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PROFESSIONAL SERVICES AGREEMENT
PREPARATION OF A COMPREHENSIVE UPDATE TO THE GENERAL PLAN AND
ZONING ORDINANCE, AND THE PREPARATION OF THE RELATED
ENVIRONMENTAL IMPACT REPORT (EIR)
THIS AGREEMENT for Professional Services (“Agreement”) is made this 12th day of April, 2022 (“Effective Date”) by and between the City of Commerce (“City”) and Moore Iacofano Goltsman, Inc. (MIG) (“Contractor”) together sometimes referred to the (“Parties”).
SECTION 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Work attached as Exhibit A and incorporated here. Such work shall be provided at the time and place and in the manner specified in Exhibit A. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end three years after the Effective Date. Contractor shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended as provided for in Section 7 of this Agreement.
The time provided to Contractor to complete the services required by this Agreement shall not affect City’s right to terminate the Agreement, as provided for in Section 7 of this Agreement.
1.2 Standard of Performance. Contractor shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner including the necessary expertise or knowledge of the profession in which Contractor is engaged in the geographical area in which Contractor practices its profession and to the sole satisfaction of the Contract Administrator.
1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons. Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Contractor shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to satisfy Contractor’s obligations hereunder.
1.5 Authorization to Perform Services. Contractor is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of written authorization from City’s project representative.
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SECTION 2. COMPENSATION. City hereby agrees to pay Contractor in accordance with the payment schedule as set forth in Exhibit B, attached hereto and incorporated herein by reference as though set forth in full, based upon work completed, as defined in Exhibit A. In the event of a conflict between this Agreement and Exhibit B regarding the amount of compensation, this Agreement shall prevail. City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Contractor for services rendered pursuant to this Agreement.
Contractor shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Contractor shall not bill City for duplicate services performed by more than one person.
2.1 Invoices. Contractor shall submit invoices monthly during the term of this Agreement, based on the work completed. Invoices shall identify the project being worked on and detail of services performed.
2.2 Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Contractor.
2.3 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
2.4 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.
2.5 Payment upon Termination. In the event that City or Contractor terminates this Agreement pursuant to Section 7 of this Agreement, City shall compensate the Contractor for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Contractor shall maintain adequate logs and timesheets in order to verify costs incurred to that date.
SECTION 3. EQUIPMENT. Except as otherwise provided, Contractor shall, at its sole cost and expense, provide all supplies and equipment necessary to perform the services required by this Agreement.
SECTION 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Contractor, at its own cost and expense, shall procure the types and amounts of insurance checked below and provide Certificates of Insurance, indicating that Contractor has obtained or currently maintains insurance that meets the requirements of this section and which is satisfactory, in all respects, to City. Contractor shall maintain the insurance policies required by this section throughout the term of this Agreement. Contractor shall not allow any DocuSign Envelope ID: F27D3A87-9DFD-4FE3-B42F-7267BDEBD667 3 of 11
subcontractor to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution.
All insurance coverage and limits provided by Contractor and available or applicable under this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement limits the application of such insurance coverage.
4.1 Workers’ Compensation. Contractor shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance Shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, Contractor may rely on a selfinsurance program to meet those requirements, but only if the program of selfinsurance complies fully with the provisions of the California Labor Code.
Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Contractor, if a program of self-insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from work performed under this Agreement.
4.2 Commercial General Insurance and Automobile Liability Insurance.
4.2.1 Commercial General Liability Insurance: Contractor, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000.00) per occurrence, combined single limit coverage of $2,000,000 in the general aggregate, for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and nonowned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (per occurrence). Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (per accident). No endorsement shall be attached limiting the coverage.
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4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. Any failure of Contractor to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
4.3 Professional Liability Insurance.
4.3.1 General requirements. Contractor, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions.
4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Contractor must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work. City shall have the right to exercise, at the Contractor’s sole cost and expense, any extended reporting provisions of the policy, if the Contractor cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to City prior to the commencement of any work under this
Agreement.
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests’ rating of no less than A-.
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4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Contractor shall furnish City with Certificates of Insurance, and upon request, complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf.
4.4.3 Notice of Reduction in or Cancellation of Coverage. A certified endorsement shall be attached to all insurance obtained pursuant to this Agreement stating that coverage shall not be suspended, voided, canceled by either Party, or reduced in coverage or in limits, except after thirty (30) days’ prior written notice by certified, mail, return receipt requested, has been given to City. In the event that any coverage required by this section is reduced, limited, cancelled, or materially affected in any other manner, Contractor shall provide written notice to City at Contractor’s earliest possible opportunity and in no case later that ten (10) working days after Contractor is notified of the change in coverage.
4.4.4 Additional insured; primary insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Contractor, including the insured’s general supervision of Contractor; products and completed operations of Contractor, as applicable; premises owned, occupied, or used by Contractor; and automobiles owned, leased, or used by the Contractor in the course of providing services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers.
A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees and volunteers, and that no insurance or selfinsurance maintained by City shall be called upon to contribute to a loss under the coverage.
4.4.5 Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
4.4.6 Variation. The City Attorney may approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.
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4.4.7 No policy required hereunder shall prohibit Contractor from waiving any right with regard to the Indemnities set out below in Section 5.
4.5 Remedies. In addition to any other remedies City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor’s breach:
• Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; • Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or
• Terminate this Agreement.
SECTION 5. INDEMNIFICATION Contractor shall indemnify, defend with counsel acceptable to City not unreasonably withheld and hold harmless City and its officials, officers, employees, members, agents and authorized volunteers from and against any and all losses, liabilities, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, damages and expenses (including but not limited to reasonable attorneys’ fees and costs, court costs, interest defense costs, and expert witness fees) where the same arise out of, are a consequence of or are in any way attributable to, in whole or in part, the performance of this Agreement (or the failure to perform) by Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor. Such indemnification, defense and hold harmless extend to Contractor’s provision, use, transport and storage of hazardous materials, as those commonly are defined under state and federal laws and regulations.
The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property or violation of law arises from the negligence or willful misconduct of City or its officers, employees, agents or authorized volunteers and (2) the actions of Contractor or its employees, subcontractors or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law.
It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this DocuSign Envelope ID: F27D3A87-9DFD-4FE3-B42F-7267BDEBD667 7 of 11
Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.
SECTION 6. LEGAL REQUIREMENTS.
6.1 Governing Law. The laws of the State of California shall govern this Agreement.
6.2 Compliance with Applicable Laws. Contractor and any subcontractor shall comply with all applicable local, state and federal laws and regulations applicable to the performance of the work hereunder.
6.3 Licenses and Permits. Contractor represents and warrants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that is legally required to practice their respective professions. Contractor represents and warrants to City that Contractor and its employees, agents and any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term or this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City.
SECTION 7. TERMINATION AND MODIFICATION.
7.1 Termination. City and Contractor hereby agree that this Agreement may be cancelled upon thirty (30) days written notice by either Party.
In the event of termination, Contractor shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Contractor or prepared by or for Contractor or City in connection with this Agreement.
7.2 Extension. Both Parties agree that extending the Agreement beyond that provided for in Subsection 1.1 of this Agreement may be in the best interest of all concerned. Any such extension shall require a written amendment to this Agreement, as provided for herein. City and Contractor understand and agree that, if both Parties agree to such an extension, all terms and conditions of the original Agreement shall remain the same, and extended to the date provided for in said amendment.
7.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.
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7.4 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the termination of this Agreement.
7.5 Options upon Breach by Contractor. If Contractor materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, any or all the following:
7.5.1 Immediately terminate the Agreement;
7.5.2 Retain the documents, and any other work product prepared by Contractor pursuant to this Agreement;
7.5.3 Retain a different Contractor to complete the work described in Exhibit A not finished by Contractor; or
7.5.4 Charge Contractor the difference between the costs to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 of this Agreement if Contractor had completed the work.
