MOU No.: M-003-22
SCAG Project/OWP No.: 300-4887V9.01
Date: September 23, 2021
MEMORANDUM OF UNDERSTANDING
No. M-003-22
BETWEEN
THE
SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS
AND CITY OF BURBANK
FOR MEDIA DISTRICT SPECIFIC PLAN UPDATE
(S
CAG Project/OWP No. 300-4887V9.01)
Thi
s Memorandum of Understanding (“MOU” or “Agreement” herein) is entered by and between the SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS ( herein referred to as “SCAG”), and the CITY OF BURBANK (“CITY”), for Media District Specific Plan Update , subsequently herein referred to as “Project.” SCAG and CITY are individually referred to herein as “Party” and may be collectively referred to herein as “Parties.” RECIT
ALS
WH
EREAS, SCAG is a Joint Powers Agency and a federally designated Metropolitan Planning Organization (MPO) for Southern California. As an MPO, SCAG is primarily responsible for the development of a Regional Transportation Plan/Sustainable Communities Strategy (“Connect SoCal”) for the counties of Imperial, Los Angeles, Orange, San Bernardino, Riverside, and Ventura;
WHE
RAS, SCAG has been awarded from the State of California, Department of Housing and Community Development (“HCD”) Regional Early Action Planning Grant (“REAP Program”) in the amount of $47,471,023, which is the regional component of the Local Government Planning Support Grants Program (as described in Health and Safety Code section 50515.02); WH
EREAS, as part of its REAP Program, SCAG launched a Call for Applications for Sustainable Communities Program, Housing and Sustainable Development (“SCP”) to assist Southern California jurisdictions in developing planning projects which aim to increase housing production and advance Connect SoCal’s growth vision and policies; WH
EREAS, through its SCP, SCAG has awarded the CITY REAP grant funds to pursue a portion of their Media District Plan Update, which supports the goals and policies of the REAP Program, LEAP Program, and Connect SoCal;
WHE
REAS, the CITY has also been awarded Local Early Action Planning Grant (“LEAP Program”) grant funds from HCD for their Housing Element Update, Golden State Specific Plan, and a different portion of the Project than that funded by REAP funds; WH
EREAS, the CITY plans to develop the Media District Plan Update , and under take the associated environmental assessments using both REAP grant funds and LEAP grant funds; ATTACHMENT 1-1
MOU No.: M-003-22
SCAG Project/OWP No.: 300-4887V9.01
Date: September 23, 2021
WHEREAS, the portion of the Project funded by REAP (“SCP Plan”) will be distinct from the portion of the Project funded by LEAP (“LEAP Plan”), but will be managed by SCAG on the CITY’s behalf;
W
HEREAS, pursuant to its annual Overall Work Program (OWP), SCAG will be engaged in activities and projects that will require certain technical, professional, or support services from time to time related to its work regarding the Connect SoCal; W
HEREAS, the purpose of this MOU is to describe the roles of the Parties as well as the use and payment of the REAP and LEAP funds to complete the Project; W
HEREAS, this MOU shall supersede and replace any previous agreements between SCAG and the CITY related to the Project described herein; and
W
HEREAS, for purposes of this MOU, the Fiscal Year is from July 1 through June 30.
NO
W THEREFORE, IT IS MUTUALLY AGREED THAT:
1. MOU Contents
T
his MOU is comprised of these terms and conditions and any attached Exhibits and may be amended only by written agreement between SCAG and the CITY. The Recitals to this Agreement are also incorporated herein by this reference.
2. Responsibilities of the Parties
A. T
he allocation of LEAP and REAP funds is described in the Summary of Deliverables, attached hereto as “Exhibit A” and incorporated herein.
B. S
CAG will:
1. C
ontribute a maximum, not to exceed Four Hundred Thirty Thousand Dollars ($430,000 in REAP funds ) towards the total value of the Project to be used solely for the SCP Plan.
2. P
rocure a consultant (“Consultant”) to perform the services required for the Project in consultation with CITY staff, in accordance with SCAG’s Procurement Policies and Procedures.
3. In
voice CITY for LEAP Plan portion of Project costs on a quarterly basis.
4. M an
age the Consultant in performing the services required for the Project.
