250 East 1st Street, Suite 1400
Los Angeles, California 90012
213-788-4842
w w w . r i n c o n c o n s u l t a n t s . c o m
November 22, 2022
Sunayana Thomas, Interim Community Development Director City of Fullerton Community and Economic Development Department 303 West Commonwealth Avenue
Fullerton, California 92832
Subject: City of Fullerton 6th Cycle Housing Element Update Dear Ms. Thomas:
Rincon Consultants, Inc.
Rincon Consultants is pleased to submit this proposal to assist the City of Fullerton with planning services to support the 6th Cycle Housing Element update. We have assembled a team of highly skilled planning and housing professionals with extensive experience with both the technical and policy aspects of Housing Element updates and General Plan requirements. We are proud of our team’s ability to work effectively with City staff, decision-makers, and the California Department of Housing and Community Development to develop innovative approaches and solutions to prepare a substantially compliant Housing Element.
The scope of work described below is based on Rincon’s experience preparing 6th Cycle Housing Element updates for multiple jurisdictions, taking into account a reasonable, likely course of action. Unforeseen or unusual circumstances that may occur could alter the scope of work and require additional coordination, data gathering, and analysis. Rincon cannot guarantee the response of the decision-making agencies or the outcome of their actions. This scope of work is not intended to offer or constitute legal advice. It is recommended that you consult the City Attorney regarding any legal questions related to the City’s ongoing litigation.
Project Understanding
Rincon has participated in ongoing discussions with City staff regarding the status of the 6th Cycle Housing Element, Safety Element, Environmental Justice policies, and documentation related to the California Environmental Quality Act (CEQA). The City has retained a consultant (Dudek) to create a Housing Incentive Overlay Zone (HIOZ) and prepare the related CEQA documentation and, as such, these tasks will not be included in Rincon’s scope of work. However, it is Rincon’s understanding that occasional communication may need to occur with Dudek to maintain consistency between the updates to the Housing and Safety Elements and the HIOZ and related CEQA documentation.
The following highlights our scope of work:
• Updates to the Housing Element per recommendations outlined in draft 6th Cycle Housing Element Assessment Memorandum (dated January 27, 2022)
• Preparation of the required environmental documents to support the project (not inclusive of the HIOZ) • Additional project management and coordination time to attend weekly check-ins, working sessions with HCD staff, the Planning Commission and/or City Council, and other activities to support successful completion of the project
• Augments to the Safety Element to address recent legislative updates • Preparation of Environmental Justice policies to address recent legislative updates Enclosed is a scope of work that describes scope of work services, followed by a cost estimate, and a project schedule. Rincon’s scope of services is fully negotiable to ensure the proposal meets the City’s needs for this work effort.
City of Fullerton
Fullerton Housing Element and General Plan Update
Rincon Consultants, Inc. Page 2
Scope of Work
Task 1 Project Management
Rincon will provide additional project management support including weekly calls, working sessions, quality control and regular team check ins. The expanded scope of work is described in further detail below.
Task 1.1 Project Coordination, Administration, and Biweekly Calls As part of this task, the Rincon team will conduct virtual biweekly check -in conference calls with city staff to proactively identify project issues, identify potential solutions and coordinate with the team and City staff on the best course of action. Biweekly calls will also include updates on tasks and project schedule and. Rincon will prepare a detailed project schedule to be used throughout the life of the project, highlighting key milestones and work product delivery dates and will coordinate with team members, including Dudek, for internal consistency between the Housing Element update and the HIOZ rezone program and related CEQA documentation.
Assumptions
• Rincon’s Project Manager and Senior Planner will attend each meeting. Depending on meeting agenda topics, another Rincon team member (e.g., CEQA Project Manager, General Plan amendment Project Manager) with an equivalent billing rate may attend in lieu of the Senior Planner. • Rincon will attend up to 56 biweekly meetings. Meetings with Dudek and any other external parties are included in this this task. Rincon staff may attend additional meetings with approval of a scope amendment.
Deliverables
• Attendance at up to 56 half-hour biweekly calls, along with brief agendas and action items/assignments • Monthly invoices
Task 2 Housing Element Update
Rincon will revise the City’s draft 6th Cycle Housing Element, building on work already completed for the City by the previous consultant team, comments from the public, and letters from HCD dated January 27, 2022.