SECTION 8. KEEPING AND STATUS OF RECORDS.
8.1 Records Created as Part of Contractor’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Contractor prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City.
Contractor hereby agrees to deliver those documents to City upon termination of the Agreement.
8.2 Contractor’s Books and Records. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Contractor to this Agreement.
8.3 Inspection and Audit of Records. Any records or documents that Section 8.2 of this Agreement requires Contractor to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any DocuSign Envelope ID: F27D3A87-9DFD-4FE3-B42F-7267BDEBD667 9 of 11
audit of City, for a period of three (3) years after final payment under the Agreement.
SECTION 9. UNAUTHROIZED ALIENS. Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
SECTION 10. CONFLICTS OF INTEREST. Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant's performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
SECTION 11. MISCELLANEOUS PROVISIONS.
11.1 Assignment. The expertise and experience of Contractor are material considerations for this Agreement. City has an interest in the qualifications of and capability of the persons and entities that will fulfill the duties and obligations imposed upon Contractor under this Agreement. In recognition of that interest, Contractor shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Consultant's duties or obligations under this Agreement without the prior written consent of the City Council.
Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including summary termination of this Agreement.
11.2 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that Party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
11.3 Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Los Angeles County.
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11.4 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
11.5 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
11.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and permitted assigns of the Parties.
11.7 Contractor Representative. All matters under this Agreement shall be handled for Contractor by Joel Falter.
11.8 City Contract Administration. This Agreement shall be administered by Maryam Babaki, Director of Public Works and Development Services, or her designee (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his or her designee.
11.9 Notices. Any written notice to Contractor shall be sent to:
Esmeralda Garcia
Principal
Moore Iacofano Goltsman, Inc.
537 S. Raymond Avenue
Pasadena, CA 911105
Any written notice to City shall be sent to:
Jose D. Jimenez
Director of Economic Development and Planning
City of Commerce
2535 Commerce Way
Commerce, CA 90040
11.10 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral.
11.11 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
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The Parties have executed this Agreement as of the Effective Date.
CITY OF COMMERCE CONTRACTOR
_________________________________ _______________________________ Oralia Y. Rebollo, Mayor Daniel Iacofano, CEO
Attest:
________________________________
Lena Shumway, City Clerk
Approved as to Form:
________________________________
Noel Tapia, City Attorney
DocuSign Envelope ID: F27D3A87-9DFD-4FE3-B42F-7267BDEBD667 to Jose Jimenez, Community Development Director, City of Commerce Ignacio Rincon, Planner, City of Commerce
from Lisa Brownfield, Director of Planning Services
c Esmeralda Garcia, MIG
Gary Hamrick, Principal, Cambridge Systematics
Veronica Tam, Principal, Veronica Tam and Associates
re General Plan, Zoning Code, and Environmental Review Contract date 1.10.22
Resolution 18-72 awarded the Preparation of a Comprehensive Update to the General Plan and Zoning Ordinance, and the Preparation of the Related Environmental Impact Report’s Professional Services Agreement to Moore Iacofano Goltsman, Inc (MIG) on April 10, 2018. The Agreement provided for a three year contract with a contract value of $1,251,110.00. The contract was amended on April 23, 2020 to reflect work conducted in a manner differently than specified in the April 2018 scope of work. The contract for the General Plan Update (GPU), Zoning Code Amendment (ZCA), and Environmental Impact Report (EIR) terminated on April 10, 2021.
On May 3, 2021, MIG requested a contract extension and budget augmentation to reflect VMT analysis required by changes in CEQA law and other adjustments reflecting the delayed project schedule. As of this date, MIG’s contract has not been extended and budget has not been augmented. In October 2021, City of Commerce requested MIG to provide the 6th Cycle Housing Element preparation services.
This memorandum provides a project proposal to complete the General Plan, Zoning Code, and Environmental Review project including the Housing Element, Environmental Justice public engagement, and VMT analysis. The 2018 contract scope of work used as a base for this proposal has been modified. The scope of work removes tasks and portions of tasks that have been completed at the time of the contract’s expiration.
The General Plan Update (GPU), Zoning Code Amendment (ZCA), and EIR program is approximately 50% complete. The following has been completed.
▪ Initial zoning amendments were prepared, reviewed, and enacted. ▪ Numerous community engagement activities were conducted. ▪ technical analyses including land use, demographic, economic/market, and environmental were prepared.
▪ Land use designations were proposed and a new land use designation map was developed.
The proposed land use designations and map were vetted; however, the land use densities and designations may require adjustments to meet City of Commerce’s 247 RHNA for the 6th Housing Element Cycle. As such, the previously completed land use analyses may need to be revisited. In addition, many GPU elements’ have draft goals/policies/programs prepared and await the land use designations’ and map’s completion for additional editing. Elements dependent on the land use designations and map need to be initiated. If the land use designations and densities vary significantly from that already vetted, additional community review may be necessary. Note: this contract proposal assumes that the RHNA’s 247 units can be found within the proposed land use designations and related buildout estimates because the proposed land uses are planning for a 20- year period. However, if capacity for the 247 RHNA units cannot be found and the land use analyses needs to DocuSign Envelope ID: F27D3A87-9DFD-4FE3-B42F-7267BDEBD667 MIG, Inc. 2
be reinitiated to identify new residential areas, increased densities, or other land use modifications, a cost estimate will be provided at that time. The environmental review process has not been initiated. The consultant team’s current project schedules allow for the General Plan re-initiation to occur in mid to late February 2022; a full schedule will be developed when the contract has been executed.
Scope of Work
The General Plan, Zoning Code, and Environmental Review contract time period should be two and a half years from the date of execution to allow for the extended State of California Housing and Community Development review that has been applied to the 6th Cycle Housing Elements, the reinitiated land use analysis and its possible vetting with the community, additional Environmental Justice Element community engagement, and the Safety Element’s 90-day review with CalFire.
TASK 1.0 PROJECT MANAGEMENT
1.1 Project Schedule/Work Plan
Project Re-Initiation meeting, MIG will develop a detailed project schedule and work plan that outline all key tasks and timeframe for completion of the General Plan Update activities and products.
1.2 Project Re-Initiation and General Plan Team Meetings The MIG project manager will participate in a Project Re-Initiation meeting to review Project Schedule and Work Plan, discuss communication protocols, and confirm data needs. This task also assumes time for two additional General Plan Team meetings. The MIG and City staff will collaboratively create agendas. MIG will prepare a brief action item written summary for each meeting.
1.3 Ongoing Project Management
This task accounts for weekly conference calls between the MIG and City project managers, project management and coordination (emails, calls, data transfers, etc.) with both City staff and the subconsultant team, as well as regular invoicing, schedule, and budget management and reporting.
Task 1.0 Deliverables
▪ Project schedule/work plan (PDF)
▪ Weekly conference calls
▪ Occasional team meetings, as needed and allowed by task budget TASK 2.0 GENERAL PLAN UPDATE
2.1 Existing Conditions/Community Profile Report
This task has been completed.
2.2 Market Study and Demographic Analysis
This task has been completed. Remaining budget has been identified in Table 1. Remaining budget may be reallocated to other tasks, which have a cost overrun.
2.3 Transportation Background Report. Cambridge
This task has been completed. Remaining budget has been identified in Table 1. Remaining budget may be reallocated to other tasks, which have a cost overrun.
