Professional Services Agreement - Page 1 of 7
De Novo Planning Group
Resourceability
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF RIPON AND
DE NOVO PLANNING GROUP
This Agreement for Professional Services (“Agreement”) is entered into on, June 13, 2023 (the “Effective Date”) between the City of Ripon, a California municipal corporation (“City”) and De Novo Planning Group (“Consultant”), (together sometimes referred to as the “Parties”).
Section 1. SERVICES. In accordance with the terms and conditions set forth in this Agreement, Consultant agrees to perform all services described in the Consultant’s Scope of Services attached hereto as Exhibit A. In the event of a conflict in or inconsistency between the terms of this Agreement and said scope of services, this Agreement shall prevail.
1.1 Term of Services. This Agreement shall begin upon signature by all Parties and shall end when Consultant completes the work described in said scope of work, or no later than two (2) years from the date this Agreement was signed by City, which ever is longer, unless the term of the Agreement is otherwise terminated or modified, as provided for herein. Notwithstanding the foregoing,
1.2 Standard of Performance. Consultant shall diligently perform all services required in connection with this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services in connection with this Agreement.
1.4 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. In the event of termination, Consultant shall be entitled to compensation for services satisfactorily completed as of the date that written notice of termination is received by consultant; City, however, may condition payment of such compensation upon Consultant delivering to City documents and records identified in Section 8.1 of this Agreement.
Section 2. COMPENSATION.
City hereby agrees to pay Consultant an amount NOT TO EXCEED $124,120 for all work described within the Cost Proposal set forth in Exhibit A and made a part of this Agreement.
2.1 Invoices. Consultant shall submit invoices as necessary during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date.
2.2 Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred.
2.3 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
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Section 3. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance listed below for the period covered by the Agreement. (Rev 3/18)
3.1 General Liability. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability.
Consultant’s general liability policies shall be primary and non-contributory, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required.
3.2 Workers’ Compensation. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with limits of at least one million dollars ($1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
3.3 Auto Liability. Consultant shall provide auto liability coverage for owned, nonowned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than one million dollars ($1,000,000) per accident. If Consultant owns no vehicles, this requirement may be met through a nonowned auto endorsement to the CGL policy.
3.4 Professional Liability. Consultant shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement, and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.
3.5 All Policies Requirements.
3.5.1 Verification of Coverage. Prior to beginning any work under this Agreement, Consultant shall, at the sole option of the City, provide City with (1) certified Certification of Insurance that demonstrates compliance with all applicable insurance provisions contained herein; (2) certified policy endorsements to the general liability policy adding the City of Ripon as an Additional Insured and declaring such insurance primary in regard to work performed pursuant to this Agreement; or (3) upon request by the City, complete certified copies of all policies and/or complete certified copies of all endorsements that demonstrate compliance with this Section 3.
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3.5.2 Notice of Reduction in or Cancellation of Coverage. A copy of the cancellation provisions must be attached to all insurance obtained in accordance with this Agreement.
Section 4. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. (Rev 3/18)
4.1 Indemnity for Professional Liability: When the law establishes a professional standard of care for Consultant’s Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend, and hold harmless City and any and all of its officials, employees and agents from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel’s fees and costs but only to the extent the Consultant (and its Subconsultants), are responsible for such damages, liabilities and costs on a comparative basis of fault between the Consultant (and its Subconsultants) and the City in the performance of professional services under this agreement.
4.2 Indemnity for Other Than Professional Liability: Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend, and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or City for which Consultant is legally liable, including, but not limited to officers, agents, employees, or subcontractors of Consultant.
Section 5. STATUS OF CONSULTANT.
5.1 Independent Consultant. At all times during the term of this Agreement, Consultant shall be an independent Consultant and shall not be an employee of City. Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.
Section 6. LEGAL REQUIREMENTS.
6.1 Governing Law. The laws of the State of California shall govern this Agreement.
6.2 Compliance with Applicable Laws. Consultant and any sub-Consultants shall comply with all laws applicable to the performance of the work in connection with this Agreement.
6.3 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any sub-Consultants have all licenses, permits, qualifications, and approvals of whatsoever nature, that are legally required to practice their respective professions.
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6.4 Nondiscrimination and Equal Opportunity. In compliance with federal, state and local laws, Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, sub-Consultant, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement.
6.5 Work Requiring Payment of Prevailing Wages. In accordance with California Labor Code Section 1771, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which these services are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in the California Labor Code shall be paid to all workers engaged in performing the services under this Agreement.
Section 7. MODIFICATION.
7.1 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.
7.2 Assignment and Subcontracting. Consultant may not assign this Agreement or any interest therein without the prior written approval of the City. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the sub-Consultants noted in the proposal, without prior written approval of the City.
7.3 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.
