negative declaration prior to deciding whether to approve the proposed General Plan amendment.
Section 2. The City Council of the City of South E1 Monte hereby adopts the Negative Declaration and General Plan Amendment for adoption of the Housing Element and Public Health and Safety Element.
Section 3. All evidence, both written and oral, presented during said public hearing was considered by the City Council in making its determination. Based on the record of the proceeding, the City Council hereby finds as follows:
1. In accordance with Government Code Section 65585, the City Council has reviewed the findings of HCD and finds that the Draft 2021- 2029 Housing Element has been revised to fully address each of the findings made by HCD;
2. The proposed General Plan Amendment updating the Housing Element and Public Health and Safety Element is necessary to comply with State law and is consistent with the General Plan;
3. The proposed General Plan amendment to the Housing Element and Public Health and Safety Element with Environmental Justice Element is in accordance with State law requirements. The proposed General Plan amendment will not create or result in any significant impacts to the General Plan, Zoning Code, nor be in conflict with any applicable environmental plans or policies, be incompatible with existing land uses, affect agricultural resources, or disrupt the physical arrangement of the established community. Therefore, there will be no significant land use or planning impacts associated with this project;
4. The proposed General Plan amendment will consider updated population, employment and housing statistics. However, there will be no significant impacts to the regional or local population projections, nor induce substantial growth in the City, nor displace existing housing (especially affordable housing) as the proposed General Plan amendment stresses the creation of new housing stock, the rehabilitation of existing housing units, and the conservation and preservation ofexisting housing units, all ofwhich are consistent with the estimated growth of the City as identified in the General Plan;
5. The proposed General Plan amendment does not include any physical modifications or alterations of the existing land or structures. Any physical modifications or alterations to existing land and/or structures as a result of the amendment' s objectives will be addressed through separate environmental analysis consistent with CEQA, As such, the General Plan amendment does not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below selfsustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. Further, for this reason, the proposed General Plan amendment does not have impacts that are individually limited but cumulatively considerable, nor have environmental effects that would cause substantial adverse effects on human beings, directly or indirectly; and
C
6. For reasons discussed in the Initial Study, which is incorporated herein by reference, the General Plan amendment would not have any potential to achieve short- term, to the disadvantage of long- term, environmental goals, nor would the project have impacts which are individually limited, but cumulatively considerable.
Section 4. The City Council authorizes staff to make non -substantive changes to the Housing Element as necessary to make it internally consistent, compliant with HCD requirements, and in conformity with the final City Council action on the project. Should HCD require substantial changes to the Housing Element adopted herein, staff shall bring such changes back to City Council for review and adoption.
Section 5. Any interested party may appeal this decision to the City Council pursuant to Section 17, 22. 110 of the South El Monte Municipal Code. The time within which judicial review, if available, of the City Council' s decision must be sought is governed by Section 1044. 6 ofthe California Code of Procedure and Section 1. 24.010 ofthe South El Monte Municipal Code, unless shorter tie is provided by other applicable law.
PASSED, APPROVED AND ADOPTED this 12" day of October 2021. t
Gloria OImos, ayor
A TTrCT.
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS:
CITY OF SOUTH EL MONTE )
I, Donna G. Schwartz, City Clerk of the City of South El Monte, do hereby certify that the foregoing Resolution, being Resolution No. 21- 63 was passed and approved by the City Council of the City of South El Monte, at a regular meeting of said Council held on October 12, 2021 and that said Resolution was adopted by the following vote:
AYES: Councilmember( s): Acosta, Retamoza, Mayor Pro Tern Angel, and Mayor Olmos NOES: None.
ABSENT: Councilmember( s): Delgado
1 RESOLUTION NO. 26-019
A RESOLUTION OF THE SOUTH EL MONTE CITY
COUNCIL AUTHORIZING AMENDMENT 3 TO THE
CONTRACT WITH DUDEK FOR CONSULTING SERVICES
TO UPDATE THE HOUSING ELEMENT, AND CREATE THE
SAFETY, AND ENVIRONMENTAL JUSTICE ELEMENTS
OF THE CITY’S GENERAL PLAN PREPARING AN
ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE
ARTS DISTRICT INDUSTRIAL WEST
WHEREAS, On December 8, 2020, the City Council approved an agreement with Dudek for consulting services to update the Housing Element and prepare the Safety and Environmental Justice Elements of the City's General Plan (the “AGREEMENT”). These Elements of the General Plan were accepted and adopted by the City Council on October 21, 2021. While the primary deliverables by Dudek for the General Plan updates have been completed, the AGREEMENT remains open and active; and
WHEREAS, the AGREEMENT is attached and incorporated hereto as Exhibit “A”; and WHEREAS, on January 20, 2026, the City Council provided direction to staff to create an arts district in the industrial corridor generally centered by Chico Avenue and Rush Street (Alternate 1 - Industrial West); and
WHEREAS, the City of South El Monte requires consultant services for preparation of an EIR for the creation of an arts district in the industrial corridor generally centered by Chico Avenue and Rush Street (Alternate 1 - Industrial West); and
WHEREAS, the City seeks to enter into an agreement with Dudek, in an amount not to exceed $165,000, for the preparation of the EIR as an amendment (AMENDMENT 3) the AGREEMENT; and
WHEREAS, the Parties further wish to extend the term of the services provided under the AGREEMENT by one (1) year; and
WHEREAS, the execution of AMENDMENT 3 was approved by the City Council of the City of South El Monte at its Regular Meeting held on March 17, 2026, under Agenda Item No.
10.c.
WHEREAS, the City Council wishes to authorize the City Manager, or his designee, to execute a contract with DUDEK, for such services; and
WHEREAS, under South El Monte Municipal Code Section 3.16.070, professional services are not required to go to bid through a request for proposals. This contractual amendment would be awarded based on cost savings, demonstrated competence, streamlined process, technical
ATTACHMENT B
2 continuity, and no net loss compliance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South El Monte as follows:
Section 1. The recitals set forth above are true and correct and are incorporated herein by reference.
Section 2. Section 1.8 of the AGREEMENT allows for additional services and is hereby amended to increase the Not-to-Exceed Sum an additional ONE HUNDRED AND SIXTYFIVE THOUSAND DOLLARS ($165,000). The City Council hereby authorizes the City Manager, or his designee, to execute AMENDMENT 3 to the AGREEMENT with Dudek, in an amount not to exceed $165,000 and subject to approval as to form and content by the City Attorney’s Office.
Section 3. the term of the services of the AGREEMENT is hereby extended by one year from the date of execution of the AMENDMENT 3 to the AGREEMENT to March 17, 2027; and
Section 4. Except as specifically amended by this AMENDMENT 3, all other provisions of the AGREEMENT shall remain binding and in full force and effect. This AMENDMENT 3, together with the AGREEMENT, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.
Section 5. In the event of any conflict or inconsistency between the provisions of this AMENDMENT 3 and the provisions of the AGREEMENT, the provisions of this AMENDMENT 3 shall control, but only in so far as such provisions conflict with the AGREEMENT and no further.
Section 6. The City Council further directs the City Manager or designee to take all actions necessary to effectuate the agreement.
Section 7. This Resolution shall take effect immediately upon its adoption.
Section 8. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of South El Monte this 17th day of March, 2026.
IN WITNESS THEREOF, the Parties hereto have executed this AMENDMENT 3 on the day and year shown above.
________________________
Gloria Olmos, Mayor
3 ATTEST:
________________________
Adrian Garcia, MMC, City Clerk
4 CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF SOUTH EL MONTE )
I, Adrian Garcia, City Clerk of the City of South El Monte, hereby certifies that the foregoing Resolution, being Resolution No. 26-019, was duly passed and approved by the City Council of the City of South El Monte at a regular meeting of said Council held on the 17th day of March 2026, and that said Resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Adrian Garcia, MMC, City Clerk
Cover Letter
March 11, 2026
Proposal for Housing, Safety and Environmental Justice Element Update Services – Change Order 1 Arts District Overlay
Attention: David De Vries, Director of Economic Development C/o Office of the City Clerk
1415 Santa Anita Avenue
South El Monte, California 91733
Subject: Consulting Services for the City of South El Monte’s Housing, Safety and Environmental Justice Element Update – Change Order #1 – Arts District Mixed-Use Overlay Dear Mr. De Vries,
Dudek appreciates the opportunity to present our proposal for Change Order #1 to the City of South El Monte (City’s) Housing, Safety and Environmental Justice Element Update Project. As described in more detail below, this Change Order No. 1 covers the continued provision of CEQA services, specifically the preparation and support required for the Arts District Mixed-Use Overlay.
Our understanding of the project is based on the information provided through discussions with City staff, review of project materials provided by the City, and our extensive experience working on similar projects. Dudek understands the City is proposing an Arts District with a Mixed-use Overlay within the City’s west industrial area (proposed project or project). The 215 acre proposed project area would allow for retail, restaurants, maker spaces (e.g., breweries, retail manufacturing), office, and hotel. The proposed project would also upzone an approximately 50-acre area currently zoned for industrial for mixed-use opportunities including housing especially for artists, veterans, seniors, large families, and affordable market-rate housing which would provide a built-in customer base for new retail and restaurants. It is assumed the City would also pursue tax increment financing for the Project.
Dudek understands the critical importance for the City to adequately plan for its existing and projected housing needs, including its share of the Regional Housing Needs Allocation (RHNA) as outlined in the 2014-2021 City of South El Monte Housing Element 5th Cycle Update. The proposed Arts District Mixed-Use Overlay would help the City meet their RHNA numbers by allowing for housing within an area currently zoned for industrial. Based on Dudek’s understanding of the project we believe a Programmatic Environmental Impact Report (Program EIR) is the appropriate CEQA document. Therefore, this proposal includes preparation of a Program Environmental Impact Report (Program EIR).
It should be noted that based on our knowledge of the project, preparation of an mitigated negative declaration (MND) is possible, however, if specifics about future projects within the project area are unknown at this time, future projects may be required to prepare a new CEQA document in order to analyze and mitigate impacts that were not foreseen when the MND was adopted. In addition, based on the level of public controversy and potential for project litigation (if any exists) an MND can be easily overturned in court, compared to an EIR. For the EIR, developers within the overlay area will be able to rely on the EIR for environmental compliance provided their scope is consistent with the restrictions and requirements of the overlay and associate mitigation measures.
Unless otherwise stated below, all documents will be submitted electronically to the City for review.
AMENDMENT 3
TO AGREEMENT
Scope of Work
Task 1 Project Management and Meetings
This task includes regular project management activities conducted by Dudek’s Principal-in-Charge and Project Manager, as well as other senior specialists, as needed, including the following meetings:
Kick-off Meeting: Upon receipt of the Notice to Proceed, Dudek will attend a virtual kick-off meeting with City staff and any other team members deemed appropriate by the City. The purpose of the kickoff meeting is to: (1) compile the relevant background data and reports; (2) clearly define the proposed project for the purposes of the environmental analysis; (3) receive the City’s list of cumulative projects; (4) receive available technical studies; (5) discuss the project schedule and important assumptions for achieving the schedule; (6) identify all anticipated discretionary actions; (7) establish protocols for ongoing communication; and (8) familiarize the Dudek team with the issues and concerns that the City determines to be important for analysis in the environmental document. Project Status Meetings. These meetings will be attended by Dudek’s Principal-in-Charge and Project Manager, the City’s project manager, and other specialists, as necessary. Dudek assumes Dudek’s Principal-in-Charge and Project Manager’s attendance at one kickoff conference call at the outset of the project, followed by two conference calls per month throughout the project duration. Project status meetings are assumed to occur via teleconference.
Public Meetings. This proposal assumes that Dudek’s Principal-in-Charge and/or Project Manager will attend one Planning Commission meeting and one City Council meeting in person.
Dudek’s publications department will assist with document management, maintenance of files, and version control. Publications staff can assist with meeting agenda and minutes preparation, comment matrices, and reference management to assist in overall project management. The project management budget assumes an approximately 12-month schedule for a Program EIR. If this schedule is extended, additional project management budget may be necessary. Labor will be billed on time and materials basis.
Task 2 Program EIR
Task 2.1 Project Description
Dudek will prepare a comprehensive project description which will guide the preparation of all necessary technical studies and CEQA analyses for the project. To support this effort, upon review of project data provided by the City’s staff, a list of any additional data and information needed to produce a complete project description for purposes of CEQA compliance will be provided to the City. It is assumed the City will provide a complete response to Dudek’s data request within one week of receiving it. Items requiring the draft Overlay to be included in the project description will need to wait until Planning Commission and City Council has provided direction on the project (anticipated to be May 2026). The draft project description will include a description of the project location and environmental setting, proposed project details, including project objectives, and will summarize the project’s goals, policies, and programs. Dudek will submit the project description for City review and approval.
Following one round of review, Dudek will finalize the project description for inclusion and use in CEQA document.
Task 2.2 Notice of Preparation
Dudek will prepare the Notice of Preparation (NOP) to solicit input from the public or other agencies on the scope and content of the forthcoming PEIR. Dudek will prepare the draft NOP according to the City’s standard format.
The NOP will be submitted to the City for review and approval. Dudek will also prepare a radius map (500 feet from project site boundary) and associated mailing list of owners and occupants to be provided to the City for distribution of the NOP to nearby residences. It is assumed the City will be responsible for distributing the NOP to responsible agencies and trustee agencies and any other interested parties for a 30-day public review period.
Dudek will file the NOP to the SCH.
It is assumed that the City will coordinate the logistics for the scoping meeting and that Dudek staff will not be required to attend.
Task 2.3 Technical Analyses
Task 2.2.1 Air Quality, Greenhouse Gas Emissions, and Energy Dudek will prepare a technical assessment that will assess the air quality, greenhouse gas (GHG) emissions and energy impacts of the proposed project utilizing the significance thresholds in Appendix G of the CEQA Guidelines and the South Coast Air Quality Management District’s (SCAQMD’s) emissions-based thresholds. After reviewing all available project materials, Dudek will prepare a request for any outstanding data needed to conduct the analysis. If precise information on a particular factor is not available from the City, Dudek will make every effort to quantify these items using the best available information for comparable data sources, but in all cases will consult first with the City regarding the information needed.
Air Quality
The air quality section of the environmental document will include a discussion of criteria air pollutants, the attainment status of the South Coast Air Basin, and applicable SCAQMD rules and regulations. Due to the speculative nature of construction of the project, Dudek will qualitatively evaluate regional and localized construction emissions; however, if requested by the City, a reasonable one-year development scenario could be identified and construction emissions could be quantified under a separate scope The California Emissions Estimation Model (CalEEMod) will also be used to estimate criteria air pollutant emissions generated by mobile, energy, and area sources for the expected operation. Estimated mobile emissions will be based on CalEEMod default values or data presented in a traffic study, if prepared for the project. Energy and area source emissions (e.g., natural gas combustion and consumer products) will be estimated using the default values in CalEEMod for the proposed land uses. In addition to operational emissions for the proposed project, emissions associated with operation of the existing land uses will be estimated using CalEEMod default values or site-specific data. Dudek will estimate the net change in operational criteria air pollutant emissions between the existing land uses and proposed land uses and compare the net change to the above-described significance thresholds.
Construction activities often result in a short-term increase in toxic air contaminants (TAC) emissions, specifically diesel particulate matter (DPM). For the proposed project, there are no specific construction activities or development locations proposed at this time, and the necessary inputs for dispersion modeling and a quantitative health risk assessment (HRA) would be speculative. As such, an HRA is not included in this proposal. However, in the event the City identifies specific construction activities/locations within the data request, Dudek can provide a construction HRA under a separate scope and budget. Additionally, Dudek assumes that operation of facilities that may occur with implementation of the project (not existing facilities) would not include stationary emission sources. If stationary sources are identified by the City, then Dudek can provide the scope and budget for an operational HRA under a separate scope and cost.
Dudek will qualitatively evaluate whether traffic associated with the project could lead to potential exposure of sensitive receptors to substantial localized concentrations of air pollutant emissions, specifically carbon monoxide “hot spots.” For budgetary purposes, it is assumed that no quantitative carbon monoxide hotspot modeling will be required. In addition, Dudek will qualitatively address health effects of criteria air pollutant emissions.
All Appendix G thresholds will also be evaluated, including the potential to result in other emissions such as odors or to impede attainment of the current SCAQMD air quality management plan. Details of the analysis (i.e., daily criteria air pollutant emission calculations) will be included in an appendix.
Greenhouse Gas Emissions
The GHG emissions assessment will include a setting and background discussion consisting of a summary of the greenhouse effect and global climate change and a summary of the key federal, state, and local regulatory actions and programs to reduce GHG emissions. Dudek will estimate the GHG emissions associated with operation of the project using CalEEMod based on the same operational scenario utilized in the air quality analysis. Dudek will estimate the GHG emissions associated with operation from mobile sources, energy sources (natural gas and electricity), water supply, wastewater, solid waste disposal, and refrigerants from buildout of the proposed project. Dudek will also estimate the GHG emissions from operation of the existing land uses that would change under the proposed project, which will be used to calculate the net change in GHG emissions. Dudek will present the estimated annual operational GHG emissions in metric tons of carbon dioxide equivalent (CO2e) per year in the analysis.
The impact analysis will reflect Appendix G of the state CEQA Guidelines; specifically, whether a project would (1) generate GHG emissions, either directly or indirectly, that may have a significant impact on the environment and (2) conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of GHGs. The SCAQMD GHG CEQA Significance Threshold Working Group has proposed options lead agencies can select from to screen thresholds of significance for GHG emissions in residential and commercial projects; however, no thresholds have been formally adopted. We will work with City staff to confirm application of the appropriate threshold for evaluating the project’s GHG emissions under CEQA. Our budget assumes that a simple emission-based threshold, such as the SCAQMD draft threshold of 3,000 metric tons of CO2e emissions, can be used.
Dudek will also qualitatively evaluate the proposed project’s potential to conflict with other applicable plans, policies or regulations adopted for the purpose of reducing GHG emissions such as state regulations (2030 and 2045 reduction goals identified in Senate Bill 32 and Assembly Bill 1279, respectively), CARB Scoping Plans, and the Southern California Association of Governments’ Regional Transportation Plan/Sustainable Communities Strategy.
Energy
The energy analysis will briefly summarize electricity and petroleum energy sources and the relevant regulatory framework. Dudek will prepare an energy assessment for the project per Appendix G of the CEQA Guidelines including if the project would (1) result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, and (2) conflict with or obstruct a state or local plan for renewable energy or energy efficiency. The project will be assessed regarding operational energy consumption of electricity, natural gas, and petroleum consumption, which will be quantified using CalEEMod data from the GHG assessment. Project elements that would reduce the project’s energy demand during operation will be identified in the analysis and quantified as available. Dudek assumes that the City will provide a list of the proposed project’s energy conservation measures prior to initiating air quality and GHG emissions modeling, as the energy analysis will be prepared consistent with the emissions modeling.
Task 2.2.1 Assumptions
One round of modeling for analyses is assumed for operation (existing and proposed.
Any major changes to the project description or assumptions after modeling may require out-ofscope effort. Budget does not include quantification of regional and localized construction emissions or construction energy demand
Quantitative CO hotspot modeling is not required.
Budget does not include either a construction or operational HRA. City staff will provide project-specific data for the mixed-use overlay (i.e., existing and proposed land use types, square footage, acreage, and dwelling units, if applicable) in a timely manner Details of the analyses will be included in an appendix to the EIR sections.
Task 2.2.1 Deliverables:
Draft and Final Air Quality, GHG Emissions, and Energy Sections Task 2.2.2 Archaeological Resources
This inventory will include archival research, a California Native American Heritage Commission (NAHC) Sacred Lands File (SLF) search, Native American outreach, a pedestrian survey, and documentation of results.
Records Search
Dudek will initiate work by requesting a California Historical Resources Information Systems records search of the Project area and a 0.5-mile radius from the South Central Coastal Information Center (SCCIC), which houses records on previous investigations and cultural resources for Los Angeles County. The purpose of the records search is to identify any previously recorded cultural resources that may be located within or near the Project area. In addition to a review of previously prepared site records and reports, the records search will also provide information on historical maps of the Project area, ethnographies, the National Register of Historic Places (NRHP), the California Register of Historical Resources (CRHR), the California Historic Property Data File, Built Environment Resources Directory (BERD), and the lists of California State Historical Landmarks, California Points of Historical Interest, and Archaeological Determinations of Eligibility. Finally, a review of historical maps and aerials will be conducted to better determine the history of land use and disturbance within the Project area. Dudek assumes the direct fees for the SCCIC records search will not exceed $1,000, additionally direct costs for records related fees will be provided the City. Please note that the SCCIC results may take up to 6 weeks to receive.
Native American Outreach
Upon written notice to proceed, Dudek will initiate correspondence with the California Native American Heritage Commission (NAHC) to request a search of their Sacred Lands File (SLF) for any known Native American resources identified within the Project area. As part of the results of this search, the NAHC will also provide a Contact List of local Native American tribes that may have additional information about Native American resources in the vicinity of the Project. With permission from the City, Dudek will send outreach letters via Certified Mail to all Native American representatives indicated by the NAHC to request information pertaining to tribal cultural resources in the area. Dudek assumes no more than one round of written (mail) correspondence will be required. This process is to inform the archaeological resources inventory and does not constitute consultation with tribes. Dudek will advise the City on best practices for any requested consultation and directives, but City will manage all consultations.
This Project is subject to compliance with SB 18 and AB 52, which requires lead agencies to provide tribes who have requested notification with early notice of the Project and, if requested, consultation to inform the CEQA process with respect to tribal cultural resources. While SB 18 and AB 52 are government-to-government processes between the CEQA lead agency and California Native American Tribes, Dudek can assist the lead agency, in this case the City, with their Native American consultation obligations pursuant to SB 18 and AB 52. Assistance with these efforts would be accomplished by the following: 1) conduct a meeting with the City to go over the consultation process and ask any additional Project-related questions; 2) write combined SB 18/AB 52 notification letters subject to the City’s approval and placement on City letterhead for dissemination by the City’s staff via email and USPS certified mail to each of the eligible tribal representatives pursuant to SB 18 and AB 52. The letter will include, but may not be
limited to, the following: location of the Project APE and associated figure, a summary of the proposed Project and objectives including extent of ground disturbing activities (if known), agency contact information, and a clear statement requesting all communication within 30 days of receipt of notification under AB 52 and 90 days of receipt of notification for SB 18.