2.4 Infrastructure Report
Willdan will search out and compile available information on water, sewer, and storm drain systems, including current GIS files. This task includes outreach by Willdan to the Los Angeles County Sanitation District, Los Angeles County Public Works Department, CalWater Company, and the City for additional data on sewer, storm drain, DocuSign Envelope ID: F27D3A87-9DFD-4FE3-B42F-7267BDEBD667 MIG, Inc. 3
and water existing conditions. Willdan will then compile actions needed to develop the requested capacity information results and review them with City staff. This task assumes that Willdan will be able to obtain substantially complete baseline, digital data, and facility master plan data from all relevant infrastructure agencies to provide an adequate picture of existing conditions. This scope does not include field surveys or data gathering, nor the digitizing of pipeline locations and features.
2.5 Community Vision and General Plan Guiding Principles This task has been completed. This task is over budget and may be a “receiver” task for other tasks that have been completed below budget (such as Task 2.2).
2.6 General Plan Alternatives
This task has been completed. However, with the inclusion of the Housing Element, additional General Plan alternatives may be necessary to meet the RHNA. If so, the alternatives effort will be considered additional services and a cost estimate will be submitted to the City for its review prior to initiating the alternatives effort.
2.7 Administrative Draft General Plan
This task is underway.
The MIG Team will prepare an Administrative Draft General Plan that reflects input from the research, input received during earlier phases, and legal requirements. The General Plan will be concise, user-friendly and highly graphic, with photos, maps, charts and illustrations to provide ongoing guidance. With MIG’s guidance, the Planning Team and the GPAC will evaluate the 2008 General Plan to determine those goals, policies, and programs that should be carried forward into the General Plan update with consideration of the Vision and General Plan Guiding Principles developed during the first phase of engagement. MIG will draft goals, policies, and programs that for all mandatory elements. Our team will also develop new stand-alone elements addressing:
1) Health/Wellness and Environmental Justice and 2) Global Warming and Climate Change Element. The budget assumes one round of review. City staff will compile all comments into a single comment document using the track change function.
2.7.1 Circulation Element
Cambridge Systematics (CS) will review the current roadway classification system and make recommendations for updates or changes, including Complete Street concepts to incorporate other modes such as bicycle, transit and pedestrian travel into the master circulation plan and classifications system, and to incorporate updates as needed for other State initiatives such as SB 743. CS will review and update goals, policies, and objectives related to transportation and circulation to include modern and complete streets concepts, and to accurately reflect current regional and statewide transportation initiatives.
Working with City staff, CS will recommend General Plan level improvements, including ways to mitigate current traffic bottlenecks, improve transit services on key routes, implement new bicycle facilities, and other possible improvements. Transit improvements including potential Bus Rapid Transit (BRT) will also be explored and recommended if appropriate. The adopted Gateway Cities Strategic Transportation Plan (STP) recommends a series of improvements, including mitigation measures at seven intersections and conceptual improvements on nine arterial routes. Similarly, a list of local and regional improvements was developed by LA Metro for the Gateway Cities Mobility Matrix project; those projects will be reviewed and incorporated into the updated circulation plan as appropriate. These will include roadway improvements, active transportation system improvements, Intelligent Transportation System (ITS) improvements, transit enhancements and freeway mainline and freeway interchange improvements. Each project will be reviewed and incorporated into the City’s plan as applicable.
2.7.2 Economic Development Element
Based on the supportable land uses identified in the market study and financial feasibility testing, HR&A will evaluate tools and strategies that will optimize economic development opportunities in the City and improve the economic vitality of commercial and industrial land uses. HR&A will provide a series of preliminary policy DocuSign Envelope ID: F27D3A87-9DFD-4FE3-B42F-7267BDEBD667 MIG, Inc. 4
recommendations that will inform the Economic Development Element. These recommendations will focus on topic such as business attraction, development and retention, and incentives for targeted business investments.
The recommendations may also identify key land use development opportunities, strategies to promote equitable development and opportunity, multimodal connectivity improvements, and public realm improvements.
2.7.3 Health/Wellness and Environmental Justice
MIG will use findings from the Existing Conditions /Community Profile Report, Green Zones Action Plan, and the community engagement efforts to develop a set of goals and policies that strive to achieve a balance between environmental concerns, economic development opportunities, and community health.
2.7.4 Global Warming/Climate Change Element
Ramboll Environ has developed the Global Warming/Climate Change Element. In this task, we would prepare a matrix that describes potential GHG reduction strategies, which may include categories for policy mechanism, time frame, performance indicators, and GHG reduction. The matrix will also provide a qualitative assessment of GHG benefits for each strategy and identify known co-benefits related to air quality, sustainability, and livability.
2.8 Public Review Draft General Plan
Upon revision of the Administrative Draft, the Public Review Draft General Plan will be released to the public for review and to the MIG environmental team for the environmental analysis process. The Public Review Draft General Plan will be the introduced to the community.
2.9 Final General Plan
Following final City Council action on the Draft General Plan, MIG will incorporate changes directed through the public hearing process. We have provided an allowance for this task since the extent of changes cannot be known at this time.
Task 2.0 Deliverables
▪ Admin Draft General Plan (All elements, Economic Development Element, and new Health and Wellness Element and Global Warming and Climate Change Element) (Word) ▪ Public Review Draft General Plan (PDF)
▪ Final General Plan (PDF)
TASK 3.0 PUBLIC PARTICIPATION PROGRAM
3.1 Community Outreach and Participation
This task has been completed. This task is over budget and may be a “receiver” task for other tasks that have been completed below budget (such as Task 2.2).
3.2 Focus Group and Stakeholder Meetings
This task has been completed. Remaining budget has been identified in Table 1. Remaining budget may be reallocated to other tasks, which have a cost overrun.
3.3 General Plan Advisory Committee (GPAC)
MIG will work with the city to confirm the options and methods for selecting the General Plan Advisory Committee (GPAC) members. These meetings would provide an opportunity for MIG/City staff to present the project and receive input from the group on the draft goals and policies. Three meetings remain.
3.4 Envisioning Commerce Campaign
This task has been completed. Remaining budget has been identified in Table 1. Remaining budget may be reallocated to other tasks, which have a cost overrun.
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3.5 Community Workshops
This task has been completed. This task is over budget and may be a “receiver” task for other tasks that have been completed below budget.
3.6 City Council Sub-Committee Meetings
MIG conducted several sub-committee and other City Council meetings; however, MIG will prepare for and facilitate one two-hour meeting with the Measure AA Advisory Committee.
3.7 Planning Commission and City Council Meetings
This task has been completed.
3.8 Community Collaterals and Multi-Media
MIG will develop a set of materials that will be used throughout the update process to inform the community about the update process. A fact sheet will be developed to explain the purpose of the Zoning Ordinance and its relationship to the General Plan. MIG will also develop a bilingual newsletter for including in the City’s regular mailing. MIG proposes this newsletter be released during the adoption of the General Plan and Final Zoning Ordinance.
3.9 Project Website
MIG will created and host a stand-alone website for the project using MIG’s proprietary TownSquare™ software.
The website will contain project information to include process overview, ways to get involved, upcoming meetings, how to provide input, and public documents. The website will also include links to social media accounts and a parallel section in Spanish language accessible through a Google Translate toolbar. MIG will work with City staff and the project team to determine final website design and content. MIG will curate the site’s content pages and link pages to a library folder, as needed. MIG will respond to inquiries and comments on a weekly basis throughout the project. Administrator access will also be provided to designated City staff. The website will be used throughout the 24-month General Plan update process.
Task 3.0 Deliverables
▪ GPAC Meetings (3)
▪ City Council Sub-Committee meetings (1)
▪ Planning Commission and City Council Meetings (1)
▪ Bilingual newsletter (PDF)
▪ Project Website
TASK 4.0 ZONING ORDINANCE UPDATE
4.1 Emergency Amendment Summary
This task has been completed.
