouse gas· (GHG), ang Vehicle Miles Traveled (VMT)arialysis.
.. .., . .

TASK 3.3.1 AiR QUALliVIMPACT: ASSE~SMENT
The analysis will be prepared :inaccordance With the criteria; standards, and provisions onlie CEQA and will respond to the applicabie checklist items within Appendix GoftheCEQA GLiidelines. ltis likely· . that significant anci i.ma:void~bie a:ir qualityimpactswiHoccur as a result of emissions· of one or more· · criteria pollutants.· . . . . . .
. .' . .

TASK 3.3.2 GREENHOUSE GAS EMISS.IO.NSA.NAL YS/S ..
.. Kimley-Horn wili· ev~luate GHGelTli·ssions. assoCiated with the General. Pia:n Update, and that would· be . identified in the ·CAPthaUhe CitY is preparing concurrently. Kimley.,.Hprn will utili~e the GHG emiSSioriS .. inventory anticipatecfto be prepared aspCirt of the CAP. TheGHGemis$ions and· emis~ions reductions · identified in the CAP will be coinpai"edto· the City's requiredreductioris perAS 32 and .8B 32. The· · sustai~abilityiriitiativ~s andprOgrlm1Sideritifiedwithin tl-ieGAPas well as existing programs ~i1i be · incorporated into the analysis, .
.. .'. , ' .' . . '. .... .', . . " .' . .
· The report will determine whether the project wo·ulddiiectiYor indirectly generate significant GHG. . . · emissions or conflict with any applicable .plan, policy,o(reg!Jla~ionadopted to reduce such emissions, inCluding the state Scoping Plcin and the Regional Transportation· Plan and Sustainable Communities · StrategY (RTP/SCS). KimleY .. Horn will work with City staff t6 dev~lop the most appropriateGHG significance criteria.GHG and climatec.hange protocols arecon$tantly evolving. As such; ciim.ate change impactswill be analyzed in accordance with the latest guidance .. . . .

TASK 3.3.3 NOISE 'MPACTANALYSIS . '.' ...... . . ...... .

Working from the existing General Plan and oth~r more recent docunientsiKirnley-:Horn will document existing. noise sources and perform a comprehensive survey and mapping of noise,.sensitive receptors (e.g., residential land uses, schools, places of worship, etc.) ahd a comprehensive noise survey, · especially intended to characterize noise from stationary sources or other unique sources of community concern (e,g., major arterials, schools, commercial areas, loading areas, etc.). The noise survey will . include up to ·ten short-term noise measurememts and one long:.term measurement. We will also work with City staffto identify and appraise major noise sources, inClucjing review of noi~e complaints.

City of Anaheim. LPPL77021.2020 Kimley»)Horn.26.
. . . . ... .
, The noise analysis will evaluate the potential effects ofthe G~neral Plan update; alid CAP; The analysis will include essential iriformation for incorporation arialyzing the potential impacts of changes in land .. . . . . use arid circulation iii the EIR. ' , ,
. - '.".
, , ,
Using traffic data from th~traffic analysis, Kimley-Horn will ~nalyze the existing and futuretrafffc noise . . . . ..' .. '" levels adjacent to the artC3i'ials and' highways within the planning area. Noise co.ntours will. be developed , for each' ai'terialand highway segment included in the traffic study relative to the roadway C~hterlihe, ' The conto.urswill be developed using either the community noise equ'ivaleht level (CNEL) or the day:- , night sound level (Ldn) metric,as preferred by the City. The Noise Impact Analysis will also identify , areas where significantnoise impacts could occur andsugge!:jtprograinmatic measures' to. avoid such Impacts through impieinentation of standard planning and environmental review'procedures~, ," , . . . . . . . ' .. ..

Additionally, thearialysis win present baCkground information on' noise, health effects of noise, methods, monitoring results, and data used to project noise contQurs as well as ~upportirig information • for policy development.
· .' .