Archaeological Pedestrian Survey
Upon completion of the records search, Dudek will conduct a pedestrian survey of the Project area for archaeological resources (prehistoric and historic archaeological resources). A Dudek archaeologist will conduct a reconnaissancelevel field survey of the Project area to confirm the existing conditions. Because the Project area is developed largely with an asphalt-paved roadway and concrete sidewalks, formal transects will not be walked. Instead, one (1) archaeologist will inspect areas where the ground surface is visible to identify artifacts or indications that subsurface deposits may be present. Dudek assumes that there will be no access issues to the Project area, and that no Native American monitor is required during the pedestrian survey. Should the City require a Native American monitor to be present during survey as a result of consultations, this scope and cost will be augmented as appropriate and Dudek will contract with a local Native American tribe to provide monitors.
For the purposes of this scope of work and fee estimate, Dudek assumes that the survey will be negative for archaeological resources (i.e., no previously recorded archaeological resources will require updates, and no previously unrecorded archaeological resources will be encountered). Therefore, it is assumed that no cultural resource evaluations will be conducted, nor will any artifacts be collected during the survey. Should any new resources be encountered during the survey requiring recordation, Dudek will work with the City to augment this scope and fee as appropriate.
Archaeological Resources Inventory Letter Report
Dudek will prepare an Archaeological Resources Inventory Letter Report that will summarize the results of the CHRIS records search, NAHC SLF search (if conducted), background research, and pedestrian survey, and will include a brief Project description, a review of the geotechnical report prepared for the proposed Project area (if available), and any management recommendations pursuant to applicable state and local regulations. The report will provide an assessment of the potential for the proposed Project area to contain archaeological resources and the potential for proposed Project implementation to impact archaeological resources. Dudek assumes no more than one draft and one final version of the report will be required (see deliverables listed below).
Dudek will also conduct limited background research to develop a Project-area context for the CEQA document; and a limited GIS sensitivity model based on existing knowledge of archaeological resources (prehistoric and historic period), to better support conclusions regarding the potential to encounter archaeological resources.
Dudek anticipates the sensitivity model to include input from consulting tribes regarding tribal archaeological resources. No resource evaluations will be conducted as part of the analysis, nor will any intensive-level surveys.
Task 2.2.2 Assumptions
Access will be obtained to all survey areas and access constraints and/or protocol will be communicated to Dudek prior to survey mobilization.
Pedestrian survey will be completed by one archaeologist in a single field day. Direct costs for the SCCIC records search will not exceed $1,000. Assumes one round of review by the City on the Archaeological Resources Technical Report It is assumed that formal SB 18 and AB 52 consultation or other tribal outreach not included in this scope, if required, will be conducted by the City and no attendance of Dudek staff to virtual or in person meetings will be required. If it is determined that support, outside of the estimated scope and cost, is required or desired to assist in the City’s Tribal consultation process pertaining to the proposed Project, Dudek will provide an augment to this scope of work and associated costs, accordingly.
Assumes no more than three (3) drafts of SB 18/AB 52 notification letters or rounds of responses will require support.
Assumes no more than three (3) one-hour virtual meetings supporting tribal engagement/consultation will occur.
This scope of work does not include any on-site meetings to support consultation, although we can work with you, as needed, and dependent on available budget.
Task 2.2.2 Deliverables
Draft and Final Archaeological Resources Technical Report SB 18/AB 52 notification letters
Task 2.2.3 Built Environment
A qualified Dudek senior architectural historian who meets the Secretary of the Interior’s Professional Qualification Standards for historian or architectural historian will review and summarize the CHRIS records search with a focus on built environment properties (included in the scope for archaeology), the California Office of Historic Preservation’s Built Environment Resources Directory, and any locally designated resources in the Project area. Dudek assumes this research will be limited to a desktop review, available online.
Dudek will summarize the background information in the CEQA document and prepare a map of the Project area that includes locations of previously identified properties that are considered built environment CEQA historical resources. Additionally, Dudek will conduct a desktop level survey of properties over 45 years old, which will be identified on the map. No windshield or intensive level field survey of known or unknown (properties over 45 years old) will be conducted as part of this scope of work. Dudek will prepare a focused historic context for the CEQA document for the Project area. As part of this task Dudek will conduct desktop archival research. No in-person archival research is assumed. No resource evaluations will be conducted as part of the analysis and no DPR 523 form sets will be prepared. Dudek will prepare the Cultural Resources section of the CEQA document to present the existing conditions of the Project area and to provide an overview of built environment CEQA historical resources constraints. The section will include CEQA impact analysis and management recommendations, if necessary.
Task 2.2.3 Deliverables:
Built environment analysis in Cultural Resourcess Section of the CEQA document Task 2.2.4 Noise
Dudek will evaluate construction noise and vibration for three project examples, including conversion of existing industrial space to mixed use (e.g., retail, restaurants, office, hotel, housing, maker spaces), demolition and replacement with a medium size building (2,500 – 7,500 square foot floor area based on a 1 to 2 FAR), and demolition and replacement with a large size building size building (greater than 7,500 square foot floor area based on a 1 to 2 FAR). A distance radius for each of the two building types will be identified, within which construction noise mitigation may be required if noise-sensitive uses are present (i.e., residential units or spaces).
Dudek will perform a qualitative assessment of traffic noise increases for the project, focusing on the potential for the project to significantly increase (based on a build out between a 1 and 2 FAR) the number of average daily trips on the local roads within the overlay district, as well as those providing regional access to the overlay district.
Since a doubling of added trips on a roadway segment would increase noise by approximately 3 dBA (which is the threshold for a noticeable change in the ambient noise environment), noticeable traffic increases would not occur unless the project is anticipated to more than double the existing number of trips on local roadways.
Dudek will also qualitatively evaluate non-transportation stationary operation noise (i.e., new HVAC equipment, and amplified or live music from ground floor and rooftop restaurants/bars, and street closure events (e.g., makers/arts fairs) and recommend mitigation measures to reduce impacts on noise and vibration at existing and
potential new residents, to the extent feasible. The results of the analysis will be presented in a Noise Technical Memorandum.
Dudek will also qualitatively evaluate non-transportation stationary operation noise (i.e., new HVAC equipment) and recommend mitigation measures to reduce impacts on noise and vibration to the extent feasible. The results of the analysis will be presented in a Noise Technical Memorandum.
Task 2.2.4 Assumptions
Assumes one round of review by the City on the Noise Technical Memorandum Task 2.2.4 Deliverables:
Draft and Final Noise Technical Memorandum
Task 2.2.5 Transportation Analysis
Dudek’s in-house Transportation planners and engineers will prepare a transportation assessment for the proposed project which would develop a new Arts District Overlay and a Mixed-Use Overlay within the West Industrial District in the City of South El Monte. The transportation assessment will be prepared consistently with City’s guidelines and significance thresholds for VMT per CEQA requirements, the Governor’s Office of Planning and Research’s (OPR) Technical Advisory on Evaluating Transportation Impacts in CEQA, and the City’s General Plan Circulation Element.
Vehicle Miles Traveled Analysis
Based on an initial review of the San Gabriel Valley Council of Governments (SGVCOG) VMT Assessment tool, at least some (and potentially all of the project parcels) would not be screened from a project-level VMT analysis.
Therefore, the VMT of the proposed project and the forecast regional VMT will be calculated using either the SGVCOG subarea model or the Southern California Association of Government (SCAG) Travel Demand Model, per direction from the City. The transportation analysis zones (TAZs) of the project area will be modified with the land uses of the proposed project, and a Select Zone model run will be performed to determine the project’s trip assignment. As part of the Select Zone run, the VMT estimate of the project will be determined. Then, the regional VMT estimate for the study area region (extent to be determined by the City) will also be provided from travel demand models. VMT estimates will be analyzed for the Baseline plus Project and Cumulative plus Project conditions. If VMT impacts are found, Dudek will coordinate with the City to determine the appropriate VMT reduction strategies to mitigate project impacts (e.g., mixed-use, micromobility along river trails, improved access to transit, bike and scooter rentals).
Transit, Pedestrian and Bicycle Facilities, and Project Access Dudek will qualitatively analyze the transit, pedestrian, and bicycle facilities that serve the project area, including an analysis of potential hazards; evaluate potential impacts to emergency access; and recommended improvements to minimize any potential impacts.
The methodologies, analysis, findings, and mitigation measures (if required) will be provided in a Transportation Technical Memorandum. The memo will include all necessary tables, figures, and attachments. A draft memorandum will be submitted to the City for review. This scope assumes one round of review by the by the City.
Once comments are received from the City, Dudek will prepare a final memorandum for use in the project’s CEQA document.
Task 2.2.5 Assumptions
Assumes one round of review by the City on the Transportation Technical Memorandum Task 2.2.5 Deliverables:
Draft and Final Transportation Technical Memorandum Task 2.4 Administrative Draft EIR
Dudek will prepare a comprehensive, accurate, and objective Program EIR for the project in compliance with CEQA and the CEQA Guidelines (both as amended throughout submittal of the EIR), and all applicable guidance and procedures established by the City for the purpose of environmental review. The EIR will include a detailed project description based on material provided to Dudek by the City, regional and local project location maps, land use plans, allowable uses, development standards and drawings of the proposed project, and a discussion of the project’s environmental setting. Dudek assumes that the City, or its designee, will provide detailed project information sufficient for CEQA analysis.
The main purpose of the Program EIR is to thoroughly and accurately analyze the environmental impacts of the proposed project as a comprehensive examination that involves a series of related actions. The document will, as much as possible, be free of industry jargon so that the information it contains is accessible to the City, decision makers, and the public. The methodology and criteria used for determining the impacts of the project will be clearly and explicitly described in each section of the Program EIR, including any assumptions, models, or modeling techniques used in the analysis.
Dudek assumes that the project description prepared at the outset and approved by the City prior to circulating the NOP, will not change once the Program EIR analysis commences. In our experience, developing an accurate, finite, and stable project description prior to beginning substantial work on the environmental document has proven to expedite the preparation and processing of a Program EIR. Our CEQA lead will attend two coordination meetings with the City and project team to discuss the Administrative Draft prior to or after its submittal to the City.
The following is a preliminary outline of the content and specific sections to be included in the Draft EIR analysis. Table of Contents. The table of contents will contain a list of Program EIR contents, including text discussions and lists of tables and exhibits. It will also include a list of appendices. Executive Summary. Pursuant to Section 15123 of the CEQA Guidelines, the summary will contain an overview of the proposed project, including a list of required discretionary approvals. The summary will also include impacts and mitigation measures; known areas of controversy, including issues raised by other agencies and the public; and alternatives to the proposed project. Introduction. The Introduction chapter of the Program EIR will define the purpose, scope, and legislative authority of the Program EIR; the requirements of CEQA; and other pertinent environmental rules and regulations. This section will also describe the environmental procedures used to prepare the analysis. The intended uses of the Program EIR will be outlined. A list of discretionary approvals will also be included. In addition, a list of related agencies and approvals will be included. Major known issues or issues of controversy will be summarized. Finally, a summary of the document organization will be included. Project Description. The bulk of this chapter will be prepared prior to circulating the NOP. However, a list of relevant projects to be utilized throughout the cumulative impacts analysis will be included at this stage, as will be a summary of the cumulative impact assessment approach. Environmental Analysis. Dudek will conduct analyses to evaluate the proposed project at a programmatic level. All resource topics in CEQA Appendix G will be analyzed. The solutions will take into account the allowable uses and development standards so that new development within the district adhering to the provisions can reference this EIR and note any required mitigation measures to satisfy CEQA requirements for their projects. We will conduct technical desktop research and modeling consistent with the tasks proposed under Task 2.3. If mitigation measures would be required to reduce environmental
impacts associated with the proposed project, these mitigation measures would be incorporated into each section of the environmental analysis.
Cumulative Effects. The cumulative analysis will be qualitative in nature and will be based upon known projects, either approved, proposed (applications on file), or reasonably foreseeable, within a defined area around the proposed project, as determined by the factors relevant to each environmental issue area. The cumulative impact assessment will be based on potential development projects that may, in combination with the proposed project, create cumulatively considerable environmental impacts, as required by Section 15130 of the CEQA Guidelines.
Alternatives to the Proposed Project. To accurately define alternatives, Dudek will work with the City to clearly articulate project objectives during Task 2.1. Dudek will then develop feasible alternatives that would avoid or substantially reduce one or more project impacts. We assume that three alternatives would be developed, including the mandatory “No Project” alternative. The section will also consider alternatives that were considered but deemed infeasible and not further analyzed.
The alternatives will be described in a sufficient level of detail to allow meaningful comparison with the proposed project. Each alternative will be evaluated with respect to each key impact category. The rationale for the inclusion of each alternative and its ability to meet project objectives will be discussed, and the environmentally superior alternative will be identified.
Other CEQA Considerations. This section will briefly summarize impacts found to be less than significant (and not included in the impact analysis chapters), identify those impacts found to be significant and unavoidable, and discuss potential growth-inducing impacts and irreversible impacts of the proposed project. Preparers and Contributors. This chapter will contain a list of organizations and persons consulted during preparation of the Program EIR and will list all persons involved in the preparation of the document and their title and role, as well as contributors to the content of the Program EIR. References and Acronyms. The Program EIR will include a list of all references cited during preparation of the Program EIR. It should be noted that it is Dudek’s standard policy that a digital copy of all references used to prepare the Administrative Draft Program EIR can be submitted to the City, if necessary, during the time of initial review. The Program EIR will also provide a list of acronyms and their definitions as used in the Program EIR.
Technical Appendices. Additional information, such as the scoping process and any technical data prepared for the EIR, will be included as appendices to the Program EIR.
CEQA Mandated Sections: In addition to each of the environmental issue areas outlined previously, Dudek will analyze and prepare all additional CEQA mandated EIR sections in accordance with the criteria, standards, and procedures of CEQA and the Guidelines, as amended. This analysis will include a discussion of the irreversible environmental changes that could result from the proposed project, unavoidable significant impacts and those effects found not to be significant.
Task 2.5 Screencheck Draft EIR
Upon receipt of a consolidated set of review comments from the City, Dudek will revise the Administrative Draft Program EIR to be responsive to comments raised. This scope of work assumes that no new or revised technical studies will be required. Dudek will provide the City with a Screencheck Draft of the Program EIR for final review and comment. For cost-estimating purposes, Dudek assumes that the final round of review, comment, and revisions will only require minor text edits and changes to the screencheck.
Task 2.6 Public Review Draft EIR
Following final approval of the screencheck, Dudek will prepare a Public Review Draft Program EIR for the 45-day public review period. Dudek will prepare drafts of both the Notice of Availability (NOA) and the NOC for City review.
Upon receipt of City review comments, Dudek will finalize these documents for City signature and distribution.
Dudek will be responsible for providing the NOC, Document Summary, and Draft Program EIR to the SCH for posting on CEQANet will file the documents with the Los Angeles County Clerk. Dudek will provide the City with finalized electronic and printed versions of the document in the original format (e.g., Microsoft Word, Excel) and as a PDF. Dudek will advise the City on public notice and circulation requirements and recommendations and the City will handle these other public circulation tasks, including newspaper publication, and distribution to responsible and trustee agencies, surrounding jurisdictions, and other interested parties pursuant to a distribution list prepared by the City as advised by Dudek.
Task 2.7 Final EIR and Mitigation Monitoring and Reporting Program At the close of the public review period, Dudek will review, organize, and categorize the comments received and meet with City staff to develop the strategy for responding to substantial comments. Mitigation measures should be practical for developers to implement. Dudek will prepare draft responses to comments along with a draft of the final EIR (preface/summary of modifications). Dudek will also prepare a draft of the MMRP for review and comment by City staff.
After City review and approval of the draft final EIR and associated documents, Dudek will prepare the Final EIR and final approval documents (see Task 2.8 CEQA Findings of Fact and Statement of Overriding Considerations). For cost estimation purposes, Dudek assumes that no more than 15 individual public comments will be received (one comment letter may contain multiple individual comments) and responses to these comments will not necessitate substantial revisions to the project description or technical analyses. Any additional analysis required in the technical reports prepared by Dudek as a result of public comments will be addressed by Dudek. Once the EIR has been certified by the City Council, Dudek will prepare a final Notice of Determination for City transmittal to the Los Angeles County Clerk’s Office and filing with SCH. Dudek assumes that the City will be responsible for paying filing and wildlife agency fees for the NOD ($4,252.00).
Task 2 Assumptions
Assumes one round of review of City of review of the NOP. City will be responsible for public distribution related to the NOP, including mailing of notices to interested parties and surrounding property owners, publication in the local newspaper, and other requirements of the City or CEQA as noted above.
The City will upload the NOP to the City’s website.
Dudek will file NOP with the SCH.
City will provide a complete response to Dudek’s data request within one week of receiving it. Items requiring the draft Overlay to be included in the project descripiton will need to wait until Planning Commission and City Council has provided direction on the project (anticipated to be May 2026).
Assumes one round of review/comment from the City on the Draft Project Description. Once finalized, the project description will remain stable and therefore allow for technical analyses to be initiated.
City will complete the distribution and noticing requirements per CEQA. City will be responsible for distributing the NOP to responsible agencies and trustee agencies and any other interested parties
City will be responsible for publication and associated fees for the NOP in a local newspaper, if required.
If recirculation of the Draft PEIR is required due to changes in the project after public review, then Dudek can coordinate all requirements for recirculation at an additional cost. Cost estimate assumes that the City receives no more than 15 unique and substantive letters on the Draft PEIR during the public review period, as noted above. Dudek will be responsible for preparing the NOD and City will be responsible for mailing it and paying filing and wildlife agency fees for the NOD.
Task 2 Deliverables
Draft and Final Project Description
Draft and Final NOP
File NOP to the SCH
Attendance and minutes from one public scoping meeting Administrative Draft EIR
Screencheck Draft EIR
Public Review Draft EIR
Draft and Final NOA,NOC, and NOD for Final EIR
Final EIR
Optional Task 3: Quantification of Construction Emissions If this optional task is selected, Dudek will estimate criteria air pollutant and GHG emissions associated with construction of the proposed project using CalEEMod. The analysis of short-term construction emissions will be based on a reasonable one-year scenario of construction that may occur under the project, which will be developed in consultation with City staff. A project-specific land use development scenario will be used in conjunction with CalEEMod default values for phasing and probable construction activities (e.g., construction equipment type and quantity, workers, and haul trucks) and/or standardized approaches. Dudek will then evaluate the significance of the construction emissions based on SCAQMD significance thresholds. The project will also be assessed regarding construction energy consumption of electricity, natural gas, and petroleum consumption.
Task 3 Deliverables:
Findings included in the Draft and Final GHG Program EIR ection Optional Task 4 : Quantitative Traffic Noise Assessment If this optional task is selected, Dudek will quantitatively assess local changes to traffic noise by comparing existing and future average daily traffic (ADT) volumes along 8 key roadway segments within, and extending outside of, the proposed Arts District Overlay zone. Because the current CEQA thresholds for traffic impacts are based upon the VMT, the Dudek transportation team would perform a roadway segment operations (level of service or LOS) analysis for the following roadways in the study area:
1. Rush Street – Portrero to Rosemead Blvd.
2. Chico Ave – Remer to Fern
3. Remer Street
4. Alpaca Street - Chico to Portrero
5. El Poche Street
6. Klingerman Street – West terminus to Merced Avenue
7. Kale Street – Portrero to Seaman
8. Portrero Avenue – Denford to Kale
New average daily traffic counts will be collected at the roadway segments above, and will include vehicular, bicycle, and pedestrian volumes, as well as vehicle axle-classifications. The analysis will be prepared at the study area locations for the existing and existing plus project conditions. The project conditions (e.g., project trips) will be obtained from the travel demand model run to be conducted as part of the Vehicle Miles Traveled analysis.
Traffic noise for the existing and existing plus project conditions scenario will be estimated with the Federal Highway Administration (FHWA) Traffic Noise Model (version 2.5) or an alternative method at Dudek discretion.
Task 4 Assumptions
Assumes one round of review by the City on the quantitative traffic noise assessment included in the Noise Technical Memorandum
Task 4 Deliverables:
Quantitative Traffic Noise Assessment included in the Draft and Final Noise Technical Memorandum
Optional Task 5 : CEQA Findings of Fact and Statement of Overriding Considerations
If this optional task is selected, Dudek will prepare the findings of fact for certification of the Final EIR. Should the EIR conclude that the proposed project will result in one or more unavoidable, adverse environmental effect(s) that cannot be mitigated to a less-than-significant level, Dudek will prepare a statement of overriding considerations.
Task 5 Assumptions
Assumes one round of review by the City on the Findings of Fact and Statement of Overriding Considerations
Task 5 Deliverables:
Draft and Final Findings of Fact and Statement of Overriding Considerations Conceptual Schedule
Table 1, Program EIR Schedule presents the time schedule for each phase or task outlined above. The schedule assumes 12 weeks for preparation of the technical studies and a 12-month schedule for preparation and completion of a Program EIR.
Table 1, Program EIR Schedule
Task Duration
Formal Notice to Proceed/Kickoff Meeting Week 1
Dudek prepares NOP Week 1
Task Duration
Develop Project Description, submit to City for review and confirmation to use in technical analyses and EIR; develop data needs request for any missing information. Items requiring the draft Overlay to be included in the project description will need to wait until Planning Commission and City Council has provided direction on the project (anticipated to be May 2026).
Week 2
City provides feedback on draft Project Description and confirms/approves use in technical analyses and for EIR Week 3
NOP Public Review (30 days) Weeks 3-7
Preparation of Technical Analyses and Studies Weeks 4–12 Preparation of Administrative Draft EIR Weeks 8-19
City reviews and provides comments Weeks 20–23
Preparation of Screencheck Draft EIR Weeks 24-28
City reviews and provides comments Weeks 29-30
Dudek revises and gets EIR ready for publication Week 31 Public Review Draft EIR (45 days) Weeks 32-39
Preparation of Final EIR (includes response to comments, MMRP, changes to Draft EIR, if applicable)
Weeks 39-42
City reviews and provides comments Weeks 43-44
Dudek revises Final EIR and prepares Findings of Fact, Statement of Overriding Considerations (Optional)
Weeks 45-46
City reviews Findings of Fact, Statement of Overriding Considerations Weeks 46-47 Dudek finalizes Final EIR, Findings of Fact, Statement of Overriding Considerations
Week 48
Project Management, Meetings, and Hearings Ongoing
Notice of Determination Post at County Clerk’s Office within 5 days of project decision
Fee Estimate
Dudek has prepared a cost estimate that is competitive, yet accurately reflective of the level of effort required to complete the scope of services based on our understanding of the proposed project with the information made available to date. Factors that would increase the scope of work and estimated costs outlined in this proposal include but are not necessarily limited to any of the following:
Attendance at additional meetings
Printing of copies of reports (copies will only be printed upon request by the City); Dudek will print two copies of any documents requiring public review with delivery to the City. Analysis of additional issues above those discussed in this proposal, or a more detailed level of analysis than described in this proposal
Changes in the project requiring re-analysis or re-writing of report sections
Collection of additional data
Table 3, Fee Estimate, includes Dudek’s cost estimate for preparation of a Program EIR. The hourly rates include fringe benefits, indirect costs, and profit. The Dudek team will bill on a time-and-materials basis.
