UM NU.
APPROVED BY
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CITY MANAGER FROM: OFFICE OF THE CITY MANAGER
BY: IRMA HUITRON, DIRECTOR OF COMMUNITY DEVELOPMEN
DATE: AUGUST 8, 2023
SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH MIG CONSULTING FOR
ASSISTANCE WITH IMPLEMENTATION OF THE CITY'S ADOPTED HOUSING
ELEMENT
EXECUTIVE SUMMARY
The City Council will consider approving a Professional Services Agreement with Moore lacofano Goltsman, Inc. (MIG) Consulting for implementation of the 2021-2029 Housing Element, which will involve General Plan, Specific Plan, and Zoning Code Amendments, in addition to the preparation of an Environmental Impact Report. The Amendments are necessary to implement various programs identified in the adopted Housing Element, particularly those programs designed to facilitate additional residential development opportunities to accommodate the City's Regional Housing Needs Assessment's (RHNA) construction requirement of 6,524 new housing units within the City through 2029.
RECOMMENDATION
That the City Council:
Authorize the City Manager, or his designee, to execute the Professional Services Agreement with MIG Consulting in the amount of $528,088, including any non - substantive extensions, change orders, purchase orders, and amendments up to the authorized budget amount of $528,088.
BACKGROUND
The City Council adopted the Housing Element in August 2022, which was certified by the State Department of Housing and Community Development (HCD) on October 14, 2022. The Housing Element contains an "implementation" section that lists various programs to be implemented, particularly programs related to zoning, including zone changes and new development standards to accommodate Downey's RHNA. The most notable implementation measures include amendments to the General Plan and Zoning Code, which include but are not limited to rezoning identified housing sites comprised of 81 acres to meet the City's housing shortfall of 3,896 housing Units; amending the medium -density (R-3) zone to allow up to 40 units per acre; a new Residential overlay zone to allow a medium density of 30 dwelling units per acre and allowing residential
PROFESSIONAL SERVICES AGREEMENT WITH MIG CONSULTING
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development subject to development standards by -right; amending various Specific Plans to allow housing at a density of at least 30 dwelling units per acre on specific properties; creating a new mixed -use General Plan land use designation; identifying and codifying incentives to encourage development of residential uses in areas with Residential Overlay and Mixed -Use zones; revising R-3 zoning district development standards including minimum lot areas and building heights; updating development standards for multi -family projects to remove the Site Plan Review requirements; and updating off-street parking requirements for multi -family projects taking into account units size and number of bedrooms. The implementation process will involve pubic outreach and participation, workshops, study sessions, followed by public hearings before the Planning Commission and City Council. The process is anticipated to take approximately two years.
Additionally, an environmental review in accordance with the California Environmental Quality Act (CEQA), which will include preparation of an Environmental Impact Report (EIR), will also need to be completed as part of the implementation process.
ANALYSIS
City staff issued a Request for Proposals (RFP) to 16 consultants on March 17, 2023 and also listed the RFP on the City's webpage. The City received responses from five consultants. The five firms include; ESA, Infrastructure Engineers (IE), MIG, Psomas, and The Arroyo Group.
The five proposals were carefully reviewed by an evaluation committee consisting of the staff from the Community Development Department and City Manager's Office. The Committee ranked the firms based upon quality of the responses to the RFP, and MIG was selected as the top candidate. The Committee also found the firm's cost proposal to be reasonable based upon comparison of the other proposals, project budget, prior experience, and professional judgment. Since MIG had prepared the City's Housing Element, the firm's extensive knowledge of the implementation programs further demonstrated that it was the most qualified firm to carry out the project. Staff also asked MIG to supplement its proposal and provide a scope of work that analyzes the potential fiscal impacts associated with repurposing selected commercial areas with residential development. MIG revised its scope and incorporated the services of The Natelson Dale Group, Inc., (TNDG) as an expert subconsultant at a cost of $26,000.
The following table lists the firms in the order they were ranked by the review committee:
1. MIG
2. The Arroyo Group
3. ESA
4. Psomas
5. Infrastructure Engineers
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PAGE 3
The Professional Service Agreement is necessary in order for MIG Consulting to work with City Staff and carry out the necessary amendments to the General Plan, the Zoning Code and various Specific Plans, and to conduct environmental review in accordance with CEQA.
The MIG Consulting team consists of several highly qualified professionals who have experience in all aspects of Planning and Environmental Review, including the preparation of General Plans, Zoning Codes, and Environmental Review. The subconsultant TNDG is an economic and real estate consulting firm established in southern California in 1974. TNDG provides services to public and private sector clients in fiscal impact analysis, real estate market forecasts, and development feasibility studies in addition to other economic related services. The TNDG will specifically analyze the potential fiscal impacts associated with repurposing selected commercial areas with residential development. The analysis would include forecasting General Fund revenues and costs associated with new residential and/or commercial development in the study area, forecast property tax revenues associated with new residential development and determine the degree to which parcels under consideration for rezoning have realistic opportunities for future retail commercial development.
Community Outreach and Timeline
Staff will hold a kick-off meeting with the consultant upon contract approval by City Council, and it is anticipated that the project will be completed in the Spring of 2025.
Exhibit A of Attachment B describes the detailed community outreach plan and major outreach milestones which include the following:
• Summer/Fall 2023 — Community Outreach and Engagement
• Winter 2024 — Community Meetings
• Summer/Fall 2024 - Study Sessions
As MIG assisted the City in the development of the Housing Element Implementation Programs, their extensive familiarity with the programs will be extremely beneficial for the City as it moves forward with this project.
CITY COUNCIL PRIORITIES
Fiscal Responsibility
Efficiency & Adaptability
Quality of Life, Safety & Infrastructure
Public Engagement
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PAGE 4
FISCAL IMPACT
Approval of the recommended action will result in an expenditure of $528,088 from the Community Development Department — General Plan, Account No. 10-4-5115-0700 as previously approved in the FY 2023-2024 operating budget.
ATTACHMENTS
Attachment A: Professional Services Agreement
Exhibit A: Scope of Services
Attachment B: Housing Element Implementation Programs
ATTACHMENT "A"
PROFESSIONAL SERVICES AGREEMENT
CITY OF DOWNEY
PROFESSIONAL SERVICES AGREEMENT
WITH MIG CONSULTING
GENERAL. PLAN, SPECIFIC PLAN AND ZONING CODE AMENDMENTS TO IMPLEMENT THE 2021-2029 HOUSING ELEMENT
AND PREPARATION OF PROGRAMMATIC ENVIRONMENTAL IMPACT REPORT
1. Parties and Date.
This Agreement is made and entered into this day of , 2023 by and between the City of Downey, a California municipal corporation and charter city with its principal place of business at 11111 Brookshire Avenue, Downey California 90241 ("City") and Moore lacofano Goltsman, Inc (MIG) Consulting, a California corporation, with its principal place of business at 537 S. Raymond Avenue, Pasadena, CA 91105 ("Proposer"). City and Proposer -are sometimes individually referred to as "Party" and collectively as "Parties."
