HomeMy WebLinkAboutC32130 Update 2014-2021 Housing Element and Regional Housing Needs Assessment"20
1 9\
Mom 1 rE
CITY OF PALM D ISiff TAMM TO 2ND BED'I G
DEPARTMENT OF COMMUNITu I�`._,... --
STAFF REPORT
REQUEST: AWARD OF CONTRACT NO. C- 32130 TO TERRA NOVA PLANNING &
RESEARCH INC. IN THE AMOUNT OF $47,110.00 FOR THE UPDATE OF
CITY'S 2014-2021 HOUSING ELEMENT AND THE 6" REGIONAL
HOUSING NEEDS ASSESSMENT CYCLE (RHNA) AS REQUIRED BY
THE STATE OF CALIFORNIA
SUBMITTED BY: Kevin Swartz, Assistant Planner
DATE: August 23, 2012
CONTENTS: Contract No. C-32130
Current Housing Element dated May 12, 2011
Terra Nova & Planning Research Inc. Proposal
Recommendation
By Minute Motion, that the City Council:
1) Subject to such minor technical changes as the City Attorney may deem necessary,
award Contract No. C-32130 to Terra Nova & Planning Research Inc. in the
amount of $47,110.00 for the update of the City's 2014-2021 Housing Element and
the 61h RHNA cycle as required by the State of California and;
2) Authorize the Mayor to execute the same.
Discussion
California Government Code requires that every city and county update their Housing Element
every eight years as part of their General Plan. The City of Palm Desert Housing Element was
last updated and approved by the State Department of Housing and Community Development
(HCD) on July 7, 2011. The deadline set by HCD for the next update is due by October 2013.
Although the update isn't due until October 2013, the City needs to commence the work in 2012.
The funds were approved in the fiscal year 2012/2013 budget for this State -mandated work, in
account number 400-4470-412-3090.
Staff sent out four Requests for Proposals (RFP) for professional services to update the City's
2014-2021 Housing Element and 61h RHNA cycle. The selected consultant will be responsible
for all steps necessary to prepare and process the document including: data gathering; public
out -reach; study sessions; public hearings; policy recommendations; the appropriate California
Staff Report
Contract to Update Housing Element
Page 2 of 2
August 23, 2012
Environmental Quality Act (CEQA) document; and knowledge of California legislation that
amends, increases, or impacts the housing element including SB 375, SB 812, AB 1867, AB
1233, AB 162, and SB 244.
Additionally, new legislation (SB 244) requires the update to identify all infrastructure
deficiencies in isolated sphere of influence areas, and devise financing strategies that would
make the needed upgrades financially feasible. In Palm Desert's case, this means that the City
would have to do this analysis for the Bermuda Dunes area.
Firms that submitted proposals are as follows:
1. Terra Nova Planning & Research Inc. — Palm Desert, CA 92260
2. Jean Laurin -Lawrence — Rancho Mirage, CA 92270 and
Castaneda & Associates — Riverside, CA 92501
3. Lisa Wise Consulting, Inc — San Luis Obispo, CA 93401
Planning staff put together an evaluation team that consisted of four members to discuss the
proposals received from each firm. Each member reviewed the submittal selection criteria of the
RFP based on: qualifications of the firm; key staff member qualifications; scope of work;
completeness of response; cost of proposal; and firms with a local office.
After calculating the scoring process and discussion, the evaluation team selected Terra Nova &
Planning Research Inc, based upon the qualifications of the principal planner, Nicole Criste,
who has prepared over 25 housing elements for various municipalities in Southern California.
Also, they demonstrated the greatest knowledge of Palm Desert's deep history of providing
quality affordable housing in the community. The evaluation team believes they are best suited
to perform the professional services to update the City's 2014-2021 Housing Element and 6th
RHNA cycle.
Submitted By:
Department Head:
Lauri Aylaian,
Director of Community Development
GAPlanning\Kevin Swartz\Word\Housing Element= RFP Reward.doc
Contract No. C32130
AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is made and entered into this day of
20 ("Effective Date") by and between the CITY OF PALM DESERT ("City")
and , a California Corporation ("Consultant") (sometimes
referred to individually or collectively as "Party" or "Parties").
WITNESSETH
WHEREAS, City desires to retain Consultant as an independent contractor to
perform certain technical and professional consulting services in connection with the
update of City's 2014-2021 Housing Element and the 6th Regional Housing Needs
Assessment Cycle (RHNA) as required by the State of California project, subject to the
terms and conditions specified below, in the documents attached and incorporated herein,
and applicable federal, state and local law.
NOW, THEREFORE, in consideration of performance by the Parties of the
mutual promises, covenants, and conditions herein contained, the Parties hereto agree
as follows:
1. Consultant's Services.
1.1 Nature of Services. Consultant shall provide professional and technical
services on a non-exclusive basis, as more particularly described in Section 3, below,
and in Exhibit A, Scope of Services.
1.2 Personnel. Consultant represents that it has, or will secure at its own
expense, all personnel required to perform the services under this Agreement. All of the
services required under this Agreement will be performed by Consultant or under its
direct supervision, and all personnel engaged in the work shall be qualified, and shall be
authorized or permitted under state and local law to perform such services.
1.3 Standard of Performance. Consultant shall perform all services under this
Agreement in accordance with the standard of care generally exercised by like
professionals under similar circumstances and in a manner reasonably satisfactory to
City.