7.4 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:
7.4.1 Immediately terminate the Agreement;
7.4.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant in accordance with this Agreement;
7.4.3 Retain a different Consultant to complete the work described in said scope of work not finished by Consultant; or
7.4.4 Charge Consultant for City's excess cost of completion of the unfinished work described in Exhibit A, if any. City's excess costs shall be reimbursed by Consultant where City's reasonable cost of completion paid to another qualified new consultant exceeds the amount City would have paid to Consultant pursuant to Section 2 absent the material breach; provided, however that any such excess cost reimbursement shall not exceed 25% of Consultant's quoted price for any unfinished task. Thus, by way of example, if following a material breach by Consultant a specific task which is budgeted at Professional Services Agreement - Page 5 of 7
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$10,000 has not commenced or adequately completed, and City must retain another new qualified consultant to complete that specific task Consultant would be responsible to reimburse City in the amount of up to $2,500 (25% of the Consultant’s $10,000 quoted price for the subject task). By way of further example, if the Consultant’s cost of completion of that specific task is $14,000, Consultant would be responsible to reimburse City in the amount of up to $3,500 (25% of the Consultant’s $14,000 quoted price for the subject task).
Section 8. KEEPING AND STATUS OF RECORDS.
8.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains in accordance with this Agreement and that relate to the matters covered under the terms of this Agreement shall be the property of the City. This clause does not include instruments of service.
8.2 Consultant’s Books and Records. Consultant shall maintain any and all records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.
8.3 Confidential Information and Disclosure. During the term of this Agreement, either party (the "Disclosing Party") may disclose confidential, proprietary or trade secret information (the "Information"), to the other party (the "Receiving Party"). The Receiving Party shall hold the Disclosing Party's Information in confidence and shall take all reasonable steps to prevent any unauthorized possession, use, copying, transfer or disclosure of such Information. Consultant understands that the City is a public entity and is subject to the laws that may compel it to disclose information about Consultant’s business.
Section 9 MISCELLANEOUS PROVISIONS.
9.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
9.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.
9.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect.
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9.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
9.5 Contract Administration. This Agreement shall be administered by Ken Zuidervaart, who shall act as the City’s representative. All correspondence shall be directed to or through the representative.
9.6 Notices.
Any written notice to Consultant shall be sent to:
Beth Thompson Principal
De Novo Planning Group
1020 Suncast Lane, #106
El Dorado Hills, CA 95762
Any written notice to the City shall be sent to:
Mr. Ken Zuidervaart
Director of Planning
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366
9.7 Integration; Incorporation. This Agreement, including all the exhibits attached hereto, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. All Exhibits attached hereto are incorporated by reference herein.
9.8 Alternative Dispute Resolution. If any dispute arises between the Parties that cannot be settled after engaging in good faith negotiations, City and Consultant agree to resolve the dispute in accordance with the following:
Each party will designate a senior management or executive level representative to negotiate the dispute. Through good faith negotiations, the representatives will attempt to resolve the dispute by any means within their authority. If dispute remains unresolved after fifteen (15) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by mediation through a disinterested third person as mediator selected by both Parties. Mediation will begin within thirty (30) days of the selection of this disinterested third party, and will end fifteen (15) days after commencement. The Parties shall equally bear the costs of any third party in any alternative dispute resolution process.
The alternative dispute resolution process is a material condition to this Agreement and must be exhausted as an administrative remedy prior to either party initiating legal action. This alternative dispute resolution process is not intended to nor shall be construed to change the time periods for filing a claim or action specified by Government Code Section 900, et. seq.
9.9 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
The Parties have executed this Agreement as of the date signed by the City.
CITY OF RIPON CONSULTANT
Mike Restuccia, Mayor Beth Thompson, Principal
Attest:
Lisa Roos, City Clerk
Approved as to Form:
Thomas Terpstra, City Attorney
On behalf of De Novo Planning Group, thank you for the opportunity to submit this proposal to prepare the City's 2023-2031 Housing Element Update. Based on our in-depth local experience working with Ripon on the General Plan Update, Municipal Services Review, and environmental documentation for various projects, coupled with our extensive experience working with jurisdictions across California to prepare housing elements, we are confident that we can prepare your updated Housing Element for certification by the California Department of Housing and Community Development (HCD). We have enjoyed working with the City and community on the Ripon General Plan Update project and are excited for this opportunity to continue our work with Ripon! Our team will provide the City with an energetic and dedicated group of professionals with exceptional skills and qualifications. We are 100% committed to completing this project within schedule and budget and will allocate our resources and energy in a way that will exceed your expectations. We are confident that our experience, record of success with HCD certification, and Principal-level attention to the project will prove to be extremely valuable to the City.
Looking forward to the 6th Housing Element update cycle, there are a number of factors which will inevitably influence the project. De Novo is well-versed regarding implementation of recent housing bills signed into law in 2019-2022, the 2017 Housing Package, HCD's Affirmatively Furthering Fair Housing guidance, direction provided by the Governor’s Office, California Attorney General’s Office, and HCD regarding Housing Elements and, more broadly, plans and programs to increase the State’s housing stock. We also closely monitor pending legislation to be prepared to advise our clients on upcoming opportunities and challenges.
The team is led by Principal Beth Thompson and Principal Planner Perry Banner who will serve as CoProject Managers. Our in-house management and technical team is composed of strategic planners who value creative problem-solving and we are ready and able to respond to whatever comes our way as we work with you to update your Housing Element. We strongly believe that our principal-level attention, availability, responsiveness, and creativity will best assist Ripon as it evaluates its Regional Housing Needs Allocation (RHNA) and ultimately updates its Housing Element for State certification.
