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HomeMy WebLinkAboutKimley-Horn and Associates, Inc. - 2020-10-19 DYED 5`1-D City of Huntington Beach File #: 21 -22- MEETING DATE: 3/15/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Ursula Luna-Reynosa, Director of Community Development Subject: Approve and authorize execution of Contract Amendment No. 1 with Kimley-Horn, Inc. for preparation of the 6" Cycle Housing Element in an amount not to exceed $52.900 for Public Outreach Statement of Issue: Transmitted for the City Council consideration is a request to amend an existing contract between the City and Kimley-Horn, Inc. The contract for the 61' Cycle Housing Element Update would be increased by an amount not to exceed $52,900. The contract amendment is needed to provide expanded public outreach during the 61h Cycle Housing Element Update, Financial Impact: No additional appropriations are requested for this action. The Kimley-Horn, Inc. amendment will be absorbed within the approved Community Development Department's FY 2020/21 budget, Professional Services account 10060201.69365. Recommended Action: Approve and authorize the Mayor and City Clerk to execute "Amendment No.1 to Professional Services Contract Between the City of Huntington Beach and Kimley-Horn, Inc. for the 61h Cycle Housing Element Update." Alternative Action(s): Deny the contract amendment between the City and Kimley-Horn, Inc. and direct staff accordingly. Analysis: The City Council approved the professional services contract for the 611 Cycle Housing Element update in October 2020, totaling $505,355, for which $500,000 is funded through a grant from the state and the remainder comes from the Community Development Department professional services budget. The public outreach budget of the approved contract includes two community workshops, three Planning Commission Study Session meetings, one City Council Study Session meeting and all associated materials for a total of$45,390. City of Huntington Beach Page 1 of 2 Primed on 3/10/2021 File #: 21-228 MEETING DATE: 3/15/2021 At the March 1 , 2021 Joint Study Session of the Planning Commission and City Council, Mayor Carr and Councilmember Moser expressed interest in expanding the outreach plan. As such, staff asked Kimley-Horn to prepare a scope with expanded public engagement opportunities. The consultant created a menu of various outreach options including the potential for 11 additional focused and target group meetings, preparation of project fact sheets in English and Spanish, an online survey, and production of information video segments (Attachment No. 1) totaling 552,900. The public engagement opportunities were developed by Kimley-Horn based on what has worked well in their 6 th Cycle Housing Element outreach experience in other Orange County cities. The expanded outreach scope representing a menu of options would provide the most flexibility for the City to tailor the outreach process as we progress through the project. Staff believes that this approach enables the City to adapt the plan as we receive public input and be the most responsive to new issues that arise throughout the project as well as the changing COVID-19 situation. In addition, given the increased level of interest by the public and other interested parties in the 61h cycle update (largely due to the substantial increase in the City's RHNA allocation and all of the new housing element laws enacted in recent years), staff believes an expanded outreach approach will be beneficial to the ultimate project outcome. It should be noted that the original contract was approved without contingency. Generally, for a major project of this scope, staff recommends a 20% contingency in the budget, which usually ends up used on additional public engagement or environmental analysis. The additional requested budget amount of $52,900 is less than the typical 20% contingency. Environmental Status: The request is exempt pursuant to Section 15061(b) (3) of the California Environmental Quality Act. Strategic Plan Goal: Community Engagement Attachment(s): 1 . Expanded Public Outreach Options Scope of Work 2. Amendment No. 1 to Agreement between City of Huntington Beach and Kimley-Horn, Inc. for the 61h Cycle Housing Element Update 3. Original Professional Services Contract between the City of Huntington Beach and Kimley- Horn, Inc. for the 61h Cycle Housing Element Update 4. Insurance Certificate City of Huntington Beach Page 2 of 2 Printed on 3/10/2021 oo'berec by Leoistar-v Kimley>>> Horn March 8, 2021 Nicolle Aube, AICP Department of Community Development 2000 Main St Huntington Beach, CA 92648 RE: Housing Element Update Community Engagement Scope and Fee Amendment The Huntington Beach City Council has expressed its interest in expanding community engagement for the Housing Element Update project. The intent of the expanded community engagement is to provide additional opportunities for Huntington Beach residents and stakeholders to participate in the development of the Housing Element. The following list of Community Outreach Services may be added to the existing community outreach scope for the 2021-2029 Housing Element Update. Task Number/Nome I Anticipated Cost k ofMeetings/Notes Task 1. Online Community Survey(MetroQuest) $12,000 Task 2. Geographic Area Specific Meetings $11,500 2 Meetings with 8 total breakout groups Task 3. Subject Group Meetings $9,400 3 meetings Task 4. Targeted Focus Group Meetings $8,4DO 6 meetings Task S. Informational Fact Sheets $3,200 2 fact sheets assumed Task 6. Informational Videos Segments $8,400 4 videos assumed Task 1. ONLINE COMMUNITY OUTREACH SURVEY TOOL (METROQUEST) Kimley-Horn will develop a web-based outreach survey tool utilizing MetroQuest.The survey tool includes analytics that evaluate community input related to locations for potential housing, housing goals, constraints, policies, and programs. The outreach survey tool will allow residents and stakeholders the flexibility of participating online and at their convenience. The survey tool will enhance participation in consideration of social distancing protocols due to COVID-19. The survey tool will provide useable data that will be incorporated into the Housing Element Update. The outreach survey is anticipated to be released with the first community workshop and remain available for a month. Deliverables: • Set up, launch and running of one (1) MetroQuest online surveys in English and Spanish versions • Review/Summary of survey results and incorporation into the Housing Element 00 W Town and Country Road Suite 700,Orange, CA 92868 Kimley>>) Horn Task 2. GEOGRAPHIC AREA SPECIFIC WORKSHOPS Kimley-Horn will attend and assist the City in the facilitation of two (2) sets of geographic area specific workshops in English to allow for more in-depth discussion relating to the issues and opportunities within specific areas in Huntington Beach. Each geographic area specific workshop will have up to four (4) total breakout rooms (including a Spanish breakout discussion room if requested) It is assumed that these meetings will take place over two consecutive nights and will be facilitated by a combination of Kimley- Horn and City Staff. This scope assumes attendance by up to four (4) Kimley-Horn staff members per meeting to facilitate discussion in the breakout rooms and record meeting notes. Kimley-Horn has staff that are experienced in providing Spanish facilitation services related to Housing Element updates. Deliverables: • Two (2) Workshop Flyers (one in English and one in Spanish) (PDF Versions) • Attendance at up to two (2) sets of geographic area Specific workshops with four total breakout rooms for each meeting. This scope anticipates that each breakout room will be facilitated by one member of the consultant team and one member of City staff. • Preparation of PowerPoint Materials • One (1) Meeting Summary Memorandum for each workshop Task 3. SUBJECT GROUP MEETINGS Kimley-Horn will attend and assist the City in facilitating of up to three (3) Subject Group meetings. The Subject Group meetings will be organized by City Staff in collaboration with Kimley-Horn to collect information and feedback from professionals in fields relating to affordable and market-rate housing, low- income services, and other relevant backgrounds. Participants may consist of members of community organizations, major landowners, home builders, affordable housing developers and advocates, local business owners, or others that add a unique perspective and expertise to the Housing Element Update process. Subject Matter Expert meetings may occur at any point throughout the planning process as deemed necessary by City Staff. It is assumed that the participants will provide feedback on a volunteer basis. Kimley-Horn is not responsible for compensation of the participants during the Subject Matter Expert meetings. Deliverables: • Prepare meeting materials, including a PowerPoint presentation and handouts for each meeting • Attendance at up to three (3) Subject Matter Expert meetings by two (2) Kimley-Horn team members • Prepare up to one (1) summary memorandum for each Subject Matter Expert meeting Task 4. TARGETED FOCUS GROUP MEETINGS Kimley-Horn will attend and assist the City in facilitating targeted focus group meetings. Organization of these meetings, including outreach to specific groups and meeting coordination/logistics is anticipated to be handled by the City. This scope assumes that these are up to one and a half hour virtual conversations with only a basic introductory presentation. Kimley-Horn will assist the City in identifying community organizations to maintain contact with throughout the Housing Element update outreach process. 1100 W Town and Country Road Suite 700,Orange, Kimley>>> Horn Kimley Horn will focus on the identification of groups or organizations that may not typically participate in City processes. These targeted meetings will consider specific underrepresented geographic areas, consider people who are uncomfortable using technology, speak English as a second language or not at all, or have timing constraints and commitments that prevent them from attending meetings at the proposed times. These meetings are intended to be an hour and a half in length and may be far one target focus group or multiple in a break-out room type format. Targeted Focus Group meetings may occur at any point throughout the planning process as deemed necessary by City Staff. Deliverables: • Prepare meeting materials, including a PowerPoint presentation and handouts for each meeting • Attendance at up to six (6) targeted focus group meetings by two (2) Kimley-Horn team members • Prepare up to one (1) summary memorandum for each targeted focus group meeting TASK 5. INFORMATIONAL FACT SHEETS Kimley-Horn will prepare two (2) informational Fact Sheets prior to Townhall events. The Fact Sheets will be one-page, double sided, and designed to convey relevant project information in a quick, easy, and effective manner. The Fact Sheets will be posted on the City's website and distributed by City Staff. The first informational Fact Sheet will provide community members with background information on state housing law, the process for getting a compliant housing element, Huntington Beach-specific housing information, and the overall project timeline. The second Fact Sheet will be created to accompany the release of the Public Review Draft Housing Element document. This Fact Sheet will contain information on the project schedule and a "how-to"guide for reviewing the Housing Element sections. Deliverables: • Two (2) Informational Fact Sheets with translation into Spanish (PDF Version) TASK 6. INFORMATIONAL VIDEO SEGMENTS Kimley-Horn will prepare up to four (4) short informational video segments (up to 2 minutes in length) which can help to explain specific housing-related topics. These materials will be distributed to the community by City Staff through the appropriate outreach channels, including posting on the City's website, social media, local tv and radio stations, and direct distribution to stakeholders. This scope assumes that Kimley-Horn will prepare materials for and produce each video. Deliverables • Four (4) short informational video segments 1100 W Town and Country Road Suite 700, Orange,CA 92868 Kimley») Horn For the services set forth above, Client shall pay Consultant the following compensation: $52,900 Your signature below, indicates your acceptance to modify the existing Agreement to incorporate the additional Tasks described in this Amendment. Please contact Nick Chen, AICP at nick.chen()kimley- horn.com or 714.786.6111 should you have any questions. Sincerely, David Barquist, AICP Nick Chen, AICP CLIENT: CONSULTANT: KIMLEY-HORN AND ASSOCIATES, INC. By: By: Title: Title: Date: Date: 1100 W Town and Country Road Suite 700,Orange, Attachment #2 Amendment No. 1 to Agreement between City of Huntington Beach and Kimley- Horn, Inc. for the 6th Cycle Housing Element Update to follow as a Supplemental Communication by March 15, 2021. AMENDMENT NO. I TO PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH .AND KIMLEY-HORN AND ASSOCIATES, INC. FOR PREPARATION OF THE 2021-2029 GENERAL RAL PLAN HOUSING ELEMENT UPDATE THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "CITY." and KIMLEY-HORN AND ASSOCIATES. INC. a North Carolina Corporation. hereinafter referred to as "CONSULTANT." WHEREAS, CITY and CONSULTANT are parties to that certain agreement, dated October 19. 2020 entitled "Professional Services Contract Between the City of Fluntington Beach and Kimlev-l-lorn and Associates. Inc., for Preparation of the 2021- 2029 General Plan Housing Element Update" which agreement shall hereinafter be referred to as the"Original Agreement," and CITY and CONSULTANT wish to amend the Original Agreement to increase the amount of compensation to be paid to CONSULTANT: NOW, THEREFORE. it is agreed by CITY and CONSULTANT as follows: 1. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement, City agrees to pay Consultant tut additional sum not to exceed Fifty-fwo Thousand Nine Hundred Dollars ($52,900). The additional sum shall be added to the original sum 01' Five Hundred Five Thousand Three Hundred Fifty Five Dollars ($505,355), for a new contract amount not to exceed Five E-lundred Fifty Eight Thousand T wo Hundred Fifty Five Dollars (5558.255). 21-9440/247163 I 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers on March 15th 2021. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of KIMLEY-HORN AND ASSOCIATES, INC. California By: Mayor print name ITS: (circle one) Chairman/president/Vice president City Clerk AND INITIATED AND APPROVED B [� Y �. , /,� R✓ n4ecor of Community Development print name ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary—Treasurer REVIEWED AND APPROVED: ity Manager APPROVED AS TO FORM: 1 .:. ( ) 1.City Attorney COUNTERPART 2I-9441V247163 2 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers on March 15 t 2021 CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of KIMLEY-HORN AND ASSOCIATES, INC. California By: 11LAX +(OI,St Mayor print name ITS: (circle one)ehainmo/Pretideattvice Pmwdant City Clerk A 1 INITIATED AND APPROVED By:- i 1.� `w U✓ �� 1 � ULIZ Di or of Community Development print name 9- Gba(e sv one)Secretary/Chief Financial Officer �fC°5°ref REVIEWED AND APPROVED: City Manager APPROVED AS TO FORM: City Attorney COUNTERPART 21-9440247163 2 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ Nv,,vw.huntingtonbeachca.gov Fd.N,OOL Office of the City Clerk Robin Estanislau, City Clerk April 6, 2021 David Barquist 765 The City Drive, Suite 200 Orange, California 92868 Dear Mr Barquist: Enclosed is a copy of the "Amendment No. 1 to Professional Services Contract between the City of Huntington Beach and Kimley-Horn and Associates. Inc. for Preparation of the 2021-2029 General Plan Housing Element Update" approved by the Huntington Beach City Council on March 15, 2021. Sincerely, �& a44gj� Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ wAiv.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk April 27, 2021 Kimley-Horn and Associates, Inc. Attn: Nicholas Chen 1100 W Town and Country, Suite 700 Orange, CA 92868 Dear Mr. Chen: Enclosed is a copy of the "Professional Services Contract between the City of Huntington Beach and Kimley-Horn and Associates, Inc. for Preparation of the 2021- 2029 General Plan Housing Element Update" approved by the Huntington Beach City Council on March 15, 2021. Sincerely, �� 9,4fQa4j4u) Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan • Waitakere, New Zealand cr _ - o _ O = Z -4q — GI _ N CO w n o c = ra Ln fl F m in in _ , C. j m rnyz: -lr-I m O T.11 1- O'MIJ J p�nl ..1 = rJ £> ✓Cm aps m ci ✓, n to O n Y N AMENDMENT NO. I TO PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACI I AND KIMLEY-HORN AND ASSOCIATES, INC. FOR PREPARATION OF THE 2021-2029 GENERAL PLAN HOUSING ELEMENT UPDATE THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "CITY,"and KIMLEY-HORN AND ASSOCIATES, INC. a North Carolina Corporation, hereinafter referred to as"CONSULTANT." WHEREAS, CITY and CONSULTANT are parties to that certain agreement, dated October 19, 2020 entitled "Professional Services Contract Between the City of Huntington Beach and Kimley-Horn and Associates. Inc., for Preparation of the 2021- 2029 General Plan Housing Element Update" which agreement shall hereinafter be referred to as the"Original Agreement,"and CITY and CONSULTANT wish to amend the Original Agreement to increase the amount of compensation to be paid to CONSULTANT; NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement, City agrees to pay Consultant an additional sum not to exceed Fifty-Two Thousand Nine Hundred Dollars ($52,900). The additional sum shall be added to the original sum of Five Hundred Five Thousand Three Hundred Fifty Five Dollars ($505,355), for a new contract amount not to exceed Five Hundred Fifty Eight Thousand Two Hundred Fifty Five Dollars ($558,255). SUPPLEMENTAL 21-94401247163 1 COMMUNICATION v.w*q Date: Agenda Urn No. 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers on 2021. CONSUIJANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of KIMLEY-HORN AND ASSOCIATES, INC. California By: Mayor print narne ITS: (circle one)Chairman/PrmidentNice President City Clerk AND INITIATED AND APPROVED By. � " 4 . 9 (✓ L Di eceor of Community Development print name ITS: (circle one)Sceretary/Chief Financial Officer/Asst. Secretary—Treasurer REVIEWED AND APPROVED: City Manager APPROVED AS TO FORM: ,I ( )� 7r4 City Attorney 21-9440/247163 2 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND KIMLEY-HORN AND ASSOCIATES, INC. FOR PREPARATION OF THE 2021-2029 GENERAL PLAN HOUSING ELEMENT UPDATE THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and KIMLEY-HORN AND ASSOCIATES, INC., a North Carolina Corporation i hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to prepare the 2021-2029 General Plan Housing Element Update; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the i Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the 'PROJECT." CONSULTANT hereby designates David Baryuist who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 20.8942M4914agred surfnet/pmfmimal sva mayor I of 11 5/19-204082 3. TERM; -TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on October 19, 2020 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than October 15, 2021. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. This Agreement is made in anticipation of conditions permitting continuous and orderly progress through completion of services. Times for performance shall be extended as necessary for delays or suspensions due to circumstances that the CONSULTANT does not control. CONSULTANT shall not have liability for any delays, expenses, losses, damages, or are deemed in breach which are caused by any factor outside of its reasonable control, including but not limited to natural disasters, epidemics (including COVID 19), adverse weather, or acts of the CITY, third parties, or governmental agencies. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Five Hundred and Five Thousand Three Hundred Fifty Five Dollars ($505,355). 20-8942234914agred surfneUprofasional sves mayor 2 of 11 5/19-204082 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. I 8. HOLD HARMLESS A. CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including costs and fees of litigation of every nature or liability of any kind or nature) to the extent arising out of or in connection with CONSUL TANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole or active negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall 20-8942/234914aged surfncNprofeasional sva mayor 3 of I 5/19-204092 approve selection of CONSULTANT's counsel for claims for which Consultant is required to indemnify hereunder. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. B. To the extent that CONSULTANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above: "CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULTANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8, C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 20-8942/234914egred wrfneVpmfasirnal vm mayor 4 of 11 5/19-204082 9. PROFESSIONAL, LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder, This policy shall provide coverage for CONSUL'I'ANI"s professional liability in an amount not less than One Million Dollars ($1,000,000,00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might i give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 20-8942/214914agrcd surtncVpmfmional sm mayor 5 of 11 5/19-204082 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANf's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR i CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 20-8942/234914a&r J surrneVprofmional sues mayor 6 of I I . 5119-204092 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all i; approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as 20-8942234914ngrtd swrncVpm[:ssional svt mayor 7 of I I $119-204082 the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONSULTANT: City of Huntington Beach David Barquist AT TN:N: Nicolle Aube 765 The City Drive, Suite 200 2000 Main Street Orange, CA 92868 Huntington Beach, CA 92648 Dave.Barg uistQKimley-Hom.com 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION i No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20-8942214914agrmt a 11nel/pmrwional sues mWr 8 of 11 919-204082 20. INTERPRETATION OF THIS AGREEMENT i The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22, IMMIGRATION CONSULTANT shall be responsible for full compliance with the irrmmigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 20-8942M4914agrcdsurfncttpmfmimal sues mayor Hof 11 5/19.204082 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S PEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's i fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 20-89421204914agrcd surfncUprofnsional svm mayor 10 of I I 5/19-204082 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE "this Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. 20-8942274914agnx/surfnalprofusional svm mayor I I of I I 5/19-204082 CONSULTANT, CITY OF HUNTTNGTON BEACH, a KIMLEY-HORN AND ASSOCIATES, INC. municipal corporation of the State of COMPANY NAME California By. �6- print name City Clerk ITS: (circle one)Chairman/PresidenW ice President AND INITIATED ANP APPROVED: Iq J Nj=�� By. Dir r If Community) Development 4V jy ULK print name ITS: (circle one)Secretary/Chief Financial Officcr/Assi. WED AN PPROVED: Secretary-Treasurer City M COUNTERPART APPROV D AS TO FORM: � y Attorney / 20-8942234914agrcd surfnct/professionnl secs mayor 12 of 11 5/19-204082 CONSULTANT, CITY OF HUNTINGTON BEACH, a KIMLEY-HORN AND ASSOCIATES, INC. municipal corporation of the State of COMPANYNAMP California Mayor By Fnr,o,v G/tzi$ print name City Clerk ITS: (circle one)Chnirman/President ice President INITIATED AND APPROVED: i B : — Director of Community Development print ITS: (circ(e one) re a ief Financial Officer/Asst. Secretary-Treasm•er REVIEWED AND APPROVED: City Manager APPROVED AS TO FORM: r City Attorney COUNTERPART 20-9942/234914agrec/surfnet/profimional sm mayor 12 of I 1 5/19-20405). EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Kimley-Horn and Associates, Inc, will prepare the 2021-2029 General Plan Housing Element Update. See attached scope of work. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: The consultant will be responsible for preparation of the 2021-2029 General Plan Housing Element. This includes several tasks such as document analysis,preparing a housing plan, community engagement, CEQA compliance, attending public hearings, and final Housing Element certification with HCD. See attached scope of work for detailed description of duties and responsibilities. C. CITY'S DUTIES AND RESPONSIBILITIES: See attached scope of work. D. WORK PROGRAM/PROJECT SCHEDULE: See attached scope of work. i EXHIBIT A EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: Kimlev-Horn Principal $275/hour Senior Planner $168/hour Associate Planner $130/hour Assistant Planner/ $110/hour Graphics Admin Suppoit $110/hour B. Travel Charges for time during travel are not reimbursable. i C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who i performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. if CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of 1 Exhibit B performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. i 2 Exhibit B EXHIBIT "B" Payment Schedule (Fixed Fee Payment) I. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 1 CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Keference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANTS firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Exhibit B PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND KIMLEY-HORN AND ASSOCIATES, INC. FOR PREPARATION OF THE 2021-2029 GENERAL PLAN HOUSING ELEMENT UPDATE Table of Contents IScope of Services.....................................................................................................I 2 City Staff Assistance................................................................................................2 3 Term; Time of Performance.....................................................................................2 ; 4 Compensation ..........................................................................................................2 5 Extra Work...............................................................................................................2 6 Method of Payment..................................................................................................3 7 Disposition of Plans, Estimates and Other Documents ...........................................3 8 Hold Harmless .........................................................................................................3 j 9 Professional Liability Insurance.............................................................................4 10 Certificate of Insurance............................................................................................5 11 Independent Contractor............................................................................................6 12 Termination of Agreement.......................................................................................6 13 Assignment and Delegation......................................................................................6 14 Copyrights/Patents...................................................................................................7 15 City Employees and Officials..................................................................................7 16 Notices.........................................................................................7 17 Consent ....................................................................................................................8 18 Modification.............................................................................................................8 j 19 Section Headings .....................................................................................................8 20 Interpretation of this Agreement..............................................................................8 21 Duplicate Original....................................................................................................9 22 Immigration...................................................................... 