The schedule provided is dependent on the ability to use the prepared draft Housing Element files and document resources. Significant modifications to components of the Housing Element will increase the timeframe and budget required to complete all tasks.
Task 2.1 Data Gaps Analysis
Rincon will review and assess the existing draft Housing Element, associated technical information, data available from regional and state governments, and other pertinent information related to the preparation of the City’s draft Housing Element in accordance with HCD guidance to identify data gaps. Rincon will submit a data request to the City. Once the assessment has been completed and the requested data received, we will provide a memo summarizing our findings and strategies for data collection, if needed.
Assumptions
• The City will verify that provided data is current or was used for the preparation of the draft Housing Element update prior to delivering to Rincon.
Deliverables
• List of data needs
• Memo summarizing data gaps, data provided by City staff and strategy for collecting additional data needed.
Task 2.2 Revise Housing Needs Assessment
Rincon will revise the existing Housing Needs Assessment consistent with State Housing Element law, HCD’s Completeness Review Checklist, and HCD’s comment letter. Anticipated new data may include additional discussion on fair housing, previous outreach efforts, and organized goals. Rincon will review existing data and collect new data as needed. Rincon anticipates up to one round of City review of the updates to the revised Housing Needs Assessment. Rincon will revise the Housing Element to analyze the characteristics and magnitude of groups with special housing needs as required by HCD, as directed by HCD’s comment letter, including extremely low-income households, farmworkers, large households, and persons experiencing homelessness. Programs and policies will be designed to address findings of the analysis.
Deliverable
▪ Revised Housing Needs Assessment, and findings incorporated into other relevant sections (Housing Plan)
Task 2.3 Revise Housing Resources and Site Inventory
Rincon will revise the Housing Resources section and the Site Inventory, consistent with State Housing Element law, HCD’s Completeness Review Checklist, and HCD’s comment letter. The scope of this task assumes that Rincon’s efforts will largely be focused on supporting through data and additional supporting analysis the site inventory selection in the current draft Housing Element prepared by the previous consultant. If the site inventory requires significant revision, including the identification of additional or replacement sites, the scope, budget, and schedule will need to be revaluated. The site inventory assumptions must also be coordinated with the City’s proposed rezone program (including the proposed HIOZ) and environmental analysis (CEQA) assumptions. Programs to promote ADU development and residential development on selected sites may need to be added accordingly. Rincon anticipates up to one round of City review of the updates to the revised Housing Resources section, figures, and the site inventory.
Given HCD’s comments and Rincon’s assessment of the draft Housing Element, revision is needed for the following areas:
• Approved and Pending (Pipeline) Projects. A complete and current list of pipeline projects and pertinent information (approval dates, affordability controls, project status, estimated completion date) is needed to complete the site inventory.
• Accessory Dwelling Units (ADUs). A list of permitted ADUs from 2019 to 2021 to establish trends is needed to complete the analysis. A list of permitted ADUs to date for 2022 is also helpful as it can be used to establish goals for the planning period. Rincon will establish the ADU trends based on this information and assumptions for the site inventory.
• Nonvacant Sites. The analysis will be revised to describe existing uses on nonvacant sites in detail, showing the potential for redevelopment or “recycling” of those sites and supporting the conclusion that existing uses are not an impediment to redevelopment. The analysis will consider development trends, applications for redevelopment of nonvacant sites, developer or owner interest in redevelopment of the nonvacant sites in the 6th cycle inventory, market conditions, leasing information, and other factors as described by HCD. Rincon will use City permitting data, feedback from outreach to developers and property owners, and existing conditions information to support the site inventory.
City of Fullerton
Fullerton Housing Element and General Plan Update
Rincon Consultants, Inc. Page 4
• Mixed-Use Zoning. The analysis will be revised to include an evaluation of the requirements needed for housing built on mixed-use sites. The analysis should describe the potential for nonresidential development on mixed-use sites, clarify the requirements for mixed use sites, and adjustments should be made to the capacity for site inventory.