Table 2, Fee Estimate
Task Cost
Task 1 Project Management and Meetings $17,861.00
Task 2: Program EIR
Task 2.1: Project Description $5,400.00
Task 2.2: NOP $7,817.50
Task 2.3 Technical Analyses
Task 2.3.1: Air Quality, Greenhouse Gas Emission, and Energy $15,515.0 Task 2.3.2: Archaeological Resources $12,195.0
Task 2.3.3: Built Environment $8,635.00
Task 2.3.4: Noise $9,210.00
Task 2.3.5: Transportation Analysis $15,815.00
Task 2.4: Administrative Draft EIR $33,444.50
Task 2.5: Screencheck Draft EIR $12,985.00
Task 2.6: Public Review Draft EIR $8,705.00
Task 2.7: Final EIR and MMRP $17,400.00
Total * $164,983.00
Optional Tasks Cost
Task 3: Quantification of Construction Emissions $2,050.00 Task 4 : Quantitative Traffic Noise Assessment $21,945.00 Task 5: CEQA FOF and Statement of Overriding Considerations $8,300.00 Total with Optional Tasks $197,278.00
*Includes cost of Task 1: Project Management and Meetings We welcome any questions and look forward to the opportunity to further discuss our unique approach, capabilities, and proven track record with similar projects. You may reach Chelsea Ohanesian, at [email protected] or (760) 479-4863.
Sincerely,
_____________________________________
Chelsea Ohanesian
Project Manager
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Attachment A
2026 Schedule of Charges
INTENTIONALLY LEFT BLANK
DUDEK 2026 Standard Schedule of Charges
Engineering Services
Project Director........................................................................$350.00/hr Principal Engineer lll................................................................$330.00/hr Principal Engineer II ................................................................$310.00/hr Principal Engineer I .................................................................$300.00/hr Program Manager....................................................................$285.00/hr Senior Project Manager ..........................................................$285.00/hr Project Manager......................................................................$275.00/hr Senior Engineer III....................................................................$270.00/hr Senior Engineer II.....................................................................$260.00/hr Senior Engineer I......................................................................$250.00/hr Project Engineer IV/Technician IV .........................................$240.00/hr Project Engineer llI/Technician III..........................................$230.00/hr Project Engineer lI/Technician II............................................$215.00/hr Project Engineer I/Technician I..............................................$200.00/hr 3D Production Manager..........................................................$225.00/hr Senior Designer II.....................................................................$220.00/hr Senior Designer I......................................................................$210.00/hr Designer...................................................................................$195.00/hr Assistant Designer...................................................................$190.00/hr CADD Operator III.....................................................................$210.00/hr CADD Operator II......................................................................$205.00/hr CADD Operator I.......................................................................$165.00/hr CADD Drafter............................................................................$185.00/hr CADD Technician .....................................................................$135.00/hr Project Coordinator II ..............................................................$165.00/hr Project Coordinator I ...............................................................$135.00/hr Engineering Assistant..............................................................$130.00/hr Environmental Services
Senior Project Director............................................................$375.00/hr Project Director........................................................................$350.00/hr Senior Specialist V...................................................................$290.00/hr Senior Specialist IV..................................................................$275.00/hr Senior Specialist III..................................................................$260.00/hr Senior Specialist II...................................................................$245.00/hr Senior Specialist I....................................................................$230.00/hr Specialist V...............................................................................$220.00/hr Specialist IV..............................................................................$205.00/hr Specialist III..............................................................................$195.00/hr Specialist II...............................................................................$185.00/hr Specialist I................................................................................$175.00/hr Analyst V...................................................................................$165.00/hr Analyst IV..................................................................................$155.00/hr Analyst III ..................................................................................$145.00/hr Analyst II ...................................................................................$135.00/hr Analyst I ....................................................................................$115.00/hr Technician IV............................................................................$105.00/hr Technician III............................................................................$95.00/hr Technician II.............................................................................$85.00/hr Technician I..............................................................................$75.00/hr Project Coordinator II ..............................................................$165.00/hr Project Coordinator I ...............................................................$135.00/hr Mapping and Surveying Services
UAS Pilot...................................................................................$180.00/hr Survey Lead .............................................................................$310.00/hr Survey Manager.......................................................................$270.00/hr Survey Crew Chief....................................................................$205.00/hr Survey Rod Person..................................................................$155.00/hr Survey Mapping Technician ...................................................$145.00/hr Construction Management Services
Principal Manager ...................................................................$225.00/hr Senior Construction Manager ................................................$195.00/hr Senior Project Manager ..........................................................$190.00/hr Construction Manager ............................................................$190.00/hr Project Manager/Construction Management.......................$180.00/hr Resident Engineer...................................................................$175.00/hr Construction Engineer.............................................................$180.00/hr On-site Owner’s Representative.............................................$165.00/hr Prevailing Wage Inspector......................................................$165.00/hr Construction Inspector............................................................$155.00/hr Administrator/Labor Compliance...........................................$130.00/hr Hydrogeology/HazWaste Services
Project Director........................................................................ $350.00/hr Principal Hydrogeologist/Engineer III .................................... $330.00/hr Principal Hydrogeologist/Engineer II ..................................... $320.00/hr Principal Hydrogeologist/Engineer I ...................................... $310.00/hr Senior Hydrogeologist V/Engineer V...................................... $285.00/hr Senior Hydrogeologist IV/Engineer IV.................................... $275.00/hr Senior Hydrogeologist III/Engineer III.................................... $265.00/hr Senior Hydrogeologist II/Engineer II...................................... $255.00/hr Senior Hydrogeologist I/Engineer I........................................ $245.00/hr Project Hydrogeologist V/Engineer V..................................... $235.00/hr Project Hydrogeologist IV/Engineer IV................................... $225.00/hr Project Hydrogeologist III/Engineer III ................................... $215.00/hr Project Hydrogeologist II/Engineer II ..................................... $205.00/hr Project Hydrogeologist I/Engineer I ....................................... $195.00/hr Hydrogeologist/Engineering Assistant .................................. $150.00/hr HazMat Field Technician ........................................................ $140.00/hr District Management & Operations
District General Manager ....................................................... $225.00/hr District Engineer...................................................................... $230.00/hr Operations Manager............................................................... $170.00/hr District Secretary/Accountant................................................ $155.00/hr Collections System Manager.................................................. $155.00/hr Grade V Operator .................................................................... $145.00/hr Grade IV Operator ................................................................... $130.00/hr Grade III Operator.................................................................... $120.00/hr Grade II Operator..................................................................... $100.00/hr Grade I Operator...................................................................... $95.00/hr Operator in Training ................................................................ $85.00/hr Collection Maintenance Worker............................................. $90.00/hr Project Delivery Services
Technology Specialist II .......................................................... $245.00/hr Technology Specialist I ........................................................... $190.00/hr GIS Analyst V............................................................................ $220.00/hr GIS Analyst IV........................................................................... $200.00/hr GIS Analyst III........................................................................... $185.00/hr GIS Analyst II............................................................................ $145.00/hr GIS Analyst I............................................................................. $130.00/hr Creative Services IV ................................................................ $190.00/hr Creative Services III................................................................. $165.00/hr Creative Services II.................................................................. $150.00/hr Creative Services I................................................................... $135.00/hr Technical Editor lV................................................................... $190.00/hr Technical Editor lll ................................................................... $165.00/hr Technical Editor ll.................................................................... $155.00/hr Technical Editor l..................................................................... $135.00/hr Publications Specialist lV........................................................ $140.00/hr Publications Specialist lll........................................................ $130.00/hr Publications Specialist ll......................................................... $120.00/hr Publications Specialist l.......................................................... $110.00/hr Clerical Administration............................................................ $100.00/hr Expert Witness – Court appearances, depositions, and interrogatories as expert witness will be billed at 2.00 times normal rates.
Emergency and Holidays – Minimum charge of two hours will be billed at 1.75 times the normal rate.
Material and Outside Services – Subcontractors, rental of special equipment, special reproductions and blueprinting, outside data processing and computer services, etc., are charged at 1.15 times the direct cost.
Travel Expenses – Mileage at current IRS allowable rates. Per diem where overnight stay is involved is charged at cost
Invoices, Late Charges – All fees will be billed to Client monthly and shall be due and payable upon receipt. Invoices are delinquent if not paid within 30 days from the date of the invoice. Client agrees to pay interest at a 10% annual rate for amounts unpaid greater than 30 days after the date of the invoice.
Annual Increases – Unless identified otherwise, these standard rates will increase in line with the CPI-U for the nearest urban area per the Department of Labor Statistics to where the work is being completed) or by 3% annually, whichever is higher.
Prevailing Wage – The rates listed above assume prevailing wage rates do not apply.
If this assumption is incorrect Dudek reserves the right to adjust its rates accordingly.
DocuSign Envelope ID: 0E2CB7CF-19E9-4146-8412-92F7 430A9ABD AMENDMENT NO. 2
TO AGREEMENT FOR CONTRACTUAL SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR CONTRACTUAL SERVICES ("Amendment") by and between the CITY OF SOUTH EL MONTE, a California municipal
3..Q'.
corp5lation ("City"), and DUDEK, a California corporation ("Consultant"), is effective as of the aay of May 2024 (collectively, the "Parties").
RECITALS
A. City and Consultant entered into that certain Agreement for Contractual Services dated 19th day of October, 2020 ("Agreement") whereby Contractor agreed to provide Consultant Services to update the 6th Cycle Housing element of the City's General Plan.
B. The California Department of Housing and Community Development ("HCD") requested revisions to the 6th Cycle Housing element in July 2022, and submission of these revisions is required in order to obtain a certified 6th Cycle Housing Element from the HCD.
C. In light of the revisions requested by HCD in order to obtain a certified 6th Cycle Housing Element, the Agreement required Amendment o. l increasing the not-to-exceed sum by an additional Sixteen Thousand Two Hundred and Ten Dollars and Zero Cents ($16,210.00) to complete services per the Agreement.
D. Pursuant to Section 1.8 of the Agreement, the City has the right to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the City's Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform ofup to one hundred eighty (180) days, may be approved by the Contract Officer.
E. Pursuant to Section 2.1 of the Agreement, the total not-to-exceed sum (the "Contract Sum") to complete services is currently One Hundred Ninety ine Thousand Nine Hundred and Five Dollars and Zero Cents ($199,995.00).
F. In light of HCD's additional requested revisions to the 6th Cycle Housing element on February 15, 2024, additional modifications to the Housing Element were necessary. As such, a second amendment to the Agreement is needed in the amount of three thousand seven hundred and eighty-five dollars ($3,785).
G. Pursuant to Section 4.3 and Section 1.8 of the Agreement, the City's Contract Officer may approve the increase in compensation of $20,000 (first amendment at $16,210.00 plus this second amendment at $3,785) because it is less than either I 0% of the Contract Sum or $25,000.
EXHIBIT "A"
AGREEMENT
RESOLUTION NO. 23- 47
A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL
APPROVING AMENDMENT NO. 1 TO THE AGREEMENT
WITH DUDEK FOR CONSULTING SERVICES TO UPDATE
THE HOUSING ELEMENT OF THE CITY' S GENERAL PLAN
THE SOUTH EL MONTE CITY COUNCIL HEREBY RESOLVES AS FOLLOWS:
WHEREAS, the City and Dudek " Consultant," entered into an (" Agreement") for contractual services dated October 19th 2020 whereby Contractor agreed to provide services related to and completion of an updated 6th Cycle Housing Element of the City' s General of the
Plan; and
WHEREAS, The California Department of Housing and Community Development HCD") requested revisions to the 6th Cycle Housing Element in July 2022, and submission of these revisions is required in order to obtain a certified 6th Cycle Housing Element from the HCD.
WHEREAS, In light of the revisions requested by HCD and the need to revise the draft Housing Element the City and Consultant, now desire to amend the agreement (" Amendment No. 1") to increase the total not -to -exceed contract sum by an additional $ 16, 210. 0.
NOW, THEREFORE, THE SOUTH EL MONTE CITY COUNCIL HEREBY
RESOLVES AS FOLLOWS:
SECTION 1. The City Council hereby approves the proposed Amendment No. 1 to the Agreement between the City and Dudek, which includes providing certain consulting services in accordance to revisions requested by HCD ( California Department of Housing and Community Development) to the city' s
6th Cycle Housing Element noted in the letter dated July 29, 2022, attached as Attachment C.
SECTION 2. The City Council hereby authorizes and directs the City Manager to execute Amendment No. 1 in accord with the City' s
format and procedure in substantially the
form attached as Attachment B to the December 13, 2022, staff report accompanying this Resolution. The Council further directs the City Manager to take all actions necessary to effectuate Amendment No. I.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 24th day of May 2023. loria Olmos, Mayor
ATTEST:
onna G. chwartz City C
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF SOUTH EL MONTE )
I, Donna G. Schwartz, City Clerk of the City of South El Monte, hereby certify that the foregoing Resolution, being Resolution No. 23- 47 was duly passed and approved by the City Council of the City of South El Monte at an adjourned regular meeting of said Council held on the 24` x' day of May 2023, and that said Resolution was adopted by the following vote:
AYES: Councilmember( s): Acosta, Bojorquez, Mayor Pro Tern Angel, and Mayor Olmos NOES: Councilmember( s): None
ABSENT: Councilmember( s): Delgado
Donna G. Schwartz City Cle
RESOLUTION NO. 20- 127
A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL
AUTHORIZING THE CITY TO ENTER INTO A CONTRACT WITH DUDEK
FOR CONSULTING SERVICES TO UPDATE THE HOUSING ELEMENT,
AND CREATE THE SAFETY, AND ENVIRONMENTAL JUSTICE
ELEMENTS OF THE CITY' S GENERAL PLAN
WHEREAS, the City of South El Monte requires consultant services for the update of Housing Element and create the Safety and Environmental Justice elements of the General Plan, which cannot be handled by City staff; and
WHEREAS, the City seeks to enter into an agreement with Dudek, in an amount not to exceed $ 199, 995, for the update ofthe Housing, Safety and Environmental Justice Elements, and the completion ofthe necessary CEQA documentation; and
WHEREAS, the City Council now wishes to authorize the City Manager, or her designee, to execute a contract with Dudek, for such services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTH EL MONTE AS FOLLOWS:
Section 1. The City Council hereby authorizes the City Manager, or her designee, to execute an agreement with Dudek, in an amount not to exceed $ 199, 995 and subject to approval as to form and content by the City Attorney' s Office.
PASSED, APPROVED AND ADOPTED this 8th day of December 2020.
IFA
I r
Mayor
ATTEST:
Donna G. chwartz, ity C rk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES ) SS:
CITY OF SOUTH EL MONTE }
I, Donna G. Schwartz, City Clerk of the City of South El Monte, do hereby certify that the foregoing Resolution, being Resolution No. 20- 127 was duly passed and approved by the City Council of the City of South El Monte at a regular meeting of said City Council held on the P day of December, 2020 and that said Resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Acosta, Angel, Delgado, Retamoza, and Mayor Olmos
None
None
None
Il\ 1=11 7:L [ C#T7y.[ =37 u.1. 1 1_ y
By and Between
CITY OF SOUTH EL MONTE
and
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intended. For purposes ofthis Agreement, the phrase " highest professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.
1. 2 Consultant' s Proposal.
The Scope of Services shall include the Consultant' s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
1. 3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1. 4 Licenses Permits Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement.
Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant' s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1. 5 Familiarily with Work.
By executing this Agreement, Consultant warrants that Consultant ( i) has thoroughly investigated and considered the scope of services to be performed, ( ii) has carefully considered how the services should be performed, and ( iii) fully understands the facilities, difficulties and restrictions attending perforiance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant' s risk until written instructions are received from the Contract Officer.
1. 6 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be 01257, 00011684718. 1 2
responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City' s own negligence.
1. 7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
1. 8 Additional Services.
City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in ( i) the Contract Sum for the actual costs of the extra work, and/ or ( ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent ( 10%) of the Contract Sum or $25, 000, whichever is less; or, in the time to perform of up to one hundred eighty ( 180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other Consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1. 9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the " Special Requirements" attached hereto as Exhibit " B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit " B" and any other provisions of this Agreement, the provisions of Exhibit " B" shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2. 1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the " Schedule of Compensation" attached hereto as Exhibit " C" and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed One Hundred Ninety Nine Thousand Nine Hundred and Five 01257. 0001/ 684718. 1 3
Dollars and Zero Cents ($ 199, 995. 00) ( the " Contract Sum"), unless additional compensation is approved pursuant to Section 1. 9.
2. 2 Method of Compensation.
The method of compensation may include: ( i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; ( iii) payment for time and materials based upon the Consultant' s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, ( b) contract retention is maintained, and ( c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2. 3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4. 5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. if Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.
2. 4 ) Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City' s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit " C", and shall detail charges for all necessary and actual expenses by the following categories: labor ( by sub -category), travel, materials, equipment, supplies, and subcontractor contracts. Sub -contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7. 3, City will use its best efforts to cause Consultant to be paid within forty-five ( 45) days of receipt of Consultant' s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
01257. 00011684718. 1 4
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
3. 1 Time of Essence.
Time is ofthe essence in the performance of this Agreement.
3. 2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period( s) established in the " Schedule of Performance" attached hereto as Exhibit " D" and incorporated herein by this reference. When requested by the Consultant, extensions to the time period( s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty ( 180) days cumulatively.
3. 3 Force Ma_jeure.
The time period( s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/ or acts of any governmental agency, including the City, if the Consultant shall within ten ( 10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer' s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant' s sole remedy being extension of the Agreement pursuant to this Section.
3. 4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding three years from the date hereof, except as otherwise provided in the Schedule of Performance Exhibit " D").
ARTICLE 4. COORDINATION OF WORK
4. 1 Representatives and Personnel of Consultant.
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The following principals of Consultant (" Principals") are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
Asha Bleier, AICP Project Manager
Name) ( Title)
Shannon Wages, AICP Housing Element Lead
Name) ( Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the teen of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant' s staff and subcontractors, if any, assigned to perform the services required under this Agreement.
Consultant shall notify City of any changes in Consultant' s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant' s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant' s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City' s employees. Consultant expressly waives any claim Consultant may have to any such rights.
4. 3 Contract Officer.
The Contract Officer shall be Ian McAleese, or such person as may be designated by the City Manager. It shall be the Consultant' s responsibility to assure that the Contract Officer is kept informed of the progress of the perfonnance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 01257. 0001/ 684718. 1 6
The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4. 4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant' s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.
4. 5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent 25%) of the present ownership and/ or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5. 1 Insurance Coverages.
Without limiting Consultant' s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
a) General liability insurance. 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 $ 2, 000, 000 per occurrence, $ 4,000, 000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO " insured contract" language will not be accepted.
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b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than $ 1, 000, 000 combined single limit for each accident.
c) Professional liability errors & omissions insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $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 ( 3) years after completion ofthe services required by this Agreement. d) Workers' compensation insurance. Consultant shall maintain Workers' Compensation Insurance ( Statutory Limits) and Employer' s Liability Insurance ( with limits of at least $ 1, 000, 000).
e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
I) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit " B".
5. 2 General Insurance Requirements.
a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by City' s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. c) Primary/ noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non01257. 0001/ 684718. 1 8
contributory basis for the benefit of City before the City' s own insurance or self-insurance shall be called upon to protect it as a named insured.
d) City' s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating ofA- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best' s Key Rating Guide, unless otherwise approved by the City' s Risk Manager.
f) Waiver of subro a
tion. All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
g) Enforcement of contract provisions ( non -estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non- compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty ( 30) day notice of cancellation ( except for nonpayment for which a ten ( 10) day notice is required) or nonrenewal of coverage for each required coverage.
0) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers 01257. 00011684718. 1 9
shall be additional insureds under such policies. This provision shall also apply to any excess/ umbrella liability policies.
k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 1) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant' s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer' s limits of liability. The policy( ies) shall not contain any cross -liability exclusions. m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. n) Agency' s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety ( 90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant' s compensation.
o) Self -insured retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant' s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
5. 3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (" Indemnified Parties") against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened ( herein " claims 01257.0001/ 684718. 1 10
or liabilities") that may be asserted or claimed by any person, find or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (" indemnitors"), or arising from Consultant' s or indelnitors' reckless or willful misconduct, or arising from Consultant' s or indemnitors' negligent performance of or failure to perform any terin, provision, covenant or condition of this Agreement, and in connection therewith:
a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith;
b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City' s sole negligence or willful acts or omissions, but, to the fullest extent pennitted by law, shall apply to claims and liabilities resulting in part from City' s negligence, except that design professionals' indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willfiil misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.
ARTICLE 6. RECORDS REPORTS AND RELEASE OF INFORMATION
6. 1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder ( the " books and records"), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be 01257. 00011684718. 1 11
maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three 3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of ConsuItant' s business, custody of the books and records may be given to City, and access shall be provided by Consultant' s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6. 2 Regis.
Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6. 3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials ( the " documents and materials") prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the tennination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/ or use of uncompleted documents without specific written authorization by the Consultant will be at the City' s sole risk and without liability to Consultant, and Consultant' s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein.
All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as " works made for hire" as defined in 17 U. S. C. § 101, such documents and materials are hereby deemed " works made for hire" for the City.
6. 4 Confidentiality and Release of Information.
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a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered " voluntary" provided Consultant gives City notice of such court order or subpoena. c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney' s fees, caused by or incurred as a result of Consultant' s conduct. d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7. 1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.
7. 2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the 01257. 0001/ 684718. 1 13
default. This timeframe is presumptively thirty ( 30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant' s default shall not be deemed to result in a waiver of the City' s legal rights or any rights arising out of any provision of this Agreement.
7. 3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant whether or not arising out of this Agreement) ( i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and ( ii) all amounts for which City may be liable to third parties, by reason of Consultant' s acts or omissions in performing or failing to perform Consultant' s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7. 4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non -defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7. 5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
7. 6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel 01257. 0001/ 684718. 1 14
specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7. 7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty ( 30) days' written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty ( 60) days' written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7. 3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non -terminating party with the opportunity to cure pursuant to Section 7. 2.
7. 8 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7. 2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated ( provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of setoff or partial payment of the amounts owed the City as previously stated.
7. 9 Attorneys' Fees.
