Burbank City Council
November 1, 2022

PROFESSIONAL SERVICES AGREEMENT
by and between

THE CITY OF BURBANK
and
KAREN WARNER ASSOCIATES, Inc.
dated as of March 1, 2020
ATTACHMENT 2-1

PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT (this “Agreement”), is made and entered into this 1st day of March, 2020, (the “Effective Date”), by and between THE CITY OF BURBANK, a municipal corporation (the “City”) and Karen Warner Associates, Inc. (the “Consultant”). The City and the Consultant are herein referred to, individually, as a “Party”, and, collectively, as the “Parties”.

City and Consultant agree as follows:

1.0 Services. Consultant, as an independent contractor, agrees to perform during the term of this Agreement, each and every service described in the “Scope of Services” set forth on Exhibit A to this Agreement (the “Scope of Services”). The initiation of service by the Consultant should not commence until all of the following conditions have been satisfied:
(a) Consultant has furnished all of the insurance documents required by Section 10.0 below; and
(b) Consultant has furnished any required supporting
documentation required by Sections 16.0 below.
(c) To the extent that the Scope of Services involves more than one service, Consultant shall perform the services only to the extent of the authorization provided by the City Project Manager. 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 City Project Manager. The Scope of Services shall not be modified without an amendment executed by the authorized representatives of each Party.

1.1 Extra Servic es
Unless City and Consultant have agreed in writing before the performance of extra services that are beyond the Scope of Services , City shall have no liability for such extra services and Consultant shall have no right to claim compensation for such extra services or expenses. The applicable hourly rates for authorized extra services shall be at the hourly rates set forth in the Schedule of Compensation (Exhibit B) unless otherwise agreed to by the parties in writing.

ATTACHMENT 2-2

2.0 Term of Agreement; Termination.

2.1 Term. The term of this Agreement is from the Effective Date until February 28, 2021; 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 below (the “Term”).

2.2 Termination by City. The City may terminate any or all of the services agreed to be performed under this Agreement without cause, at any time during the Term by giving the Consultant thirty (30) days’ notice in writing.

Either party may terminate this Agreement with cause, immediately upon giving the other party written notice of such default or breach of this Agreement that is the basis for the termination.

2.3 Effect of Termination. In the event of termination, Consultant shall have the right and obligation to immediately assemble work in progress for the purpose of closing out the job. All compensation for actual work performed and charges outstanding at the time of termination shall be payable by City to Consultant within thirty (30) days following submission and approval of a final invoice by Consultant unless termination is for cause. In the event that such termination was for cause, Consultant shall be compensated only to the extent required by law.

3.0 Compensation and Schedule of Compensation. The total compensation (including, but not limited to all fees, expenses, reimbursements or other costs) payable by the City to the Consultant under this Agreement shall not exceed the sum of $379,313 (the “Cost of Services”). The Cost of Services shall not be increased without a written amendment executed by the authorized representatives of each Party. Consultant shall earn the compensation set forth in the Cost of Services in accordance with the “Schedule of Compensation” as attached to this Agreement as Exhibit B. No payment for expenses, labor or any other cost shall be paid to Consultant unless it is within the Scope of Services (Exhibit A).

4.0 Personnel.

4.1 The staff person designated by Consultant to be the primary point of contact (the “Representative”) for day- to-day performance of this Agreement shall be:

Karen Warner Associates, Inc.

President
882 N Holliston Ave
Pasadena CA 91104
(626) 791-5596
[email protected]
ATTACHMENT 2-3
Representative shall be a key member of Consultant’s firm, and shall be directly involved in performing, supervising or assisting in the performance of the Scope of Services under this Agreement. The Representative shall be the key person to communicate with, and periodically report to, City on the progress of the work. The Consultant may, from time to time, remove or replace the Representative designated in this Agreement only with prior written consent by the City’s Designated Official.

4.2 The services to be performed by Consultant shall be accomplished under the general direction of, and coordination with, the staff person designated by the City serving as the project manager (the “City Project Manager”). The City Project Manager designated by the City for day-to- day administration of this Agreement shall be:

Lisa Frank
Senior Planner
150 N Third St., 2nd floor
Burbank CA 91502
(818) 238-5250
[email protected]

The City may, from time to time, remove or replace the City Project Manager designated in this Agreement by written notice to Consultant.

The City Project Manager has no authority to execute any amendments, consents or waivers on behalf of the City.

4.3 With respect to matters that extend beyond the day- to-day administration of this Agreement, the City designates Federico “Fred” Ramirez, Assistant Community Development Director, of the Community Development Department. (the “Designated Official”) to handle such matters.
(818) 238-5250
[email protected]

5.0 Invoicing and Payment. Consultant shall provide City with written verification of the actual compensation earned, which written verification shall be in a form reasonably satisfactory to the City Project Manager. Invoices shall be made no more frequently than on a monthly basis and no less frequently than every 60 days, and shall describe in reasonable detail the work performed (including a list of hours worked by personnel classification) together with any receipts, invoices or other documentable expenses that are reimbursable under the Schedule of Compensation. All payments shall be made within thirty (30) days after City’s approval of such invoice.

ATTACHMENT 2-4

6.0 Standard of Skill. Consultant, and Consultant's officers, employees and agents, if any, are skilled in the professional calling necessary to perform the work agreed to be done pursuant to this Agreement. The work performed by Consultant shall be with the degree of skill and diligence normally practiced in the industry for which Consultant is being retained by the City. To the extent that Consultant’s industry is subject to guidelines, rules or other standards, Consultant shall ensure that it complies with such guidelines, rules or other standards. The acceptance of Consultant's work by the City shall not operate as a release of the Consultant from such standard of care and workmanship.

7.0 Independent Contractor. Consultant is retained and engaged by the City only to the extent set forth in this Agreement, and the Consultant's relationship to the City is that of an independent contractor. Consultant shall be free to dispose of all portions of Consultant's time and activities which Consultant is not obligated to devote to the City in such a manner and to such persons, firms, or corporations as the Consultant sees fit except as expressly provided in this Agreement. Consultant shall not be considered to have the status of an employee under this Agreement or be entitled to participate in any insurance, medical care, vacation, sick leave, or other benefits provided for City's officers or employees. Consultant shall be solely responsible for any workers compensation insurance, withholding taxes, unemployment insurance, and any other employer obligations associated with the performance by the Consultant (including any of its officers, employees or other agents) of its obligations under this Agreement. Consultant has no authority to bind City in any manner or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by the City.

8.0 Hold Harmless and Indemnity. Consultant shall fully and promptly undertake its obligations as set forth below:

8.1 Hold Harmless. To the fullest extent provided by law, Consultant holds City, its elected officials, officers, agents, and employees, harmless from all of Consultant's claims, demands, lawsuits, judgments, damages, losses, injuries or liability to Consultant, to Consultant's employees, to Consultant’s contractors or subcontractors, or to the owners of Consultant's firm, which damages, losses, injuries or liability occur during the work required under this Agreement, or occur while Consultant is on City property, or which are connected, directly or indirectly, with Consultant's performance of any activity or work required under this Agreement.