• Religious Institution Sites. The analysis will consider feedback from outreach conducted for religious institution sites. It is Rincon’s understanding that the City will conduct outreach to religious institutions with property in the site inventory to determine interest to develop residential housing at densities described in the sites inventory. Affordability levels should be noted in the site inventory. These sites will be evaluated for realistic site development and clarification provided for general plan designation, zoning designation, development standards, and potential for nonresidential development on the sites. • Small Sites. Sites larger than ten acres in size or smaller than a half-acre in size are deemed inadequate to accommodate housing for lower-income households unless it is demonstrated sites are suitable to accommodate such housing through lot consolidation or other methods. The inventory will be analyzed to understand the extent to which small sites are relied upon to fulfill the RHNA. Where lot consolidation is relied on to facilitate small-lot development, the Housing Element will be revised to describe more fully how the City facilitates small-lot consolidation or development on small sites. The Housing Element should provide successful examples of lot consolidation or small-site development from development trends.
• Public Input. The City created a working group for the Housing Element update comprised of representatives of lower-income and special needs residents and conducted a public survey. The input from this outreach will be described in detail into the site selection process. • Environmental Constraints. As explained in HCD’s comment letter, the Housing Element must describe and analyze the suitability of sites with a general description of any known environmental issues that have the potential to impact the development viability of the identified sites and must demonstrate that these features will not preclude development, including, but not limited to, airport safety zones and land uses with hazardous materials. The Housing Element will be revised to fully describe the environmental constraints present on inventory sites and explain how those constraints do not preclude development.
The Housing Element will be revised to discuss if sites are identified with potential hazards or development restrictions and impacts to residential development. Sites will be examined for additional environmental constraints. Policies or programs may be required to avoid or minimize environmental impacts resulting from development on those sites.
• Infrastructure. While the draft Housing Element provides information regarding water capacity to accommodate the RHNA, information regarding sufficient total sewer capacity (existing and planned) to accommodate the regional housing need must also be provided. Programs may need to be developed if the analysis concludes that water capacity is not sufficient. In addition, water and sewer service providers must establish specific procedures to grant priority water and sewer service to developments with units affordable to lower income households. (Gov. Code, Section 65589.7.) The Housing Element will be revised to discuss compliance with these requirements and if necessary, add or modify programs to establish a written procedure by a date early in the planning period. • Rezone Program. Rincon will coordinate with the City and Dudek on the rezone program sites and density assumptions to ensure that the City’s RHNA shortfall is met. • 5th Cycle Carryover Sites. Rincon will request and review information from the City to determine whether sites were appropriately zoned and available during the 5th Cycle Housing Element. If sufficient evidence is not available, additional sites will need to be identified to accommodate the unmet need. • Affirmatively Furthering Fair Housing (AFFH) Analysis: As explained in HCD’s comment letter, an AFFH analysis of sites inventory will need to be completed. The analysis will review potential affordability per site, including number of units, methodology, nonvacant sites, and other relevant factors, based on geographic location in the city.
Assumptions:
• Rincon will not edit/clean up any parcel or base data
• Rincon will rely on SCAG and/or County data if City data is not available or adequate • As described above, Rincon assumes we can rely on previously identified sites (in draft 6th Cycle Housing Element)
Deliverable
▪ Revised Site Inventory and Housing Resources section
▪ Figures for the Housing Resources section as needed
▪ Additional programs for inclusion in the Housing Plan Task 2.4 Revise Housing Constraints Analysis
Rincon will revise the existing Housing Constraints analysis consistent with State Housing Element law, HCD’s Completeness Review Checklist, and HCD’s comment letter. This analysis must contain a review of factors that may potentially constrain the development of new housing and the improvement and preservation of existing housing in Fullerton. New Housing Element laws also require the assessment of non-governmental constraints, including NIMBYism, lending practices, shortage of labor, and other economic factors. Rincon anticipates up to one round of City review of the updates to the revised Housing Constraints analysis.