ATTACHMENT 1-2
MOU No.: M-003-22
SCAG Project/OWP No.: 300-4887V9.01
Date: September 23, 2021
5. Provide final approval of Consultant’s deliverables, including invoices; provided, however, that prior to accepting a deliverable and/or an invoice from the Consultant, SCAG’s Project Manager will consult and confirm with CITY’s Project Manager on the funding allocation for each deliverable and invoice.
6. Notify and invite the CITY’s Project Manager to: the kick-off meeting with the Consultant, all steering or technical advisory committee meetings, all public engagement outreach events, and all City Council or Commission meetings where the Project in whole or in part is being presented or discussed.
C. CITY
will:
1. Contribute Four Hundred Thirty Thousand Dollars ($430,000 in LEAP Funds) towards the total value of the Project to be used solely for the LEAP Plan portion of the Project.
2. Remit payment to SCAG using its general fund for the Project, within thirty (30) days of receipt of SCAG’s invoice for the CITY contribution as set forth in Section 2.B.1 above.
3. Manage invoicing for the LEAP funds to HCD based on the Consultant invoices and the confirmed funding allocation information provided in Section 2.A.4.
4. Participate in procurement of the Consultant as well as coordination calls and meetings with all parties and Consultant throughout the development of the Project.
5. Actively engage in the development of the Project including, but not limited to, promptly responding to all correspondence (i.e., to phone calls and emails) so as to avoid unreasonable delay of the Project.
6. Use its best efforts to complete its review of the deliverables and invoices within twenty-one (21) working days of receipt from SCAG.
7. Complete its review and provide approval of the deliverables and invoices for services rendered through June 30
th within seven (7) working days of receipt
from SCAG.
D. In the event that the bid from the selected Consultant exceeds the sum of the amounts set forth in Sections 2.A.1 and 2.B.1, or if any optional tasks are authorized which cause the budget to be in excess of those amounts , such excess funds shall be funded by the City. SCAG shall have no obligation to fund any overage , except and unless an Amendment to this MOU is executed (which amendment may be entered if and only if each party in the exercise of its discretion decides to do so).
ATTACHMENT 1-3
MOU No.: M-003-22
SCAG Project/OWP No.: 300-4887V9.01
Date: September 23, 2021
E. The Parties agree to not seek any reimbursement for the performance of their respective obligations pursuant to this MOU, except as set forth herein.
3. Term
A. T
he Term of this Agreement shall begin on the Effective Date of the Agreement and continue until June 30, 2023, hereinafter referred to as the “Completion Date,” unless terminated earlier as provided herein. Time is of the essence in the performance of services under this MOU.
4. Program Management
A. A
ll work under this Agreement shall be coordinated with SCAG and the CITY through the Project Managers.
1) F
or purposes of this MOU, SCAG designates the following Project Manager:
E
mily Rotman
Junior Planner
Southern California Association of Governments
213-630-1440
[email protected]
2)
For purposes of this MOU, the CITY designates the following individual as its Project Manager:
F
ederico (Fred) Ramirez Jr.
Assistant Community Development Director
City of Burbank, Planning
(818) 238-5250
[email protected]
P
arties reserve the right to change this designation upon written notice to the other Party.
5. Electronic Version of Work Products
A. F
or purposes of this Agreement, “Work Products” shall mean any deliverables, including reports, data files, newsletters or any other written or electronic materials provided pursuant to the Scope of Work.
B. Th
e SCAG shall submit one (1) electronic copy of all completed deliverables associated with the Project to the assigned CITY Project Manager.
C. S
CAG shall own all Work Products for the SCP Plan and shall grant to the CITY a royalty- free, non -assignable, non- exclusive and irrevocable license to reproduce, publish or ATTACHMENT 1-4
MOU No.: M-003-22
SCAG Project/OWP No.: 300-4887V9.01
Date: September 23, 2021
otherwise use SCP Plan Work Products in relation to the Project and developed as part of this MOU; provided, however, that any reproduction, publishing, or reuse of the SCP Plan Work Products will be at the CITY’s sole risk and without liability or legal exposure to SCAG.