8.2 Defense and Indemnity. Consultant shall investigate, defend, and indemnify City, its elected officials, officers, agents, and employees, from any claims, lawsuits, demands, judgments, and all liability including, but not limited to, monetary or property damage, lost profit, ATTACHMENT 2-5
personal injury, wrongful death, general liability, automobile, infringement of any intellectual property rights (including, copyright, patent and trademark), or professional errors and omissions arising out of, directly or indirectly, any error, negligence, recklessness, or omission of Consultant or any of Consultant’s officers, agents, employees, representatives, sub-consultants, or subcontractors, or the willful misconduct of Consultant or any of Consultant’s officers, agents, employees, representatives, sub-consultants, or subcontractors, in performing the services described in, or normally associated with, the work required under this Agreement, or breach by Consultant of this Agreement.

The duty to defend shall include any suits or actions
concerning any activity, product or work required under this Agreement, and also include the payment of all court costs, attorney fees, expert witness costs, investigation costs, claims adjusting costs and any other costs required for and related thereto.

8.3 No Waiver. City does not waive, nor shall be deemed to have waived, any indemnity, defense or hold harmless rights under this section because of the acceptance by City, or the deposit with City, of any insurance certificates or policies described in Section 10.0 below.

9.0 Correction or Re-Performance of Work. If City believes that any of the work performed under this Agreement does not comply with the terms of this Agreement, City may deliver notice to Consultant. Such City’s notice shall describe how the work performed, including any deliverables resulting from such work, does not meet the requirements of this Agreement, including failure to meet the applicable standard of care set forth in Section 6.0 and, upon City’s sole discretion, may also make a request for Consultant to re-perform the services. If City requests Consultant to re-perform services, Consultant shall promptly re- perform the services at no additional cost to City in a reasonably timely manner.

Should Consultant fail to make such correction or re-performance, the cost thereof shall be withheld from any funds due to Consultant hereunder or charged to Consultant with such amounts to be paid by Consultant within thirty (30) days of receipt of such invoice.

10.0 Insurance.

10.1 Insurance Coverage. Consultant shall maintain, throughout the Term, the insurance coverage set forth in the “Insurance Requirements” as attached to this Agreement as Exhibit C.

10.2 Delivery of Certificates of Insurance and Endorsements. Prior to the commencement of any work by Consultant under this Agreement , Consultant shall provide the City with copies of certificates (on an Accord form as modified per City direction) for all policies together with the ATTACHMENT 2-6
appropriate endorsements required in Exhibit C. At the request of the City, Consultant shall deliver a copy of its insurance policies.

10.3 Failure to Maintain Insurance. If Consultant receives a cancellation notice of any insurance required by this Agreement, Consultant shall, within one day of receipt, forward said notice to City Project Manager. If Consultant at any time during the Term of this Agreement, should fail to secure or maintain any insurance required under this Agreement, the City shall be permitted to obtain such insurance in the Consultant's name or as an agent of the Consultant and shall be compensated by the Consultant for the cost of the insurance premiums at the maximum rate permitted by law computed from the date written notice is received that the premiums have been paid. Such costs can be assessed by deducting such costs from any amounts due and payable to the Consultant as compensation under the terms of this Agreement.

11.0 Work Product .

11.1 Deliverables. Consultant shall deliver to the City the studies, plans, specifications, drawings, photographs, maps, videos, records, designs, data, reports, documents or other work products as are identified in the Scope of Services (“ Work Product”). The City may also request, and Consultant shall provide to City, copies of all other information developed in the course of the Consultant’s performance of this Agreement.

Consultant shall, in such time and in such form as the City may require, furnish reports concerning the status of services required under this Agreement. Consultant shall, upon request by City and upon completion or termination of this Agreement, deliver to the City all Work Product produced by the Consultant. Consultant represents and warrants that upon delivery of the Work Product, such Work Product shall be free of all liens, security interests or any other encumbrances.

11.2 Ownership. Each and every item that constitutes Work Product produced, prepared, or caused to be prepared by the Consultant pursuant to or in connection with this Agreement shall be the exclusive property of the City.

12.0 Confidentiality.

12.1 Non-Disclosure Exemptions. Consultant may be granted access to information that is exempt from disclosure to the public and may contain “trade secrets” when it is necessary for Consultant to perform its obligations pursuant to this Agreement. If Consultant is granted such access to confidential information, Consultant shall not be considered to be a member of the public as that term is used in the California Public ATTACHMENT 2-7
Records Act.

12.2 Confidentiality Obligation. Consultant shall not disclose, publish, or authorize others to disclose or publish, design data, drawings, specifications, reports, or other information pertaining to the projects assigned to Consultant by the City or other information to which the Consultant has had access during the Term of this Agreement without the prior written consent of the Designated Official during the Term of this Agreement and this obligation shall survive for a period of two (2) years after the termination of this Agreement. Notwithstanding the foregoing, the confidentiality obligations imposed by this Agreement shall survive as to any of the following information (a) a trade secret under applicable law for so long as such information constitutes a trade secret thereunder, (b) each utility customer’s “data” under applicable law unless Consultant has secured such customer’s express, written consent to release of such custom er’s information, (c) any information classified by City as “critical infrastructure information” or “protected critical infrastructure information” or “protected system,” or (d) any other documentation that has been identified as confidential by City until City has advised Consultant in writing that such information may be released.

13.0 Acceptance of Final Payment by Consultant . The acceptance by Consultant of the final payment made under this Agreement shall release City from all claims and liabilities for compensation to or for the benefit of Consultant for anything done, furnished, or relating to Consultant's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within 10 calendar days of the receipt of that check; provided, however, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, agents, subcontractors and subconsultants for the satisfactory performance, accuracy and/or competency of the information provided and/or work performed by Consultant; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, agents, subcontractors and subconsultants.

14.0 Records. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by the City, the Designated Official or the City Project Manager. Consultant shall maintain adequate records on services provided in sufficient detail to permit an evaluation of services.

All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.

Consultant shall provide access to the Designated Official or designees at all proper times to such books and records, and gives the Designated Official or designees the right to examine and audit such books and records and to make transcripts as ATTACHMENT 2-8
necessary, and to allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Consultant shall maintain such records for at least four years after the termination or final payment under this Agreement , whichever is later.

15.0 Conflict of Interest. Consultant agrees to be familiar with and comply with all applicable federal, state and local conflict of interest laws (including 2 CFR 200.318, if federal money is funding any part of this Agreement). Consultant represents and warrants that it is unaware of any City employee or official that has a financial interest in Consultant's business. During the Term of this Agreement and/or as a result of being awarded this Agreement, Consultant shall not offer or accept any financial interest in Consultant's business by any City employee or official.

16.0 Payee Registration Form. City shall provide a Payee Registration Form to Consultant and Consultant shall deliver a completed registration form to the City.

Consultant acknowledges that this form is necessary for the City to process any payment for services hereunder.

17.0 Non-Appropriation of Funds. Payments due and payable to Consultant for current services are within the current annual budget and within an available, unexhausted and unencumbered appropriation of City funds. In the event City has not appropriated sufficient funds for payment of Consultant services beyond the current fiscal year, this Agreement shall cover only those costs incurred up to the conclusion of the current fiscal year.