Rincon will conduct additional analysis to address HCD’s comments on the draft Housing Element and deficiencies in the existing analysis, including the following topics:
▪ Emergency shelters
▪ Farmworker housing
▪ Manufactured housing
▪ Fees and exactions
▪ Processing and permit procedures
▪ Group homes
▪ Building codes and enforcement
▪ Design review process
▪ Zoning and development standards
▪ Requests to develop housing at densities below those anticipated ▪ Local Ordinances
▪ Reasonable accommodations
Deliverable
▪ Revised Housing Constraints section
▪ Additional programs for inclusion in the Housing Plan Task 2.5 Revise Assessment of Fair Housing
Rincon will revise the existing Assessment of Fair Housing consistent with State Housing Element law, HCD’s Completeness Review Checklist, and HCD’s comment letter. The Assessment of Fair Housing discusses new Housing Element law (Government Code Section 65583), which requires jurisdictions to examine barriers to fair housing and ensure housing programs are implemented in a manner to affirmatively further fair housing.
Data will be updated as needed using HCD’s AFFH data viewer, and the latest data from the Southern City of Fullerton
Fullerton Housing Element and General Plan Update
Rincon Consultants, Inc. Page 6
California Association of Governments (SCAG), pre-certified by HCD in April 2021. Rincon anticipates up to one round of City review of the updates to the revised Assessment of Fair Housing.
Specific program focus areas will depend on the revised analysis, but HCD’s recommendation is that programs include:
• Enhancing mobility strategies and promoting inclusion for protected classes • Encouraging development of new affordable housing in high-resource areas • Implementing place-based strategies to encourage community revitalization, including preservation of existing affordable housing
• Protecting existing residents from displacement
Deliverable
• Draft revised Assessment of Fair Housing section in electronic format (Word) • Final revised Assessment of Fair Housing section in electronic format (Word) • Additional programs for inclusion in the Housing Plan Task 2.6 Revise Housing Plan
Rincon will revise the existing Housing Plan consistent with State Housing Element law, HCD’s Completeness Review Checklist, and HCD’s comment letter. Once revised analyses are complete and new or revised programs are identified, all programs are to be reviewed to ensure they are specific, contain concrete actions, discrete timeframes, measurable outcomes, and responsible agencies. Based upon the analyses and research conducted in the previous tasks, Rincon will revise existing goals, policies, and programs.
Rincon anticipates up to one round of City review of the updates to the revised Housing Plan. HCD identified needed revisions to Policy Action 4.7 (Persons with Special Needs), which should include actions beyond investigating regulatory incentives and should explicitly add persons with development disabilities, farmworkers and persons experiencing homelessness. Additional programs to be revised or developed include:
• Adequate Sites for Housing Development. The Policy Action should commit to addressing the RHNA shortfall, minimum acreage to be rezoned, allowable densities and uses, anticipated development standards (or ensuring development standards will facilitate achieving maximum allowable densities), reference to candidate sites to be rezoned, capacity assumptions, and a date of completion. As stated earlier, the City cannot receive housing element compliance status from HCD until the rezoning is complete.
• City-Owned Land (Surplus Land Act). The Policy Action should include a schedule of actions to facilitate development on sites identified (e.g., sites described on p. H-B-4). In addition, the Policy Action should commit to comply with all requirements pursuant to the Surplus Land Act, commencing with Government Code Section 54220.
• Lot Consolidation and Small Lot-Subdivision. Based on the outcomes of the analysis, the Policy Action should be revised with specific commitments and timelines to promote consolidation on sites anticipated to consolidate in the planning period.
• ADU Incentive Program. The program must be revised to include specific actions to incentivize the creation of ADUs that can be offered at affordable rent, conduct a review of ADU production every two years (instead of a mid-cycle review) and commit to additional actions such as adjusting assumptions of rezoning within a specified timeframe, and be more specific regarding actions to create ADUs that can be offered at affordable rents. The Policy Action should commit to amend the City’s regulations to comply with ADU law as appropriate early in the planning period.
Deliverable
• Draft revised Housing Plan in electronic format (Word)
• Final revised Housing Plan in electronic format (Word) Task 2.7 Revise Description of Public Participation
Rincon will revise the Housing Element to fully describe the public participation conducted, the time allowed for input, and how input received was considered and incorporated. Public outreach conducted to date should be reviewed and if necessary, additional outreach should be taken to meet HCD requirements, including additional outreach to property owners.