1.4 Consultant Representative. For the purposes of this Agreement, the
registered architect, engineer, or landscape architect who will serve as the Consultant
Representative shall be Terra Nova Planning & Research.
1.5 Time of Commencement. The execution of this Agreement by the Parties
does not constitute an authorization to proceed. A separate written notice to proceed
shall be issued by the City Representative, and Consultant shall not commence work
until receipt of such written Notice(s) to Proceed, as further set forth in Sections 2 and 3,
below.
Professional Services Agreement — City — V.1
Contract No. C32130
1.6 Time of Performance/Time is of the Essence. Consultant shall commence
the services contemplated under this Agreement immediately upon receipt of a written
Notice to Proceed from the City, and shall prosecute to completion each task listed in
Section 3 in a timely and diligent manner within 396 calendar days of receipt of a
Notice to Proceed, or in accordance with the schedule appended to this agreement as
Exhibit B.
Services by City:
2.1 City Representative. For the purposes of this Agreement, the City
Representative shall be Kevin Swartz, Assistant Planner or such other person
designated by the City's Executive Director.
2.2 Provision of Data. All information, data, reports and records and maps as
are existing and available from the City and necessary for the carryings out of the work
outlined in Exhibit "A" hereof shall be furnished to Consultant without charge by City,
and City shall cooperate in every way reasonable in the carrying out of the work without
delay.
3. Consultant's Scope of Work. Upon delivery by City to Consultant of a
written Notice to Proceed, Consultant shall immediately commence work pursuant to
this Agreement. Consultant's scope of work shall consist of the services in Exhibit A
appended to this Agreement.
3.1 Reporting & Record Keeping. To assist City in the performance of its
planning, reporting, and financial administration obligations, Consultant shall,
throughout the term of this Agreement, keep City reasonably informed of progress on
work required under this Agreement, and of any problems or delays, anticipated or
otherwise, associated with each aspect of the work. Consultant shall promptly respond
to any request by City for information, progress reports, or documentation. Consultant
shall maintain accurate records of all work performed for each Assignment under this
Agreement, including but not limited to originals or copies, as applicable, of all
deliverable documents described in Exhibit A. Upon the completion of work, and if
requested by the City, Consultant shall deliver to City the originals of all renderings,
models, or documentation produced, and may retain copies of such documentation, at
Consultant's election.
3.2 Compliance with Laws. Consultant shall at all times possess any and all
licenses and permits necessary to provide the services herein, and shall comply with
applicable federal, state and local laws, ordinances, codes and regulations in the
performance of this Agreement, and with all applicable with any applicable City of Palm
Desert policies and guidelines.
3.3 Confidentiality. Except as otherwise permitted or required by law,
Consultant shall maintain as confidential and shall not disclose any and/or all
information received in the course of performing pursuant to this Agreement.
Consultant shall promptly inform the City in the event Consultant receives a subpoena
or court order requiring disclosure of confidential information.
E
Contract No. C32130
4. Compensation. City shall pay Consultant for the Services provided
under this Agreement on the following basis.
4.1 Not -to -Exceed Fee: City shall pay to Consultant a total amount not to
exceed $47,110.00 for the basic services described in Exhibit A. Payment shall be
made on a monthly basis, based upon the hourly rates defined in Exhibit C, multiplied
by the number of hours worked by each classification of personnel assigned to the
project during the previous calendar month. The not -to -exceed fee shall not be
exceeded without written agreement between the parties.
5.2 Additional Services: Additional services beyond those described in Exhibit
A shall be reimbursed on a time -spent basis at the hourly rates described in Exhibit C.
City shall not be obligated to compensate Consultant for additional services performed
without advance authorization from the City Representative.
5.3 Reimbursable Expenses: City shall pay to Consultant actual costs, subject
to the limitation given below, for expenses incurred on behalf of the project for long
distance telephone calls, reproduction, express delivery and courier services, postage,
out-of-town travel if pre -approved in writing by the City Representative, and other
expenses directly attributable to the project and expressly approved by the City
Representative. Reimbursable expenses, including Consultant's mark-up, shall not
exceed $2,500.00 for this project.
5.4 Extraordinary Expenses/Costs. No claims for additional services,
expenses or costs incurred by Consultant will be allowed unless such additional
services, expenses or costs are authorized by City in writing prior to the performance or
incurrence of such services, expenses or costs. Any additional services, expenses or
costs authorized by City shall be compensated at rates mutually agreed upon by the
Parties in writing.
6. Method of Payment.
6.1 Invoices. Consultant shall submit to City invoices each month for all
services, if any, completed, and all expenses or costs incurred pursuant to this
Agreement during the preceding month. The invoices shall describe the services
rendered during the period and shall show the number of hours worked, the hourly rates
charged, and any milestone achievements. Copies of receipts for expenses or costs
shall be submitted with each invoice. City shall review such invoices and notify
Consultant in writing within fifteen (15) calendar days of any disputed amounts.
6.2 Payment. City shall pay all undisputed portions of the invoice within thirty
(30) calendar days after receipt of the invoice up to the maximum amounts set forth in
Section 5.
6.3 Audit of Records. At any time during regular working hours, all records,
invoices, time cards, cost control sheets and other records maintained by Consultant
shall be available for review and audit by the City.