23 Legal Services Subcontracting Prohibited................................................................9 24 Attorney's Fees............................................................................................I.............10 25 Survival.....................................................................................................................10 26 Governing Law.........................................................................................................10 27 Signatories.................................................................................................................10 ' 28 Entirety......................................................................................................................10 29 Effective Date.................................................................................I 1 Prepared for. c:,r •,df, Abk PR t, ., .s • • . • i HQ" PDATE PEI Prepared W.. �> ;w} Kimley»)Horn oM amw , TABLE OF CONTENTS A. Vendor Application Form and Cover Letter.....................................................................................2 B. Background and Project Summary Section.....................................................................................5 C. Methodology Section ......................................................................................................................8 D. Staffing..........................................................................................................................................15 E. Qualifications ................................................................................................................................18 F. Fee Proposal.................................................................................................................................20 Appendix: Forms and Required Information...................................................................................... A-1 City of Huntington Beach I Kim1ey0Horn A. VENDOR APPLICATION FORM AND COVER LETTER 765 The City June 12, 2020 Drive Ms. Jennifer Andersen Suite 200 City Buyer Orange, CA 92868 City of Huntington Beach TEL 714 939 2000 Main Street ---- Huntington Beach, CA 92648 RE: 2021-2019 Housing Element Update Dear Ms. Andersen and Members of the Selection Committee: Kimley-Horn provides the City of Huntington Beach with a team of Housing Element specialists that not only have a proven record of preparing successful Housing Element Updates but work with local communities as trusted advisors in all aspects of Housing Element statutory requirements and policy development. We understand how to effectively tailor and implement State Housing Element Laws to meet local community needs and use our familiarity with California State Department of Housing and Community Development (HCD) procedures to assist the City in achieving a certified Housing Element. Kimley-Horn has worked with cities and counties throughout California and our team has collaborated extensively with HCD staff since the early 1990s. Housing Element compliance has become an increasingly daunting task, and the upcoming 6th Cycle will be no exception. Therefore, the City will need a team that has recent, practical experience in Housing Element Updates and understands how to work with HCD, stakeholders, and decision-makers. The Kimley-Horn team offers the following strengths for your consideration: Specialists in the Housing Element Certification Process —The Kimley-Horn team has significant staff expertise and knowledge of the requirements for achieving certification by HCD. Our team has years of experience in multiple Housing Element Update cycles and can translate our recent 6'" Cycle experience working with HCD in several Southern California jurisdictions to the benefit of the City. Kimley-Horn has had tremendous success when collaborating proactively with HCD to achieve statutory compliance. Understand and have Practical Experience with New Housing Laws — The California legislature has enacted numerous new housing laws in just the past few years. Many of these laws directly affect the analysis and content of the Housing Element. Kimley-Horn is one of the first consulting firms to work under the requirements of these new statutes, even before HCD has provided local guidance for interpreting these new laws. This means that the City will have a team that possesses an "insider knowledge" of new statutory requirements, and how HCD interprets them during Housing Element compliance review. Based on this experience, Kimley-Horn can inform Huntington Beach of HCD's interpretation of these laws and the acceptable methods/analysis/actions the City must employ. Approach Tailored to Your Success — Kimley-Horn will work closely with Huntington Beach to provide a scope of services required to support policies and programs that are consistent with the City of Huntington Beach 1 2 Kimleyo Horn community's vision. We have committed a team of qualified and experienced specialists who are identified in this proposal and will help the City develop its housing policy goals. Kimley-Horn's greatest strength is in our desire to create strong interpersonal relationships with our clients and the stakeholders they serve, resulting in a mutually enjoyable and rewarding work effort. Kimley-Horn will provide local coordination from our Orange office where our planning staff is supported by in-house technical resources. Comprehensive and Experienced Team — Our project manager, Dave Barquist, AICP, has a strong record of successful housing program management and State certification of Housing Elements. Our team will work directly with the City to guide the day-to-day tasks of all projects towards successful completion. Our team is supported by a core group of experienced professionals to work with the City. Rita Garcia will serve as project manager for the Environmental Documents. Rita has 30 years of CEQA and planning experience, including recent evaluations of Housing Element Updates. Quality Documents — Kimley-Horn's commitment to quality can be attested through the many professional awards received for our projects, and the satisfaction of our clients and the communities they serve. Our documentation is thorough, and the presentation of information is clear, concise, understandable, and defensible. We understand the nuances of creating policy documents that meet State-mandated requirements, while supporting and advancing the local goals and policies of the community. Commitment to the City of Huntington Beach —We know that a strong commitment to client satisfaction and a quality product must be the foundation of our service to you. Our local Orange office is a short drive from the City's offices and our nearest office to you, thereby allowing Huntington Beach to enjoy greater access to our team. Kimley-Horn commits to be responsive and available to you when you need us. Our team will provide proactive communication and function as an extension of your staff to the City, so together we can complete this project successfully. We have reviewed and understand all elements of the City's Request for Proposals (RFP) and are committed to performing the services as outlined in the scope of work provided. Our scope of services assumes completion of this work effort by the October 15, 2021 deadline. Kimley-Horn appreciates the opportunity to submit this proposal to the City and welcomes the opportunity to work as your trusted advisor and Housing Element team. Please do not hesitate to contact Dave at 714.705.1317, dave.barquist@kimley-horn.com, or the address on the previous page (our nearest local office to the City) if you have any questions or require additional information. Our proposal price will be valid for a period of at least 180 days. Sincerely, KIMLEY-hHORN AND ASSOCIATES, INC. aLT via argwst, A I C P ";: oonnM'Melchor, P.E. Project Manager Associate/Authorized Signer City of Huntington Beach I 3 Kimley)))Horn 11, 1�„ REQUEST FOR PROPOSAL VENDOR APPLICATION FORM TYPE OF APPLICANT: ❑ NEW ® CURRENT VENDOR Legal Contractual Nano of Corporation: Kimlev-Hom and Associates,Inc. Contact Person for Agreement: Jason Melchor Corpornte Mailing Address: 765 The City Drive,Suite 200 City,State and Zip Code: Orange,CA 92868 E-Mail Address: jason.mcichorokimtey-hom.com Phone: 714.939-1030 Fax: 714-621-0368 Contact Person for Proposals: Dave Barquist Tille: Associate E-Mail Address:daw.harquiest@kinfley-hom.com Business Telephone: 14- j9-1030 Business Fax: 714-621-0368 Is your business:(check one) ❑ NON PROFIT CORPORATION ® FOR PROFIT CORPORATION Is your business:(check one) ® CORPORATION ❑ LIMITED LIABILITY PARTNERSHIP ❑ INDIVIDUAL ❑ SOLE PROPRIETORSHIP ❑ PARTNERSHIP ❑ UNINCORPORATED ASSOCIATION I oft City of Huntington Beach 4 Kimleyo Horn , 11 Names&Titles of Corporate Board Members (Also list Names&Titles of persons with written authorization/resolution to sign contracts) Names Tide Phone Steven E. Lefton Ceo, President,Director 703-674-1300 John C.Atz Chairman,Sr.Vice President 561-845-0665 David L.McEntee Vice President,Treasurer,Assistant Secretary 919-677-2000 Tammy L.Flanagan CFO,Sr. Vice President,Secretary 919-677-2000 Richard N.Cook Sr.Vice President,Secretary 919-677-2000 Fedeml Tae Identification Number: 56-0885615 City of Iluntington Beach Business License Number- A274292 (If none,you must obtain a Huntington Beach Business License upon award of contract.) City of Huntington Beach Business License Espimlion Date: 12/312020 2 or2 City of Huntington Beach 5 Kimley>»Horn B. BACKGROUND AND PROJECT SUMMARY SECTION The City of Huntington Beach is requesting the services of a highly experienced Housing Element consultant to assist the City in completing the State-Mandated Housing Element Update. The 6th Cycle Housing Element must be updated to comply with the current RHNA process and new statutory requirements. Kimley-Horn will provide Huntington Beach with seasoned technical specialists to achieve certification by HCD and approval by the City Council within the timeframe established by state law. Our scope of services provides the necessary tasks to achieve statutory compliance, while providing the City with a locally based policy document that reflects the visions and values of Orange County. Unique from prior Housing Element planning cycles, new state legislation has significantly heightened the consequences of not having a certified Housing Element and empowers the state to implement a variety of remedies, such as the provisions of AB 72, to monitor progress and potentially de-certify Housing Elements if they fail to comply with adopted policies/programs in a timely manner. Our scope of services and project schedule reflects adherence with state mandated deadlines and provides an adequate level of schedule buffer to proactively address potential issues with HCD. Additionally, due to the limited funding and financing resources currently available to the City for housing-related activities, a certified Housing Element may help to meet eligibility requirements for future state housing funds, grants and other financial assistance. Our strategic approach considers policies and programs that can maximize Hunting Beach's potential for acquiring grants and other alternative for funding and financing sources. To develop effective planning policy in the City of Huntington Beach, it is important to fully understand the key planning issues in the community. While the Housing Element is a state-mandated policy document, the Housing Element's policy program is a statement of the City's vision and community values. During the community engagement process, many of the City's planning issues will be identified and policy solutions explored. Understanding of Local Context Kimley-Horn understands that the City's 61h Cycle Housing Element Update will substantially differ from the 51h Cycle Update due to new statutory requirements and a significantly increased RHNA allocation of 13,337 units compared to the 51h Cycle allocation of 1,353 units. The City of Huntington Beach is generally considered a "built-out" community, with limited vacant land available to accommodate future growth need. This will require the identification of infill opportunities in residential and non-residential areas. Existing land use policy, including Specific Plan areas may facilitate infill and mixed-use development in targeted areas. However, many of these sites may no longer meet the statutory requirements to identify them as appropriate for lower income households. As a result, the City may be required to employ creative solutions to facilitate the development of lower income housing to demonstrate the ability to accommodate their State-allocated RHNA need by income category. As part of the 61h Cycle update, the City will be required to comply with new State law to Affirmatively Further Fair Housing (AFFH), which addresses the equitable dispersion of affordable units throughout the City and the preservation of existing "at-risk" affordable housing stock. Kimley-Horn has recent experience working with HCD, local jurisdictions, and communities to interpret and fairly apply recent AFFH guidance during the 61h Cycle planning period. Our recent experience working on Housing Elements for SANDAG and SCAG jurisdictions will benefit Huntington Beach as we understand how to address and analyze these new requirements. City of Huntington Beach 1 6 KimleyoHorn "I 11q.1111/ Approach to Successful Completion and Certification Kimley-Horn will effectively manage the update process as an extension of staff in all aspects of the Housing Element outlined in the following scope of services including: • Preparing a Housing Element Needs Assessment • Facilitating community outreach and collaborating with City staff to identify key stakeholders • Preparing all Housing Element components required by state law • Serve as the City's representative and liaison with HCD • Prepare a Public Review Draft Housing Element • Prepare a Final Draft Housing Element based on public and agency comments • Presenting the Final Draft Housing Element at two public hearings before the Planning Commission and City Council • Facilitating HCD collaboration throughout the certification process • Final Adoption by the Huntington Beach City Council Compliance with State Housing Law The City's Housing Element must comply with State Housing Element Law to achieve certification by HCD. Kimley-Horn provides Huntington Beach with a unique understanding of Housing Element Law, and most importantly, how HCD interprets the law. This will assist City Staff and elected officials in understanding the implications of non-certification. Kimley-Horn will evaluate existing available land resources to accommodate this projected need in compliance with the statutory requirements of AB 2348 and AB 1397. The new requirements applicable to sites analysis is a significant issue that should not be understated. Kimley-Horn's recent application of these statutory requirements has facilitated the development of an effective approach to identifying, evaluating and selecting appropriate sites. We utilize unique tools and software, such as UrbanFootprint to identify and evaluate candidate sites to accommodate the City's future RHNA growth need. Community Engagement Kimley-Horn recommends a targeted outreach effort to assist the public, stakeholders, and elected/appointed officials in understanding the update process, its implications, and the various methods of achieving compliance with State Law. Community engagement in the Housing Element planning process is an important component to an effective and easily implemented policy program. Kimley-Horn's extensive community outreach experience enables our team to develop effective outreach strategies that achieve community-based support to accurately identify current issues, and craft policy that is responsive to The City's housing needs. Our team is well-versed in conducting outreach in the current COVID-19 environment. We understand the limitations on social gathering and how that can have a demonstrated effect on the level of participation in the planning process. Kimley-Horn has employed several strategies to enhance community engagement, including use of surveys, online meetings, webinars, and live event feeds to encourage participation. Because these restrictions are based on the community and County guidance, we will work with the City of Huntington Beach to find local solutions to outreach to benefit the overall process. City of Huntington Beach 1 7 KimleyoHorn "I Proactive Engagement with HCD Kimley-Horn believes it is prudent and sound professional practice to involve HCD staff from the initial stages of the update process. Kimley-Horn has enjoyed a long-term and positive professional relationship with HCD staff. It is intended that HCD will be consulted from the very beginning of the Housing Element Update process. This may involve possible visits with HCD staff, informal discussion on policy and programs, and identification of potential issues within the existing Housing Element. Kimley-Horn will continue interaction with HCD throughout the Housing Element Update process in order to resolve any issues and make certification a seamless process. Based on the City's recent experience in the decertification process and the political sensitivities of this process, it is advisable the City take a proactive posture with HCD to ensure communication is open and effective to assist the City in achieving local goals and complying with statutory requirements. New Legislative Considerations The State of California's recent passing of numerous Housing Bills is indicative of a significant trend towards increasing the expectations on local governments to make their contributions to meeting state housing needs. In our recent experience, Kimley-Horn can testify to the validity of the State's newer, more aggressive approach to Housing Element compliance. A variety of new laws have been adopted that will influence the City's policy and program considerations. The charts included in the Appendix (2018 and 2019 Legislation and City Considerations) provide a summary of recently enacted laws and the methods/strategies and responses the City can take to address them. We have directly applied these recently enacted laws, negotiated with HCD, and developed workable policy and program solutions for our local government clients. The City of Huntington Beach will greatly benefit from our recent work as it will enable more efficient review and negotiation with HCD during the certification process. APPROACH AND METHODOLOGY Kimley-Horn has reviewed the City's RFP and understands the statutory deadline for certification of Housing Elements in the SCAG region is October 15, 2021. Kimley-Horn understands that the City would like to achieve HCD certification prior to the statutory deadline. Kimley-Horn understands that much of the analysis for the Housing Element will rely on data from a variety of sources including American Community Survey, DOF, HUD, SCAG and other federal state and local sources. Getting the most accurate picture of existing and future needs will require the utilization of the most currently available data. We further understand that SCAG has not made a final determination of the City's RHNA obligation. We will work closely with the City to monitor the release of these RHNA growth need allocations expected in early Fall of 2020. Approach to Successful Update Process Kimley-Horn will function as an extension of Huntington Beach staff throughout the planning process to reduce the need for unnecessary staff time and commitments to complete the Housing Element update. The Kimley-Horn team will provide the primary leadership for conducting all aspects of the work effort. As the City's Housing Element consultant, we recognize that it is our responsibility to conduct the necessary analysis, assist in educating the community, local stakeholders, and elected officials, and use our expertise and experience to assist the City in a successful update process. City of Huntington Beach I 8 Kimley>>)Horn The following scope of services is consistent with the City's requests for services outlined in the RFP and represents an approach to the 6th Cycle Housing Element Update that our team has found to be effective in achieving certification. The 61h Cycle requires analysis, public review periods, and community outreach efforts above and beyond what has been typically included in previous Housing Element Cycles. This scope of services has been tailored to meet the requirements of the update process as outlined by HCD while promoting collaboration with community members, elected officials, and other local stakeholders. We have also included a Project Schedule at the end of Section C. C. METHODOLOGY SECTION Task 1: Scope of Services and Process Task 1.1: Project Kick-off Kimley-Horn will participate in a Kick-Off Meeting with City staff to discuss the update process, answer questions, provide data, and exchange other important procedural aspects of the Housing Element Update. The meeting will address the following: • Technical Assistance in RHNA process, • Define Outreach Methodologies as applicable • Data Sharing/Exchanging • Review/Modify Scope of Work and • Meetings and Public Engagement Schedule Task 1.1 Deliverables: • Kick-off Meeting Agenda • Kick-off Meeting Minutes Task 1.2: Project Schedule Kimley-Horn will develop and maintain a project deliverables schedule outlining major milestones, meetings, work products, community outreach events, subcommittee meetings, and public hearings. The Project Team will provide regular tracking and updating of the project schedule so that Huntington Beach stays on schedule throughout the Housing Element Update process. The project deliverables schedule will include all tasks within the Scope of Work and accommodate anticipated City and agency review times. Kimley Horn has reviewed the City's draft schedule included in the RFP. We have noted a number timing issue that may come into conflict with statutory requirements. The schedule contained in this proposal addresses the concerns. We further welcome additional discussion during the initial phases of the update process. Task 1.2 Deliverables: • Project Schedule (Updated as needed) City of Huntington Beach 1 9 KimleyoHorn Task 2: Project Team Coordination Task 2.1: Project Management and Coordination Meetings Kimley-Horn will meet regularly with the project team to coordinate project deliverables, data, and public meetings. The scope and fee provided assume monthly phone meetings will occur throughout the duration of the project and face-to-face meetings when circumstances warrant. It is assumed that five meetings with staff will occur during the update process for project management, project updates and strategy planning. Additional phone conferences and coordination is anticipated to occur throughout the process. Task 3: Housing Element Components Task 3.1: Document Review Following the Kick-Off Meeting, Kimley-Horn will provide City of Huntington Beach staff with a listing of pertinent data that is necessary to complete the work program. Kimley-Horn will only request data that is proprietary to the City and not available publicly. Kimley-Horn will review all applicable City, regional, and State documents pertaining to the Housing Element update. This may include various policy and regulatory documents and other assistance programs. Kimley-Horn will be responsible for identifying and resolving any information gaps. Kimley-Horn anticipates a "turnkey approach" for data collection to the greatest extent feasible and will only request information that is proprietary to the City to minimize the work effort by City Staff. Task 3.1 Deliverable Document Library List Task 3.2: Evaluate the Current Housing Element As required by State law, Kimley-Horn will review and evaluate the 5T" Cycle 2014-2021 Housing Element (as recently recertified in 2020) and its programs. In general, the task will include a review of the appropriateness of the housing goals, objectives, and polices in contributing to the attainment of the stated housing goal; the effectiveness of the Housing Element in attaining community housing goals and objectives; and the City's progress in implementing the Housing Element. The report will include the following information: • Evaluate the status, effectiveness, and appropriateness of the current housing policy programs and identify any barriers to implementation • Compare identified goals from the adopted Housing Element to actual accomplishments during the plan period • Evaluate the existing Housing Element in relation to current State housing laws and identify any omissions or deficiencies Task 3.2 Deliverable • Review of Past Performance Matrix Task 3.3: Housing Needs, Constraints, Resources, Population, and Housing Profile As required by State law, Kimley-Horn will assess housing needs, constraints, and resources available. A population and housing profile will be conducted that summarizes, population and household characteristics, analysis of special needs populations, and units at risk of converting to market rate units. Housing constraints will identify non-governmental, governmental, and City of Huntington Beach 1 10 Kimley»Horn environmental constraints that may influence housing. Housing resources such as availability of vacant land, zoning to accommodate RHNA growth needs, and capacities of available sites will be analyzed. Funding and financing resources available to address existing and future housing market conditions and needs will be identified. Opportunities for energy conservation will also be explored. Based on new housing law, the adequate sites analysis will be much more in-depth and detailed compared to prior planning periods. It is Kimley-Horn's experience that the new law will necessitate a more detailed study of adequate sites to satisfy HCD standards. Task 3.3 Deliverables • Housing Profile Report • GIS Based Inventory of Sites • Adequate Sites Analysis • Data Tables, Maps, and Relevant Text Task 3.4: Summary Matrix of Applicable Housing Legislation Kimley-Horn will develop a summary matrix of applicable housing legislation that may affect the City's Housing Element. The matrix will identify the applicable statutory references to the government code, the statutory provisions and the implications it may have for Huntington Beach. A General summary of this type of information is provided in the Appendices to this proposal. The Matrix will be provided in digital format, so that users can download/view the excerpts from state law, HCD guidance memorandums and other applicable provisions. Kimley-Horn believes this will be useful tool in providing a knowledge base for staff, decision-makers and the public to benefit the overall planning process. Task 3.4 Deliverable Housing Legislation Matrix (Digital and Print Formats) Task 3.5 Develop Housing Plan Kimley-Horn will develop a Housing Plan that constitutes the policy component of the Housing Element. The Housing Plan may include prior policies from the 2021-2029 Housing Element that are still appropriate and will be supplemented by new policies and programs that address new statutory requirements. The Housing Plan will identify policies and programs to address Conservation and Improvement, Availability and Production, Affordability, Removal of Constraints, and Equal Housing Opportunity. Policies and programs will be supplemented with Quantified Objectives by income category. Task 3.5 Deliverables • Housing Policy Plan List of Quantified Objectives Task 4: Community Engagement Task 4.1 Community Outreach Plan Kimley-Horn will employ an approach to public participation that provides for meaningful input and involvement. Kimley-Horn will conduct a minimum of two community engagement workshops to solicit public comments on the Housing Element Update prior to initiating work on Housing Element components. Based upon coordination with City Staff, the Kimley-Horn team will formulate a Community Outreach Program that addresses the outreach strategies, dates, locations, participants and other relevant City of Huntington Beach 1 11 KimleyoHorn data. This Outreach Program will guide the outreach process for the Housing Element and will be updated as needed. Utilizing a variety of"tools" such as PowerPoint presentations, informational handouts, visual aids, and Social Media, Kimley-Horn will prepare and deliver materials to help workshop participants understand the update process, issues to resolve (as identified during the current Housing Element Evaluation), and potential solutions. It is assumed that City staff will be responsible for the scheduling of venues, staff coordination, and provide public noticing, facilities, set-up for all community engagement activities. In consideration of the current COVID-19 environment, our team understand the limitations on social gathering and how that can have a demonstrated effect on the level of participation in the planning process. Kimley-Horn can utilize a variety of strategies to enhance community engagement, including use of surveys, online meetings, webinars, and live event feeds to encourage participation. Those options and opportunities can be further explored during the kickoff meeting. Huntington Beach City Staff will be responsible for coordination and participation associated with venue and event scheduling and public dissemination of information via the City's website and other methods in collaboration with the City's public information officer. Task 4.1 Deliverable • Draft Community Outreach Plan in electronic format Task 4.2 Community Workshop #1 - Introduction and Policy Considerations Kimley-Horn will facilitate an initial community workshop with the public and stakeholders to discuss the Housing Element update process. Kimley-Horn will prepare and deliver a PowerPoint presentation, informational handouts, visual aids, and other materials. In collaboration with City staff, Kimley-Horn will identify key stakeholders. The meeting will introduce participants to the RHNA process, Housing Element requirements, legislative requirements and engage in the identification of policy considerations. Participants will identify challenges, issues, and opportunities facing housing in Huntington Beach that will inform policy within the Housing Element. Task 4.2 Deliverables • Electronic copies (in PDF format) of draft presentation, handouts, etc. • Preparation of facilitation of Workshop • Summary Workshop notes Task 4.3 Community Workshop #2 Kimley-Horn will facilitate a second community workshop with the public and stakeholders to discuss the Public Review Draft Housing Element. Workshop #2 will build upon the information learned from Workshop #1 and provide draft analysis, policies, and programs for review and discussion. Kimley-Horn will prepare and deliver a PowerPoint presentation, informational handouts, visual aids, and other materials. In collaboration with City staff, Kimley-Horn will identify key stakeholders. Task 4.3 Deliverables • Electronic copies (in PDF format) of draft presentation, handouts, etc. • Preparation of facilitation of Workshop • Summary Workshop notes City of Huntington Beach 1 12 KimleyoHorn "I 1 Task 4.4 Community Outreach Survey Tool (OPTIONAL) Kimley-Horn understands that a flexible community outreach strategy is critical to gathering diverse and meaningful input form the community. The COVID-19 pandemic is altering the way that cities are approaching community outreach during the 61h Cycle Housing Element Update as participants may be less likely to attend traditional community workshops, even when possible. Provided the City would like to explore alternatives or in addition to "in-person" community outreach workshops, Kimley-Horn will provide a web-based outreach tool utilizing MetroQuest. The web- based survey tool includes analytics to evaluate community input on locations for potential housing, housing goals, policies, and programs. The community survey provides an alternative method for gathering public participation that allows residents and stakeholders the flexibility of participating at a time that works for their schedule. The tool also provides tangible data that can be incorporated into the Housing Element to quantify the City's outreach efforts to HCD. Task 4.4 Deliverables • Set up, launch and running of outreach survey tool in coordination with City Staff • Summary report of survey results • Review of survey data and incorporation into the Housing Element Task 4.5 Study Session with City Council Kimley-Horn will attend and facilitate one (1) study session/meeting with the City Council. Council will not take any formal action at these meetings. These meetings will be used for interim discussion prior to formal Public Hearings later. The Study Session will serve as an educational opportunity to present information on new housing-related state law, elements of the 6th Cycle Housing Element Update process, and other project-related information determined to be important by City Staff. As part of the work plan refinement process, Kimley-Horn can discuss with City staff the most effective approach for these meetings, including opportunities for involvement of key stakeholder groups, non-profits, and other members of the community. Additional Study Sessions may be conducted at the request of City Staff as additional services not assumed in this proposal. Task 4.5 Deliverables • Electronic copies (in PDF format) of draft presentation, handouts, etc. • Preparation of facilitation of Study Session • Summary Study Session notes Task 4.6 Study Session with Planning Commission Kimley-Horn will attend and facilitate three (3) study sessions/meetings with the Planning Commission. Study Session content will be similar to the City Council Study Session described previously. Kimley»)Horn 13 -4q" IP Task 4.6 Deliverables • Electronic copies (in PDF format) of draft presentation, handouts, etc. • Preparation of facilitation of Study Session • Summary Study Session notes Task 5: Draft Housing Element Kimley-Horn will prepare a Screencheck Draft, Public Review Draft, and Final Housing Element. Task 5.1 Screencheck Draft Kimley-Horn will prepare and submit a Screencheck Draft Housing Element to the City for review. The Screencheck Draft will be a complete draft document and include all required statutory content. The draft will provide tables, maps, and graphics. Task 5.1 Deliverables • One electronic copy (in native file format and PDF format) of the Screencheck Draft Housing Element for City review and comment • One reproducible copy of the Screencheck draft Task 5.2 Pre-HCD Submittal Public Review Draft Kimley-Horn will prepare a Pre-HCD Public Review Draft Housing Element based on feedback received during the public review process to be reviewed prior to the formal submittal to HCD for initial review. The public review of the Draft Housing Element prior to review by HCD has been requested for 6t'Cycles to make certain that public comments are reflected in the Draft document. Kimley-Horn will provide appropriate responses to public comments on the draft document. This will be beneficial to the City, as issues can be identified and addressed from third parties prior to HCD's formal review. It is recommended the City permit a 30-day public review period. Task 5.2 Deliverables • One electronic copy (in native file format and PDF format) • One reproducible copy Task 5.3 HCD Submittal Following all initial community outreach workshops and meetings, Kimley-Horn will prepare summary notes or minutes of the community workshop, and a summary of all other comments received during the public review period described in previous tasks. The HCD Submittal draft will incorporate all community and stakeholder feedback as well as staff comments based on community/third-party input. Once the Draft Housing Element is finalized, it will be submitted for an initial 60-day review to the Kimley»)Horn 14 -qqw -U77- A"k 1,P-� --7� Department of Housing and Community Development (HCD) after required meetings and approvals from the Planning Commission and City Council. Kimley-Horn will prepare a transmittal letter to HCD detailing how the Housing Element meets State law requirements. The Draft Housing Element will be accompanied by a completed Completeness Review Checklist. Task 5.3 Deliverables • One electronic copy (in native file format and PDF format) of the HCD Draft Housing Element • electronic copy (in native file format and PDF format) of the transmittal letter and checklist Task 5.4 Response to Comments Kimley-Horn will coordinate the preparation of responses to any comments or requested revisions to the HCD Review Draft Housing Element. Based on our recent experience, the City should be prepared to receive considerably more comments during this Cycle. Task 5.3 Deliverables • Summary Matrix of Response to HCD Comments Task 5.5 Public Review Draft Kimley-Horn will prepare a Public Review Draft Housing Element based on comments from HCD for release to the public for review prior to scheduled adoption hearings. Kimley-Horn will resolve any issues and make requested revisions to the Draft to the satisfaction of the City prior to Public Hearing. Task 5.5 Deliverables • One electronic copy (in native file format and PDF format) • One reproducible copy Task 5.6: Final Draft Housing Element Following review by HCD, Kimley-Horn will revise the appropriate sections and prepare a Final Draft Housing Element to be presented at public hearings before City Council. Task 5.6 Deliverable • One electronic copy (in native file format and PDF format) of the Final Draft Housing Element Task 5.7: Transmittal of Final Adopted Housing Element to HCD Kimley-Horn will transmit the Final Housing Element to HCD for