TASK 3.3.4 '''NIT ANAL¥SISffRA:FFIC IMPACiANAL¥S/S:
, , The ~nalysi~ wili be prepared in accordance with the~riteria;standards, and provisions oftne CEQA and will respond to the' applicable checklist items withinAppendi'xGofthe'CEqA Guidelines. The , VMT analysis will be conducted in conjunction with 'new statutory provision and provide the necessarY, , " " analy~is to comply withst~te law. ' " , " ,
. , . '. . . . .. , . . .'
TASK 3;3.5 CLIMATE ACTION PLAN,
· ." .' " ," " --' ,".. . .. .
, Kimley-Horn will prepare a qualitative~level CAP as part of the,Technical Studies,task: The cAp will be qualitative in nature due to funding limitations and will pi"ovidea siJfficient level of analysi$toconduCt " • and ~upport oth~r Technical StlJdies' prepared in Tas~ 3; Dueto th'e qu~litative m3ture.onh~sc6'pe, ' ' ' , specific tasks ~nd analysis will b~ programrnatic and qualitative i,n nature; including: , :
.,' Emissions and GHG Inventory
• ReduCtion Ta~gets " ,
, • Community Vulnerability Asse'ssinent arid Analysis
• . ReductionlMitigation Measures andlrriplementa~ion' " .' List of Priority Projects
, . . .' ..' .' -- .. '. :.
ltis asslim~d that Kirnley-Hom and PlaceWorks will define ttielevel of specificity to c~>niply with· · statutory requirements and requisite analysis required~ City staff will 'be tasked with comrnunity6utreach and collaboration with stakehold(3rs directly r¢lated to the CAP. It is assumed'thOat City staff will take a lead role'in the development and finalization o.f CAP poiicies ~nd program considerations I.n·conjunctlon '. with stakeholders and the Kimley-Hom and PlaceWorks team. . 0 , "
TechnicalStudias Assurru)tions/Limitations/Data Needs
.. . '. : . . ".'. . . . .' . . .... .'.
• Kimley-Horn will be provided the followiIJ9 project detai,1 to support ttie analysis: . .. Existing and future land useiiwsntories ,
• Housing Elemerit and General Plan Amendment Goals and Policie's 0 • • Traffic da~a with land uSE:! inventory daily trip generation, VMT data, and roadway segment Average' Daily Traffic (ADT) volumes
27 . Kimley»)Hotn City of Anaheim • LPPL7702,1 ,2020
. ..... .' ... . . .'
.. . . . .
. ..• This scope accommodates revisions based on one consolidated set of comment~, additional comments can be addressed on a tirrie and materials basis • This scope excludes meetings/hearings
Task 3.3 Deliverables. .
.• One electronic copy Air Quality Impact
. Assessment Memorandum
." .' . . .
.- One electronic copy GHG Emission
Analysis. Report
. -
• One electronic copy Noise Impact.Analysis
• ()ne electronic copy vMtlTiA Traffic .. ... ... ..

Technical Study.· . . .
.• . Associated maps and tables ..

TASK 3.4 DRAFT PEIR AND. MMRP • . . . .
· PlaceWorks wiil incorporate the an~lysisand findings of the technical. studies into the Draft PEIRWe wjlrpr~parea Screen.check, Proofc~e·ck,alid Priritcheckfor staff review, resultiiig iii a Draft PEI_R for pub"lic review. it is anticipated that Draft PEIRwiil iociude the following sections in accordance with the . · CEQA Guidelines:
.- Executive Summary
· • Introduction
· • Project Description
•• Environmental Setting .. . ........ ..
• . Discussion of Existing Conditions; Environmental Impacts, and MltigatiQn Measures •. Alternatives to the Proposed Project . ... _ _ .. .. . _ . .. • CE;QA Mandated Sections (Environmental effec;ts found not to besignific~nt (juring the In.itial ._ Stu~y scopillg progess; _adversee.nvironrrienta[ Impacts which 9annotbeavoic:jed if the project is - - -• implemented; cumulative impacts;-any irreversible environmental changes that Will occur if the . _ .. . proposed project is implemented, arid a- discussion of growth-iriducing impacts) .. .' ....: ... ' ." .' ..... .... ......:.. .... ::
· PlaceW()rks wiil submit the review draftPEIF~inMicrosoft Word forecJiting,ahdinPDF with all ... figures, exhibit~, and appendices. Ifi~assi.JIlled that all CitY -staff comrnents will be compiled in one --tracked-changes PEiR section and hansmitted toPlaceWorks via email.The City rriayalso prepare a comments matrix ~o track aU City staff comments.
. . . .. . .'. . .... . ." . . . . .... . ' , .. '
• PlaceWorks assumes three weeks City staff review time for the Screen check, twQweekstor the . ... ... ........... .. . ..