3
Contract No. C32130
7. Ownership of Work Product.
7.1 Property of City. All documents including but not limited to plans, bids,
proposals, correspondence, permits, certificates, contracts, change orders, invoices,
receipts, reports, analyses or other written material developed or obtained by
Consultant in the performance of this Agreement, including any and all intellectual
property rights arising there from ("Work Product"), shall be and remain the property of
City without restriction or limitation upon its use or dissemination by City. Promptly
upon the completion of each Assignment, or at any other time upon reasonable notice
to Consultant by City, Consultant shall deliver all Work Product to City.
8. Conflict of Interest/Prohibited Conduct and Interests
8.1 Conflict of Interest. Consultant and its officers, employees, associates and
sub consultants, if any, will comply with all conflict of interest statutes of the State of
California applicable to Consultant's services under this Agreement, including, but not
limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and
Government Code Section 1090. During the term of this Agreement, Consultant shall
retain the right to perform similar services for other clients, but Consultant and its
officers, employees, associates and sub consultants shall not, without the prior written
approval of the City Manager, perform work for another person or entity for whom
Consultant is not currently performing work that would require Consultant or one of its
officers, employees, associates or sub consultants to abstain from a decision under this
Agreement pursuant to a conflict of interest statute.
8.2 No Solicitation. Consultant, on behalf of itself and its officers, employees,
agents and representatives, warrants that it has not employed or retained any company
or person, other than a bona fide employee working solely for Consultant, to solicit or
secure this Agreement, and that it has not paid or agreed to pay any company or
person, other than a bona fide employee working solely for Consultant, any fee,
commission, percentage, brokerage fee, gifts, or any other consideration, contingent
upon or resulting from the award or making of this Agreement. For breach or violation
of this warranty, City shall have the right to terminate this Agreement without notice or
liability or in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee,
gift or contingent fee.
8.3 No Financial Interest - City. No officer, member or employee of City
during his or her tenure or one year thereafter shall have any interest, direct or indirect,
in this Agreement or the proceeds thereof. The Parties hereto covenant and agree that
to their knowledge no member of the City Council, or officer or employee of City, has
any interest, whether contractual, non -contractual, financial or otherwise, in this
Agreement, or the subject matter thereof, nor any business or financial relationship with
Consultant, and that if any such interest comes to the knowledge of either Party at any
time a full and complete disclosure of all such information will be made in writing to the
other Party or Parties, even if such interest would not be considered a conflict of interest
under applicable laws.
El
Contract No. C32130
8.4 No Financial Interest — Consultant. Consultant hereby covenants, on
behalf of itself, and its officers, employees, agents and representatives, that at the time
of executing this Agreement it has no interest, and that it shall not acquire any interest
in the future, direct or indirect, which would conflict in any manner or degree with the
performance of services required to be performed pursuant to this Agreement.
Consultant further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by Consultant. At no time during the term of
this Agreement, and for one (1) year thereafter, shall Consultant or anyone acting on
Consultant's behalf, accept anything of value from any contractor or subcontractor
performing services in connection with the HIP.
9. Indemnification. Consultant shall indemnify, protect, defend and hold
harmless the Agency and the City of Palm Desert, their officials, employees, agents and
representatives from and against any and all losses, liabilities, damages, costs, and
expenses, including attorney's fees and costs to the extent same are caused in whole or
in part by any negligent or wrongful act, error, or omission of the Consultant, its officers,
agents, employees or sub Consultants (or any entity or individual that the Consultant
shall bear the legal liability thereof) in the performance of professional services under
this agreement.
10. Insurance. Consultant will maintain insurance in conformance with the
requirements set forth below. If Consultant's existing coverage does not meet the
requirements set forth here, it will be amended to do so. Consultant acknowledges that
the insurance coverage and policy limits set forth in this section constitute the minimum
amount of coverage required. Any insurance proceeds available to City in excess of the
limits and coverage required in this agreement and which is applicable to a given loss,
will be available to City.
10.1 Workers' compensation and employer's liability_ Consultant shall provide
Workers Compensation and Employer's Liability Insurance on an approved policy form
providing benefits as required by law with employer's liability limits no less that
$1,000,000 per accident or disease.
10.2 Professional Liability or Errors and Omissions. Professional Liability or
Errors and Omissions insurance as appropriate shall be written on a policy form
coverage specifically designed to protect against acts, errors or omissions of the
Consultant and "Covered Professional Services" as designated in the policy must
specifically include work performed under this agreement. The policy limit shall be no
less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of"
the insured and must contain a provision establishing the insurer's duty to defend. The
policy retroactive date must be on or before the effective date of this agreement.
10.3 Automobile liability. Consultant shall provide auto liability coverage with a
limit of no less than $1,000,000 per accident. If Consultant owns no vehicles, this
requirement may be met through a non -owned auto endorsement to the CGL policy.
5
Contract No. C32130
10.4 Waiver. If the Consultant does not carry Worker's compensation
coverage, or if the Consultant will not operate any vehicles at any time within the scope
of the services in the agreement, provisions for these coverage's may be waived upon
review and approval of the City's Risk Manager.
11. Status as Independent Contractor. Consultant is, and shall at all times
remain as to City, a wholly independent contractor. Consultant shall have no power to
incur any debt, obligation, or liability on behalf of City. Neither City nor any of its
officials, employees or agents shall have control over the conduct of Consultant or any
of Consultant's employees, except as set forth in this Agreement.
12. Non -Assignability; Subcontracting. Consultant shall not assign or
subcontract all or any portion of this Agreement without the City's prior, written consent.
Any attempted or purported assignment or sub -contracting by Consultant shall be null,
void and of no effect.
