FIRST AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
DATE: February 25, 2021
PARTIES: "CLIENT"
TERM:
THE CITY OF BURBANK, a municipal corporation
Designated Official: Name: Patrick Prescott
Title: Community Development Director
Telephone: (818) 238-5176
Mailing Address: 275 E. Olive Avenue
P. 0. Box 6459
Burbank, CA 91510
"CONSUL TANT"
Karen Warner Associates, Inc.
Representative: Name: Karen Warner Associates, Inc.
Title: President
Telephone : (626) 791-5596
Mailing Address: 882 N Holliston Ave
Pasadena CA 91104
Original Commencement Date:
Original Completion Date:
1st Amended Completion Date:
March 1, 2020
February 28, 2021
February 27, 2022
COST OF SERVICE:
Original Cost of Service:
First Amendment to Cost of Service:
Revised Cost of Service:
$379,313.00
$ 30,000.00
$409,313.00
THIS FIRST AMENDMENT TO THE AGREEMENT MUST BE EXECUTED BY THE
CONSULTANT OR ITS REPRESENTATIVE AND THEN APPROVED AS TO FORM BY
THE CITY A TIORNEY BEFORE THIS FIRST AMENDMENT MAY BE EXECUTED ON BEHALF OF THE CITY OF BURBANK.
BEN\Karen Warner I" amd karen warner - housing, safety element - 1st arnd 07-01-19
Page I
ATTACHMENT 3-1
1.0 Purpose. Client and Consultant entered into a Professional Services Agreement dated March 1, 2020, for Consultant to assist with the preparation of the Housing and Safety Element ("Agreement"). Now, Client and Consultant desire to amend the Agreement with this first amendment ("First Amendment") in order to extend the term of the Agreement to February 27, 2022, as well as, increase the Cost of Services by $30,000, for additional assistance to prepare the Housing Element's Sites Inventory, consistent with new State requirements (AB1397).
2.0 Amendment to Section 2.1. Section 2.1 (Term) of the Agreement is amended and restated as follows:
"2.1 Term. The term of this Agreement is from the Effective Date until February 27, 2022; provided, however, that the term of this Agreement may be extended by written amendment executed by authorized representatives of each of the Parties or may be earlier terminated as provided in Section 2.2 of the original Agreement.
3.0 Services. Consultant, as an independent contractor, hereby agrees to additionally perform during the term of the Agreement, each and every service set forth in the "Scope of Services ", attached hereto as Exhibit A-1. The services of Consultant set forth in this Exhibit A-1 are in addition to all services already required under the Agreement's original scope of services, which are attached to the Agreemen t as Exhibit A. The initiation of these additional services by the Consultant will commence upon receipt of a written notice from the Agreement's Designated Official authorizing Consultant to proceed, and only to the extent of such authorization. The services of the Consultant shall include the making of all investigations, studies, and analysis required by the conditions involved in each request of the Designated Official.
4.0 Compensation. The Agreement's "Cost of Services" is hereby increased from $379,313.00 to $409 ,313.00. The "Schedule of Compensation ", attached hereto as Exhibit B-1, hereby replaces Exhibit B of the Agreement in its entirety. Payment of all services under the Agreement shall be paid by the Client on a time-and-materials basis as indicated on the Schedule of Compensation set forth in Exhibit B-1.
5.0 Ratification of Professional Services Agreement. All other provisions of the Agreement dated March 1, 2020, not inconsistent with this First Amendment, shall remain in full force and effect.
BEN\Karen Warner I" amd karen warner - housing, safety element - I st amd 07-01-19
ATTACHMENT 3-2
In recognition of the obligations stated in this First Amendment , the parties have executed this First Amendment on the date indicated above.
"CONSULT ANT"
Signature
\-<' t\. v- -e V"\ \N c\..v' V\.L r
Name (please print)
'\)res, ' c\ t'..V\..,t"
Title
If Consultant is a corporation or LLC, a
Second signature is required:
~ ~t?J.~
Signature
c~~les c. \Jc._rM-(
Name (please print)
ck-,e..~ ~n~c;a( D(C~
Title
"CLIENT"
By ~
Signature
Patrick Prescott
Name (please print)
Community Development Director
Title
Approved as to Form
Office of the City Attorney
By: c2~ ~-===
Signature
lain MacMillan
Name (please print)
Assistant City Attorney
Title
ATTEST:
Office of the City Clerk
~?= ~Mullins, MMC,
N
BEN\Karen Warner I" amd karen warner- housing, safety element - 1st amd 07-01-19
ATTACHMENT 3-3
EXHIBIT A-1
SCOPE OF SERVICES
EXPANDED TASK 2.1
TASK 2. HOUSING ELEMENT PREPARATION AND SAFETY ELEMENT UPDATE
2.1A Housing Needs Analysis
This section of the Housing Element provides a comprehensive analysis of the City's existing and projected housing needs, and serves as a guide for focusing Housing Element policies and programs in response to these needs. Utilizing the existing documentation reviewed in Task 1.2 as a baseline, KWA will update and supplement this information with the most recent and reliable demographic and housing data available.