18.0 Compliance with Laws. Consultant agrees to perform all of its obligations under this Agreement in accordance with all applicable federal, state and local laws, rules and regulations. This obligation shall include, but is not limited to, the following requirements set forth below:

18.1 Permits and Licenses. Consultant, at its sole expense, shall obtain and maintain during the Term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.

18.2 Anti-Terrorism Laws; Sanctions. The Consultant represents and warrants that:

(1) it is not a person described or designated in the Specially Designated Nationals and Blocked Persons List of the Office of Foreign Assets Control, United States Department of the Treasury or in Section 1 of Executive Order No. 13,224, 66 Fed. Reg. 49,079 (2001), issued by the President of the United States of America (Executive Order Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support ATTACHMENT 2-9
Terrorism);
(2) it does not engage in any dealings or transactions with any such persons described above; and
(3) is not otherwise blocked, subject to sanctions under or engaged in any activity in violation of other United States economic sanctions, including but not limited to, Trading with the Enemy Act, the International Emergency Economic Powers Act, Accountability and Divestment Act or any other similar law or regulation with respect to any country, the Sudan Accountability and Divestment Act, any OFAC Sanctions Program, or any economic sanctions regulations administered and enforced by the United States or any enabling legislation or executive order relating to any of the foregoing.

19.0 Meet and Confer. The Parties agree to meet and confer concerning all claims, disputes or other matters in question between the Parties arising out of or relating to this Agreement or breach thereof prior to the institution of any litigation.

20.0 Waiver; Remedies Cumulative. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such Party's right to demand strict performance by such other Party in the future. No waiver by a Party of a default or breach of the other Party shall be effective or binding upon such Party unless made in writing by such Party, and no such waiver shall be implied from any omissions by a Party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a Party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right or remedy.

21.0 Integrated Agreement; Construction. This Agreement, including any exhibit, schedule or addendum attached hereto, supersedes any other agreements, either oral or in writing, between the parties hereto with respect to the rendering of services hereunder, and contains all of the covenants and agreements between the Parties with respect to said services. The provisions of this Agreement shall be construed as a whole according to its common meaning of purposes of providing a public benefit and not strictly for or against any Party. No verbal agreement or implied covenant shall be held to vary the provisions of this Agreement.

In the event an inconsistency arises between any attachments (including any exhibit, schedule or addendum) and any term of this Agreement, the terms of this Agreement shall prevail. This Agreement shall bind and inure to the benefit of the Parties to this ATTACHMENT 2-10
Agreement and any subsequent permitted successors and assigns.

22.0 Amendment; Modification. This Agreement may only be amended or otherwise modified upon written mutual agreement of each of the authorized representatives of the Parties.

23.0 Assignment. This Agreement is personal to the Consultant and may not be assigned without the prior written approval of the Designated Official.

Notwithstanding the foregoing, any assignment in violation of this Section by the Consultant is voidable in the City’s sole discretion.

24.0 Use of t he Term “City .” Reference to “City” in this Agreement includes City Manager or any authorized representative acting on behalf of City.

25.0 Severability. If any part, term, or provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of a federal, state, or local governmental entity having jurisdiction over this Agreement, the validity of the remaining portions or provisions shall not be affected by such holding.

26.0 Execution Counterparts. This Agreement may be executed in any number of counterparts and each such duplicate counterpart shall constitute an original, any one of which may be introduced in evidence or used for any other purpose without the production of its duplicate counterpart. Moreover, notwithstanding that any of the Parties did not execute the same counterpart, each counterpart shall be deemed for all purposes to be an original, and all such counterparts shall constitute one and the same instrument, binding on all of the Parties hereto. Facsimile transmission and/or validated 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.

27.0 Governing Law. The terms of this Agreement shall be interpreted according to the laws of the State of California. The Parties agree and consent to the jurisdiction of the state and federal courts of competent jurisdiction exclusively in the County of Los Angeles, California.

28.0 Survival. The provisions of Sections 8, 9, 10 and 12.0, shall survive for a period of four years following the termination or expiration of this Agreement, whichever is later.

ATTACHMENT 2-11

29.0 Notices. Any written notice required by this Agreement shall be given by depositing such notice in the United States mail, postage prepaid or by personal delivery, and addressed as follows:

TO CITY:

The City of Burbank
Community Development Department
Attention: Lisa Frank
150 N. Third St., 2nd floor
Burbank CA 91502
[email protected]

With a copy to:

The City of Burbank
Community Development Department
Attention: Lisa Frank
150 N. Third St., 2nd floor
Burbank CA 91502
[email protected]

TO CONSULTANT:

Karen Warner Associates, Inc.

Attention: Karen Warner
882 N. Holliston Ave
Pasadena CA 91104
[email protected]

All notices shall be effective upon deposit in the mail, as specified above, or personal delivery.

Either Party may change the specified person or address at which it is to receive notices by so advising the other Party in writing.

ATTACHMENT 2-12

30.0 Safety Requirement. To the extent that Consultant performs any work on premises owned or leased by the City, the Consultant agrees that it shall comply with this Section. All work under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL-OSHA. The City reserves the right to issue restraint or cease and desist orders to the Consultant when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. The Consultant shall maintain the work sites free of hazards to persons and property resulting from its operations.

Any hazardous condition noted by the Consultant, which is not the result of his operations, should immediately be reported to the City Project Manager.

31.0 Copyright. In the event Consultant creates an original work product as part of the Scope of Services (“work product”), Consultant agrees that work product is a work made for hire. Consultant acknowledges that he/she received consideration for this work product and has no copyright interest in any of the work product, or in any copyright related to the work product. For example work product may involve:
illustrations and graphic design services, digital and print branding services, photographs, Meta Tags, text, photographs whether edited or not, and other graphic images, appearing on the web sites or other applicable medium, domain names, log-in credentials for social media and other on-line electronic platforms.

Further, if this Agreement is found by any court or other jurisdiction to not be a work-for–hire as defined in 17 U.S.C. 101, then Consultant hereby transfers any and all interest of the copyright(s) in the work product to City. This transfer and assignment are irrevocable and in perpetuity.

Further, Consultant represents and warrants: 1) that all work product shall be original and not subject to any other ownership claims by third parties, and 2) if applicable, that consent by individuals depicted in any work product have been obtained and written releases will be delivered to City prior to the completion of the Scope of Services. Consultant indemnifies and defends City as to any damages arising out of or relating to a breach of this warranty and representation.

If applicable, Consultant agrees to provide all log-in credentials for social media and other on-line electronic platforms to City within ten (10) days of establishing same, which shall allow City at any time with the ability to access, utilize and maintain the social media account or electronic on-line platform, should City choose to do so. In any event, upon the conclusion of Consultant’s services, Consultant shall no longer utilize any log-in credentials or electronic on-line platforms.