13. Non -Discrimination and Equal Employment Opportunity. In the
performance of this Agreement, Consultant shall not discriminate against any employee,
subcontractor, or applicant for employment because of race, color, creed, religion, sex,
marital status, national origin, ancestry, age, physical or mental disability, medical
condition, or sexual orientation. Consultant will take affirmative action to ensure that
subcontractors and applicants are employed, and that employees are treated during
employment, without regard to their race, color, creed, religion, sex, marital status,
national origin, ancestry, age, physical or mental disability, medical condition, or sexual
orientation. This clause shall be included in any contract prepared or approved by
Consultant in connection with performance of its services under this Agreement.
14. Cooperation. In the event any claim or action is brought against
Redevelopment Agency or City relating to Consultant's performance or services
rendered under this Agreement, Consultant shall render any reasonable assistance and
cooperation, which Agency or City might require.
15. Termination. The right is reserved by the City to terminate the
Agreement at any time upon seven (7) days written notice, in the event the project is to
be abandoned or indefinitely postponed, or in the event the Consultant's services, in the
sole judgment of City, are unsatisfactory or because of the Consultant's failure to
prosecute the work with diligence or within the time limits specified or because of his
disability or death. In any such case, the Consultant shall be paid the reasonable value
of the services rendered, based upon Consultant's standard hourly rates, up to the time
of the termination. The Consultant shall keep adequate records to substantiate costs
and provide copies of original time -cards in the event of termination or suspension.
16. Notices. Any notices, bills, invoices, or reports required by this
Agreement shall be given by first class U.S. mail or by personal service. Notices shall
be deemed received on (a) the day of delivery if delivered by hand or overnight courier
service during Consultant's and City's regular business hours or by facsimile before or
during Consultant's regular business hours; or (b) on the third business day following
deposit in the United States mail, postage prepaid, to the addresses heretofore set forth
C:
Contract No. C32130
in the Agreement, or to such other addresses a
designate in writing pursuant to the provisions
delivered to the Parties at the following addresses
s the Parties may, from time to time,
of this section. All notices shall be
City: John M. Wohlmuth, City Manager
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, California 92260-2578
Tel: (760) 346-0611
Fax: (760) 340-0574
With a copy to: Kevin Swartz, Assistant Planner
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, California 92260-2578
Tel: (760) 346-0611
Fax: (760) 776-6417
Consultant: Terra Nova Planning & Research Inc
Nicole Criste
42-635 Melanie Place, Suite 101
Palm Desert, CA 92260
Tel: (760) 341-4800
Fax: (760) 341-4455
7
Contract No. C32130
17. Non -Waiver of Terms, Rights and Remedies. Waiver by either Party of
any one or more of the conditions of performance under this Agreement shall not be a
waiver of any other condition of performance under this Agreement. In no event shall
the making by City of any payment to Consultant constitute or be construed as a waiver
by City of any breach of covenant, or any default which may then exist on the part of
Consultant, and the making of any such payment by City shall in no way impair or
prejudice any right or remedy available to City with regard to such breach or default.
18. Attorney's Fees. In the event that either Party to this Agreement shall
commence any legal action or proceeding for damages for breach, or to enforce or
interpret the provisions of this Agreement, the prevailing party in such action or
proceeding shall be entitled to recover its costs of suit, including reasonable attorney's
fees and experts' costs.
19. Exhibits; Precedence. All documents referenced as exhibits in this
Agreement are hereby incorporated in this Agreement. In the event of any material
discrepancy between the express provisions of this Agreement and the provisions of
any document incorporated herein by reference, the provisions of this Agreement shall
prevail.
20. Entire Agreement. This Agreement, and any other documents
incorporated herein by specific reference, represents the entire and integrated
agreement between Consultant and City. This Agreement supersedes all prior oral or
written negotiations, representations or agreements. No promise or representation,
whether oral or written, express or implied, that is not set forth herein, shall be binding
or have any force or effect. This Agreement may not be amended, nor any provision
waived, except in a writing signed by the Parties which expressly refers to this
Agreement.
21. Partial Invalidity. In case any provision of this Agreement should be
deemed by a court of competent jurisdiction to be invalid, illegal or unenforceable in any
respect, the validity, legality or enforceability of the remaining provisions shall not be
affected or impaired thereby.
22. Successors. This Agreement shall bind and inure to the benefit of the
respective heirs, personal representatives, successors and assigns of the parties to this
Agreement.
23. Waivers. No waiver of any breach or default of any term or provision of
this Agreement shall be deemed a waiver of any other term or provision of this
Agreement, and no waiver shall be valid unless in writing and executed by the waiving
party.
Contract No. C32130
24. Construction. Section headings in this Agreement are solely for the
convenience of the parties and are not a part of and shall not be used to interpret this
Agreement. This Agreement shall not be construed as if it had been prepared by one of
the parties, but rather as if both parties have prepared it. Unless otherwise indicated, all
references to Sections ace to this Agreement. All exhibits to this Agreement are hereby
incorporated by reference.
IN WITNESS WHEREOF, said parties have executed this Agreement effective
as of the Effective Date above.
CONSULTANT
By:
Its:
CONSULTANT
By:
Its:
CITY OF PALM DESERT
Mayor
ATTEST:
Rachelle D. Klassen, City Clerk
APPROVED AS TO FORM
Dave Erwin, City Attorney
9
Contract No. C32130
EXHIBIT A
SCOPE OF PRFESSIONAL SERVICES
SCOPE OF SERVICES
Consultant shall provide the following services under the terms of the Agreement:
1. Establish regular meeting schedule for City staff/Consultant team meetings, status
meetings and public workshops.