The De Novo Approach
Our approach is grounded in creative problem-solving, a solid quality control process, and strict adherence to the project schedule and budget.
■ ■ ■ Creative Problem-Solving
Planners are creative problem-solvers, and we consider ourselves particularly well-suited to this part of the job. De Novo's team values research and best practices, recognizing we often work on projects with a moving target. This is especially relevant to the current state of housing elements and housing law, where politics are playing an increasingly important role in how local jurisdictions maintain control of their local planning objectives. We believe that you know your City best and local agencies are best-suited to plan for their own housing needs. We will work with you to address local issues and concerns in creative ways that maximize local input to the extent feasible while achieving state requirements.
Exhibit "A"
A Land Use Planning, Design, and Environmental Firm
DE NOVO PLANNING GROUP
1020 SUNCAST LANE #106, EL DORADO HILLS, CA 95762
[email protected] | (916) 812-7927
November 10, 2022 (Updated 5/31/2023 with current schedule and budget) City of Ripon
Ken Zuidervaart, Planning Director
259 N. Wilma Avenue
Ripon, CA 95366
[email protected]
Subject: City of Ripon Housing Element Update (6th Cycle 2023-2031) De Novo Planning Group
City of Ripon 6th Cycle Housing Element Update 2
De Novo Planning Group
■ ■ ■ Strictly Adhere to the Project Schedule and Budget Our project team is fully committed to bringing the project to completion and receiving state certification in accordance with all required timelines. As outlined in our project schedule, we have a ample time for all project stages including the community engagement process, coordination with HCD, and public review.
We thrive under deadlines, and we have a track record of meeting or exceeding our project schedules. Our use of Principal-level staff throughout all stages of the project allows us to work quickly, efficiently, and produce preliminary draft documents of superior quality. Our project managers take a very active and hands-on role, and we diligently manage our team and coordinate with City staff to ensure that all parties are continuously aware of pending deadlines, outstanding tasks, and draft work products that will require staff review.
We take tremendous pride in our ability to adhere to our project budgets. Our project managers are also principals and senior managers of the firm, and to this end, we have the authority to take any steps necessary to ensure that our projects remain on budget. We strongly encourage the City to call every single one of our references and specifically inquire about the extraordinary steps we take to ensure we do not modify or exceed our budgets. This regularly includes the addition of extra meetings and hearings, the inclusion of additional technical analysis, and the allocation of staff time and resources beyond the levels identified in our proposal, at no extra charge to the City.
■ ■ ■ Extensive Housing and Local Experience
De Novo has extensive experience working with General Plans and Housing Elements. De Novo Planning Group has completed 21 Housing Element Updates and each element has been certified by HCD. In addition, we have 11 6th Cycle Housing Element Updates currently underway.
Our Housing Element lead, Beth Thompson, has personally managed or served as a technical advisor for over 30 Housing Element updates and has also managed Consolidated Plans, EIRs to address identification of housing sites, development of inclusionary housing ordinances, development and management of affordable housing funding programs, zoning code updates focused on streamlining housing requirements, and affordable housing market studies.
A unique attribute of our team is that our leads, Beth Thompson and Perry Banner, have significant experience working with all aspects of General Plans, Zoning Codes, and CEQA documentation and brings her thorough understanding of both long-range planning and development projects to the Housing Element Update process. Beth and Ben Ritchie, both De Novo principals, are co-managing the City's General Plan Update and have a deep understanding of local issues and concerns, and the City's regulatory framework and processes.
Beth is an officer with the firm, and is authorized to negotiate on the firm’s behalf. The offer contained in this proposal is valid for 90 days. We trust that the enclosed information is adequate for your evaluation, but should you need anything else, please do not hesitate to contact me at (916) 812-7927 or at bthompson@denovoplanning.com. We look forward to the opportunity to work on another of the City's Housing Elements! Sincerely,
Beth Thompson
Principal
City of Ripon 6th Cycle Housing Element Update 3
De Novo Planning Group
DE NOVO APPROACH
Our proposal provides the full range of services identified for a comprehensive Housing Element Update. Our work program includes community engagement efforts to address requirements of State law. Our approach is to deliver an excellent Housing Element Update process to the City that addresses the City's goals and priorities and meets the requirements of State law. As described below, the De Novo team brings the City the following unique benefits to our technical and management approach to the Housing Element Update which make our team particularly well-qualified for the City's 6th cycle update.
■ ■ ■ Consistent Principal Attention
We do not identify principal staff in our proposal, then hand your project out to junior staff members to complete for our review. Rather, our senior management staff that is identified in this proposal— Principal Beth Thompson—will work on every aspect of the Housing Element Update, and will be the primary author and reviewer of each document we provide to the City. Beth will be the City's day-today contact and will assist the City with all staff reports and noticing for the project. This senior-level attention to each detail of the project ensures a high-quality work product as well as continuity throughout the project.