32.0 Prevailing Wages. To the extent that the Consultant performs any work described in California Labor Code Section 1720(a)(1), including, but not limited to, inspection and land surveying work Consultant agrees that it shall comply with this Section. The Consultant, and any subcontractor or subconsultant working on behalf of the ATTACHMENT 2-13
Consultant with respect to this Agreement, is required to pay not less than the established prevailing rates of wages to all workers employed in the execution of this Agreement, and Consultant shall comply with all other requirements applicable to Public Works Construction as specified in the California Labor Code and/or Davis Bacon Act, if federal money is funding any part of this Agreement. Furthermore, Consultant must register as a public works contractor with the California Department of Industrial Relations, if the compensation under this Agreement is greater than $25,000.
[Signature Page on the Following Page]
ATTACHMENT 2-14
ATTACHMENT 2-15

EXHIBIT A

SCOPE OF SERVICES
Karen Warner Associates to assist with the Preparation of the Housing and Safety Element:

Pursuant the City’s RFP, the Scope of Work is comprised of four overall tasks:

Task 1 – Assessment
Task 2 – Housing Element Preparation and Safety Element Update Task 3 – Prepare and Finalize Housing Element and Safety Element (including Environmental Justice component)
Task 4 – Environmental Review
The following Scope of Work describes the detailed subtasks within each of these four areas, including identification of the products and meetings to occur within each task (Task 5 in the City’s RFP). The project budget provides a breakdown of costs by each task, and is provided under separate cover.

TASK 1. ASSESSMENT

1.1 Evaluation of 2014-2021 Housing Element
In order to develop appropriate programs to address the community’s housing needs, KWA will work with City staff to determine the achievements under adopted housing programs in the 2014-2021 Burbank Housing Element, and evaluate the effectiveness of these programs in delivering housing services. This evaluation will include a description of the City’s track record in producing new affordable housing during the prior planning period, and a comparison of both market rate and assisted housing production with the City’s identified regional housing growth needs (RHNA).

Separate from the evaluation of accomplishments that is integrated directly within the Housing Element, KWA will prepare a summary of new State housing laws relevant to the Element update, and identify potential additional programmatic responses to address.

1.2 Document Review
This task will involve review of key City documents as background to the Housing Element update. Such documents include:
 Burbank2035 General Plan and 2014-2021 Housing Element  2019 City Council 12,000 Unit Housing Production Goal  Affordable Housing Analysis and Strategy
 Homelessness Strategy
 2020-2025 Consolidated Plan
 2020-2025 Analysis of Impediments to Fair Housing Choice  Feasibility Study for Inclusionary and Density Bonus Ordinance Updates, and Draft Ordinances when available
ATTACHMENT 2-16
 Background Reports on Golden State and Burbank Center Specific Plans when Available

1.3 Housing Element Assessment Memorandum and Council Study Session KWA will prepare a draft memorandum summarizing the results of Tasks 1.1 and 1.2, and recommending changes to be incorporated into the Housing Element Update. We will meet with staff to review the memorandum, and incorporate changes for distribution to City Council.

KWA will assist staff in conducting a City Council Study Session to present the findings and recommendations of the Housing Assessment Memorandum.

1.4 Housing Update Outline
This task will involve preparation of a detailed outline of the proposed Housing Element Update, taking into consideration the findings from the Housing Element Assessment Memorandum.

Task 1 Products: List of Data Needs
Draft/Final Housing Element Assessment Memorandum
Housing Element Outline
Task 1 Meetings: Kick-off Meeting with Staff
Staff Meeting to Review Memorandum
City Council Study Session
TASK 2. HOUSING ELEMENT PREPARATION AND SAFETY ELEMENT UPDATE

2.1A
Housing Needs Analysis
Thi
s 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.

ATTACHMENT 2-17
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 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 and current projects with entitlements. 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.

ATTACHMENT 2-18
We understand the City anticipates the need for rezoning in two key planning areas – the Burbank Center Plan and the Golden State Specific Plan – and has already initiated a process to create/update specific plans in these areas. KWA will coordinate closely with the specific plan consultants to share information and ensure identified sites can meet the criteria necessary for inclusion in the Housing Element.

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.

2.1BSafety Element Update

As described in detail in Tasks 3.5, 3.6, and 3.7, Rincon will identify any necessary updates to the City’s Safety Element to ensure that it complies with State regulations, as follows:
 Review and evaluate the current Safety Element to determine its compliance with State law;
 Provide a list of any corrections that must be made to text and/or exhibits in the Safety Element to bring it into compliance; and,
 Update to portions of the Safety Element as necessary for compliance with State law and consistency with other elements in the Burbank2035 General Plan.

2.2 Housing Resources and Opportunities

This section of the Element presents the primary local, County, State, federal, and private funding resources available to support Burbank ’s housing program, including information on program parameters. The status of the Successor Agency to the Burbank, Redevelopment Agency will be discussed, and remaining redevelopment set-aside funds projected to be available through the planning period. Administrative resources – public and non-profit agencies involved in local housing activities – are described. Within the context of energy conservation resources, green building and policies for environmental sustainability in Burbank will be presented.

2.3 Potential Housing Constraints

The constraints section of the Element encompasses both governmental and nongovernmental constraints upon the maintenance, improvement or development of housing. Non-governmental constraints include: market mechanisms (land and construction costs, availability of financing); infrastructure, and environmental constraints. Potential governmental constraints are evaluated in detail, and include an analysis of the following: General Plan land use designations; residential and mixed use development standards; inclusionary zoning ordinance and in-lieu fees; zoning provisions for a variety of housing types; planning and zoning regulations for persons with disabilities; on- and offsite improvements; building codes and related code enforcement; fees and exactions; and processing and permit procedures. Various affordable housing incentives offered by the City, such as flexible development standards, density bonuses, fast track processing, reduced fees, etc. will also be evaluated.

Per AB 879, the governmental constraints analysis must now specifically address "any locally adopted ordinances that directly impact the cost and supply of residential development." Such ordinances include inclusionary housing and short-term rental ordinances, and mitigation fees related to traffic and parks. The non-governmental constraints section of the element must now ATTACHMENT 2-19
analyze requests to develop housing at densities below those identified in the housing element sites inventory, and the length of time between project approval and submittal of building permit application. To the extent analysis identifies governmental or non-governmental constraints, the element must include a program to address.

2.4 Housing Goals, Policies and Quantified Objectives
This section of the Element sets forth the City’s goals, policies and objectives with respect to housing, and establishes an eight-year implementation plan with specific program actions.

Policies and programs will initially be based on the Ci ty’s current practices, and augmented and refined in response to the community’s identified housing needs, constraints and resources; and in response to public and decision-maker input. KWA will develop detailed programmatic descriptions for any new programs being proposed, including identification of interim steps necessary to initiate the program, potential funding sources, and timeframe for program implementation.

The Housing Plan will include a program summary chart, which specifies the following for each program: program objective, funding source, responsible agency and implementation time frame.

This chart can then be used to track program implementation, and can serve as the basis for the City’s annual report to the State Department of Housing and Community Development (HCD).

2.5 Community Engagement
The Housing Element is tasked with identifying ways to reduce regulatory, physical and environmental constraints to the production of housing, and identifying a sufficient amount of developable land that can accommodate the City’s assigned regional housing growth needs (RHNA). Early and ongoing education and outreach with the City’s decision makers and local community will be critical to the success of the program, both to obtain input and ally concerns, and to identify solutions. Rincon will support KWA in community outreach and communication.

For purposes of budgeting, we have included the following outreach in the scope:
✓ Public study session before City Council (1) – included under Task 1.3 ✓ Community-wide workshops (2) – included below
✓ Stakeholder workshop (1) – included below
✓ Public hearings before Planning Board/City Council (4) – included under Task 3.2 The Burbank Center Plan and Golden State Specific Plan update processes will involve extensive community outreach, including the identification of future housing sites, and w ill be running concurrently with the Housing Element update. It will thus be critical to coordinate the Housing Element community engagement and site identification process with these efforts. The following suggested structure of the two community workshops will be refined to synchronize with the content and timing of outreach being conducted for the specific plans.