2. Knowledge of California legislations that amends, increases, or impacts the housing
element including SB 375, SB 812, AB 1867, AB 1233, AB 162, and SB 244.
3. Meet the requirements of new legislation (SB 244), develop additional text for the
Land Use Element that identifies populated areas of the Sphere of Influence (using
data developed and available from LAFCo). Identify water, sewer, storm drainage
and fire facilities currently existing, and needs and deficiencies in these areas. Also,
provide a discussion of the potential funding mechanisms that could make extension
of services possible. In Palm Desert's case, this means that the City would have to
do this analysis for the Bermuda Dunes area.
4. Review existing policies and programs, and develop analysis of progress made in
addressing each of them. Identify policies and programs that require carry-over into
the Update, eliminate those that have been completed, and determine new programs
that may be necessary for the 2014-2021 planning period.
5. Update demographic section to include 2010 Census information, and where
appropriate more recent information with current housing stock and values.
6. Work with staff to determine what sites will be needed in the vacant lands inventory
(Table III-33) to meet the City's RHNA.
7. Governmental and environmental constraints will be updated, using data collected
from City departments. This will include fee schedule analysis, including engineering,
planning and building permit fee analysis. Any development impact fees imposed by
the City will also be incorporated into the analysis.
8. Update goals, policies, and programs to reflect the elimination of Redevelopment
Agency. Work with staff in incorporating any changes in legislation that might protect
housing funds or re -institute housing funds in the Update.
9. Amend draft Housing Element as required, and submit to HCD for review.
10. Track HCD review process, and facilitate provision of any additional information or
explanation of methodology, as required. The goal is to receive conditional approval
of the Element by HCD prior to its submittal to the Planning Commission and City
Council for their actions.
10
Contract No. C32130
11. Make changes required by HCD, after review and approval by City staff. We would
assume two revisions to accommodate HCD comments.
12. Prepare CEQA Initial Study Checklist (IS), Negative Declaration and public notice
documentation. Provide to City for posting and advertising in Desert Sun. Coordinate
with City planning staff to ensure consistency and conformance with City Rules to
Implement CEQA.
13. Prepare, in cooperation with City staff, Planning Commission and City Council staff
reports, in a format acceptable to the City. Working with City staff, make presentation
and answer questions at one Planning Commission and one City Council hearing.
Prepare any amendments made by City Council action, and submit to HCD for
certification.
11
Contract No. C32130
EXHIBIT B
SCHEDULE
Palm Desert Housing Element Update
Project Schedule
Task
9/12 101i2 11/12
12/12
1/13
2/13
3/13
4/13
5/13
6/13
7/13
8/13
9/13
Research & Data Collection
• Demographics
• Review existing policies &
programs
;>
• Analyze & modify sites
inventory
• LAFCo and utility research
Housing Element Drafting
Community Workshops
Prepare Land Use Element
Amendment/AB 244'
Compliance
Planning Commission & City
HCD Review, Ist Draft (90
Amend Element per HCD
Comments
HCD Review 2"'Draft (60 days,
Prepare & Circulate Initial
Study (20 days)
Planning Commission Hearing
City Council Hearing
File NOD/CEQA Appeal Period
Adopted Document Review by
HCD/Certification
12
Contract No. C32130
EXHIBIT C
City of Palm Desert Housing Element Update Project Budget
Terra Nova Staff Time Amount
Client Staff Meetings (16 hrs @ $155/Hr.)
$ 2,480.00
(6 hrs @ $135/Hr.)
$ 810.00
(6 hrs @ $95/Hr.)
$ 570.00
Preparation for and Attendance at Two Public Workshops
(6 hrs @ $155/Hr.)
$ 930.00
(6 hrs @ $55/Hr.)
$ 330.00
Research and Data Collection
(8 hrs @ $155/Hr.)
$ 1,240.00
(32 hrs @ $135/Hr.)
$ 4,320.00
(24 hrs @ $95/Hr.)
$2,280.00
Housing Element Drafting
(24 hrs @ $155/Hr.)
$ 3,720.00
(48 hrs @ $135/Hr.)
$ 6,480.00
( 24 hrs @ $95/Hr.)
$ 2,280.00
CEQA Initial Study Preparation and Circulation
(12 hrs @ $155/Hr.)
$ 1,860.00
(24 hrs @ $95/Hr.)
$ 2,280.00
(12 hrs @ $40/Hr.)
$ 480.00
Responses to HCD Comments
(30 hrs @ $155/Hr.)
$ 4,650.00
Staff Reports, Presentations, etc. for PC & CC
(12 hrs @ $155/Hr.)
$ 1,860.00
Land Use Element Amendment/AB 244 Compliance
(12 hrs @ $155./Hr.)
$ 1,860.00
(24 hrs. @ $135/Hr.)
$ 3,240.00
(24 hrs. @ $95/Hr.)
$ 2,280.00
(12hrs. @ $55/Hr.