Deliverable
• Revised description of public participation (typically in the Introduction) Task 2.8 Administrative Draft, Public Review Draft, and Final Draft Housing Element
Rincon will prepare an updated Administrative Draft Housing Element based on analysis, research, and comments/discussions from the previous tasks. Our timeline and budget assume one round of review by City staff. We will incorporate staff comments (based on one set of consolidated comments) to formulate the Public Review Draft to be reviewed by the public prior to submitting to HCD for review. The revised draft Housing Element will have a public review period of seven days. After the public review period and once comments have been addressed, the draft is then resubmitted to HCD. We will work with City staff to compile a list of stakeholders and agencies/organizations to receive notification of the availability of the Draft Housing Element. Rincon will compile public comments received during the seven-day public review period and recommend revisions to the draft Housing Element. Based on Rincon’s understanding, the draft Housing Element will need to be resubmitted to HCD for a formal review (60 days). Following the review, Rincon will work collaboratively with the City to address HCD comments regarding the draft Housing Element. All revisions made to the Draft Housing Element will be shown as tracked changes.
Deliverable
• Administrative Draft of the Housing Element (Word)
• Public Review Draft of the Housing Element (Word and PDF) • Final Draft Housing Element for HCD Review, including response to public comments (Word and PDF) • All background and base data, including any GIS maps and digital data files Task 2.9 HCD Review
Following HCD review, Rincon will communicate with HCD and facilitate review of the revisions.
Deliverables
• Revised HCD Review Draft of the Housing Element Update (Word and PDF) Task 2.10 Adoption and Conditional Certification of Housing Element The revised HCD Review Draft of the Housing Element Update will be prepared for Planning Commission and City Council review and adoption.
City of Fullerton
Fullerton Housing Element and General Plan Update
Rincon Consultants, Inc. Page 8
After adoption, the Housing Element must be submitted to HCD. Because HCD will not formally certify the Housing Element update until the HIOZ is adopted, we will submit the adopted Housing Element update for review for conditional certification. HCD has a 60-day review period of adopted Housing Elements. Because HCD frequently requires multiple rounds of post-adoption review, this task includes up to 46 hours for responding to HCD comments and revising the draft Housing Element. If additional time is required, Rincon’s Project Manager will immediately alert City staff to discuss a scope and cost amendment. Additional labor will be provided on a time and materials basis billed at rates in effect that that time.
Assumptions
• City staff will prepare staff reports and presentations and will facilitate Planning Commission and City Council review of the Housing Element.
• HCD requires a hard copy to be submitted via U.S. Mail when submitting the final Housing Element for certification. City staff will submit the adopted hard copy Housing Element to HCD for certification. • Revisions to the draft Housing Element will be submitted electronically to the City (Word) only, and we will respond to compiled, tracked changes from the City. • Comments will not require extensive new analysis and do not raise significant new issues from previous rounds of review.
• Rincon may provide additional labor on a time and materials basis with approval of a scope amendment.
Deliverables
• Final Adopted Housing Element Update (electronic delivery) • All background and base data, including any GIS maps and digital data files Task 3 Municipal Code Amendments
Following preparation of the Administrative Draft Housing Element, Rincon will prepare a list of municipal code sections that will need to be amended to maintain consistency with updated Housing Element programs and identified General Plan amendments. This will include identifying programs and corresponding municipal code amendments that should be addressed to meet the required rezoning or General Plan amendments on religious institution sites to accommodate the City’s RHNA allocation.
Deliverable
• List of Impacted Code Sections
Task 4 Safety Element Update
Preparation of an updated Safety Element in compliance with State law and in alignment with the Local Hazard Mitigation Plan. Safety Element law has been rapidly evolving in recent years with new legislative mandates and guidance being issued by the State on an almost annual basis. Rincon reviewed the 2012 Fullerton Plan and the 2020 Local Hazard Mitigation Plan (LHMP), adopted on May 21, 2020, to evaluate compliance with state law requiring that municipalities address climate change hazards, evacuation planning, and other natural hazards in their safety element. While the LHMP was developed to comply with State law, minor revisions to the LHMP and/or the City’s Safety Element should be made to demonstrate full compliance with Senate Bill (SB) 379. SB 379 requires all cities and counties to include climate adaptation and resiliency strategies in the safety elements of their general plans beginning January 1, 2017. The bill requires the climate adaptation update to include a set of goals, policies, and objectives for their communities based on the vulnerability assessment, as well as implementation measures.