4.2 Stakeholder Interviews
This task has been partially completed. In consultation with City staff, MIG will develop a mailing list of stakeholder agencies, individuals, and interest groups. MIG will conduct a total of two 1-hour interviews and focus groups with community stakeholders and interest groups such as developers, local builders and architects, commercial and industrial property and business owners, realtors and brokers, neighborhood groups and advocates, and Code Enforcement Staff. MIG will prepare a brief summary of key themes.
4.3 Diagnosis
MIG will prepare a comprehensive diagnosis of Title 19 in text and matrix format to identify all issues to be addressed in the update and to indicate options for addressing them. This diagnosis will draw from: a) General DocuSign Envelope ID: F27D3A87-9DFD-4FE3-B42F-7267BDEBD667 MIG, Inc. 6
Plan policy direction, b) stakeholder interviews, c) review of existing Title 19 sections, and e) discussions with City staff.
4.4 Style Sheet, Format, and Zoning Ordinance Outline
The MIG Team will prepare a recommended style sheet and a standard chapter format to be used for the Zoning Ordinance—along with a working annotated outline of the Zoning Ordinance—indicating how we propose to address issues in the updated Ordinance. Drawing from our experience and best practices, the recommended approach is to restructure the Zoning Ordinance into a more logical and user-friendly format. We will also provide a matrix indicating the location of existing regulations, in comparison to the new format, so that comparisons can be made.
4.5 Administrative Draft Zoning Ordinance (2 drafts)
Based on input received to date in the process, the diagnosis we prepare, planning, zoning, and land use law requirements, and the policies of the updated General Plan, MIG will prepare an administrative draft of the Zoning Ordinance, submitted by chapter/article for internal City staff review. We will prepare tables to identify, simplify, and modernize the land use regulations and to present the development standards and will prepare graphics to supplement the text to convey key messages. MIG will:
▪ Create new zoning districts and correlated development standards to correspond directly to the land use designations in the General Plan
▪ Review and revise permitted and conditionally permitted uses in all zoning districts, with the intent of eliminating use of SIC Codes in the Manufacturing Zone
▪ Modernize regulations to be more responsive to contemporary development trends and encourage high-quality development, including a review of parking and loading requirements ▪ Update the sign regulations to comply with Reed v. Town of Gilbert directives for content neutrality ▪ Comprehensively update the Definitions and supplement them with illustrations ▪ Craft development approaches and requirements that will achieve the City’s design goals articulated in the General Plan
▪ Assess and propose revisions to purpose statements, review processes, and permit procedures ▪ Establish clear procedures for zoning-related applications, and identify opportunities for process simplification and flexibility
City staff will compile all comments into a single comment document using the track changes function.
4.6 Public Review Draft Zoning Ordinance
Based on input and direction from City staff on the second Administrative Draft, the MIG Team will prepare revisions to the updated Zoning Ordinance for public review and distribution.
4.7 Draft Zoning Map (2 drafts)
We propose to update the Zoning Map in GIS format at a parcel specific level. The process of creating the map will first involve preparing a General Plan/Zoning consistency matrix for City staff review. Once staff approves the matrix, we can create a draft updated Zoning Map that includes the new zoning districts corresponding to the General Plan Land Use Map. We will prepare one Administrative Draft and one Public Review Draft Zoning Map.
City staff will compile all comments into a single comment document and provide to the consultant team.
4.8 Zoning Map Revisions Community Outreach
This task provides for focused outreach for the updated Zoning Map. Our experience has shown that the public hearing process can be eased when we directly address the concerns of property owners whose properties will be rezoned to achieve General Plan consistency and/or reflect changes in the new Zoning Ordinance (for example, renaming or elimination of zones). Many properties may be rezoned as a result of the update to the Zoning Map, and affected property owners may need to be individually noticed in this regard, depending on the number of rezonings occurring. MIG will prepare an informational newsletter describing the rezoning process and identifying parcels for rezoning, which can be produced and mailed to affected owners, as well as posted on DocuSign Envelope ID: F27D3A87-9DFD-4FE3-B42F-7267BDEBD667 MIG, Inc. 7
the City’s website. The City will be responsible for reproduction costs and mailing/distribution. We will also conduct a community workshop to allow property owners to review the proposed Zoning Map and ask questions in a public forum. Two MIG staff will attend and facilitate the meeting.
4.9 Test Drive with Focus Group
MIG will present the pre-publication draft of the Zoning Ordinance to focus group to “test drive” prior to release of the public review draft. We recommend that the focus group consist of persons who would most frequently use the Zoning Ordinance, such as developers and architects, especially those with preliminary projects plans, and Code Enforcement staff. Our scope anticipates one two-hour focus group meeting. MIG will prepare an action summary highlighting any specific areas of the Zoning Ordinance that should be revised based on input received.
4.10 Final Zoning Ordinance (2 drafts)
Following focus group, GPAC input and direction from the Planning Commission on the draft Zoning Ordinance, the MIG Team will prepare the final document for public hearings. Following final City Council direction on the Zoning Ordinance, the MIG Team will prepare the final document to incorporate City Council direction. This version will be used for the second reading for adoption. In the budget, we have allocated a certain number of hours to prepare the final Code. If final City Council direction for Code revisions requires additional effort beyond that indicated, we will bill for the additional hours as additional work.
4.11 Interactive eCode (On-line Zoning Ordinance)
Following City Council adoption of the final Zoning Ordinance, MIG will create a web-based Code, allowing users to query zoning and development regulations. The application would be suitable for use on desktop and mobile devices, thus providing a business-friendly approach to answering zoning and development questions quickly.
This scope and budget include our standard eCode, using our software Tangerine, which includes:
▪ A standard ePlan template that is customized to include the City’s logo and use the City’s colors and typography
▪ Conversion of the Word Doc to an online Tangerine document, which is similar to creating an interactive PDF
▪ Annual Software as a Service (SaaS) subscription fee, which provides unlimited publishing updates MIG also offers a premium version of Tangerine, which includes adding custom features such as GIS integration; personalized Zoning Ordinance digital publications based on an address, area, theme, or use including related zoning regulations; integrated counter staff notes and interpretations; and/or enhanced digital design and multimedia asset integration (e.g. how to videos or smart process infographics, etc.). The premium version of Tangerine requires a custom quote based on specific City requirements and needs. The MIG team will meet with staff to discuss your priorities and develop a custom budget, scope, and schedule if this option is chosen.
4.12 Follow-up Services for the Zoning Ordinance
The updated Zoning Ordinance will set in place new regulations and processes that may take some time for City staff to adapt to and become familiar with—and for the public as well. Also, our experience has shown that it will take about one year to work out kinks that could not be anticipated due to the extensive scope of changes. At no additional charge, for the year following adoption of the Zoning Ordinance, staff from the MIG Team will be available to City staff to respond to staff’s questions and discuss and direct possible revisions to address provisions that need adjusting.
Task 4.0 Deliverables
▪ Stakeholder Interview Summary (PDF)
▪ Zoning Diagnosis Memo (Word)
▪ Style Sheet, Format, and Outline Memo (Word)
▪ Administrative Draft Zoning Ordinance – 2 drafts (Word and 10 printed copies of each draft) ▪ Public Review Draft Zoning Ordinance (Word, PDF, and 11 printed copies) DocuSign Envelope ID: F27D3A87-9DFD-4FE3-B42F-7267BDEBD667 MIG, Inc. 8
▪ Administrative and Public Review Draft Zoning Map (11x17 PDF and all GIS files) ▪ Zoning Map Outreach Newsletter (PDF)
▪ Test Drive Action Summary (PDF)
▪ Final Zoning Ordinance (Word, PDF, and 11 printed copies) TASK 5.0 CEQA
5.1 CEQA Project Initiation
MIG CEQA team staff will visit the project area and meet with staff to review project tasks, objectives, and work products.