final certification and will maintain ongoing communication with the State until the Housing Element is Kimley>>)Horn 15 4k1P officially deemed certified. As required by state housing element law, the final adopted document must be provided to HCD prior to deeming the Housing Element certified by the State. Task 5.7 Deliverable Ten (10) bound copies of the adopted Housing Element Document for distribution Task 6: Environmental Compliance The City of Huntington Beach General Plan Update Program Environmental Impact Report (PEIR) (Atkins, 2017) assessed the potentially significant environmental effects of the City of Huntington Beach General Plan Update (GPU). The project analyzed in the PEIR consisted of adoption and implementation of the GPU, which established an overall development capacity of 85,403 dwelling units (DU), 50.4 million square feet of non-residential land uses, and a population of 211,051 persons by 2040 (GPEIR Table 3-3). Based on the RHNA allocation and anticipated inventory of candidate housing sites, it is anticipated that General Plan amendments/zone changes (i.e., "the Project") would be required to accommodate RHNA growth needs. Additionally, Infrastructure Element amendments would be required. These changes are anticipated to exceed the forecast development capacity analyzed in the GPEIR, requiring a Supplemental or Subsequent EIR (SEIR). Given the prior PEIR, the SEIR will identify the following: substantial changes (if any), which would require major revisions to the PEIR; substantial changes (if any) concerning the project circumstances, which would require major revisions to the PEIR; and new information, which was not known and could not have been known at the time the PEIR was certified. For each of the environmental issues noted below, the SEIR will evaluate the Project impacts relative to existing conditions and compare those to the PEIR. Issues that are considered adequately addressed in the PEIR will be summarized in the SEIR. One of the key decisions with this Project and SEIR, is how best to address the proposed Project considering the PEIR, to what extent issues are deemed adequately addressed, and how best to document these decisions within the SEIR. As discussed further in our Scope of Work below, Kimley-Horn recommends that the SEIR scope be focused through preparation of an Initial Study. Based on verified baseline conditions and the Draft HEU, our Environmental Team will work closely with the HEU Team and City to develop the "CEQA Project." Our Environmental Team will also work closely with our internal technical/engineering partners and City to refine the environmental technical approach and SEIR scope. Kimley-Horn's proven collaborative approach helps identify environmental issues early in the HEU process to "self-mitigate" the Project to avoid/reduce potential impacts; increase efficiency; improve technical quality/accuracy; and avoid loss of time/data. Kimley>»Horn 16 -W4 Kimley-Horn will provide the Scope of Services specifically set forth below. This Scope of Services has been prepared based upon Kimley-Horn's understanding of the Project issues and experience with similar issues and projects. This Scope assumes the following: • Baseline conditions, Project Description (based on the City-approved Draft HEU), and approach will not change once the City issues Authorization to Proceed. • The SEIR will address the Project's potential environmental impacts at a programmatic level. • For each deliverable, Kimley-Horn will: o Respond to one reconciled set of City comments- additional City review cycles are excluded, o Provide a "redline copy" that reflects the proposed edits and responds to the City's comments, and o Provide a "final screencheck" copy for City approval prior to finalizing/reproduction. • City comments will not raise new substantive issues requiring re-analysis. TASK 6.1: PROJECT SCOPING Task 6.1.1: Project Kick-Off This Task includes a Kick-Off Meeting with the City and Applicant to discuss the HEU, proposed amendments, etc., and the "CEQA Project" in greater detail. The meeting's primary objectives will be to confirm the City's expectations and Project goals and develop/refine the Project Description. The analysis parameters, baseline conditions, construction details, buildout conditions, scheduling, and overall communications protocol will also be established. Prior to the meeting, Kimley-Horn will distribute a Kick-Off Meeting Agenda and Data Needs TM. Task 6.1.2: Research and Survey Readily available reference data, including planning and policy documentation from the City, County, state and federal agencies, and other agencies that may be affected by the Project will be collected and reviewed. Data obtained through this Task will be foundational to the environmental documentation and incorporated into the analysis, as appropriate. Task 6.1 Deliverables:' • Kick-Off Meeting Agenda; Kick-Off Meeting Notes and Action Items; and Data Needs TM 'All deliverables will be submitted to the City in electronic format(MS Word and PDF),in addition to specified copies. Kimley»)Horn 17 4k1P TASK 6.2: PROJECT DESCRIPTION Building on the CEQA Project information obtained at the Project Kick-Off Meeting and the Draft SP, Kimley-Horn will prepare a Draft Project Description for City review and approval. The Project Description will detail the Project's location, environmental setting, background and history, characteristics, discretionary actions, goals/objectives, construction schedule/phasing, agreements, and required permits and approvals. Kimley-Horn will prepare exhibits to depict the regional vicinity, candidate housing sites, and key Project components to support the environmental analyses. Task 6.2 Deliverables: • Draft Project Description; and Final Project Description TASK 6.3: SENATE BILL 18 AND ASSEMBLY BILL 52 NATIVE AMERICAN COMMUNICATIONS AND SACRED LANDS FILE SEARCH Kimley-Horn will provide Senate Bill (SB18) and Assembly Bill (AB52) Native American communications assistance, as directed by the City. Kimley-Horn will contact the Native American Heritage Commission (NAHC) to request a Sacred Lands File (SLF) Search and an SB18 list of Native American tribes and individuals to contact. Using the NAHC's SB18 list, Kimley-Horn will draft SB18 letters for City distribution. The letters' objective will be to contact the identified entities to discern whether a tribe or individual has knowledge of cultural resources within the Project boundaries. Using the City's California Native American tribal contacts list, Kimley- Horn will draft AB52 letters for City distribution. A request for consultation would require the City to enter a consultation process. Noticing results will be incorporated into the SEIR. Task 6.3 Deliverables: • SB18 Letters; and AB52 Letters TASK 6.4: INITIAL STUDY/NOTICE OF PREPARATION (IS/NOP) Task 6.4.1: Screencheck IS/NOP Kimley-Horn will prepare an IS in accordance with Public Resources Code §§21080(c)-(e) and State CEQA Guidelines §§15060-15065. The IS will be patterned after State CEQA Guidelines Appendix G and will describe the Project's location, environmental setting/baseline conditions, and characteristics. The IS' main body will consist of an environmental checklist and the supporting environmental analyses. Kimley-Horn will explain all responses and "No Impact* responses will be supported by cited information sources. The responses will consider the whole action involved with the Project: on- and off-site, Project- and cumulative-level, direct and indirect, and short-term construction and long-term operational. The explanation Kimley»)Horn 18 IP of each issue will also identify the significance criteria or threshold used to evaluate each question. Upon IS completion, a conference call will be scheduled to communicate to the City/Applicant preliminary environmental review findings and critical path itemsfissues. In consultation with and as directed by the City, Kimley- Horn will proceed with finalizing the IS, initiating the CEQA compliance documentation through the NOP, and preparing an SEIR. Task 6.4.2: IS/NOP Completion Kimley-Horn will respond to one reconciled set of City comments on the screencheck IS/NOP. Kimley-Horn will provide the City with a redline copy that reflects the proposed edits and responds to the City's comments, and a final screencheck for approval prior to finalizing/reproduction. Task 6.4 Deliverables: • 5 copies screencheck IS/NOP; • 3 copies final screencheck IS/NOP; • 3 bound public review IS/NOP; • 1 unbound reproducible public review IS/NOP; 15 hard copies State Clearinghouse (SCH) Summary Form for Electronic Document Submittal; and • 40 flash drive public review IS/NOP (15 to SCH + 5 to City + 20 Distribution List) TASK 6.5: SCOPING MEETING A Public Scoping Meeting will be scheduled during the NOP public review period to orient the community on CEQA's intent and review processes, and the environmental issues to be addressed in the SEIR. The Public Scoping Meeting will also enable the community to understand the project and comment on environmental concerns. Kimley-Horn will provide graphics to supplement the discussion, as appropriate. Comment forms will be provided for this purpose, and the written comments, along with oral comments, will become a part of the project record. Task 6.5 Deliverables: • Graphics; Comment Forms; Powerpoint Presentation TASK 6.6: CEQA NOTICES Kimley-Horn will prepare and distribute the SEIR CEQA Notices outlined below. The Notices will be distributed via certified mail to the SCH and all responsible, trustee, and interested agencies, community groups, and individuals, and filed with the Kimley»)Horn 19 County Clerk. Distribution will be based upon a City-provided Distribution List. This Scope excludes radius mailing, newspaper notices, and payment of CDFW fees. • Notice of Preparation (NOP), • Notice of Availability (NOA), and • Notice of Completion (NOC), • Notice of Determination (NOD). Task 6.6 Deliverables: Each: Draft and Final Notice (NOP, NOC, NOA, NOD) TASK 6.7: PUBLIC REVIEW DRAFT SEIR Following a determination that the proposed Project could have a significant effect on the environment, and during the IS/NOP public review period, Kimley-Horn will initiate preparation of a SEIR. Task 6.7.1: Screencheck Public Review Draft SEIR Kimley-Horn will prepare the Draft SEIR, which will consist of the following sections: a. Executive Summary b. Introduction and Purpose c. Project Description d. Basis for Cumulative Analysis: This Task assumes a maximum of 16 hours for consultation with other jurisdictions, including preparation of letters and cumulative projects list. e. Environmental Analysis: Building on the IS' findings, Kimley-Horn will conduct an analysis to evaluate the Project's potentially significant effects on the environment. The environmental analysis will be based upon readily available data, the Technical Studies identified above, and results from additional research. The significance criteria/thresholds used to evaluate each issue will be identified and patterned after recently amended State CEQA Guidelines Appendix G. The environmental analysis will consider all project phases, including planning, acquisition, development, and operation. The analysis will consider the whole action involved with the proposed project: on- and off-site, project- and cumulative-level, direct and indirect, and short-term construction and long-term operational. Explanations will be provided for all thresholds including "No Impact" responses, which will be supported by cited information sources. The environmental analysis will identify and focus on the project's significant environmental effects, as well as environmental issues raised during the scoping process (NOP responses, Public Scoping Meeting, and other relevant and valid informative sources). For each significant adverse impact, the environmental analysis will also identify feasible mitigation measures, which could avoid or reduce the impact. Preliminarily, the project's key environmental considerations are: • Aesthetics • Cultural Resources • Air Quality • Energy • Biological Resources • Geology, Soils, Paleo. Resources Kimley>»Horn 20 4 IP • Greenhouse Gas Emissions • Public Services • Hazards and Hazardous • Recreation Materials • Transportation (VMT no LOS • Hydrology and Water Quality analysis) • Land Use and Planning • Tribal Cultural Resources • Noise . Utilities and Service Systems • Population, Housing, Employment The IS findings will be used to verify the environmental issues with potentially significant effects. f. Other CEQA Considerations g. Alternatives to the Proposed Action: Kimley-Horn will provide an analysis of a "reasonable range" of alternatives, comparing each alternative's impacts in each environmental issue to the project. Preliminarily, the range of Alternatives will consist of the No Project/No Development Alternative and two other Alternatives to be developed through the environmental analysis process in consultation with the City. For each alternative, Kimley-Horn will qualitatively analyze the environmental issues outlined above. h. Effects Found Not to be Significant i. Organizations and Persons Consulted Task 6.7.2: SEIR Graphics Kimley-Horn will prepare approximately 20 exhibits to enhance the written text and clarify the proposed project environmental impacts. Our in-house graphic design team will create black and white or full-color exhibits, as well as covers and dividers for the SEIR and Technical Appendices. This task assumes the City's Geographic Information Systems (GIS) Division will assist with map/exhibit production to depict candidate housing sites baseline conditions and resource presence/absence. This City-provided data will serve as basis for impact analyses. Task 6.7.3: Public Review Draft SEIR Completion Kimley-Horn will respond to one reconciled set of City comments on the screencheck Draft SEIR. Kimley-Horn will prepare a final screencheck of the Draft SEIR and submit to the City (along with a redline copy of the screencheck Draft SEIR) for approval prior to public release. This Task assumes that the Project Description will not change, and the comments will not raise new substantive issues requiring re-analysis. Tasks 6.7 Deliverables: • 5 copies screencheck Draft SEIR; • 3 copies final screencheck Draft SEIR; • 3 bound public review Draft SEIR; • 1 unbound reproducible public review Draft SEIR; • 15 hard copies SCH Summary Form for Electronic Document Submittal; Kimley>»Horn PAGE 21 -qqqo IP 40 flash drives Public Review Draft SEIR & Technical Appendices (15 to SCH + 5 to City + 20 Distribution List) TASK 6.8: FINAL SEIR Kimley-Horn will initiate preparation of the Final SEIR during the public review period. Task 6.8.1: Screencheck Final SEIR Kimley-Horn will prepare the Final SEIR, which will consist of the following sections: a. Introduction b. List of Commenting Persons, Organizations, and Public Agencies c. Comment Letters d. Responses to Comments: Kimley-Horn will respond to written comments received during the public review period and additional comments raised during public hearings concerning significant environmental issues. It is noted that the extent of public/agency comments that will result from the public review process is presently unknown. Kimley-Horn has budgeted conservatively, assuming a maximum of 80 hours for completion of the screencheck Responses to Comments. Should the level of comments and responses exceed the assumed effort, services will be provided on a T&M basis. e. Errata to the Draft SEIR, if required. Task 6.8.2: Final SEIR Completion Kimley-Horn will respond to one reconciled set of City comments on the screencheck Final SEIR. Kimley-Horn will prepare a final screencheck of the Final SEIR and submit to the City (along with a redline copy of the screencheck Final SEIR) for approval prior to finalizing. Tasks 6.8 Deliverables: • 5 copies screencheck Final SEIR; • 3 copies final screencheck Final SEIR; • 3 bound public review Final SEIR; 1 unbound reproducible public review Final SEIR; 5 flash drives Public Review Final SEIR TASK 6.9: MITIGATION MONITORING AND REPORTING PROGRAM Kimley-Horn will prepare a Mitigation Monitoring and Reporting Program (MMRP) to be defined through coordinating with the City to identify appropriate monitoring steps/procedures, to provide a basis for monitoring such measures during and upon project implementation. The MMRP Checklist will serve as the foundation of the proposed project's MMRP. The Checklist indicates the mitigation measure number, mitigation measure, monitoring milestone, method of verification (documentation, KimlepMorn PAGE 22 IP field checks, etc.), and a verification section for the initials of the verifying individual, date of verification, and pertinent remarks. Task 6.9 Deliverables: C Draft MMRP; and Final MMRP TASK 6,10: PROJECT MANAGEMENT AND MEETINGS/HEARINGS Task 6.10.1: Project Management Ms. Rita Garcia will be responsible for CEQA Project Management, including overall Environmental Team management and coordination, and ongoing consultation with the City. Ms. Garcia will undertake consultation and coordination of the Project and review the SEIR for CEQA compliance. Ms. Garcia will coordinate with all technical and support staff, toward completion of the SEIR. Task 6.30.2: Meetings and Hearings Ms. Garcia and one additional staff will attend the meetings/hearings and conference calls and represent the Team, as appropriate. This Task assumes a maximum of 62 hours for meetings/calls, including preparation, attendance, and follow-up, as appropriate. Should the City determine that additional time beyond the assumed is required, services will be provided on a T&M basis. Assumed Meetings/Hearings: • 5 Staff Meetings (incl. Kick-Off . 2 PC Public Hearings Mtg.) . 1 CC Public Hearing • 1 Scoping Meeting Task 6.10 Deliverables: Agenda (per meeting, as appropriate); Minutes and Action Items (per meeting, as appropriate) Task 7: Public Hearings The Kimley-Horn team will prepare for and attend up to three (3) total Public Hearings. These meetings include two (2) Planning Commission and one (1) City Council Public Hearing. Kimley Horn will prepare a PowerPoint presentation and be prepared to answer questions. Task 6 Deliverables • One electronic copy (in native file format and PDF format) of the PowerPoint presentation • Attendance by up to two (2) Kimley-Horn staff members Kimley>>)Horn PAGE23 Task 8: General Plan Consistency Amendments and Zoning Code Amendments (OPTIONAL) As an optional task, Kimley-Horn team will prepare amendments to the City's Land Use Element and Zoning Code to provide internal consistency with the General Plan. While the Specific depth and breadth of these changes are not known at this time, a general budget has been reserved to accommodate this task. Kimley Horn understands that the specific details of these changes will be known after the development of the Draft sites analysis and policy program. Therefore, the specific scope and effort for this task will be further defined subsequent to the completion of these tasks. A lump sum fee is included in the Fee Schedule to accommodate the estimated effort. Task 6 Deliverables • General Plan Land Use Amendment Text and Maps • Zoning Code Amendment Text and Associated Tables, Graphics, etc. City of Huntington Beach 1 24 s Proposed Draft Project Schedule i 7=j City of Huntington Beach 1 25 ! . D. STAFFING We offer a highly skilled, experienced, and responsive team of professionals that have a proven record of successfully working municipalities on Housing Element requirements and policies, and the preparation of Housing Element Updates. Our team is led by project manager Dave Barquist, AICP, and is supported by a highly integrated team that offers a depth of Housing Element knowledge and demonstrated leadership in helping local agencies meet Housing Element requirements We have included resumes for our key team members on the following pages SU Lrea Ai�P Nick Chen,A Davld Baromst AICP Dav,a Baroo:sl.A- P4a r. a Matt Mortoq ;. Nick Chen_AICP Nick Chen.AICP Acmi_'s a•a I , Alex Ibwa'o Pradula Marriral Molly Mendoza Brian LFLr"y Molly Mendoza PrAhra MRri ni P*l DAVE BARQUIST, AICP fVill Project Manager, Principal-in-Charge, Planning/Policy, Outreach Dave has over 25 years of public and private sector planning experience. including extensive policy and program analysis for local and regional Housing Elements that encompasses constraints and resources analysis, housing needs assessments, conditions surveys. and housing affordability studies His Professional Credentials experience includes direct involvement in the management and preparation of • Bachelor of saence, more than 50 Housing Element Updates in all RHNA planning periods since the Urban and Regional 1990s. Planning, California Sample of Recent Relevant Experience State Polytechnic Encinitas 61" Cycle Housing Element. Encinitas, CA — Project Manager University. Pomona y g 1 9 • American Institute of Del Mar 611 Cycle Housing Element, Del Mar CA— Project Manager Certified Planners Solana Beach 6t" Cycle Housing Element, Solana Beach. CA— Principal in (AICP)it013476 Charge Coronado 61" Cycle Housing Element, Coronado, CA — Project Manager City of Huntington Beach 1 26 _ County of Orange 61" Cycle Housing Element, Orange County, CA— Project Manager City of Fountain Valley Housing Element, Fountain Valley, CA — Project Manager City of Anaheim Housing Element, Anaheim, CA — Project Manager City of Orange Housing Element, Orange, CA — Project Manager City of Placentia Housing Element, Placentia, CA — Project Manager NICK CHEN, AICP G!S/Graphics, Planning/Policy, Outreach Nick is a community planner and urban designer with over 8 years of public and private sector planning experience engaging communities as a part of a wide jrange of planning efforts, from housing policy and entitlement to visioning and long-term strategic planning. His work includes housing element policy, urban Professional design, community visioning, economic development plans, and community Credentials outreach. He has completed formal training in community outreach and • Master urban and Regionall Planning p facilitation with the International Association of Public Participation. , University of Sample of Recent Relevant Experience California, Irvine City of Chino 2021-2029 Housing Element Update, Chino, CA— Project • Bachelor of Science, Landscape Manager Architecture, City of Encinitas 2014-2021 Housing Element Update, Encinitas, CA— Califomia Stale Assistant Project Manager Polytechnic University, Pomona City of Rialto 2014-2021 Housing Element Update, Rialto, CA—Assistant • American Institute of Project Manager City of Encinitas 2021-2029 Housing Element Update, Encinitas, CA— Assistant Project Manager City of Solana Beach 2021-2029 Housing Element Update, Solana Beach. CA — Assistant Project Manager RITA GARCIA Project Manager/Environmental Analysis With more than 30 years of experience, Rita has provided environmental and planning services to a broad range of public and private sector clients. She specializes in managing and contributing to CECA/NEPA documents and regulatory permitting for a broad range of policy-level, multi-component Professional projects, including Housing Elements, General Plans, and Specific Plans. She Credentials has been involved with varied policy documents involving new development • Bachelor of and redevelopment, and facility and infrastructure components in sensitive Science, Urban and environments, with substantial public involvement and controversy. Regional Planning, California State Polytechnic 3each I 27 University, Pomona • National Sample of Recent Relevant Experience Encinitas 2013-2021 Housing Element Supplemental PEIR, Encinitas, CA — Environmental Manager City of Riverside 2014-2021 Housing Element Addendum EIR, Riverside, CA— Project Manager Murneta General Plan 2035 Program EIR, Murrieta, CA— Senior Analyst City of Riverside 2014-2021 Housing Element Update Implementation Plan EIR, Riverside, CA — Project Manager Buena Park General Plan 2035 Program EIR, Buena Park, CA — Senior Analyst MOLLY MENDOZA Planning/Policy, Outreach Molly is a planner with experience in planning, development, and design. Molly also specializes in community engagement. She has experience analyzing community outreach results, participating in outreach events, and engaging local stakeholder in project planning. Before coming to Kimley-Horn, Molly Professional worked as a planning intern with the City of Anaheim and as a policy analyst Credentials with Housing Long Beach. • Master of Urban and Regional Sample of Recent Relevant Experience Planning, University Rialto Housing Element Update, Rialto, CA— Planning Analyst of California, Irvine Rancho Los Amigos South Campus Specific Plan, Downey, CA — Planning • Bachelor of Arts, Analyst History, California State University, County of Orange 2021-2029 Housing Element Update, Orange County, CA— Planning Analyst City of Orange 2021-2029 Housing Element Update, Orange, CA — Planning Analyst Del Mar 2021-2029Housing Element Update, Del Mar, CA — Planning Analyst Encinitas 2021-2029 Housing Element Update, Encinitas, CA— Planning Analyst Housing Element Update, Solana Beach, CA— Planning Analyst MATT HORTON, AICP G1S/Graphics Matt is a planner with more than eight years of experience in land use planning, mobility planning, and GIS analysis. Matt specializes in the development of community plans that thoughtfully consider the interrelationship between mobility and land use. His time at Kimley-Horn has been focused on improving Professional public policy decision making through spatial analytics, scenario planning, and Credentials geographic information systems. • Master of Urban Sample of Recent Relevant Experience and Regional Planning, University of Minnesota leach I 28 _ • Bachelor of Arts (Geography and Housing Element Update, Encinitas, CA— Project Planner Housing Element Update, Solana Beach, CA — Project Planner Red Hill Corridor Specific Plan and EIR, Tustin, CA —GIS Specialist On-Call Civil and Traffic Engineering, Carlsbad, CA — Project Planner Parking Management Plan, Village and Barrio, Carlsbad, CA — Project Planner Trolley Program Feasibility Study, Carlsbad, CA — Project Manager Balboa Avenue Transit Station Specific Plan, San Diego, CA— Project Planner Corridor Planning II Process Zoning Code and Map Update for the General Plan 2030 Update, Santa Cruz, CA— Analyst E. QUALIFICATIONS Kimley-Horn is a full-service planning, environmental, and engineering consulting firm providing services to public and private clients nationwide. We offer the City of Huntington Beach a staff of experienced planners, public policy specialists, and environmental analysts working within a collaborative environment that includes a multidisciplinary team of more than 500 planning and design professionals in 11 offices throughout California, including our offices in Orange, San Diego, Los Angeles, and Riverside. Our Housing Element team is based out of our local office in Orange and includes a team of policy and environmental planners with years of experience successfully interpreting and implementing State housing legislation to achieve HCD certification for jurisdictions across California. The team assigned to the City includes housing element and planning specialists that work daily with public sector clients, providing hands-on, turnkey services to cities, counties, and other state and local agencies throughout California. Our team has worked on numerous housing elements in the local area and statewide. Our experience includes working with several jurisdictions to gain mid-cycle certification. These jurisdictions were some of the first to incorporate the requirements of 2017-2019 State housing legislation in order to achieve HCD certification. Kimley-Horn is currently working with several SANDAG and SCAG jurisdictions on 6th Cycle Updates. Our team works diligently to stay up to date on current legislation and works directly with jurisdictions and HCD on the appropriate implementation of new legislation regarding Affirmatively Furthering Fair Housing (AFFH), AB 1397 candidate sites analysis, AB 686 compliance and other applicable statutory requirements. Our team will use our years of experience and understanding of the Housing Element process to provide a turnkey experience for the City. With this experience, we have developed a deep understanding of the Department of Housing and Community Development (HCD) certification process and utilize our longstanding relationship with HCD to our clients' advantage. We are proud to be able to say that every Housing Element we've worked on has achieved certification by HCDf Recent Housing Element Experience The following are a sample of additional Housing Element Update projects completed by members of our team. City of Huntington Beach I 29 Anaheim Housing (4th cycle - Certified in Indio Housing Element (4th cycle - Certified in Element 2009) 2009 Anaheim Housing (5th cycle- Certified La Mirada Housing (5th cycle - Certified in Element 2014) Element 2014 Antioch Housing (4th cycle - Certified in Los Alamitos Housing (4th cycle - Certified in Element 2010) Element 2010 Arcadia Housing (5th cycle - Certified in Lynwood Housing (4th cycle - Certified in Element 2013) Element 2010 Artesia Housing (4th cycle - Certified in Montclair Housing (4th and 5th cycle — Element 2011) Element Certified in 2014 Carmel Housing (4th cycle - Certified in Murrieta Housing (6th cycle — In Element 2010) Element progress) Chula Vista Housing (4th cycle - Certified in Orange Housing (4th cycle - Certified in Element 2007) Element 2010 City of Chino (6th Cycle — In progress) Orange Housing (5th cycle- Certified in Housing Element Element 2014 Del Mar Housing (61h Cycle — In progress) Orange Housing (61' Cycle — In progress) Element Element El Monte Housing (5th cycle - Certified in County of Orange (6'h Cycle — In progress) Element 2013) Housing Element Encinitas Housing (61h Cycle — In progress) Placentia Housing (4th cycle - Certified in Element Element 2010 Fontana Housing (4th cycle - Certified in (51h Cycle — Certified in Element 2010) 2017 Fontana Housing (51h cycle- Certified in Rialto Housing Mid-Cycle Update — In Element 2014) Element progress Fountain Valley (5th cycle, Certified in Salinas Housing (4th cycle - Certified in Housing Element 2014) Element 2011 Fullerton Housing (4th cycle - Certified in Saratoga Housing (4th cycle - Certified in Element 2010) Element 2010 Gilroy Housing (Found in compliance Solana Beach Housing (61h Cycle — In progress) Element by HCD in 2011) Element Hemet Housing (5th cycle - Certified in Stanton Housing (4th cycle - Certified in Element 2014) Element 2009 Indian Wells Housing (5th cycle — Certified in Truckee Housing (4th cycle - Certified in Element 2014) Element 2009 References The Kimley-Horn team is proud of its successful track record of Housing Element updates for both the 4th cycle and 5th cycle RHNA planning periods. Below is a sample of the Housing Elements our key staff has completed. City of Encinitas Housing Element (5th Cycle and 6'h Cycle), Encinitas, CA City of Huntington Beach 1 30 ® 1 A Kimley-Horn is currently assisting the City with their Housing Element Update for the RHNA 5th and 61h Cycle planning periods. Kimley-Horn worked extensively with City staff, elected official, legal counsel, HCD and the public to develop policy solutions. Aside from completing the technical analysis associated with updating a Housing Element, the process has included numerous outreach events, including stakeholder meetings, community forums, open houses, and public working sessions. Each step of the process has included components to inform and engage the community to make certain that their feedback is incorporated into the Housing Element Update whenever feasible. Reference: Jennifer Gates, Principal Planner, City of Encinitas, 760.633.2714, jgates@encinitas.gov Dates: 2017 — Present Team Members: Dave Barquist— Project Manager, Nick Chen —Assistant Project Manager, Molly Mendoza — Planning Analyst, Rita Garcia — Environmental Manager, Brian Leung — Environmental Analyst City of Del Mar Housing Element (6th Cycle), Del Mar, CA David Barquist and Nick Chen are leading an update to the City of Del Mar's 6th cycle Housing Element. Our team is responsible for evaluating the status of the City's housing programs, updating housing affordability information, analysis of household characteristics, and review of the land inventory available to produce new housing in this community. The Housing Element scope also includes evaluation for constraints on the production of housing in the community, and an update of proposed housing programs. The project also includes conducting community outreach, both in person and virtual, and assistance with the facilitation of a Housing Element Task Force. Reference: Shaun McMahon, Project Planner, City of Del Mar, 858.755.9313, smcmahon@delmar.ca.us Dates: 2019 — Present Team Members: Dave Barquist— Project Manager, Nick Chen —Assistant Project Manager, Molly Mendoza — Planning Analyst City of Rialto Housing Element (5th Cycle), Rialto, CA Kimley-Horn assisted the City of Rialto with the 2014-2021 Housing Element update. The City missed the statutory deadline to complete their 5th cycle Housing Element and completed the Housing Element to meet requirements of AB 1233. Kimley-Horn assisted the City with an updated land inventory analysis to accommodate both the 4th cycle and 5th cycle RHNA needs of the City. The update includes revisions to the City's housing profile, updated governmental and non-governmental constraints to the development of housing, a progress report on the performance of the existing Housing Element, and a revised Housing Plan. Reference: Karen Peterson, Senior Planner, City of Rialto, 909.820.2505, kpeterson@rialtoca.gov Dates: 2016— 2020 Team Members: Dave Barquist — Project Manager, Nick Chen —Assistant Project Manager, Molly Mendoza — Planning Analyst City of Chino Housing Element (6th Cycle), Chino, CA Kimley-Horn is assisting the City of Chino with the 6th Cycle Housing Element update. They will be considering considerable growth due to draft RHNA allocations and must deal with limitation imposed by local growth control legislation. The Kimley Horn team is developing a unique outreach program in consideration with COVID-19 and will be engaging an AdHoc Housing Committee through the planning process. Reference: Warren Morelion, City Planner, City of Chino 909.334.3332, wmorelion@cityofchino.org Dates: 2020 City of Huntington Beach 1 31 Team Members: Dave Barquist— Project Manager, Nick Chen —Assistant Project Manager, Molly Mendoza — Planning Analyst City of Solana Beach Housing Element (6th Cycle), Solana Beach, CA Kimley-Horn is assisting the City of Solana Beach with the 6th Cycle Housing Element update. They will be considering developing policies and programs for a built-out coastal community with almost no vacant land and must deal with limiting land use policies. The Kimley Horn team has developed a comprehensive analysis of sites in consideration of a substantial growth in 61h Cycle RHNA calculations. Reference: Joseph Lim, Director, City of Solana Beach 858.720.2434, jlim@cosb.org Dates: 2020 Team Members: Dave Barquist— Principal, Nick Chen —Project Manager, Molly Mendoza — Planning Analyst F. FEE PROPOSAL CITY OF HUNTINGTON BEACH HOUSING ELEMENT UPDATE-ESTIMATED FEES rev.0811120 TASK 1:PROJECT KICKOFF 1.1 Pmecl Kickaa Meetin 4 8 8 ec f3148 1.2 Pm l Schedule 2 4 51 222 TASK 2:PROJECT MANAGEMENT AND COORDINATION 601 481 301 1 201 S30 664 TASK 3:ANALYZE REGIONAL HOUSING NEEDS ASSESSMENT 3,1 Document Rov" 1 1 4 12 $2,507 3.3 EwlWale Cunma Hmsina Elomml 4 10 16 S4,880 3.3 Hot,,sinq Needs CmsNelnls Resou s Population and HousIM Pm9e 301 Sol 180 18 $46,850 3.4 Haws LeglstatWn Matrix 41 al 401 121 1S8 628 3.5 Dedop Hd iot Plan 121 40 32 $14180 TASK 4:COMMUNITY ENGAGEMENT 4.1 CoiriffWnity OWMaCh Plan 2 4 18 $3562 4.2 Comawrilly Wofthop 01 8 16 20 3 $7.818 4.3 Coo=irdly Workshop 82 S 16 20 3 $7 818 4.5 PtmvdrA Commissim Study Sessions to 3 24 1361 48 1 1 $18.688 4.6 City C4xm a Study Session 1 81 181 18 $T 304 TASK FOUR:DRAFT HOUSING ELEMENT 5.1 SrmnehWk Dralt 8 30 40 10 $13 540 5.2 Pm HCD Pubac RW"Oran 4 16 32 a $8 828 5.3 HCO Submittal Dm8 4 10 28 a $7,300 5.4 Response to Comments 4 18 32 3 S8 614 5.5 PulBk ReJow Dm8 4 18 32 $7 948 5.6 Final pal Housing Element 4 15 32 2 $8 000 5.7 Finm Tansmlltal to and Cares demo Mth HCO 2 4 6 $2.002 TASK 5:CEOA COMPLIANCE 400 60 10D0 100 60 S267,680 TASK 6:PUBLIC HEARINGS 3Hesdn sAssumed 24 42 16 $15.736 TASK 7:FINAL HOUSING ELEMENT CERTIFICATION 2 6 a 6 S3268 Ex enees bevel co Is etc..Re mductlon aatmated S5.000 SUBTOTAL 0231 w5i Ifillai 131 117 $303333 Recommended Condn ency(ISY4 I S73803 TOTAL COST 1 $581 158 OPTIONAL TASKS Task 6:Gmam Plan Ammldmonts and Code R"SIms f75.000 Task 4.4 Ordine Canmu it S 512 000 Nob: -Ham reserves ft t9M bresbrab rasa.