Community workshops on the Housing Element will be interactive in nature, and geared towards presenting information in non-technical terms understandable to the lay public. KWA will assist the City in identifying techniques to solicit participation of disadvantaged and non-English ATTACHMENT 2-20
speaking communities, and will coordinate with the City in providing translation services at the meetings.

The initial workshop will emphasize education, including the City’s housing needs, current policies and programs, RHNA and existing sites and shortfalls. Depending on the size of the group, we will either work with the group as a whole, or break into small groups to brainstorm the community’s most pressing housing needs and opportunities.

At the subsequent community workshop, we will facilitate group discussion on the housing element sites inventory and potential new housing sites to address the RHNA along wi th a sufficient sites buffer. KWA will coordinate with City staff to provide maps and photos of potential sites for review and vetting by the community.

At the conclusion of the two public workshops, KWA will prepare a summary report of community comments and recommendations for review with staff and input into the Housing Element.

We recommend also conducting a more focused stakeholder’s workshop involving groups and individuals involved with housing issues in Burbank, such as BHC, the Burbank Association of Realtors, and the Chamber of Commerce. The purpose of the workshop is to provide stakeholders with information on Burbank’s housing needs and current programs, and to solicit input regarding the City’s options and potential resources available to address key needs.

On-Line Survey/Project Website/Social Media Support. Rincon and KWA will design a project webpage to be hosted on the City’s websit e in collaboration with staff. The website will provide an attractive and user-friendly portal for updates, materials, and announcements where community members can stay up- to-date on the project and access relevant documents. The website will be supplemented with additional interactive online engagement tools, including an on-line Housing Needs Survey in support of the Housing Element. The team will prepare up to four press releases over the duration of the project to be issued by the City to local media and posted on the project website and other appropriate outlets.

Task 2 Products: Workshop Flyers, Agency Distribution List, Workshop Materials; On- Line Housing Needs Survey and Results; Project Website; Summary Report of Community Comments and Recommendations

Task 2 Meetings: Meeting with Staff to Review Findings of Background Analysis Meeting with Staff/SP consultants to coordinate outreach and site identification
Community Workshops (2)
Stakeholder Workshop

TASK 3. PREPARE AND FINALIZE HOUSING AND SAFETY ELEMENT (INCLUDING

ENVIRONMENTAL JUSTICE COMPONENT)

3.1 Draft Housing Element

All the prior tasks will be integrated into a comprehensive Administrative Draft Housing Element for staff review. KWA will meet with staff to review their comments, and will prepare a revised ATTACHMENT 2-21
Public Review Draft Housing Element for submittal to State HCD to initiate their 60-day review period. Copies of the Element will be provided to the Planning Board and City Council, and made available to public locations throughout the community. The Element will be formatted with text, tables and graphics suitable for posting on the City’s website.

3.2 Planning Board and City Council Public Hearings

Upon completion of the public review period and HCDs review of the draft Element (see Task

3.4), KWA will prepare a summary of all comments received along with a comprehensive list of all changes recommended to the Public Review Draft Housing Element. A revised draft Element will be provided to the Planning Board and City Council with redline and strike-through edits showing the recommended changes. KWA and Rincon will assist staff in presenting the Housing Element and CEQA documentation in up to four public hearings before the Planning Board and City Council, and will be available to attend additional hearings on a time-and-materials basis.

3.3 Final Housing Element

Following adoption by the City Council, KWA will prepare the final Burbank Housing Element to reflect revisions directed by the City Council. Public input received on the Draft Housing Element will also be summarized. KWA will draft a letter for submittal of the adopted Element to HCD, identifying any changes made in the Element since the State’s prior review.

3.4 State Certification

KWA will serve as the City’s liaison with State HCD during review of the draft and final Element.

Once the HCD reviewer has been assigned for Burbank, KWA will schedule a conference call along with City staff to discuss any concerns the State may have with the Element. Upon receipt of HCDs official written comments on the draft, KWA will coordinate with staff in developing any necessary changes and will advise staff as to whether a second round of HCD review is recommended. KWAs fixed fee project budget includes up to two rounds of review with HCD, with additional review after the 2 nd letter on the draft Element to be charged on a time and materials basis.

After submittal of the adopted Element to the State, KWA will follow through and communicate with HCD until the adopted Element is certified by the State.

3.5 Review and Evaluate Current Safety Element

Rincon will review and evaluate the current Safety Element to determine its compliance with State law. It is anticipated that the update will include the items discussed in Task 3.7.

3.6 Provide Memorandum of Required Safety Element Revisions

Rincon will provide a memorandum identifying revisions to Safety Element text and/or exhibits needed to bring it into compliance with current State law. Again, it is anticipated that the required revisions will include the items discussed in Task 3.7.

ATTACHMENT 2-22

3.7 Provide Draft and Final Safety Element Updates

Per the RFP, the City is not seeking a comprehensive update of the Safety Element. Rather, this task is intended to be minor in scope and will only involve updates to the Safety Element as necessary for compliance with State law and consistency with other elements in the General Plan.

The Safety Element update will include information about the regulatory and governance issues surrounding natural and human-related hazard abatement, including applicable local, state, and federal policies and regulations. Rincon will use the State’s Office of Planning & Research 2017 General Plan Guidelines to update the Safety Element to ensure consistency with the State’s latest requirements and guidance, including: SB 379 Vulnerability and Adaptation; SB 1241 Fire Risks; and SB 1030 Safety Element Update Requirements. The Safety Element Update will focus on ensuring alignment with and/or integration of other City plans such as the Local Hazard Mitigation Plan Update (in accordance with AB 2140). The Element will set up the framework for any updates necessary to the Municipal Code, including the potential for a disaster recovery ordinance to help the City organize and expedite recovery in advance of a declared disaster and to mitigate hazardous conditions before and after such a disaster. As necessary, Safety Element maps will be revised and/or added.

3.8 Environmental Justice

Rincon will incorporate the environmental justice requirements of SB 1000 into the General Plan. This will involve:

 Review of the current General Plan to identify opportunities for the inclusion of environmental justice policies
 Identification disadvantaged communities in the City and potential hazards to which these communities may be subject
 Development of environmental justice policies that can be included in the Safety and/or other General Plan elements as appropriate

Task 3 Products: Memo Regarding Needed Safety Element Updates Administrative Draft Housing & Safety Elements, Env. Justice (EJ) analysis and policies
Public Review Draft Hsg & Safety Elements, EJ component (15 copies/thumb drives)
Admin Final Hsg & Safety Elements, EJ component (10 copies) Final Hsg & Safety Elements, EJ component (20 copies/thumb drives)

Task 3 Meetings: Meeting with Staff to Review Administrative Draft Elements Public Hearings (4)

ATTACHMENT 2-23
TASK 4. ENVIRONMENTAL REVIEW

CEQA Completion and Submittal of All Required Documents

Rincon, with assistance from staff, will prepare a program level Environmental Impact Report (EIR) and associated technical studies analyzing the updates to the Housing and Safety elements.