2. Recitals.
2.1 Proposer.
Proposer desires to perform and assume responsibility for the provision of certain professional Planning and Environmental consulting services required by City on the terms and conditions set forth in this Agreement. Proposer represents that it has demonstrated competence and experience in providing Planning and Environmental consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Proposer to render such services for the Implementation of the Housing Element project ("Project") as set forth in this Agreement and shown in Exhibit "A" to this Agreement.
3. Terms.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Proposer promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Planning and Environmental consulting services necessary for the Project ("Services"). The Attachment "A"
Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from August 9, 2023 to August 9, 2025, unless earlier terminated as provided herein. Proposer shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The term of this Agreement may be extended by a written amendment to this Agreement signed by the City Manager and Proposer.
3.2 Responsibilities of Proposer.
3.2.1 Control and Payment of Subordinates-, Independent Contractor.
The Services shall be performed by Proposer or under its supervision. Proposer will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Proposer on an independent contractor basis and not as an employee. Proposer retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Proposer shall also not be employees of City and shall at all times be under Proposers exclusive direction and control. Proposer shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Proposer shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Proposer shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services ("Project Timeline) set forth in Exhibit "A" attached hereto and incorporated herein by reference. Proposer represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Proposer's conformance with the Schedule, City shall respond to Proposers submittals in a timely manner. Upon request of City, Proposer shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
The parties acknowledge that the Schedule of Services may be amended by mutual agreement due to changes in circumstances, including changes in the performance schedules of other third parties performing work for the City on the Project, which affect the timing of Proposers performance of the Services.
3.2.3 Conformance to Aoolicable Requirements. All work prepared by Proposer shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Proposer has represented to City that certain key personnel will perform and coordinate the Services under this
Agreement. Should one or more of such personnel become unavailable, Proposer may substitute other personnel of at least equal competence upon written approval of City.
In the event that City and Proposer cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Proposer at the request of the City.
3.2.5 City's Representative. The City hereby designates the Director of Community Development, or his/her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract.
Proposer shall not accept direction or orders from any person other than the City's Representative or his or her designee.
3.2.6 Proposer's Representative. Proposer hereby designates Laura Stetson, AMP, Principal -in -Charge or her designee, to act as its representative for the performance of this Agreement ("Proposer's Representative"). Proposer's Representative shall have full authority to represent and act on behalf of the Proposer for all purposes under this Agreement. The Proposer's Representative shall supervise and direct the Services, using her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Proposer agrees to work closely with City staff in the performance of Services and shall be available to City's staff, Proposers and other staff at all reasonable times.
3.2.8 Standard of Care: Performance of Employees. Proposer shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Proposer represents and maintains that it is skilled in the professional calling necessary to perform the Services. Proposer warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Proposer represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Proposer shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Proposer's failure to comply with the standard of care provided for herein. Any employee of the Proposer or its sub -Proposers who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion
of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner consistent with the standard of care set forth herein, shall be promptly removed from the Project by the Proposer and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations. Proposer shall keep itself fully informed of and in compliance with all applicable local, state and federal laws, rules and regulations in force at the time the Services are performed by Proposer and in any manner affecting the performance of the Project or the Services, including all applicable Cal/OSHA requirements, and shall give all notices required by law. Proposer shall be liable for all violations of such laws and regulations in connection with Services. If the Proposer performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Proposer shall be responsible for all costs arising therefrom. Proposer shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. Proposer's violation of such laws, rules and regulations shall also constitute a material breach of this Agreement.
3.2.10 Insurance.
3.2.10.1 Time for Com liance. Proposer shall not commence the Services under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Proposer shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section.
3.2.10.2 Minimum Requirements. Proposer shall, at its
expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Proposer, its agents, representatives, employees or subcontractors. Proposer shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at
least as broad as the latest version of the following: (1) General Liability. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability:
Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
(B) Minimum Limits of Insurance. Proposer shall
maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of $2,000,000 per accident for bodily injury or disease.
3.2.10.3 Professional Liabilitv. Proposer shall procure and maintain, and require its sub -Proposers to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to its profession. Such insurance shall be in an amount not less than $2,000,000 per claim, and shall be endorsed to include contractual liability.
3.2.10.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Proposer shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liabilitv. The general liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the Services or operations performed by or on behalf of the Proposer, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Proposer's scheduled underlying coverage. Any insurance or self- insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Proposer's insurance and shall not be called upon to contribute with it in any way.
A Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Proposer or for which the Proposer is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Proposer's scheduled underlying coverage.
Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Proposer's insurance and shall not be called upon to contribute with it in any way.
(C) Workers' Compensation and Em to ers Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Proposer. (D) All Coverages_ . Each insurance policy required by this Agreement shall be endorsed to state that; (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers.
3.2.10.5 Separation of Insureds: No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers.
3.2.10.6 Deductibles and Self-insurance Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City.
Proposer shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (2) the Proposer shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
3.2.10.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VII, licensed to do business in California, and satisfactory to the City.
3.2.10.8 Verification of Coverage. Proposer shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at anytime.
3.2.11 Safety. Proposer shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Proposer shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be
limited to: (A) adequate life protection and life-saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.3 Fees and Payments.
3.3.1 Compensation. Proposer shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "A" attached hereto and incorporated herein by reference. The total compensation shall not exceed five hundred twenty-eight thousand and eighty-eight ($528,088) without written approval of the City. Extra Work may be authorized, as described below, and if authorized, said Extra Work will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Proposer shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Proposer. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Proposer shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Proposer perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Proposer shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative.
3.3.5 Reserved.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Proposer shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Proposer shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Proposer shall allow inspection of all work, data, documents, proceedings,
and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Proposer, terminate the whole or any part of this Agreement at any time either for cause or for the City's convenience and without cause by giving written notice to Proposer of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Proposer may only terminate this Agreement for cause upon giving the City not less than seven (7) calendar days' written notice.
Upon termination, Proposer shall be compensated only for those services which have been adequately rendered to City, and Proposer shall be entitled to no further compensation. The City shall within fifteen (15) calendar days following termination pay the Proposer for all services adequately rendered and all reimbursable costs incurred by Proposer up to the date of termination, in accordance with the payment provisions of this Agreement.
The following reasons shall constitute "cause" for which either party may terminate this Agreement as provided herein:
= Substantial failure by the other party to perform in accordance with the terms of this Agreement and through no fault of the terminating party; • Assignment of this Agreement or transfer of the Project by either party to any other entity without the prior written consent of the other party; • Suspension of the Project or the Proposer's Services by the City for more than ninety (90) calendar days, consecutive or in the aggregate, without good cause; Material changes in the conditions under which this Agreement was entered into, the Scope of Services or the nature of the Project, and the failure of the parties to reach agreement on the compensation and schedule adjustments necessitated by such changes.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Proposer to provide all finished or unfinished Documents and Data and other information of any [rind prepared by Proposer in connection with the performance of Services under this Agreement. Proposer shall be required to provide such Documents and Data and other information within fifteen (15) days of the City's request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Proposer:
City:
MIG Consulting
537 S. Raymond Avenue
Pasadena, CA 91105
Phone: (626) 744-9872
Email: lstetsona—migcom.com
Attn: Laura Stetson, AICP, Principal -in -Charge
City of Downey
11111 Brookshire Avenue
Downey, California 90241
Phone: (562) 904-7286
Fax: (562) 923-6388
Attn: Community Development Director
With a courtesy copy to:
City of Downey
City Attorney's Office
11111 Brookshire Avenue
Downey, California 90241
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data: Licensing of Intellectual Propertv.