■ ■ ■ Apply Our Housing Expertise
De Novo is ready to hit the ground running with the City's Housing Element update. Our work on the Ripon General Plan Update provides our team with a strong understanding of current conditions and issues facing Ripon. We have significant experience working in the housing policy and pre-development realm. Our team members have experience with housing policy work, from housing elements to zoning codes to consolidated plans to affordable housing programs (e.g., inclusionary housing, ADU Handbook, affordable housing fees, etc.), as well as experience with reviewing housing development projects for compliance with General Plan and zoning requirements, as well as conducting CEQA and NEPA review for affordable and market rate housing development. The De Novo team has prepared Housing Elements throughout the State and the team members that work on the Housing Element also prepare the CEQA document.
■ ■ ■ An Extension of City Staff
The De Novo Principals have served as contract staff members and environmental coordinators for multiple public agencies throughout California, which gives us an intimate understanding of the intricacies and inner-workings of public planning agencies. Our work program includes the preparation of staff reports, meeting and presentation materials, notices, and continuous project update reports throughout
RECENT HOUSING LAWS
» AB 686: Affirmatively Furthering Fair
Housing
» SB 330: Housing Crisis Act (expediting
and streamlining housing approvals,
replacement housing obligations)
» SB 1486, AB 1255: Surplus Land for
Affordable Housing
» SB 6: Design and Development of Sites
Inventory
» SB 1763, AB 2372: Density Bonus
» AB 139: Emergency Shelters
» SB 13, AB 68, AB 587, AB 670, AB 671, AB
881: ADUs and JADUs
» AB 2162: Supportive Housing Streamlined Approval
» SB 35: Streamlined Housing Approval
Process
» AB 678, AB 167: Housing Accountability
Act
» SB 166: Strengthen No Net Loss/Continuous Rezoning of Housing Sites » AB 879: Additional Constraints Analysis
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De Novo Planning Group
the Housing Element Update process. We understand and appreciate the burdens placed on City staff during General Plan amendments, and our goal is to make the process a pleasant and rewarding experience for the City staff team. ■ ■ ■ Unparalleled Energy and Enthusiasm
All of De Novo’s principals greatly enjoy our line of work, and rather than spend our time managing large and cumbersome project teams comprised of junior-level planners, we prefer to roll up our sleeves and work on our projects ourselves. As owners of the company, we take great pride in our work products, and we strive to build a strong connection with each of our clients. The greatest compliment that our clients pay us is to invite us back to provide additional services. Providing superior products and client services is a matter of tremendous pride for us, and we bring our high level of energy, creativity and enthusiasm to each project we undertake. ■ ■ ■ Adherence to Timeline and Budget
Our project team is fully committed to delivering the Housing Element Update to the City Council for adoption in advance of the State's estimated January 2023 deadline. We thrive under deadlines, and we have a track record of meeting or exceeding our project schedules. Our familiarity with Ripon combined with use of Principal-level staff throughout all stages of the project allows us to work quickly, efficiently, and produce preliminary draft documents of superior quality. Our project managers take a very active and hands-on role, and we diligently manage our team and coordinate with City staff to ensure that all parties are continuously aware of pending deadlines, outstanding tasks, and draft work products that will require staff review.
■ ■ ■ Benefits of a Relatively Small Planning Firm
All of De Novo’s principals and senior staff have served as senior project managers with larger consulting firms in California, and through this experience we have gained intimate knowledge of the operational inefficiencies of large firms and the burdens that they can cause public agencies. Larger firms tend to carry cumbersome over-head costs, which results in the need for higher hourly billing rates, frequent contract modifications, and can have high staff turnover, which causes changes in project managers midstream during a project. Because we remain relatively small we are able to offer our clients with significantly lower rates, while still providing our clients with Principal-level attention to each project.
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De Novo Planning Group
SCOPE OF WORK
The Housing Element Update will be developed to meet the City’s needs and priorities and to address the requirements of State law, including recent changes regarding the analysis of sites and zoning-related requirements for housing entitlements. This Scope of Work includes all tasks necessary to prepare the Update and process it through HCD and includes a Community Engagement component to assist the City in meeting State requirements for public participation.
TASK 1 PROJECT KICKOFF
Within one week of receipt of Notice to Proceed from the City, the De Novo team will schedule a kickoff meeting with City staff to discuss refinements to the scope of services and schedule. The schedule will address all major stages of the project, including:
» Identification of milestones, meetings and workshops, and deliverables; » Public outreach approach, including timing of workshops, meetings, and hearings; » Delivery of findings and analysis during development of the housing needs data; » City staff review periods for each deliverable;
» Opportunities to streamline HCD review;
» Response to HCD review; and
» Planning Commission and City Council hearings.
Deliverable:
» Project Schedule
TASK 2 PROJECT MANAGEMENT
De Novo will facilitate regular progress meetings with City staff via conference call or Zoom to ensure that the project is on time, on budget, and that any issues are quickly resolved.
Throughout the project, De Novo will coordinate with City staff to ensure that the project remains on schedule and within budget. De Novo will regularly coordinate with staff, including via calls and emails, to communicate status of deliverables and budget, progress, and any information needed from City staff.