Minor revisions include tying the City’s capability to address specific climate change impacts, clarifying whether planned development is included in identified at-risk areas, and clearly specifying how the General Plan addresses each requirement of Government Code Section 65302(g)(4).
Rincon will also update the Safety Element to address the risk of fire for land classified as state responsibility areas and land classified as very high fire hazard severity zones pursuant to Government Code Section 65302, subd. (g)(3).). This effort involves revising policies, submitting the draft Safety Element to the Board of Forestry and Fire Protection and meeting attendance and coordination.
Rincon anticipates up to one round of review of the updates to the Safety Element. The administrative draft will be submitted electronically only (Word), and we will respond to compiled, tracked changes from the City.
The final version of the Safety Element will be provided as electronic copies (Word and PDF), and no hard copies have been assumed.
Assumptions
• This effort will not involve updates to the Safety Element to comply with AB 747. Because the City updated its LHMP on May 21, 2020, this task may be deferred until the next revision of its LHMP.
Deliverables
• Draft Safety Element Update in electronic format (Word) • Final Safety Element Update in electronic format (Word and PDF) Task 5 Environmental Justice Policies
This Housing Element update with trigger requirements to address environmental justice pursuant to SB 1000. Rincon will coordinate with City staff to address environmental justice as a standalone element of the General Plan. If a stand-alone Environmental Justice Element is desired, the scope and timeframe will need to be amended. The draft policies will be submitted electronically (Word) only, and we will respond to one round of compiled, tracked changes from the City.
Deliverable
• Draft Environmental Justice policies in electronic format (Word) • Final Environmental Justice policies in electronic format (Word and PDF) Task 6 Built Environment Element Update
Rincon will conduct a consistency review of the Fullerton Built Environment Element and Exhibit 2 Community Development Plan to determine consistency with the draft Housing Element update. We will prepare an administrative draft of the Built Environment Element amendments found to be necessary for consistency. In conjunction with the Housing Element update, we will prepare revisions to existing goals, policies, and actions and propose new goals, policies, and actions, as appropriate, focused on refinements and updates to address consistency with the draft Housing Element update. Rincon will also prepare Community Development Plan map amendments as required to implement the policies and programs set forth in the Housing Element update.
Rincon anticipates up to two rounds of review of the Built Environment Element amendments. Each draft will be submitted electronically (Word) only, and we will respond to compiled, tracked changes from the City.
The Built Environment Element figures, tables, and charts will be updated as appropriate to reflect changes made throughout the document. The final version of the Built Environment Element will be provided as electronic copies (word or PDF), and no hard copies have been assumed.
City of Fullerton
Fullerton Housing Element and General Plan Update
Rincon Consultants, Inc. Page 10
Assumptions
• The City will provide raw files to revise maps, figures, tables, and charts in the City’s preferred format.
Deliverables
• Screencheck Built Environment Element (word)
• Public Review Draft Built Environment Element (word and PDF) • Final Built Environment Element (word and PDF)
Task 7 CEQA Documentation
The scope of this task assumes that a Negative Declaration (ND) or Mitigated Negative Declaration (MND) will be prepared to address environmental impacts resulting from the updates to the Safety Element, Housing Element, Environmental Justice policies, and Municipal Code amendments, as described in Tasks 2, 3, 4, and 5, as the most efficient approach to complying with CEQA. It is assumed that the CEQA documentation associated with the HIOZ is being prepared by Dudek. Rincon has prepared the scope of work and cost analysis accordingly.
To expedite the processing of the CEQA documentation, the proposed schedule relies on no significant changes to the draft Housing Element as the preparation of the CEQA documentation coincides with HCD review of the draft Housing Element. If it is determined that an Environmental Impact Report (EIR) is needed, the schedule and cost will need to be significantly revised.
Task 7.1 Prepare CEQA Documentation
Preparation of the ND or MND for the Housing Element update would involve the following:
• Complete an Initial Study (IS) checklist
• Prepare an administrative draft ND or MND based on the results of the IS • Submit electronic copy of administrative draft ND or MND for City staff review and comment • Perform one set of revisions based on City staff comments • Submit public review draft ND or MND to City staff for distribution • Respond to comments received as a result of public review of the ND. Revise the ND or MND if needed (response to comments and revised ND or MND will constitute the Final ND or MND) • Submit electronic copy of Final ND or MND to City staff for review and comment • Perform one set of revisions based on City staff comments that have been compiled and in tracked changes.