5.2 Initial Study, Notice of Preparation, Scoping Meeting MIG will complete a Notice of Preparation and Initial Study checklist and narrative to appropriately focus the topical contents to indicate potentially significant impacts that will be further analyzed during development of the Draft Environmental Impact Report (EIR). One MIG staff member will organize and lead one EIR scoping session with responsible/interested agencies and members of the public. City staff will be responsible for compiling the NOP mailing list, securing the scoping meeting location, and notifying interested parties that do not directly receive the NOP. MIG will distribute the NOP to the State Clearinghouse and appropriate agencies and individuals; MIG will post the NOP with the Los Angeles County Clerk.
5.3 Technical Analysis
MIG will prepare the following Technical Reports, which will form a basis for analysis in the EIR:
5.3.1 Air Quality and Greenhouse Gas Technical Report
Ramboll Environ will prepare technical reports analyzing air quality and greenhouse gas (GHG) emissions impacts in accordance with the CEQA Guidelines. As part of this task, air quality and GHG inventories will be prepared for the baseline and preferred alternative scenarios. Ramboll Environ has assumed that the inventories will be prepared using the current version CalEEMod®. The estimated emissions will primarily consist of those from operational mobile sources, energy and water use, stationary sources, and industrial sources. Ramboll Environ will also prepare the air quality and climate change sections of EIR, and assist with responses to comments received on the air quality and GHG analyses. For the purposes of this cost estimate, we have assumed that the two inventories noted above will be prepared and assessed using SCAQMD’s guidance. This cost estimate assumes that no dispersion modeling or health risk assessment will be required.
5.3.2 Cultural Resources Letter Report
MIG will conduct cultural resources records searches for cultural resources and will prepare a Cultural Resources Letter Report that documents the cultural assessment and findings for the project. The letter report will include a project description and record searches results, including cultural resources (through South Central Coastal Information Center), paleontological records (through the Natural History Museum of Los Angeles County), Sacred Lands File search, and Native American consultation (requesting information on Tribal Cultural Resources). The letter report will recommend mitigation measures for archaeological (prehistoric and historic), Tribal Cultural Resources, historic built environments, and paleontological resources.
5.3.3 Infrastructure Capacity Modeling Report
Based on the existing conditions analysis, planning studies prepared for the General Plan, and the draft General Plan Update estimated buildout and land use intensities , team member Willdan will evaluate the proposed land use changes associated with General Plan buildout and will quantify the potential increase in water, stormwater, and sewer demands based on commonly accepted generation demands to determine if the existing infrastructure (water, sewer, and storm drain) has the capacity to accommodate the long-term land use projections and increased demands. We will identify, in consultation with purveyors, regional and local agency improvements necessary to accommodate the proposed land use plan.
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5.3.4 Noise Monitoring and Technical Memorandum
MIG will conduct short-term (hour or less) noise monitoring at up to four locations, and long-term (24-hour) noise monitoring at up to two locations (provided that secure monitoring locations can be identified). MIG will evaluate potential construction and operational noise levels associated with General Plan development allowances, including whether new development would potentially be exposed to incompatible noise levels and/or generate noise levels that would impact nearby land uses. The potential increases in traffic-related noise resulting from the plan will be estimated using the Federal Highway Administration’s Traffic Noise Model (TNM), Version 2.5.
MIG will prepare a noise contour map estimating existing and future noise levels associated with major roadways.
5.3.5 Traffic Impact Analysis Report
CS will conduct future traffic modeling using SCAG’s regional model or the Gateway Cities Council of Governments (GCCOG) model. CS regularly uses both models and in fact developed the GCCOG model, which includes the Commerce arterial roadway system. The chosen model will be used to assess the projected growth in travel on arterial streets between existing conditions and a future horizon year (likely to be 2040, which correlates with the SCAG forecasts).
5.4 Draft Program Environmental Impact Report
MIG will develop a program-level Draft EIR that considers all aspects of General Plan and Zoning Ordinance implementation (i.e., citywide policy initiatives). Environmental topic areas and potential CEQA-defined impacts will be aligned with potential policies and directed projects contained in the General Plan. Associated mitigation strategies will be closely linked to General Plan policies. MIG assumes that three alternatives will be developed for the proposed project, including the No Project Alternative. This task assumes two rounds of review and comment by City staff.
5.5 Draft EIR Circulation/Notice of Availability
MIG will mail the Draft EIR and a Notice of Completion to the State Clearinghouse, and will mail a Notice of Availability and the Draft EIR to local agencies and interested parties based on a mailing list provided by City staff.
MIG will prepare and file the NOC/A with the County Clerk. The City will be responsible for posting notices in the local newspaper.
5.6 Response to Comments and FEIR and Supporting CEQA Documents MIG will prepare a Final EIR that includes responses to public and agency comments received on the Draft EIR during the 45-day public review period and a Mitigation Monitoring and Reporting Program. The budget assumes up to 80 individual comments will require a response (note: each comment letter may include multiple comments).
5.7 Findings & Statement of Overriding Considerations
MIG will prepare a Statement of Findings and Facts based on a format provided by the City Attorney and, if required, a Statement of Overriding Considerations.
5.8 Notice of Determination (NOD)
Within five days of Certification of the EIR, MIG will prepare and file the NOD with the County Clerk and the State Clearinghouse. The City will be responsible for paying for any filing fees, including California Department of Fish and Wildlife fees.
Task 5.0 Deliverables
▪ Initial Study and Notice of Preparation: 30 printed copies of NOP, and 30 CDs of Initial Study ▪ Air Quality Technical Memorandum: Word and PDF
▪ Cultural Resources Letter Report: Word and PDF
▪ Infrastructure Capacity Modeling Report: Word and PDF ▪ Noise Monitoring and Technical Memorandum: Word and PDF ▪ Public Review Draft EIR: 30 CDs for circulation and 5 printed copies ▪ Final EIR: PDF and 5 printed copies
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▪ Findings of Fact and Statement of Overriding Considerations: Word ▪ Notice of Determination: PDF and 2 printed copies
TASK 6.0 ALTERNATIVE/ADDITIONAL PRODUCTS
6.1 Land Use and Zoning Documents
This task has been completed. This task is over budget and may be a “receiver” task for other tasks that have been completed below budget (such as Task 2.2).
6.2 Land Use and Zoning Maps
Removed from the scope of work with Contract Amendment 1.
6.3 Aerial Photography
Removed from the scope of work with Contract Amendment 1.
CEQA Documents
▪ 2 Screenchecks and 1 Draft CEQA document (10 hard copies) ▪ 1 Screencheck and 1 Draft response to comments document (10 hard copies) ▪ 1 Screencheck and 1 Draft Mitigation Monitoring Program (10 hard copies) ▪ 1 Screencheck and 1 Draft Statement of Findings and Facts (10 hard copies) ▪ 1 Screencheck and 1 Draft Statement of Overriding Considerations (10 hard copies) ▪ Certified final EIR (10 hard copies)
▪ Technical Appendices (10 hard copies)
6.4 Quarterly Newsletters
Removed from the scope of work with Contract Amendment 1.
6.5 Future Use
Contract Amendment 1 removed some tasks and reallocated budget. After the reallocation, $15,697.25 remained undefined. As such, this task will allow the use of the $15,697.25 to be identified in the future and as mutually agreed upon by the City of Commerce and MIG. Examples of future uses may include expanded focus area analysis and planning, additional GPAC or community meetings, additional Planning Commission or City Council study sessions, etc.