Deliverable:
» Monthly email updates with a list of action items (electronic only) TASK 3 COMMUNITY OUTREACH AND PARTICIPATION
Focused and meaningful community engagement is an important part of the Housing Element Update process. Government Code (GC) Section 65583(c)(7) requires: “The local government shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the housing element...” Moreover, the topic of "housing" is one that impacts everyone that lives or works in Ripon and the Housing Element Update must acknowledge the community's input and find creative ways to reflect the community's vision as it meets its housing obligations.
To this end, we propose a strategic community engagement process in conjunction with City staff that seeks to connect with the community and provide an opportunity for all economic segments of the community to be involved in the Housing Element Update. De Novo's public outreach efforts City of Ripon 6th Cycle Housing Element Update 6
De Novo Planning Group
will reflect the deeper level of engagement, including an emphasis on including historically underrepresented populations, that is required under HCD's recent Affirmatively Furthering Fair Housing requirements. The community input from the Housing Workshops and Survey will be reflected in the Administrative Draft Housing Element.
For each meeting, De Novo will prepare meeting materials, including a powerpoint presentation and any necessary exhibits, and will attend meetings prepared to address comments and questions on the Housing Element Update.
Task 3.1 Housing Workshop and On-Line Survey
De Novo will plan and provide one Housing Workshop for the public. City residents, property owners, business members, and key stakeholders will be invited to participate. The Workshop will be conducted via Zoom and the video will also be made available on the City's website so community members may participate at their convenience. The Workshop will provide an overview of State requirements for Housing Elements, meaningful City demographics, Ripon's RHNA, and the Housing Elements contents and framework. Workshop participants will be invited to identify housing priorities and concerns, and will also be invited to take an on-line survey The on-line survey is anticipated to include questions targeted to identify housing needs and priorities, special needs and fair housing issues. The activities will be based on our review of existing conditions, including the available sites inventory.
We anticipate that the workshop video and the survey will be hosted on the City's website for a minimum 30-day period to provide residents, stakeholders, and interested parties more than adequate time to view the presentation and go through the survey questions and activities.
The survey will be provided in both English and Spanish, to ensure that participation is accessible to a broad spectrum of the community. We will coordinate with service providers to advertise the workshop via their on-site locations and web pages to increase awareness and participation.
Task 3.2 Open House
Upon completion of the Draft Housing Element, we will present the Housing Element to the community at an Open House. The Open House can be conducted in-person, if consistent with public safety measures that are in effect at the time of the Open House, or via a virtual on-line meeting (e.g., Zoom or similar). At this time the public can provide comments on the Draft Housing Element which will be summarized and addressed in the Adoption Draft Housing Element. The City also has the option to have the Open House conducted as a workshop with the Planning Commission, to familiarize the Commission with the project and to provide for community participation.
Task 2.3 Stakeholder Survey
We will create an on-line survey that will be advertised and available concurrently with the Housing Workshops to allow stakeholders an opportunity to provide feedback on housing priorities. The survey will be posted early-on in the process and be focused on priorities and needs of special needs, disadvantaged, and at-risk populations, as well as the general needs of the community, identification of barriers or constraints to housing production or access in Ripon, and recommended programs or City of Ripon 6th Cycle Housing Element Update 7
De Novo Planning Group
policies to address the community's specific housing needs. The survey will be designed to collect information to identify the primary housing needs of the service population(s) of the stakeholders, any known fair housing issues, and any barriers or constraints to housing development, including affordable housing.
Task 2.4 Adoption Hearings
The Adoption Draft Housing Element will address public, HCD, and decision-maker comments and will be presented to the Planning Commission and City Council for consideration and adoption. De Novo anticipates that up to three (3) public hearings will be held for review and adoption of the Housing Element.
Deliverables:
» Draft and Final Online Survey (electronic copy)
» Draft and Final Virtual Workshop Presentation (electronic copy) » Draft and Final Open House Presentation (electronic copy) » Draft and Final Stakeholder Survey (electronic copy)
» Interview summary memo (electronic copy)
» Draft and Final Study Session Presentation (electronic copy) TASK 4 HOUSING ELEMENT
De Novo is committed to providing the City with a useful and understandable Housing Element Update that embodies the goals and priorities of the City and is consistent with State requirements (GC Section 65583[a]).
Task 4.1 Administrative Draft Housing Element
Preparation of the Administrative Draft Housing Element will include the following sections.
Introduction
The Housing Element will include an introductory chapter that provides an overview of the Housing Element update process, housing issues facing the City, the City’s housing needs, available sites and resources, and the goals of the Housing Element.
Effectiveness of Current Housing Element
De Novo will review and evaluate the current Housing Element, General Plan, annual progress reports, and other supporting materials and will review the City's implementation of the current Housing Element, including progress made on the goals, policies, and programs in the current Housing Element, and the City's progress toward the 5th cycle RHNA. Based on the effectiveness of the existing document, input from public, and communication with City staff, we will identify successful policies and programs that should be retained as well as those that should be revised or replaced. This section will include a narrative that discusses the: (1) actual results of the current Element compared to its goals, policies, and implementation measures; (2) significant differences between objectives and actual achievements, and (3) recommended revisions to the current Housing Element goals, policies, and programs.