D. The CITY shall own all Work Products for the LEAP Plan and shall grant to SCAG a royalty-free, non-assignable, non-exclusive and irrevocable license to reproduce, publish or otherwise use LEAP Plan Work Products in relation to the Project and developed as part of this MOU; provided, however, that any reproduction, publishing, or reuse of the LEAP Plan Work Products will be at SCAG’s sole risk and without liability or legal exposure to the CITY.
E. Subject to any provisions in the California Public Records Act or any requirements under law to the contrary, all deliverables and related materials related to the Project shall be held confidential by Consultant. Nothing furnished to the CITY or SCAG which is otherwise known or is generally known, or has become known, to the related industry shall be deemed confidential. SCAG and t he CITY shall also safeguard such confidential materials from unauthorized disclosure, using the same standard of care to avoid disclosure, as Parties treat its confidential information, but in no case less than reasonable care.
6. MOU Changes
No alteration or deviation of the terms of this MOU shall be valid unless made in writing in the form of MOU Amendment and fully and properly executed by both parties. If an amendment is to become effective before the date of full execution by the Parties, the effective date of such amendment shall be no earlier than the date that SCAG received the Request.
7. Notices
Any notice or notices required or permitted to be given pursuant to this MOU may be personally served on the other P arty by the P arty giving such notice, or may be served by certified mail, return receipt requested, to the following addresses:
To SCAG: Cindy Giraldo
Chief Financial Officer
Southern California Association of Governments
900 Wilshire Blvd., Suite 1700
Los Angeles, CA 90017
(213) 630-1413
[email protected]
SCAG reserves the right to change this designation upon written notice to the CITY.
To CITY: Patrick Prescott
Community Development Director
City of Burbank
ATTACHMENT 1-5
MOU No.: M-003-22
SCAG Project/OWP No.: 300-4887V9.01
Date: September 23, 2021
150 N. Third Street
Burbank, CA 91502
(818) 238-5250
CITY reserves the right to change this designation upon written notice to the SCAG.
8. Insurance
CITY, at its own expense, shall procure and maintain policies of insurance of the types and amounts below, for the duration of the MOU. The policies shall state they afford primary coverage. Notwithstanding the foregoing, CITY shall have the right, at its election but upon written notice to SCAG, to maintain all such insurance required under this Section 12 under a program of self -insurance or self -administered claims in lieu of purchasing such insurance; provided, however, that the scope and coverage limits are not less than those required below in subdivisions (a) and (b) below and provided, further, that the provisions in subdivision (c) apply to any self-insurance program. Any notice by CITY shall detail consistency of its self - insurance program with the requirements of this Section 12. The minimum required insurance coverage required by SCAG is set forth below unless otherwise waived by SCAG, in its sole discretion. SCAG shall, in its contract with the Consultant, require that the Consultant provide insurance as specified in this section, and as further detailed in subparagraph (g) below.
A. Minimum Scope of Insurance – Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability coverage (Occurrence form CG0001), or its equivalent.
B. Minimum Limits of Insurance – CITY and SCAG shall maintain limits no less than:
1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
C. Other Insurance Provisions – Both CITY and SCAG should comply with the other insurance provisions. The general liability policy shall contain, or be endorsed to contain, the following provisions:
1) SCAG, its officials and employees are to be covered as additional insureds, as respects to liability arising out of the activities performed by or on behalf of the CITY, products and completed operations of the CITY; premises owned, occupied or used by the CITY; or automobiles owned leased, hired or borrowed by the CITY. The coverage shall contain no special limitations on the scope of protection afforded to SCAG , its officials and employees.
2) For any claims related to this Project, the CITY’s insurance coverage shall be primary ATTACHMENT 1-6
MOU No.: M-003-22
SCAG Project/OWP No.: 300-4887V9.01
Date: September 23, 2021
insurance as respects SCAG, its officials and employees. Any insurance or self-insurance maintained by SCAG shall be excess of the CITY’s insurance and shall not contribute with it.
3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to SCAG, its officials and employees.
4) The CITY’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
D. Deductibles and Self -Insured Retentions – Any deductibles or self -insured retentions in amounts over $10,000 must be declared to and approved by SCAG.
E. Acceptability of Insurers – Insurance is to be placed with California admitted insurers with a current A.M. Best’s rating of no less than A and be admitted, unless otherwise approved by SCAG.