TASK 7: HOUSING ELEMENT AND RELATED ENGAGEMENT
7.1 – Housing Element Kick-Off
MIG will conduct a kick-off meeting with City staff to review key tasks and milestones, identify and establish product review procedures. The project scope—including community engagement components —will be refined based on our discussions and critical project milestones, and a clear project schedule will be established. In conjunction with the kick-off meeting, MIG will participate in a tour of the City with City staff to review housing sites identified in the current Housing Element and potential new sites. City staff will be responsible for arranging a vehicle for the tour and planning the tour route. The tour may be conducted as a virtual tour if COVID-19 restrictions remain in place.
7.2 – Evaluation of the 2013-2021 Housing Element
As an initial task to the Housing Element update, Veronica Tam & Associates (VTA) will review and evaluate the City’s progress in implementing the 2013-2021 Housing Element. The City’s 2020 Housing Element Annual Progress Report (APR) is a good starting point for this evaluation.
7.3 – Needs Analysis
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The Housing Needs Assessment will contain the following topics to satisfy Government Code Section 65583(a) requirements: a) demographics, income, and employment trends; b) household characteristics; c) housing stock characteristics; and d) at-risk housing analysis; analysis of special housing needs.
7.4 – Housing Resources and Opportunities
The 6th Cycle RHNA is significant for the entire region. The City’s allocation is 247 units. This Housing Element update would require significant efforts to identify additional sites with sufficient capacity for the increased RHNA, taking into considerations the adequate sites requirements under new Housing Element laws (SB 166, AB 1397, etc.).
MIG will be responsible for identifying sites for the RHNA (Task 1.5). VTA will evaluate the sites inventory provided by MIG for meeting the RHNA. In addition to the sites inventory, VTA will discuss other resources such as funding available and partnership opportunities, as well as opportunities for energy conservation.
Task 7.5 – Sites Selection
This section will contain a parcel-specific inventory of sites that can accommodate the 6th Cycle RHNA allocation.
MIG will provide guidelines for the identification of sites and will prepare the Sites Inventory GIS map and parcelspecific listing (table) of individual sites. The MIG Team will then work to provide the required justifications that these sites can facilitate the development of housing given existing site, market, and development conditions.
This section may also require additional analysis to demonstrate the viability of affordable housing at densities less than the default density levels for Commerce. As needed, we will contact property owners and real estate representatives regarding their intentions for particular properties.
7.6 – Housing Constraints
VTA will identify potential governmental and non-governmental constraints to housing production, including environmental and infrastructural constraints. This analysis must contain a review of factors that may potentially constrain the development, improvement, and preservation of housing in Commerce. Factors to be reviewed include market, governmental, environmental, and infrastructural constraints. New housing element laws require the assessment of non-governmental constraints, including NIMBYism, lending practices, shortage of labor, and other economic factors.
7.7 – Housing Goals, Policies, and Quantified Objectives Based upon the analyses and research conducted in the previous tasks, VTA will update the Housing Element.
For each program included in the Housing Element, VTA will establish the timeframe for implementation, specific objectives, funding sources, and responsible agencies. The programs will satisfy requirements of Government Code Sections 65583(b) and (c).
7.8 – Affirmatively Furthering Fair Housing
AB 686 requires that the Housing Element address the City’s efforts in affirmatively furthering fair housing. This includes assessing existing conditions in the City relating to:
▪ Fair housing outreach and enforcement
▪ Housing segregation and integration
▪ Racially and ethnically concentrated areas of poverty ▪ Disparities in access to opportunities
▪ Disproportionate needs
VTA will evaluate the RHNA sites based on the above factors and work with City staff to develop meaningful actions to further fair housing.
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Task 7.9 – Draft Housing Element
VTA will prepare the following drafts:
▪ Administrative Draft for staff review
▪ Public Review Draft
▪ HCD Review Draft
Each will be prepared and submitted electronically to the City for review and comment. The document will be revised once based on the written comments provided in a single comment document using the track change function.
Task 7.10 – Housing Element and HCD Review
review of the Draft Housing Element is mandatory. During the review, VTA will lead the effort to address all HCD comments. VTA will communicate with HCD and facilitate review of the revisions via revised pages. All revisions made to the Draft Housing Element would be shown as tracked changes. The goal is to secure a Finding of Substantial Compliance on the Draft Element before proceeding to adoption. However, we understand from HCD that for the 6th cycle Housing Element update, three rounds of HCD review and revisions are typically required to achieve compliance status.
Task 7.11 – State Certification
After adoption, the Housing Element must be submitted to HCD for its final review (60 days). The sites inventory will be reformatted to meet HCD format. VTA will follow through with assisting the City in achieving State certification of the Housing Element.
Community Engagement
MIG will facilitate a Housing Element community workshop and joint study sessions during the work program, as described below. In tandem with the workshop, we will prepare survey materials that duplicate workshop content, thus providing opportunities for everyone to participate either in person or virtually. For the workshop and the parallel survey, MIG will be responsible for developing the format and content, preparing announcements, leading the workshop (up to three MIG staff at the event), and preparing a brief workshop/survey summary.
City staff will be responsible for reviewing draft announcements and workshop/survey materials (English and Spanish), advertising the events, arranging for workshop venue, arranging for refreshments, and committing City staff to attend and help conduct the workshop, including one person to provide translation services at the workshop, as needed.
7.12 - Housing Element Workshop and Survey
The Housing Element workshop and survey will be structured to gather input from the community and key local stakeholders such as nonprofit housing developers and representatives of lower-income and special needs housing advocacy groups. The meeting will be organized to include a presentation by the MIG Team about the intent of the Housing Element update, followed by an MIG-facilitated discussion regarding housing issues, opportunities to meet the community’s housing needs, and creative approaches to address the City’s constraints to housing production. This meeting will be structured as a focus group meeting where the community and stakeholders such as housing developers, advocates, and neighborhood representatives are invited to participate and provide their input.
7.13 - Study Sessions
MIG and VTA will conduct two joint study sessions with the City Council and Planning Commission to present proposed key policy directives identified in the Housing Element. These sessions will be open to the public and thus provide additional avenues for public input. MIG will facilitate the meetings and prepare a PowerPoint presentation and provide materials to the City for its staff report preparation for each session. The City will be responsible for securing the venue and advertising the sessions. Study Session #1 – to kick off the Housing DocuSign Envelope ID: F27D3A87-9DFD-4FE3-B42F-7267BDEBD667 MIG, Inc. 13
Element update and to outline the challenges ahead. Study Session #2 – to present the Draft Housing Element prior to submitting the Element for HCD review
7.14 – Hearings
VTA will conduct a total of two public hearings before the Planning Commission and City Council for the adoption of the Housing Element. Previously prepared materials will be provided to City staff for its use in the preparation of staff reports and presentations.
Housing Element Deliverables and Review
All Housing Element related documents, announcements, and presentations will be provided in an electronic format for City staff to review. This scope of work and budget assumes one round of review to be initiated after receiving a single comment document, which uses the track changes functions, consolidates all City staff comments, and resolves conflicting comments. The consultant team will provide the Department of Housing and Community Development with the requested Housing Element printed copy, Housing Element electronic copy, and an uploaded sites inventory.
The City is responsible for the procurement of workshop venues, providing refreshments, advertising the engagement opportunities, posting of materials on to the City’s website, and other specific responsibilities described above including live translation and other staffing services. The City is responsible for preparing Housing Element related staff reports and resolutions.
Housing Element Schedule
For jurisdictions in the SCAG region, the statutory deadline for the 6th cycle Housing Element update was October 15, 2021. At this time, the City has missed the statutory deadline for the update. Given the extensive requirements and HCD review process, it is not feasible to meet the February 11, 2022 grace period either.