$ 660.00
Sub Total: $44,610.00
Reimbursables $2,500.00
Black & White/Color Photo Copies
Miscellaneous Office Expenses: Telephone Toll Charges
Fax Transmittals, reproduction, postage
Total Project Budget: $47,110.00
13
r -I
L i TERRA NOVA PLANNING & RESEARCH INC'
July 30, 2012
Mr. Kevin Swartz
Assistant Planner
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
RE: Housing Element Update Proposal
Dear Kevin:
City of Palm Desert
Community Development
JUL 312012
Terra Nova is pleased to submit the following proposal in response to your Request for Proposal
(RFP) dated July 9, 2012. As you are aware, Terra Nova has assisted the City in preparing its last two
Housing Elements, and would be pleased to provide the City with the next update as well. The
following responds to your RFP categorically.
Introduction and Understanding of the Project
The City of Palm Desert updated its Housing Element and received California Department of Housing
and Community Development (HCD) `certification' for the document in 2011. The current Housing
Element addresses the 2006 through 2013 planning period, and has been adopted by the City Council.
Subsequent to adoption, the City completed all the re -zoning of parcels necessary to meet its Regional
Housing Needs Assessment (RHNA). The current Housing Element was based on 2000 Census data,
because 2010 Census data was not available at the time of its drafting. The update will need to include
2010 Census information.
The Draft RHNA for the 2014-2021 planning period has been released, and decreases the City's
RHNA target from 4,586 to 413 units. Although not yet final, any changes are expected to be minor.
The City will therefore be able to reduce its site inventory, and should be able to meet its RHNA
allocation with considerably less land than currently required.
The Housing Element is not expected to contain significant changes in policy direction, but will need
to address the loss of Redevelopment Agency activities, funding and participation. As changes in law
continue to unfold, it is currently difficult to determine how these items will be addressed. The
Housing Element draft will need some flexibility to incorporate changes as they occur.
Several changes in law affect the 2014-2021 update, including SB 244. This law requires amendment
of the Land Use Element of the General Plan to identify "unincorporated fringe communities" in the
City's Sphere of Influence, and determine infrastructure needs for those communities. Because this
42635 MELANIE PLACE, SUITE 101 ❑ PALM DESERT, CA 92211 ❑ (760) 341-4800❑ FAX (760) 341-4455
City of Palm Desert
Housing Element Proposal
July 30, 2012
requirement applies to the Land Use Element, and HCD has no jurisdiction, we highly recommend that
the amendments be made only to the Land Use Element, that this amendment be processed
concurrently with the Housing Element approval to the City Council, but not transmitted to HCD.
Finally, State law now requires that the Housing Element be adopted by October of 2013, in order to
avoid penalties. Our proposed schedule works to adopt the Element in plenty of time to meet that
requirement, and parallels the `Key Dates' provided in the RFP. Given that the Element is currently
certified, and the changes required to meet State law are not substantial, HCD's review of the Update
should not require more than two submittals.
erra Nova Key Personnel
ee ma -Nova staff members will be assigned to the Palm Desert Housing Element Update. Ms.
Nicole Sauviat Criste will be the Principal in Charge of the project, Ms. Olivia Ervin will be the
primary author, and Ms. Kelly Clark will assist in document research and writing. Their resumes are
provided below.
NICOLE SAUVIAT CRISTE
Vice President/Princinal Planner
Ms. Criste has led Terra Nova's Housing Element efforts since the firm's inception. Her experience
with Housing Elements has included Palm Desert (2002 and 2011), Rancho Mirage (1987, 2001 and
2010), Cathedral City (2001 and 2010), Palm Springs (2010), Blythe (1987, 2001, 2010), Yucca
Valley (1989, 2001, 2010), and Apple Valley (2010). For the P Update cycle (1998-2006), Ms.
Criste completed and received certification from HCD for five Housing Elements. In the 4`h Update
cycle (2006-2013), Ms. Criste completed and received certification from HCD for seven Housing
Elements.
Since 1981, Ms. Criste has conducted extensive land use analysis, development design, market
research analysis and marketing strategy development. Her land use/market feasibility experience
has included the analysis and application of demographic research to determine real estate and
development trends, focused marketing campaigns, and to gauge project feasibility.
With Terra Nova since 1985, Ms. Criste has researched and assisted in the preparation of
environmental documents for all the cities of the Coachella Valley, the U.S. Bureau of Indian
Affairs, Federal Highway Administration, Farmer's Home Administration and the Economic
Development Administration.
Ms. Criste also works extensively in current planning, assisting the cities of La Quinta, Palm
Springs, Banning, San Bernardino, and Yucca Valley in the processing of applications ranging from
Specific Plans to Use Permits. Her experience in this area ranges from the staffing of planning
department to individual case work and preparation of Initial Studies and Mitigation Monitoring
Programs.
Ms. Criste is a graduate of Scripps College with a Bachelor of Arts degree in European Studies.
City of Palm Desert
Housing Element Proposal
July 30, 2012
OLIVIA A. ERVIN
Senior Planner/Quantitative Analyst
Ms. Ervin has been a valued member of the Terra Nova team since early 2007. Since that time she
has been involved in a number of projects in the Coachella Valley, including the preparation of
CEQA Initial Studies, elements of Specific Plans and General Plans and associated EIRs.
During the 41h Housing Element Update cycle (2006-2013), Ms. Ervin assisted in the research and
development of Housing Elements for the cities of Palm Desert, Rancho Mirage, Cathedral City and
Blythe.
She brings her substantial quantitative analytical abilities to air quality analysis, water
supply/demand modeling, and other statistical and quantitative analysis. Most recently, Ms. Ervin
has been conducting modeling and analysis on greenhouse gas (GHG) emissions and regulations,
climate change science, impact analysis and mitigation strategies.