If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney' s fees. Attorney' s fees shall include attorney' s fees on any appeal, and in addition a party entitled to attorney' s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
01257. 0001/ 684718. 1 15
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON- DISCRIMINATION
8. 1 Non -liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8. 2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant' s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all tildes avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/ his financial interest or the financial interest of any corporation, partnership or association in which ( s) he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8. 3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.
8. 4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S. C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/ or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such 01257. 0001/ 684718. 1 16
liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9. 1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of South El Monte, 6330 Pine Avenue, South El Monte, California 90201 and in the case of the Consultant, to the person( s) at the address designated on the execution page of this Agreement.
Either party may change its address by notifying the other parry of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventytwo (72) hours from the time ofmailing ifmailed as provided in this Section.
9. 2 Interpretation.
The terins of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9. 3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9. 4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9. 5 Severability.
Tn the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent 01257. 0001/ 684719. 1 17
of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9. 6 Warranty & Representation of Non -Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/ her financial interest or the financial interest of any corporation, partnership, or association in which ( s) he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which ( s) he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of financial interest" shall be consistent with State law and shall not include interests found to be remote" or " noninterests" pursuant to Government Code Sections 1091 or 1091. 5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.
Consultant further warrants and represents that ( s) he/it has not engaged in any act( s), omission( s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission( s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Consultant' s Authorized Initials
9. 7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that ( i) such party is duly organized and existing, ( ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, ( iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and ( iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
SIGNATURES ON FOLLOWING PAGE]
01257. 0001 / 684718. 1 18
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first -above written,
ATTEST:
Donna Schwartz, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Anthony R. Taylor, City Attorney
CITY:
CITY OF SOUTH EL MONTE, a municipal
corporation
CG1oria Olmos, Mayor
CONSULTANT:
DUDEK, a California corporation
By:
Name:
Title: Jgspph Monaco
ProuldenvChiet Executive umcer
By:
Name: GheeVme Aloote
Title: C_Fb
Address:
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT' S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT' S BUSINESS ENTITY. 01257. 0001/ 684718. 1 19
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF L % fA0 DI4-4D
TD/+ IJIAL lerl
OS PN / ie./ ALa ANO
On 6 , 2020 before me, Aldf,40 Pusil G , personally appearedCOttwr, NE / 7laa, C* , proved to me on the basis of satisfactory evidence to be the person( s) whose names( s), Ware subscribed to the within instrument and acknowledged to me that heWe/ they executed the same in,Wsikt/their authorized eapacity( ies), and that by Ilia W/their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
DANIEL KIL
Notary Public - California z
Z San Diego County p
Commission # 2187922
My Comm, Expires Mar 29, 2021
OPTIONAL
Though the data below is not required by law, rt may p ove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
CORPORATE OFFICER
TITLE( S)
PARTNER( S) LIMITED
GENERAL
ATTORNEY - IN -FACT
TRUSTEE( S)
GUARDIAN/ CONSERVATOR
OTHER
SIGNER IS REPRESENTING:
NAME OF PERSON( S) OR ENTITY( IES))
DESCRIPTION OF ATTACHED DOCUMENT
4001.14449 Alw/Lit A4'&"6ME' j7 By A+la
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNERS) OTHER THAN NAMED ABOVE
01257. 0001/ 684718. 1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On 12020 before me, , personally appeared , proved to me on the basis of satisfactory evidence to be the person( s) whose names( s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/ her/their authorized capacity( ies), and that by his/ her/their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment ofthis form.
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
CORPORATE OFFICER
TITLE( S)
PARTNER( S) LIMITED
GENERAL
ATTORNEY - IN -FACT
TRUSTEE( S)
GUARDIAN/ CONSERVATOR
OTHER
SIGNER IS REPRESENTING:
NAME OF PERSON( S) OR ENTITY( IES))
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER( S) OTHER THAN NAMED ABOVE
01 F57.0001 / 684718. 1
EXHIBIT " A"
SCOPE OF SERVICES
I. Consultant will perform the following Services:
A. Task I --- Project Administration
a. Task 1. 1 — Project Kick Off. Consultant will prepare for and attend a kickoff meeting with City staff to review the scope ofwork, schedule, and collaboration tools. Consultant will discuss with City staff the project expectations regarding coordination, reporting, deliverables and all relevant project information. Consultant will prepare a meeting summary with project goals, objectives and action iteans.
b. Task 1. 2 — Project Schedule Development. Consultant will prepare a critical path schedule. Consultant will work with City staff to finalize a project schedule within ten ( 10) working days after the kick-off meeting that includes tasks and milestones for certification of the Housing Element by State HCD no later than October 15, 2021. The schedule shall:
i. Identify project milestones ( tasks) with time for staff review of work products throughout the project,
ii. Include public outreach timeline with public meetings and anticipated commission and council hearings,
iii. Include outreach in compliance with SB 18, AB 52 and SB 1000 regulations,
iv. Include anticipated environmental review timeline, and v. Include timelines for response to State HCD review and State HCD certification of the Housing Element Update and City staff review times.
c. Task 1. 3 — Project Coordination. Consultant' s Project Manager, Asha Bleier, and the task leads, as needed, will meet with City staff for a minimum of ten ( 10) progress meetings over the course of the project to review status to ensure objectives and milestones are being achieved. 01257. 00011684718. 1 A- 1
Consultant assumes these meetings will be conducted virtually and will provide the City with Zoom video conferencing lines. However, Consultant has included travel budget in case Covid- related restrictions are lifted and meetings are conducted in person at the City offices.
Consultant assumes that any requirements for in person meetings will be discussed with the project team in advance and that all parties agree depending on the circumstances at that time and provided Covid-related safety measures are in place. Consultant will prepare a meeting summary, including action items, for each meeting. Consultant will coordinate with staff to create and provide support for presentations City staff and/ or stakeholders as necessary.
d. Task 1. 4 — RHNA Support. Consultant will assist City staff during the RHNA allocation process, if needed. This support will include developing a timeline for the RHNA review and appeal process ( if necessary) and assisting the City throughout the RHNA allocation process.
B. Task 2 -.. Housing Element Amendment
a. Task 2. 1 — Housing Element Review. Consultant will review and evaluate the current Housing Element to determine the revisions that must be made to comply with current State law and HCD requirements and ensure certification of the completed Housing Element amendment. Consultant will identify all obsolete information, tables, exhibits and illustrations.
Consultant will prepare an analysis of the City' s progress towards meeting the identified goals, policies, and programs since the adoption of the current Housing Element in the previous cycle ( 2014- 2021). This description of the outcomes of the prior Housing Element' s goals, objectives, policies, and programs will be prepared to determine effectiveness. Results will be quantified where possible. For each program in the prior Housing Element, a comparative analysis will be conducted comparing planned goals to what was actually achieved. Determinations will be made regarding ifthe prior Housing Element met, exceeded, or fell short of what was anticipated. Consultant will utilize the Housing Element Annual Progress Reports and other City reports to form the basis for evaluation. A description of the lessons learned from the described review and analysis will be written and will also include how the goals, objectives, policies, and programs in the updated Housing Element will be changed to incorporate the insights gleaned from the analysis. b. Task 2. 2 — Housing Element Assessment. Consultant will complete a housing assessment and needs analysis pursuant to State housing law.
Under this task, Consultant will obtain and analyze demographic, economic, infrastructure and housing data. Consultant will create a 01257, 0001168 F718. 1 A-2
demographic profile of the City' s population and employment, both current and projected during the timeframe of the Housing Element; and prepare a quantification and evaluation of existing and projected housing needs. The City RHNA numbers and additional resources will be used to address these needs. Existing housing needs will be determined by synthesizing infonnation on housing developments at risk of conversion, housing stock characteristics, overpayment, overcrowding, population, employment, and household characteristics. Future housing needs will be projected using population and employment trends, as well as housing need for all income levels. City RHNA numbers will be utilized here.
Special housing needs for uniquely situated residents such as large families, female -headed households, people experiencing homelessness, people with disabilities, and seniors will be considered. Fair housing will also be incorporated into the Housing Update per Assembly Bill 686 requirements. This will include recommendations for additions or adjustments to fair housing goals and actions.
c. Task 2. 3 — RHNA Sites Analysis. Consultant will prepare an " adequate sites analysis" showing the relationship between the City' s RHNA allocation, and the City' s dwelling unit capacity, availability of potential housing sites based on zoning, infrastructure, and General Plan policies, requirements, and limitations. If needed, Consultant will also work with staff to identify potential zoning strategies to address need for additional housing unit capacity. Consultant will identify units that are substantially rehabilitated, converted to affordable, or preserved as affordable to be included in the adequate sites requirement. Projects that would potentially qualify for RHNA credit will be specifically identified in collaboration with City staff. Consultant will work with City staff to prepare an inventory for land suitable for residential development. This will include vacant sites and sites with the potential for redevelopment. An analysis of the relationship of zoning and public facilities with these sites will be conducted. Consultant will work with City staff to identify sites and establish necessary units to accommodate the RHNA for lower -income households. The inventory of Land suitable for residential development will be focused on sites that can be developed for housing within the planning period. Assessor' s data, zoning and land use information, City staff input, public input, and Assembly Bill 686 considerations will all be weighed in forming recommendations. Consultant assumes that the City staff will provide information based on their experience and trends, as well as vacant/ non-vacant site verification. Considerations will include existing uses, development and market trends, and availability of regulatory or other incentives. Consultant will prepare a general description of environmental constraints to the development of housing, including a description of water, sewer, and other dry utilities supply. This 01257. 00011684719. 1 A- 3
would include information on the availability and access to distribution facilities, which Consultant assumes will be provided by City staff. d. Task 2. 4 — Resources Identification. Consultant will identify programmatic, physical, and financial housing resources available in the City. In addition, Consultant will identify governmental and nongovernmental constraints to housing production. This work will include review of existing city regulations, codes, and standards related to housing. Where constraints exist, Consultant will propose strategies to address them. Consultant will identify and analyze potential and current governmental and non -governmental constraints to the maintenance, improvement, or development of housing for all income levels, including housing for people with disabilities. The analysis will include an in- depth land use and policy review including General Plan, zoning, subdivision regulations, and availability of infrastructure and entitlement processes.
The analysis will cite specific standards and evaluate their impact on the supply and affordability of housing. This analysis will determine if these local regulations pose constraints and will demonstrate local efforts to remove constraints that hinder a jurisdiction' s ability to meet its housing needs. The analysis will address constraints related to cost ( i. e., fees and exactions); the Municipal Code; enforcement; land use controls; and approval procedures, timing and certainty. In addition, constraints for people with disabilities will be discussed and non -governmental constraints will be analyzed such as land prices, construction costs and financing availability.. New state law also requires discussion of lending, labor shortage, " not in my backyard" ( NIMBY) ism, and private and environmental constraints, which will be discussed in this analysis. e. Task 2. 5 — Housing Element Revisions. Consultant will revise the Housing Element for consistency with other General Plan elements, compliance with State law, and certification by October 2021. Consultant will work with the City to develop goals, policy actions and programs to be included in the Housing Element. These programs will include, at a minimum, an address and removal of housing constraints, an identification of adequate sites, assistance with the development of housing, improvement and conservation of the existing housing stock, preservation of units at -risk of conversion to market rates, and promotion of equal housing opportunities. As part of this effort, Consultant will also survey the various public and private housing services in the City and evaluate the effectiveness of their services and offer recommendations for how to improve services to meet current and projected housing needs. Consultant will participate in up to two working meetings with City staff. 01257, 0001/ 694718. 1 A- 4
f. Task 2. 6 — Housing Element Maps and Figures Updates. Consultant will revise maps and figures in the Housing Element and other elements of the General Plan for consistency throughout the General Plan document.
Consultant has an in-house team of graphic designers that will create visually appealing and easy to understand maps and graphics to accompany the Element. Consultant also has access to Urban Footprint that can be used for mapping needs.
C. Task 3 — Safety and Environmental Justice Element Creation.
As previously described, because of the current structure and inclusion of public health in the current General Plan Public Safety Element and because the entirety of the City is located in high ranking pollution burdened areas ( refer CalEnviroScreen 3. 0 snapshot), Consultant proposes that the most prudent and cost-effective approach is to address environmental justice concerns specific to SB 1000 in a new combined Safety and Environmental Justice Element, which will build off and replace the existing Public Safety Element. a. Task 3. 1 — Review Safety and Environmental Justice Element Requirements. Consultant will review the requirements for the Safety and Environmental Justice Element to determine what will need to be drafted to be in compliance with State law. A combined element meets the legal requirements and will provide the City with an improved path forward during implementation. Under this task, Consultant will create a regulatory crosswalk" ( i. e., a spreadsheet for identifying regulatory requirements) that includes the key requirements of the Office of Planning and Resource OPR guidelines for Safety and Environmental Justice Elements. Consultant will use this crosswalk to document changes to the plan and confirm that the plan meets all applicable requirements.
Consultant have found that the use of these crosswalks help during staff and decision- maker review to explain how the plan was developed and document the use of best practices. These crosswalks also assist in review, as they provide a shared framework from which policy can be adjusted, providing staff and decision makers' flexibility by easily allowing them to reference the legal requirements.
b. Task 3. 2 — Create a Draft Safety and Environmental Justice Element.
Under this task, Consultant will prepare a draft Safety and Environmental Justice Element for staff review and comment. As part of this effort, Consultant will perform a risk assessment in accordance with the requirements of SB 1000 and the guidance outlined in the California Adaptation Planning Guide 2. 0 requirements. First, Consultant will map the spatial extent ofthe following hazards and public health concerns:
01257. 0001/ 684718. 1 A-5
i. Historic Hazards
1. Seismic hazards
2. Landslides
3. Hazardous materials managements
ii. Historic Hazards Influenced by Climate Change
1. Flooding
2. Wildfires
iii. Emerging Climate -Related Hazards
1. Air Pollution
2. Extreme heat
iv. Public Health and Environmental Justice Concerns
1. Park access
2. Active and public transportation access
3. Civic institution access ( e. g., libraries, community centers)
4. Food access
5. Health risk factors
For each hazard, Consultant will highlight which populations ( e. g. such as the elderly or those without cars) are most vulnerable to each hazard. 01257. 0001/ 684718. 1 A-6
Consultant will also document the presence of these groups in the City' s disadvantaged communities, the City as a whole, and the State. In coordination with the first -responder stakeholders, Consultant will identify important critical assets needed to respond and recover from hazard events. The identified assets will include, at a minimum, emergency response facilities ( e. g., hospitals, fire stations), utilities and communication infrastructure, and transportation infrastructure.
Consultant will map these assets and determine which facilities are at risk.
Consultant will assess how to fortify critical assets in hazard zones that cannot feasibly be relocated outside of hazard zones.
c. Task 3. 3 — Revise Safety and Environmental Justice Element. Consultant will work with City staff to revise the draft Safety and Environmental Justice Element to ensure consistency with other General Plan elements and compliance with State law. This task assumes one round of revision and up to two virtual working meeting to work through any additional changes.
D. Task 4 — Community Outreach and Engagement.
Below is Consultant' s of the approach to perform a robust community outreach and engagement effort for the Housing Element to gather community perspectives on issues including, but not limited to, housing affordability, housing types and design, housing delivery strategies and housing financing methods. Consultant will work with the City to refine the tasks below into a Public Engagement Plan, which outlines the advertising and data collection methodologies of each subtask and potential substitution of subtasks to best fit the needs of the planning process
a. Task 4. 1 — Outreach Programming, Virtual Engagement. Consultant will coordinate with the City to create a project webpage on the City' s website that hosts the outreach events and information about the planning process, including the online public meetings, recordings, and online survey. The webpage will include the following building blocks and will be further refined in conversations with City staff:
i. A `News and Events' blog that can be updated by non -technical project staff with the option of allowing moderated public comments,
ii. An `About' section describing the project goals and timeline, 01257. 0001/ 684718. 1 A-7
iii. A ` Resources' section providing links to project related documents e. g., reports, maps, links to recorded online public meetings), editable and updateable by non- technical staff,
iv. A form allowing visitors to subscribe to a project email subscription database, and
v. A `Frequently Asked Questions ( FAQ)' page, updateable by nontechnical staff. b. Stakeholder Engagement. Consultant will work with the City to identify and interview relevant stakeholders from the private, public and nonprofit sectors who play a role in addressing housing needs in the City.
Consultant will conduct one collective virtual stakeholder presentation and follow up with individual break- out meetings in the form of phone interviews. Consultant has budgeted two days' worth of stakeholder interviews and will remain flexible to hold these during times most convenient for the stakeholders. Consultant will maintain a contact sheet of all stakeholders and work with City staff to arrange meeting times.
Consultant will be responsible for preparing presentations and questions and record minutes for each meeting.
c. Online Public Workshop One -.. Project Introduction and Community Visioning. In the first community online public meeting, Consultant will introduce the project and the purpose of the project. Consultant will explain how the City and the Consultant will work with the community to create the elements. Specifically, Consultant will explain the key legal outcomes of both elements and how these plans will be used by the City so that it remains a great place to live. Community visioning will focus on general community goals that can be implemented in the Housing and Safety/ Environmental Justice Elements. Consultant will collect data through the use of polls in the online public meeting. Consultant will also have time at the end of online public meeting for free -flowing discussion where people can ask questions or make recommendations. People who are not comfortable talking can use the chat feature to add questions or comments. The online public meeting will also include links to the online platforms, survey, and an email to submit comments.
d. Online Public Workshop Two — Policy Review. In the second community online public meeting, Consultant will review potential policy ideas generated by the project team. Consultant will arrange the policies by the technical feasibility and cost to help inform participants of the potential 01257, 00011694718. 1 A- 8
ease of implementation. Consultant will run simple polls to identify the most supported policies, then will lead a nuanced discussion on how these policies can be further customized to best meet the needs of the community.
e. Online Public Workshop Three — Plan Review. The final community online public meeting will function similar to a public workshop and will occur after the public review draft is published. Consultant will present an overview of the plan and key findings for those participants who may not have reviewed the plan. Consultant will highlight where the plan is located and how to submit written comments, and will answer specific questions.
Consultant will submit the outreach program to the City for review, comment, and approval within sixty ( 60) days of contract engagement. f. Task 4. 2 — Public Meetings. Consultant will prepare or assist in the preparation of draft staff reports, exhibits, and presentations to Planning Commission and City Council. Consultant' s project manager and task leads will be prepared to attend, in total, a minimum of three ( 3) public hearings held by the Planning Commission and/or City Council.
E. Task 5 — Facilitation of Review and Approval of General Plan Amendments a. Task 5. 1 - Ongoing Staff Review Draft of Housing Element Amendments, and Safety and Environmental Justice Element Drafts. As work progresses, Consultant will provide drafts of each element section for review. Consultant will coordinate with City staff to provide adequate time for review and discussion of revisions for each element. Consultant assumes one administrative draft and one public review draft, with up to two virtual working meetings with City staff to address comments. This work is included in Tasks 2. 6 and 3. 3.
b. Task 5. 2 - First Draft of Housing Element Amendment, and Safety and Environmental Justice Element Draft. Consultant will work with City staff to review comments/ suggestions on previous versions. Consultant will incorporate revisions and prepare final drafts of the Housing, Safety, and Environmental Justice Elements using Microsoft Word, in the established City format, for public review and comment and will submit draft to HCD as required for review. This will include conducting the proper public outreach and notifying interested parties and agencies. c. Task 5. 3 - First Draft of Housing Element Amendment, and Safety and Environmental Justice Element Draft. Following public review and 01257. 0001 / G8471 S. 1 A- 9
comment period, consultant will prepare Final Draft Housing, Safety, and Environmental Justice Elements in response to comments from State HCD, responsible agencies, City staff, the Planning Commission, City Council, and the public.
d. Task 5. 4 - State Certification and City Adoption. Consultant will help the City to facilitate State review and certification of the Housing Element.
Upon adoption of the Final Draft Housing, Safety, and Environmental Justice Elements by the City Council, Consultant will prepare a final version of the documents for inclusion in the General Plan document. e. Task 5. 5 - Public Noticing. Consultant will prepare and early out the appropriate public noticing and required consultations and notifications for General Plan Amendments per local and State regulations. Consultant will coordinate with City staff to allow for adequate review and oversight of noticing materials and activities. In addition, Consultant will carry out appropriate tribal noticing and consultation in accordance with statutory timelines.
F. Task 6 — Environmental Analysis.
a. Task 6. 1 - Environmental Determination. Consultant will conduct an initial environmental review of the project and complete an initial study checklist on the Housing, Safety, and Environmental Justice Elements in compliance with local requirements, California Environmental Quality Act (CEQA) requirements ( Public Resources Code 21000 et. seq) and the State CEQA Guidelines ( California Code of Regulations, Section 15000 et. seq). Since the level of environmental review has not yet been determined, this proposal includes two optional tasks: Mitigated Negative Declaration ( MND) and an Environmental Impact Report ( EIR). b. Task 6. 2 - Draft of Environmental Analysis. Consultant will provide legally defensible documents that are supported by substantial evidence.
Consultant will conduct technically sound assessments and manage environmental review processes in a streamlined, compliant, and straightforward manner. Consultant' s environmental experts will work collaboratively with the City; local, regional, state, and federal agencies; and the public to clearly define project objectives, address concerns, and outline appropriate processes.
c. Option 1: MND, For Option 1, Consultant will complete the following tasks:
01257. 00011684718. 1 A- 10
i. Consultant will prepare a comprehensive project description.
Consultant will complete any background or data collection as needed. It is not anticipated that any technical studies will be required for the MND.
ii. Consultant will then prepare an internal review draft of the Initial Study (" IS")/ Negative Declaration(" ND")/ MND and provide one electronic copy to the City. Consultant will revise per one consolidated set ofreview comments from the City.
iii. Consultant will prepare a draft for public review of the ND/ MND and provide one electronic copy to the City.
iv. Consultant will prepare the Notice of Completion and Notice of Intent to Adopt. Consultant will assist with the review and response to any public comments ( up to 15 comments; one letter may have multiple comments), and revise the document as needed. v. Consultant will prepare the Mitigation, Monitoring and Reporting Program if applicable. Consultant will prepare the final document for public hearings.
d. Option 2: Program EIR ( PEIR). Working in coordination with City staff, Consultant will prepare the PEIR, beginning with the Introduction, Environmental Setting and Project Description. The PEIR will build off the analysis conducted in the Technical Reports to present an analysis of the environmental effects of the project. Environmental issues addressed in the PEIR will be consistent with the CEQA Guidelines and Appendix G. The PEIR will include an analysis of the anticipated impacts of the project as well as recommendations for measures to reduce or avoid impacts, an assessment of how the project may contribute to cumulatively considerable impacts, an evaluation of a reasonable range of feasible alternatives, and a review of other CEQA considerations, including the projects potential to induce growth and result in the significant irretrievable commitment of natural resources. Preparation of the PEIR will be an iterative process. Following refinement of the Project Description and completion of Technical Reports, Consultant will prepare an Administrative Draft PEIR to submit to the City for review. Upon completion of the City' s review, Consultant will revise the Administrative Draft into a Screencheck Draft PEIR for a final review by City staff.