Furthermore, the City of Commerce will be subject to the new requirements under AB 215 and AB 1398 regarding public review process for Housing Element update. Specifically, AB 215 requires the following:
▪ Prior to submitting Draft Housing Element for HCD review:
o Make available the Draft Housing Element for public review for at least 30 days o City must take ten days to review and address public comments received during the 30-day review period
▪ HCD Review
o Review of Draft Housing Element – 90 days each round of review o Review of Adopted Housing Element – 60 days
AB 1398 requires that local jurisdictions achieve a compliance status of the Housing Element within the 120-day grace period of the statutory deadline. Jurisdictions that meet this timeline are eligible to have up to three years to complete the rezoning necessary for the RHNA. Jurisdictions that fail to meet this timeline have only one year from the statutory deadline (until October 15, 2022) to complete the necessary rezoning.
At this time, Commerce would not meet the timeline for compliance and is likely to not meet the one-year timeline for rezoning, if required. Therefore, the Housing Element is likely to remain out of compliance until the rezoning, if required, is completed.
The Housing Element effort will commence with the kick-off meeting no earlier than January 2022.
TASK 8 ENVIRONMENTAL JUSTICE PUBLIC ENGAGEMENT
State law and its implementation requires Environmental Justice issues and strategies be discussed with the disadvantaged communities in their own, separate community engagement meetings.
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The Environmental Justice workshop and survey will be structured to introduce the topic of Environmental Justice and the General Plan and to solicit community members’ ideas regarding strategies to address issues of highest concern to them. We recommend a 90-minute open house format with informative boards distributed around the room, with each staffed by MIG and City staff for questions and discussion. Workshop attendees will be able to review materials drafted to date and provide additional feedback. Up to three MIG staff will be provided to facilitate the workshop. City staff will supplement the facilitation needs, as necessary. To replicate this activity in survey form, we will prepare a survey to be released immediately following the workshop that integrates workshop responses and provides an opportunity for community members to provide feedback on on-line.
TASK 9 VMT ANALYSIS
At the time of the contract execution, Level of Service (LOS) was the preferred analytical tool to evaluate a proposed project’s traffic impacts; thus, it was included in the scope of work. State law now requires that Vehicle Miles Traveled (VMT) analysis be conducted rather than LOS.
In discussions with the City’s Traffic Engineer, the City expressed its desire for both the LOS analysis and the VMT analyses be conducted. As such, Cambridge Systematics proposes to provide the VMT analysis as an “add services” item and at an additional cost.
Cambridge Systematics (CS) will use the latest SCAG Regional Transportation Planning (RTP) model to estimate the per service population per capita VMT for the City of Commerce. Three scenarios will be analyzed as part of this scope of work:
▪ Current conditions ‘Base Year’ scenario
▪ Future year ‘Baseline’ scenario [or future year no-project scenario] ▪ Future year with ‘General Plan’ scenario [or future year with-project scenario] Cambridge Systematics will examine and verify the socio-economic data (SED) for the base year and future baseline models and perform model runs to estimate per capita VMT for both baselines. CS will then update the future year SED with ‘General Plan’ and perform future with-project scenario model run and estimate the per capita VMT.
Per service population, VMT will be estimated; reasonableness checks will be performed. CS will prepare a short memorandum describing the methodology used to estimate per service population per capita VMT, model inputs, and the key results.
ADDITIONAL MIG PROJECT MANAGEMENT
Throughout the original contract period, MIG conducted project management tasks including City-MIG management teleconferences (preparing agendas and summaries, conducting calls, and follow up), MIGConsultant team management teleconferences, as needed (preparing agendas and summaries, conducting calls, and follow up), internal team technical meetings and coordination (project assignments, task reviews, product reviews, etc), and ongoing project management (schedule updates, budget updates, invoicing, and other administrative tasks), responding to City staff inquiries, etc. The Professional Service’s Agreement monthly project management estimate is $1,715.27. As the project is anticipated to be extended an additional 30 months and will be required to manage additional technical services, MIG’s project management budget increase will be $51,458.10. Please note, this does not include billing rates increases, although MIG billing rates increased. In addition, the 15% administrative fee is applied to all subconsultant work. This amounts to a total of $9,840 for Cambridge Systematic’s additional traffic work and VTA’s housing element work. Combining the additional project management and subconsultant administrative fees, MIG requests a project management budget increase totaling $61,298.10.
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CAMBRIDGE SYSTEMATIC’S COMPLETING GENERAL PLAN ANALYSIS FOLLOWING PROJECT DELAYS BEYOND CAMBRIDGE SYSTEMATIC’S CONTROL
Cambridge Systematic’s subconsultant agreement was signed in 2018. At the request of MIG and City of Commerce, CS staff attended meetings, conducted technical work, produced a baseline condition report in April 2019 and worked on updates to the City’s goals and policies. Comments on the April 2019 baseline conditions draft were received nearly two years later (a gap of nearly of nearly two full years in reviewing any feedback on the work product). Thus, the CS labor rates upon which our cost was developed are now nearly four years old. As with all firms, CS provides annual pay rate adjustments that are reflected in our billing rates as well. Over the past four years, the annual adjustment has been approximately 5% per year, totaling approximately 20% total. It is reasonable to assume that these increases would have been absorbed by CS for the first year, but once there was a full two-year gap in the project beyond our control and we are now almost four years beyond the start of work, our rates continued to change, while the base contract amount did not.
Thus, CS requests a 15% adjustment to the remaining budget of $50,000, or $7,500.00. Without such adjustment, we are essentially losing money on each hour spent on the project at this time.
ASSUMPTIONS FOR THIS PROPOSAL
▪ City staff will be responsible for reviewing and providing one consolidated set of City comments to MIG on each document provided for City review.
▪ Unless otherwise stated, this scope and budget assume one round of review and comment from City staff.
▪ City staff will be responsible for consultation efforts with local Native American Tribes pursuant to SB 18 and AB 52. As an optional task, MIG can provide assistance with the administrative procedures associated with these requirements, including drafting of letters and coordinating consultation. ▪ MIG will prepare agendas, content materials (exhibits, PowerPoint presentations, and maps), sign in sheets, and summaries for all meetings.
▪ A Spanish language interpreter will be provided by the City for community workshops. ▪ MIG staff will facilitate GPAC meetings and community workshops. ▪ All meetings are assumed taking place in public facilities; the budget assumes City staff will secure venues at no cost.
▪ Unless otherwise stated, MIG will prepare exhibits and presentation materials for workshops and public hearings. Documents to be provided by the City of Commerce o Infrastructure master plans, maps and/or capacity reports (water, sewer, storm drains, flood, solid waste, watershed, and recycled water)
o Municipal Service Reviews (studies done by engineering consultants for the City on any infrastructure plans or issue)
o Information about any amendments to the Zoning or General Plan maps, i.e., change of zoning designation, change in boundary, and change in uses. Provide copies of ordinances with exhibits showing amendments to the zoning or General Plan maps.
o Recent, pending or proposed Zoning ordinance changes
o List of currently planned/proposed projects by land use type o Include at the minimum new floor area, new construction, and conversion of uses, whether or not they required building permit or planning entitlement
o List of recent public or private developments (last five years, citywide) o Relevant grant applications related to transportation o Current (latest) roadway traffic volumes map
o Roadway classification hierarchy and current street cross sections o Pedestrian sidewalk information (missing segments)
o Street right-of-way inventory
o On-street parking restrictions, if any, and where
o Park master/strategic plan, if any
o Pedestrian safety assessment and associated data
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o Social services plan/report
o Previous noise monitoring sites (if any)
o GIS Data
Table 1, below, provides the budget estimate for the General Plan, Zoning Code, and Environmental Review project. It includes the Housing Element, Environmental Justice public engagement, and VMT analysis.