Most recently, Ms. Ervin has been project planner with responsibility for Caltrans NEPA and CEQA
review and processing for the Ramon Road improvement project and the Cathedral
Canyon/Whitewater River Bridge project. She also recently completed air quality analyses for the
Frank Simatra roadway widening project in Rancho Mirage and the COD Indio Education Center
EIR.
Ms. Ervin graduated from the University of California, Davis with a Bachelor's degree in
Environmental and Resource Science. This multidisciplinary program emphasized the biological,
chemical, and physical features of environmental resources, as well as the economic and social
considerations associated with their use, conservation, protection, and management.
KELLY CLARK
Assistant Planner
Ms. Clark joined Terra Nova in 2011. She is a recent graduate of the University of California,
Berkeley, with a Bachelor of Science degree in Conservation and Resource Studies. Ms. Clark's
coursework emphasized sustainable urban development, environmental policy and community
design. With a background in environmental and urban studies, she provides research and document
drafting for environmental documents.
Since joining Terra Nova, Ms. Clark has provided research and analysis required for CEQA and
NEPA documents, local green building policies and various development projects throughout the
Coachella Valley, including Initial Studies for the cities of Desert Hot Springs, San Bernardino,
Hemet and Twenty-nine Palms. She also contributed to the preparation of the College of the Desert
Indio Campus EIR, and is currently part of the team drafting the College of the Desert West Valley
Campus EIR.
3
City of Palm Desert
Housing Element Proposal
Julv 30.2012
Relevant Project Experience
Terra Nova has completed Housing Element Updates for many of the cities of the Coachella Valley,
and for cities of similar size elsewhere in Riverside and San Bernardino counties. Specifically, we
completed 41h cycle updates for the cities of Palm Springs, Cathedral City, Rancho Mirage and Palm
Desert; as well as the City of Blythe, and the Towns of Apple Valley and Yucca Valley. We are
particular proud that our Housing Element clients have relied on us for multiple Housing Elements,
and that we have been able to consistently receive certification from HCD for our clients.
We have successfully completed the last two Housing Elements for the City of Palm Desert,
addressing specific critical issues in each version of the document. In the 1998-2006 planning period,
the City had to address the terms of a Stipulated Judgment, and assure that the Element remained
consistent with the community's vision. In the 2006-2013 planning period, the most critical issue, as
described below, related to identification of adequate sites to meet the RHNA requirements. Although
the process was difficult, sufficient land was identified, and HCD certified the document.
As requested in the RFP, we provide the following three similar projects with references.
City of Palm Desert Housing Element Update
Terra Nova updated the Housing Element for the City of Palm Desert for the 1998-2006 and 2006-
2013 planning periods. For the most recent Update, the City's limited higher density vacant land
inventory posed the greatest challenge, and extensive work was undertaken to identify and characterize
sites for re -zoning to satisfy the City's RHNA. Negotiations with HCD were extensive, but resulted in
certification by HCD.
Reference: Ms. Lauri Aylaian, Director of Community Development, City of Palm Desert (760) 346-
0611
City of Rancho Mirage Housing Element Update
Terra Nova updated the Housing Element for the City of Rancho Mirage for the 1998-2006 planning
period. The primary issue with this Update was associated with the vacant land inventory, and the
need to restrict lands within the newly adopted Section 19 Specific Plan for affordable housing. As
with Palm Desert, the City's RHNA allocation was very high, and required re -zoning of land within
the Specific Plan area. The element was certified by HCD and adopted by the City Council.
Reference: Mr. Randy Bynder, City Manager, City of Rancho Mirage, (760) 324-4511
Town of Apple Valley Housing Element Update
Terra Nova updated the Housing Element for the Town of Apple Valley in conjunction with a major
General Plan Update. The primary issues associated with this Housing Element related to Apple
Valley's very low density development and its ability to meet affordable housing needs as a result. The
Housing Element and General Plan addressed density issues through the creation of a Mixed Use
designation, and the expansion of the inventory of High Density lands. The element was certified by
HCD and adopted by the Town Council.
Reference: Ms. Lori Lamson, Acting Director of Community Development, (760) 240-7000, extension
7204
4
City of Palm Desert
Housing Element Proposal
July 30, 2012
Familiarity with the City of Palm Desert
In addition to the Housing Elements we have prepared for the City, Terra Nova has been fortunate to
work in and for the City on a number of projects, including:
• The Fiscal Impact Analysis in support of the City's consideration of annexation of the Sun City
area and northern Sphere of Influence.
• Environmental documents for the proposed Vons and Rosewood Hotel projects.
• The City's currently adopted General Plan.
• Environmental documents for College of the Desert and California State University.
• Environmental documentation for private development projects, including the Stone Eagle and
Canyons at Bighorn projects on Highway 74.
Because of our long history with the City, we have gathered and developed extensive background
information on the City, including the demographics needed for the Housing Element Update. We also
believe that we have a good working relationship with City staff, and an understanding of the political
environment in the City. We believe that this understanding, coupled with our physical location only
minutes away from City Hall, will support the effective completion of the Housing Element Update in
a time -efficient and cost-effective manner.
Task Outline and Schedule of Work
We believe that the Housing Element Update should not incorporate any significant changes in policy
direction, and have identified the following critical tasks as part of the Update effort. These tasks are
directly tied to the schedule and the estimate of man-hours hours provided below.