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Proposer under 1']
this Agreement ("Documents & Data"). Proposer shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Proposer represents and warrants that Proposer has the legal right to license any and all Documents & Data. Proposer makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Proposer or provided to Proposer by the City. City shall not be limited in any way in its use of the Documents and Data at anytime, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Proposer in connection with the performance of this Agreement shall be held confidential by Proposer. Such materials shall not, without the prior written consent of City, be used by Proposer for any purposes other than the performance of the Services.
Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Proposer which is otherwise known to Proposer or is generally known, or has become known, to the related industry shall be deemed confidential. Proposer shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.5.4 Cooperation: Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorne 's Fees. in the event of any litigation, whether in a court of law, administrative hearing, arbitration, or otherwise, arising from or related to this Agreement of the services provided under this Agreement, the prevailing party shall be entitled to recover from the non -prevailing party all reasonable costs incurred, including staff time, court costs, attorneys' fees and all other related expenses in such litigation.
3.5.6 Indemnification. Proposer shall defend (with counsel acceptable to City), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged negligent acts, errors, omissions or willful misconduct of Proposer, its officials, officers, employees, agents, Proposers and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attomeys' fees and other related costs and expenses. Proposer shall defend, at Proposer's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents
or volunteers. Proposer shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Proposer shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Proposer's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, and agents or volunteers. Proposer shall not be obligated to defend, indemnify or hold the City harmless in any manner whatsoever for any claims or liability arising solely out of the City's own negligent acts, errors or omissions or willful misconduct.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be the courts in Los Angeles County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.10 City's Riaht to Employ Other Proposers. City reserves right to employ other Proposers in connection with this Project.
3.5.11 _Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.12 Assignment or Transfer. Neither party shall assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the other party. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Proposer include all personnel, employees, agents, and subcontractors of Proposer, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents and volunteers except as otherwise specified in this Agreement.
The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.14 Amendment: Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.5.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity: Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Proposer maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Proposer, to solicit or secure this Agreement. Further, Proposer warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Proposer, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.19 Eaual Opportunity Employment Proposer represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Proposer shall also comply with all relevant provisions of any City Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.20 tabor Certification' By its signature hereunder, Proposer certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Proposer has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement.
Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be executed in counterparts, each of which shall constitute one and the same instrument.
3.5.23 Effect of Conflict.
In the event of any conflict, inconsistency, or incongruity between any provision of this Agreement, any of its exhibits, attachments, purchase order, or notice to proceed, the provisions of this Agreement will govern and control.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Proposer shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
CITY OF DOWNEY, MIG CONSULTING a California corporation a California municipal corporation
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By: By: J(
Mayor Dan
Its: CEO, President
Attest: Attest:
City Clerk
Approved as to Form:
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City Attorney
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Secretary
Approved as to Form:
Legal Counsel
13 EXHIBIT "A"
Scope of Services
Scope of Services
We have developed the following detailed work plan to respond directly to the City's expectations outlined in the RFP, with some adjustments that we believe will benefit the program through the application of best practices, TASK 1: COORDINATION AND MANAGEMENT
1.1: Project Initiation and Project Schedule Development MIG will conduct a kick-off meeting with City staff to introduce the team, identify project team members' roles, review tasks and milestones, identify project management protocols, and establish product review procedures, The project scope will be refined based on our discussions, and project milestones and a detailed project schedule will be established.
12. Project Management and Team Coordination Meetings
MIG will lead the team to manage the process to ensure the project remains on budget and schedule. This task accounts for MIG's project management, identifying milestones, regular invoicing, preparing a detailed task and engagement schedule, and budget management. MIG will prepare monthly status reports to identify work completed and upcoming tasks. For the duration of the project, the MIG project manager will conduct regular (biweekly) phone calls with City staff to ensure project coordination and to support close collaboration. These calls will allow the team to review project status, discuss issues and documents, and plan presentations. We will also conduct in -person or Zoom meetings; our scope assumes six progress meetings with City staff. This task also includes MIG sending Tribal consultation letters to comply with SB18 and A1352. Per statute, if any tribes request consultation, the City will be responsible for meeting with Tribal representatives and addressing their comments.
Task 1 Meetings and Deliverables
• Kick-off meeting agenda (electronic)
• Detailed project schedule (electronic)
• Monthly invoicing and status reports (electronic)
• Regular phone calls/ teleconferences
• Meetings with City staff (6)
TASK 2: PUBLIC ENGAGEMENT AND COMMUNITY OUTREACH
2.1: Community Engagement and Outreach Plan
MIG will prepare a brief Community Engagement and Outreach Plan that identifies the engagement strategy, the schedule of events, specific groups to be contacted, and the activities planned to solicit input.
In particular, community outreach will seek out and consider the viewpoints of hard -to -reach groups such as communities of color, low- and moderate- income residents, seniors, youth, limited -English proficient individuals, and people with disabilities. All community outreach material used for public engagement will be translated into Spanish.
2.2: Stakeholder Interviews and Focus Group Meetings
We plan to facilitate up to eight one-on-one interviews with stakeholders and up to six small focus group meetings that combine issues of concern related to zoning implementation, objective design standards, and environmental justice.
The eight one-on-one interviews shall be conducted back-to-back over two days within a public meeting room reserved by City staff. As needed and for flexibility, some interviews can be conducted in a digital format using Zoom or other City of Downey I General Plan, Specific Plan, and Zoning Code Amendments to Implement Housing Element Exhibit "A
Scope of Services
virtual meeting platform. We have budgeted for up to six focus groups to be attended by two MIG staff: one to lead the sessions and the second to take detailed notes. Two of the meetings will be conducted in person and up to four meetings will be facilitated digitally using Zoom or another virtual meeting platform. We will work with City staff to develop the list of participants. In particular, we will want to identify groups or persons representative of underserved populations, such as people with limited English -language skills, lower -income residents, and people living in neighborhoods with higher pollution burdens. MIG will prepare the invitations and a sample list of questions. The City will be responsible for contacting the invitees and confirming their participation, and for arranging for an interview room.
Following the interviews, we will prepare a summary that identifies the topics discussed and the discussion points,
2.1 Communications and Social Media Campaign
To keep the community abreast of housing implementation and environmental justice content and program progress, we will provide communications that the City can post on its website and push out to the community through existing social media channels. We will provide up to six social media posts and six sets of webpage materials, including handouts and flyers for posting on the City's website. All materials will be translated into Spanish.