+ms amVubsis1 .mb uoeed bM aMmid City of Huntington Beach 1 32 s APPENDIX: FORMS AND REQUIRED INFORMATION Legislation and City Considerations Requested Modifications to Terms and Conditions Legislation and City Considerations 2018 11 e o 0 FUNDING MEASURES- SB 2-Projected to generate hundreds of millions of The city is eligible for a variety of funding dollars annually for affordable housing,supportive opportunities to help achieve the goals and housing,emergency shelters,transitional housing and policies stated in the Housing Element. Careful other housing needs via a$75 to$225 recording fee on consideration to the way in which policy is specified real estate documents. articulated will help to increase the likelihood of future funding acquisition. SB 3-Placed a$4 billion general obligation bond on the Similar to SB 2,The city is eligible for a variety November 2018 ballot to fund affordable housing of funding opportunities to help achieve the programs and the veteran's homeownership program goals and policies stated in the Housing (Calvet). Element. STREAMLINING MEASURES SB 35-Streamlines multifamily housing project approvals, This new law allows developers to request at the request of a developer,in a city that fails to issue streamlining provided certain criteria are met. building permits for its share of the regional housing need This means the City of Huntington Beach will by income category.In a 513 35 city,approval of a need to evaluate the entitlement procedures to qualifying housing development on qualifying site is a permit and track the adherence to the new law. ministerial act,without CEQA review or public hearings. SB 540-Streamlines the housing approval process by SB 540 authorizes a state grant or loan for a allowing jurisdictions to establish Workforce Housing local government to do planning and Opportunity Zones(WHOZs),which focus on workforce environmental reviews to cover a and affordable housing in areas close to jobs and transit neighborhood. and conform to California's greenhouse gas reduction Developers in the designated community also laws.SB 540's objective is to set the stage for approval of will have to reserve a certain percentage of housing developments by conducting all of the necessary homes for low-and middle-income residents planning,environmental review and public input on the and the city's approvals there would be front end through the adoption of a detailed Specific Plan. approved without delay. SB 540 provides the development community with certainty that for a five-year period, development consistent with the plan will be approved without further CEQA review or discretionary decision-making. City of Huntington Beach I Al P1 AS 73—Similar to SB 540 the Bill streamlines the housing Under AS 73, Huntington Beach would receive approval process by allowing jurisdictions to create a money when it designates a community for housing sustainability district to complete upfront zoning more housing and then additional dollars once it and environmental review in order to receive incentive starts issuing permits for new homes.In these payments for development projects that are consistent neighborhoods,at least 20%of the housing must with the ordinance. be reserved for low-or middle-income residents, and projects will have to be granted permits without delay if they meet zoning standards. ACCOUNTABILITY MEASURES SB 167/AS 678/AB 1515—These three measures were Considerations for zoning requirements in the amended late in the 2017 legislative session to entitlement process will have to comply with incorporate nearly all the same changes to the Housing these new laws.Findings for projects may Accountability Act(HAA).The HAA significantly limits the have to be modified,modifications to land use ability of a jurisdiction to deny an affordable or market- definitions will have to be considered. rate housing project that is consistent with existing planning and zoning requirements OTHER MEASURES AS 1505-Allows a jurisdiction to adopt an ordinance that Essentially addressing rental unit incluslonary,the requires a housing development to include a certain AS 1505 law provides a"solution"to the Palmer percentage of residential rental units affordable to and Decision. If the city choses any type of rental occupied by households with incomes that do not exceed inclusionary policy,this will have to be limits for households with extremely low,very low,low or considered. moderate income. Such an ordinance must provide alternative means of compliance such as in-lieu fees,off-site construction,etc. AS 879-Expands upon existing law that requires, by April As a general law city,this law will require annual 1 of each year,general law cities to send an annual report updates to the City Council and submission of to their respective city councils,the state Office of yearly reports on General Plan implementation. Planning and Research(OPR)and HCD that includes information related to the implementation of the General Plan,including RHNA. AS 1397-Makes numerous changes to how a This is one of the most profound changes to jurisdiction establishes its housing element site adequate sites analysis and will require a much inventory more in-depth review of sites and the suitability of those sites.This new law provides very specific justification of sites that area deemed suitable and will much more time and effort then the city has experienced in the past. City of Huntington Beach ( A2 ® ; ;±.. AS 72-Provides HCD new broad authority to find a The is a compliance issue.As part of the jurisdiction's housing element out of substantial Housing Element, the City will have to ensure compliance if it determines that the jurisdiction fails to act the goals, policies and objectives in compliance with its housing element and allows HCD to implementation are a direct consideration refer violations of law to the attorney general. with adopting the Housing Element. City of Huntington Beach A3 1-00 As of January 1, 2019, additional new laws have gone into effect in California. These newest statutory requirements amend and clarify existing adopted law and make additional efforts to increase housing production. 2019 Legislation and City Considerations AB 2753-Seeks to expedite the processing of densityA This will influence the procedural aspects of bonus applications pursuant to the State Density identifying density bonus at the time of completeness Bonus Law.The State Density Bonus Law,originally of any application that certain entitlements are clearly enacted in 1979, requires an agency to grant a density articulated and approved. bonus and/or a certain number of concessions or i Policies and procedures will have to modified to incentives to developers who agree to construct accommodate this new law. developments that provide affordable housing and meet certain criteria.This year's amendments now require local governments to provide determinations to developers regarding the amount of density bonus for which a development is eligible,all reductions in parking requirements for which the applicant is eligible and whether the applicant has provided adequate information for the local government to make a determination regarding any requested incentives,concessions,waivers or reductions in required parking.The law further requires such determinations to be based on the development project at the time the application is deemed complete and provides that the local government shall adjust the amount of density bonus and required parking based on any changes during the course of the development processing. AB 2372-Authorizes cities or counties to grant a Future use and analysis of sites related to mobility and developer of an eligible housing development under transportation improvements will result from the the State Density Bonus Law a floor area ratio bonus in application this law. lieu of a bonus based on dwelling units per acre. The Additionally,amendments to the City's fee ordinance floor area bonus is calculated based on a formula may be required to ensure the fee calculation prescribed in the new statute(i.e., allowable complies with statute. residential base density x(site area in square feet/ 43,500)x 2,250).An eligible housing development under the law is a multifamily housing development that provides at least 20 percent affordable units,is located within a transit priority area or a half-mile from a major transit stop,meets requirements for the replacement of existing units and complies with height requirements applicable to the underlying zone.The law also prohibits cities and counties from imposing parking requirements in excess of specified ratios and allows an applicant for an eligible development to calculate impact fees based on square feet and not per unit. City of Huntington Beach I A4 A SB 1227-Extends the State Density Bonus Law to This may be applicable to student housing apply to student housing. It allows student housing associated with Goldenwest College. projects where at least 20 percent of the units are affordable for lower income students to receive a 35 percent density bonus.The law also provides that the development must provide priority to students experiencing homelessness.The density bonus under the law will be calculated based on the number of beds Instead of units. AB 2797-Requires the State Density Bonus Law to be This law applies to Huntington Beach as they have harmonized with the California Coastal Act so that land within the Coastal Zane. both statutes can be given effect within the coastal zone to increase affordable housing in the coastal zone while protecting coastal resources and access. AB 3194-Makes three important revisions to This law may require the city to evaluate consistency strengthen the Housing Accountability Act(HAA).The with General Plan land use designations and the city HAA strictly limits local governments'authority to zoning classifications.If the City of Huntington Beach reject or restrict housing development projects that finds that additional land must be rezoned,it must comply with applicable objective general plan,zoning also be accompanied by amendments to the General and subdivision standards.The Legislature's reforms Plan land use. to the HAA in 2017 were one of the most significant elements of the 2017 housing package.This year,as revised by AB 3194, if the zoning for a project site is inconsistent with the general plan,a proposed housing development project cannot be considered "inconsistent"with a jurisdiction's zoning standards and cannot be required to seek a rezoning,as long as the project complies with the jurisdiction's objective general plan standards.Second,local agencies must now apply zoning standards and criteria to facilitate and accommodate development at the density allowed on the site by the general plan.Third,the Legislature declared its intent that a"specific, adverse impact on the public health and safety"—the only permissible basis on which a local government can reject or reduce the size of a project that complies with objective standards—will"arise infrequently." 5B 765-Makes a series of"cleanup"revisions to SB Among the most helpful of this year's amendments Is 35,the major streamlining law enacted in 2017,which the Legislature's explicit statement that the California requires localities to grant a streamlined ministerial Environmental Quality Act(CEQA)does not apply to approval to housing projects that meet the locality's the agency's determination of whether an application objective standards,commit to provide prevailing for a development is subject to the streamlined wage labor and provide a specified amount of ministerial approval process—eliminating one affordable housing,among other criteria. argument housing opponents have used to try to avoid the effect of SB 35. City of Huntington Beach A5 Kimley)))Horn , "I 1>. .. ..0 E D AB 2263-Authorizes parking reductions for a development While not germane to the Housing Element,this project in which a designated historical resource is being may impact historic structure reuse in the city, converted or adapted. For projects converting or adapting which could conceivable be reused and require a designated historical resource to a residential use that is reduced parking,which may influence the type located within a half-mile of a major transit stop,an and extent of conversions. agency shall not require the project to provide parking spaces greater than the number of parking spaces that existed on the project site at the time the project application was submitted. For a project converting or adapting a designated historical resource to a nonresidential use,a local agency shall provide a 25 percent reduction in the amount of parking spaces that would otherwise be required. AB 2162-Requires supportive housing to be considered a By-right zoning will potentially require updates use"by right" in zones where multifamily and mixed uses to the city's zoning ordinance,and policies and are permitted,including nonresidential zones permitting programs in the housing element. Because of multifamily uses, if the proposed housing development the by-right requirement,areas that do not meets specified criteria.Supportive housing is housing contain any or have limited supportive housing, linked to an onsite or offsite service that assists the this type of use may become more prevalent in resident in retaining the housing,improving his or her the City over time. health status and ability to live and work in the Especially in Huntington Beach,where a variety community.Qualifying criteria relates to affordability, of multi-family,mixed use and nonresidential long-term deed restrictions,nonresidential floor use zones exist. providing supportive services and other design requirements. The law requires a local government to approve,within specified periods,supportive housing developments that comply with these requirements.The law prohibits the local government from imposing any minimum parking reouirement for units occupied by supportive housing residents if the development is located within a half-mile of a public transit stop. AB 829-Prohibits local governments from requiring a The City of Huntington Beach will have to developer of obtain a letter of acknowledgment or similar consider the procedural aspect of the document prior to applying for state assistance for a entitlement process to ensure compliance housing development.The law defines state assistance as with this new law.This may require new any state funds, a state tax credit or a federal tax credit programs in the Housing Element to comply administered by the state.The legislative analysis for the with law. bill explained that in at least one case in the state,city council members have delayed projects for supportive housing requiring financial assistance by conditioning a project to receive official sign-off from the local elected official in order to receive funding.This law ends that practice for all jurisdictions. City of Huntington Beach A6 KimleyoHorn 1,,, '- 'MJ:.' ACX't_-��tc� A. SB 828/AS 1771-Makes several changes to the Regional SB 828 has a few distinct requirements to Housing Needs Assessment(RHNA)process to use more report in Housing Elements: data to more accurately and fairly reflect job growth and Defines a "healthy"vacancy rate as housing needs,with an emphasis on fair housing goals. no less than 5% RHNA Is the process to identify the total number of housing units and income levels that each jurisdiction Prohibits using past production of must accommodate in its housing element.The RHNA units or stable population growth to process has been In the spotlight recently due to claims justify reduced housing goals that some cities have artificially low RHNA targets due to a politically driven process.New amendments revise the Identify no.of cost burdened households data that the council of governments(the entities that Based on the analysis of the bill,it is likely this determine RHNA targets)must provide to HCD as part of will increase the RHNA need for Huntington the RHNA process.That data must now include new Beach, especially in low-and moderate- information regarding overcrowding rates,vacancy rates income households. and cost-burdened housing(among other new data AS 1771 may provide a more transparent points). This law adds more opportunities for public comment and process for the City and ultimately the ability to HCD adjustments to the council of governments' accommodate RHNA by providing more methodology for selecting RHNA targets,as well an ability structure to the allocation process. for local governments to appeal RHNA targets. Because of considerable overlap amongst these Additionally,the law prohibits a council of governments two bills, it is likely that clean up legislation will from using prior underproduction of housing,or stable occur in the future. population numbers,as justification for a determination or reduction in a local government's share of the RHNA. AS 686-Requires a public agency to administer its This law requires the City of Huntington Beach to programs and activities relating to housing and community include an assessment of Fair Housing practices development in a manner to affirmatively further fair in the City and to"affirmatively further fair housing and not take any action that is inconsistent with housing".With no official guidance of the this obligation."Affirmatively furthering fair housing" interpretation of this law and to the extent of means,among other things, "taking meaningful actions... what an "assessment" includes, beyond what is that overcome patterns of segregation and foster inclusive identified in Gov Code Section 65583 et seq.the communities"and"address significant disparities in AFFH the City will utilize its efforts as a HUD housing needs and in access to opportunity."Additionally, grantee jurisdiction to provide much of this data. an assessment of fair housing practices must now be Klmley-Horn believes this law may require included in upcoming housing elements. additional guidance from the state to further define how the housing element would satisfy the provisions of this law in the Housing Element policy program. SS 1333-Makes charter cities(those governed by a city As a general law, Huntington Beach will not be charter document rather than by general law)subject to affected by this law. several planning laws that previously only applied to general law cities.These include laws related to general plan amendment processing,accessory dwelling unit permitting and the preparation of housing elements. Notably,the new law now requires a charter city's zoning ordinances to be consistent with its adopted general plan. City of Huntington Beach A7 Kimley>»Horn '' 'Ci7G AB 1919-Recognizes that under current prohibitions While not germane to the Housing Element,this against"price gouging,"landlords cannot raise rents by law will still apply to the City of Huntington Beach more than 10 percent within 30 days of a declared if events such as fire,flood,or any other type of disaster, but the prohibition does not apply to rental state declared disaster occur. properties that were not on the market at the time of the emergency.This new law expands the existing crime of price gouging to include new rentals that were not on the market at the time of the emergency within the types of goods and services that are price-controlled in the immediate aftermath of an emergency.The law also makes other related reforms to limit rent increases and evictions following an emergency. AB 2913-Extends the duration of a building permit from This law will affect how the city counts"in the six months(180 days)to 12 months,as long as construction pipeline" projects for RHNA purposes and may has started and has not been abandoned.The law also require procedural modifications in the City's provides that a permit is subject to the building standards current entitlement process. in effect on the date of original issuance,and if the permit does expire,the developer may obtain approval from the local building official for one or more six-month extensions. SB 330—Limits a jurisdiction's ability to change This law is intended to streamline the development standards and zoning applicable to the development process by removing potential project once a"preliminary application"is submitted. governmental constraints during through the Amends the Permit Streamlining Act to specify what development process and providing more surety constitutes a"preliminary application"and states that a for developers regarding fess and timeline. jurisdiction has one chance to identify incomplete items in an initial application,and after that may not request any new information. Prevents jurisdictions from increasing exactions or fees during a project's application period,and only allows such increases if the resolution or ordinance establishing the fee calls for automatic increases in the fee over time. Prohibits jurisdictions from conducting more than 5 hearings if a proposed housing project complies with the applicable,objective general plan and zoning standards in effect at the time the application is deemed complete. Prohibits a jurisdiction from enacting development policies, standards or conditions that would change current zoning and general plan designations of land to"lessen the intensity of housing";from placing a moratorium or similar restrictions on housing development;and from limiting or capping the number of land use approvals or permits.Creates the Housing Accountability Act. AB 1763—Creates enhanced density bonus options, Added density bonus options for projects within including a potential 80%increase in base density and the City that consist of 100%affordable housing. unlimited density bonuses for qualifying projects within a half-mile of a major transit stop.Applies only to projects that consist of 100%affordable housing(no more than 20% City of Huntington Beach A8 Kimleyo Horn "I 1,� ,I moderate-income,and the rest for lower-income). AB 1485—Clarifies that the calculation to determine if a Clarifies guidance around the eligibility of project qualifies for SB 35 where it consists of two-thirds projects to qualify for SB 35 and the Clty's residential excludes underground space.Clarifies that the responsibilities for review of applicable projects. 3-year expiration for SB 35 approval in case of litigation expires 3 years after a final judgment upholding the approval and clarifies that the approval also remains valid as long as vertical construction has begun and is in progress.Clarifies that local governments must issue subsequent permits without unreasonable delay, as long as those subsequent permit applications substantially comply with the approved SB 35 permit.Clarifies that a project complies with SB 35's qualifying criteria as long as"there Is substantial evidence that would allow a reasonable person to conclude"that the development qualifies.Clarifies that under existing law,SB 35 projects are entitled to protection under the Housing Accountability Act. AB 1483—Requires local agencies to make information New requirements for the City to develop and available on housing development fees,applicable zoning publish materials relating to the development of ordinances and standards,annual fee reports and archived housing. Much of this information is publicly nexus fee studies. Requires cities to clearly post their available but may need to be revised to meet the impact fee schedules and nexus studies. HCD will be requirements of state law. required to prepare a 10-year housing data strategy that identifies the data useful to enforce existing housing laws and inform state housing policymaking. AB 101—Effective as of July 31, 2019.Requires local This bill requires the City to allow by-right governments to provide"by right,"CEQA-exempt development for qualifying developments aimed approvals to certain qualifying navigation centers that at transitioning homeless residents into move homeless Californians into permanent housing. permanent housing.Also increases the penalties Creates additional incentives for cities to comply with their for cities not in compliance with State Housing mandates to plan for enough housing under housing Element law. element law.Creates steep penalties for cities that refuse to comply with Housing Element law and ties financial incentives to cities that adopt"pro-housing"policies. AB 1560—Broadens the definition of a "major transit stop" The City has several Transit Priority Areas as to include bus rapid transit. Provides that projects located determined by SCAG on the westside near Harbor within a A mile of a qualifying bus rapid transit stop may Boulevard and in the South Coast Metro area. qualify for parking reductions,CEQA infill housing, Projects within these areas may qualify under AB aesthetic and parking exemptions,SB 375 streamlining for 1560. qualifying transit priority projects and a less than significant WIT impact presumption.Applies to local incentives. City of Huntington Beach ) A9 KimleyoHorn SB 744—Streamlines the approval process for supportive Development streamline approvals. housing projects by clarifying that a decision to seek funding through the No Place Like Home program is not a project for the purpose of CEQA. AB 68-Allows 2 ADUs on a single lot,as well as multiple Promotes the development of ADUs and places ADUs on multifamily lots.Requires local agencies to restrictions on City's ability to discourage the approve or deny an ADU project within 60 days. Restricts development of ADUs. local agencies'ability to adopt certain ordinances that would discourage ADUs. AB 881-Restricting local jurisdictions' permitting criteria. The City must develop and apply a streamlined Clarifies that ADUs must receive streamlined approval if approval process for ADUs and eliminates the constructed in existing garages. Eliminates local previous owner-occupancy requirement. jurisdictions'ability to require owner-occupancy for 5 years. SB 13-Sunsets on January 1, 2025.Creates a tiered fee May require the City to update their ADU structure which charges ADUs more fairly based on their development fees. size and location. Prohibits local jurisdictions from imposing impact fees on ADUs under 750 square feet. Prohibits conditional approval of an ADU on the applicant being an "owner-applicant.' AB 587-Provides that local jurisdictions may allow ADUs to Allows ADUs to be sold separately from a primary be sold or conveyed separately from a primary residence if residence if conditions are met. certain conditions are met.Allows affordable housing organizations to sell deed restricted ADUs to eligible low- Income homeowners. AB 670-Prevents homeowners'associations from barring This is not under the control of the City but ADUs.Allows reasonable restrictions, facilitates further development of ADUs. AB 671-Requires local governments to include in their The City will be required to address methods and housing plans to incentivize and promote the creation of strategies to promote development of ADUs affordable ADUs.Requires HCD to develop a list of state within the Housing Element document through grants and financial incentives for ADU development and policies and goals. post it by Dec. 31,2020. AB 1255-Requires cities and counties to report to the The City will be required to track and report state an Inventory of its surplus lands in urbanized areas. qualifying parcels to the State. Requires the state to include this information in a digitized inventory of state surplus land sites. We have applied the new statutory requirements stated above and have negotiated with HCD and developed workable solutions since these new laws have been adopted. We feel confident that the City of Huntington Beach will benefit for our recent work and avoid any unnecessary effort during the certification process. City of Huntington Beach Al Kimley>»Horn "I 11�. Requested Modifications to Terms and Conditions Kimley-Horn has reviewed the sample Professional Services Contract and requests the following modifications. 3. TERM; TIME OF PERFORMANCE This Agreement is made in anticipation of conditions permitting continuous and orderly progress through completion of services. Times for performance shall be extended as necessary for delays or suspensions due to circumstances that the CONSULTANT does not control. CONSULTANT shall not have liability for any delays expenses losses, damages or be deemed in breach which are caused by any factor outside of its reasonable control, including but not limited to natural disasters. epidemics (including COVID 19), adverse weather, or acts of the CITY, third parties or governmental agencies. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sele-negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sale Gest and expens and CITY shall approve selection of CONSULTANT's counsel for claims for which Consultant is required to indemnify hereunder. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. City of Huntington Beach I Al Kimley>»Horn I "I 111- 1r 11 Client#: 25320 KIMLHORN ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE(MWODNYYY) 8/20/2020 THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the pollcy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder In lieu of such endorsoment(s). PRODUCER NAM TACT Jerry Noyola Greyling Ins. Brokerage/EPIC PHONE 770-552.4225 866-550-4082 3780 Mansell Road, Suite 370 EaMAILC. o Ezt): A/C No: DORESS: jerry.noyola@greyling.com Alpharetta, GA 30022 INSURER(S)AFFORDING COVERAGE NAIL a INSURER A:National Union Fire Ins.Co. 19445 INSURED INSURER B:Aspen American Insurance Company 43460 Kimley-Horn and Associates, Inc. INSURER C:New Hampshire Ins.Co. 23841 421 Fayetteville Street, Suite 600 Lloyds of London 085202 Raleigh, NC 27601 INSURER D: Y INSURER E: I� INSURER F: I COVERAGES CERTIFICATE NUMBER: 20-21 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ISR ADDLSUBR POLICY EFF POLICY EXP .TR TYPE OF INSURANCE $ VAr POLICY NUMBER MMIDDA'YYV MWDONYYY LIMITS A X COWiERCIAL GENERAL LIABILITY 5268169 04/01/2020 04/0112021 pEAACCHH�O�CCCURgqRENCE f 1 000 00O CLAIMS-MADE O OCCUR PREMISES Ea occo,,rence s500 OOO X Contractual Llab MEDEXP An one on) s25 000 I PERSONAL A ADV INJURY f 1 OLIO GOO GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s2,000,000 X PRO PRODUCTS-COMP/OP AGG s2,000,000 JECTX POLICY PRO. LOC OTHER: S A AUTOMOBILE LIABILITY 4 COMBINED SINGLE LIMIT VEDA570FORM 4/01/2020 04101l2021 Ea accident 2,000,000 IX ANY AUTO BODILY INJURY(Per pnaon) $ OWNED SCHEDULED S BODILY INJURY(Par acddent) f AUTOS ONLY AUTOS y: HIRED NON-OWNED Gt /L PROPERTY DAMAGE S AUTOS ONLY X Auros ONLY MICHAEL E. GATES CITY ATTORNEY s a7Y AFNU B UMBRELLA LIAB X OCCUR CXOOSFT livuroN BEACH 04/01I2020 04/0112021 EACH OCCURRENCE $$000000 X EXCESS UAB CLAIMSMADE AGGREGATE f5 OLIO OLIO DED I X RETENTION fO If C WORKERS COMPENSATION 015893685(AOS) 4/01/2020 04/0112021 X PERTUTTE 0ETH AND EMPLOYERS'LIABILITY A ANY PROPRIETORJPARTNERIEXECUT1VEY/N 015893686 (CA) 4/01/2020 0410112021 E.L.EACH ACCIDENT $1000000 OFFICERIMEMBER EXCLUDED? a N I A (Mandatory in NH) E.L.DISEASE-EA EMMPLOYEE s1 000 000 If yyea,deaaibe under OESCRIP"ON OF OPERATIONS lrolav E.1-DISEASE-POLICY LIMIT f 1 00O 000 D Professional Llab B0146LDUSA2004949 4/01/2020 04/01/2021 Per Claim $2,000,000 Aggregate $2,000,000 iESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remark.Schedule,may be attached It more space Is requlrsd) te: Housing Element Update; D. Barquist.The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers are named as Additional Insureds with respects to General & lutomobile Liability where required by written contract.Waiver of Subrogation In favor of Additional I1i'I'ROVED AS TO FORM nsured(s)where required by written contract S allowed by law. Should any of the above described policie oe cancelled by the issuing Insurer before the expiration date thereof, 30 days'written notice (except 110'1_I--HAEL E. lays for nonpayment of premium)will be provided to the Certificate Holder. C17Y ATTORNEY :ERTIFICATE HOLDER CANCELLATION '- CityOf Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE g THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Insurance Administrator ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE ©1988.2015 ACORD CORPORATION.All rights reserved. ,CORD 25(2016103) 1 Of 1 The ACORD name and logo are registered marks of ACORD 152 #52351321/M2102751 JNOY1 POLICY NUMBER: 5268169 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Narne Of Additional Insured Person(s) JI Or Organization(s) I Location(s) Of Covered 0 erat(ons ANY PERSON OR ORGANIZATION WHOM YOU PER THE CONTRACT OR AGREEMENT. BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section tl - Who Is An Insured is amended to that which you are required by the contract include as an additional insured the person(s) or or agreement to provide for such additional organization(s) shown in the Schedule, but only insured. with respect to liability for "bodily injury", B. With respect to the insurance afforded to these "property damage" or "personal and advertising additional insureds, the following additional injury" caused, in whole or in part, by: exclusions apply: 1. Your acts or omissions; or This insurance does not apply to "bodily injury" 2. The acts or omissions of those acting on or "property damage" occurring after: your behalf; 1. All work, including materials, parts or in the performance of your ongoing operations equipment furnished in connection with such for the additional insured(s) at the location(s) work, on the project (other than service, designated above, maintenance or repairs) to be perforated by or on behalf of the additionalinsured(s) at However: the location of the covered operations has 1. The insurance afforded to such additional been completed; or insured only applies to the extent permitted 2. That portion of "your work" out of which by law; and the injury or damage arises has been put to 2. If coverage provided to the additional its intended use by any person or insured is required by a contract or organization other than another contractor or agreement, the insurance afforded to such subcontractor engaged in performing additional insured will not be broader than operations for a principal as a part of the same project. CG 20 10 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 2 ❑ 153 C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III � Limits Of Insurance: If coverage provided to the additional insured is whichever is loss. required by a contract or agreement, the most This endorsement shall not increase the we will pay on behalf of the additional insured applicable Limits of Insurance shown in the is the amount of insurance: Declarations. 1. Required by the contract or agreement; or Page 2 of 2 A Insurance Services Office, Inc,., 2012 CG 20 10 04 13 ❑ 154 POLICY NUMBER: 5268169 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART PROD UCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name-Of Insured Person(s) Location And Description Of Completed Operations Or Organization(s) ANY PERSON OR ORGANIZATION PER THE CONTRACT OR AGREEMENT WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 • Who Is An Insured Is amended to which you are required by the contract or include as an additional insured Ilia person(s) or agreement to provide for such additional organization(s) shown in the Schedule, but only insured. with respect to liability for "bodily injury" or B. With respect to the insurance atlorded to these "property damage" caused, in whole or in part, additional insureds, the following is added to by "your work" at the location designated and Section III - Limits Of Insurance: described in the Schedule of this endorsement If coverage provided to the additional insured is performed for that additional insured and required by a contract or agreement, [lie must included in the "products-completed operations we will pay on behalf of the additional insured hazard". is the amount of insurance: I-lowever' 1. Required by the contract or agreement; of 1. The insurance afforded to such additional 2. Available Under the applir:able Limits of Insu- insured only applies to the extent permitted ranee shown in the Declarations; by law; and whichever is less. 2. If coverage provided to the additional insured is required by a contract or agree. This endorsement shall not increase the appli- ment, the insurance afforded to such addi- cable Limits of Insurance shown in Ilia Decla- tional insured will not be broader than that rations. CG 20 37 04 13 O Insurance Services Office, Inc., 2012 Page 1 of 1 ❑ 155 Client#: 25320 KIMLHORN ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATEIMM/DDIYYYY) 8/20/2020 THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ios) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder In lieu of such endorsement(s). PRODUCER NAME:C Jerry NDyola Greyling Ins. Brokerage/EPIC PHHCONE E.q:770-5524225 alAc Ha: 866.550-4082 JAJ3780 Mansell Road, Suite 370 E-MAIL er no re Iln Alpharetta, GA 30022 ADDRESS: I ry- Yola @9 Y g- com INSURER(S)AFFORDING COVERAGE NAIC2 INSURER A: National Union Fife Ins.CO. 19445 INSURED INSURER B:ASpen American Insurance Company 43460 Kimley-Horn and Associates, Inc. INSURER C:New Hampshire Ins.Co. 23841 421 Fayetteville Street, Suite 600 Llo ds of London 085202 Raleigh, INC 27601 INSURER D: Y INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 20-21 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR TYPE OF INSURANCE ADO�TSUBR POLICY EFF POLICY EXP .TR IN Me POLICY NUMBER MWDDIYYYY MM/DD/YYYY LIMITS A )( COMMERCIAL GENERAL LIABILITY 5268169 4/01/2020 04/01/2021 pEACCHgOCCURRENCE Is1 000000 CLAIMS MADE OCCUR PREMISES E,gq 0(XX+Errrenco) s5000OO X1 Contractual Liab MED EXP(Any one Wson) s25 000 PERSONAL 8 ADV INJURY $1 00O 000 GEN'L AGGREGATE LIMIT APPLIES IIEE�S PER: GENERAL AGGREGATE $2,000,000 RO- POLICY 5I JECTT 1=1 LOC PRODUCTS-COMPIOP AGG 52,000,000 _ OTHER. S A AUTOMOBILE LIABILITY 4�qq�-,�� 4101/2020 04/01/2021 COMBINED SINGLE LIMIT 'Ps7$LIVtD AS TO FORM I` O en1 $2,000,000 IX ANY AUTO _ BODILY INJURY(Par parson) $ OWNED SCHEDULED BODILY INJURY(Per a*adRnt) S AUTOS ONLY AUTOS By: / le-z -14 HIRED NON-OWNED t PROPERTY DAMAGE $ AUTOS ONLY El AUTOS ONLY MICHAEL E. GATES Per 8cdaont CITY ATTORNEY $ UMBRELLA 1148 —�11�l�T1 N-BEACH B X OCCUR CX1105FT20 N� 410112121 04101/2021 EACN OCCURRENCE j$5,000 000 IL)( EXCESS LIAB CLAIMS-MADE AGGREGATE I S5 000 000 _I DED X RETENTION$0 f C WORKERS COMPENSATION 015893685 (AOS) 0410112020 04/01/2021 X PER7UTE OTH AND EMPLOYERS'LIABILITY YIN A ANY PROPRIETOR/PARTNERIEXECUTIVE 015893686 (CA) 4/01/2020 04/01/2021 E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? � N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1 00O 000 11 yes,deX Under _ DESCRIPTgN OF OPERATONS bclol+ E.L.DISEASE-POLICY LIMIT 1$1 00O 000 D Professional Liab B0146LDUSA2004949 4101/2020 04/01/2021 Per Claim $2,000,000 Aggregate $2,000,000 )ESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101.Additional Ramat"Schedule,may W allaUwd it more spaca Is required) 2e: Housing Element Update; D. Barquist. The City of Huntington Beach, its officers, elected or appointed Wiclals, employees, agents and volunteers are named as Additional Insureds with respects to General S automobile Liability where required by written contract. Waiver of Subrogation in favor of Additional ^u"'BOVED AS TO FORM nsured(s) where required by written contract& allowed by law. Should any of the above described policie I Te cancelled by the issuing Insurer before the expiration date thereof, 30 days' written notice (except1101_IIfHAEL E. lays for nonpayment of premium)will be provided to the Certificate Holder. 1 CITY ATTORNEY :ERTIFICATE HOLDER CANCELLATION City of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Insurance Administrator ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE I �4/6� G&� ©1988-2015 ACORD CORPORATION.All rights reserved. ,CORD 25(2016/03) 1 o f 1 The ACORD name and logo are registered marks of ACORD #S2351321/M2102751 JNOY1 POLICY NUMBER: 5268169 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Neameam Of Additional Insured Person(s) or Organization(s) TI_ Location(s) Of Covered Operations ANY PERSON OR ORGANIZATION WHOM YOU jPER THE CONTRACT OR AGREEMENT. BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY iCONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Information required to complete this SchedUle_if not shown above, will be shown in the Declarations _I A. Section 11 - Who Is An Insured is amended to that which you are required by the contract include as an additional insured the persons) or or agreement to provide for such additional organization(s) shown in the Schedule, but only insured. with respect to liability for "bodily injury", B. With respect to the insurance afforded to these "property damage" or "personal and advertising additional insureds, the following additional injury" caused, in whole or in part, by: exclusions apply: 1. Your acts or omissions; or This insurance does not apply to "bodily injury" 2. The acts or omissions of those acting on or "Property damage" occurring after: your behalf; 1. All work, including materials, parts or in the performance of your ongoing operations equipment furnished in connection with such for the additional insured(s) at the location(s) work, on the project (other than service, designated above. maintenance or repairs) to be performed by or on behalf of the additional insured(s) at However: the location of the covered operations has 1. The insurance afforded to such additional been completed; or insured only applies to the extent permitted 2. That portion of "your work" out of which by law; and the injury or damage arises has been put to 2. It coverage provided to the additional its intended use by any person or insured is required by a contract or organization other than another contractor or agreement, the insurance afforded to such subcontractor engaged in performing additional insured will not be broader than operations for a principal as a part of the same project. CG 20 10 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 2 O C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III - Limits Of Insurance: If coverage provided to the additional insured is whichever is less. required by a contract or agreement, the most This endorsement shall not increase the we will pay on behalf of the additional insured applicable Limits of Insurance shown in the is the amount of insurance: Declarations. 1. Required by the contract or agreement; or Page 2 of 2 0 Insurance Services Office, Inc,., 2012 CG 20 10 04 13 0 POLICY NUMBER: 5268169 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Personis) Location And Description Of Completed Operations Or Organization(s) ANY PERSON OR ORGANIZATION _i PER THE CONTRACT OR AGREEMENT WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO, Information required to complete this Schedule, it not shov,n above, will be shown In the Declarations. A. Section II - Who Is An Insured is amended to Which you are required by the contract or include as an, additional insured the personls) or agreement to provide for such additional organizationls) shown in the Schedule, but only insured. with respect to liability for "bodily injury" or B. With respect to the insurance afforded to these ..property darnaye" caused, in whole or in part, additional insureds, the following is added to by "your work" at the location designated and Section III - Limits Of insurance: described in the Schedule of this endorsement If coverage provided to the additional insured is performed for that additional insured and required by o contract or agreernew, the must included in the 'products-completed operations we will pay on behalf of the additional insured hazard". is the amount of insurance: However: 1. Required by the contract or agreement; or 1. The insurance afforded to such additional 2. Available under the applicable Limits of Insu- insured only applies to the extent permitted ranee sho•.vn in the Declarations; by law; and whichever is less. 2. If coverage provided to the additional insured is required uy a contract or agree- This endorsement shall not increase the appli- ment. the insurance afforded to such addi- cable Limits of Insurance shown in the Decla- tional insured will not be broader than that rations. CG 20 37 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 1 ❑ Kimley-Horn , Inc. Contract Amendment No. 1 : Expanded Public Outreach for 2021 - 2029 Housing Element Update March 15 , 2021 COMMUNICATION I�hng Date: vwtOaftmNo.- Existing Contract - Public Outreach ■ 2 Community Workshops ■ Housing Element Update Website (City create & operate) ■ Online Survey (optional - requires CC approval) ■ Planning Commission and City Council Study Sessions 2 Proposed Contract Amendment No . 1 : Options for Expanded Public Outreach 1. Online Community Survey (MetroQuest) $12,000 2. Geographic Area Specific Meetings $11,500 (2 Meetings) 3. Subject Group Meetings $9,400 (3 meetings) 4. Targeted Focus Group Meetings $8,400 (6 meetings) 5. Informational Fact Sheets $3,200 (2 fact sheets) 6. Informational Videos Segments $8,400 (4 videos) 3 Online Community Survey Coft Me",2WI_2M Hmoft EWMV a- howip n Cow Maw • Flexible option for resident participation at their convenience • Survey open for 1 month • Gather data for use in HE analysis W,y•MaCM ui•wOMIMryWMi +�rna. SWal�a ropwa a�uLabyrb•1lb,•a•!b•frY r'1 f�b ewy�ya•a CoIaMM•• ••1•l0.1/41•YIQ E1•Ilwlb awwMaya�la•oaoiaiaoawwwM�aO aM 4 Geographic Area Specific Meetings • 2 workshop meetings • Each workshop includes up to 4 breakout rooms • Allows in-depth discussion on issues and opportunities within specific geographic areas COMMUM ty engagement Subject Group Meetings • 3 meetings • Professionals in fields relating to affordable and - t market-rate housing, low-income services, and Y other relevant backgrounds _ _ �,,. •+ Members of community organizations, major landowners, home builders, affordable housing developers and advocates, and others Targeted Focus Group Meetings • 6 meetings • Identify groups that may not typically participate in City processes, such as: • Specific underrepresented geographic areas • People uncomfortable using technology • English as a second language or not at all • Timing constraints and commitments that prevent them from attending other outreach meetings �a Huntington Beach Informational Fact SheetsGENERAL PLAN The Cay of Nnenglon Beach IS WderWdp a mi,m yea• WHY • 1 poem Ica Wdeb,all Oermni Rr+.The;rouse will doa~Vr M9 Pft"Of OWN w and ro addeN W n oonwaMev and p avida a oko"br dexelopaera and caneMvabon for Vr decades aMYd.The end reaW adl bo an rrpdawd M of mope.9oab,poecees.MW Wbon W Wwft OW wil 900 devaroprrm n 1Mada,pMr Beach.Toe procrs Npioa ar a p&lc*d br,of r mart'people as poss"s n • 2 fact sheets lad and work 0axr amn■x+y so aW"saw,Mal Flan M,Meee balr.deufaM M p e Cddpem n 1hlht wmnaol,h Nam • Quick, easy, effective communication GENERAL PLAN UPDATE PROCESS" • Post on City website and distributed by Staff a l.rr.w. axna aavh W.,'a ae+xY r . ..4 Y... ..d ONO,,enanalee NOW" dr. wen COMM drrM aerrYr aeese.a • 1st Fact Sheet: "'" seed.. d'""'"" axrra.edrr werreawr • Info on state housing law, compliant W'"asea.r Yd.a arose ewer a,sar, housing element process, City specific �4A mN Isaee M,e pedie-rr aN aF MN pesaew M,a uMnwr lu,si 16a�r ram housing info, and project timeline 2nd Fact Sheet released with Public Review " nr,e Draft Housing Element document: "°""" • BOOM Info on project schedule and a "how VWa Man��:lw" nnd, w 1p am.noorWated as a aey The tam on boom to" guide for reviewing Housing of to 19206&OLVM IMIM aw'•of popwMWVAm.corWVft ro.n xdo n weMm oos,a*0 Man yells The MW al Whr ads In 19M.bdl aeM dr non Mr decades.a r w"or reedM % Element sections flowed rMedy Wad"dly A"aU aaq Nnargmn Beach tame to be Imam es a'wdef s peradx vdh xs pns i h osTdw ell pW. n Bea ae an n a to ON and epaca technologyand deveioprnem hob Today,M,adaglon Beach d horro ro ovM 193.000 people.end over 11 rrue,an vddorc a yea, For more letar tlon hell:a lalla.WTBEBEXTWAVE.8AG 8 Informational Video Segments • 4 videos explaining housing-related topics • Post on the City's website, social media, Channel 3, and direct distribution to stakeholders a a -wM*4A -rEAil3 8 City of Huntington Beach - -� snrvi��nl Y 9 File #: 20-1921 MEETING DATE: 10/19/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Ursula Luna-Reynosa, Director of Community Development Subject: Approve and authorize execution of a Professional Services Contract with Kimley-Horn and Associates, Inc. for preparation of the 2021-2029 General Plan Housing Element Update contingent upon award of a $500,000 Department of Housing and Community Development Local Early Action Planning (LEAP) Grant Statement of Issue: Every jurisdiction in California is required to adopt a Housing Element as one of the seven mandated elements of the General Plan and regularly update the Housing Element subject to the statutory schedule. The City is in the final stages of the application process to receive a $500,000 grant from the Department of Housing and Community Development (HCD) to assist in completing an update for the 6th Housing Element cycle (2021-2029). The City Council may elect to enter into a professional services contract with Kimley-Horn and Associates, Inc. (KHA), who was selected following a Request for Proposals process, contingent upon the successful award of the LEAP Grant from HCD. If approved, KHA would assist the City in developing a comprehensive update to the City's 2021- 2029 General Plan Housing Element. Financial Impact: When HCD awards the City a $500,000 LEAP Grant, it will be used for the 2021-2029 Housing Element update to help offset the cost of KHA's contract. Additional funding of $81,158 is available in Account 10060201. The additional funding primarily covers the contract's contingency amount and is available in the Community Development Department professional services budget. Recommended Action: A) Approve the Professional Services Contract between the City and Kimley-Horn and Associates, Inc. for preparation of the 2021-2029 General Plan Housing Element Update contingent upon award of a $500,000 HCD LEAP Grant; and, B) Approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract Between the City of Huntington Beach and Kimley-Horn and Associates, Inc. for Preparation of the 2021-2029 General Plan Housing Element Update" in the amount of$581 ,158 as prepared by the City Attorney (Attachment No. 2); and, City of Huntington Beach Page 1 of 3 Printed on 10/14/2020 powerec&%LegistarTM File #: 20-1921 MEETING DATE: 10/19/2020 C) Approve an increase in the Community Development Department's professional services listing authority by $581,158 for the preparation of the 2021-2029 General Plan Housing Element Update to ensure compliance with Administrative Regulation Number 228, Section 7.1; and, D) Appropriate funds in the amount of$500,000 from Fund 715, a grant from HCD, for the Professional Services Contract between the City and Kimley-Horn and Associates, Inc. Alternative Action(s): The City Council may make the following alternative motions: A. Do not approve the Professional Services Contract between the City and Kimley-Horn and Associates, Inc. B. Continue the item and direct staff accordingly. Analysis: On May 18, 2020, the City Council approved Resolution No. 2020-34 authorizing staff to submit a Local Early Action Planning (LEAP) Grant application to the Department of Housing and Community Development (HCD) to fund the 2021-2029 General Plan Housing Element Update. Every jurisdiction in California is required to adopt a Housing Element as one of the seven mandated elements of the General Plan. Housing Element law mandates that local governments adequately plan to meet the existing and projected housing needs of all economic segments of the community. The Housing Element will develop strategies and programs to comply with California's Housing Element law which requires that each city and county develop local housing programs to meet its "fair share" of existing and future housing needs for all income groups. LEAP Grant funding is based upon the population of a jurisdiction. The City is eligible for an award of $500,000 based on a population size over 200,000 people. The LEAP Grant application is considered an "over the counter" approval process in which HCD works with jurisdictions to revise their application until it is deemed complete and approved. The City has submitted an application, received comments from HCD, revised the application, and is currently awaiting final approval. The tasks and budget of the LEAP Grant are consistent with those of the Housing Element contract. The LEAP Grant will fund the entire contract with the exception of contingencies, which will be funded by the Community Development Department's professional services budget. Consultant Selection Process The City received proposals from Kimley-Horn and Lisa Wise Consulting in response to a Request for Proposals (RFP) for the 2021-2029 Housing Element Update. Three staff members reviewed the proposals based on a rating system that considered compliance with the RFP requirements, methodology, qualifications/experience, clarity, cost, and references. Kimley-Horn received the highest score and was selected based on their proposal and prior experience completing 5th Cycle Housing Elements within the SCAG region. Environmental Status: Pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) guidelines, the activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty City of Huntington Beach Page 2 of 3 Printed on 10/14/2020 powered$,Legistar"O File #: 20-1921 MEETING DATE: 10/19/2020 that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Approval of a contract does not have potential for causing a significant effect on the environment. The 2021-2029 General Plan Housing Element Update itself will be subject to CEQA review. Strategic Plan Goal: Strengthen long-term financial and economic sustainability Attachment(s): 1. Professional Services Contract Between the City of Huntington Beach and Kimley-Horn and Associates, Inc. for the Comprehensive 2021-2029 General Plan Housing Element Update 2. Insurance Certificate City of Huntington Beach Page 3 of 3 Printed on 10/14/2020 powereaN,LegistarTM City Council/ ACTION AGENDA October 19, 2020 Public Financing Authority 19. 20-1930 Accepted the lowest responsive and responsible bid and authorized execution of a construction contract with Horizons Construction in the amount of $897,524 for the Edison Community Center Improvements, MSC-533 Recommended Action: A) Accept the lowest responsive and responsible bid submitted by Horizons Construction in the amount of$897,524, and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Approved 7-0 20. 20-1921 Approved and authorized preparation of a Professional Services Contract with Kimley-Horn and Associates, Inc. for preparation of the 2021-2029 General Plan Housing Element Update contingent upon award of a $500,000 Department of Housing and Community Development Local Early Action Planning (LEAP) Grant Recommended Action: A) Approve preparation of a the-Professional Services Contract in the amount of $505,355.00 between the City and Kimley-Horn and Associates, Inc. for preparation of the 2021- 2029 General Plan Housing Element Update contingent upon award of a $500,000 HCD LEAP Grant. B) Approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract Between the City of Huntington Beach and Kimley-Horn and Associates, Inc. for Preparation of the 2021-2029 General Plan Housing Element Update" in the amount of$ � $505,355 as prepared by the City Attorney (Attachment No. 2); and, C) Approve an increase in the Community Development Department's professional services listing authority by $591,159$505,355 for the preparation of the 2021-2029 General Plan Housing Element Update to ensure compliance with Administrative Regulation Number 228, Section 7.1; and, D) Appropriate funds in the amount of$500,000 from Fund 715, a grant from HCD, for the Professional Services Contract between the City and Kimley-Horn and Associates, Inc. Approved 7-0 as amended by substitute motion 21. 20 1933 Adopted Ordinance No. 4219 adding Chapter 10.49 to the Huntington Beach Municipal Code (HBMC) relating to the Prohibition on Repairs and Sales of Bicycles and Bicycles Parts on Public Property Approved for introduction 10/5/2020 - Vote: 7-0 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND KIMLEY-HORN AND ASSOCIATES,INC. FOR PREPARATION OF THE 2021-2029 GENERAL PLAN HOUSING ELEMENT UPDATE THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and KIMLEY-HORN AND ASSOCIATES, INC., a North Carolina Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to prepare the 2021-2029 General Plan Housing Element Update; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates David Barquist who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the _ performance of this Agreement. 20-8942/234914agree/surfnet/professional secs mayor 1 of 11 5/19-204082 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on October 19, 2020 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than October 15, 2021. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. This Agreement is made in anticipation of conditions permitting continuous and orderly progress through completion of services. Times for performance shall be extended as necessary for delays or suspensions due to circumstances that the CONSULTANT does not control. CONSULTANT shall not have liability for any delays, expenses, losses, damages, or are deemed in breach which are caused by any factor outside of its reasonable control, including but not limited to natural disasters, epidemics (including COVID 19), adverse weather, or acts of the CITY, third parties, or governmental agencies. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Five Hundred and Five Thousand Three Hundred Fifty Five Dollars ($505,355). 20-8942/234914agree/surfnet/professional svcs mayor 2 of 11 5/19-204082 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS A. CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including costs and fees of litigation of every nature or liability of any kind or nature)to the extent arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole or active negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall 20-8942/234914agree/surfnet/professionalsvcs mayor 3 of 11 5/19-204082 approve selection of CONSULTANT's counsel for claims for which Consultant is required to indemnify hereunder. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. B. To the extent that CONSULTANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above: "CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULTANT arise out of,pertain to,or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 20-8942/234914agree/surfnet/professional sves mayor 4 of 11 5/19-204082 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2)years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 20-8942/234914agree/surfneVprofessional sves mayor 5 of 11 5/19-204082 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement;the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any,in connection with the PROJECT and/or the services to be performed hereunder. 20-8942/234914agree!surfnet/professional Svcs mayor b of 11 5/I9-204082 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing,notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent(as designated in Section 1 hereinabove)or to CITY as 20-8942/234914agreel surfnet/professionai svcs mayor 7 of 11 5/19-204082 the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service,to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONSULTANT: City of Huntington Beach David Barquist ATTN: Nicolle Aube 765 The City Drive, Suite 200 2000 Main Street Orange, CA 92868 Huntington Beach,CA 92648 Dave.Barquist@Kimley-Horn.com 17, CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section,paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20-8942/234914agree/surfnetlprofessional secs mayor 8 of 11 5/19-204092 20, INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals,each of which so executed shall, irrespective of the date of its,execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22, IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 20-8942/234914agree/surfnet/professional sves mayor 9 of 11 5/19-204082 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact,held by the signatory or is withdrawn. 20-8942/234914agree/surfnetlprofessional svcs mayor 10 of 11 5/19-204082 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf,which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers. 20-8942/234914agree/surfnet/professional svos mayor 11 of l l 51I9-204082 CONSULTANT, CITY OF HUNTINGTON BEACH, a KIMLEY-HORN AND ASSOCIATES, INC. municipal corporation of the State of COMPANY NAME California or By: � L print name City Clerk ITS: (circle one)Chairman/PresidentNice President AND INITIATED ANY APPROVED: � UL� By: J- Dir r f Community Development ULK print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer WED AN PPROVED: City Ma COUNTERPART APPROVER AS TOTORM: y Attorney f 20-8942/234914agree/surfnet/professional svcs mayor 12 of 11 5/19-204082 CONSULTANT, CITY OF HUNTINGTON BEACH, a KIMLEY-HORN AND ASSOCIATES,INC. municipal corporation of the State of COMPANY NAMF. California Mayor By: print name City Clerk ITS: (circle one)Chairman/Presiden ice President INITIATED AND APPROVED: By' Director of Community Development print ITS: (circ(e one) ief Financial Officer/Amt. Secretary-Treasurer REVIEWED AND APPROVED: City Manager APPROVED AS TO FORM: City Attorney COUNTERPART 20-8942234914agree/surfnetiprofessional svcs mayor 12 of 11 5/19-204092 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Kimley-Horn and Associates,Inc. will prepare the 2021-2029 General Plan Housing Element Update. See attached scope of work. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: The consultant will be responsible for preparation of the 2021-2029 General Plan Housing Element. This includes several tasks such as document analysis,preparing a housing plan, community engagement, CEQA compliance, attending public hearings, and final Housing Element certification with HCD. See attached scope of work for detailed description of duties and responsibilities. C. CITY'S DUTIES AND RESPONSIBILITIES: See attached scope of work. D. WORK PROGRAM/PROJECT SCHEDULE: See attached scope of work. EXHIBIT A EXHIBIT "B" Payment Schedule(Hourly Payment) A. Hourly CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: Kimle Principal $275/hour Senior Planner $16$/hour Associate Planner $130/hour Assistant Planner/ $110/hour Graphics Admin Support $110/hour B, Travel Charges for time during travel are not reimbursable. C. Billing I. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is malting satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of 1 Exhibit B performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 Exhibit B EXHIBIT "B" Payment Schedule(Fixed Fee Payment) I. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D). Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is malting satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Exhibit B PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND KIMLEY-HORN AND ASSOCIATES, INC. FOR PREPARATION OF THE 2021-2029 GENERAL PLAN HOUSING ELEMENT UPDATE Table of Contents 1 Scope of Services.....................................................................................................I 2 City Staff Assistance................................................................................................2 3 Term; Time of Performance.....................................................................................2 4 Compensation..........................................................................................................2 5 Extra Work...............................................................................................................2 6 Method of Payment..................................................................................................3 7 Disposition of Plans,Estimates and Other Documents ...........................................3 8 Hold Harmless.........................................................................................................3 9 Professional Liability Insurance.............................................................................4 10 Certificate of Insurance............................................................................................5 11 independent Contractor............................................................................................6 12 Termination of Agreement.......................................................................................6 13 Assignment and Delegation......................................................................................6 14 Copyrights/Patents...................................................................................................7 15 City Employees and Officials..................................................................................7 16 Notices.........................................................................................7 17 Consent....................................................................................................................8 18 Modification.............................................................................................................8 19 Section Headings .....................................................................................................8 20 Interpretation of this Agreement..............................................................................8 21 Duplicate Original....................................................................................................9 22 Immigration...............................................................................................................9 23 Legal Services Subcontracting Prohibited................................................................9 24 Attorney's Fees..........................................................................................................10 25 Survival.....................................................................................................................10 26 Governing Law.........................................................................................................10 27 Signatories.................................................................................................................10 28 Entirety......................................................................................................................10 29 Effective Date.................................................................................11 Prepared for: r PROPOSAL PROVIDE HODS[t.q LE ENT UPDATrw " Prepared by. coley>> Horn lot, ow Al G F x TABLE OF CONTENTS A. Vendor Application Form and Cover Letter.....................................................................................2 B. Background and Project Summary Section.....................................................................................5 C. Methodology Section ......................................................................................................................8 D. Staffing..........................................................................................................................................15 E. Qualifications ................................................................................................................................18 F. Fee Proposal.................................................................................................................................20 Appendix: Forms and Required Information......................................................................................A-1 City of Huntington Beach I Kimley>))Horn I rl Pll 7,A/ A nnnn A. VENDOR APPLICATION FORM AND COVER LETTER 765 The City June 12, 2020 Drive Ms. Jennifer Andersen Suite 200 City Buyer Orange, CA 92868 City of Huntington Beach TEL 714 939 2000 Main Street ---- Huntington Beach, CA 92648 RE: 2021-2019 Housing Element Update Dear Ms. Andersen and Members of the Selection Committee: Kimley-Horn provides the City of Huntington Beach with a team of Housing Element specialists that not only have a proven record of preparing successful Housing Element Updates but work with local communities as trusted advisors in all aspects of Housing Element statutory requirements and policy development. We understand how to effectively tailor and implement State Housing Element Laws to meet local community needs and use our familiarity with California State Department of Housing and Community Development (HCD) procedures to assist the City in achieving a certified Housing Element. Kimley-Horn has worked with cities and counties throughout California and our team has collaborated extensively with HCD staff since the early 1990s. Housing Element compliance has become an increasingly daunting task, and the upcoming 6th Cycle will be no exception. Therefore, the City will need a team that has recent, practical experience in Housing Element Updates and understands how to work with HCD, stakeholders, and decision-makers. The Kimley-Horn team offers the following strengths for your consideration: Specialists in the Housing Element Certification Process - The Kimley-Horn team has significant staff expertise and knowledge of the requirements for achieving certification by HCD. Our team has years of experience in multiple Housing Element Update cycles and can translate our recent 6th Cycle experience working with HCD in several Southern California jurisdictions to the benefit of the City. Kimley-Horn has had tremendous success when collaborating proactively with HCD to achieve statutory compliance. Understand and have Practical Experience with New Housing Laws - The California legislature has enacted numerous new housing laws in just the past few years. Many of these laws directly affect the analysis and content of the Housing Element. Kimley-Horn is one of the first consulting firms to work under the requirements of these new statutes, even before HCD has provided local guidance for interpreting these new laws. This means that the City will have a team that possesses an "insider knowledge" of new statutory requirements, and how HCD interprets them during Housing Element compliance review. Based on this experience, Kimley-Horn can inform Huntington Beach of HCD's interpretation of these laws and the acceptable methods/analysis/actions the City must employ. Approach Tailored to Your Success - Kimley-Horn will work closely with Huntington Beach to provide a scope of services required to support policies and programs that are consistent with the City of Huntington Beach 1 2 Kimley;))Horn I nn, —1.� 1n 1 community's vision. We have committed a team of qualified and experienced specialists who are identified in this proposal and will help the City develop its housing policy goals. Kimley-Horn's greatest strength is in our desire to create strong interpersonal relationships with our clients and the stakeholders they serve, resulting in a mutually enjoyable and rewarding work effort. Kimley-Horn will provide local coordination from our Orange office where our planning staff is supported by in-house technical resources. Comprehensive and Experienced Team — Our project manager, Dave Barquist, AICP, has a strong record of successful housing program management and State certification of Housing Elements. Our team will work directly with the City to guide the day-to-day tasks of all projects towards successful completion. Our team is supported by a core group of experienced professionals to work with the City. Rita Garcia will serve as project manager for the Environmental Documents. Rita has 30 years of CEQA and planning experience, including recent evaluations of Housing Element Updates. Quality Documents — Kimley-Horn's commitment to quality can be attested through the many professional awards received for our projects, and the satisfaction of our clients and the communities they serve. Our documentation is thorough, and the presentation of information is clear, concise, understandable, and defensible. We understand the nuances of creating policy documents that meet State-mandated requirements, while supporting and advancing the local goals and policies of the community. Commitment to the City of Huntington Beach —We know that a strong commitment to client satisfaction and a quality product must be the foundation of our service to you. Our local Orange office is a short drive from the City's offices and our nearest office to you, thereby allowing Huntington Beach to enjoy greater access to our team. Kimley-Horn commits to be responsive and available to you when you need us. Our team will provide proactive communication and function as an extension of your staff to the City, so together we can complete this project successfully. We have reviewed and understand all elements of the City's Request for Proposals (RFP) and are committed to performing the services as outlined in the scope of work provided. Our scope of services assumes completion of this work effort by the October 15, 2021 deadline. Kimley-Horn appreciates the opportunity to submit this proposal to the City and welcomes the opportunity to work as your trusted advisor and Housing Element team. Please do not hesitate to contact Dave at 714.705.1317, dave.barquist@kimley-horn.com, or the address on the previous page (our nearest local office to the City) if you have any questions or require additional information. Our proposal price will be valid for a period of at least 180 days. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. avia tarquist, AICP Jason Melchor, P.E. Project Manager Associate/Authorized Signer City of Huntington Beach l 3 Kimley,, Horn I PS PSI 7'11 A /1/1- REQUEST FOR PROPOSAL VENDOR APPLICATION FORM TYPE OF APPLICANT: ❑ NEW ® CURRENT VENDOR Legal Contractual Name of Corporation: Kimley-Horn and Associates,Inc. Contact Person for Agreement: Jason Melchor Corporate Mailing Address: 765 The City Drive,Suite 200 City,State and Zip Code: Orange,CA 92868 E-Mail Address:�jason.melchor@kimley-hom.com Phone: 714-939-1030 Fax: 714-621-0368 Contact Person for Proposals: Dave Barquist Title: Associate E-Mail Address:dave.barquiest@kimley-horn.com Business Telephone: 714-939-1030 Business Fax: 714-621-0368 Is your business:(check one) ❑ NON PROFIT CORPORATION [j FOR PROFIT CORPORATION Is your business:(check one) ® CORPORATION ❑ LIMITED LIABILITY PARTNERSHIP ❑ INDIVIDUAL ❑ SOLE PROPRIETORSHIP ❑ PARTNERSHIP ❑ UNINCORPORATED ASSOCIATION I of 2 City of Huntington Beach 4 Kimley,))Horn I nMl 4 nl A nAn Names&Titles of Corporate Board Members (Also list Names&Titles of persons with written authorization/resolution to sign contracts) Names Title Phone Steven E.Lefton Ceo,President,Director 703-674-1300 John C.Atz Chairman,Sr.Vice President 561-845-0665 David L.McEntee Vice President,Treasurer,Assistant Secretary 919-677-2000 Tammy L.Flanagan CFO,Sr.Vice President,Secretary 919-677-2000 Richard N.Cook Sr.Vice President,Secretary 919-677-2000 Federal Tax Identification Number: 56-0885615 City of Huntington Beach Business License Number: A274292 (If none,you must obtain a Huntington Beach Business License upon award of contract.) City of Huntington Beach Business License Expiration Date: 12/31/2020 2 of 2 City of Huntington Beach 5 Kim ley>>>Horn $ nni ��A4 a nnnn B. BACKGROUND AND PROJECT SUMMARY SECTION The City of Huntington Beach is requesting the services of a highly experienced Housing Element consultant to assist the City in completing the State-Mandated Housing Element Update. The 6th Cycle Housing Element must be updated to comply with the current RHNA process and new statutory requirements. Kimley-Horn will provide Huntington Beach with seasoned technical specialists to achieve certification by HCD and approval by the City Council within the timeframe established by state law. Our scope of services provides the necessary tasks to achieve statutory compliance, while providing the City with a locally based policy document that reflects the visions and values of Orange County. Unique from prior Housing Element planning cycles, new state legislation has significantly heightened the consequences of not having a certified Housing Element and empowers the state to implement a variety of remedies, such as the provisions of AB 72, to monitor progress and potentially de-certify Housing Elements if they fail to comply with adopted policies/programs in a timely manner. Our scope of services and project schedule reflects adherence with state mandated deadlines and provides an adequate level of schedule buffer to proactively address potential issues with HCD. Additionally, due to the limited funding and financing resources currently available to the City for housing-related activities, a certified Housing Element may help to meet eligibility requirements for future state housing funds, grants and other financial assistance. Our strategic approach considers policies and programs that can maximize Hunting Beach's potential for acquiring grants and other alternative for funding and financing sources. To develop effective planning policy in the City of Huntington Beach, it is important to fully understand the key planning issues in the community. While the Housing Element is a state-mandated policy document, the Housing Element's policy program is a statement of the City's vision and community values. During the community engagement process, many of the City's planning issues will be identified and policy solutions explored. Understanding of Local Context Kimley-Horn understands that the City's 6th Cycle Housing Element Update will substantially differ from the 51h Cycle Update due to new statutory requirements and a significantly increased RHNA allocation of 13,337 units compared to the 5th Cycle allocation of 1,353 units. The City of Huntington Beach is generally considered a "built-out" community, with limited vacant land available to accommodate future growth need. This will require the identification of infill opportunities in residential and non-residential areas. Existing land use policy, including Specific Plan areas may facilitate infill and mixed-use development in targeted areas. However, many of these sites may no longer meet the statutory requirements to identify them as appropriate for lower income households. As a result, the City may be required to employ creative solutions to facilitate the development of lower income housing to demonstrate the ability to accommodate their State-allocated RHNA need by income category. As part of the 6th Cycle update, the City will be required to comply with new State law to Affirmatively Further Fair Housing (AFFH), which addresses the equitable dispersion of affordable units throughout the City and the preservation of existing "at-risk" affordable housing stock. Kimley-Horn has recent experience working with HCD, local jurisdictions, and communities to interpret and fairly apply recent AFFH guidance during the 6th Cycle planning period. Our recent experience working on Housing Elements for SANDAG and SCAG jurisdictions will benefit Huntington Beach as we understand how to address and analyze these new requirements. City of Huntington Beach 1 6 Kimley>>)Horn i nn, ��n I nnnn Approach to Successful Completion and Certification Kimley-Horn will effectively manage the update process as an extension of staff in all aspects of the Housing Element outlined in the following scope of services including: • Preparing a Housing Element Needs Assessment • Facilitating community outreach and collaborating with City staff to identify key stakeholders • Preparing all Housing Element components required by state law • Serve as the City's representative and liaison with HCD • Prepare a Public Review Draft Housing Element • Prepare a Final Draft Housing Element based on public and agency comments • Presenting the Final Draft Housing Element at two public hearings before the Planning Commission and City Council • Facilitating HCD collaboration throughout the certification process • Final Adoption by the Huntington Beach City Council Compliance with State Housing Law The City's Housing Element must comply with State Housing Element Law to achieve certification by HCD. Kimley-Horn provides Huntington Beach with a unique understanding of Housing Element Law, and most importantly, how HCD interprets the law. This will assist City Staff and elected officials in understanding the implications of non-certification. Kimley-Horn will evaluate existing available land resources to accommodate this projected need in compliance with the statutory requirements of AB 2348 and AB 1397. The new requirements applicable to sites analysis is a significant issue that should not be understated. Kimley-Horn's recent application of these statutory requirements has facilitated the development of an effective approach to identifying, evaluating and selecting appropriate sites. We utilize unique tools and software, such as UrbanFootprint to identify and evaluate candidate sites to accommodate the City's future RHNA growth need. Community Engagement Kimley-Horn recommends a targeted outreach effort to assist the public, stakeholders, and elected/appointed officials in understanding the update process, its implications, and the various methods of achieving compliance with State Law. Community engagement in the Housing Element planning process is an important component to an effective and easily implemented policy program. Kimley-Horn's extensive community outreach experience enables our team to develop effective outreach strategies that achieve community-based support to accurately identify current issues, and craft policy that is responsive to The City's housing needs. Our team is well-versed in conducting outreach in the current COVID-19 environment. We understand the limitations on social gathering and how that can have a demonstrated effect on the level of participation in the planning process. Kimley-Horn has employed several strategies to enhance community engagement, including use of surveys, online meetings, webinars, and live event feeds to encourage participation. Because these restrictions are based on the community and County guidance, we will work with the City of Huntington Beach to find local solutions to outreach to benefit the overall process. City of Huntington Beach 1 7 Kimley>>)Horn I rl Pll 1-4 I'll Proactive Engagement with HCD Kimley-Horn believes it is prudent and sound professional practice to involve HCD staff from the initial stages of the update process. Kimley-Horn has enjoyed a long-term and positive professional relationship with HCD staff. It is intended that HCD will be consulted from the very beginning of the Housing Element Update process. This may involve possible visits with HCD staff, informal discussion on policy and programs, and identification of potential issues within the existing Housing Element. Kimley-Horn will continue interaction with HCD throughout the Housing Element Update process in order to resolve any issues and make certification a seamless process. Based on the City's recent experience in the decertification process and the political sensitivities of this process, it is advisable the City take a proactive posture with HCD to ensure communication is open and effective to assist the City in achieving local goals and complying with statutory requirements. New Legislative Considerations The State of California's recent passing of numerous Housing Bills is indicative of a significant trend towards increasing the expectations on local governments to make their contributions to meeting state housing needs. In our recent experience, Kimley-Horn can testify to the validity of the State's newer, more aggressive approach to Housing Element compliance. A variety of new laws have been adopted that will influence the City's policy and program considerations. The charts included in the Appendix (2018 and 2019 Legislation and City Considerations) provide a summary of recently enacted laws and the methods/strategies and responses the City can take to address them. We have directly applied these recently enacted laws, negotiated with HCD, and developed workable policy and program solutions for our local government clients. The City of Huntington Beach will greatly benefit from our recent work as it will enable more efficient review and negotiation with HCD during the certification process. APPROACH AND METHODOLOGY Kimley-Horn has reviewed the City's RFP and understands the statutory deadline for certification of Housing Elements in the SCAG region is October 15, 2021. Kimley-Horn understands that the City would like to achieve HCD certification prior to the statutory deadline. Kimley-Horn understands that much of the analysis for the Housing Element will rely on data from a variety of sources including American Community Survey, DOF, HUD, SCAG and other federal state and local sources. Getting the most accurate picture of existing and future needs will require the utilization of the most currently available data. We further understand that SCAG has not made a final determination of the City's RHNA obligation. We will work closely with the City to monitor the release of these RHNA growth need allocations expected in early Fall of 2020. Approach to Successful Update Process Kimley-Horn will function as an extension of Huntington Beach staff throughout the planning process to reduce the need for unnecessary staff time and commitments to complete the Housing Element update. The Kimley-Horn team will provide the primary leadership for conducting all aspects of the work effort. As the City's Housing Element consultant, we recognize that it is our responsibility to conduct the necessary analysis, assist in educating the community, local stakeholders, and elected officials, and use our expertise and experience to assist the City in a successful update process. City of Huntington Beach 1 8 Kimley>>)Horn I ri ni 77n nnnn The following scope of services is consistent with the City's requests for services outlined in the RFP and represents an approach to the 6th Cycle Housing Element Update that our team has found to be effective in achieving certification. The 61h Cycle requires analysis, public review periods, and community outreach efforts above and beyond what has been typically included in previous Housing Element Cycles. This scope of services has been tailored to meet the requirements of the update process as outlined by HCD while promoting collaboration with community members, elected officials, and other local stakeholders. We have also included a Project Schedule at the end of Section C. C. METHODOLOGY SECTION Task 1: Scope of Services and Process Task 1.1: Project Kick-off Kimley-Horn will participate in a Kick-Off Meeting with City staff to discuss the update process, answer questions, provide data, and exchange other important procedural aspects of the Housing Element Update. The meeting will address the following: • Technical Assistance in RHNA process, Define Outreach Methodologies as applicable Data Sharing/Exchanging • Review/Modify Scope of Work and Meetings and Public Engagement Schedule ]asx . t ueiiverabies. • Kick-off Meeting Agenda • Kick-off Meeting Minutes Task 1.2: Project Schedule Kimley-Horn will develop and maintain a project deliverables schedule outlining major milestones, meetings, work products, community outreach events, subcommittee meetings, and public hearings. The Project Team will provide regular tracking and updating of the project schedule so that Huntington Beach stays on schedule throughout the Housing Element Update process. The project deliverables schedule will include all tasks within the Scope of Work and accommodate anticipated City and agency review times. Kimley Horn has reviewed the City's draft schedule included in the RFP. We have noted a number timing issue that may come into conflict with statutory requirements. The schedule contained in this proposal addresses the concerns. We further welcome additional discussion during the initial phases of the update process. Task 1.2 Opl vP,-P07!-F• • Project Schedule (Updated as needed) City of Huntington Beach 1 9 Kimley>>)Horn l Pull '97Aw A if nn Task 2: Project Team Coordination Task 2.1: Project Management and Coordination Meetings Kimley-Horn will meet regularly with the project team to coordinate project deliverables, data, and public meetings. The scope and fee provided assume monthly phone meetings will occur throughout the duration of the project and face-to-face meetings when circumstances warrant. It is assumed that five meetings with staff will occur during the update process for project management, project updates and strategy planning. Additional phone conferences and coordination is anticipated to occur throughout the process. Task 3: Housing Element Components Task 3.1: Document Review Following the Kick-Off Meeting, Kimley-Horn will provide City of Huntington Beach staff with a listing of pertinent data that is necessary to complete the work program. Kimley-Horn will only request data that is proprietary to the City and not available publicly. Kimley-Horn will review all applicable City, regional, and State documents pertaining to the Housing Element update. This may include various policy and regulatory documents and other assistance programs. Kimley-Horn will be responsible for identifying and resolving any information gaps. Kimley-Horn anticipates a "turnkey approach" for data collection to the greatest extent feasible and will only request information that is proprietary to the City to minimize the work effort by City Staff. Task 3.i i)eiiveravie • Document Library List Task 3.2: Evaluate the Current Housing Element As required by State law, Kimley-Horn will review and evaluate the 5T" Cycle 2014-2021 Housing Element (as recently recertified in 2020) and its programs. In general, the task will include a review of the appropriateness of the housing goals, objectives, and polices in contributing to the attainment of the stated housing goal; the effectiveness of the Housing Element in attaining community housing goals and objectives; and the City's progress in implementing the Housing Element. The report will include the following information: • Evaluate the status, effectiveness, and appropriateness of the current housing policy programs and identify any barriers to implementation • Compare identified goals from the adopted Housing Element to actual accomplishments during the plan period • Evaluate the existing Housing Element in relation to current State housing laws and identify any omissions or deficiencies Task 3.2 Deliverable • Review of Past Performance Matrix Task 3.3: Housing Needs, Constraints, Resources, Population, and Housing Profile As required by State law, Kimley-Horn will assess housing needs, constraints, and resources available. A population and housing profile will be conducted that summarizes, population and household characteristics, analysis of special needs populations, and units at risk of converting to market rate units. Housing constraints will identify non-governmental, governmental, and City of Huntington Beach 1 10 Kimloy j))Horn i ring ��n4 a nnnn environmental constraints that may influence housing. Housing resources such as availability of vacant land, zoning to accommodate RHNA growth needs, and capacities of available sites will be analyzed. Funding and financing resources available to address existing and future housing market conditions and needs will be identified. Opportunities for energy conservation will also be explored. Based on new housing law, the adequate sites analysis will be much more in-depth and detailed compared to prior planning periods. It is Kimley-Horn's experience that the new law will necessitate a more detailed study of adequate sites to satisfy HCD standards. Fasx .;.j beiiverable! • Housing Profile Report • GIS Based Inventory of Sites • Adequate Sites Analysis • Data Tables, Maps, and Relevant Text Task 3.4: Summary Matrix of Applicable Housing Legislation Kimley-Horn will develop a summary matrix of applicable housing legislation that may affect the City's Housing Element. The matrix will identify the applicable statutory references to the government code, the statutory provisions and the implications it may have for Huntington Beach. A General summary of this type of information is provided in the Appendices to this proposal. The Matrix will be provided in digital format, so that users can download/view the excerpts from state law, HCD guidance memorandums and other applicable provisions. Kimley-Horn believes this will be useful tool in providing a knowledge base for staff, decision-makers and the public to benefit the overall planning process. task 3.4 Deliverabic • Housing Legislation Matrix (Digital and Print Formats) Task 3.5 Develop Housing Plar Kimley-Horn will develop a Housing Plan that constitutes the policy component of the Housing Element. The Housing Plan may include prior policies from the 2021-2029 Housing Element that are still appropriate and will be supplemented by new policies and programs that address new statutory requirements. The Housing Plan will identify policies and programs to address Conservation and Improvement, Availability and Production, Affordability, Removal of Constraints, and Equal Housing Opportunity. Policies and programs will be supplemented with Quantified Objectives by income category. ;sk 3.:� Deliverable. • Housing Policy Plan List of Quantified Objectives Task 4: Community Engagement Task 4.1 Community Outreach Plan Kimley-Horn will employ an approach to public participation that provides for meaningful input and involvement. Kimley-Horn will conduct a minimum of two community engagement workshops to solicit public comments on the Housing Element Update prior to initiating work on Housing Element components. Based upon coordination with City Staff, the Kimley-Horn team will formulate a Community Outreach Program that addresses the outreach strategies, dates, locations, participants and other relevant City of Huntington Beach I �� Kimley o Horn I (1(ll 77l1AA nnnn data. This Outreach Program will guide the outreach process for the Housing Element and will be updated as needed. Utilizing a variety of"tools" such as PowerPoint presentations, informational handouts, visual aids, and Social Media, Kimley-Horn will prepare and deliver materials to help workshop participants understand the update process, issues to resolve (as identified during the current Housing Element Evaluation), and potential solutions. It is assumed that City staff will be responsible for the scheduling of venues, staff coordination, and provide public noticing, facilities, set-up for all community engagement activities. In consideration of the current COVID-19 environment, our team understand the limitations on social gathering and how that can have a demonstrated effect on the level of participation in the planning process. Kimley-Horn can utilize a variety of strategies to enhance community engagement, including use of surveys, online meetings, webinars, and live event feeds to encourage participation. Those options and opportunities can be further explored during the kickoff meeting. Huntington Beach City Staff will be responsible for coordination and participation associated with venue and event scheduling and public dissemination of information via the City's website and other methods in collaboration with the City's public information officer. Task 4.1 Deliverable • Draft Community Outreach Plan in electronic format Task 4.2 Community Workshop #1 — Introduction and Policy Considerations Kimley-Horn will facilitate an initial community workshop with the public and stakeholders to discuss the Housing Element update process. Kimley-Horn will prepare and deliver a PowerPoint presentation, informational handouts, visual aids, and other materials. In collaboration with City staff, Kimley-Horn will identify key stakeholders. The meeting will introduce participants to the RHNA process, Housing Element requirements, legislative requirements and engage in the identification of policy considerations. Participants will identify challenges, issues, and opportunities facing housing in Huntington Beach that will inform policy within the Housing Element. Task 4.2 M-1;vnr,�h1r, • Electronic copies (in PDF format) of draft presentation, handouts, etc. • Preparation of facilitation of Workshop • Summary Workshop notes Task 4.3 Community Workshop #2 Kimley-Horn will facilitate a second community workshop with the public and stakeholders to discuss the Public Review Draft Housing Element. Workshop #2 will build upon the information learned from Workshop #1 and provide draft analysis, policies, and programs for review and discussion. Kimley-Horn will prepare and deliver a PowerPoint presentation, informational handouts, visual aids, and other materials. In collaboration with City staff, Kimley-Horn will identify key stakeholders. 