Following review of the Screencheck Draft, Consultant will prepare the public review Draft PEIR. As part of this task, Consultant will also 01257. 00011684718. 1 A- 11
prepare the Notice of Completion ( NOC), Notice of Availability ( NOA), and the Governor' s Office of Planning and Research ( OPR) Summary Form. The City will have one ( 1) round of review and comment on the NOC, NOA, and OPR Summary For1n. Following the public' s review of the Draft PEIR, Consultant will begin preparation of the Final PEIR by organizing any comment letter received, naming each letter, and assigning an alphanumeric designator, and bracketing each letter. Consultant will provide draft Response to Comments and prepare revisions to the Final PEIR; it is assumed Consultant will respond to up to 30 comments ( note:
one comment letter may have multiple comments). An Administrative Final PEIR will be submitted to City staff for review. Consultant will prepare a revised Administrative Draft PEIR, including the Response to Comments, for the City to review; and, thereafter, submit a revised Screencheck Final PEIR, including a Draft Mitigation Monitoring and Reporting Program. Following staff s review of the Screencheck Final PEIR, Consultant will prepare the Final PEIR for consideration by the City Planning Commission and City Council. Consultant will also review the City' s
draft Findings of Fact and Statement of Overriding
Considerations.
e. Technical Reports to Support EIR; Air Quality and GHG. Consultant will prepare a combined technical report assessing the air quality and greenhouse gas ( GHG) emissions impacts of the project utilizing the significance thresholds in Appendix G ofthe CEQA Guidelines. Technical documentation, including detailed emission estimates, will be provided in an appendix. Consultant will estimate construction and operational emissions of criteria air pollutant using the California Emissions Estimator Model ( CaIEEMod) based on basic land use inputs and evaluate significance based on the City' s significance criteria. If appropriate, we will identify mitigation measures to be incorporated into future projects.
Consultant will also use CaIEEMod to estimate GHG emissions from mobile sources, natural gas usage, electrical generation, water supply, wastewater, and solid waste disposal at buildout of the HEU based on the same assumptions utilized in the air quality analysis. Consultant will also estimate the GHG emissions from operation of the existing land use parcels that would change under the HEU, which will be used to calculate the net change in GHG emissions before evaluating against appropriate significance criteria.
f Cultural and Historic Resources. For the purposes of this project, a programmatic cultural resources analysis is most appropriate. This analysis includes: 1) Completion of a California Historical Resources Information System ( CHRIS) records search for the entire Project area ( no buffer); 2) Native American Coordination, including request of a Sacred 01257. 00011684718. l A- 12
Lands File search with the Native American Heritage Commission NAHC), outreach letters to tribes, and assistance with the City' s required Assembly Bill ( AB)- 52 and Senate Bill ( SB)- 18 processes; 3) Limited windshield survey of the Project area; 4) Limited background research to develop a Project -area context for the PEIR; and S) completion of a cultural resources impacts assessment in support of the PEIR. For archaeological resources, the background research task will include a limited GIS sensitivity model based on existing knowledge of archaeological resources ( prehistoric and historic period), to better support conclusions regarding the potential to encounter archaeological resources.
Consultant anticipates the sensitivity model to include input from consulting tribes regarding tribal cultural resources. No resource evaluations will be conducted as part of the analysis, nor will any intensive - level surveys. However, the PEIR will include detailed mitigation measures for identification and treatment of archaeological and historic built environment resources in order to facilitate future project - specific activities within the proposed project area.
g. Noise. With information prepared from the traffic impact analysis ( TIA), Consultant will assess regional changes to traffic noise by comparing existing and future volumes at a quantity of up to the same set of roadway segments studied in the TIA, or that correspondingly adjoin up to a quantity of twenty potential housing sites studied by the HEU. Traffic noise for the existing conditions scenario will be estimated with the Federal Highway Administration ( FHWA) Traffic Noise Model ( version
2. 5) or an alternative method at Consultant discretion. Consultant will also evaluate construction noise and vibration, as well as non -transportation stationary operation noise, and recommend mitigation measures to reduce impacts on noise and vibration to the extent feasible. The results of the analysis will be presented in a Noise Technical Report. h. Traffic. The transportation analysis for the PEIR will primarily be based on the vehicle miles traveled ( VMT) metric consistent with SB 743 that requires that transportation impacts under CEQA be evaluated by VMT, and not, levels of service ( LOS). To determine the trip generation estimates of the HEU, Consultant will conduct a trip generation analysis of the inix of residential uses of the project, including calculating net trip generation estimates of the project to account for the changes in land uses, based on the San Diego Association of Governments' ( SANDAG' s) Brief Guide of Vehicular Traffic Generation Rates for the San Diego Region 2002). Consultant will work with SANDAG to update the current Series model to provide model VMT output for the Existing Condition, the current Horizon Year ( future buildout) Condition, and the Horizon Year Condition with the HEU. The VMT output for per capita and service 01257. 0001/ 684718. 1 A- 13
population metrics will be compared to Citywide and regional VMT metrics to determine VMT impacts of the HEU, and appropriate and feasible mitigation measures will be evaluated.
Task 6. 3 - Environmental Noticing, Outreach and Filing. Consultant will conduct all required outreach, noticing and filing of notices and documents for the environmental review of the General Plan elements update. If necessary, Consultant shall produce the Notice of Preparation NOP) and Notice of Scoping meeting, subject to City staff review. This includes preparing notices and mailings for SB 18, AB 52 and SB 1000 compliance, and completing response to comments. Consultant will also prepare a power point presentation for public scoping meeting. Consultant assumes the City will provide and maintain the public review contact list. j. Task 6. 4 - Final Draft of Environmental Analysis. Consultant will coordinate with City staff to review and consider comments/ suggestions received on previous version. After City staff provides comments on the draft document, Consultant shall update draft to incorporate comments and other technical analysis as needed ( allowing for at least two rounds of review). Consultant will review public comments, incorporate revisions and prepare final draft of environmental document for public review and comment. This work is included in the Task 6. 2 above.
k. Task 6. 5 - Adoption As Needed. Consultant will prepare final findings of fact and statement of overriding considerations, and provide to City for review prior to distribution. Consultant will prepare and submit requiring filings with State agencies and County Recorder' s Offices.
11. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:
A. Task 1
a. Meeting summary.
b. Initial project schedule.
B. Task 2
a. Administrative Draft of Housing Element, in Microsoft Word and PDF. 01257, 00011684718. 1 A-14
b. Public Review Draft of Housing Element, in Microsoft Word and PDF.
C. Task 3
a. Administrative draft of the Safety and Environmental Justice Element, in Microsoft Word and PDF.
b. Public Review draft of the Safety and Environmental Justice Element, in Microsoft Word and PDF.
D. Task 4
a. Final draft outreach program.
b. Word document with webpage language and links.
c. Stakeholder Contact Sheet.
d. Stakeholder Interviews, including Presentation, Attendance and Meeting Minutes ( 1 collective presentation and 2 days of stakeholder interviews).
E. Task 5
a. A total of 10 bound copies, one electronic copy in Microsoft Word format, one electronic copy in Adobe PDF of the Public Review Draft Housing and Safety/ Environmental Justice Elements.
b. A total of 10 bound copies, one electronic copy in Microsoft Word format, one electronic copy in Adobe PDF of the Final Draft Housing and Safety/ Environmental Justice Elements.
F. Task 6
a. Three ( 3) hard copies, one ( 1) electronic copy in both PDF and Microsoft Word Format, Ten ( 10) USB flash drive copies of Draft Environmental Analysis.
01257. 0001/ 684718. 1 A- 15
b. One ( 1) hard copy and one ( 1) electronic copy in both PDF and Microsoft Word.
c. Twenty ( 20) hard copies, one ( 1) electronic copy in both PDF and Microsoft Word Format, Ten ( 10) USB flash drive copies of Final Draft Environmental Analysis.
d. One ( 1) hard copy and one ( 1) electronic copy in both PDF and Microsoft Word,
III. In addition to the requirements of Section 6. 2, during performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports:
a. Weekly updates, containing information on all work completed to date and any potential concerns relating to future delays or issues completing work.
I.V. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
V. Consultant will utilize the following personnel to accomplish the Services:
a. Asha Bleier, Project Manager
b. Shannon wages, Housing Element Lead
c. Rose Newberry, Safety and Environmental Justice Lead d. Erika Van Sickel, Housing Planner
e. Michael Huff, Safety Planner — Hazards, Wildfire, and Evacuation f. Lisa Maier, CEQA
01257.0001/ 684718. 1 A- 16
EXHIBIT " B"
SPECIAL REQUIREMENTS
Superseding Contract Boilerplate)
I. Section 1 .I, Scope of Services, is hereby amended as follows ( deleted language is shown in sue, with amended language shown in bold, italics):
In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the " Scope of Services" attached hereto as Exhibit " A" and incorporated herein by this reference, which may be referred to herein as the " services" or " work" hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein.
Gonsultant eavenants tha4 it shall fellow the highest pr-ef-e-s-sie-4-:1-A-1 standards in pefforming the work and se. .-,,-.. ed hei!eander- and that all materials will be both of good quality as well as fit fe. m4ended. For- purposes of this Agreement, the phr-ase " highest pf&fessienal standar-ds" shall Riean these similar--- under r-k milare ewnstanees. Consultant covenants that it shall perform the work and services required hereunder with the skill and care ordinarily exercised by members of the same profession practicing under similar circumstances."
I. Section 5. 3, Indemnification, is hereby amended as follows ( deleted language is shown in strikethrough, with amended language shown in bold, italics):
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (" Indemnified Parties") against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened ( herein " claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (" indemnitors"), or arising from Consultant' s or indemnitors' reckless or willful misconduct, or arising from Consultant' s or indemnitors' negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
01257. 0001/ 684719. 1 B- 1
a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including Legal costs and attorneys' fees incurred in connection therewith.
Consultant is only required to provide payment in support of this defense, and need notprovide an attorneyfor the City;
b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees.
d) Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or Iiabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City' s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City' s negligence, except that design professionals' indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement." 01257. 0001/ 684718. 1 B- 2
EXHIBIT " C"
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the following rates:
See Exhibit " C- I"
II. A retention of ten percent ( 10%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services.
Not Applicable.
III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2. 1, unless Additional Services are approved per Section 1. 9.
IV. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.
V. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2. 1 of this Agreement.
VI. The Consultant' s billing rates for all personnel are attached as Exhibit C- 1. 01257. 0001/ 684718. 1 C- l
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EXHIBIT " D"
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following schedule:
Title
Project Kick Off
Start Date
11/ 26/ 2020
Duration
0 End Date
11/ 26/ 2020
Project Schedule Development 12/ 3/ 2020 0 12/ 3/ 2020
Project Coordination 11/ 26/ 2020 323 10/ 15/ 2021
RHNA Support ( As Needed) 12/ 3/ 2020 96 3/ 9/ 2021
Housing Element Review 12/ 3/ 2020 31 1/ 3/ 2021
Housing Element Assessment 12/ 3/ 2020 62 2/ 3/ 2021
RHNA Site Analysis 1/ 3/ 2021 96 4/ 9/ 2021
Resource Identification 12/ 3/ 2020 62 2/ 3/ 2021
Housing Element Revisions 4/ 9/ 2021 91 7/ 9/ 2021
Housing Element Maps and Figures Update 4/ 9/ 2021 91 7/ 9/ 2021 Review Safety and EJ Element Requirements 12/ 3/ 2020 31 1/ 3/ 2021 Create Draft Safety and EJ Element 1/ 3/ 2021 96 4/ 9/ 2021 Revise Draft Safety and EJ Element 4/ 9/ 2021 30 5/ 9/ 2021 Prepare Outreach Programming 12/ 3/ 2020 243 8/ 3/ 2021 Public Meetings 8/ 3/ 2021 61 10/ 3/ 2021
Ongoing Staff Review 4/ 9/ 2021 91 7/ 9/ 2021
First Draft of Housing, Safety/ EJ Elements 6/ 9/ 2021 30 7/ 9/ 2021 Final Draft of Housing, Safety/ EJ Elements 7/ 9/ 2021 31 8/ 9/ 2021 State Certification and City Adoption 9/ 9/ 2021 0 9/ 9/ 2021 Public Noticing 8/ 9/ 2021 31 9/ 9/ 2021
Environmental Determination 2/ 9/ 2021 5 2/ 14/ 2021
Draft of Environmental Analysis 2/ 14/ 2021 115 6/ 9/ 2021 Environmental Noticing, Outreach and Filing 6/ 9/ 2021 30 7/ 9/ 2021 01257. 00011694718. 1 D- 1
Final Draft of Environmental Analysis 7/ 9/ 2021 31 8/ 9/ 2021 Adoption ( As Needed) 8/ 9/ 2021 31 9/ 9/ 2021
HCD Certification Process ( 3 months from Oct 2021) 10/ 1/ 2021 93 1/ 2/ 2022 II. Consultant shall deliver the following tangible work products to the City by the following dates.
A. See Above
III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3. 2.
01257. 0001168471R. 1 D-2
D STREET
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Cover Letter
October 29, 2020
Proposal for Housing, Safety and Environmental Justice Element Update Services Attention: Ian McAleese, Assistant Planner
C/ o Office of the City Clerk
1415 Santa Anita Avenue
South El Monte, California 91733
Subject: Consulting Services for the City of South El Monte' s Housing, Safety and Environmental Justice Element Update
Dear Mr. McAleese,
Dudek appreciates the opportunity to present our proposal for the City of South El Monte ( City' s) Housing, Safety and Environmental Justice Element Update. Dudek' s planning and urban design team is committed to helping California municipalities create and implement their General Plans while maintaining their community visions. Our team has extensive housing element experience. We are including a scope of services tailored to your needs.
Our team brings the following strengths to this important project:
Unparalleled Experience. Dudek has provided planning and environmental services to more than 60 California cities, including Sierra Madre, Fullerton, and Lomita. Our most recent experience includes 61h Cycle Housing, and Safety Element Update for City of Lomita; Safety, and Environmental Justice Elements Update for City of El Cajon; 6th Cycle Housing, Safety, and Environmental Justice Elements Update for City of Highland; 6th Cycle Housing Element Update for City of Indio; and award -winning general plan update ( including Safety and Environmental Justice Elements) for City of Placentia.
Public Outreach Specialists. Our planning and Web -design teams are experts at facilitating outreach activities virtually and in person. To generate meaningful engagement during the stay-at-home orders and anticipated physical distancing through 2020, our team has created interactive project websites, online public meetings with immediate feedback polling, and online mapping activities. Our team includes native and fluent Spanish speakers to facilitate the input of linguistically isolated members of the community. Our team tailors outreach to best influence the plan and documents events according to state guidance and grant funding requirements. w Graphic and Easy -to -Understand Plans. Our planning team includes skilled graphic designers who can quickly communicate complex ideas into infographics. Our team summarizes policy recommendations and prioritization into easy -to -understand tables that help community members interpret the frameworks used in the plan. Our plans are clear, concise, and visually interesting and are accessible to all.
An Innovative and Tailored Approach. Dudek' s planners pride themselves on creating plans that are uniquely tailored to the needs of a community and can create real, lasting impact. Dudek' s experience as contract planning staff for local jurisdictions gives us a strong understanding of how plans can be effectively implemented overtime. Our approach to housing elements includes data -driven focused policy, prioritizing policies and projects that maximize co -benefits, and to reinforce the communities' vision as a whole.
Consulting Services for the City of South El Monte's Housing, Safety and Environmental Justice Element Update Page i
1Iw1 J
We welcome any questions and look forward to the opportunity to further discuss our unique approach, capabilities, and proven track record with similar projects. You may reach Asha Bleier, A1CP, at ableier@dudek. com or ( 760) 479- 4858.
Sincerely,
4, -#-
Asha Bleier, AICP
Project Manager
Joseph Monaco is authorized to sign on behalf of Dudek.
Jo h onaco, AICP
resident/ CEO
Consulting Services for the City ofSouth El Monte's Housing, Safety and Environmental Justice Element Update Page ii
Table of Contents
SECTIONS
CoverLetter......................................................................................................................................................................... i WorkProposal................................................................................................................................................................................. 1 ProjectTimeline........................................................................................................................................................................... 12 ProjectTeam................................................................................................................................................................................ 14 Experienceon Similar Work....................................................................................................................................................... 20 PublicOutreach........................................................................................................................................................................... 24 References................................................................................................................................................................................... 26 FeeSchedule............................................................................................................................................................................... 28 FIGURE
1 Organizational Chart..................................................................................................................................................... 15
APPENDICES
A Work Samples
A
B Resumes
Consulting Services for the City of South El Monte' s Housing, Safety and Environmental Justice Element Update Page iii
DIUDEK,..
INTENTIONALLY LEFT BLANK
Consulting Services far the City of South El Monte' s Housing, Safety and Environmental Justice Element Update Page iv
Work Proposal
Project Understanding and Approach
Dudek understands the critical importance of the timely adoption of a quality and legally defensible Housing Element to meet the requirements of the State Department of Housing and Community Development ( HCD) and also to supporting the City. Dudek will review the existing 2014- 2021 Housing Element and will track its implementation by comparing projected goals and what has been achieved. Dudek will work with the City to address lessons learned from the previous Housing Element, and identify policies that should be retained, removed, or adjusted. Dudek will then prepare a housing needs assessment based on the Regional Housing Needs Assessment (RHNA) and fair housing goals outlined in Assembly Bill (AB) 686. This will be followed by a sites and constraints analysis to identify available land and regulatory constraints to meeting the housing needs.
Lastly, Dudek will develop programs to implement the Housing Element that are consistent with state law and are suited to meet the specific needs of the community and provide a high quality of life to all.
As a result of Senate Bill (SB) 379, the City must also update its Safety Element to include climate adaptation and resilience consistent with the Adaptation Planning Guide. Dudek will build on the existing Safety Element, identifying where new data and climate change forecasts exist. Using this data, as well as information from the California Communities Environmental Health Screening Tool ( CalEnviroScreen), Dudek will identify key vulnerabilities in the City where hazards pose the greatest risk and populations face the most difficulty preparing, responding, and recovering from hazard events. Dudek will develop policy that addresses the specific needs identified in Safety Element through data review and public outreach. Dudek will also focus on policy that has clear co -benefits and implements other community values and goals.
To meet the requirements of SB 1000 and per
Government Code Sections 65302 et seq.,
Dudek will prepare an Environmental Justice
Element. Specifically, because census tracts in
City rank in the top 25% most disadvantaged in
the state on Cal EnviroScreen, the City must
prepare an Environmental Justice Element or
incorporate environmental justice policies into
the General Plan. Dudek believes, because of
the current structure and inclusion of public
health in the current General Plan Public Safety
QIE- S- 3. 0 R," I, fJww 2018 Vpd-)
Element and because the entirety of the City is
located in high ranking pollution burdened areas ( refer CalEnviroScreen 3.0 snapshot), the most prudent and cost-effective approach is to address environmental justice concerns specific to SB 1000 in a new Safety and Environmental Justice Element, which will build off and replace the existing Public Safety Element. A combined element meets the legal requirements and will provide the City with an improved path forward during implementation.
Consulting Services for the City of South El Monte' s Housing, Safety and Environmental Justice Element Update Page 1
Scope of Work
Task 1 Project Administration
Tasks 1. 1 Project Kick off
Dudek will prepare for and attend a kickoff meeting
with City staff to review the scope of work, schedule,
and collaboration tools. Dudek will discuss with City
staff the project expectations regarding coordination,
reporting, deliverables and all relevant project
information. Dudek will prepare a meeting summary
with project goals, objectives and action items.
Task 1. 2 Project Schedule Development
Dudek will prepare a critical path schedule. Dudek
will work with City staff to finalize a project schedule within ten (10) working days after the kick-off
meeting that includes tasks and milestones for
certification of the Housing Element by State HCD no
later than October 15, 2021. The schedule shall:
Identify project milestones ( tasks) with time
for staff review of work products throughout
the project,
Include public outreach timeline with public
meetings and anticipated commission and
council hearings,
Include outreach in compliance with SB 18,
AB 52 and SB1000 regulations,
Include anticipated environmental review
timeline, and
Include timelines for response to State HCD
review and State HCD certification of the
Housing Element Update and City staff
review times
Task 1. 3 Project Coordination
Dudek' s Project Manager, Asha Bleier, and the task
leads, as needed, will meet with City staff for a
minimum of ten ( 10) progress meetings over the
course of the project to review status to ensure
objectives and milestones are being achieved.
Dudek assumes these meetings will be conducted
virtually and will provide the City with Zoom video
conferencing lines. However, Dudek has included
travel budget in case Covid- related restrictions are
lifted and meetings are conducted in person at the
City offices. Dudek assumes that any requirements
for in person meetings will be discussed with the
project team in advance and that all parties agree
depending on the circumstances at that time and
provided Covid- related safety measures are in place
Dudek will prepare a meeting summary, including action
items, for each meeting. Dudek will coordinate with staff to create and provide support for presentations City staff and/ or stakeholders as necessary.
Task 1. 4 RHNA Support ( As Needed)
Dudek will assist City staff during the RHNA
allocation process, if needed. This support will
include developing a timeline for the RHNA review
and appeal process ( if necessary) and assisting the
City throughout the RHNA allocation process. Dudek
assumes up to 20 hours for this task.
Task 1 Deliverables
Meeting summary
Initial project schedule, monthly
updated schedules
Meeting summaries
Task 2 Housing Element Amendment
Task 2. 1 Housing Element Review
Dudek will review and evaluate the current Housing
Element to determine the revisions that must be made
to comply with current State law and HCD
requirements and ensure certification of the completed
Housing Element amendment. Dudek will identify all
obsolete information, tables, exhibits and illustrations.
Dudek will prepare an analysis of the City' s progress
towards meeting the identified goals, policies, and
programs since the adoption of the current Housing
Element in the previous cycle ( 2014- 2021). This
description of the outcomes of the prior Housing
Element' s goals, objectives, policies, and programs will be prepared to determine effectiveness. Results will be quantified where possible.
Consulting Services for the City of South El Monte' s Housing, Safety and Environmental Justice Element Update Page 1
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For each program in the prior Housing Element, a
comparative analysis will be conducted comparing
planned goals to what was actually achieved.