2.4: Environmental Justice Community Survey
To gather input on community needs and identify pollution burdens, we will prepare an online community survey. The draft survey will be reviewed by the City before being uploaded to an online application available in both English and Spanish. Additionally, we will create a paper version of the survey to distribute at community meetings (Task 2.5) or to reach underrepresented populations in disadvantaged communities, Up to 100 paper surveys will be printed and manually entered into the online survey, After collecting responses, we will analyze the survey results and create a summary report.
2.5, Community Meetings
During the work program, we plan to conduct three community meetings. These meetings may be conducted in person as a traditional workshop at a community venue or as a pop-up event in concert with an established City event to reach audiences that do not typically attend City meetings. MIG will be responsible for developing the format and content of the meetings, preparing announcements, leading the events (with up to three staff members at each meeting), and creating meeting summaries. We will ensure that our content is easy to understand, even when it includes complex terminology. We will accomplish this by providing simplified explanations of any difficult concepts. To ensure inclusivity, all materials will be translated into Spanish, and one MIG staff member will be available to provide Spanish translation services during the meetings. City staff will be responsible for reviewing draft announcements and materials, advertising the events, securing meeting venues, arranging for refreshments, and assigning staff members to attend and assist in conducting the meetings,
We have planned three community meetings as part of the Housing Element Implementation Program. The first meeting will focus on introducing the program, which includes describing the amendments to the Zoning Code, creating new objective design standards, and preparing a new Environmental Justice Element, We will also be seeking community input on strategies to address their highest concerns. This meeting will be informative and interactive.
In the second meeting, we will introduce the zoning tools and approaches identified in the Housing Element Implementation Program, including key housing sites. Through an interactive process, we will also gather input from the community on identifying needs and priorities by geographic areas, including disadvantaged communities and neighborhoods citywide.
Finally, the third meeting will present the draft materials to the public, including proposed Zoning Code and specific plan amendments, policies, and initiatives under the Draft Environmental Justice Element.
We will also present Draft Zoning Maps and Land Use Maps. During this meeting, we will solicit feedback from the community on the proposed materials.
City of Downey I General Plan, Specific Plan, and Zoning Code Amendments to Implement Housing Element
Scope of Services
2.6: Planning Commission Study Sessions
We will facilitate two study sessions with the Planning Commission. The first will introduce the project and provide an opportunity for the Commission to provide direction and comments, and the second to review the draft Zoning Code amendments prior to formal public hearings. MIG will be responsible for creating each event structure, preparing materials to be presented, developing advertising materials for the City to disseminate, having up to two MIG staff at each event (whether in person or virtual), and preparing study session summaries.
Task 2 Deliverables
• Community Outreach Plan (electronic)
• Up to eight (8) one-on-one stake- holder in -person meetings or digital video meeting format • Up to six (6) focus group meetings through in -person and digital video meeting format • Social media (6) and website materials (6)
• Community Meeting and Study Session advertisement flyers (5) • Community Meeting PowerPoint presentation — draft and final (electronic) • Community Meeting Informative Display Boards (large prints) • Community Meeting summaries (electronic)
• Study Sessions PowerPoint presentation — draft and final (electronic) • Community survey (online and paper)
• Community survey summary (electronic)
TASK 3: GENERAL PLAN LAND USE ELEMENT UPDATE
3.1: Existing Land Use Map and Baseline Conditions Data Using various land use geographic information systems (GIS) data sources, we will prepare a parcel -specific existing land use map and calculate baseline numbers to serve as the basis for the existing conditions numbers used in Task 7 for the Programmatic Environmental Impact Report and vehicle miles traveled (VMT) analysis. The numbers will be aligned with the California Department of Finance 2023 housing and population estimates for consistency and accuracy. The baseline conditions analysis will include all parcels in the City and identify 2023 baseline numbers for housing units, households, population, non-residential building square footage, and employees.
3.2: Draft Land Use Element
We will comprehensively update the Land Use Element to reflect policy direction set forth in the 2021-2029 Housing Element. MIG will prepare new modernized and concise text, identify development opportunity areas consistent with the Housing Element and beyond, and develop new goals and policies to address other factors and challenges confronting Downey. New graphics, illustrations, and internal maps will ensure easy comprehension of key and hard - to -understand concepts. We will prepare an Administrative Draft Land Use Element, in concert with subtask 3.3, and allow for two rounds of review. City staff will consolidate all of their comments in a single, resolved document using Word's track -changes function. Based on staff feedback and revisions, we will prepare the Public Review Draft Land Use Element.
3.3: Draft Land Use Map and Future Growth Projections
Using the City's currently adopted General Plan Land Use Map, we will prepare an entirely new map with revisions identified in the 2021-2029 Housing Element Implementation Plan. Based on this map, we will create a detailed table to calculate future growth projection (buildout) numbers to ensure consistency with the RHNA for the City and other Land Use Map changes, as identified by City staff. The future growth projection numbers housing units, households, population, non-residential building square footage, and employees. We will include the assumptions and the model City of Downey I General Plan, Specific Plan, and Zoning Code Amendments to Implement Housing dement 3
Scope of Services
formulas to calculate future numbers. The numbers will serve the project change that the EIR will analyze in Task 7.
This subtask assumes two rounds of review forthe General Plan Land Use Map and growth projections summary table.
Task 3 Deliverables
• Existing land use map (electronic)
• Existing conditions summary table (electronic)
• Administrative Draft Land Use Element
• Public Review Draft Land Use Element
• Draft Land Use Map (electronic)
• Future growth projection (build- out) summary table (electronic) TASK 4: FOCUSED ZONING CODE AND SPECIFIC PLAN AMENDMENTS
4.1: Assessment Memorandum and Outline
MIG will prepare an assessment memorandum to outline options for addressing the Housing Element- related zoning and specific plan amendments. We will meet with City staff to discuss the memorandum.
Based on direction from staff, we will prepare an outline of the new zoning provisions to be created, also indicating where they will be included in the Zoning Code. Additionally, we will make recommendations to amend or rescind existing specific plans. We will review the Downtown Downey Specific Plan, Stonewood Specific Plan (SP 89-1), Downey Landing Specific Plan, and Florencel1-5 Specific Plan (SP 90-1). The memorandum will highlight recommended changes to the specific plans and recommended revisions to conform with the 2021-2029 Housing Element. This scope and budget assume revisions to the Downtown Downey Specific Plan and Downey Landing Specific Plan and rescinding the Stonewood Specific Plan and Florencel1-5 Specific Plan (to be replaced with standard zoning designations). The outline and memorandum will partly be the foundation of materials to be presented at the public workshop.
4.2: Administrative Draft Code Amendments
This task includes the steps necessary to produce the administrative review draft of the targeted Zoning Code amendments based on the 2021-2029 Housing Element Implementation Program direction and as identified in the Request for Proposals. The Administrative Draft Zoning Code amendments will be prepared as individual chapters and/ or sections, and will be provided to staff in this manner to allow for timely, focused feedback. We have budgeted for two rounds of review: first and second administrative drafts. City staff will provide all comments to the MIG Team using Word's track- changes function with all comments consolidated into a single document. MIG will provide graphics with the second administrative draft. Please note that we will not be preparing a legislative (redline) version of the current Zoning Code to indicate the amended language. The following code amendments will be made: Zoning Code Revisions to Address Housing Element Sites Inventory and Development Standards • Establish a new Corridor Residential Overlay Zone along key corridors and set a minimum residential density of 30 dwelling units per acre. Consider applying this zone to non -industrial, non -Single -Family Residential (R- 1) Zoned properties located within six key commercial corridors, and allow residential development by right.