Proofcheck, and one .week for the Ptiritcheck. We understandthat the City Will ask for an extension of - ~hese review periods if the reviews include concurrent review of the PEIR andthetechnicai studies or if · there are substantial comments on the Screencheck or proofcheckdocuments. " ". ........., . ......... : ". -' .' ... .

PlaceWorks will submit the dr~ft Mitigation Monitoring and Reporting Program (MMRP) with the • Proofcheckdocumerit and revise theMMRP.as neededwiththePrintcheckdocument.

OPTIONAL TASK, Climate ActionPlari CEQA Analysis
As an optional task, iftheCAP is avai.lable to be analyzeda~ partofthe PEiR, ~ewill incl~de its .analysis under a separate heading. when discussing the environmental imPCicts in each section.

Deliverables . . _.. . . . .. ..
• Digital files (in both PDF and MSWord format) of the Screencheck; Proofcheck and Priritcheck draft PEIH, including fig !J res arid ~echriical appendices • Mitigation Monitoring and Re-porting Program
City of Anaheim • LPPL77021.2020 Kimley»)Horn .28
· tASK 3.5 NOTICE OF AVAILABILITY/NOTICE OF COMPLETION·· Upon completion of the Draft PEIR, PlaceWorks will distribute the Draft PEIH tq reviewing agencies.

Wevifill prepare Jhe notice of availab.ility (NOA) and Notice of Completion (NOC) for review and appr()vai by the City. PlacevVorks will be responsible for publication and distribution of the NOA and Noe docum~nt based on a mailing list approved by the City.

Task 3.5 Deliverab·les
•. Digitai files (in both PPFand MSWord format) of. the NOA and NOC . • Distribution of th~ NOA& CD copies to the city-~pproved distrib.ution list (certified mail & overnight)·
. - .' . . . . .. .

TASK 3.6 FINAL PEIR - RESPONSE TO COMMENTS, FINDiNGS. OF FACT, AND STATEMENT

OFOVERRIDING CONSIDERATIONS
Ph:iceWorks will. prepi3re a Response toComrnerits (RTC) in accordance \Nitn the requirem~nts of C(:Q;A.:· ..

We will obtain input from technical consultaritsas necessary to address the adequacy of the Draft PEIR. .... .. '. . . .... -.' . · T.he Final EIR will include copieS of a II conimentlettersreceived~ndrespO'lJses to written ~ornments. . ..

Responseswill focusonconiments ttiat address the adequacy of the Draft EIR Comments that do not .. address EIR adeq·uacy will belloted as such and no further response will b~ provided unless deemed . .. necessary by the City. The FEIR will also include any revisions, updates, .orcorrectlons resulting. from· thecomrnents:
. ': ..... -. - -'. ':'. . .' .'.. . . . :.'
A not-:to~exceedbudget 0140 hours for RTC has been e.stablished.to cover efforts by PlaceWorks. The ... estimated number of hours assumes one round of review of the RTC by the City.· If an un~xpectedly large volume of comments is tecei\fed, or·if certain·commentsresult in the need for substantial·· · additional~esponses or nevhesearchoranalysis; the in.itial budget may not be suffiCient. $houid thlt;. • ... . situation becomeappare·nt, wewllidiscussthis concern with the City beforetne response.s budget is. -. '.,. . · consumed and determine an appropriate course of action. . . . . . . -.'. . . '.' .' . " .. . . . .'
PlaceWorks wiil a·lso prepare Draft Findings of Fact a·nd· Statement of Overriding Corrsiderations· . . . document consistent with the r~quirerri~rlts of CEQA, for staff's inclusion in the .Resolutionto· certifY the PEIR
. : - . - - .' . . . . .. -..,. .
• As require~· byCEQA, responses to agency comments will be provide~ to those agencies a minimum of . 10 days priorto consideration of the Final PEIR by the Planning Commission or City Council. . .

