1 STAFF REPORT
DATE: May 24, 2022
TO: Justin Hess, City Manager
FROM: Patrick Prescott, Community Development Director Via: Fred Ramirez, Assistant Community Development Director Amanda Landry, Senior Planner
By: Shipra Rajesh, Associate Planner
Karen Pan, Administrative Officer
SUBJECT: Approval of a Fourth Amendment to Professional Services Agreement with Karen Warner Associates, Inc. for Consultant Services for the 2021- 2029 Housing Element, Safety Element, and Environmental Justice General Plan Update
RECOMMENDATION
Approve the Fourth Amendment to Professional Services Agreement (PSA) with Karen Warner Associates, Inc. ( Attachment 1 ) for the 2021- 2029 Housing Element, Safety Element, and Environmental Justice General Plan Update (Project).
BACKGROUND
The City entered into a PSA with Karen Warner Associates, Inc. (KWA) on March 1, 2020 to prepare the 2021-2029 Housing Element, Safety Element, and Environmental Justice General Plan Updates, and to conduct an environmental review per the requirements of the California Environmental Quality Act (CEQA) (Attachment 2). A First Amendment to this PSA was made on February 25, 2021 to extend the term of the agreement and to supplement the housing needs analysis to comply with new S tate laws (Attachment 3).
A Second Amendment to the PSA was made on September 14, 2021 to address additional CEQA review tasks, conduct traffic operational analysis, and to respond to formal comments from the California Department of Housing and Community Development (HCD). The Third Amendment was made on February 15, 2022 to extend the term to February 23, 2023. Currently, staff is requesting a Fourth amendment to the PSA to increase the cost of service of this PSA . Pursuant to Burbank Municipal Code
COMMUNITY
DEVELOPMENT
2 (BMC) Section 2 -2-102, City Council approval is required f or the proposed Fourth Amendment.
DISCUSSION
The Project addresses State-required updates to the General Plan, including the Housing and Safety Elements, and incorporation of Environmental Justice policies. The first City Council study session for the Project was held on July 21, 2020. The General Plan update and the associated Environmental Impact Report (EIR) are available to review for public comment (https://www.burbankhousingelement.com/). The proposed General Plan update and EIR are anticipated to be presented to the City Council in Summer 2022.
A Fourth Amendment to the PSA is being requested to compensate for the Consultant services that are required to complete the Housing Element portion of the Project and the Final EIR. Specifically, the additional services needed to complete the Project include the following:
• For the Housing Element Update, additional project management services are requested for Karen Warner Associates to fully address comments from HCD on the draft Housing Element . The final Housing Element will incorporate all the necessary changes identified by HCD, such as the Affirmatively Furthering Fair Housing (AFFH) requirements, that are necessary to achieve State certification of the Housing Element. The cost of these services is $29,520. • For the EIR , additional project management and revisions were required beyond what was initially anticipated. This includes preparation of the Administrative Draft EIR, response to public comments, response to Planning Board comments from March 2022, and preparation of Final EIR and public hearings. The total amount for these services from sub-consultant, Rincon, Consultants Inc., is $22,000. • For the Subconsultant, Fehr & Peers, who assist in providing the transportation planning services for the Project, to be available in person for Planning Board and City Council hearings to answer questions and assist the City in the final preparation of the Project. The total amount for these services from Fehr & Peers is $12,900.
The above additional tasks are necessary to ensure the Project will achieve compliance with the State law, providing a thorough analysis of potential Project impacts as part of the Final EIR, and obtain State certification of the Housing Element. The total cost for the proposed scope of work is $64,420.
FISCAL IMPACT
The cost of the PSA Amendment is $ 64,420. There is no fiscal impact since f unds are available in the current Fiscal Year 2021- 2022 Budget for $ 64,420 in account number 001.CD31A.62085.00000 (General Fund, Planning Division, Other Professional Services, Housing Element Implementation Update).
3 CONCLUSION
Staff recommends that the City Council authorize the City Manager to amend the PSA with Karen Warner Associates, Inc. for an additional $64,420 to supplement the ongoing project management work as well as the environmental and transportation analysis to compete the Project and finalize the EIR.
ATTACHMENTS
1 – Fourth Amendment to Professional Services Agreement 2 – Professional Services Agreement
3 – First Amendment to Professional Services Agreement
4 – Second Amendment to Professional Services Agreement 5 – Third Amendment to Professional Services Agreement
6 – Karen Warner Associates Request for Amendment to Contract