Applying this new zone may include properties beyond what is identified in the 2021-2029 Housing Element. • Create a new Mixed -Use Zone to implement the General Plan and set a minimum residential density of 30 dwelling units per acre. We will work with City staff to explore establishing a maximum density upwards of 50 units per acre and potentially higher.
• Revise the Multiple -Family Residential (R-3) Zone to a maximum residential density of 40 dwelling units per acre.
City of Downey I General Plan, Specific Plan, and Zoning Code Amendments to Implement Housing Element
Scope of Services
• Revise residential development standards, including minimum lot area requirements and building height limits in the R-3 Zone and minimum unit sizes for all residential development. • Update development standards for multifamily projects to remove the Site Plan Review requirement and allow for this review to be completed administratively without discretionary approval. Currently, the Site Plan review only applies to developments in the R-3 Zane; this action will remove that requirement for all residential uses in the R-3 Zone.
• Update off-street parking requirements for multifamily units to better reflect demonstrated need and take into account unit sizes and number of bedrooms. As part of the update, modify or remove garage requirements for multifamily units to ensure that parking is not a constraint, particularly for studio and one -bedroom units. • Adopt additional incentives for projects that include lot consolidation as a way of adding more residential units to a project.
• Identify and codify incentives to encourage development of residential uses in areas with the new residential overlay and mixed -use zone.
Zoning Code Revisions to Address Special Needs Population Requirements • Revise the permit processing procedure for group homes for seven plus clients to ensure that these uses are treated objectively, do not discriminate against persons with disabilities, and provide approval certainty for Dousing for persons with disabilities.
• Ensure the Zoning Code defines supportive and transitional housing as residential uses. • Prepare and/or revise a Reasonable Accommodation code section. • Amend the Zoning Code to define employee housing and to clarify that employee housing serving six or fewer employees shall be deemed a single-family structure and shall be subject to the same standards for a single- family residence in the same zone consistent with the Employee Housing Act. • Amend the Zoning Code to allow development of emergency shelters in the M-2 Zone instead of the H-M Zone and make the following changes tothe zoning code consistentwith State law (Government Code Section 65583.(a)(4));
• Change the City's distancing requirement for emergency shelters; • Remove the requirements for criminal background of staff at emergency shelters; • Modify or remove the parking requirements related to spaces per beds to reflect sufficient parking to accommodate all staff, provided that the standards do not require more parking for emergency shelters than for other residential or commercial uses within the same zone; and • Adjust hours of operation and curfew times to ensure compliance with State law. • Modify and/or replace the Zoning Code definition of "family." • Review the Zoning Code to make any necessary changes to ensure compliance with the Supportive Housing Streamlining Act (AB 2162) and AB 101 (Low -Barrier Navigation Centers).
We will complete the first administrative draft of each chapter for City staff review; then conduct a meeting with staff to discuss the revisions before producing the second administrative draft.
4.3: Public Review Draft Code Amendments
Following the public workshop and first Planning Commission study session, we will meet with City staff to determine which additional revisions should be incorporated into the draft code amendments for broader public review. We will make the revisions to produce the Public Review Draft Zoning Code Amendments. This will be the version subject to CEQA review and public hearings. As described above in Task 2.6, we will conduct a study session with the Planning Commission before public hearings to help identify any additional changes that may be desired and addressed in the public hearing staff report to be prepared by City staff.
City of Downey I General Plan, Specific Plan, and Zoning Code Amendments to Implement Housing Element
Scope of Services
4.4: Specific Plan Amendments
Based on the evaluation of the existing specific plans and recommended approaches identified in subtask 4.1, we will make amendments to the following specific plans. We assume the City will provide us with editable versions of the specific plans to be modified (Word or InDesign).
• Downtown Downey Specific Plan. Remove the Site Plan process review for mixed -use developments.
Require only an administrative review for stand-alone residential projects orcommercial uses with a residential component. Our budget assumes two rounds of review.
• Downey Landing Specific Plan. Incorporate the allowance of multifamily residential and mixed uses, with accompanying development standards to allow up to 851 housing units, consistent with the 2021-2029 Housing Element. We will incorporate new maps, conceptual diagrams, graphics, and tables to illustrate new residential uses. Our budget assumes two rounds of review. • Stonewood Specific Plan (SP 89-1). Consider rescinding the Stonewood Specific Plan and applying a new mixed -use land use designation (Land Use Element and Map) and mixed -use zone (Zoning Code and Zoning Map) that allow up to 874 housing units, consistent with the 2021-2029 Housing Element. Consider requiring a future specific plan or overlay to guide future growth and development of this crucial mall site.
4.5: Draft Zoning Map
MIG will first prepare a matrix showing a correlation between current zones and new land use designations. This matrix will be used to create a map in GIS identifying which properties require rezoning to implement land use policy. Most of the parcels shown as inconsistent will be assigned to one of the new zones. However, in other cases, City staff may need to identify the proper zone to apply. We will ask City staff to review and mark up the map produced and indicate the appropriate new zones. We will work with staff to review edits and will produce an Administrative Draft Zoning Map for further City review. Based on additional revisions, we will create a Draft Zoning Map for public hearings.
We anticipate that many properties will need to be rezoned to achieve General Plan Consistency or fix longstanding General Plan/zoning inconsistencies. Under State law, if more than 800 properties are affected, individual notice to individual property owners is not required. Instead, the City may elect to place a one -eighth page notice in the newspaper. We want to discuss options for public notice. This task is not included in our budget, so the city may wish to establish a contingency for this task and other not yet scoped.
4.6: Fiscal Impact Analysis
The Natelson Dale Group (TNDG) will conduct an analysis of the potential fiscal impacts associated with repurposing selected commercial areas with residential development. They will conduct the following:
Background/Project Orientation. Review relevant background documentation on the proposed project.
Meet with MIG and City staff to review and refine work scope, request follow-up documentation, etc.
Assumptions for Future Commercial Development (under the baseline/existing zoning scenario). In consultation with MIG, identify the types of commercial uses that would be allowed in the plan area under current zoning and Genera[ Plan designations. Based on the existing zoning, TNDG would define a future commercial development mix (including existing development and any new commercial development that would occur if existing zoning remained in place) for the areas under consideration. The assumed commercial development program would be "tested" for viability through a focused market analysis using TNDG's proprietary retail demand forecasting model.
Residential Sales Price and Rent Assumptions (basis for property tax forecasts). Using the residential project description prepared by MIG (for purposes of the CEQA process), derive assumptions about the amounts, densities and types of new housing projected within the plan area. Conductfocused market research to forecast potential housing values (sales prices and rents) forthe subject site. These pricing forecasts would be inputs to the fiscal impact analysis (for calculating the property tax base).