The Needs Assessment will encompass an analysis of the following:
• Population, demographic and employment trends with the accompanying analysis of the existing and projected City-share of regional housing needs for all income levels; • Special housing needs (e.g. large families, seniors, homeless, etc.); • Housing stock characteristics, including housing conditions and at-risk units; • Adequacy of the City's public facilities (maintenance and improvements needed); • Housing cost and affordability;
• Projected housing needs including those projections attributed to the City's zoning requirements and Burbank2035 General Plan policies and programs; • Current vacant and underutilized land inventory; and, • Review of the existing Housing Element Residential Sites Inventory.
Housing Element Sites Inventory
The following provides additional detail on development of the Housing Element Sites Inventory consistent with new State requirements. Pursuant to AB 1397, sites must now meet the following requirements to be included in the housing element:
• Sites must be "available" for residential development with "realistic and demonstrated potential" to accommodate housing development. Identified sites must have access to sufficient water, sewer, and dry utilities, or be part of a mandatory program to provide such utilities. Additional justification required on the unit capacity for each site, including review of project densities on similar sites in the city and at similar affordability levels. • Lower income sites must be between 1 /2 acre and 10 acres in size, unless the city can provide evidence why the site would be appropriate, such as proposal or approved development project affordable to lower-income households for the site. • Vacant sites identified in two or more prior housing elements for lower income households, and non-vacant sites identified in the prior housing element for lower income households that have not been approved for housing can no longer be used to fulfill the city's lower income RHNA need unless: a) the site is or will be rezoned to the minimum lower-income BEN\Karen Warner I" amd karen warner - housing , safety element - !st amd 07-01-19
ATTACHMENT 3-4
household density for the city within three years; and b) the zoning allows for residential development by right of at least 20% of the units for lower income households. • Expanded analysis and justification of non-vacant sites, including city's past experience converting existing uses to higher density residential development, current market demand for the existing use, and analysis of any existing leases or contracts that could prevent redevelopment of the site.
• If a city relies on non-vacant sites to accommodate 50% or more of its housing need for lower-income households, the "existing use shall be presumed to impede additional residential development , absent findings based on substantial evidence that the use is likely to be discontinued during the planning period." Sites identified for housing development that currently or within the last five years contained residential units occupied by lower-income households, or were subject to an affordability requirement or local rent control policy, must be replaced one-for-one with units affordable to the same or lower income levels.
The initial step in this task will be to update Burbank's existing sites inventory based on building permits issued during the prior planning period, projects with entitlements and pending projects.
The updated inventory will then be further refined based on a re-evaluation of previously identified multi-family sites and their ability to meet the criteria established under AB 1397. With this background information, KWA will then calculate the City's net RHNA sites target. Given the strengthening of "No Net Loss" planning law under SB 166 to require an adequate sites inventory be maintained throughout the RHNA planning period by income category, in addition to the net RHNA, it will be important for Burbank to have a sufficient sites buffer to offset any sites developed at lower densities or higher income levels than assumed in the Housing Element. As now required under AB 1255, the Housing Element must include an inventory of all surplus lands owned by the City, including identification of those surplus sites suitable for infill or high density housing.
The majority of future housing growth will be focused in three key planning areas - the Downtown TOD/Metrolink Area, the Golden State Area and the Media District. Specific Plans are in various stages of preparation in each of these areas, and will not be completed until after the Housing Element is due for adoption in October 2021. Therefore, KWA will need to coordinate closely with the specific plan consultants and staff to develop realistic capacity assumptions and ensure potential sites can meet the criteria necessary for inclusion in the Housing Element. In addition, because the zoning will not yet be in place in these three areas when the housing element is adopted, KWA will need to develop an "adequate sites" program for the element which fulfills the following statutory requirements:
• Accommodates 100 percent of the shortfall of sites necessary to accommodate the remaining housing need for housing for very low- and low-income households during the planning period.
• Permits owner-occupied and rental multifamily uses by right for developments in which 20 percent or more of the units are affordable to lower income households. • Permits the development of at least 16 units per site. • Ensures a) at least 50 percent of the shortfall of low- and very low-income regional housing need can be accommodated on sites designated for exclusively residential uses, orb) if BEN\Kare n Warner I" amd k aren warner - housing, safety element - I st amd 07-01 - 19
ATTACHMENT 3-5
accommodating more than 50 percent of the low- and very low-income regional housing need on sites designated for mixed-uses, all sites designated for mixed-uses must allow 100 percent residential use and require residential use to occupy at least 50 percent of the floor area in a mixed-use project.
Rincon Consultants, under KWA's direction, will coordinate with City staff and specific plan consultants, to prepare a series of GIS site inventory maps for inclusion in the Element, as well as for use in the public meetings.