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Assessment of Housing Needs
To prepare a meaningful Housing Element, existing conditions must be understood and documented. De Novo will assess the housing needs of the City’s population based on its demographic characteristics and its existing housing inventory. The needs assessment will meet the requirements of GC Section 65583(a)(1,2,7) and will be based on recent available data, including data developed by the San Joaquin Council of Governments, US Census (2010 data, 2020 data if available, and 2018/2019 American Community Survey data), California Department of Finance estimates, Employment Development Department data, Department of Developmental Services data, and Point in Time reports. This work effort will address the following:
» Population, household, and employment characteristics and trends » Income characteristics
» Special needs groups
» Housing stock characteristics and housing conditions
» Comparison of affordability of housing to City income levels » Assisted housing projects at-risk of conversion to market-rate » Quantified housing needs, including the City's regional housing needs allocation and existing and projected needs for each special needs group
Fair Housing Assessment
This is a new requirement since the City's adoption of the 5th Cycle element. This section will based on the HCD's recent Affirmatively Furthering Fair Housing Guidance Memo and the State's Housing Data Viewer to identify demographic, socioeconomic, and other housing-related characteristics. The Fair Housing Assessment will include:
» A summary of fair housing issues in Ripon and an assessment of the City's fair housing enforcement and fair housing outreach capacity » An analysis of available federal, state, and local data and knowledge to identify:
▶ Integration and segregation patterns and trends, including trends based on age (seniors), familial status (female-headed households), disability, race/ethnicity, and income, ▶ Racially or ethnically concentrated areas of poverty, ▶ Disparities in access to opportunity, including employment, education, environment, and transportation factors,
▶ Disproportionate housing needs within Ripon, including displacement risk, ▶ Factors that contribute to these fair housing issues, including any local knowledge of redlining, racially-restrictive covenants, and other factors that may have influenced any identified issues, and
▶ Policies and programs in the Housing Plan developed to address identified fair housing issues and provide equitable access to a variety of housing types in areas with higher resources and opportunity.
Inventory of Housing Sites and Resources
The Housing Element will identify available resources, including land, funding, and housing programs, available to assist in addressing the City’s housing needs. We will review the City's exist- City of Ripon 6th Cycle Housing Element Update 9
De Novo Planning Group
ing inventory under the more stringent requirements of State law, which have been revised since adoption of the City's 5th Cycle Housing Element to include specific requirements for the size of lower income sites, addressing underutilized sites, use of mixed-use sites, and demonstrating realistic capacity. If a shortfall of adequate sites is projected, the Housing Plan will include a program to ensure that adequate sites are rezoned in a timely manner to accommodate the City's needs in compliance with State law. This section will include the following required topics:
» Inventory of sites suitable for residential development » City's capacity to accommodate its Regional Housing Needs Allocation » Financial and other resources
» Opportunities for residential energy conservation
Housing Constraints
Constraints to upon the maintenance, improvement, or development of housing to meet the City's housing needs will be identified. This chapter will address governmental constraints (land use controls, parking standards, etc.) and non-governmental constraints (environmental, market demand, availability of land, availability of financing, etc.). De Novo will carefully review the City's General Plan policies and standards, zoning requirements, and processes to identify potential constraints to housing development, including housing for lower income households and special needs groups.
De Novo will review the City's processes to identify if modifications need to be made to address recent changes to State law, including recent laws related to accessory dwelling unit standards and fee exemptions, low barrier navigation centers, supportive housing by right, and SB 35 streamlining requirements. De Novo will develop programs to reduce constraints, where appropriate and feasible.
Housing Element Policy/Implementation Plan
De Novo will present goals, objectives, policies, and implementation measures to address identified housing needs and constraints, consistent with the requirements of GC Section 65583(b,c). This will carry forward successful goals, policies, and measures identified in the adopted Housing Element and will provide focused updates where necessary to address the requirements of State law. Revisions to the Housing Plan will be developed to address the City’s housing needs while also remaining relevant to the City's character and protecting resources that are important to the City. The implementation plan will identify sustainable housing policies and programs, based on City staff, public and stakeholder input, City guidance, and the needs identified in the needs and constraints analysis.
De Novo will meet with City staff to discuss the proposed revisions to the City’s existing goals, policies, and programs, and De Novo will also present for discussion additional policies and strategies that fit the unique needs and character of Ripon.
Implementation measures will address both short-term and long-range strategies and may include development controls, regulatory incentives, constraint-removal programs, fair housing programs, and sources of affordable housing funding. The implementation measures will identify parties responsible for implementation, a timeframe for implementation, and funding sources. Where appropriate, phasing and financing options will be identified. Implementation measures will reflect recent legislation, and will address the following issues at a minimum:
» Conserve and Improve Existing Housing Stock
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» Promote Housing Opportunities for All Persons in the City, including provision of adequate sites to accommodate the Regional Housing Needs Allocation, development of housing to meet the needs of lower- and moderate-income households
» Affirmatively Furthering Fair Housing
» Address Housing Needs of Special Needs Populations
» Preserve Assisted Housing
» Regional Housing Needs Determination and Quantified Objectives » General Plan and Zoning Consistency
» Removal of Constraints (where appropriate and feasible) The Housing Plan will identify any necessary amendments to the Zoning Code, design guidelines and requirements, and other adopted local documents to achieve compliance with State law. We anticipate any needed revisions to the General Plan and Zoning Code will be incorporated into a separate General Plan Amendment and Rezoning program to address any shortfall of sites.