F. Verification of Coverage – The CITY shall furnish SCAG with original endorsements and certificates of insurance evidencing coverage required by this clause. All documents are to be signed by a person authorized by that insurer to bind coverage on its behalf. All documents are to be received and approved by SCAG before work commences. Upon request of SCAG at any time, the CITY shall provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.
g. Consultant Insurance Requirements - SCAG shall require that the Consultant provide insurance in the types and amounts as specified above. SCAG shall require that the Consultant name the CITY as an additional insured and provide the above specified endorsements in favor of CITY as well as in favor of SCAG.
9. Indemnification
A. Except for the negligence or willful misconduct of SCAG and any of its directors, officers, agents, employees, assigns, and successors in interest, the CITY undertakes and agrees to defend, indemnify, and hold harmless SCAG and any of its directors, officers, agents, employees, assigns, and successors in interest from and against all suits and causes of action, claims, losses, demands and expenses, including, but not limited to, attorney's fees and cost of litigation, damage or liability of any nature whatsoever, for death or injury to any person, including SCAG’s employees and agents, or damage or destruction of any property of either party hereto or of third parties, arising in any manner by reason of the acts, errors or omissions or violations of law by the CITY , employees and agents in connection with its activities in pursuing the Project or under this MOU.
10. Conflict of Interest
ATTACHMENT 1-7
MOU No.: M-003-22
SCAG Project/OWP No.: 300-4887V9.01
Date: September 23, 2021
The Parties shall comply with federal and s tate conflict of interest laws, regulations and policies as well as all applicable federal and state laws, regulations and policies in connection with its activities pursuant to this Agreement.
11. Independent Contractor
SCAG and its Consultant(s), officers, employees and agents shall be independent contractors in the performance of this MOU, and not officers, employees, contractors or agents of the CITY.
12. Disputes
A. In the event of a dispute among the Parties concerning a question of fact arising under this Agreement that is not disposed of by agreement, which involves a decision by the Department’s Housing Policy Development Manager (or the Manager’s designee) who may consider any written or verbal evidence submitted by SCAG, the decisions of the Department shall be final and not subject to further appeal pursuant to Health and Safety Code Section 50515.04(g). SCAG shall include in such submittal to the Depart ment any written or verbal evidence submitted to SCAG by the Parties, at the discretion of SCAG, as part of this process. Neither the pendency of a dispute nor its consideration by the Department will excuse the Parties from full and timely performance in accordance with the terms of this agreement.
B. For other disputes and except as otherwise provided in this MOU, if a dispute arises between the Parties to this MOU, the Parties hereto agree to use the following procedure to resolve such dispute, prior to pursuing other legal remedies:
C. A meeting shall be held promptly between the Parties that will be attended by the CITY’s Project Manager and SCAG’s Project Manager as well as individuals with decision-making authority (to the extent reasonably possible), who will attempt in good faith to negotiate a resolution of the dispute.
D. If the Parties are unsuccessful in resolving the dispute under (C) above, they may:
1) agree to submit the matter to mediation, binding judicial reference, or a private adjudicator (if all Parties so agree); or
2) initiate litigation following advance written notice to the other Party of not less than thirty (30) days.
E. If any Party should bring a legal action against the other to enforce the terms of this MOU, the prevailing P arty shall be entitled to recover rea sonable attorneys’ fees and costs, as determined by a court of competent jurisdiction in said proceeding.
13. Noncompliance
ATTACHMENT 1-8
MOU No.: M-003-22
SCAG Project/OWP No.: 300-4887V9.01
Date: September 23, 2021
In addition to such other remedies as provided by law, in the event of nonperformance or noncompliance with any grant condition or specific requirement of this MOU, this MOU may be terminated pursuant to Section 14.