Task 3 .. 6 Deliverable. . ...... .
~ . Digital files (in· both PDFandMSVVord forl11~t)of the Final PEIR (Response to Comments; Findings of Facts, and· Statement of Overriding Considerations)· . . . . . . '. . . tASK 3.7 PLANNINGCOMMISSION·Ar·io CITY COUNCIL HEARiNGS .. -_. .. . ..' PiaceWorks' principal-in-charge and project manager will attend the Plan~ing Commissio~ and City Council hearings and will peavailable to answer any questions relatedtdthe CEQAdocuments.

Adqitional hearing attendance by PlaceWorks upon the City's request will be .t::liHed on a time­ and-materials basis in accordance with the hourly rates for the personnel involved, as included - - . . . in this proposal.
. .

Task 3.7 Deliverable - . . .
• Two public hearings (one Planning Commission and one City Council) 29 • Kimley»)Horn City of Anaheim • LPPL77021.2020
. . -.
e~!.J.§.~.;~~;.~.~~!1;~!!p. .. P.:f~~!i~y.~.!!.l.9. .. e9H9.y;{~/:~!:!e).:~n~~l!!!}?I~p..~~.~~.~!.9.p':.f..!~~ .. : ..

TAsK 4~1 ANAHEi.ivI PRO-HOUSING POLICY AND IM·PLENtENTATIONPLAN • Upon compietion of the Draft HousingEi~ment, the project team· will collaborate with City staffto. .

Greate the An~heim Pro-Housing Policy and Implementation Plan (APHP). The APHP will biJildup . the policy framework developed for the HousingElemerit.. TheApHP will servihgas the primarY • guid8:nce document to promote the developm~nt of housing cityviide andwill provideconsistellcyand . reinforcement Qf overall housing goals arid policies iqentif!ed inthe Housing t;lemeht'spoIiCY program ..

Key features of the APHP will inclUde: ... ...
.• IderitifiGati()n of Hoi.J~ing Opportunity sites
.• SU'Tllilary of policy objectives
• Resources available to. promote housing
.• Toois, resources, and methods to support .
private investment
.. ' .'
• . Efficien~y,· proGe~~ing, and .
. entith~meht streamlining .•• :
• Preparation/StreamlihingofAnnual .

Progress. Reporis(APRs) (1 styearAPR
part of the APHP) .'.
. .. . - - . . "." . - '-
TheAPHP will b.e a comprehensive Toolkit to be us.ed by.the genEmil public, stakeholders, developers, ... and investors as a frameworktOassist and support the 'creatiooof ho.usi·ng in Anaheim~ . . ..

Ta.sk 4.1 Deliverab.ies ..
• $creeilcheck Draft APHP
" Final DraftAPHP
City of Anaheim • LPPL 77021.2020 Kimley»>Horn ~ 30 .. '. 'II" SCHEDULE
TASK 2021 2022 2023
: PHASE ONE: General Plan'Amendments '
BamamB.ammmmBamamBBammmmBamamB.aa
!~~P;:oLec~~lriisirition/COordination---­
: 1.1' Kick-off
:-1:"f-~ ::'::-:i:" ~-:=:-:~~----------~-,----
: 1.3
._--) ._-- -----. - -
.:-.----.--:-) - '-\--- ,"---- .---- -'---,--~' -,-_:'----- .. -,.--- '----_."---:---'- .----,-- -.-- .: I ) ., "I, , ; . .:: I
-~-:' :,-~--:==i=~-:=_'~-=-~-L __ =~f=-~;=~_-=-_ -=='~~~~: _~=: =-~_=~_' ______ _ .j __ ..•. f_ ~l __ J ~_ L_ ... _i_~·. __ ,I _~_L_.~_i_._j I, City of Anaheim· LPPL77021.2020 Kim ley») Horn . 31
EXHmIT "B"