If, after reviewing this proposal and if you have questions, please contact me at 626.240.9596 or [email protected]. MIG and its subconsultant team look forward to completing the General Plan Update, Zoning Code Amendment, and Environmental Impact Report.
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Table 1: Proposed Budget
New Tasks
Previous Contract Or Additional Total Remaining Budget Budget Required Budget Task 1 Project Management
1.1 Project Schedule/Work Plan $136.25 $136.25
1.2 Project Re-Initiation and General Plan Team Meetings $9,375.00 $9,375.00
1.3 Ongoing Project Management $2,141.56 $61,298.10 $63,439.66 EXP Direct Costs Task 1 $0.00 $0.00
Subtotal $11,652.81 $61,298.10 $72,950.91
Task 2 General Plan Update
2.1 Existing Conditions/Community Profile Report (completed) $0.00 $0.00
2.2 Market Study and Demographic Analysis (completed) $6,951.25 $6,951.25
2.3 Transportation Background Report (completed) $9,986.78 $9,986.78
2.4 Infrastructure Report $8,328.75 $8,328.75
2.5 Community Vision and General Plan Guiding Principles ($937.50) ($937.50)
2.6 General Plan Alternatives (completed) $11,541.25 $11,541.25
2.7 Administrative Draft General Plan (underway) $1,041.25 $1,041.25
2.7.1 Circulation Element $43,277.45 $43,277.45
2.7.2 Economic Development Element $25,127.50 $25,127.50
2.7.3 Health/Wellness and Environmental Justice Element $7,379.47 $7,379.47
2.7.4 Global Warming/Climate Change Element ($1,378.75) ($1,378.75)
2.8 Public Review Draft General Plan $26,725.00 $26,725.00
2.9 Public Hearings, Staff reports, Resolutions/Ordinances (PC & CC) $23,680.00 $23,680.00
2.10 Final General Plan $5,400.00 $5,400.00
2.11 Atlantic/Washington Areas of Focus $11,507.50 $11,507.50 EXP Direct Costs Task 2 $8,565.28 $8,565.28
Subtotal $187,195.23 $0.00 $187,195.23
Task 3 Public Participation Program
3.1 Community Outreach and Participation Strategy (completed) ($1,351.50) ($1,351.50)
3.2 Focus Group and Stakeholder Meetings (completed) $7,018.75 $7,018.75
3.3 General Plan Advisory Committee Meetings (3 meetings remaining) $2,938.75 $2,938.75
3.4 Envisioning Commerce Campaign (completed) $65.00 $65.00
3.5 Community Workshops (completed) ($26,832.24) ($26,832.24)
3.6 City Council Sub-Committee Meetings (Measure AA Advisory Committee remaining) $20,300.00 $20,300.00
3.7 Planning Commission and City Council Meetings (completed) $8,177.50 $8,177.50
3.8 Community Collaterals and Publications $12,931.25 $12,931.25
3.9 Project Website $2,001.25 $2,001.25
EXP Direct Costs Task 3 $18,557.45 $18,557.45
Subtotal $43,806.21 $0.00 $43,806.21
Task 4 Zoning Ordinance Update
4.1 Emergency Amendment Summary (completed) $0.25 $0.25
4.2 Stakeholder Interviews (partially completed) $3,241.25 $3,241.25
4.3 Diagnosis $4,200.00 $4,200.00
4.4 Style Sheet, Format, and Outline $3,150.00 $3,150.00
4.5 Administrative Draft Zoning Ordinance $80,500.00 $80,500.00
4.6 Public Review Draft Zoning Ordinance $4,300.00 $4,300.00
4.7 Draft Zoning Map $5,037.50 $5,037.50
4.8 Zoning Map Revisions Community Outreach $7,720.00 $7,720.00
4.9 Test Drive with Focus Groups $3,610.00 $3,610.00
4.10 Final Zoning Ordinance $7,300.00 $7,300.00
4.11 Interactive eCode $3,950.00 $3,950.00
EXP Direct Costs Task 4 $5,980.54 $5,980.54
Subtotal $128,989.54 $0.00 $128,989.54
Task 5 CEQA
5.1 CEQA Initiation $1,512.50 $1,512.50
5.2 Initial Study, NOP, Scoping Meeting $17,990.00 $17,990.00
5.3 Technical Analysis
5.3.1 Air Quality and GHG Technical Report $54,900.00 $54,900.00
5.3.2 Cultural Resources Letter Report $6,750.00 $6,750.00
5.3.3 Infrastructure Capacity Modeling Report $45,980.00 $45,980.00
5.3.4 Noise Monitoring and Technical Memorandum $14,995.00 $14,995.00
5.3.5 Traffic Impact Analysis Report $25,900.00 $25,900.00
5.4 Draft Program EIR $58,530.00 $58,530.00
5.5 Draft EIR Circulation/Notice of Availability $1,520.00 $1,520.00
5.6 Response to Comments, Final EIR, and Supporting Documents $30,885.00 $30,885.00
5.7 Findings and Statement of Overriding Considerations $7,230.00 $7,230.00
5.8 NOD $1,380.00 $1,380.00
EXP Direct Costs Task 5 $2,376.87 $2,376.87
Subtotal $269,949.37 $0.00 $269,949.37
Task 6 Alternative/Additional Products
6.1 Land Use and Zoning Documents (completed) ($50.00) ($50.00)
6.2 Land Use and Zoning Maps (removed from scope of work) $0.00 $0.00
6.3 Aerial Photography (removed from scope of work) $6,820.00 $6,820.00
6.3 CEQA Documents $314.00 $314.00
6.4 Quarterly Newsletters (removed from scope of work) $25,241.25 $25,241.25
6.5 Future Use $15,697.25 $15,697.25
EXP Direct Costs Task 6 $19,400.00 $19,400.00
Subtotal $67,422.50 $0.00 $67,422.50
Task 7 Housing Element
7.1 Housing Element Kick-Off $3,100.00 $3,100.00
7.2 Evaluation of the 2013 Housing Element $2,760.00 $2,760.00
7.3 Needs Analysis $10,920.00 $10,920.00
7.4 Housing Resources and Opportunities $6,240.00 $6,240.00
7.5 Sites Selection $15,000.00 $15,000.00
7.6 Housing Constraints $6,740.00 $6,740.00
7.7 Housing Goals, Policies, and Quantified Objectives $3,720.00 $3,720.00
7.8 Affirmatively Furthering Fair Housing $10,080.00 $10,080.00
7.9 Draft Housing Element $7,560.00 $7,560.00
7.10 Housing Element and HCD Review $15,050.00 $15,050.00
7.11 State Certification $1,800.00 $1,800.00
7.12 Housing Element Workshop and Survey $8,050.00 $8,050.00
7.13 Study Sessions $6,450.00 $6,450.00
7.14 Hearings (2) $7,000.00 $7,000.00
Subtotal $104,470.00 $104,470.00
Task 8 Environmental Justice Public Engagement
8.1 Environmental Justice Public Engagement $9,000.00 $9,000.00 Subtotal $9,000.00 $9,000.00
Task 9 VMT Analysis
9.1 Model Runs and Per Capita VMT Estimation $26,563.00 $26,563.00
9.2 Documentation (including comparison to regional VMT standards and CEQA finding of significance) $9,280.00 $9,280.00
Subtotal $35,843.00 $35,843.00
Subconsultants
Cambridge Systematic $7,500.00 $7,500.00
Subtotal $7,500.00 $7,500.00
TOTAL $709,015.66 $218,111.10 $927,126.76
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