We have scoped and budgeted an EIR because we anticipate that the Housing Element will require rezonings to accommodate the City’s RHNA; however, if that turns out not to be the case or if the rezonings are limited in nature, we may be able to process a Negative Declaration (ND) or Mitigated Negative Declaration (MND) instead.

The EIR will thoroughly assess the impacts of the draft Housing Element and associated housing sites in compliance with the California Environmental Quality Act (CEQA). Environmental topics anticipated to require in-depth analysis include aesthetics, transportation/traffic, noise, air quality, and greenhouse gases. Although not required for CEQA compliance, Rincon will also prepare a Health Risk Assessment (HRA) for the housing sites as required by the Burbank2035 General Plan and EIR.

The Program EIR will serve two primary purposes: (1) compliance with CEQA’s environmental review requirements for the Housing and Safety element updates; and (2) serving as a first tier environmental document that will allow for streamlined environmental review of the future development of individual housing sites identified in the Housing Element. In support of the tiering function, the EIR will provide sufficient detail to ensure that the potential impacts associated with buildout of the proposed housing sites are addressed as thoroughly as possible.

Please note that it is anticipated that there may be substantial overlap between the housing sites and the opportunity sites in the Golden State and Downtown Specific Plans which are expected to be prepared concurrently with the Housing Element. If this is the case, there may be opportunities to use some of the analyses prepared for the Housing Element EIR in support of the Specific Plan EIRs or vice versa with associated cost savings. For example, the Health Risk Assessment included in this work scope will likely cover the same general area along the freeway and rail corridors that may be relevant for the Specific Plans.

The main tasks in the EIR work program are described below.

4.1 Prepare Notice of Preparation (NOP)

Rincon will prepare an NOP of a Draft EIR and circulate the NOP as part of the EIR scoping effort.

We will submit the NOP to the County Recorder, State Clearinghouse, and all responsible and trustee agencies, consistent with the current CEQA Guidelines. The NOP will be accompanied by an Initial Study (IS), which will document the issues that do and do not warrant further consideration in the EIR. We will submit a draft version of the IS-NOP for City review and incorporate City comments before circulating the document. Please note that if the IS does not identify any potentially significant impacts, the City may consider processing an ND or MND rather than an EIR.

Deliverables for Task 4.1: Notice of Preparation (including the Initial Study), submission to County Recorder and the State Clearinghouse.

ATTACHMENT 2-24

4.2 Public Scoping and Community Meeting

During the 30-day NOP period, Rincon will, in coordination with staff, conduct one public scoping and community meeting on issues to be addressed in the Draft EIR. The meeting will be held before the City’s Planning Board and will include an open house and brief presentation by Rincon and City staff, followed by recording of public comments on the EIR scope. Following the meeting, Rincon will prepare a summary of comments received.

Deliverables for Task 4.2: Meeting agenda, presentation, public notices, and a summary to staff of comments received and next steps.

4.3 Prepare Administrative Draft Environmental Impact Report (EIR)

Rincon will prepare a complete administrative Draft EIR for review by City staff prior to publication. The administrative Draft EIR will include all text, tables, analysis, and figures as well as the following required sections:

1. Executive Summary

2. Introduction

3. Project Description

4. Environmental Impact Analysis

5. Other CEQA Discussions (Growth
Inducement, Significant Irreversible
Environmental Effects)

6. Alternatives

7. References

We anticipate that the EIR will include detailed analysis of the following environmental issues:

• Aesthetics
• Air Quality (including an HRA1)
• Cultural Resources (historic and archaeological)
• Energy
• Greenhouse Gases
• Hazards and Hazardous
Materials
• Land Use and Planning
• Noise
• Population and Housing
• Recreation
• Transportation
• Tribal Cultural Resources
• Utilities and Service Systems

All project impacts will be compared to established thresholds of significance and will be quantified as appropriate and feasible. Air pollutant and greenhouse gas emissions and associated health risks will be modeled using industry standard methodologies. The tribal cultural resources analysis will include compliance with the requirements of SB 18 and AB 52. Fehr and Peers will prepare the transportation section of the EIR, including VMT and LOS analyses (refer to Additional Data section for their scope of services), with all other technical work prepared by Rincon staff.

ATTACHMENT 2-25
Upon incorporation of comments from City staff on the administrative Draft EIR, Rincon will provide a Screencheck Draft EIR for staff review to confirm all comments have been addressed.

Deliverables for Task 4.3: Administrative Draft EIR, including all required technical studies (Air Quality/HRA, Greenhouse Gases, Transportation) followed by a Screencheck Draft EIR.

4.4 Public Review of Draft EIR, Notice of Availability (NOA), and associated Planning Board Public Hearing

Rincon will prepare a Public Draft EIR that incorporates comments received from staff. The Public Draft EIR will be released and distributed for public review and comment for the State-mandated circulation time (minimum of 45 days). Rincon will prepare the NOA for City review and will file and distribute the NOA to responsible and trustee agencies, and to those public agencies and organizations that may be affected by the Project per the mailing list prepared in coordination with staff. The City will post the NOA in local newspapers and distribute to nearby owners and occupants based on the City staff/Rincon developed list.

Rincon will attend a public hearing of the Planning Board during the Draft EIR comment period and will work with staff to facilitate public comments at the hearing.

Deliverables for Task 4.4: Electronic PDF of Public Draft EIR for web posting and printing; NOA; presentation before the Planning Board during public review period of Draft EIR.

4.5 Prepare Responses to Comments

Following the Draft EIR public comment period, Rincon will prepare draft responses to public comments received in writing. All responses will be supported by facts and reasoned analysis.

Deliverables for Task 4.5: Draft responses to public comments for City review.

4.6 Prepare Draft and Final Mitigation Monitoring and Reporting Program (MMRP) Rincon will prepare a MMRP that will identify required mitigation measures, responsible implementing departments or parties, and the timeframe for implementation. Rincon will prepare a draft MMRP for staff and City Attorney review. After City staff's review, Rincon will prepare a final MMRP that incorporates staffs’ comments.

Deliverables for Task 4.6: Draft and Final MMRP.

4.7 Prepare Final EIR
Following staff review of the draft response to comments, Rincon will finalize the responses and prepare the Final EIR for consideration at public hearings. Rincon will assist with the preparation of the CEQA Findings of Fact and Statement of Overriding Considerations resulting from any significant and unavoidable environmental impacts associated with Project implementation.

Rincon will also attend up to four public hearings on the EIR.

Deliverables for Task 4.7: Final EIR, including the CEQA Findings of Fact and Statement of Overriding Consideration, and attendance at public hearings.

4.8 Final Filings
ATTACHMENT 2-26
Upon a final determination by the City Council on the environmental clearance for the TOD Specific Plan and General Plan Update, Rincon will submit the appropriate filings with associated fees (provided by City) to the County Recorder and State Clearinghouse. These are anticipated to consist of the Notice of Determination (NOD) and associated California Department of Fish and Wildlife forms/fees.

Deliverables for Task 4.8: Final NOD filing.