We will review proposed policies and implementation measures for internal consistency with all elements of the City’s General Plan and, if necessary, identify amendments to other General Plan elements in order to create consistency with the updated Housing Element.
Task 4.2 Draft Housing Element
Following the City's review of the Administrative Draft, we will incorporate the City's comments on the Administrative Draft Housing Element and create a Draft Housing Element for public review.
The Draft Housing Element will be available for a 30-day public review period.
Task 4.3 HCD Draft Housing Element
Following the public review period, the Draft Housing Element will be revised to include a summary of public comments and revisions to address public comments, where necessary. De Novo will provide the Administrative HCD Draft Housing Element to the City for review. Following the City's review of the proposed revisions to the document, De Novo will submit the HCD Draft Housing Element to HCD for its 90-day review period.
Task 4.4 Adoption Draft Housing Element
During the 90-day State review period, De Novo will coordinate with HCD for the State's review of the HCD Draft Housing Element. While no other State agencies are required to review the Housing Element Update, De Novo will coordinate with additional State agencies if necessary.
De Novo will coordinate closely with HCD in order to receive a letter indicating that the updated Housing Element complies with State law. Our approach to working with HCD is to be very responsive to HCD’s preliminary comments and requests. HCD typically schedules a conference call with the consultant and City staff to identify concerns with the Housing Element prior to issuing its formal comment letter. We have found that by proactively discussing potential revisions during the meeting, multiple issues can be resolved and better direction is received from HCD. Following these meetings, De Novo will immediately prepare an Addenda with revised text for City and HCD staff to review and consider before the formal letter goes out. In this manner, we work to resolve City of Ripon 6th Cycle Housing Element Update 11
De Novo Planning Group
issues during the review period in order to reduce the number of formal comments received from HCD. Upon receipt of HCD’s formal comments, if there are any remaining issues identified by the State, we will prepare proposed revisions and provide them to City staff for review.
Throughout this task, De Novo will be available for in-person or Zoom meetings with HCD staff at HCD’s offices and with City staff, as necessary.
Following the close of the public and HCD review period, we will revise the Draft Housing Element to address HCD's comments as well as any feedback provided by the community and decision-makers as part of the Community Open House and the workshop with decision-makers. Prior to release of the Adoption Draft Housing Element, City staff will be provided a Screencheck Draft for review to ensure all comments have been addressed.
Task 4.4 Final Housing Element (Adopted)
Following City Council adoption, we will revise the Housing Element to include any revisions directed by the Council. De Novo will update the cover page of the City's General Plan to reflect the adoption date of the Housing Element.
De Novo will prepare the transmittal memo for submission of the Final Housing Element and adopting resolution to HCD for review for certification. De Novo will provide any supporting information requested by HCD during its review. De Novo anticipates that the Final Housing Element will reflect any recommended addenda developed during Task 5 that addresses HCD's comments to ensure certification of the Housing Element. In our experience, the Final Housing Element is prepared to address all HCD comments that were provided during the 60-day State review period and typically requires minimal coordination with the State during this final step in the certification process.
Deliverables:
» One (1) electronic copy in Word and PDF of the Administrative Draft Housing Element, Screencheck Draft Housing Element, Screencheck Adoption Draft Housing Element for City staff review » One (1) electronic copy and three (3) bound copies of the Draft Housing Element for the City and » One (1) bound copy and one (1) electronic copy for HCD of the Draft Housing Element » One (1) electronic copy of the Adoption Draft Housing Element for review by the public, Planning Commission, and City Council
» One (1) electronic copy of the Final Housing Element for the City and one (1) bound copy and one (1) electronic copy for submission to HCD
TASK 5 CEQA COMPLIANCE
De Novo will conduct outreach to Native American tribes regarding the opportunity to comment and request consultation pursuant to AB 52 and SB 18. De Novo will prepare a brief Initial Study to identify the level of environmental review necessary. It is anticipated that the appropriate CEQA documentation will be a Notice of Exemption. Should a Mitigated Negative Declaration or Environmental Impact Report be necessary, De Novo will provide the City with a scope of work for the additional environmental review.
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TIMELINE
Our proposed timeline provides for adoption of the City's 2023-2031 6th Cycle Housing Element in November 2023, in advance of the State's December 2023 deadline. Our timeline anticipates City staff will review administrative draft documents in two weeks and screencheck documents within one week.