Review existing policies and programs, and develop analysis of progress made in addressing
each of them. Identify policies and programs that require carry-over into the Update,
eliminate those that have been completed, and determine new programs that may be
necessary for the 2014-2021 planning period. This task will also address the loss of
Redevelopment, insofar as the assignment of responsibility for programs will need to be
shifted elsewhere.
• Update demographic section to include 2010 Census information, and where appropriate
more recent information (such as Department of Finance, current housing stock and values,
etc.).
• Work with staff to determine what sites will be needed in the vacant lands inventory (Table
III-33) to meet the City's reduced RHNA.
• In compliance with SB 812, expand the Special Housing Needs Assessment to include
persons with developmental disabilities. Research will focus on existing agencies providing
services, including DesertArc, Angel View and others.
• Revise programs to meet requirements of SB 375, defining timelines for programs to ensure
implementation with beneficial impacts during the program period (Programs currently
City of Palm Desert
Housing Element Proposal
July 30, 2012
shown as "Ongoing" will require more specific identification and quantification of benefits
within the 2014-2021 planning period.)
• Update goals, policies and programs to reflect elimination of Redevelopment Agency. Work
closely with staff in incorporating any changes in legislation that might protect housing funds
or re -institute housing funds in the Update.
In order to meet the requirements of SB 244, develop additional text for the Land Use
Element that identifies populated areas of the Sphere of Influence (using data developed and
available from LAFCo). Identify water, sewer, storm drainage and fire facilities currently
existing, and needs and deficiencies in these areas. Provide a discussion of the potential
funding mechanisms that could make extension of services possible. As noted above, this
documentation will be prepared concurrently with the Housing Element Update, but will not
be part of the Update. Rather, we recommend that a Land Use Element text amendment be
processed through City Council approval concurrently with the adoption of the Housing
Element Update.
• In coordination with City Staff, prepare for, coordinate and staff two community workshops
(primarily geared toward stakeholders such as affordable housing developers, public agency
staffs, etc.). Our anticipated time allocation also includes one Planning Commission and one
City Council Study Session; and one Planning Commission and one City Council hearing.
• Coordinate response to comments from HCD with City staff, and draft modifications to
Update as necessary.
Prepare CEQA Initial Study and Checklist, Negative Declaration and public notice
documentation.
The project schedule is provided below. It is consistent with the tasks described above, and the `Key
Dates' provided in the City's RFP.
City of Palm Desert
Housing Element Proposal
Julv 30.2012
Palm Desert Housing Element Update
Project Schedule
Task
9/12
10/12
11/12
12/12
1/13
2/13
3/13
4/13
5/13
6/13
7/13
8/13
9/13
Research & Data Collection
• Demographics
• Review existing policies &
programs
• Analyze & modify sites
k
inventory
• LAFCo and utility research
Housing Element Drafting
Community Workshops
Prepare Land Use Element
Amendment/AB 244
Compliance
Planning Commission & City
Council Studv Sessions
HCD Review, 1st Draft (90
days)
Amend Element per HCD
Comments
HCD Review 2"d Draft (60 days)
Prepare & Circulate Initial
Planning Commission Hearing
City Council Hearing
File NOD/CEQA Appeal Period
Adopted Document Review by
HCD/Certification t d
Time Allocation and Fee Schedule
Based on the tasks and project schedule, we have developed the following estimate of the hours
needed to complete the Housing Element Update. The time allocation is followed by our current fee
schedule.
Task
Meetings (Internal and with City staff)
Research and Data Collection
Staff Person/Hours
Principal/16 hours
Senior/6 hours
Assistant/6 hours
Principal/8 hours
Senior/32 hours
Assistant/24 hours
7
Housing Element Drafting
Prepare for and Attend Community Workshops (2)
Land Use Element Amendment/AB 244 Compliance
Planning Commission & City Council Study Sessions & Hearings (4)
Responses to HCD Comments
Initial Study Preparation and Circulation
Reimbursables (Not to exceed
I
City of Palm Desert
Housing Element Proposal
July 30, 2012
Principal/24 hours
Senior/48 hours
Assistant/24 hours
Principal/6 hours
Exhibit Preparation/6 hours
Principal/12 hours
Senior/24 hours
Assistant/24 hours
Exhibit Preparation/12 hours
Principal/12 hours
Principal/30 hours
Senior/12 hours
Assistant/24 hours
Administrative Assistant/12 hours
$2.500.00
L -A TERRA NOVA PLANNING & RESEARCH, INC.°
STANDARD FEE SCHEDULE
2012
Terra Nova Staff
Principal Planner
Senior Planner
Associate Planner
Assistant Planner
Design Principal
Media Specialist
Exhibit Preparation
Administrative Assistant
Hourly Rate
$ 155.00
$ 135.00
$ 115.00
$ 95.00
$ 135.00
$ 85.00
$ 55.00
$ 40.00
REIMBURSABLES
Black & White/Color Photo Copies $ 0.15/0.30 ea.
Miscellaneous Office Expenses: Telephone Toll Charges
FAX Transmittals, reproduction, postage, etc. Cost
8
City of Palm Desert
Housing Element Proposal
July 30, 2012
Conclusion
I believe that Terra Nova is best suited to complete the City's Housing Element Update, and hope
that the materials provided in this proposal adequately demonstrate this. We have worked hard to
secure certification of the Element for the City in the past two cycles, and hope to have this
opportunity again.
I look forward to discussing this project with you further. If you have any questions or require
additional information, please do not hesitate to contact me.
Sincerely,
Nicole Sa
Principal
9