TASK 5. COMMUNICATION WITH STAFF AND REQUIRED WORK PRODUCTS

5.1 P
roject Deliverables and Associated Milestone Dates
Pr
oject deliverables are identified under each specific task, and are summarized as follows. KWA will provide the City with electronic copies of all work products, with hard copies provided as specified in the RFP.

Housing and Safety Elements
 Draft/Final Housing Element Assessment Memorandum
 Housing Element Outline
 On-Line Housing Needs Survey
 Project Website and Social Media Outreach
 Public Workshop Materials – flyers, distribution list, presentation, handouts  Summary Report of Community Comments and Recommendations  Memorandum Regarding Needed Safety Element Updates
 Administrative Draft Housing and Safety Elements (including Env Justice)  Public Review Draft Housing and Safety Elements (15 copies & thumb drives)  Administrative Final Housing and Safety Element (10 copies)  Final Housing and Safety Elements (20 copies & thumb drives) CEQA
 Notice of Preparation and Initial Study
 Public Scoping Session Materials – public notices, presentation, public comments summary
 Transportation Impact Analysis (including VMT Analysis and Traffic Operations Analysis)
 Administrative Draft EIR
 Screencheck Draft EIR
 Draft Responses to Comments
 Draft and Final Mitigation Monitoring Plan
 Final EIR
 Notice of Determination
The following page presents a general project schedule for the Burbank Housing and Safety Elements and associated EIR, subject to refinement based on further discussions with staff and coordination with the processes for the Golden State and Burbank Center Specific Plans. The proposed schedule provides for Element adoption in September 2021, adhering to the October 2021 deadline for submittal of the adopted Element to HCD.

ATTACHMENT 2-27

EXHIBIT B

SCHEDULE OF COMPENSATION
ATTACHMENT 2-28

EXHIBIT C

INSURANCE REQUIREMENTS

Consultant shall procure and maintain, for the Term of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, its agents, representatives, employees or subcontractors.

A. Minimum Scope of Insurance . Coverage shall be at least as broad as:

1. Commercial General Liability : Insurance Services Office Form CG 00 01 covering commercial general liability insurance (“ CGL”) on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be at least $2,000,000.

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non- owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: as required by the State of California, with statutory limits, and employer’s liability insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Professional Liability or Errors and Omissions: Errors and Omissions insurance appropriate to the Consultant’s profession (“ E&O Insurance”), with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.

If Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by Consultant.

B. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. General liability ATTACHMENT 2-29
coverage can be provided in the form of an endorsement to the Consultant ’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).

Primary Coverage
For any claims related to this Agreement, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

Notice of Cancellation
Each insurance policy required above shall provide an endorsement that they are not subject to cancellation without thirty (30) days’ prior written notice to the City or ten (10) days’ prior written notice for non-payment of premium.

Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City.

The City may require the Consultant to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Such insurers shall be licensed to
provide insurance under California state law.

Claims Made Policies. For the E&O Insurance Policy and any other insurance providing claims-made coverage (e.g., pollution liability insurance, if applicable):

1. The “Retroactive Date” must be shown, and must be before the Effective Date.

2. Insurance must be maintained and evidence of insurance must be ATTACHMENT 2-30
provided for at least three (3) years after completion of the work required under the Agreement.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Agreement Effective Date, the Consultant must purchase “extended reporting” coverage
for a minimum of three (3 ) years after completion of work.

Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this Agreement. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant ’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Cyber Liability Insurance
Technology Professional Liability (Errors and Omissions) Insurance appropriate to the Consultant’s profession, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Consultant in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network s
ecurity. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations. City shall inform Consultant if such insurance is required.

Contractors Pollution Lia
bility and/or Asbestos Pollution Liability
If Consultant’s Sco
pe of Services includes the handling or transportation of hazardous materials, Consultant shall maintain pollution liability and/or asbestos pollution liability applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year. City shall inform Consultant if such insurance is required.

ATTACHMENT 2-31

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:
1 st 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

CONSUL TANT 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" arnd karen warner-housing, safety element - 1st amd 07-01-19

ATTACHMENT 2-32

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 2-33
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 2-34
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 2-35
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 karen warner - housing, safety element - I st amd 07-01 - 19

ATTACHMENT 2-36
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 2-37
EXHIBITB-1

SCHEDULE OF COMPENSATION
Burbank Housinq Element Safety Element and EIR
Proiec1 Budoet Amendment l 2/23/20
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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
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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 2-38
ATTACHMENT 2-39
ATTACHMENT 2-40
ATTACHMENT 2-41
ATTACHMENT 2-42
ATTACHMENT 2-43
ATTACHMENT 2-44
ATTACHMENT 2-45
ATTACHMENT 2-46

FOURTH AMENDMENT
TO

PROFESSIONAL SERVICES AGREEMENT
DATE: May 24, 2022
PARTIES: "CITY"
TERM:

THE CITY OF BURBANK, a municipal corporation
Designated Official: Name:

Title:

Telephone:

Patrick Prescott
Community Development Director
(818) 238-5176
Mailing Address: 275 E. Olive Avenue
P. 0 . Box 6459
Burbank, CA 91510
"CONSULTANT"
Karen Warner Associates, Inc.

Representative: Name:

Title
Telephone:

Karen Warner Associates, Inc.

President
(626) 791-5596
Mailing Address: 882 N. Holliston Ave
Pasadena, CA 91104
Original Commencement Date:

Original Completion Date:

First Amended Completion Date:

Second Amended Completion Date:

Third Amended Completion Date:

Fourth Amended Completion Date:

March 1 , 2020
February 28, 2021
February 27, 2022
No Change
February 26, 2023
No Change
COST OF SERVICE:

Original Cost of Service:

First Amendment to Cost of Service:

Second Amendment to Cost of Service:

Third Amendment to Cost of Service:

Fourth Amendment to Cost of Service:

Revised Cost of Service:
$ 379,313.00
$ 30,000.00
$ 60,000.00
No Change
$ 64,420.00
$ 533,733.00
ATTACHMENT 2-47
THIS FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this "Amendment"), is made and entered into on the date listed above (the "Effective Date"), by and between THE CITY OF BURBANK, a municipal corporation (the "City") and Karen Warner Associates, Inc. (the "Consultant"). The City and the Consultant are herein referred to, individually, as a "Party", and, collectively, as the "Parties".

1.0 Purpose; Definitions. City and Consultant entered into a Professional Services Agreement dated March 1, 2020 ("Agreement"), as amended by that certain First Amendment, dated February 25, 2021, as amended by that certain Second Amendment dated September 14,2021, as amended by that certain Third Amendment dated February 15, 2022, (collectively the "Agreement"), for Consultant to assist with preparation of the Housing and Safety elements. Now City and Consultant desire to amend the Agreement with this Amendment to increase the cost of service of the Agreement for completion of the Housing Element portion of the Project the Final EIR, and to continue to work with California Department of Housing and Community Development (HCD), and participation at upcoming in-person public hearings.

2.0 Amendment to Services. In addition to the services to be performed in the Agreement, Consultant, as an independent Contractor, agrees to perform during the term of the Agreement, each and every of the additional services set forth on the "Amended Scope of Services" attached hereto as Exhibit A-2. The initiation of Service by the Consultant will commence upon receipt of a written notice from the Designated Official or Project Manager 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 or Project Manager.