TASK DESCRIPTION EST. START EST. END M J J A SOND J FMAM Project Schedule
Contract Award 6/15/2023 6/30/2023
Task 1: Kickoff Meeting 6/15/2023 6/30/2023
Task 2: Project Management 6/15/2023 4/15/2024
Task 3.1: Housing Workshop + Survey* 8/1/2023 9/30/2023 Task 3.2: Open House 11/1/2023 11/30/2023
Task 3.3: Stakeholder Survey + Interviews* 8/1/2023 9/30/2023 Task 3.4: Public Hearings 3/30/2024 4/15/2024 PC CC
Task 4.1: Administrative Draft Element** 6/15/2023 10/15/2023 Task 4.2: Public Review Draft Element 11/1/2023 11/30/2023 Task 4.3: HCD Draft Housing Element 12/1/2023 2/29/2024 Task 4.4: Adoption Draft Housing Element 3/1/2024 3/30/2024 Task 4.5: Final Housing Element (Adopted) 3/30/2024 4/15/2024 Task 5.1: Native Amercian Tribal Consultation 12/1/2023 2/29/2024 Task 5.2: Notice of Exemption 2/1/2024 2/28/2024
*Schedule anticipates 1 round of public review (30 days) and 1 round of HCD review (90 days) prior to adoption Task 3: Community Outreach and Participation
Task 4: Housing Element
Task 5: Environmental Analysis
2024
Task 1: Project Kickoff
Task 2: Project Management
2023
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COST PROPOSAL
We have provided the following fee based on our estimate of the time needed to complete each task in accordance with the proposed Scope of Services. De Novo reserves the flexibility to move costs between staff members and tasks as necessary to complete the project.
Hours $200 Hours $130 Hours $120 Hours $115 Hours Fee Fee Task 1: Kickoff Meeting 2 $400 2 $260 0 $0 0 $0 4 $660 $0 $660 Task 1 Subtotal 2 $400 2 $260 0 $0 0 $0 4 $660 $0 $660
Task 2: Project Administration 24 $4,800 0 $0 0 $0 0 $0 24 $4,800 $0 $4,800 Task 2 Subtotal 24 $4,800 0 $0 0 $0 0 $0 24 $4,800 $0 $4,800 Task 3.1: Housing Workshop + Survey (1) 12 $2,400 12 $1,560 12 $1,440 8 $920 44 $6,320 $0 $6,320 Task 3.2: Open House or Study Session (1) 8 $1,600 10 $1,300 6 $720 4 $460 28 $4,080 $0 $4,080 Task 3.3: Stakeholder Survey (1) 4 $800 6 $780 12 $1,440 0 $0 22 $3,020 $0 $3,020 Task 3.4: Public Hearings (2) 16 $3,200 8 $1,040 0 $0 0 $0 24 $4,240 $0 $4,240 Task 3 Subtotal 40 $8,000 36 $4,680 30 $3,600 12 $1,380 118 $17,660 $0 $17,660 Task 4.1: Administrative Draft Housing Element 86 $17,200 118 $15,340 178 $21,360 54 $6,210 436 $60,110 $0 $60,110 Review of Current Housing Element 10 $2,000 6 $780 30 $3,600 0 $0 46 $6,380 $0 $6,380 Assessment of Housing Needs 10 $2,000 12 $1,560 40 $4,800 0 $0 62 $8,360 $0 $8,360 Fair Housing Assessment 12 $2,400 36 $4,680 40 $4,800 30 $3,450 118 $15,330 $0 $15,330 Inventory of Housing Sites and Resources 20 $4,000 20 $2,600 20 $2,400 24 $2,760 84 $11,760 $0 $11,760 Constraints 10 $2,000 20 $2,600 48 $5,760 0 $0 78 $10,360 $0 $10,360 Policy/Implementation Plan 24 $4,800 24 $3,120 0 $0 0 $0 48 $7,920 $0 $7,920 Task 4.2: Public Review Draft Housing Element 16 $3,200 20 $2,600 24 $2,880 4 $460 64 $9,140 $1,400 $10,540 Task 4.3: HCD Draft Housing Element 20 $4,000 20 $2,600 40 $4,800 8 $920 88 $12,320 $250 $12,570 Task 4.4: Adoption Draft Housing Element 20 $4,000 20 $2,600 20 $2,400 2 $230 62 $9,230 $250 $9,480 Task 4.5: Final Housing Element (Adopted) 10 $2,000 10 $1,300 0 $0 0 $0 20 $3,300 $250 $3,550 Task 4 Subtotal 152 $30,400 188 $24,440 262 $31,440 68 $7,820 670 $94,100 $2,150 $96,250 Task 5.1: Native Amercian Tribal Consultation 4 $800 12 $1,560 0 $0 0 $0 16 $2,360 $150 $2,510 Task 5.2: Notice of Exemption 4 $800 0 $0 12 $1,440 0 $0 16 $2,240 $0 $2,240 Task 5 Subtotal 8 $1,600 12 $1,560 12 $1,440 0 $0 32 $4,600 $150 $4,750 Subtotals 224 45,200 $ 236 30,940$ 304 36,480$ 80 9,200$ 844 121,820$ $ 124,120 2,300 $ TOTAL FEE $124,120
Task 5: CEQA Compliance
TASK/ACTIVITY Principal Planner Senior Planner
Task 1: Project Kickoff
Task 3: Community Outreach and Participation
Task 4: Housing Element
GIS and
Graphics TOTALS Direct
Costs
Task 2: Project Administration
ACTIVITY
TOTALS
Associate
Planner