• File the Final ND or MND with the Office of Planning and Research and the Orange County Clerk’s Office.
The City will be responsible for the payment of all filing fees. • Provide the City a revised Final ND or MND for posting on the City’s website Deliverable
• Administrative Draft ND or MND in electronic format (Word) • Public Review Draft ND or MND in PDF
• Final ND or MND in electronic format (Word) and PDF
Task 7.2 SB 18 and AB 52 Assistance
Under AB 52 (California Government Code Section 21080.3.1 (a)) and SB 18 (California Government Code Sections 65352.3 and 65352.4), the City, as the CEQA lead agency, is required to begin consultation with
California Native American Tribes that are traditionally and culturally affiliated with the project site, prior to the release of a negative declaration, mitigated negative declaration, or environmental impact report.
Rincon will request an AB 52 and SB 18 consultation list from the Native American Heritage Commission (NAHC) and will assist the City with consultation under AB 52 and SB 18 by providing the City with letter templates, checklists, and detailed instructions to help ensure meaningful consultation with interested Native American groups. Due to COVID restrictions NAHC list requests may take approximately 8 to 10 weeks to receive. After receipt of letters, Native American Tribes have 30 days to reply to a request for consultation under AB 52 and 90 days under SB 18; the 30-day wait period for AB 52 is subsumed in the wait period for SB
18. This task does not include meetings, outreach, consultation or mailing letters to Tribal governments.
Rincon assumes the City will officially contact all applicable Tribes.
Deliverable
• AB 52 and SB 18 consultation package in electronic submittal Task 8 Public Hearings
We have budgeted for participation in two public hearings on the project. The Rincon team anticipates participation in one Planning Commission hearing and one City Council hearing, although this could change dependent upon the City needs. For the public hearings, a member of the Rincon team will be present to discuss the Housing Element, Safety Element, Environmental Justice policies, and CEQA review findings and recommendations. Additional public hearings will be billed on a time and materials basis, per Rincon’s billing rates in effect at the time the service is provided.
Task 9 HCD Certification
Upon City adoption of the HIOZ ordinance, Rincon will submit required documentation to HCD for final certification.
Assumptions
• City staff will submit the adopted hard copy Housing Element to HCD for certification. • City staff will provide Rincon with required documentation (e.g., adopted resolutions, ordinances) Deliverables
• Electronic submittal of documentation to HCD for certification
Cost
Cost Assumptions
Rincon assumed the following in developing our scope of work and cost estimate. • All deliverables will be provided electronically in PDF and/or Word format. Comments from the City will be provided as a consolidated set of comments in editable electronic format (i.e., as track changes in MS Word). Following review, each deliverable will be finalized and submitted in electronic (PDF) format. With the exception of the final adopted Housing Element that Rincon will ship to HCD as an optional task, the City would be responsible for printing all other hard copy documents.
City of Fullerton
Fullerton Housing Element and General Plan Update
Rincon Consultants, Inc. Page 12
• Costs have been allocated to tasks based upon Rincon’s proposed approach. Rincon may re-allocate costs among tasks and/or direct costs as circumstances warrant so long as the adjustments maintain the total price within its authorized amount.
• With the exception of public hearings, meetings and community outreach will be conducted virtually.
Cost Estimate
Rincon will complete the work program described herein for a cost not to exceed $315,784. Any additional tasks not identified herein will be completed only upon authorization and in accordance with the rates shown in the table below. The estimated cost indicates an estimated contingency of 20 percent.