14. Termination of Agreement
a. Termination for Convenience. Either Party may terminate this MOU at any time by giving written notice to the other party of such termination at least thirty (30) calendar days before the effective date of such termination. In such event, all finished or unfinished documents and other materials as described in the MOU shall be provided to the CITY and SCAG shall be paid for all services performed by Consultant and accepted by the CITY through the effective date of termination, provided the required consultation between the CITY and SCAG has been undertaken in accordance with Section 2.A.4 of this MOU. Any Party terminating this MOU before the effective date of termination shall be responsible for any actual, incurred termination costs incurred by the Consultant as a result of such termination notice.
b. Termination for Cause (the CITY Default). If through any cause, the CITY fails to timely and adequately fulfill its obligations under this MOU, or if the CITY violates any of the covenants, agreements, or stipulations of this MOU, SCAG shall thereupon have the right to terminate the MOU by giving not less than ten (10) calendar days written notice to the CITY of the intent to terminate and specifying the effective date thereof. SCAG shall provide a reasonable opportunity for the CITY to cure prior to termination. In no event shall such opportunity to cure extend beyond the term of the MOU. In the event that SCAG invokes this termination clause, all finished or unfinished documents and other materials as described in the MOU shall be returned to SCAG at its option.
c. Termination for Cause (SCAG Default). If through any cause, SCAG fails to timely and adequately fulfill its obligations under this MOU, or if SCAG violates any of the covenants, agreements, or stipulations of this MOU, the CITY shall thereupon have the right to terminate the MOU by giving not less than ten (10) calendar days written notice to SCAG of the intent to terminate and specifying the effective date thereof. The CITY shall provide a reasonable opportunity for SCAG to cure prior to termination. In no event shall such opportunity to cure extend beyond the term of the MOU. In the event that the CITY invokes this termination clause, all finished or unfinished documents and other materials as described in the MOU shall be returned to the CITY at its option.
15. Non-Assignment
a. Neither Party shall assign this MOU, or any part thereof, without the written consent of each Party to this MOU , which consent may be granted, withheld or conditioned in the consenting Party’s sole and absolute discretion. Any assignment without such written consent shall be void and unenforceable.
b. The covenants and agreement of this MOU shall inure to the benefit of and shall be binding upon each of the Parties and their respective successors and assignees.
ATTACHMENT 1-9
MOU No.: M-003-22
SCAG Project/OWP No.: 300-4887V9.01
Date: September 23, 2021
16. Release of Information
The CITY shall not release any information to a third party or otherwise publish or utilize any information obtained or produced by it as a result of or in connection with the performance of services under this Agreement without the prior written authorization of SCAG, except as required by law (including, without limitation, pursuant to the California Public Records Act) and with prior written notice to SCAG.
17. Non-Exclusivity
Nothing herein is intended nor shall be construed as creating an exclusive arrangement between SCAG and the CITY. This Agreement shall not restrict SCAG from acquiring similar, equal or like services from other entities or sources.
18. Severability
If any provision of this MOU is held to be illegal, invalid, or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid, and enforceable, and the legality, validity, and enforceability of the remaining provisions shall not be affected thereby.
19. Survival
The following sections survive expiration or termination of this MOU:
Section 5 (Electronic Version of Work Products)
Section 9 (Indemnification)
Section 12(Disputes)
Section 16 (Release of Information)
20. Jurisdiction and Venue
This MOU shall be deemed an agreement under the laws of the State of California and for all purposes shall be interpreted in accordance with such laws. Both Parties hereby agree and consent to the exclusive jurisdiction of the courts of the State of California and that the venue of any action brought thereunder shall be Los Angeles County, California.
21. Waiver
No delay or failure by either Party to exercise or enforce at any time any right or provision of this Agreement shall be considered a waiver thereof of such Party’s right thereafter to exercise or enforce each and every right and provision of this Agreement. A Waiver to be valid shall be in writing but need not be supported by consideration. No single waiver shall constitute a continuing or subsequent waiver.
ATTACHMENT 1-10
MOU No.: M-003-22
SCAG Project/OWP No.: 300-4887V9.01
Date: September 23, 2021
22. Standard of Care
The Parties and Consultant shall perform the work required for the production of the Project under this MOU in accordance with generally accepted industry standards, practices, and principles applicable to such work.