Determinations will be made regarding if the prior
Housing Element met, exceeded, or fell short of what
was anticipated. Our team will utilize the Housing
Element Annual Progress Reports and other City
reports to form the basis for evaluation. A
description of the lessons learned from the
described review and analysis will be written and will
also include how the goals, objectives, policies, and
programs in the updated Housing Element will be
changed to incorporate the insights gleaned from
the analysis.
Task 2. 2 Housing Element Assessment
Dudek will complete a housing assessment and needs
analysis pursuant to State housing law. Under this task, Dudek will obtain and analyze demographic, economic,
infrastructure and housing data.
Dudek will create a demographic profile of the City' s
population and employment, both current and
projected during the timeframe of the Housing
Element; and prepare a quantification and evaluation
of existing and projected housing needs. The City
RHNA numbers and additional resources will be used
to address these needs. Existing housing needs will
be determined by synthesizing information on
housing developments at risk of conversion, housing
stock characteristics, overpayment, overcrowding,
population, employment, and household
characteristics. Future housing needs will be
projected using population and employment trends,
as well as housing need for all income levels. City
RHNA numbers will be utilized here. Special housing
needs for uniquely situated residents such as large
families, female -headed households, people
experiencing homelessness, people with disabilities,
and seniors will be considered. Fair housing will also
be incorporated into the Housing Update per
Assembly Bill 686 requirements. This will include
recommendations for additions or adjustments to fair
housing goals and actions.
Task 2. 3 RHNA Sites Analysis
Dudek will prepare an " adequate sites analysis"
showing the relationship between the City's RHNA
allocation, and the City' s dwelling unit capacity,
availability of potential housing sites based on
zoning, infrastructure, and General Plan policies,
requirements, and limitations. If needed, Dudek will
also work with staff to identify potential zoning
strategies to address need for additional housing
unit capacity.
Dudek will identify units that are substantially
rehabilitated, converted to affordable, or preserved
as affordable to be included in the adequate sites
requirement. Projects that would potentially qualify
for RHNA credit will be specifically identified in
collaboration with City staff. Dudek will work with
City staff to prepare an inventory for land suitable for residential development. This will include vacant
sites and sites with the potential for redevelopment.
An analysis of the relationship of zoning and public
facilities with these sites will be conducted. Dudek
will work with City staff to identify sites and establish necessary units to accommodate the RHNA for
lower -income households. The inventory of land
suitable for residential development will be focused
on sites that can be developed for housing within
the planning period. Assessor' s data, zoning and
land use information, City staff input, public input,
and Assembly Bill 686 considerations will all be
weighed in forming recommendations.
Dudek assumes that the City staff will provide
information based on their experience and trends,
as well as vacant/ non- vacant site verification.
Considerations will include existing uses,
development and market trends, and availability of
regulatory or other incentives. Dudek will prepare a
general description of environmental constraints to
the development of housing, including a description
of water, sewer, and other dry utilities supply. This
would include information on the availability and
access to distribution facilities, which Dudek
assumes will be provided by City staff.
Consulting Services for the City of South El Monte' s Housing, Safety and Environmental Justice Element Update Page 2
Task 2. 4 Resources Identification
Dudek will identify programmatic, physical, and
financial housing resources available in the City. In
addition, Dudek will identify governmental and
nongovernmental constraints to housing production.
This work will include review of existing city
regulations, codes, and standards related to
housing. Where constraints exist, Dudek will propose
strategies to address them.
Dudek will identify and analyze potential and current
governmental and non -governmental constraints to
the maintenance, improvement, or development of
housing for all income levels, including housing for
people with disabilities. The analysis will include an
in-depth land use and policy review including
General Plan, zoning, subdivision regulations, and
availability of infrastructure and entitlement
processes. The analysis will cite specific standards
and evaluate their impact on the supply and
affordability of housing. This analysis will determine
if these local regulations pose constraints and will
demonstrate local efforts to remove constraints that
hinder a jurisdiction' s ability to meet its housing
needs. The analysis will address constraints related
to cost ( i. e., fees and exactions); the Municipal Code; enforcement; land use controls; and approval
procedures, timing and certainty. In addition,
constraints for people with disabilities will be
discussed and non -governmental constraints will be
analyzed such as land prices, construction costs and
financing availability.. New state law also requires
discussion of lending, labor shortage, " not in my
backyard" ( NIMBY) ism, and private and
environmental constraints, which will be discussed
in this analysis.
Task 2. 5 Housing Element Revisions
Dudek will revise the Housing Element for
consistency with other General Plan elements,
compliance with State law, and certification by
October 2021
Dudek will work with the City to develop goals, policy
actions and programs to be included in the Housing
Element. These programs will include, at a
minimum, an address and removal of housing
constraints, an identification of adequate sites,
assistance with the development of housing,
improvement and conservation of the existing
housing stock, preservation of units at -risk of
conversion to market rates, and promotion of equal
housing opportunities. As part of this effort, Dudek
will also survey the various public and private
housing services in the City and evaluate the
effectiveness of their services and offer
recommendations for how to improve services to
meet current and projected housing needs. Dudek
will participate in up to two working meetings with
City staff.
Task 2. 6 Housing Element Maps and
Figures Updates
Dudek will revise maps and figures in the Housing
Element and other elements of the General Plan for
consistency throughout the General Plan document.
Dudek has an in-house team of graphic designers that
will create visually appealing and easy to understand
maps and graphics to accompany the Element. Dudek
also has access to Urban Footprint that can be used for mapping needs.
Task 2 Deliverables:
Administrative draft of the Housing Element
in Microsoft Word and PDF
Public Review draft of the Housing Element
in Microsoft Word and PDF
2 working meetings with City staff
Task 3 Safety and Environmental
Justice Element Creation
As previously described, because of the current
structure and inclusion of public health in the
current General Plan Public Safety Element and
because the entirety of the City is located in high
ranking pollution burdened areas ( refer
CalEnviroScreen 3. 0 snapshot), Dudek proposes
that the most prudent and cost- effective approach is
to address environmental justice concerns specific
to SIB 1000 in a new combined Safety and
Environmental Justice Element, which will build off
Consulting Services forthe City of South El Monte' s Housing, Safety and Environmental Justice Element Update Page 3
and replace the existing Public Safety Element. Historic Hazards Therefore, Tasks 3 and 4 of the RFP are combined Seismic hazards here in Task 3. Landslides
Task 3. 1 Review Safety and
Hazardous materials managements
Environmental Justice Element Historic Hazards Influenced by Climate Change Requirements Flooding
Wildfires
Dudek will review the requirements for the Safety
and Environmental Justice Element to determine Emerging Climate - Related Hazards what will need to be drafted to be in compliance with Air Pollution State law. Extreme heat
A combined element meets the legal requirements Public Health and Environmental Justice Concerns and will provide the City with an improved path
forward during implementation.
Park access
Active and public transportation access
Under this task, Dudek will create a " regulatory Civic institution access ( e. g., libraries, crosswalk" (i. e., a spreadsheet for identifying regulatory community centers) requirements) that includes the key requirements of Food access the Office of Planning and Resource OPR guidelines for
Safety and Environmental Justice Elements. Dudek
Health risk factors
planners will use this crosswalk to document changes For each hazard, Dudek will highlight which to the plan and confirm that the plan meets all
populations ( e.g. such as the elderly or those without applicable requirements. Dudek planners have found cars) are most vulnerable to each hazard). Dudek that the use of these crosswalks help during staff and will also document the presence of these groups in decision maker review to explain how the plan was
the City' s disadvantaged communities, the City as a
developed and document the use of best practices. whole, and the State.
These crosswalks also assist in review, as they provide a shared framework from which policy can be adjusted, In coordination with the first -responder providing staff and decision makers' flexibility by easily stakeholders, Dudek will identify important critical allowing them to reference the legal requirements. assets needed to respond and recover from hazard events. The identified assets will include, at a
Task 3. 2 Create a Draft Safety and minimum, emergency response facilities (e.g., Environmental Justice Element hospitals, fire stations), utilities and communication infrastructure, and transportation infrastructure.
Under this task Dudek will prepare a draft Safety Dudek will map these assets and determine which and Environmental Justice Element for staff review facilities are at risk. Dudek will assess how to fortify and comment. critical assets in hazard zones that cannot feasibly be relocated outside of hazard zones.
As part of this effort, Dudek will Dudek will perform a risk assessment in accordance with the requirements
Task 3. 3 Revise Safety and
of SB 1000 and the guidance outlined in the California
Adaptation Planning Guide 2.0 requirements. First, Environmental Justice Element Dudek will map the spatial extent of the following Dudek work with City staff to revise the draft Safety hazards and public health concerns: and Environmental Justice Element to ensure consistency with other General Plan elements and
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compliance with State law. This task assumes one
round of revision and up to two virtual working
meeting to work through any additional changes.
Task 2 Deliverables:
Administrative draft of the Safety and
Environmental Justice Element in Microsoft
Word and PDF
Public Review draft of the Safety and
Environmental Justice Element in Microsoft
Word and PDF
2 working meetings with City staff
Task 4 Community Outreach
and Engagement
Below we outline our approach to perform a robust
community outreach and engagement effort for the
Housing Element to gather community perspectives
on issues including, but not limited to, housing
affordability, housing types and design, housing
delivery strategies and housing financing methods.
Dudek will work with the City to refine the tasks
below into a Public Engagement Plan, which outlines
the advertising and data collection methodologies of
each subtask and potential substitution of subtasks
to best fit the needs of the planning process.
Task 41 Outreach Programming
Virtual Engagement
Dudek will coordinate with the City to create a
project webpage on the City' s website that hosts the
outreach events and information about the planning
process, including the online public meetings,
recordings, and online survey. The webpage will
include the following building blocks and will be
further refined in conversations with City staff:
A' News and Events' blog that can be updated
by non -technical project staff with the option of
allowing moderated public comments
An ' About' section describing the project
goals and timeline
A ' Resources' section providing links to
project related documents ( e. g., reports,
maps, links to recorded online public
meetings), editable and updateable by nontechnical staff A form allowing visitors to subscribe to a
project email subscription database
A' FrequentlyAsked Questions ( FAQ)' page,
updateable by non -technical staff
Stakeholder Engagement
Dudek will work with the City to identify and
interview relevant stakeholders from the private,
public and non- profit sectors who play a role in
addressing housing needs in the City. We will
conduct one collective virtual stakeholder
presentation and follow up with individual break- out
meetings in the form of phone interviews. We have
budgeted two days' worth of stakeholder interviews
and will remain flexible to hold these during times
most convenient for the stakeholders. Dudek will
maintain a contact sheet of all stakeholders and
work with City staff to arrange meeting times. Dudek
will be responsible for preparing presentations and
questions and record minutes for each meeting.
Online Public Workshops
Online Public Workshop One — Project
Introduction and Community Visioning.
In the first community online public meeting, the
projectteam staffers will introduce the project and the purpose of the project. The project team will explain
how the City and the project team will work with the
community to create the elements. Specifically, the
project team will explain the key legal outcomes of
both elements and how these plans will be used by the
City so that it remains a great place to live. Community visioning will focus on general community goals that
can be implemented in the Housing and
Safety/ Environmental Justice Elements.
The project team will collect data through the use of
polls in the online public meeting. The project
team will also have time at the end of online public
meetingfor free -flowing discussion where people can
ask questions or make recommendations. People
who are not comfortable talking can use the chat
feature to add questions or comments. The online
public meeting will also include links to the online
platforms, survey, and an email to submit comments.
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Online Public Workshop Two — Policy Review Recordings of online public meetings posted In the second community online public meeting, the to project website project team staffers will review potential policy Three public hearings ideas generated by the project team. The project
team will arrange the policies by the technical Task 5 Facilitation of Review and feasibility and cost to help inform participants of the potential ease of implementation. Dudek will run Approval of General Plan simple polls to identify the most supported policies, Amendments then will lead a nuanced discussion on how these
policies can be further customized to best meet the Task 5. 1 Ongoing Staff Review Draft of needs of the community.
Housing Element Amendments, and
Online Public Workshop Three — Plan Review Safety and Environmental Justice The final community online public meeting Element Drafts will function similar to a public workshop and will
As work progresses, Dudek will provide drafts of each
occur after the public review draft
element section for review. Dudek will coordinate with
is published. Dudek staffers will present an overview City staff to provide adequate time for review and of the plan and key findings for
discussion of revisions for each element. Dudek
those participants who may not have reviewed the
assumes one administrative draft and one public
plan. Dudek will highlight where the plan is located
review draft, with up to two virtual working meetings
and how to submit written comments, and will
with City staff to address comments. This work is
answer specific questions.
included in Tasks 2. 6 and 3. 3.
Dudek will submit the outreach program to the City
Task 5. 2 First Draft o Housing Element for review, comment, and approval within sixty ( 60) days of contract engagement. Amendment, and Safety and
Environmental
Task 4.2 Public Meetings
Justice Element Draft
Dudek will prepare or assist in the preparation of
draft staff reports, exhibits, and presentations to Dudek will work with City staff to review Planning Commission and City Council. comments/ suggestions on previous versions. Dudek will incorporate revisions and prepare final drafts of
The Dudek project manager and task leads will be the Housing, Safety, and Environmental Justice prepared to attend, in total, a minimum of three ( 3) Elements using Microsoft Word, in the established public hearings held by the Planning Commission City format, for public review and comment and will and/ or City Council. submit draft to HCD as required for review. This will include conducting the proper public outreach and
Task 5 Deliverables notifying interested parties and agencies.
Final draft outreach program
Word document with webpage language Task 5. 3 First Draft of Housing Element and links Amendment, and Safety and
Stakeholder Contact Sheet Environmental
Stakeholder Interviews, including Justice Element Draft Presentation, Attendance and Meeting
Following public review and comment period,
Minutes ( 1 collective presentation and 2
consultant will prepare Final Draft Housing, Safety,
days of stakeholder interviews)
and Environmental Justice Elements in response to
Three online public meetings comments from State HCD, responsible agencies, Consulting Services for the City of South El Monte' s Housing, Safety and Environmental Justice Element Update Page 6
City staff, the Planning Commission, City Council,
and the public.
Task 5. 4 State Certification and City
Adoption
Dudek will help the City to facilitate State review and certification of the Housing Element. Upon adoption
of the Final Draft Housing, Safety, and
Environmental Justice Elements by the City Council,
Dudek will prepare a final version of the documents
for inclusion in the General Plan document.
Task 5. 5 Public Noticing
Dudek will prepare and carry out the appropriate
public noticing and required consultations and
notifications for General Plan Amendments per local
and State regulations. Dudek will coordinate with
City staff to allow for adequate review and oversight
of noticing materials and activities. In addition,
Dudek will carry out appropriate tribal noticing and
consultation in accordance with statutory timelines.
Task 6 Deliverables:
A total of 10 bound copies, one electronic
copy in Microsoft Word format, one
electronic copy in Adobe PDF of the Public
Review Draft Housing and
Safety/ Environmental Justice Elements
A total of 10 bound copies, one electronic
copy in Microsoft Word format, one
electronic copy in Adobe PDF of the Final
Draft Housing and Safety/ Environmental
Justice Elements
Task 6 Environmental Analysis
Task 6.1 Environmental Determination
Dudek will conduct an initial environmental review of
the project and complete an initial study checklist on
the Housing, Safety, and Environmental Justice
Elements in compliance with local requirements,
California Environmental Quality Act ( CEQA)
requirements ( Public Resources Code 21000 et.
seq) and the State CEQA Guidelines (California Code
of Regulations, Section 15000 et. seq).
Since the level of environmental review has not yet
been determined, this proposal includes two
optional tasks: Mitigated Negative Declaration
MND) and an Environmental Impact Report ( EIR).
Task 6, 2 Draft of Environmental Analysis
Dudek is a leading environmental consultant in the
State of California. Our environmental planners have
prepared and processed more than 2,800 CEQA/ NEPA
documents for a variety of large and small development, restoration, and conservation projects throughout the
state. Combining comprehensive analysis and evidence -
based findings, we provide legally defensible documents that are supported by substantial evidence. We conduct
technically sound assessments and manage
environmental review processes in a streamlined,
compliant, and straightforward manner. Our
environmental experts work collaboratively with clients; local, regional, state, and federal agencies; and the
public to clearly define project objectives, address
concerns, and outline appropriate processes. We apply
practical CEQA knowledge to comply with current laws,
regulations, and case law.
Option 7: MND
For Option 1., Dudek will complete the following tasks:
Dudek will prepare a comprehensive project
description. Dudek will complete any background or
data collection as needed. It is not anticipated that
any technical studies will be required for the MND.
Dudek will then prepare an internal review draft of
the IS/ ND/ MND and provide one electronic copy to
the City. Dudek will revise per one consolidated set
of review comments from the City of El Cajon.
Dudek will prepare a public review draft of the
ND/ MND and provide one electronic copy to the City.
Dudek will prepare the Notice of Completion and
Notice of Intent to Adopt. Dudek will assist with the
review and response to any public comments ( up to
15 comments; one letter may have multiple
comments), and revise the document as needed.
Dudek will prepare the Mitigation, Monitoring and
Reporting Program if applicable. Dudek will prepare
the final document for public hearings.
Consulting Services for the City of South El Monte' s Housing, Safety and Environmental Justice Element update Page 7
Option 2: Program EIR
Working in coordination with City staff, Dudek will
prepare the PEIR, beginning with the Introduction,
Environmental Setting and Project Description. The
PEIR will build off the analysis conducted in the
Technical Reports to present an analysis of the
environmental effects of the project. Environmental
issues addressed in the PEIR will be consistent with
the CEQA Guidelines and Appendix G. The PEIR will
include an analysis of the anticipated impacts of the
project as well as recommendations for measures to
reduce or avoid impacts, an assessment of how the
project may contribute to cumulatively considerable
impacts, an evaluation of a reasonable range of
feasible alternatives, and a review of other CEQA
considerations, including the projects potential to
induce growth and result in the significant
irretrievable commitment of natural resources.
Preparation of the PEIR will be an iterative process.
Following refinement of the Project Description and
completion of Technical Reports, Dudek will prepare
an Administrative Draft PEIR to submit to the City for
review. Upon completion of the City' s review, Dudek
will revise the Administrative Draft into a
Screencheck Draft PEIR for a final review by City
staff. Following review of the Screencheck Draft,
Dudek will prepare the public review Draft PEIR. As
part of this task, Dudek will also prepare the Notice
of Completion ( NOC), Notice of Availability ( NOA),
and the Governor' s Office of Planning and Research
OPR) Summary Form. The City will have one ( 1)
round of review and comment on the NOC, NOA, and
OPR Summary Form.
Following the public' s review of the Draft PEIR,
Dudek will begin preparation of the Final PEIR by
organizing any comment letter received, naming
each letter, and assigning an alphanumeric
designator, and bracketing each letter. Dudek will
provide draft Response to Comments and prepare
revisions to the Final PEIR; it is assumed Dudek will
respond to up to 30 comments ( note: one comment
letter may have multiple comments). An
Administrative Final PEIR will be submitted to City
staff for review. Dudek will prepare a revised
Administrative Draft PEIR, including the Response
to Comments, for the City to review; and,
thereafter, submit a revised Screencheck Final
PEIR, including a Draft Mitigation Monitoring and
Reporting Program. Following staff' s review of the
Screencheck Final PEIR, Dudek will prepare the
Final PEIR for consideration by the City Planning
Commission and City Council. Dudek will also
review the City' s draft Findings of Fact and
Statement of Overriding Considerations.
Technical Reports to Support EIR
Air Quality and GHG
Dudek will prepare a combined technical report
assessing the air quality and greenhouse gas (GHG)
emissions impacts of the project utilizing the
significance thresholds in Appendix G of the CEQA
Guidelines. Technical documentation, including detailed emission estimates, will be provided in an appendix.
Dudek will estimate construction and operational
emissions of criteria air pollutant using the California Emissions Estimator Model ( CaIEEMod) based on basic
land use inputs and evaluate significance based on the
City's significance criteria. If appropriate, we will identify mitigation measures to be incorporated into future
projects. Dudek will also use CaIEEMod to estimate GHG
emissions from mobile sources, natural gas usage,
electrical generation, water supply, wastewater, and
solid waste disposal at buildout of the HEU based on the same assumptions utilized in the air quality analysis.
Dudek will also estimate the GHG emissions from
operation of the existing land use parcels that would
change under the HEU, which will be used to calculate
the net change in GHG emissions before evaluating
against appropriate significance criteria.
Cultural and Historic Resources
For the purposes of this project, a programmatic
cultural resources analysis is most appropriate. This
analysis includes: 1) Completion of a California
Historical Resources Information System ( CHRIS)
records search for the entire Project area ( no buffer); 2) Native American Coordination, including request
of a Sacred Lands File search with the Native
American Heritage Commission ( NAHC), outreach
letters to tribes, and assistance with the City' s
required Assembly Bill ( AB)- 52 and Senate Bill ( SB)- 18 processes; 3) Limited windshield survey of the
Project area; 4) Limited background research to
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develop a Project -area context for the PEIR; and 5)
Completion of a cultural resources impacts
assessment in support of the PEIR. For
archaeological resources, the background research
task will include a limited GIS sensitivity model
based on existing knowledge of archaeological
resources ( prehistoric and historic period), to better support conclusions regarding the potential to
encounter archaeological resources. Dudek
anticipates the sensitivity model to include input
from consulting tribes regarding tribal cultural
resources. No resource evaluations will be
conducted as part of the analysis, nor will any
intensive -level surveys. However, the PEIR will
include detailed mitigation measures for
identification and treatment of archaeological and
historic built environment resources in order to
facilitate future project -specific activities within the proposed project area.
Noise
With information prepared from the traffic impact
analysis (TIA), Dudek will assess regional changes to
traffic noise by comparing existing and future
volumes at a quantity of up to the same set of
roadway segments studied in the TIA, or that
correspondingly adjoin up to a quantity of twenty
20) potential housing sites studied by the HEU.
Traffic noise for the existing conditions scenario will be estimated with the Federal Highway
Administration ( FHWA) Traffic Noise Model ( version
2. 5) or an alternative method at Dudek discretion.
We will also evaluate construction noise and
vibration, as well as non -transportation stationary
operation noise, and recommend mitigation
measures to reduce impacts on noise and vibration
to the extent feasible. The results of the analysis will be presented in a Noise Technical Report.
Traffic
The transportation analysis for the PEIR will primarily be based on the vehicle miles traveled ( VMT) metric
consistent with SB 743 that requires that
transportation impacts under CEQA be evaluated by
VMT, and not, levels of service ( LOS). To determine
the trip generation estimates of the HEU, Dudek will
conduct a trip generation analysis of the mix of
residential uses of the project, including calculating
net trip generation estimates of the project to
account for the changes in land uses, based on the
San Diego Association of Governments' ( SANDAG' s)
Brief Guide of Vehicular Traffic Generation Rates for
the San Diego Region ( 2002). Dudek will work with
SANDAG to update the current Series model to
provide model VMT output for the Existing Condition,
the current Horizon Year (future buildout) Condition,
and the Horizon Year Condition with the HEU. The
VMT output for per capita and service population
metrics will be compared to Citywide and regional
VMT metrics to determine VMT impacts of the HEU,
and appropriate and feasible mitigation measures
will be evaluated.