City of Downey I General Plan, Specific Plan, and Zoning Code Amendments to Implement Housing Element
Scope of Services
Comparative Fiscal Impact Analysis: Fiscal Revenue Projections —Baseline (Commercial) Development Scenario. Develop projections of recurring City revenues that would be generated by future commercial development that would occur in the study area underthe baseline zoning scenario. The following revenue sources would be considered: sales taxes, property taxes, business license fees, utility franchise fees, other annually -recurring General Fund revenues.
Fiscal Revenue Projections — Residential Development Scenario. Utilizing the development value and absorption projections estimated above, develop projections of recurring City revenues that would be generated by future residential development in the plan area. The following revenue sources would be considered: sales taxes (from resident spending within the City), property taxes, business license fees, utility franchise fees, and other annually -recurring General Fund revenues.
Fiscal Cost Projections. To provide a balanced view of potential impacts, TNDG's analysis will consider City costs as well as revenues. The following municipal cost impacts would be evaluated for both land use scenarios: police protection; fire protection; public works maintenance; parks, recreation and community services. The cost impacts would be based on standard per -capita I per -employee factors derived from an analysis of the City's current General Fund budget.
Task 4 Deliverables
• Assessment memorandum and outline (electronic)
• Administrative Draft Zoning Code amendments (electronic) • Draft Downtown Downey Specific Plan revisions (electronic) • Draft Downey Landing Specific Plan revisions (electronic) • Public Review Draft Zoning Code amendment (electronic) • Zoning Map (electronic)
• Draft Fiscal Impact Report
• Final Fiscal Impact Report
TASK S: OBJECTIVE DESIGN STANDARDS
5.1; Objective Design Standards Approach and Outline
MIG will prepare an assessment memorandum to understand the existing location of multifamily and mixed -use residential design standards and guidelines and to outline permitting approach options consistent with State law.
Through the use of a matrix, we will identify and evaluate any existing multifamily and mixed -use residential design standards or guidelines and determine if such standards or guidelines should be revised and transferred to the draft Objective Design Standards section under subtask 5.3.
5.2: Administrative Draft Objective Design Standards
We will prepare draft objective design standards to ensure that the City can provide local guidance on design and standards for by -right projects as allowed by State law, The adoption of objective design standards will facilitate high -quality residential development and compliance with State objectives. The objective design standards will ensure provision of quality architectural and community design features that are objective, The Administrative Draft Objective Design Standards will include graphics and illustrations to help convey complicated design standards. City staff will provide all comments to the MIG Team using Word's track -changes function with all comments consolidated into a single document.
City of Downey I General Plan, Specific Plan, and Zoning Code Amendments to Implement Housing Element
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5.3: Public Review Draft Objective Design Standards
Based on City staff comments on the administrative draft, we will produce the draft Objective Design Standards for public review.
Task 5 Deliverables
• Objective Design Standards Approach and Outline
• Administrative Draft Objective Design Standards
• Public Review Draft Objective Design Standards
TASK 6: ENVIRONMENTAL JUSTICE ELEMENT
6.1: Environmental Justice Technical Report
To establish the baseline for the Environmental Justice Element, MIG will conduct a comprehensive analysis regarding environmental pollution exposure and social characteristics, Using CalEnviroScreen 4.0 and other available resources, we will identify disadvantaged community indicators and percentile scoring within the city. We will research the social, economic, and pollution data sets.
We will review other environmental and health databases and resources to identify indicators measuring citywide inclusivity and equity, as well as underlying socio-economic variables, including home- purchasing power, unemployment rate, educational attainment, and poverty level. The background information will be consolidated into a report with a text summary and map information. The report will not exceed 30 pages and will include up to 12 maps.
The report will be submitted electronically to the City for staff review. The City will be responsible for collecting all staff comments into a single document using Word's track -changes function. This scope and budget assume one round of comments. MIG will incorporate these comments into the Environmental Justice Element.
6.2: Administrative Draft Environmental Justice Element Based on the analysis in subtask 6.1, we will create the framework for the Environmental Justice Element for approval by City staff. We anticipate that policy will focus on strategies to reduce pollution exposure and environmental burdens affecting certain populations and/or geographic areas, together with improving air quality and minimizing impacts on sensitive population groups. New policies and programs will address the prioritization of community needs within certain neighborhoods that scored high underthe CalEnviroScreen 4.0 analysis conducted in subtask 6.1. From the framework we will prepare a complete administrative draft element for City review. The City will be responsible for collecting all staff comments into a single document using Word's track -changes function from which MIG will revise the administrative draft and complete the draft Environmental Justice Element for public review (see subtask 6.3).
6.3: Public Review Draft Environmental Justice Element
Based on staffs comments on the administrative draft, we will produce the draft Environmental Justice Element for public review.
Task 6 Deliverables
• Environmental Justice Technical Report
• Administrative Draft Environmental Justice Element (electronic) • Public Review Draft Environmental Justice Element (electronic) City of Downey I General Plan, Specific Plan, and Zoning Code Amendments to Implement Housing Element
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TASK 7: PROGRAMMATIC ENVIRONMENTAL IMPACT REPORT
The General Plan, Specific Plan, and Zoning Code Amendments to implement the 2021-2029 Housing Element (the "project") requires compliance with the California Environmental Quality Act (CEQA). The City, as the lead agency under CEQA, will prepare a programmatic environmental impact report (EIR) because the project proposes general land uses rather than specific development plans on specific sites. Therefore, the EIR must be programmatic rather than project -specific according to State CEQA Guidelines (SCG) Section 15168.
7.1: EIR Initiation
Once the project has a conceptual land use plan and the changes to the zoning and Specific Plan documents and maps are known, MIG environmental staff will conduct a Zoom meeting with City staff to confirm the documents and project information needed to prepare and process the EIR. This meeting will also be an opportunity to discuss key project issues and concerns, establish communication protocols, and review the project schedule. Key issues with respect to schedule will include a working description of the project text and graphics.
7.2: Notice of Preparation/Scoping
MIG will prepare a Notice of Preparation (NOP) in accordance with the State CEQA Guidelines to announce the City's determination that a Programmatic Environmental Impact Report (PEIR) will be prepared, and to request comments concerning the scope and nature of issues to be addressed in the EIR. The City already acknowledges it will prepare an EIR for this project so MIG proposes not to prepare an Initial Study prior to preparing a comprehensive EIR, as allowed under SCG Section 15060. Release of the NOP will initiate a 30-day public review and comment period. MIG will address written comments raised related to potential environmental impacts raised through the NOP in the EIR. 7,3: Technical Studies
MIG staff will utilize information from the traffic impact assessment and Vehicle Miles Traveled (VMT) studies prepared by Ganddini Group to help prepare other technical studies. MIG assumes that, due to the developed condition of the City in general, no focused studies of biological or cultural resources will be needed; although summary information will be provided in the appropriate EIR sections. Since this is a programmatic EIR, MIG does not anticipate having detailed hydrology, grading, or specific site development information or reports. We will prepare the following technical reports:
a. Air Quality Analysis
b. Greenhouse Gas Emissions/Energy
C. Noise/Vibration Impact Analysis
d. VMT Studies
7.4: Draft Programmatic Environmental Impact Report (EIR) MIG will prepare a comprehensive Screencheck Draft EIR that provides a thorough and objective analysis of the potential environmental impacts identified in the State CEQA Checklist and will contain all of the sections required according to the State Guidelines. Three alternatives will be developed and evaluated, including the CEQA-required No Project Alternative. Following City staff review, MIG will prepare the Draft EIR for public review. MIG will prepare a Notice of Completion (NOC) and related forms for electronic submittal to the State Clearinghouse, as well as a Notice of Availability (NOA) to be transmitted to other government and quasi -governmental agencies, special interest groups, and interested persons. Circulation of the Public Review DEIR will initiate a mandatory 45-day public review period as required by CEQA.