7 ,k 4.3 Deliverable: • Electronic copies (in PDF format) of draft presentation, handouts, etc. • Preparation of facilitation of Workshop • Summary Workshop notes City of Huntington Beach i 12 Kimley>>>Horn I MMI -A- nn nn Task 4.4 Community Outreach Survey Tool (OPTIONAL) Kimley-Horn understands that a flexible community outreach strategy is critical to gathering diverse and meaningful input form the community. The COVID-19 pandemic is altering the way that cities are approaching community outreach during the 6th Cycle Housing Element Update as participants may be less likely to attend traditional community workshops, even when possible. Provided the City would like to explore alternatives or in addition to "in-person" community outreach workshops, Kimley-Horn will provide a web-based outreach tool utilizing MetroQuest. The web- based survey tool includes analytics to evaluate community input on locations for potential housing, housing goals, policies, and programs. The community survey provides an alternative method for gathering public participation that allows residents and stakeholders the flexibility of participating at a time that works for their schedule. The tool also provides tangible data that can be incorporated into the Housing Element to quantify the City's outreach efforts to HCD. asx 4.4 beiivera,njes • Set up, launch and running of outreach survey tool in coordination with City Staff • Summary report of survey results • Review of survey data and incorporation into the Housing Element Task 4.5 Study Session with City Council Kimley-Horn will attend and facilitate one (1) study session/meeting with the City Council. Council will not take any formal action at these meetings. These meetings will be used for interim discussion prior to formal Public Hearings later. The Study Session will serve as an educational opportunity to present information on new housing-related state law, elements of the 6th Cycle Housing Element Update process, and other project-related information determined to be important by City Staff. As part of the work plan refinement process, Kimley-Horn can discuss with City staff the most effective approach for these meetings, including opportunities for involvement of key stakeholder groups, non-profits, and other members of the community. Additional Study Sessions may be conducted at the request of City Staff as additional services not assumed in this proposal. Task 4.5 Deirverable: • Electronic copies (in PDF format) of draft presentation, handouts, etc. • Preparation of facilitation of Study Session • Summary Study Session notes Task 4.6 Study Session with Planning Commission Kimley-Horn will attend and facilitate three (3) study sessions/meetings with the Planning Commission. Study Session content will be similar to the City Council Study Session described previously. Kimley,�>>Horn 13 Task 4.6 Deliverables • Electronic copies (in PDF format) of draft presentation, handouts, etc. • Preparation of facilitation of Study Session • Summary Study Session notes Task 5: Draft Housing Element Kimley-Horn will prepare a Screencheck Draft, Public Review Draft, and Final Housing Element. Task 5.1 Screencheck Draft Kimley-Horn will prepare and submit a Screencheck Draft Housing Element to the City for review. The Screencheck Draft will be a complete draft document and include all required statutory content. The draft will provide tables, maps, and graphics. Task 5.1 Deliverable, • One electronic copy (in native file format and PDF format) of the Screencheck Draft Housing Element for City review and comment • One reproducible copy of the Screencheck draft Task 5.2 Pre-HCD Submittal Public Review Draft Kimley-Horn will prepare a Pre-HCD Public Review Draft Housing Element based on feedback received during the public review process to be reviewed prior to the formal submittal to HCD for initial review. The public review of the Draft Housing Element prior to review by HCD has been requested for 6'"Cycles to make certain that public comments are reflected in the Draft document. Kimley-Horn will provide appropriate responses to public comments on the draft document. This will be beneficial to the City, as issues can be identified and addressed from third parties prior to HCD's formal review. It is recommended the City permit a 30-day public review period. Task 5.2 Deliverable_, • One electronic copy (in native file format and PDF format) • One reproducible copy Task 5.3 HCD Submittal Following all initial community outreach workshops and meetings, Kimley-Horn will prepare summary notes or minutes of the community workshop, and a summary of all other comments received during the public review period described in previous tasks. The HCD Submittal draft will incorporate all community and stakeholder feedback as well as staff comments based on community/third-party input. Once the Draft Housing Element is finalized, it will be submitted for an initial 60-day review to the Kimley>)) Horn 14 4 Department of Housing and Community Development (HCD) after required meetings and approvals from the Planning Commission and City Council. Kimley-Horn will prepare a transmittal letter to HCD detailing how the Housing Element meets State law requirements. The Draft Housing Element will be accompanied by a completed Completeness Review Checklist. i ask 5.3 Deliveraoles • One electronic copy (in native file format and PDF format) of the HCD Draft Housing Element • electronic copy (in native file format and PDF format) of the transmittal letter and checklist Task 5.4 Response to Comments Kimley-Horn will coordinate the preparation of responses to any comments or requested revisions to the HCD Review Draft Housing Element. Based on our recent experience, the City should be prepared to receive considerably more comments during this Cycle. iasK 5.3 Geiiverable: • Summary Matrix of Response to HCD Comments Task 5.5 Public Review Draft Kimley-Horn will prepare a Public Review Draft Housing Element based on comments from HCD for release to the public for review prior to scheduled adoption hearings. Kimley-Horn will resolve any issues and make equeste revisions to the Draft to the satisfaction of the City prior to Public Hearing. Task 5.5 Deliverable- • One electronic copy (in native file format and PDF format) • One reproducible copy Task 5.6: Final Draft Housing Element Following review by HCD, Kimley-Horn will revise the appropriate sections and prepare a Final Draft Housing Element to be presented at public hearings before City Council. Task 5.6 Deliveral • One electronic copy (in native file format and PDF format) of the Final Draft Housing Element Task 5.7: Transmittal of Final Adopted Housing Element to HCD Kimley-Horn will transmit the Final Housing Element to HCD for final certification and will maintain ongoing communication with the State until the Housing Element is Kimley>>>Horn 15 officially deemed certified. As required by state housing element law, the final adopted document must be provided to HCD prior to deeming the Housing Element certified by the State. Task 5.7 Deliverable • Ten (10) bound copies of the adopted Housing Element Document for distribution Task 6: Environmental Compliance The City of Huntington Beach General Plan Update Program Environmental Impact Report (PEIR) (Atkins, 2017) assessed the potentially significant environmental effects of the City of Huntington Beach General Plan Update (GPU). The project analyzed in the PER consisted of adoption and implementation of the GPU, which established an overall development capacity of 85,403 dwelling units (DU), 50.4 million square feet of non-residential land uses, and a population of 211,051 persons by 2040 (GPEIR Table 3-3). Based on the RHNA allocation and anticipated inventory of candidate housing sites, it is anticipated that General Plan amendments/zone changes (i.e., "the Project") would be required to accommodate RHNA growth needs. Additionally, Infrastructure Element amendments would be required. These changes are anticipated to exceed the forecast development capacity analyzed in the GPEIR, requiring a Supplemental or Subsequent EIR (SEIR). Given the prior PER, the SEIR will identify the following: substantial changes (if any), which would require major revisions to the PEIR; substantial changes (if any) concerning the project circumstances, which would require major revisions to the PEIR; and new information, which was not known and could not have been known at the time the PEIR was certified. For each of the environmental issues noted below, the SEIR will evaluate the Project impacts relative to existing conditions and compare those to the PER. Issues that are considered adequately addressed in the PER will be summarized in the SEIR. One of the key decisions with this Project and SEIR, is how best to address the proposed Project considering the PEIR, to what extent issues are deemed adequately addressed, and how best to document these decisions within the SEIR. As discussed further in our Scope of Work below, Kimley-Horn recommends that the SEIR scope be focused through preparation of an Initial Study. Based on verified baseline conditions and the Draft HEU, our Environmental Team will work closely with the HEU Team and City to develop the "CEQA Project." Our Environmental Team will also work closely with our internal technical/engineering partners and City to refine the environmental technical approach and SEIR scope. Kimley-Horn's proven collaborative approach helps identify environmental issues early in the HEU process to "self-mitigate" the Project to avoid/reduce potential impacts; increase efficiency; improve technical quality/accuracy; and avoid loss of time/data. Kimley>))Horn 16 Kimley-Horn will provide the Scope of Services specifically set forth below. This Scope of Services has been prepared based upon Kimley-Horn's understanding of the Project issues and experience with similar issues and projects. This Scope assumes the following: • Baseline conditions, Project Description (based on the City-approved Draft HEU), and approach will not change once the City issues Authorization to Proceed. • The SEIR will address the Project's potential environmental impacts at a programmatic level. • For each deliverable, Kimley-Horn will: o Respond to one reconciled set of City comments- additional City review cycles are excluded, o Provide a "redline copy" that reflects the proposed edits and responds to the City's comments, and o Provide a "final screencheck" copy for City approval prior to finalizing/reproduction. • City comments will not raise new substantive issues requiring re-analysis. TASK 6.1: PROJECT SCOPING Task 6.1.1: Project Kick-Off This Task includes a Kick-Off Meeting with the City and Applicant to discuss the HEU, proposed amendments, etc., and the "CEQA Project" in greater detail. The meeting's primary objectives will be to confirm the City's expectations and Project goals and develop/refine the Project Description. The analysis parameters, baseline conditions, construction details, buildout conditions, scheduling, and overall communications protocol will also be established. Prior to the meeting, Kimley-Horn will distribute a Kick-Off Meeting Agenda and Data Needs TM. Task 6.1.2: Research and Survey Readily available reference data, including planning and policy documentation from the City, County, state and federal agencies, and other agencies that may be affected by the Project will be collected and reviewed. Data obtained through this Task will be foundational to the environmental documentation and incorporated into the analysis, as appropriate. Task 6.1 1)eliverahle, 1 • Kick-Off Meeting Agenda; Kick-Off Meeting Notes and Action Items; and Data Needs TM 'All deliverables will be submitted to the City in electronic format(MS Word and PDF),in addition to specified copies. Kimley)>>Horn 17 TASK 6.2: PROJECT DESCRIPTION Building on the CEQA Project information obtained at the Project Kick-Off Meeting and the Draft SP, Kimley-Horn will prepare a Draft Project Description for City review and approval. The Project Description will detail the Project's location, environmental setting, background and history, characteristics, discretionary actions, goals/objectives, construction schedule/phasing, agreements, and required permits and approvals. Kimley-Horn will prepare exhibits to depict the regional vicinity, candidate housing sites, and key Project components to support the environmental analyses. Task 6.2 Deliverak Draft Project Description-, and Final Project Description TASK 6.3: SENATE BILL 18 AND ASSEMBLY BILL 52 NATIVE AMERICAN COMMUNICATIONS AND SACRED LANDS FILE SEARCH Kimley-Horn will provide Senate Bill (SB18) and Assembly Bill (AB52) Native American communications assistance, as directed by the City. Kimley-Horn will contact the Native American Heritage Commission (NAHC) to request a Sacred Lands File (SLF) Search and an SB18 list of Native American tribes and individuals to contact. Using the NAHC's SB18 list, Kimley-Horn will draft SB18 letters for City distribution. The letters' objective will be to contact the identified entities to discern whether a tribe or individual has knowledge of cultural resources within the Project boundaries. Using the City's California Native American tribal contacts list, Kimley- Horn will draft AB52 letters for City distribution. A request for consultation would require the City to enter a consultation process. Noticing results will be incorporated into the SEIR. Task 6.3 Deliverable; • SB18 Letters; and AB52 Letters TASK b.4: INITIAL STUDY/NOTICE OF PREPARAI ION (IS/NOP) Task 6.4.1: Screencheck IS/NOP Kimley-Horn will prepare an IS in accordance with Public Resources Code §§21080(c)-(e) and State CEQA Guidelines §§15060-15065. The IS will be patterned after State CEQA Guidelines Appendix G and will describe the Project's location, environmental setting/baseline conditions, and characteristics. The IS' main body will consist of an environmental checklist and the supporting environmental analyses. Kimley-Horn will explain all responses and "No Impact" responses will be supported by cited information sources. The responses will consider the whole action involved with the Project: on- and off-site, Project- and cumulative-level, direct and indirect, and short-term construction and long-term operational. The explanation Ki 1 iley>>>Horn 18 4 of each issue will also identify the significance criteria or threshold used to evaluate each question. Upon IS completion, a conference call will be scheduled to communicate to the City/Applicant preliminary environmental review findings and critical path items/issues. In consultation with and as directed by the City, Kimley- Horn will proceed with finalizing the IS, initiating the CEQA compliance documentation through the NOP, and preparing an SEIR. Task 6.4.2: IS/NOP Completion Kimley-Horn will respond to one reconciled set of City comments on the screencheck IS/NOP. Kimley-Horn will provide the City with a redline copy that reflects the proposed edits and responds to the City's comments, and a final screencheck for approval prior to finalizing/reproduction. Task 6.4 Deliverables • 5 copies screencheck IS/NOP; • 3 copies final screencheck IS/NOP; • 3 bound public review IS/NOP; 1 unbound reproducible public review IS/NOP; • 15 hard copies State Clearinghouse (SCH) Summary Form for Electronic Document Submittal; and • 40 flash drive public review IS/NOP (15 to SCH + 5 to City + 20 Distribution List) TASK 6.5: SCOPiNG MEETING A Public Scoping Meeting will be scheduled during the NOP public review period to orient the community on CEQA's intent and review processes, and the environmental issues to be addressed in the SEIR. The Public Scoping Meeting will also enable the community to understand the project and comment on environmental concerns. Kimley-Horn will provide graphics to supplement the discussion, as appropriate. Comment forms will be provided for this purpose, and the written comments, along with oral comments, will become a part of the project record. Task 6.5 Deliverable- * Graphics; Comment Forms; Powerpoint Presentation TASK 6.6: CEQA NOTICES Kimley-Horn will prepare and distribute the SEIR CEQA Notices outlined below. The Notices will be distributed via certified mail to the SCH and all responsible, trustee, and interested agencies, community groups, and individuals, and filed with the Kim ley>>>Horn 19 County Clerk. Distribution will be based upon a City-provided Distribution List. This Scope excludes radius mailing, newspaper notices, and payment of CDFW fees. • Notice of Preparation (NOP), . Notice of Availability (NOA), and • Notice of Completion (NOC), • Notice of Determination (NOD). Task 6.6 Deliverable,. • Each: Draft and Final Notice (NOP, NOC, NOA, NOD) TASK 6.7: PUBLIC REVIEW DRAFT SEIR Following a determination that the proposed Project could have a significant effect on the environment, and during the IS/NOP public review period, Kimley-Horn will initiate preparation of a SEIR. Task 6.7.1: Screencheck Public Review Draft SEIR Kimley-Horn will prepare the Draft SEIR, which will consist of the following sections: a. Executive Summary b. Introduction and Purpose c. Project Description d. Basis for Cumulative Analysis: This Task assumes a maximum of 16 hours for consultation with other jurisdictions, including preparation of letters and cumulative projects list. e. Environmental Analysis: Building on the IS' findings, Kimley-Horn will conduct an analysis to evaluate the Project's potentially significant effects on the environment. The environmental analysis will be based upon readily available data, the Technical Studies identified above, and results from additional research. The significance criteria/thresholds used to evaluate each issue will be identified and patterned after recently amended State CEQA Guidelines Appendix G. The environmental analysis will consider all project phases, including planning, acquisition, development, and operation. The analysis will consider the whole action involved with the proposed project: on- and off-site, project- and cumulative-level, direct and indirect, and short-term construction and long-term operational. Explanations will be provided for all thresholds including "No Impact" responses, which will be supported by cited information sources. The environmental analysis will identify and focus on the project's significant environmental effects, as well as environmental issues raised during the scoping process (NOP responses, Public Scoping Meeting, and other relevant and valid informative sources). For each significant adverse impact, the environmental analysis will also identify feasible mitigation measures, which could avoid or reduce the impact. Preliminarily, the project's key environmental considerations are: • Aesthetics • Cultural Resources • Air Quality • Energy • Biological Resources • Geology, Soils, Paleo. Resources Kim ley,'>,Horn 20 • Greenhouse Gas Emissions • Public Services • Hazards and Hazardous • Recreation Materials . Transportation (VMT no LOS • Hydrology and Water Quality analysis) • Land Use and Planning • Tribal Cultural Resources • Noise • Utilities and Service Systems • Population, Housing, Employment The IS findings will be used to verify the environmental issues with potentially significant effects. f. Other CEQA Considerations g. Alternatives to the Proposed Action: Kimley-Horn will provide an analysis of a "reasonable range" of alternatives, comparing each alternative's impacts in each environmental issue to the project. Preliminarily, the range of Alternatives will consist of the No Project/No Development Alternative and two other Alternatives to be developed through the environmental analysis process in consultation with the City. For each alternative, Kimley-Horn will qualitatively analyze the environmental issues outlined above. h. Effects Found Not to be Significant i. Organizations and Persons Consulted Task 6.7.2: SEIR Graphics Kimley-Horn will prepare approximately 20 exhibits to enhance the written text and clarify the proposed project environmental impacts. Our in-house graphic design team will create black and white or full-color exhibits, as well as covers and dividers for the SEIR and Technical Appendices. This task assumes the City's Geographic Information Systems (GIS) Division will assist with map/exhibit production to depict candidate housing sites baseline conditions and resource presence/absence. This City-provided data will serve as basis for impact analyses. Task 6.7.3: Public Review Draft SEIR Completion Kimley-Horn will respond to one reconciled set of City comments on the screencheck Draft SEIR. Kimley-Horn will prepare a final screencheck of the Draft SEIR and submit to the City (along with a redline copy of the screencheck Draft SEIR) for approval prior to public release. This Task assumes that the Project Description will not change, and the comments will not raise new substantive issues requiring re-analysis. casks 6.7 Deliverables: • 5 copies screencheck Draft SEIR; • 3 copies final screencheck Draft SEIR; • 3 bound public review Draft SEIR; • 1 unbound reproducible public review Draft SEIR; • 15 hard copies SCH Summary Form for Electronic Document Submittal; Kimley>>)Horn PAGE 21 4 lop • 40 flash drives Public Review Draft SEIR & Technical Appendices (15 to SCH + 5 to City + 20 Distribution List) TASK 6.8: r-INAL SEIR Kimley-Horn will initiate preparation of the Final SEIR during the public review period. Task 6.8.1: Screencheck Final SEIR Kimley-Horn will prepare the Final SEIR, which will consist of the following sections: a. Introduction b. List of Commenting Persons, Organizations, and Public Agencies c. Comment Letters d. Responses to Comments: Kimley-Horn will respond to written comments received during the public review period and additional comments raised during public hearings concerning significant environmental issues. It is noted that the extent of public/agency comments that will result from the public review process is presently unknown. Kimley-Horn has budgeted conservatively, assuming a maximum of 80 hours for completion of the screencheck Responses to Comments. Should the level of comments and responses exceed the assumed effort, services will be provided on a T&M basis. e. Errata to the Draft SEIR, if required. Task 6.8.2: Final SEIR Completion Kimley-Horn will respond to one reconciled set of City comments on the screencheck Final SEIR. Kimley-Horn will prepare a final screencheck of the Final SEIR and submit to the City (along with a redline copy of the screencheck Final SEIR) for approval prior to finalizing. Tasks 6.8 Deliver wjes. • 5 copies screencheck Final SEIR; • 3 copies final screencheck Final SEIR; • 3 bound public review Final SEIR; 1 unbound reproducible public review Final SEIR; • 5 flash drives Public Review Final SEIR TASK 6.9: MITIGATION MONITORING AND REPORTING PROGRAM Kimley-Horn will prepare a Mitigation Monitoring and Reporting Program (MMRP) to be defined through coordinating with the City to identify appropriate monitoring steps/procedures, to provide a basis for monitoring such measures during and upon project implementation. The MMRP Checklist will serve as the foundation of the proposed project's MMRP. The Checklist indicates the mitigation measure number, mitigation measure, monitoring milestone, method of verification (documentation, Kimley)>>Horn PAGE 22 4k field checks, etc.), and a verification section for the initials of the verifying individual, date of verification, and pertinent remarks. Task 6.9 Deliverahfe= • Draft MMRP; and Final MMRP TASK 6.10: PROJECT MANAGEMENT AND MEETINGS/HEARINGS Task 6.10.1: Project Management Ms. Rita Garcia will be responsible for CEQA Project Management, including overall Environmental Team management and coordination, and ongoing consultation with the City. Ms. Garcia will undertake consultation and coordination of the Project and review the SEIR for CEQA compliance. Ms. Garcia will coordinate with all technical and support staff, toward completion of the SEIR. Task 6.10.2: Meetings and Hearings Ms. Garcia and one additional staff will attend the meetings/hearings and conference calls and represent the Team, as appropriate. This Task assumes a maximum of 62 hours for meetings/calls, including preparation, attendance, and follow-up, as appropriate. Should the City determine that additional time beyond the assumed is required, services will be provided on a T&M basis. Assumed Meetings/Hearings: • 5 Staff Meetings (incl. Kick-Off • 2 PC Public Hearings Mtg.) • 1 CC Public Hearing • 1 Scoping Meeting Task 6.10 Deliverables: Agenda (per meeting, as appropriate); Minutes and Action Items (per meeting, as appropriate) Task 7: Public Hearings The Kimley-Horn team will prepare for and attend up to three (3) total Public Hearings. These meetings include two (2) Planning Commission and one (1) City Council Public Hearing. Kimley Horn will prepare a PowerPoint presentation and be prepared to answer questions. Task 6 Deliverables • One electronic copy (in native file format and PDF format) of the PowerPoint presentation • Attendance by up to two (2) Kimley-Horn staff members KimIey>>>Horn PAGE 23 Task 8: General Plan Consistency Amendments and Zoning Code Amendments (OPTIONAL) As an optional task, Kimley-Horn team will prepare amendments to the City's Land Use Element and Zoning Code to provide internal consistency with the General Plan. While the Specific depth and breadth of these changes are not known at this time, a general budget has been reserved to accommodate this task. Kimley Horn understands that the specific details of these changes will be known after the development of the Draft sites analysis and policy program. Therefore, the specific scope and effort for this task will be further defined subsequent to the completion of these tasks. A lump sum fee is included in the Fee Schedule to accommodate the estimated effort. Task 6 Dehverabies • General Plan Land Use Amendment Text and Maps • Zoning Code Amendment Text and Associated Tables, Graphics, etc. City of Huntington Beach 1 24 �_ Proposed Draft Project Schedule CITY OF HUNTINGTON BEACH HOUSING ELEMENT UPDATE-DRAFT ESTIMATED SCHEDULE TASK I'PROJECT KICKOFF 1 1 Pro ect Kick-oft MMin 1 2 Pro ecl Schetlule 1 2 Pro ect Coordnahon TASK 2:PROJECT TEAM COORDINATION 2 1 PM and Coordnatlon '' TASK 3:REGIONAL HOUSING NEEDS ASSESSMENT 31 Document Rev,ew 3.2 Elelutate Current Housln Element 3.3 Housln Neetls ConsV nts Resoumes and Profile 3.!Houcin L islation 3.S Deeel Hwsln Plan COMMUNITY F}1GAGEMENT �.1 Communrt Outreach Pla mmum Worksh n <.2 Co N1 <.3 Communi Warkch 1f2 A.5 Plannin Commission St Session 0.6 Cny Council Study Sesslan a 7 RHNA AdHoc Committee ASK 6:DRAFT HOUSING ELEMENT 5.1 Screencheck Draft 5 2 Pre HCD Puoho Reeew Draft 5 3 HCD Suomlttal Daft 5 4 Res Dose to HCD Comments 5 5 Pudic Renew Dall 5 6 Final Drag Housin Element =.g 5 7 Final Transm�Ral[o and Comes—ce vnth HCD TASK 6:CEDA COMPLIANCE 6 0 CEQA Com Rance TASK 7:PUBLIC HEARINGS 7 0 Puaic Heann TASK l:GENERAL PLAWZONNG AMENDMENTS TO GP Consistent A—dmems TASK F.FISCAL ANALYSIS 9 0 Flscel Anal s Nate:Orart Schedule/s for disc on purposes only and will he r 1-ol upon project commencement. City of Huntington Beach 25 ��., D. STAFFING We offer a highly skilled, experienced, and responsive team of professionals that have a proven record of successfully working municipalities on Housing Element requirements and policies, and the preparation of Housing Element Updates. Our team is led by project manager Dave Barquist, AICP, and is supported by a highly integrated team that offers a depth of Housing Element knowledge and demonstrated leadership in helping local agencies meet Housing Element requirements. We have included resumes for our key team members on the following pages. .. Project ManagerEnvironrnental Analysis David Barquist,AICP Rita Garcia Assistant Project Manager Nick Chen,AICP GIS/Graphics mml Environmental Analysis. '. mocimm - Nick Chen,AICP David Barquist AICP David Barquist,AICP Rita Garcia Matt Horton.AICP Nick Chen,AICP Nick Chen,AICP Achilles Malisos Alex Howard Prathna Maharaj Molly Mendoza Brian Leung Molly Mendoza Prathna Maharaj ` DAVE BARQUIST, AICP Project Manager, Principal-in-Charge, Planning/Policy, Outreach Dave has over 25 years of public and private sector planning experience, y>' including extensive policy and program analysis for local and regional Housing c� Elements that encompasses constraints and resources analysis, housing needs ` assessments, conditions surveys, and housing affordability studies. His Profess sional Credentials experience includes direct involvement in the management and preparation of • Bachelor of Science, more than 50 Housing Element Updates in all RHNA planning periods since the Urban and Regional 1990s. Planning, California Sample of Recent Relevant Experience State Polytechnic University, Pomona Encinitas 6th Cycle Housing Element, Encinitas, CA— Project Manager • American Institute of Del Mar 6t' Cycle Housing Element, Del Mar CA— Project Manager Certified Planners Solana Beach 6th Cycle Housing Element, Solana Beach, CA— Principal in (AICP)#013476 Charge Coronado 61h Cycle Housing Element, Coronado, CA— Project Manager City of Huntington Beach 1 26 _ County of Orange 61h Cycle Housing Element, Orange County, CA — Project Manager City of Fountain Valley Housing Element, Fountain Valley, CA — Project Manager City of Anaheim Housing Element, Anaheim, CA — Project Manager City of Orange Housing Element, Orange, CA— Project Manager City of Placentia Housing Element, Placentia, CA— Project Manager NICK CHEN, AICP f GIS/Graphics, Planning/Policy, Outreach Nick is a community planner and urban designer with over 8 years of public and private sector planning experience engaging communities as a part of a wide range of planning efforts, from housing policy and entitlement to visioning and long-term strategic planning. His work includes housing element policy, urban Professional design, community visioning, economic development plans, and community Credentials outreach. He has completed formal training in community outreach and • Master of Urban and facilitation with the International Association of Public Participation. Regional Planning, University of Sample of Recent Relevant Experience California, Irvine City of Chino 2021-2029 Housing Element Update, Chino, CA— Project • Bachelor of Science, Landscape Manager Architecture, City of Encinitas 2014-2021 Housing Element Update, Encinitas, CA— California State Assistant Project Manager Polytechnic University, Pomona City of Rialto 2014-2021 Housing Element Update, Rialto, CA— Assistant • American Institute of Project Manager City of Encinitas 2021-2029 Housing Element Update, Encinitas, CA— Assistant Project Manager City of Solana Beach 2021-2029 Housing Element Update, Solana Beach, CA —Assistant Project Manager RITA GARCIA Project Manager/Environmental Analysis With more than 30 years of experience, Rita has provided environmental and planning services to a broad range of public and private sector clients. She specializes in managing and contributing to CEQA/NEPA documents and regulatory permitting for a broad range of policy-level, multi-component Professional projects, including Housing Elements, General Plans, and Specific Plans. She Credentials has been involved with varied policy documents involving new development • Bachelor of and redevelopment, and facility and infrastructure components in sensitive Science, Urban and environments, with substantial public involvement and