23. Force Majeure
Neither the CITY, SCAG nor Consultant shall be liable or deemed to be in default for any delay or failure in performance under this MOU or interruption of services resulting, directly or indirectly, from acts of nature, civil or military authority, acts of public enemy, war, strikes, labor disputes, pandemics, or any other similar cause beyond the reasonable control of the CITY, SCAG or Consultant, provided that the Party seeking to delay or excuse its performance as a result of such event shall notify the other Party in writing of such circumstances within not more than ten (10) days following the first occurrence of the event forming the basis of the delay or excuse of performance. In the event that the Party seeking to delay or excuse its performance fails to timely deliver the notice described in the previous sentence, then such event shall not relieve the Party from its timely performance.
24. Execution of MOU or Amendment
This MOU, or any amendment related thereto (Amendment), may be executed in counterparts.
Moreover, each counterpart shall be deemed for all purposes to be an original, and all such counterparts together shall constitute one and the same instrument, binding on all Parties hereto. Transmission by facsimile, electronic mail, and/or other validated instantaneous electronic transmission to one Party of a true copy of a counterpart duly executed by the other Party shall constitute valid delivery of such counterpart, and shall be valid, binding and effective for all pu rposes. Notwithstanding the foregoing, the authority under this Section to execute this MOU or any Amendment with an electronic signature shall be limited to a physical ("wet ink") signature placed on a counterpart to this MOU or any Amendment by a Party and transmitted electronically as described in this Section to the other Parties.
25. Effective Date
This MOU shall be effective as of the last date in which the document is executed by both Parties.
26. Entire MOU
This MOU, including the attached Exhibits A, B and C , represents and contains the entire agreement of the Parties with respect to the matters set forth herein. This MOU supersedes any and all prior negotiations, discussions and, if any, previous agreements between the Parties.
27. Authority
ATTACHMENT 1-11
MOU No.: M-003-22
SCAG Project/OWP No.: 300-4887V9.01
Date: September 23, 2021
The CITY warrants and certifies that it possesses the legal authority to execute this Agreement and to undertake the obligations set forth in this Agreement for the Project, and that a resolution, motion, or similar action has been fully adopted or passed, as an official act of the CITY's governing body, authorizing advance payment of its general fund to SCAG for the LEAP Plan, and directing and designating the authorized representative(s) of the CITY to act in connection with the Project specified and to provide such additional information as may be required by SCAG.
ATTACHMENT 1-12
MOU No.: M-003-22
SCAG Project/OWP No.: 300-4887V9.01
Date: September 23, 2021
SIGNATURE PAGE TO
MEMORANDUM OF UNDERSTANDING
NO. M-003-22
IN WITNESS WHEREOF, the Parties have caused this MOU to be executed by their duly authorized representatives as of the dates indicated below:
SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (“SCAG”)
By: _______________________________________________ _________________ Cindy Giraldo Date
Chief Financial Officer
APPROVED AS TO FORM:
By: _______________________________________________ _________________ Michael R.W. Houston Date
Chief Counsel
CITY OF BURBANK (“CITY”):
By: _______________________________________________ _________________ Justin Hess Date
City Manager
APPROVED AS TO FORM BURBANK CITY ATTORNEY’S OFFICE:
By: _______________________________________________ _________________ Iain MacMillan Date
Senior Assistant City Attorney
ATTACHMENT 1-13
MOU No.: M-003-22
SCAG Project/OWP No.: 300-4887V9.01
Date: September 23, 2021
EXHIBIT “A”
SUMMARY OF DELIVERABLES
Task 1. Project Management (REAP Funded)
Deliverables:
• Kick-off meeting, including agenda and summary notes; • Revised project schedule/timeline, as applicable;
• Monthly status reports to the City’s Project Management and SCAG; • Monthly invoicing with timecards/receipts, description of daily work and percent complete reporting to SCAG;
• Monthly meetings/conference calls with City’s Project Management and SCAG to discuss project status;
• Monthly Meeting Agendas and Summaries; and
• Biweekly communication with the City’s Project Management. Method of communication will be determined by the City and Consultant staff.
Task 2. Technical Work (REAP Funded)
Deliverables:
• Memo summarizing background documents.
• Map and graphic templates
• Data transfer protocols memorandum
• Hard-copy maps and exhibits for zoning ordinance and technical studies • GIS database: project parcel basemap (with MXD and associated Shapefile or Geodatabase)
• Land use options memorandum on commercial, housing, and mixed-use • Draft zoning ordinance, with revised development and design standards text and mapping • Corresponding updates to the City’s General Plan Land Use maps as may result from the proposed specific plan update and associated zone text Updates. • Participate in two (2) meetings with Downtown Burbank Metrolink Station TOD Specific Plan Consultant, Golden State Specific Plan Consultant, City project manager, and PEIR Consultant.