BEN\Ka ren Warner I" amd karen warner - housing, safety element - I st amd 07-01- 19
ATTACHMENT 3-6
EXHIBITB-1
SCHEDULE OF COMPENSATION
Burbank Housinq Element Safety Element and EIR
Proiec1 Budoet Amendment l 2/23/20
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-0
en K'w'A Rincon 0
" KWA Cost " -~
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~
Hours Cost Cost Total Cost
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$175 $130 $130 $85
l Assessment
1.1 Evaluation of 2014-2021 Housing Element 12 16 28 $4,180 $4,180
1.2 Document Review 8 8 4 20 $2,960 $2,960
1.3 Housing Element Assessment Memo, Council S 24 16 8 48 $6,960 $6,960
1.4 Housinq Update Outline 8 8 $1,400 $1,400
2. Hous;ng Element Preparat;on and Safety Element Update
2.1A Housinq Needs Analvsis" 100 200 80 30 410 $56,450
2.1B Safetv Element Uodate fsee task 3.51
2.2 Housinq Resources and Oooortunities 8 12 20 $2,960 $2,960
2.3 Potential Housina Constraints 32 24 56 $8,720 $8,720
2.4 Housina Goals, Policies and Quantified Obiecti 40 24 64 $10,120 $10,120
2.5 Communitv Enaaaement 24 16 16 56 $7,640 $1,760 $9,400 On-Line Survev, Website/Social Media 12 16 6 34 $4,690 $9,600 $14,290 .1. Prepare and F;r,d;ze Hous;ng Element and Safety Element
3.1 Draft Housing Element 40 40 24 16 120 $16,680 $16,680
3.2 Planning Board and Citv Council Public Hearin 32 8 40 $6,640 $6,640
3.3 Final Housing Element 16 16 8 4 44 $6,260 $6,260
3.4 State Certification 8 8 $1,400 $1,400
3.5 Review and Evaluate Current Safety Element $2,500 $2,500
3.6 Provide Memorandum of Required Revisions $2,500 $2,500
3. 7 Prepare Draft and Final Safety Element Updates $4,846 $4,846
3. 8 Environmental Justice $10,356 $10,356
-1. Environmental Fkwew
4.1 Prepare Notice of Preparation (NOP] $6,842 $6,842
4.2 Public Scoping and Communitv Meeting $2,756 $4,700 $7,456
4.3 Prepare Administrative Draft Environmental Impact Report $76,927 $76,927 VMT Analvsis $43,340 $43,340
Traffic Operations Analysis $40,020 $40,020
4.4 Public Review of Draft EIR, Notice of $10,646 $4,700 $15,346 Availabilitv (NOA], and associated Planning Board
4.5 Prepare Responses to Comments $10,036 $10,036
4.6 Prepare Draft and Final Mitigation Monitoring $2,150 $2,150 and Reporting Program
4.7 Prepare Final EIR $2,800 $2,800
4.8 Final Filings $1,470 $1,470
Project Management 80 80 $14,000 $8,024 $22,024
I 1 11':1 1111119;11 I ,r,r, -=•: ·-ll'.J:- :n- •1r~i9 ~•l---"'•11 :"(I •• ~~-~r, ,~ .. _.. .. i'I m--,~~ Direct Costs
Printing $3,000 $3,800
Corelogic , CoStar Purchase $500
Cultural/Paleontological Resources Direct Costs $800
Noise Monitoring Direct Costs $150
Supplies and Miscellaneous Expenses $1,500 $2,000
General and Administrative $110 $420
Total o;rect Costs $5,110 $7,170 $12,280
Total Ad'!fili·cma'I Co"Sll $30llillID
1 ~., • :·, 1', - • ,1·},·· •• _..,...,·t·· •,.,·~:, r.::··?~,;~..l~.'.:cf ·· ',.-;. ":···-:· .. ~ . . , i:- ,.·,~ ;;.,-· . .:~,,: .. :•,••,,:·:·,r~·:-;' .. .;1 : --... '"I,,,..:.,·-·'··~·:
TOTAL LABOR+ ADDITIONAL COSTS . • ; · · :, ·· · · ,, · .' : , .. ·' ·. : ,' · ,; --·. -: .. , · · . , ',;;- · ·• ,, ... \-, $409,313 ~
~ Housing Needs ' Analysis includes expanded opportunity sites 'analysis io addr~ss the City's RHNA. , .':. -<.:· :. -~ ·:
• • ';,' ._, ~ ,. ~ ,, I!•'•.· • •.' «\~ ,1.- ' ,· j• I , .~ ,.,: ,. ~ o•I ·~·,. ! .'.,, ,'•,"•.,.·.~. '- BEN\Karen Warner I" arnd karen warner- housing, safety element- !st amd 07-01-19
ATTACHMENT 3-7