7.5: Response to Comments/Final EIR
Following the public review period, MIG will prepare a Response to Comments/Final EIR (RTCIFEIR) that will include written responses to comments, addressing such comments with a reasoned analysis of issues raised. The RTCIFEIR document will include: the comments on the DEIR and the responses to such comments (as discussed above), a list City of Downey I General Plan, Speck Plan, and Zoning Code Amendments to Implement Housing Element
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of entities commenting on the DEIR, and an erratum to address corrections and clarifications to the DEIR. Technically under CEQA, the DEIR is also considered to be part of the Final EIR, although it is maintained as a separate volume.
A Mitigation Monitoring Reporting Program (MMRP) is also included in this task and can be provided as part of the FEIR document, or as a separate document prior to the commencement of public hearings.
7.6: Findings of Fact and Statement of Overriding Consideration Pursuant to Section 15091 of the State CEQA Guidelines, the City must make specific findings regarding Project impacts, MIG will also prepare a Statement of Overriding Considerations (SOC) if there are any unavoidable significant impacts and if the City determines that there are specific economic, social, or other considerations that override any unmitigated environmental effects. Within five days of Certification of the EIR, MIG will prepare and file the Notice of Determination (NOD) with the County Clerk and the State Clearinghouse. It is assumed that the City will pay for any filing fees, including California Department of Fish and Wildlife fees.
7.7: Notice of Determination
Within five days of Certification of the EIR, MIG will prepare and file the Notice of Determination (NOD) with the County Clerk and the State Clearinghouse. It is assumed that the City will pay for any filing fees, including California Department of Fish and Wildlife fees.
7.8: Project Management/Meetings
MIG will hold up to six total meetings with City staff and other members of the project team. The EIR project manager will attend up to four public hearings.
Task 7 Deliverables
• Screencheck Draft IS/MND (electronic)
• Public Draft ISIMND (electronic)
• Notice of Intent to Adopt an EIR (electronic)
• Draft Comments and Response Document (electronic)
• Final Comment and Response Document (electronic)
• MMRP — If required (electronic)
• Notice of Determination (electronic)
TASK 8: PUBLIC HEARINGS AND FINAL DOCUMENTS
8.1: Public Hearing Attendance
We have budgeted for four public hearings: two each with the Planning Commission and City Council, City staff will be responsible for public notices. MIG will prepare PowerPoint presentations for the hearings, We will submit the PowerPoints electronically to City staff for review priorto each hearing. Two MIG staff will attend each hearing, inclusive of our CEQA project manager. MIG will assist City staff in responding to any public or agency comments. Comments from the Planning Commission and City Council will be captured in a public hearings matrix to be reviewed with City staff. City staff will be responsible for public notices, staff reports, and resolution materials associated with the environmental documentation and Zoning Code amendments.
8.2: Final Documents and Maps
MIG will prepare the final versions of the Zoning Code amendments, including the objective design standards, specific plan(s), Environmental Justice Element, and land use and zoning maps based on comments from the Planning Commission and City Council public hearings. We have provided an allowance for this task since the scope of directed changes cannot be known at this time.
City of Downey I General Plan, Specific Plan, and Zoning Code Amendments to Implement Housing Element 10
Scope of Services
Task 8 Deliverables
• Hearings presentation materials — PowerPoint
• Final Documents and Maps (Word, PDF, and GIS files)
City of Downey I General Plan, Specific Plan, and Zoning Code Amendments to Implement Housing Element
General Plan, Specific Plan and Zoning Code Amendments to Implement the 2021-2029 Housing Element City of Downey
MIG, Inc. City of Downey General Plan, Specific Plan and Zoning Code Aments to Implement 2021-2029 Housing Element � Fee Proposal
Housing Element Implementation Programs
PROGRAM 1.1: ADEQUATE SITES
Site Rezoning
The RHNA shortfall to be addressed for the 2021-2029 planning period is 839 units in the very low income category, 670 units in the low-income category, 719 units in the moderate -income category, and 1,668 in the above moderate -income category. The City will make available sites to accommodate the RHNA shortfall by:
• Completing General Plan and Zoning Code amendments to increase the allowable residential density in the Medium Density Residential (MDR) General Plan designation and R-3 zone from 18-24 units per acre to 18-40 units per acre. The sites inventory includes 24.5 acres of MDR/R-3 sites.
• Completing a land use and zone change to APN 6232-020-004 from Low Density ResidentiallR-1 to High Density ResidentiallR-3.
• Adopt an implementing zone and development standards for the Mixed -Use General Plan designation that will allow residential development at a density of at least 30 units per acre. The sites inventory includes 7.78 acres of mixed -use sites. • Adopt a residential overlay zone that will allow high -density housing development at a density of at least 30 units per acre along key City corridors and allows residential development as a by right use. The overlay zone will apply to non- industrial, non-R-1 zoned properties located in key areas of six key commercial corridors identified on attached Exhibit A to this Scope of Work as well as one stand-alone property (APN 6283-001-035). While the overlay applies to non- industrial, non-R-1 zoned properties located in key areas of six key commercial corridors identified on Exhibit A specific sites totaling 49.4 acres have been chosen for the Housing Element consistent with State law.
• Add a residential component to three key specific plan areas with densities of at least 30 units per acre. The residential component will be implemented by a residential or mixed -use overlay or by amending or rescinding the governing specific plans. The sites inventory includes three non-residential specific plans.
The 839 very low- income and the 670 low-income RHNA shortfall units are subject to the requirements of Government Code 65583.2(h) and (i)). Consistent with the requirements of Government Code 65583.2(h) and (i), the sites rezoned will allow owner -occupied and rental multifamily residential uses "by -right" for developments in which at least 20 percent of the units are affordable to lower income households. The sites will have capacity for at least 16 units per site at a density of at least 20 units per acre and at least half of the very low- and low-income housing need will be accommodated on sites designated for residential use and for which nonresidential uses or mixed -uses are not permitted. The sites inventory shows that not enough identified capacity exists on sites designated Attachment "B"
exclusively for residential use. Thus, the very low- and low-income RHNA shortfall will be accommodated on sites designated for mixed use, with land use regulations that allow stand-alone residential uses and require that at least 50 percent of the total floor area of mixed -use projects have a residential use.
PROGRAM 1.3: LAND USE POLICY CHANGES
Amend the General Plan Land Use Element to: 1) establish the Medium Density Residential designation density range at 18.0 to 40.0 units per acre, 2) establish a new Residential Overlay designation with a minimum density of at least 30 units per acre, and 3) ensure land use policy discussion reflects these two changes and direction to allow housing along specified corridors and within specified specific plan areas.