3.0 Amendment to Compensation. The total compensation payable by the City to the Consultant as set forth in Section 3.0 of the Professional Services Agreement is hereby amended to a not to exceed amount of Five Hundred Thirty-Three Thousand, Seven Hundred Thirty-Three Dollars ($533,733). The City shall pay for the amended services of the Consultant set forth in Exhibit A-2 as indicated on the "Amended Schedule of Compensation" attached hereto as Exhibit B-2.

4.0 Execution Counterparts. This Amendment may be executed in counterparts and each such duplicate counterpart shall constitute an original, any one of which may be used for any purpose without the production of its duplicate counterpart. 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 purposes. Notwithstanding the foregoing, the authority under this Section to execute this Amendment with an electronic signature shall be limited to a physical ("wet ink") signature placed on a counterpart to this Amendment by a Party, and transmitted ATTACHMENT 2-48
electronically as described in this Section to the other Party.

5.0 Ratification of Professional Services Agreement. All other provisions of the Agreement, not inconsistent with this Amendment, shall remain in full force and effect and are specifically incorporated herein.

In recognition of the obligat ions stated in this Amendment, the parties have executed this Amendment on the date indicated above.
"CONSUL TANT"
~ UJaww_
Signature -.....
· f<.ccr-e.n ¼,/tLV' VIL-tr
Name (please print)
Pc e-S:\c:L J
Title
If Consultant is a Corporation or LLC, a
second signature is required.

C?f<1vLRkY U )&U'.lklc:

Signature
./<tLveV\ Y\letv-~v-
Name (please print)
S e CV'-eJ--«_v J
Title
c::,
-;..~·· ..... : . .-: "" ..
£::~ .. ;,: ..:r
"CITY"
By: ~ ""l'P
Signature
Name (please print)
U)\'l\tv\\AN l~ 0 ev c::t.ov JV\€'N, pl~ TO 12-
Title
Approved as to Farm
Office of the City Attorney
By: ~~ VI«_~
Signature
~;" Mctt f'1.£flq_""
Name (please print)
Title
Sr 81511~ C,f /-rlfl-,, ...
7 ATTEST:

Office of the City Clerk
Name (please print)
ATTACHMENT 2-49
EXHIBIT A-2

AMENDED SCOPE OF SERVICES
Consultant shall perform the following additional services for the benefit of the City:
• Task 3 - Prepare/Finalize HE & Safety Element- Not to exceed $29,520 - Finalizing Housing and Safety elements has required project management, data needs, and revisions beyond what was initially anticipated, including responding to Housing element related public comments on Draft EIR, responding to questions from HCD, document revisions, State Certification, and final Project hearings. • Task 4 - Environmental Review - Not to exceed $34,900 - For Preparation and public review of draft ElR, NOA, and Planning Board Hearing, preparation of responses to public comments on draft EIR, transportation analysis, required project management work, and final project hearings.

ATTACHMENT 2-50
EXHIBIT B-2

AMENDED SCHEDULE OF COMPENSATION
For the services outlined in Amended Scope of Services above, the Consultant and the City agree that the Consultant shall earn its compensation according to the following method:
□ Time and Materials: The City shall pay for the services on a time-and-material basis. Consu ltant shall invoice the City for all actual hours of work performed in accordance with this Amendment at the following rates:

KWA BUDGET AMENDMENT REQUEST

BURBANK HOUSING AND SAFETY ELEMENT UPDATES
I
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KWA TASKS
- 0)
.Q -g
f2. GJ

1. Asses sment

1.1 Eval of 20 14-202 1 HE $4,180 $4,180

1.2 Document Review $2,960 $2,960

1.3 HE Assess Memo, CC Study Session $6,960 $6,960

1.4 Housi ng Update Outline $1,400 $1,400
~, HE Prep & Safety Element Update

2.lA Hous ing Needs .L\nalysis $56,450 $56 ,450

2.18 Safety Element {see tas k 3.5) $0 $0

2.2 Housing Resources/Opport unities $2,960 $2 ,960
2 .3 Potent ial Housing Constra ints $8,720 $8,720

2.4 Ho1.1sing Goals, Polic ies, Objectives $10,120 $10 ,120

2.5 Com muni t y Engagement $7,640 $7,640
Hsg Survey, Website/Soc ial Media $4,690 $4,690

3. Prepare/Finalize HE & Safety Elmnt

3.1 Draft Hous ing Eleme nt $16,680 $16,680
5 in-person pub lic hearings@ est. 8

3.2 PB and CC Publ ic Hearings (1} $3,320 $3,320 $8, 300 hrs/m tg x $175/hr

3.3 Final Hous ing Elem ent $6,260 $6,260

3.4 State Certification (unbilled Mar -Apr hrs) $18,635 $18,635 3 .4 State Certifica t ion (fut ure revisions per HCO)
i4. En vironm ental Review

4.5 Response to Comments
$14,000 $14 ,000
Project Managemen t
$2,800 16 hrs @ $175/hr
$3,270 Round 113 HE revisions, submittal to HCD
$3,000
$1,050
$2, 100
Est. based on add' ! HCD commen ts
6 hrs@ $175/hr
Coordination mtgs with staff &
consul tants; monthly billings.

Est 12 hrs @ $175/h r
Subtot;il labor: S164,975 $164,975 $29,520
I
~--TOTAL LABOR+ DIRECT COSTS $166,170 $166,170 $29,520
Notes :
(1) Unspent balance of $3,320 under Task 3. 2 (Public Hearings) reallocat ed to Task 3.4 (State Certification) (2) Unspent bal2nce of $31933 under Direct Costs reallocated to Task 3. .4 {State Cert iffcaticn) ATTACHMENT 2-51
Burbank Housing Element & Safety Element Upda tes
Cost Estimate
Tasks Cost Mod l Mod2 Rev ised Budget

2. Housing Element Preparation & Sa ety Element Update

2.lA GIS Site Inventory and Support $3,500 $3,500

2.5 Community Workshops $1,760 $1,760

3. Prepa re and Fina lize Housing Element & Safety Element

3.5 Review and Evaluate Current Safety Element $2,500 $2,500

3.6 Provi de Memorandum of Required Revisions $2,500 $2,500

3.7 Prepare Draft and Final Safety Element Updates $4,846 $2,000 $6,846

4. Environmental Review

4.1 Prepare NOP and Initial Study $6,842 $4,00 0 $10,842

4.2 Public Scoping and Community Meeting $2,756 $1,000 $3,756

4.3 Prepare Administrative Draft EIR $76,927 $7,500 $5,000 $89,427

4.4 Public Review of Draft EIR, NOA, and Planning Board Hearing $10,646 $4,000 $5,000 $19,646

4.5 Prepare Responses to Comments $10,036 $4,000 $14,036

4.6 Prepare Draft and Final MMRP $2,150 $2,150

4. 7 Prepare Final EIR $2,800 $2,800

4.8 Final rilings $1,470 $1,470

4.9 Public Hearings (5 in-person) $4,000 $8,000 $12,000 Environmenta l Justice $10,356 $10,356
Website/Social Media Assistance $9,600 $9,600
Project Management $8,024 $9,000 $17,024
Additional Cost (Direct costs, print ing, supplies, expenses, G&A) $7,170 $7,170 ATTACHMENT 2-52