Task 6. 3 Environmental Noticing,
Outreach and Filing
Dudek will conduct all required outreach, noticing
and filing of notices and documents for the
environmental review of the General Plan elements
update. If necessary, consultant shall produce the
Notice of Preparation ( NOP) and Notice of Scoping
meeting, subject to City staff review. This includes
preparing notices and mailings for SB 18, AB 52 and
SB1000 compliance, and completing response to
comments. Dudek will also prepare a power point
presentation for public scoping meeting. Dudek
assumes the City will provide and maintain the
public review contact list.
Task 6. 4 Final Draft of
Environmental Analysis
Dudek will coordinate with City staff to review and
consider comments/ suggestions received on previous
version. After City staff provides comments on the draft document, Consultant shall update draft to incorporate
comments and other technical analysis as needed
allowing for at least two rounds of review). Dudek will review public comments, incorporate revisions and
prepare final draft of environmental document for
public review and comment. This work is included in
the Task 6.2 above.
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Task 6. 5 Adoption As Needed
Dudek will prepare final findings of fact and
statement of overriding considerations, and provide
to City for review prior to distribution. Dudek will
prepare and submit requiring filings with State
agencies and County Recorder' s Offices
Task 6 Deliverables:
Three ( 3) hard copies, one ( 1) electronic
copy in both PDF and Microsoft Word
Format, Ten ( 10) USB flash drive copies of
Draft Environmental Analysis
One ( 1) hard copy and one ( 1) electronic
copy in both PDF and Microsoft Word
Format of the Notice of Preparation and
Notice of Scoping
Twenty ( 20) hard copies, one ( 1) electronic
copy in both PDF and Microsoft Word
Format, Ten ( 10) USB flash drive copies of
Final Draft Environmental Analysis
One ( 1) hard copy and one ( 1) electronic
copy in both PDF and Microsoft Word
Format of final findings of fact and
statement of overriding considerations.
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Consulting Services for the City of South El Monte' s Housing, Safety and Environmental Justice Element Update Page 11
Project Timeline
Project Schedule Development 112/ 3/ 2020 1. 0 1 12/ 3/ 2020 RHNA Support ( As Needed) 112/ 3/ 2020 196 3/ 9/ 2021
Housing Element Assessment 112/ 3/ 2020 I . 62 2/ 3/ 2021 Resource Identification 112/ 3/ 2020 162 12/ 3/ 2021
Housing Element Maps and Figures Update 14/ 9/ 2021 . 191 ` I ` 7/ 9/ 2021 Create Draft Safety and EI Element 1/ 8/ 2021 1. 96 4/ 9/ 2021 Prepare Outreach Programming 112/ 3/ 2020 1243 18/ 3/ 2021 Ongoing Staff Review 14/ 9/ 2021 91 17/ 9/ 2021
Final Draft of Housing, Safety/ EJ Elements 17/ 9/ 2021 31 8/ 9/ 2021 Public Noticing 18/ 9/ 2021 1 31 9/ 9/ 2021
Draft of Environmental Analysis 12/ 14/ 2021 1115 16/ 9/ 2021 Final Draft of Environmental Analysis 17/ 9/ 2021 131 18/ 9/ 2021 HCD Certificaiton Process (3 months from Oct 2021) 110/ 1/ 2021 193 11/ 2/ 2022 Consulting Services for the City of South El Monte' s Housing, Safety and Environmental Justice Element Update Page 12
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Project Team
Team organization
The Dudek team includes staff all under one firm. Our staff presented in this proposal are fully committed and available for this contract. The Dudek team can leverage and mobilize support from its more than 600-person staff as needed. Brief biographies for key staff are provided below. Focused resumes are available in Appendix A.
The Dudek Advantage
We are a California -based planning, environmental, and engineering consultant with a long history working with private and public clients for more than 40 years on a range of projects that improve and evolve our communities, infrastructure, and natural environment.
As a midsized firm, we provide the personal service of project managers who stay with your project from start to finish, combined with the breadth and depth of capabilities characteristic of larger firms in orderto meetyour project' s requirements. Our project managers are empowered to be problem solvers with the ability to make decisions in a timely fashion to keep project momentum moving forward. We are proud of our low employee turnover; our staffs long tenure means the project manager you see atthe bidding stage will likely be with you at project completion.
Technical Capabilities
Housing Elements
The Dudek team understands recent state housing law and its implications for housing element updates. State legislation now makes it more difficult to designate non -vacant sites as housing sites and requires more justification for the number of units shown as being accommodated on each site. The intent behind the state legislation is to encourage cities to plan for new housing on sites that will actually yield new housing within the planning period. Through our recent experiences working with a diversity of cities on their Housing Element updates, we have become intimately familiar with these new requirements and how the HCD is interpreting these new state housing laws.
Safety and Environmental Justice Elements
Our approach to safety element updates includes collaboration with our robust in- house team of technical specialists with the capabilities to address each of the hazards and public health issues facing the City and required by state law. Specifically, Dudek brings specialists in air quality, extreme heat, wildfire, flooding, and equity. Our planning team is adept at distilling the complex scientific knowledge of our technical specialists into actionable policy that clearly meets the new regulatory requirements of the state and blends community -driven, climate -robust, and cost-effective ideas into our policy recommendations. We pride ourselves on creating clear and concise documents that meet complex state requirements.
Consulting Services for the City of South El Monte' s Housing, Safety and Environmental Justice Element Update Page 14
Key Staff
Figure 1. Organizational Chart
CR4Ct11 F'
PROJECT MANAGEMENT
Project Manager
Asha Bleier, AICP LEED AP BD+ C
2" yli1= 1t*1
Housing Element Lead Safety and
Shannon Wages, AICP 11 Environmental Justice Lead
Rose Dewberry, AICP
Housing Planner Safety Planner — Hazards, CEQA
Erika Van Sickel
Wildfire, and Evacuation —
Lisa Maier
Michael Huff, RCA
Project Manager
Asha Bleier, AICP
Project Availability: 45%
Asha Bleier is a multidisciplinary planner with 15 years' experience in land use and environmental planning. Ms. Bleier specializes in the preparation and analysis of long- range planning documents such as General Plan and community plan updates, Specific Plans, master plans, and design guidelines. She is well versed in the California Environmental Quality Act CEQA) and facilitating community outreach workshops and innovative engagement tools and strategies to effectively address participants' concerns. Ms. Bleier' s extensive background in design, development, and sustainability allows her to make critical decisions and sound policy recommendations relative the interaction between users and their built environments. Her most relevant recent experience includes 6th cycle Housing Element updates for County of Los Angeles and Cities of El Cajon, Highland, and Indio.
Education
University of California ( UC),
Santa Barbara
BA, Environmental Studies
Geography/ Urban
Planning emphasis
Certifications
AICP
LEED AP BD+ C
Professional Affiliations
APA
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Housing Element Lead
Shannon Wages, AICP
Project Availability: 30%
Shannon Wages is a senior project manager with 18 years' experience specializing in long- range planning documents. Ms. Wages has successfully managed the preparation of multiple vulnerability assessments, Safety Elements, climate adaptation plans, General Plans, Specific Plans, zoning ordinances, Housing Elements, downtown plans, visioning plans, corridor studies, and economic feasibility studies. She has received several awards from the American Planning Association for her planning projects, most recently for the City of Placentia' s Safety Element.
Ms. Wages also helps cities implement their plans through entitling development projects or assisting with funding and financing mechanisms. She combines her experience in planning, urban design, development, and community outreach to achieve desired projects that realize the community' s goals and objectives. Additionally, her experience as contract planning staff for local jurisdictions gives her a strong understanding of how General Plans and zoning codes are implemented on a day-to-day basis, giving the her an edge on how to build easily implementable plans. From planning and conceptual design, to certificates of occupancy, she is involved throughout the process, facilitating positive growth and change in the communities she represents. Her most relevant recent experience includes 6th cycle Housing Element updates for Cities of El Cajon and Highland.
Housing Element Planner
Erika Van Sickel
Project Availability: 55%
Erika Van Sickel is a planner with experience in housing, land use policy, and code in both the public and private sectors. Ms. Van Sickel places a special emphasis on improving the interaction between users and their built environments and has experience performing community outreach and data analysis for the purposes of identifying conditions and challenges in vulnerable communities, Her multidisciplinary background in design, development, and sustainability allows her to make critical decisions on impacts to the community and environment. Her most relevant recent experience includes 6th cycle Housing Element updates for County of Los Angeles and Cities of E[ Cajon, Highland, and Indio.
Education
University of Southern
California ( USC)
MA, Urban Planning/ Design
Brigham Young University
BA, Humanities/ Spanish
Certifications
AlCP
Professional Affiliations
APA
Education
USG
MPL, Urban Planning/ Design
UC Santa Barbara
BA, Environmental Studies
Certificate, Real Estate
Development
Professional Affiliations
APA
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Safety Element and Environmental Justice Lead
Rose Newberry, AICP
Project Availability: 60%
Ms. Newberry is a resilience planner with 6 years' experience specializing in general plans, adaptation plans, and air quality analysis. Ms. Newberry has extensive knowledge of California' s general plan safety element requirements and climate change adaptation policy. She specializes in creating resilience policy that meets the state requirements and promotes broader community goals. Ms. Newberry' s wide- ranging knowledge of resilience planning coupled with her background in municipal policy and planning give her a unique perspective on implementing
environmental justice and climate related policy.
Safety Planner — Hazards, Wildfire, and Evacuation
Michael Huff, RCA
Project Availability: 25%
Michael Huff is founder and manager of Dudek' s Urban Forestry/ Fire Protection Planning team with 27 years' experience as a forester and fire protection planner. Mr. Huff specializes in management of community -wide and project -specific fire protection plans, wildlandurban interface fire management plans, wildfire hazard reduction projects, CEQA supporting technical documents, oak woodland impact and mitigation plans, urban and community forest management plans, forest and tree inventories, impact analysis studies, and tree hazard evaluations. Mr. Huff possesses considerable project issue resolution experience and focuses on working within the regulations to provide creative, cost -saving solutions to his clients. He also serves as a speaker/ trainer at the annual Fire Prevention Officer' s Institute.
Mr. Huff' s relevant experience includes the following:
City of Carlsbad Community Forest Management Plan
Chula Vista Wildland Urban Interface Code Implementation Plan Del Mar Wildfire Hazard Reduction Project, Crest Canyon Education
California Polytechnic State
University, San Luis Obispo
MCRP, Environmental Planning
and Sustainability
Humboldt State University
BS, Environmental Management and
Protection/ Natural Resources
Planning
Certifications
AICP, No. 31064
Professional Affiliations
APA
American Society ofAdaptation
Professionals
Education
Northern Arizona University
BS, Forest Management
Certifications
Registered Consulting Arborist ( RCA)
Certified Arborist, No. WE- 4276A
San Diego County Department of
Planning and Land Use ( DPLU)-
Approved Fire Protection Planner
Laguna Beach Fire Department -
Approved Fire Protection Planner
Certified Wildland Fire Ecologist
Professional Affiliations
American Society of
Consulting Arborists
National Fire Protection Association
International
California Fire Chiefs Association -
Fire Prevention Officers
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CQA Lead
Lisa Maier
Project Availability: 65%
Lisa Maier is a planner specializing in CEQA and National Environmental Protection Act ( NEPA) document preparation, long- range housing and land -use planning, trail planning, and emergency management planning.
She works with clients to identify and mitigate environmental concerns and produce defensible CEQA/ NEPA documents. Her most relevant recent experience includes 6th cycle Housing Element Update Environmental Impact Report (EIR) for County of Los Angeles and 6th cycle Housing Element Update MND for City of Highland.
Education
San Diego State University
MCP, City Planning
UC Riverside
BA, Psychology and Political
Science
Professional Affiliations
AEP, Board Member, Co -VP of
Programs
APA
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Experience on Similar Work
Highland Housing ( 2021- 2029), Safety, and Environmental Justice Elements Client: City of Highland
Preparers: Asha Bleier, Shannon Wages, Erika Van Sickel, Rose Newberry Dudek is preparing the comprehensive update of the City of Highland' s Housing and Safety ( including Environmental Justice) Elements. The Housing Element will identify appropriate sites needed to meet the Regional Housing Needs Allocation ( RHNA).
Additionally, Dudek is developing programs to implement the Housing Element that are consistent with state law and are suited to meet the specific needs of the community and provide a high quality of life to all. Dudek staff members are preparing a detailed assessment of the hazards affecting the City of Highland, when they may occur, where the City of Highland is most vulnerable, and which communities are most impacted by hazards. Dudek is preparing a Vulnerability Assessment and Capability Assessment. Dudek is also collaborating with the City of Highland to create a virtual outreach hub, including news/ events, resources, and other project details, in addition to three online public workshops. Dudek is also prepare the CEQA documentation.
El Cajon Safety and Environmental Justice Elements
Client: City of El Cajon
Preparers: Asha Bleier, Rose Newberry
Dudek is preparing the City of El Cajon Safety, and Environmental Justice Elements. The Safety and Environmental Justice Elements provide a succinct assessment of the natural hazards, climate change effects, and public health issues facing the City of El Cajon and provides specific and actionable policy that address safety needs community wide, as well as policies specific to the disadvantaged communities. Dudek is also preparing a Mitigated Negative Declaration for the Housing, Safety and Environmental Justice Element updates.
Lomita Safety Element
Client: City of Lomita
Preparers: Asha Bleler, Rose Newberry
Dudek is preparing the comprehensive update of the City of Lomita' s Safety Element. The Safety Element will include a detailed assessment of the hazards affecting the City of Lomita, when they may occur, where the City of Lomita is most vulnerable. Dudek is preparing a Vulnerability Assessment and Capability Assessment.
Dudek is also collaborating with the City of Lomita on a comprehensive public outreach plan including online public workshops and integration with social media as well as other creative solutions to gain valuable input.
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Placentia General Plan Update
Client: City of Placentia
Preparers: Shannon Wages, Rose Newberry
Reference: Joseph Lambert, Director of Development Services; 714.993. 8124; jlambert@placentia. org Dudek' s Project ManagerShannon Wages, formerlyat High Peaks Planning, served as principal in charge of the Placentia General Plan Update and, more specifically, authored the Safety Element in collaboration with Dudek. Initially, the assignment was simply to update data to reflect the most recent census data and bring the revised General Plan to adoption. However, Ms. Wages identified a deficit in recent community engagement; policy review with leadership; and inclusion of important elements like sustainability, economic development, environmental justice, climate change, and health and wellness. The City of Placentia agreed and expanded the scope of the project, allowing the city to benefitfrom a complete and valuable General Plan. Ms Wages brought in the Dudek team as support to prepare and successfully complete the elements within a strict deadline and constrained budget. More specifically, the Dudek team worked with Ms. Wages in preparation of the Safety Element, policies, recommendations and the vulnerability assessment. The purpose of the vulnerability assessment was to identify climate -related hazards, potential hazards affecting the City of Placentia, and their relation to vulnerable and underserved populations within the City of Placentia. The vulnerability assessment is provided as an Appendix to the Safety Element.
Los Angeles Housing Element Update ( 2021- 2029)
Client: County of Los Angeles
Preparers: Asha Bleier, Lisa Maier
Reference: Tina Fung; Supervising Regional Manager, Housing Policy Section; 213. 974. 6417; tfung@planning. lacounty. gov
Dudek is preparingthe program EIR forthe Los Angeles County Housing Element Update. The project is the 6th Cycle Housing Element Update, which anticipates the designation of approximately 90, 000 housing units across Los Angeles County to meet state -mandated RHNA goals and objectives. Dudek is acting as an extension of public agency staff for the preparation of the Los Angeles Housing Element Update Program El and associated technical work that includes analysis of biological resources, air quality, noise, energy, greenhouse gas emissions, cultural resources, historic resources, and traffic.
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City of Indio Housing dement Update ( 2021- 2029)
Client: City of Indio
Preparers: Shannon Wages, Erika Van Sickel
Dudek was awarded the City of Indio' s 6th cycle housing element update. Under this contract, the Dudek team will comprehensively update the City' s current 2014- 2021 Housing Element for compliance with the requirements of the 6th Cycle Regional Housing Needs Assessment ( RHNA) process. The 6th Cycle RHNA has identified a housing unit need of 7, 793 units, which is more than a 150% increase in the number of units required in the 5th Cycle 3, 025). The Dudek team will also evaluate " pro -housing" policies focused on financial issues, including, but not limited to, direct financial incentives, alternative or enhanced housing delivery organizational strategies, City and regional fee strategies, potential local or regional housing trust fund options and gap financing alternatives for workforce and affordable housing to facilitate the planning, approval, and construction of housing. A major impediment to housing in Indio is the financial cost of development, and a pro -housing financial strategic plan will in large part focus on addressing cost factors that are impeding the development of affordable housing. Dudek teamed with London Moeder Advisors ( LMA) for their analytical and advisory expertise in development financing.
LMA will work with Dudek to define the issues; pinpoint constraints; and provide recommendations that will accompany a toolkit of strategies to bridge the funding gap. Dudek is also preparing an addendum to the City' s General Plan Environmental Impact Report (EIR) for this project.
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Public Outreach
Public Outreach, Engagement, and Facilitation
Effective public participation is vital to facilitate successful projects from planning through completion. Dudek helps local agencies identify specific areas where outreach and engagement are critical to meet objectives. We help local agencies draw from the concerns and suggestions of multiple stakeholder groups, committees, and commissions to define community goals and coalesce around common purposes. Our staff is skilled in engaging Y with local community members and agency officials to address concerns in the local agency' s planning process.
Our staff coordinates with planners, critical local environmental groups, and property owners, as well as other key stakeholders, as part of the background review and outreach process so that new or updated policies reflect local needs. Our staff is skilled in preparing public and legal notices, staff reports, resolutions, and ordinances. We also F understand the legal requirements for preparing and distributing these materials. Our public outreach materials meet critical deadlines, are legally defensible, and are thoroughly reviewed internally. Dudek staff members have w
strong presentation and public -speaking skills, and are comfortable making presentations and recommendations to decision -making bodies and committees, including planning commissions, and city councils.
Expert Outreach Gains Stakeholder Consensus
Dudek has extensive experience conducting public outreach and facilitating sustained and meaningful engagement as part of many high -profile projects and environmental review processes. With demonstrated expertise in writing, presentation, and negotiation, the Dudek team is able to communicate with both agencies and technical colleagues toward the successful attainment of our client' s goals. Our project managers relay scientific and regulatory information in a way that is easy to understand and are able to gain the trust of a wide range of constituents. We facilitate community workshops and outreach events to address participants' concerns so they feel they are an integral part of the solution.
To identify key issues and concerns, our public outreach experts:
Conduct stakeholder analyses;
W • Develop and cultivate productive, professional relationships with the public, stakeholders, and agencies; Develop and implement outreach and engagement plans;
Facilitate meetings and workshops;
Maintain communication with the community and elected officials through ongoing briefings, notices, and flyers; Provide public information and education;
Involve the public early (so public viewpoints can be incorporated into the decision -making process); Define the nature, scope, and expected and actual output of public participation activities; Prepare project milestone illustration and full documentation aimed at the public and project stakeholders; and
Develop knowledgeable and credible project liaisons able to support the project to help it proceed on schedule to fruition.
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Social Media Powers Modern Public Outreach
Reaching, engaging, and holding the interest of stakeholders is crucial to project success. However, it is often a challenge to reach and retain engagement from diverse groups and millennial -age stakeholders with traditional off -the - shelf outreach tactics, such as newsletters and direct mail. Dudek understands the power of addingsocial media to traditional public outreach strategies, and is equipped to increase the reach and results of project outreach.
Ourteam' s use of social media presents a unique and effective opportunityto tailorthe public outreach process to each of the various stakeholder groups, meeting them where they' re most comfortable and likely to engage. Additionally, a tailored approach encourages stakeholders to remain involved in what can sometimes be a long process.
Dudek' s public involvement team includes graphic designers, photo simulation specialists, and social media experts who allow our clients to interact with the public across numerous social media channels including Facebook, Twitter, and YouTube. Each social platform includes robust capabilities, and is uniquely suited to convey information and engage the public in various ways, including:
Facebook is used to post photo albums that show project progress from start to finish and display relevant conceptual mock- ups, maps, or figures. Invitations to outreach events can be created, with a simple interface to RSVP and to interact with other stakeholders and the projectteam before and after events. The discussion functionality can be leveraged to encourage dialogue, interaction, and idea sharing.
Twitter is used to link to relevant content, such as notices, environmental documents, and relevant news articles, as well as for concisely conveying pertinent project and meeting information.
YouTube is used to engage viewers with compelling visual content that quickly conveys the intended message, whether explaining a nuanced process, outlining a project work plan, or chronicling a project's process after completion.
Email marketing platforms allow for direct distribution of media releases and outreach materials to the list of interested parties. MailChimp, Constant Contact, and others can be integrated with social media platforms and used as a separate tool to send document notices to interested parties and to provide a focused communication avenue for stakeholders.
Ourteam utilizes the native analytics capabilities of these platforms to track engagement across social channels, encouraging an adaptive public outreach approach. This allows outreach specialists to gauge the effectiveness of the outreach process, as well as nimbly make adjustments in real time in order to improve stakeholder engagement.