• Specific Plan document, administrative draft and final draft • Draft and Final Market and Feasibility Study
• Draft GHG Emissions Technical Study with conclusions and recommendations (electronic copy via cloud-based document sharing)
• Final Emissions Technical Study with conclusions and recommendations (electronic copy via cloud- based document sharing)
ATTACHMENT 1-14
MOU No.: M-003-22
SCAG Project/OWP No.: 300-4887V9.01
Date: September 23, 2021
• CEQA Document and all required tasks to complete this effort (see Tasks 2.6 and 2.8 below)
• Noise Study and analysis
• Memorandum of conclusions and recommendations
• Parking Study and analysis
• Memorandum of conclusions and recommendations, up to three (3) revisions in response to City comments
• Draft Transportation Impact Report Presence of up to two team meetings • Up to eight (8) hours revisions in response to City comments • Draft and Final Water Supply Assessment
Task 3. Public Outreach and Communication ( Task 3.1 – REAP Funded, Tasks 3.2 -3.5 – LEAP Funded)
Deliverables:
• Draft and Final PIP
• Outreach materials
• Three (3) facilitated public workshops and supporting materials • Content for project webpage
• Draft City email notifications
• Specific Plan Style Guide
• Three (3) Project Fact Sheets - one in English, one in Spanish, and one in Armenian • Three (3) PowerPoint presentations
• Attendance at three (3) Study Sessions – two (2) for the City deliberative bodies (i.e., Planning Board and City Council) and one (1) for City IDRC Team.
Task 4. (LEAP Funded)
Deliverables:
• Presentation materials
• Attendance at two (2) presentations
Task 5. (LEAP Funded)
Deliverables:
• Final report and deliverables to SCAG and the City of Burbank
ATTACHMENT 1-15
MOU No.: M-003-22
SCAG Project/OWP No.: 300-4887V9.01
Date: September 23, 2021
Optional Task Deliverables:
• Task 6.1 (Funding source TBD, depending on cost, etc.) o Additional Review Time and Meetings
• Task 2.5a (Funding source TBD, depending on cost, etc.) o Consultant shall include up to an additional four (4) hours to address City staff comments on the draft technical study.
• Task 2.7a (Funding source TBD, depending on cost, etc.) o Consultant shall conduct one additional (1) revision in response to City comments of the parking study analysis.
• Task 2.8a(Funding source TBD, depending on cost, etc.) o Consultant shall add one (1) additional weekday count for the intersection data collection.
o Separate from the Transportation CEQA analysis discussed above, Consultant will analyze the project’s operational effects on the identified study intersections to ensure that the proposed plan maintains adequate roadway operations. If the analysis shows that the plan could have operational effects, Consultant shall identify possible measures to lessen those effects. Identified operational measures shall be compatible with the other Proposed Plan goals and policies as well as the policies of the Burbank2035 General Plan.
o Consultant shall add one (1) additional team meeting for the draft traffic impact analysis.
o Consultant shall add an additional eight (8) hours of revisions in response to City comments on the draft traffic impact analysis.
• Task 3.2a (Funding source TBD, depending on cost, etc.) o Consultant shall facilitate one (1) additional interactive public workshop, in collaboration with the City’s business and neighborhood partners. o Consultant shall also facilitate two (2) rounds of meetings with the City Boards and Commissions as part of th e stakeholder outreach effort to obtain feedback and present on the proposed Specific Plan Update.
o Consultant shall also modify as necessary the information from the public workshops to provide outreach materials to the City’s Board and Commissions as part of the City’s stakeholder outreach.
o Consultant shall provide Spanish and Armenian translation services at the public workshops.
• Task 3.5a (Funding source TBD, depending on cost, etc.) o Consultant shall prepare and attend two (2) additional Study Sessions on the Burbank Media District Specific Plan Update – one (1) more session for the City’s Planning Board and one (1) more for the City Council.
ATTACHMENT 1-16