In the Zoning Code and/or Specific Plans:
o Amend regulations for the Medium Density (R-3) zone to allow up to 40 units per acre and adjust development standards accordingly. o Amend the Zoning Code to include a Residential Overlay that allows a minimum density of 30 units per acre and allows residential development as a by -right use. Apply the Residential Overlay to all non -industrial properties located along commercial corridors identified in the sites inventory. Require a minimum density of 30 units per acre in residential and mixed -use developments.
o Amend the Stonewood Center, Downey Landing, and Florence/1-5 Specific Plans to allow housing at a density of at least 30 units per acre on properties identified in the sites inventory. For sites that are identified to meet the very low- and low-income RHNA shortfall, development standards in the Specific Plans will allow stand-alone residential uses and require that 50 percent of the total floor area of mixed -use projects have a residential use. As an option to amending the Specific Plans, the City may consider rescinding one or more of the plans and applying the appropriate residential zones or overlays to sites identified in the sites inventory needed to meet the RHNA shortfall.
a Create a new zone and development standards to implement the General Plan Mixed -Use designation. Adopt standards that allow for a minimum density of at least 30 units per acre, including parking. For sites that are identified to meet the very low- and low income RHNA shortfall, development standards will allow stand-alone residential uses and require that 50 percent of the total floor area of mixed -use projects have a residential use.
o To increase development opportunities, identify opportunities to apply the Mixed -Use zone to other locations for future mixed-use/residential development, while considering appropriate jobs/housing balance and fiscal impacts. Pursuant to AB 1397, amend the Zoning Ordinance to require by- e
right approval of housing development that include at least 20 percent of the units as housing affordable to lower -income households. These provisions will apply only to sites being used to meet the sixth cycle lower - income RHNA that were previously identified in the fourth and fifth cycle Housing Elements as housing sites. These "reuse" sites are specifically identified in the Housing Element.
o Identify and codify incentives to encourage development of residential uses in areas with the new Residential Overlay and Mixed -Use zone. Incentives will include deferring fees specifically for lot consolidation, providing flexible development standards such as setback requirements, reduced/adjusted parking options and increased heights, lot coverage or floor area ratio. o Revise residential developments standards including minimum lot area requirements and building height limits in the R-3 zoning district and minimum unit sizes for all residential development.
o Update development standards for multi -family projects to remove the Site Plan Review requirement and allow for this review to be completed administratively without discretionary approval. Currently, the Site Plan review only applies to developments in the R-3 zone and this action will remove that requirement for all residential uses in the R-3 zone. o Update off-street parking requirements for multi -family units to better reflect demonstrated need and take into account unit sizes (bedrooms). Ensure that parking is not a constraint especially for studio and one -bedroom units. • Resolve General Plan and Zoning Ordinance inconsistencies in residential land use designations.
• Explore additional opportunities to expand residential development in the City, including, but not limited to, the Florence Avenue/1-5 Specific Plan (90-1).
PROGRAM 1.5: DENSITY BONUS
Update the City's density bonus ordinance to remain in compliance with Government Code §65915. Enhance its applicability for the Downtown, Stonewood, Downey Landing, and Florence/1-5 Specific Plans. Consider providing additional incentives to developers to encourage use of the density bonus.
PROGRAM 1.8: REPLACEMENT OF UNITS ON SITES
Enact ordinance prohibiting the approval of a housing development project that will require the demolition of residential dwelling units regardless of whether the parcel was listed in the inventory unless a) the project will create at least as many residential dwelling units as will be demolished, and b) certain affordability criteria are met.
PROGRAM 2.1: SPECIAL NEEDS HOUSING
Provide housing opportunities to meet the needs of special needs residents —including seniors, residents with disabilities and developmental disabilities, large families, extremely low-income households, and those experiencing homelessness —by giving priority to development projects that include a component for special needs groups in addition to other lower -income households. Expand incentives available to senior housing to all special needs housing types, including reduced parking standards and unit sizes, increased height allowances, and maximum lot coverage. Provide additional regulatory incentives and concessions to projects targeted for special needs groups. Encourage developers of single-family dwellings to incorporate universal design and/or °visitability" improvements.
PROGRAM 2.7: ADDRESS HOMELESSNESS
Implement the City's Plan to Prevent and Combat Homelessness, which includes the following goals:
• Ensure the Zoning Code defines supportive and transitional housing as residential uses.
PROGRAM 2.12: REASONABLE ACCOMMODATION FOR PERSONS WITH
DISABILITIES
Adopt a Reasonable Accommodation Ordinance as required by State law PROGRAM 3.1: LOT CONSOLIDATION
Encourage lot consolidation of smaller parcels to accommodate larger residential and mixed -use development projects on vacant and/or underutilized sites through provisions in the Zoning Code. As part of the General Plan and Zoning update, adopt additional incentives for projects that include lot consolidation as a way of adding more residential units to a project. Incentives will include deferring fees specifically for consolidation, providing flexible development standards such as setback requirements, reduced/adjusted parking and increased heights, lot coverage or floor area ratio.
PROGRAM 3.3: OBJECTIVE DESIGN STANDARDS
Adopt objective design standards to ensure that the City can provide local guidance on design and standards for by -right projects as allowed by State law. Adoption of objective design standards will facilitate high -quality residential development and compliance with State objectives. The objective design standards will ensure provision of adequate private open space, parking, and related features, as well as architectural design. 4 PROGRAM 3.5: SPECIAL NEEDS HOUSING LAW
• Amend the Zoning Code to define employee housing and to clarify that employee housing serving six or fewer employees shall be deemed a single-family structure and shall be subject to the same standards for a single-family residence in the same zone consistent with the Employee Housing Act.
• Amend the Zoning Code to allow development of emergency shelters in the M-2 zone instead of the H-M zone and make the following changes to the zoning code consistent with State Law (Government Code Section 65583(a)(4)):
o Change the City's distancing requirement for emergency shelter o Remove the requirements for criminal background of staff at emergency shelters,
o Modify or remove the parking requirements related to spaces per beds to reflect demonstrated need, provided that the standards do not require more parking for emergency shelters than for other residential or commercial uses within the same zone, and,
o Adjust hours of operation and curfew times to ensure compliance with State law.
• Review the Zoning Ordinance and other pertinent documents such as Specific Plans to make any necessary changes to ensure compliance with the Supportive Housing Streamlining Act (AB 2162) and AB 101 (Low -Barrier Navigation Centers).
PROGRAM 3.6: DEFINITION OF FAMILY
As part of the General Plan and Zoning update, Modify/replace the Zoning Ordinance definition of "family" to ensure it does not exclude allowed uses and is inclusive/nondiscriminatory. Modify/replace the definition as appropriate.
PROGRAM 5.2: AFFIRMATIVELY FURTHERING FAIR HOUSING
Adopt an Environmental Justice Element with a focus on identifying steps that can be taken to address Census Tracts with a "Disadvantaged Community" designation and environmental issue identification and actions.
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