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References
It43 9n, 1 0 1=1 Project Name Project Dates
I City of Highland Housing, Salvador Quintanilla, MPA; Planning services June 2020- July Safety and 909. 864, 6861 Ext. 259; for preparation of 2021 Environment squintanilla@cityofhighland. or housing, safety and al Justice g environmental
Element 27215 Base Line justice elements
Updates
Highland, California 92346
2 City of El Cajon Safety and Melissa Devine, Planning Planning services March 2020- Environment Manager; 619. 441. 1773; for safety and August 2021 al Justice mdevine@cityofelcajon. us environmental
Element 200 Civic Center Way justice elements;
Updates
El Cajon, California 92020
CEQA
3 City of Placentia Safety Joseph Lambert, Director of Planning services June 2019- Element Development Services; for safety elements; December 2019 Update 714.993. 8124; CEQA
jlambert@placentia. org
401 E Chapman Avenue
Placentia, California 92870
4 City of Indio Housing Kevin Snyder, A1CP; Planning services November Element Director Community for preparation of 2020- October Update Development housing; CEQA 2021
City of Indio
100 Civic Center Mall
Indio, California 92201
760. 541. 4255 ( direct)
ksnyder@indio. org
5 County of Los Housing Tina Fung; Supervising Preparation of April 2020- Angeles Element Regional Manager, Housing program EIR October 2021 Update Policy Section;
213. 974. 6417;
tfung@planning. lacounty.gov
320 W Temple St,
Los Angeles, California
90012
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4-
IT
9
Appendix A
Work Product Examples
Placentia Safety and Environmental Justice Elements
L
RICH HERITAGE • BRIGHT FUTURE
Safety Element
rl rlrl i113y 1Id
RICH HERITAGE • BRIGHT FUTURE
contents
7. 1 Introduction 7- 2
7.2 Geologic & Seismic Safety Considerations 7- 3
7. 3 Urban Fire Hazards 7- 13
7.4 Flood & Dam inundation Hazards 7- 17
7. 5 Hazardous Materials and Waste 7- 23
7. 6 Climate Change 7- 26
7. 7 Police and Law Enforcement 7- 30
7.8 Disaster Preparedness, Response and Recovery 7- 31
7. 9 Goals and Policies 7- 34
7. 10 Safety Action Plan 7- 40
tables, figures, & exhibits
Exhibit 7- 1. Regional Faults.............................................................. ........ 7- 9 Exhibit 7- 2. Potential Liquefaction and Landslide Hazard Zones.........., 7- 10 Exhibit 7- 3. Well Locations..................................................................... 7- 11 Exhibit 7- 4. Pipeline Locations ............ ................................................... 7- 12 Exhibit 7- 5. Evacuation Routes.............................................................. 7- 21 Exhibit 7- 6. FEMA Flood Zones.............................................................. 7- 22 Exhibit 7- 7. Hazardous Facilities .,.............................................. ............ 7- 24 Table 7- 1. Impacts Due to Climate Change............................................ 7- 29
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7.1 INTRODUCTION
Protecting the health, safety and welfare of the community is a fundamental role of the City of Placentia. The City faces the potential for natural and human -induced emergencies and disasters, many of which are made worse by climate change.
Climate change occurs as the earth warms in response to solar energy being trapped in the atmosphere by greenhouse gasses such as carbon dioxide ( CO2).
Hazards facing Placentia include flooding, earthquakes, fires, heat waves, poor air quality and hazardous spills. Therefore, it is important that the City maintain policies and programs to protect and educate citizens and maintain an effective emergency response to incidents concerning public safety. These potential hazards have the ability to affect residents, businesses, and the City' s economy to varying degrees.
Therefore, to plan and protect the community, the Safety Element will equitably address the future needs of the community, including the City' s most vulnerable and underserved populations ( i. e. people with disabilities, seniors, children, limited English proficiency, and those without personal vehicles or access to public transportation). Considerations for these populations are largely addressed under the topic of disaster preparedness, response and recovery ( Sections 6. 8 and 6. 9).
Addressing the Safety Element from a socially -conscious perspective, the City of Placentia understands that vulnerable and underserved populations experience various economic, physiological, and mental inequalities which create additional N
degrees of vulnerability within specific segments of the population. Members of various populations may experience this vulnerability if they live near freeways or a other areas known to produce higher -concentrated levels of pollution, have limited financial resources to prepare for hazards, have decreased economic and social capacity, or educational disparities.
y\ WM619MA 134092RE1: 1
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A focused vulnerability assessment was conducted and the considerations from this assessment were used to complete this Element. The purpose of the vulnerability assessment was to identify climate -related hazards, potential hazards affecting Placentia, and their relation to vulnerable and underserved populations within the City ( see this assessment in Appendix 7- 1). Climate change has broad implications including longer, hotter summers, increased severity of weather, more and larger wildfires, more flooding, and sea level rise. How climate change affects a community depends on its location, natural resources, built environment, and, most importantly, the varying degrees to which community members can respond to its impacts.
The vulnerability assessment found that in Placentia, climate change is most likely to increase the number and intensity of heat waves and decrease air quality in the City. The vulnerability assessment also analyzed the two census tracts in the City that are identified by the California Environmental Protection Agency ( CaIEPA) as adversely effected by the impacts of climate change due to the convergence of existing health, location and economic factors. These two census tracts represent the La Jolla and Old Town communities and are discussed in this Element. ( See also the Health and Environmental Justice Elements for additional goals and policies on this topic.)
The sections going forward will document and assess the natural and human - induced hazards present within this City of Placentia, and how these hazards may adversely affect the community. The Safety Element policies seek to minimize potential dangers to residents, workers, and visitors and to reduce the level of economic and property loss due to a potential disaster. It also describes the emergency preparedness, response and recovery programs to be used before, during and after crisis situations.
7.2 GEOLOGIC & SEISMIC SAFETY
CONSIDERATIONS
C
e ionalf and Local Faults
The City of Placentia is located in seismically active Southern California. Active and potentially active faults are located adjacent to Placentia; however, there are no mmJ` r Alquist- Priolo Earthquake Fault Zones within the city limits. The California Geological Survey defines active and potentially active faults in the Alquist- Priolo AP) Special Studies Zone Act ( 1994). For the purpose of the Act, active and potentially active faults are defined as those that have ruptured during the Holocene period ( 11, 000 years ago) and Quaternary period ( 1. 5 million years ago) respectively.
Maps of Earthquake Fault Zones have been published by the California Geological Survey in accordance with the AP Special Studies Zone Act, 1994, which regulates development near active faults. i
r
t
f
i
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Although Placentia does not lie within an AP Zone, seismic risk is still considered high because of the proximity to other active AP faulting in the region. Major faults that have potential to impact the City are shown in Exhibit 7- 1, Regional Faults. The faults shown on this map are summarized below:
1. Yorba Linda seismic source zone is a group of faults located approximately
0. 3 miles northeast of the City of Placentia and can produce a magnitude
6.4 earthquake.
2. The Puente Hills ( Coyote Hills) is a northwest trending blind Thrust Fault systeml that extends approximately 26 miles between downtown Los mm
Angeles and northern Orange County. The fault is buried and extends beneath the San Gabriel Mountains where it merges with the Sierra Madre Fault System. Locally the approximate location of the fault is between Whittier fault and the City of Placentia. The Puente Hills thrust is considered to be the source of the 1987 magnitude 6. 0 Whittier Narrows earthquake.
T
In 2014, this fault produced a magnitude 5. 1 quake, with over 100 aftershocks within the following few days. The Puente Hills Thrust dips about 25 degrees to the north and is considered capable of generating a r magnitude 7. 1 earthquake.
3. Peralta Hills Thrust is an east -west trending thrust fault along the south flank of the Peralta Hills, about 3 mile southeast of the center of the City of Placentia. This is the closest known active fault to the City. This feature has been exposed in several excavations and displaces Tertiary -age rocks over Quaternary period deposits. Recent small earthquakes ( 1999-2000) with magnitudes of 1. 7 to 3. 9 at depths of 3. 5 to 12 km under the Peralta Hills indicate right -oblique reverse active faulting below the area, supporting the concept of a deeper main break of the Peralta Hills thrust fault system. The fault is located approximately 3 miles southeast of the City. The length of the fault zone suggests that a maximum earthquake of about 6. 0 to 6. 5 is capable of occurring on this feature.
4. Whittier Fault is part ofthe Whittier- Elsinore fault system and extends from w
the Los Angeles basin area to Mexico, a distance of more than 250km. The Whittier segment extends along the western margin of the Puente Hills for a distance of about 40km. The fault is about 3. 8 mile north of the center of the City of Placentia. Although this fault has not generated any major earthquakes in historical time, geological relationships suggest that it is capable of generating a magnitude 6 to 7.2 earthquake.
5. Newport -Inglewood Structural Zone is expressed as a series of discontinuous faults and folds extending from the Santa Monica fault at its northern end to the Newport Beach area where it trends offshore. The estimated total length of the fault zone is approximately 65 miles. The s If the rock mass above an inclined fault ( i.e. fractures where the blocks have mostly shifted vertically) moves down, the fault is termed normal, whereas if the rock above the fault moves up, the fault is termed reverse. A thrust fault is a reverse fault with a dip of 45 degrees or less. A blind thrust fault is a thrust fault that does not rupture all the way up to the surface so there is no evidence of it on the ground. It is ' buried' under the uppermost layers of rock in the crust.
Earthquake Glossary, tISGS, httos // earthquake uses aav/ learnlalossaryl, 201 B.
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RICH HERITAGE • BRIGHT FUTURE
magnitude 6.25 Long Beach earthquake of 1933 occurred on the Newport - Inglewood fault. The epicenter of the earthquake was offshore near Newport Beach. The fault zone is located approximately 14. 6 miles southwest of the City and is considered capable of producing earthquakes with a magnitude of up to 7. 4.
6. Sierra Madre Fault is part of a set of north -dipping reverse faults extending between Santa Barbara Channel east to Chino Basin. The fault is located about 17 miles north of the City. The fault is classified as Holocene in age and is considered capable of producing earthquakes with a magnitude of up to 8.0.
7. The San Jacinto Fault system is highly seismically active and has been the source of several historical fault ruptures associated with the earthquake magnitudes in the range of 6 to 7. The San Jacinto fault zone extends more than 150 miles northwesterly from the Imperial segment near the Gulf of California to the San Gabriel - San Bernardino Mountains north of San Bernardino. The fault is located about 34 miles northeast of the City and is considered capable of producing earthquakes with a magnitude of up to
7. 5.
8. The San Andreas Fault system extends southeasterly from Cape Mendocino, approximately 200 miles north of San Francisco, to the east side of the Salton Sea, a distance of almost 700 miles. The central portion ofthe San Andreas Fault produced a major earthquake in 1857 that resulted in ground rupture over approximately 190 miles from the Cholame Valley, in San Luis Obispo County, to just northwest of the San Bernardino area.
The City of Placentia is located approximately 36 miles southerly of the central segment of the San Andreas Fault. The San Andreas Fault is considered capable of producing earthquakes with a magnitude of up to
7. 9.
9. The Norwalk Fault is located approximately 4.5 miles west-northwest of the City of Placentia. It is postulated to have been the source of a magnitude
4.7 earthquake in 1929; however, the fault is not classified as an active AP fault by the California Geological Survey.
Although ground rupture is not considered to be a major concern for the City of Placentia, it is still likely that the city will be subject to some moderate to severe seismic shaking. Some degree of structural damage due to stronger seismic shaking should be expected, but the risk can be reduced through adherence to seismic design codes ( California Building Code 2016).
There are twelve documented buildings in the City that are constructed of unreinforced masonry, built before 1933 and therefore are most at risk of structural damage. These structures are listed below and a map of their locations is provided in Appendix 7- 2:
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1. 234 S. Bradford - APN: 339- 061- 07
2. 238 S. Bradford - APN: 339- 061- 08
3. 109 Santa Fe Ave - APN: 339- 365- 25
4. 141 Santa Fe Ave - APN: 339-365- 10
5. 110 Santa Fe Ave - APN: 339- 394- 06
6. 100 Santa Fe Ave - APN: 339- 394- 07
7. 214 Santa Fe Ave - APN: 339- 393- 07
8. 226 Santa Fe Ave - APN: 339- 393- 02
9. 301 Santa Fe Ave - APN: 339-363- 19
10. 352 Santa Fe Ave - APN: 339-392- 01
11. 330 Santa Fe Ave - APN: 339- 3992- 07
12. 310 Santa Fe Ave - APN: 339- 392- 11
Soil liquefaction is a seismically induced form of ground failure, which has been a major cause of earthquake damage in Southern California. During the 1971 San Fernando and 1994 Northridge earthquakes, significant damage to roads, utility pipelines, buildings and other structures was caused by liquefaction. Liquefaction takes place when granular materials that are saturated by water lose strength and transform from a solid to a liquid state. Liquefaction generally occurs during significant earthquake activity, and structures located on saturated granular soils such as silt or sand may experience significant damage during an earthquake due to the instability of structural foundations and the moving earth. Soils most susceptible to liquefaction are saturated, loose, uniformly graded, fine- grained sand deposits. However, silty sands and sandy silts have also been reported to be susceptible to liquefaction or partial liquefaction.
The occurrence of liquefaction is generally limited to soils located within about 50 feet of the ground surface. Primary factors affecting the potential for a soil to undergo liquefaction include:
1. Depth to groundwater;
2. Soil type;
3. Relative density of the soil and initial confining ( overburden) pressure; and
4. Intensity and duration of ground shaking.
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Potential problems associated with soil liquefaction include ground surface settlement ( Le., vertical movement of the ground), loss of foundation bearing support strength, and lateral spreading ( i. e., landslides). The City' s building codes require structures in liquefaction areas to be designed to withstand the potential impacts that could be caused by liquefaction. According to the California Department of Conservation, Division of Mines and Geology ( CGS, 1998 and 2005), areas of high liquefaction potential for the City of Placentia are provided in Exhibit 7- 2, Potential Liquefaction and Landslide Hazard Zones. p it w li!& d l_ cl; m9 ? li w
Slope failure can occur as either rapid movement of large masses of soil landslide") or slow, continuous movement (" creep"). Landslides result from the downward movement of earth or rock materials that have been influenced by gravity. In general, landslides occur due to various factors including steep slope conditions, erosion, rainfall, groundwater, nature of the underlying soil or bedrock, previous landslide deposits, and grading impacts.
The majority of City of Placentia has not been mapped as being within a zone susceptible to landslide as designated by the State of California Seismic Hazard Zones, Yorba Linda Quadrangle ( CGS, 2005). However, a few local slope instabilities appear in the northwest area ofthe City, just south side of Anaheim Union Reservoir in Tri City Park. Landslide potential within the City is shown in Exhibit 7-2, Potential Liquefaction and Landslide Hazard Zones.
Ah , 1e_ " q ' Pipelines represent ivi ;_ S Va15 iiC vi w( 3", . e sr`, ahazard due tothe contents of thepipelines and thepotential for them to rupture, causing chemical leaks, explosions or fires. Historically, mining activities and petroleum exploration have resulted in the creation of open pits and wells. In some cases, pits and wells may have been abandoned and backfilled with CITY OF
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undocumented fill materials. Existing pits and wells backfilled with undocumented materials may be subjectto differential settlement, which causes structures to shift, and often become damaged, due to the uneven lowering of the earth. Differential settlement is closely related to subsidence, which is the sudden sinking or gradual downward settling of the earth' s surface with little or no horizontal movement.
Subsidence can be caused by natural geologic processes or by human activity such as subsurface mining or pumping of oil or groundwater.
The City of Placentia has numerous oil wells and pipelines (oil recovery operations) operating within the city. The location of these facilities is represented in Exhibits 7- 3 ( Well Locations) and 7-4 ( Pipeline Locations).
Placentia' s Municipal Code dictates where these facilities can be located, required maintenance, required fencing, procedures for how to abandon, and the requirement for additional safety measures and performance standards. Adherence to these requirements reduce the risks associated with the wells and pipelines. The Division of Oil and Gas Geothermal Resources ( DOGGR) also regulates active oil facilities and provides standards for their abandonment.
CITY OF PLACENTIA
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7.3 URBAN FIRE HAZARDS
A majority of large fires occur in areas classified as Wildland or Wildland-urban Interface; however, fires can, and historically have occurred in vastly urban environments throughout the nation. Oftentimes, urban fires have involved unpopulated areas within the urban area that may contain brush or grasslands, and some historical fires have included structures in close proximity.
As of 2019, the City of Placentia is approaching " build -out" conditions with approximately 98 percent of developable land developed or in the process of developing. Approximately 54. 5 acres, or 1. 3 percent, of the City' s total acreage is vacant. Placentia is surrounded by other build -out cities and is not adjacent to Wildland areas; therefore, the risk of Wildland- Urban Interface fires is relatively nonexistent. Placentia' s remaining vacant parcels of land are primarily in the southern portion of the City and are zoned for industrial and/ or commercial uses. As a result of buildout, the City must continue to address the growing need to defend both life and property from urban fires.
Prior to July 1, 2019 the city' s fire services were provided by the Orange County Fire Authority ( OCFA) and beginning July 2019 the city transitioned to a full -service, public safety entity with the introduction of the Placentia Fire and Life Safety Department ( PFLSD). Collectively the city' s public safety entities and the Fire and Life Safety Department have increased access to the various special operations resources and equipment through mutual -aid and automatic -aid agreements with surrounding jurisdictions. Agreements with bordering jurisdictions enhance the city' s capacityto procure helicopters, heavy equipment, large- scale disaster medical units, and Special Response Teams —such as Hazardous Material Units. To respond
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to urban and nearby wildland fires, Placentia has two fire stations, Station 1 and 2.
Station 1, is located at 110 South Bradford Avenue and is home to Engine 1, Station 2 is home to the PFLSD Battalion Chief; a Quint / Aerial Apparatus, and a rapid response apparatus. The PFLSD is comprised of career firefighters and reserve staff to support large- scale incidents.
Water resources used to combat fires are provided through the citywide fire hydrant systems which are serviced by the city' s two water departments — Yorba Linda Water District and Golden State Water Company. Through routine infrastructure upgrades and maintenance projects, the PFLSD has access to a well -developed network of water systems to adequately respond to large-scale, multi -alarm fires that may occur within the city.
In urban areas, where the protection of structures is the principal goal, the effectiveness of the city' s fire response efforts is based upon several factors, including the age of structures, type of structures, efficiency of circulation routes that correlate with response times, and availability of water resources to combat fires. The principal fire hazard in Placentia is from structures.
In addition, there are several oil pipelines throughout the City which are owned and operated by private industry. Utilizing a proactive approach, oil pipelines and wells located in the City are documented by the State of California, and responses to incidents related to these systems are a part of the PFLSD' s Hazardous Materials Response Plan which document best practices for containing releases, leaks, and spills associated with these pipelines and wells.
Many factors contribute to the severity of fires including weather; specifically, winds locally referred to as the Santa Ana winds ( strong, extremely dry, downslope winds).
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The Santa Ana winds pose a significant fire hazard to the City each year, and typically occur from September to the first significant rain in December. The combination of dry air, low humidity, and heavy winds contributes to what is ultimately referred to as " fire weather" due to the limited amount of moisture in the air and increased dry, dead vegetation. As the City of Placentia approaches "build - out" fires resulting from the combination of the Santa Ana winds and dry, dead vegetation will continue to decrease as the undeveloped parcels are reduced.
The City does not have a significant history of fire -- structural or wildland. The last multi -alarm fire in Placentia was in April 2013, and this involved a house and adjacent restaurant in the Old Town area of the City where construction is older, and the structures are closer together.
With the city approaching build -out, there are no longer any high -fire danger zones located within the City of Placentia. Although there is minimal undeveloped, open space located within the city, Placentia does border outsidejurisdictions which have vast Wildland- Urban Interfaces ( WUIs), and these WUIs may pose an indirect threat to the City.
To enhance the fire and life safety protections of the community, the PFLSD has implemented a robust Community Risk Reduction Program that conducts regular fire inspections of public and private structures and events in Placentia pursuant to state and local law. The PFLSD works in collaboration with multiple internal and external partners to complete plan reviews on proposed construction, enhance fire protection systems, and ensure the structures are designed to reduce the risk of fire before the projects are even built.
The PFLSD will continuously implement multiple, innovative fire prevention and community risk reduction programs on an " as -needed" basis to promote tailored safety measures for the members of the community. The fire prevention and risk reduction programs include:
e Fire Setter Regional Intervention Education Network This program is designed specifically for juveniles or youth who are exhibiting unusual or increased interest in fire and fire behavior. This intervention program is available to children and their families throughout the city. o The implementation of a wide- ranging program to reduce risk to members of the senior community, access and functional needs community, and non-English proficient members ofthe community.
s An educational campaign focused on business resistance and resilience. e The City's evacuation routes and transportation assembly points are shown in Exhibit 7- 5 ( Evacuation Routes and Assembly Locations). The City of Placentia has elected to provide pre -designated evacuation routes and Transportation Assembly Points ( TAPs) for members within or traveling through the community. A majority of citizens will be able to self -evacuate
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through the use of pre -designated evacuation routes; however, many individuals may require assistance in the event of a wide -scale emergency impacting the City and/ or surrounding cities. Emergency personnel will attempt to utilize pre -designated evacuation routes to facilitate the orderly movement of vehicles through the city and assist members of the community with directions and additional information determined by the incident. The utilization of the pre -designated evacuation routes is contingent on the type of emergency that is impacting the City, and specifics regarding the use of evacuation routes will be determined during an emergency.
TAPS are pre -designated locations for members of the community who may not have access to adequate transportation, require special assistance, have access and/ or functional needs; and/ or they are, or are with, an unaccompanied minor( s). TAPS are provided to ensure that equal access to evacuation transportation is provided to all members of the community. Without diversified methods of evacuation, the most vulnerable populations will not have adequate access to services and safety afforded to members of the community with private, functioning methods of transportation; therefore, the TAPs have been strategically located throughout the City to allow for all members of the community to have access to these resources.
TAPs are growing in importance with their relation to land use planning and the development associated with high -density housing. As new development in the Transit - Oriented Development ( TOD) and Old Town areas allow for high density populations and encourage diversified methods of transportation ( e. g. ride -sharing, mass transit), TAPs will continue to grow in importance and will need to be revisited as populations increase.
CITY OF PLACENTIA
7.4 FLOOD & DAM INUNDATION HAZARDS
Second to fires, the Federal Emergency Management Agency ( FEMA) has determined that floods are the most common and widespread of all -natural disasters. Most communities in the United States have experienced some kind of flooding, during spring rains, heavy thunderstorms, or winter snow thaws. Climate change has increased the intensity of storms, which increases the risk of flooding because global warming increases the temperatures of the water and air, creating the climatic conditions for heavier rain, melting snowcaps and icebergs, and more hurricanes and tornados.
In the Los Angeles and Orange County region, total rainfall is expected to stay relatively stable, however, extreme events such as drought and heavy rainfall are projected to increase due to climate change ( California Natural Resources Agency 2018). Increases in extreme rainfall will in turn increase flooding. Most ofthe City is not in a flood hazard zone, however, some areas on the east and south sides are in the 500- year flood zone ( 0. 2% chance of flooding each year) and could see increased flooding and reduced drainage from intense storms. A small pocket of homes between Highway 57 and Orangethorpe Avenue is in the 100- yearflood zone 1 % chance of flooding each year) and is most likely to be impacted from flooding due to changes in rainfall. The La Jolla community in the southwest corner of Placentia is located in the 100- year flood zone, with a portion in the 500- year flood zone. As discussed in Section 6. 6, Climate Change, the La Jolla community is one of the two communities designated by the California Environmental Protection Agency as a disadvantaged area ( i. e., more vulnerable to climate change due to the CITY of PLACENTIA