SCHEDULE OF COMPENSATION
(Behind this sheet)
PHASE ONE: General Plan Amendments
Task 1: Project Admin/Coordination

1.0 Project Administration/Coordination

1.1 Kick-off Meetings

1.2 Project Schedule

1.3 Project Coordination/Project Management
Task 2: Communty Outreach/Surveys/Study Sessions/Outreach Collateral

2.1 Community Outreach Plan

2.2 HEUC Committee

2.3 Workshop #1

2.4 Workshop #2

2.5 Online Survey (staff plus survey instrument)

2.6 Planning Commission Study Session

2.7 City Council Study Session

2.8 Project Fact Sheets

2.9 Project Website
Principal/
Project Mgmt $290
4 12
50 10
32 12
12 9
8 8
12 6
Task 3: Baseline Data Collection and Sites Analysis, Market AnalYSis and Feasibility Analysis

3.0 Baseline Date Collection and Analysis

3.1 Document Review 4

3.2 Evaluate Existing Element 4

3.3 Needs, Constraints, Resources 12

3.4 Market Analysis and Financial Feasibility Analysis 12

3.5 Housing Plan 12
Task 4: Draft Housing Element

4.0 Draft Housing Element

4.1 Screencheck Drafts

4.2 Public Review Drafts

4.3 HCD Submittal

4.4 Response to Comments

4.5 Final Housing ElemenUPublic Hearings
PHASE TWO: Amendments to the City's Zoning Code and Map

2.1 Zoning Code Amendments
PHASE THREE: Environmental Clearance/Program EIR

3.1 Kick-off Meeting

3.2 NOP/IS/Scoping

3.3 Technical Studies (Air, Noise, GHG, VMT, CAP)

3.4 Draft PEIR and MMRP

3.5 NOAINOC

3.6 Final PEIR

3.7 PC/CC Meetings
PHASE FOUR: Anaheim PrO-Housing Policy (APHP) and Implementation Plan

4.1 APHP Housing Policy and Implementation Plan
Expenses (travel, copies, etc.)
16 16
12 16
16 20
2 120
100
Principal Planner
$220
4 8
30 20
40 36
22 8
8 6
75 8
40 32
32 24
30 12
2 4
480
240
Senior Planner
$185
12 12
80 32
20 8
12 120
60 40
40 24
40 20
300
220
Asst Planner/
Graphics $130
41 160
80 80
12 12
36 80
12 30
200
30 90
90 32
60 40
90 120
Admin/ Support
$110
24 8
12 80
20 24
$5,500
Task 1 Subtotal
$7,500
Task 2 Subtotal
$65,000
$28,000
Task 3 Subtotal
$15,000
Task 4 Subtotal
$150,000
Phase 2 Subtotal
$2,500
$25,000
40 $5,500
$165,000
$5,500
$15,000
$10,000
Phase 3 Subtotal
$4,260
$7,460
$26,600
$38,320
$12,630
$49,020
$3,480
$36,600
$27,850
$6,520
$5,640
$15,400
$15,840
$172,980
$4,200
$8,600
$141,980
$33,240
$27,280
$215,300
$30,780
$30,780
$19,560
$29,080
$28,540
$138,740
$158,440
$158,440
$3,520
$25,880
$267,500
$165,000
$5,500
$15,000
$10,000
$492,400
90 $30,000 $178,000
Phase 4 Subtotal $178,000
$15,000
TOTAL HOURS 537 1161 1040 1295 298 4331
TOTAL PROFESSIONAL LABOR COSTS 'lGJi'/I ··t+J.xn,Ui}.(l,l,iil4:JM n-4'(;(I ~~ Note: fees are genera/ assumptions based on descriptions in RFP. Kim/ey-om recommends hours allocations be discussed prior to contract to ensure compliance with overall goals of city. 44g· ,- fAAPA ;4 i.