Tasks Labor Cost Direct
Expense
Task 1. Project Management
Project Management $40,196
Task Subtotal $40,196
Task 2. Housing Element Update
2.1 Data Gaps Analysis $7,190
2.2 Revise Housing Needs Assessment $6,240
2.3 Revise Housing Resources and Site inventory $18,522
2.4 Revise Housing Constraints Analysis $10,770
2.5 Revise Assessment of Fair Housing $18,622
2.6 Revise Housing Plan $11,766
2.7 Revise Description of Public Participation $3,698
2.8 Revise Administrative Draft, Public Review Draft, and Final Draft Housing Element $21,046
2.9 HCD Review $9,875
2.10 Adoption and Conditional Certification $12,440
Task Subtotal $120,168
Task 3. Municipal Code Amendments
List of Municipal Code Amendments $12,550
Task Subtotal $12,550
Task 4. Safety Element Update
Safety Element Update $18,813
Task Subtotal $18,813
Task 5. EJ Policies
EJ Policies $16,056
Task Subtotal $16,056
Task 6. Built Environment Element
Built Environment Element $15,743
Task Subtotal $15,743
Task 7. CEQA Documentation
7.1 Prepare CEQA Documentation $21,146
7.2 SB 18/AB 52 $7,581
Task Subtotal $28,727
Task 8. Public Hearings
Public Hearings $8,668 $340
Task Subtotal $8,668 $340
Task 9: HCD Certification
HCD Certification $1,948
Task Subtotal $1,948
Subtotal $ 262,870
$
340
Contingency $52,574
Direct Cost Detail
Vehicle Costs $ 340
Contingency $ 52,574
Subtotal Additional Costs: $ 52,914
Summary
Professional Fees Subtotal $262,870
Direct Costs Subtotal $52,914
Total $ 315,784
Professional Services - are based on Rincon's standard fee schedule and labor classifications. The above is provided as an estimate of Rincon's effort per task. Rincon may reallocate budget between staff and tasks, as long as the total contract price is not exceeded.
Annual Escalation. Standard rates subject to 3.5% annual escalation.
Payment Terms. All fees will be billed to Client monthly and shall be due and payable upon receipt or as indicated in the contract provisions for the assignment. Invoices are delinquent if not paid within ten (10) days from receipt or per the contractually required payment terms.
This proposal is valid for a period of 30 days and is fully negotiable to meet the City’s needs. We appreciate the opportunity to assist with this project. Please let us know if you have any questions about this proposal or need additional information.
Sincerely,
Rincon Consultants, Inc.
Lilly Rudolph, MPA, AICP | Senior Program Manager
[email protected]
Contact for Clarification
Deanna Hansen | Principal/Vice President
[email protected]
Authorized to contractually obligate and negotiate
on behalf of Rincon Consultants, Inc.
Project Schedule
Rincon Consultants, Inc. 1
Project Schedule
The Rincon team is prepared to begin the work program described in this proposal immediately upon authorization to proceed. As depicted on the following chart, Rincon proposes to adhere to a schedule that allows the revised draft Housing Element to be submitted for HCD review within about 14 months from the kickoff meeting and adoption of the updates to the Housing Element, Safety Element, Land Use Element, and new Environmental Justice policies within approximately 22 months.
TASKS Nov-22 Dec-22 Jan-23 Feb-23 Mar-23 Apr-23 May-23 Jun-23 Jul-23 Aug-23 Sep-23 Oct-23 Nov-23 Dec-23 Jan-24 Feb-24 Mar-24 Apr-24 May-24 Jun-24 Jul-24 Aug-24 Sep-24 Oct-24 Nov-24 Dec-24 Jan-25 Feb-25 Mar-25 Apr-25 May-25 Jun-25 Task 1: Project Management
1.1 Project Coordination
Task 2: Housing Element Update
2.1 Data Gaps Analysis
2.2 Housing Needs Assessment and Constraints
2.3 Housing Resources and Site Inventory
2.4 Housing Constraints Analysis
2.5 AFFH Analysis
2.6 Revise Housing Plan
2.7 Revise Public Participation
2.8 Draft Housing Element 2023 - 2031
2.9 HCD Review
2.10 Adoption and Conditional Certification
General Plan Update
Task 3 Municipal Code Amendments
Task 3 Safety Element Update
Task 4. Environmental Justice Policies
Task 5. Land Use Element Amendment Update
Task 7: CEQA Documentation
7.1 Prepare CEQA Documentation
7.2 SB 18 and AB 52 Assistance
Task 7: Public Hearings
Public Hearings
Task 8: HCD Certification
Task 8.1 HCD Certification
Key
City review Draft Deliverable Final Deliverable
Public Review Planning Commission Meeting
Rincon Draft
HCD Review City Council