controversy. Regional Planning, California State Polytechnic 3each 27 University, Pomona AW, • National Sample of Recent Relevant Experience Encinitas 2013-2021 Housing Element Supplemental PEIR, Encinitas, CA— Environmental Manager City of Riverside 2014-2021 Housing Element Addendum EIR, Riverside, CA— Project Manager Murrieta General Plan 2035 Program EIR, Murrieta, CA— Senior Analyst City of Riverside 2014-2021 Housing Element Update Implementation Plan EIR, Riverside, CA— Project Manager Buena Park General Plan 2035 Program EIR, Buena Park, CA— Senior Analyst MOLLY MENDOZA Planning/Policy, Outreach ' Molly is a planner with experience in planning, development, and design. Molly also specializes in community engagement. She has experience analyzing community outreach results, participating in outreach events, and engaging local stakeholder in project planning. Before coming to Kimley-Horn, Molly Professional Credentials worked as a planning intern with the City of Anaheim and as a policy analyst Master of Urban with Housing Long Beach. • and Regional Sample of Recent Relevant Experience Planning, University Rialto Housing Element Update, Rialto, CA— Planning Analyst of California, Irvine Rancho Los Amigos South Campus Specific Plan, Downey, CA— Planning • Bachelor of Arts, Analyst History, California State University, County of Orange 2021-2029 Housing Element Update, Orange County, CA— Planning Analyst City of Orange 2021-2029 Housing Element Update, Orange, CA — Planning Analyst Del Mar 2021-2029Housing Element Update, Del Mar, CA— Planning Analyst Encinitas 2021-2029 Housing Element Update, Encinitas, CA— Planning Analyst Housing Element Update, Solana Beach, CA — Planning Analyst MATT HORTON, AICP G1S/Graphics Matt is a planner with more than eight years of experience in land use planning, mobility planning, and GIS analysis. Matt specializes in the development of community plans that thoughtfully consider the interrelationship between mobility and land use. His time at Kimley-Horn has been focused on improving Professional public policy decision making through spatial analytics, scenario planning, and Credentials geographic information systems. • Master of Urban Sample of Recent Relevant Experience and Regional Planning, University of Minnesota ;each I 28 ► r • Bachelor of Arts ` (Geography and \� j Housing Element Update, Encinitas, CA— Project Planner Housing Element Update, Solana Beach. CA— Project Planner Red Hill Corridor Specific Plan and EIR, Tustin, CA— GIS Specialist On-Call Civil and Traffic Engineering, Carlsbad, CA— Project Planner Parking Management Plan, Village and Barrio, Carlsbad. CA— Project Planner Trolley Program Feasibility Study. Carlsbad, CA— Project Manager Balboa Avenue Transit Station Specific Plan, San Diego, CA— Project Planner Corridor Planning II Process Zoning Code and Map Update for the General Plan 2030 Update, Santa Cruz, CA—Analyst E. QUALIFICATIONS Kimley-Horn is a full-service planning, environmental, and engineering consulting firm providing services to public and private clients nationwide. We offer the City of Huntington Beach a staff of experienced planners, public policy specialists, and environmental analysts working within a collaborative environment that includes a multidisciplinary team of more than 500 planning and design professionals in 11 offices throughout California, including our offices in Orange, San Diego, Los Angeles, and Riverside. Our Housing Element team is based out of our local office in Orange and includes a team of policy and environmental planners with years of experience successfully interpreting and implementing State housing legislation to achieve HCD certification for jurisdictions across California. The team assigned to the City includes housing element and planning specialists that work daily with public sector clients, providing hands-on, turnkey services to cities, counties, and other state and local agencies throughout California. Our team has worked on numerous housing elements in the local area and statewide. Our experience includes working with several jurisdictions to gain mid-cycle certification. These jurisdictions were some of the first to incorporate the requirements of 2017-2019 State housing legislation in order to achieve HCD certification. Kimley-Horn is currently working with several SANDAG and SCAG jurisdictions on 6th Cycle Updates. Our team works diligently to stay up to date on current legislation and works directly with jurisdictions and HCD on the appropriate implementation of new legislation regarding Affirmatively Furthering Fair Housing (AFFH), AB 1397 candidate sites analysis, AB 686 compliance and other applicable statutory requirements. Our team will use our years of experience and understanding of the Housing Element process to provide a turnkey experience for the City. With this experience, we have developed a deep understanding of the Department of Housing and Community Development (HCD) certification process and utilize our longstanding relationship with HCD to our clients' advantage. We are proud to be able to say that every Housing Element we've worked on has achieved certification by HCD! Recent Housing Element Experience The following are a sample of additional Housing Element Update projects completed by members of our team. City of Huntington Beach 1 29 Housing - - Anaheim Housing (4th cycle - Certified in Indio Housing Element (4th cycle - Certified in Element 2009) 2009 Anaheim Housing (5th cycle- Certified La Mirada Housing (5th cycle - Certified in Element 2014) Element 2014 Antioch Housing (4th cycle - Certified in Los Alamitos Housing (4th cycle - Certified in Element 2010) Element 2010 Arcadia Housing (5th cycle - Certified in Lynwood Housing (4th cycle - Certified in Element 2013) Element 2010 Artesia Housing (4th cycle - Certified in Montclair Housing (4th and 5th cycle — Element 2011) Element Certified in 2014 Carmel Housing (4th cycle - Certified in Murrieta Housing (6th cycle — In Element 2010) Element progress) Chula Vista Housing (4th cycle - Certified in Orange Housing (4th cycle - Certified in Element 2007 Element 12010) Housing Element Cycle/Year Certified Housing Element Cycle/Year Certified City of Chino (6th Cycle — In progress) Orange Housing (5th cycle- Certified in -Housing Element Element 2014 Del Mar Housing (6th Cycle — In progress) Orange Housing (6th Cycle — In progress) Element Element El Monte Housing (5th cycle - Certified in County of Orange (6th Cycle — In progress) Element 2013) Housing Element Encinitas Housing (6th Cycle — In progress) Placentia Housing (4th cycle - Certified in Element Element 2010 Fontana Housing (4th cycle - Certified in (5th Cycle — Certified in Element 2010) 2017 Fontana Housing (5th cycle- Certified in Rialto Housing Mid-Cycle Update — In Element 2014) Element progress Fountain Valley (5th cycle, Certified in Salinas Housing (4th cycle - Certified in -Housing Element 2014) Element 2011 Fullerton Housing (4th cycle - Certified in Saratoga Housing (4th cycle - Certified in Element 2010) Element 2010 Gilroy Housing (Found in compliance Solana Beach Housing (6th Cycle — In progress) Element by HCD in 2011) Element Hemet Housing (5th cycle - Certified in Stanton Housing (4th cycle - Certified in Element 2014) Element 2009 Indian Wells Housing (5th cycle — Certified in Truckee Housing (4th cycle - Certified in Element 2014 Element 12009) References The Kimley-Horn team is proud of its successful track record of Housing Element updates for both the 4th cycle and 5th cycle RHNA planning periods. Below is a sample of the Housing Elements our key staff has completed. City of Encinitas Housing Element (5th Cycle and 6 t h Cycle), Encinitas, CA City of Huntington Beach 1 30 Kimley-Horn is currently assisting the City with their Housing Element Update for the RHNA 5th and 6th Cycle planning periods. Kimley-Horn worked extensively with City staff, elected official, legal counsel, HCD and the public to develop policy solutions. Aside from completing the technical analysis associated with updating a Housing Element, the process has included numerous outreach events, including stakeholder meetings, community forums, open houses, and public working sessions. Each step of the process has included components to inform and engage the community to make certain that their feedback is incorporated into the Housing Element Update whenever feasible. Reference: Jennifer Gates, Principal Planner, City of Encinitas, 760.633.2714, jgates@encinitas.gov Dates: 2017 — Present Team Members: Dave Barquist— Project Manager, Nick Chen — Assistant Project Manager, Molly Mendoza — Planning Analyst, Rita Garcia — Environmental Manager, Brian Leung — Environmental Analyst City of Dei Mar Housing Element (bth Cycle), Del Mar, C/'� David Barquist and Nick Chen are leading an update to the City of Del Mar's 6th cycle Housing Element. Our team is responsible for evaluating the status of the City's housing programs, updating housing affordability information, analysis of household characteristics, and review of the land inventory available to produce new housing in this community. The Housing Element scope also includes evaluation for constraints on the production of housing in the community, and an update of proposed housing programs. The project also includes conducting community outreach, both in person and virtual, and assistance with the facilitation of a Housing Element Task Force. Reference: Shaun McMahon, Project Planner, City of Del Mar, 858.755.9313, smcmahon@delmar.ca.us Dates: 2019 — Present Team Members: Dave Barquist— Project Manager, Nick Chen — Assistant Project Manager, Molly Mendoza — Planning Analyst City of Rialto Housing Element (5th Cycle), Rialto, CA Kimley-Horn assisted the City of Rialto with the 2014-2021 Housing Element update. The City missed the statutory deadline to complete their 5th cycle Housing Element and completed the Housing Element to meet requirements of AB 1233. Kimley-Horn assisted the City with an updated land inventory analysis to accommodate both the 4th cycle and 5th cycle RHNA needs of the City. The update includes revisions to the City's housing profile, updated governmental and non-governmental constraints to the development of housing, a progress report on the performance of the existing Housing Element, and a revised Housing Plan. Reference: Karen Peterson, Senior Planner, City of Rialto, 909.820.2505, kpeterson@rialtoca.gov Dates: 2016 — 2020 Team Members: Dave Barquist— Project Manager, Nick Chen —Assistant Project Manager, Molly Mendoza — Planning Analyst City of Chino Housing Element (6th Cycle), Chino, CA Kimley-Horn is assisting the City of Chino with the 6th Cycle Housing Element update. They will be considering considerable growth due to draft RHNA allocations and must deal with limitation imposed by local growth control legislation. The Kimley Horn team is developing a unique outreach program in consideration with COVID-19 and will be engaging an AdHoc Housing Committee through the planning process. Reference: Warren Morelion, City Planner, City of Chino 909.334.3332, wmorelion@cityofchino.org Dates: 2020 City of Huntington Beach 1 31 Team Members: Dave Barquist— Project Manager, Nick Chen —Assistant Project Manager, Molly Mendoza — Planning Analyst City of Solana Beach Housing Element (6th Cycle), Solana Beach, CA Kimley-Horn is assisting the City of Solana Beach with the 6th Cycle Housing Element update. They will be considering developing policies and programs for a built-out coastal community with almost no vacant land and must deal with limiting land use policies. The Kimley Horn team has developed a comprehensive analysis of sites in consideration of a substantial growth in 6th Cycle RHNA calculations. Reference: Joseph Lim, Director, City of Solana Beach 858.720.2434, jlim@cosb.org Dates: 2020 Team Members: Dave Barquist— Principal, Nick Chen —Project Manager, Molly Mendoza — Planning Analyst F. FEE PROPOSAL CITY OF HUNTINGTON BEACH HOUSING ELEMENT UPDATE-ESTIMATED FEES(rev.081220) Senior Associate Assistant Admin TASK Planner Planner Graphics S Upport Cost r silo TASK 1:PROJECT KICKOFF 1,1 Project Kick-off Meeting41 61 8 $3,148 1.2 Project Schedule 21 4 $1,222 TASK 2:PROJECT MANAGEMENT AND COORDINATION 601 481 301 1 20 $30,664 TASK 3:ANALYZE REGIONAL HOUSING NEEDS ASSESSMENT 3.1 Document Review 1 4 12 $2,507 3.3 Evelutate Current Housing Element 4 10 16 $4,860 3.3 Housing Needs,Constraints,Resources,Population and Housing Profile 30 80 180 16 $46,850 3.4 Housing Legislation Matrix 4 6 40 12 $8,628 3 5 Dew-lop Housinq Plan 12 40 32 $14,180 TASK 4:COMMUNITY ENGAGEMENT 4.1 Community Outreach Plan 21 41 18 $3,562 4.2 Community Workshop#1 81 161 201 31 1 $7,818 4 3 Community Workshop#2 81 161 20 3 $7,818 4.5 Planning Commission Study Sessions(up to 3 241 361 48 $18,888 4 6 City Council Study Session(1) 81 181 16 $7,304 TASK FOUR:DRAFT HOUSING ELEMENT 5.1 Screencheck Draft 8 30 40 10 $13,540 5,2 Pre HCD Public Review Draft 4 16 32 8 $8,828 5.3 HCD Submittal Draft 4 10 28 8 $7.300 5 4 Response to Comments 4 18 32 3 $8,614 5.5 Public Review Draft 4 16 32 $7,948 5.6 Final Draft Housing Element 4 15 32 2 $8,000 5.7 Final Transmittal to and Correspondence with HCD 2 4 6 $2,002 TASK 5:CEQA COMPLIANCE 400 60 1000 100 60 $267,680 TASK 6:PUBLIC HEARINGS 3 Hearings Assumed 24 42 16 $15,736 TASK 7:FINAL HOUSING ELEMENT CERTIFICATION 2 6 8 6 $3,258 Expenses travel,copies,etc..Reproduction estimated $5,000 SUBTOTAL 623 505 1666 134 117 $505,355 Recommended Contingency 15% $75.803 TOTAL COST $581,158 OPTIONAL TASKS Task 8:General Plan Amendments and Zoning Code Revisions $75,000 Task 4.4 Online Community Survey $12,000 Nole:Kinle-Horn reserves the rightlD reallocate st3fing resources amongst tasks dnecessar ,notm exceed IDtalapproved fees City of Huntington Beach 1 32 �_ r �I APPENDIX: FORMS AND REQUIRED INFORMATION Legislation and City Considerations Requested Modifications to Terms and Conditions Legislation and City Considerations 2018 7LEGISLATION CITY OF • • • FUNDING MEASURES SB 2-Projected to generate hundreds of millions of The city is eligible for a variety of funding dollars annually for affordable housing,supportive opportunities to help achieve the goals and housing,emergency shelters,transitional housing and policies stated in the Housing Element. Careful other housing needs via a$75 to$225 recording fee on consideration to the way in which policy is specified real estate documents. articulated will help to increase the likelihood of future funding acquisition. SB 3-Placed a$4 billion general obligation bond on the Similar to SB 2,The city is eligible for a variety November 2018 ballot to fund affordable housing of funding opportunities to help achieve the programs and the veteran's homeownership program goals and policies stated in the Housing (Calvet). Element. STREAMLINING MEASURES SB 35-Streamlines multifamily housing project approvals, This new law allows developers to request at the request of a developer, in a city that fails to issue streamlining provided certain criteria are met. building permits for its share of the regional housing need This means the City of Huntington Beach will by income category. In a SB 35 city,approval of a need to evaluate the entitlement procedures to qualifying housing development on qualifying site is a permit and track the adherence to the new law. ministerial act,without CEQA review or public hearings. SB 540-Streamlines the housing approval process by SB 540 authorizes a state grant or loan for a allowing jurisdictions to establish Workforce Housing local government to do planning and Opportunity Zones(WHOZs),which focus on workforce environmental reviews to cover a and affordable housing in areas close to jobs and transit neighborhood. and conform to California's greenhouse gas reduction Developers in the designated community also laws.SB 540's objective is to set the stage for approval of will have to reserve a certain percentage of housing developments by conducting all of the necessary homes for low-and middle-income residents planning,environmental review and public input on the and the city's approvals there would be front end through the adoption of a detailed Specific Plan. approved without delay. SB 540 provides the development community with certainty that for a five-year period,development consistent with the plan will be approved without further CEQA review or discretionary decision-making. City of Huntington Beach I Al -_ AB 73—Similar to SB 540 the Bill streamlines the housing Under AB 73, Huntington Beach would receive approval process by allowing jurisdictions to create a money when it designates a community for housing sustainability district to complete upfront zoning more housing and then additional dollars once it and environmental review in order to receive incentive starts issuing permits for new homes. In these payments for development projects that are consistent neighborhoods,at least 20%of the housing must with the ordinance. be reserved for low-or middle-income residents, and projects will have to be granted permits without delay if they meet zoning standards. ACCOUNTABILITY MEASURES SIB 167/AB 678/AB 1515—These three measures were Considerations for zoning requirements in the amended late in the 2017 legislative session to entitlement process will have to comply with incorporate nearly all the same changes to the Housing these new laws. Findings for projects may Accountability Act(HAA).The HAA significantly limits the have to be modified, modifications to land use ability of a jurisdiction to deny an affordable or market- definitions will have to be considered. rate housing project that is consistent with existing planning and zoning requirements OTHER MEASURES AB 1505-Allows a jurisdiction to adopt an ordinance that Essentially addressing rental unit inclusionary,the requires a housing development to include a certain AB 1505 law provides a"solution"to the Palmer percentage of residential rental units affordable to and Decision. If the city choses any type of rental occupied by households with incomes that do not exceed inclusionary policy,this will have to be limits for households with extremely low,very low, low or considered. moderate income. Such an ordinance must provide alternative means of compliance such as in-lieu fees,off-site construction,etc. AB 879-Expands upon existing law that requires,by April As a general law city,this law will require annual 1 of each year,general law cities to send an annual report updates to the City Council and submission of to their respective city councils,the state Office of yearly reports on General Plan implementation. Planning and Research(OPR)and HCD that includes information related to the implementation of the General Plan, including RHNA. AB 1397-Makes numerous changes to how a This is one of the most profound changes to jurisdiction establishes its housing element site adequate sites analysis and will require a much inventory more in-depth review of sites and the suitability of those sites.This new law provides very specific justification of sites that area deemed suitable and will much more time and effort then the city has experienced in the past. City of Huntington Beach A2 AB 72-Provides HCD new broad authority to find a The is a compliance issue.As part of the jurisdiction's housing element out of substantial Housing Element,the City will have to ensure compliance if it determines that the jurisdiction fails to act the goals, policies and objectives in compliance with its housing element and allows HCD to implementation are a direct consideration refer violations of law to the attorney general. with adopting the Housing Element. City of Huntington Beach A3 _ As of January 1, 2019, additional new laws have gone into effect in California. These newest statutory requirements amend and clarify existing adopted law and make additional efforts to increase housing production. 2019 Legislation and City Considerations ILEGISLATION CITY OF • CONSJJQfJRA • AB 2753-Seeks to expedite the processing of density This will influence the procedural aspects of bonus applications pursuant to the State Density identifying density bonus at the time of completeness Bonus Law.The State Density Bonus Law,originally of any application that certain entitlements are clearly enacted in 1979,requires an agency to grant a density articulated and approved. bonus and/or a certain number of concessions or i Policies and procedures will have to modified to incentives to developers who agree to construct accommodate this new law. developments that provide affordable housing and meet certain criteria.This year's amendments now require local governments to provide determinations to developers regarding the amount of density bonus for which a development is eligible, all reductions in parking requirements for which the applicant is eligible and whether the applicant has provided adequate information for the local government to make a determination regarding any requested incentives,concessions,waivers or reductions in required parking.The law further requires such determinations to be based on the development project at the time the application is deemed complete and provides that the local government shall adjust the amount of density bonus and required parking based on any changes during the course of the development processing. AB 2372-Authorizes cities or counties to grant a Future use and analysis of sites related to mobility and developer of an eligible housing development under transportation improvements will result from the the State Density Bonus Law a floor area ratio bonus in application this law. lieu of a bonus based on dwelling units per acre.The Additionally,amendments to the City's fee ordinance floor area bonus is calculated based on a formula prescribed in the new statute(i.e.,allowable may be required to ensure the fee calculation complies with statute. residential base density x(site area in square feet/ 43,500)x 2,250).An eligible housing development under the law is a multifamily housing development that provides at least 20 percent affordable units,is located within a transit priority area or a half-mile from a major transit stop, meets requirements for the replacement of existing units and complies with height requirements applicable to the underlying zone.The law also prohibits cities and counties from imposing parking requirements in excess of specified ratios and allows an applicant for an eligible development to calculate impact fees based on square feet and not per unit. City of Huntington Beach I A4 "£ LEGIRATION, CONSIDER"ONS SB 1227-Extends the State Density Bonus Law to This may be applicable to student housing apply to student housing.It allows student housing associated with Goldenwest College. projects where at least 20 percent of the units are affordable for lower income students to receive a 35 percent density bonus.The law also provides that the development must provide priority to students experiencing homelessness.The density bonus under the law will be calculated based on the number of beds instead of units. AB 2797-Requires the State Density Bonus Law to be This law applies to Huntington Beach as they have harmonized with the California Coastal Act so that land within the Coastal Zone. both statutes can be given effect within the coastal zone to increase affordable housing in the coastal zone while protecting coastal resources and access. AB 3194-Makes three important revisions to This law may require the city to evaluate consistency strengthen the Housing Accountability Act(HAA).The with General Plan land use designations and the city HAA strictly limits local governments'authority to zoning classifications. If the City of Huntington Beach reject or restrict housing development projects that finds that additional land must be rezoned,it must comply with applicable objective general plan,zoning also be accompanied by amendments to the General and subdivision standards.The Legislature's reforms Plan land use. to the HAA in 2017 were one of the most significant elements of the 2017 housing package.This year,as revised by AB 3194,if the zoning for a project site is inconsistent with the general plan,a proposed housing development project cannot be considered "inconsistent"with a jurisdiction's zoning standards and cannot be required to seek a rezoning,as long as the project complies with the jurisdiction's objective general plan standards.Second,local agencies must now apply zoning standards and criteria to facilitate and accommodate development at the density allowed on the site by the general plan.Third,the Legislature declared its intent that a"specific,adverse impact on the public health and safety"—the only permissible basis on which a local government can reject or reduce the size of a project that complies with objective standards—will"arise infrequently." SB 765-Makes a series of"cleanup"revisions to SB Among the most helpful of this year's amendments is 35,the major streamlining law enacted in 2017,which the Legislature's explicit statement that the California requires localities to grant a streamlined ministerial Environmental Quality Act(CEQA)does not apply to approval to housing projects that meet the locality's the agency's determination of whether an application objective standards,commit to provide prevailing for a development is subject to the streamlined wage labor and provide a specified amount of ministerial approval process—eliminating one affordable housing,among other criteria. argument housing opponents have used to try to avoid the effect of SB 35. City of Huntington Beach A5 Kimley>>)Horn i nnl 77/1A4 nnnn LEGISLATIONOF • CONSIDERATIONS AB 2263-Authorizes parking reductions for a development While not germane to the Housing Element,this project in which a designated historical resource is being may impact historic structure reuse in the city, converted or adapted. For projects converting or adapting which could conceivable be reused and require a designated historical resource to a residential use that is reduced parking,which may influence the type located within a half-mile of a major transit stop,an and extent of conversions. agency shall not require the project to provide parking spaces greater than the number of parking spaces that existed on the project site at the time the project application was submitted. For a project converting or adapting a designated historical resource to a nonresidential use,a local agency shall provide a 25 percent reduction in the amount of parking spaces that would otherwise be required. AB 2162-Requires supportive housing to be considered a By-right zoning will potentially require updates use"by right"in zones where multifamily and mixed uses to the city's zoning ordinance,and policies and are permitted,including nonresidential zones permitting programs in the housing element. Because of multifamily uses,if the proposed housing development the by-right requirement,areas that do not meets specified criteria.Supportive housing is housing contain any or have limited supportive housing, linked to an onsite or offsite service that assists the this type of use may become more prevalent in resident in retaining the housing,improving his or her the City over time. health status and ability to live and work in the Especially in Huntington Beach,where a variety community.Qualifying criteria relates to affordability, of multi-family,mixed use and nonresidential long-term deed restrictions,nonresidential floor use zones exist. providing supportive services and other design requirements. The law requires a local government to approve,within specified periods,supportive housing developments that comply with these requirements.The law prohibits the local government from imposing any minimum parking requirement for units occupied by supportive housing residents if the development is located within a half-mile of a public transit stop. AB 829-Prohibits local governments from requiring a The City of Huntington Beach will have to developer of obtain a letter of acknowledgment or similar consider the procedural aspect of the document prior to applying for state assistance for a entitlement process to ensure compliance housing development.The law defines state assistance as with this new law.This may require new any state funds,a state tax credit or a federal tax credit programs in the Housing Element to comply administered by the state.The legislative analysis for the with law. bill explained that in at least one case in the state,city council members have delayed projects for supportive housing requiring financial assistance by conditioning a project to receive official sign-off from the local elected official in order to receive funding.This law ends that practice for all jurisdictions. City of Huntington Beach A6 KimleylMorn I nP l 7-YA44 nnnn LEGIISLATION CONSIDERATIONS, SB 828/AB 1771-Makes several changes to the Regional SB 828 has a few distinct requirements to Housing Needs Assessment(RHNA)process to use more report in Housing Elements: data to more accurately and fairly reflect job growth and . Defines a"healthy"vacancy rate as housing needs,with an emphasis on fair housing goals. no less than 5% RHNA is the process to identify the total number of housing units and income levels that each jurisdiction • Prohibits using past production of must accommodate in its housing element.The RHNA units or stable population growth to process has been in the spotlight recently due to claims justify reduced housing goals that some cities have artificially low RHNA targets due to a politically driven process.New amendments revise the • Identify no.of cost burdened households data that the council of governments(the entities that Based on the analysis of the bill,it is likely this determine RHNA targets)must provide to HCD as part of will increase the RHNA need for Huntington the RHNA process.That data must now include new Beach,especially in low-and moderate- information regarding overcrowding rates,vacancy rates income households. and cost-burdened housing(among other new data points). AB 1771 may provide a more transparent This law adds more opportunities for public comment and process for the City and ultimately the ability to HCD adjustments to the council of governments' accommodate RHNA by providing more methodology for selecting RHNA targets,as well an ability structure to the allocation process. for local governments to appeal RHNA targets. Because of considerable overlap amongst these Additionally,the law prohibits a council of governments two bills,it is likely that clean up legislation will from using prior underproduction of housing,or stable occur in the future. population numbers,as justification for a determination or reduction in a local government's share of the RHNA. AB 686-Requires a public agency to administer its This law requires the City of Huntington Beach to programs and activities relating to housing and community include an assessment of Fair Housing practices development in a manner to affirmatively further fair in the City and to"affirmatively further fair housing and not take any action that is inconsistent with housing".With no official guidance of the this obligation."Affirmatively furthering fair housing" interpretation of this law and to the extent of means,among other things,"taking meaningful actions... what an"assessment"includes, beyond what is that overcome patterns of segregation and foster inclusive identified in Gov Code Section 65583 et seq.the communities"and"address significant disparities in AFFH the City will utilize its efforts as a HUD housing needs and in access to opportunity."Additionally, grantee jurisdiction to provide much of this data. an assessment of fair housing practices must now be Kimley-Horn believes this law may require included in upcoming housing elements. additional guidance from the state to further define how the housing element would satisfy the provisions of this law in the Housing Element policy program. SB 1333-Makes charter cities(those governed by a city As a general law,Huntington Beach will not be charter document rather than by general law)subject to affected by this law. several planning laws that previously only applied to general law cities.These include laws related to general plan amendment processing,accessory dwelling unit permitting and the preparation of housing elements. Notably,the new law now requires a charter city's zoning ordinances to be consistent with its adopted general plan. City of Huntington Beach I A7 KimleyoHorn I nni ��ne s nnnn fCITY OF 6 AB 1919-Recognizes that under current prohibitions While not germane to the Housing Element,this against"price gouging,"landlords cannot raise rents by law will still apply to the City of Huntington Beach more than 10 percent within 30 days of a declared if events such as fire,flood,or any other type of disaster, but the prohibition does not apply to rental state declared disaster occur. properties that were not on the market at the time of the emergency.This new law expands the existing crime of price gouging to include new rentals that were not on the market at the time of the emergency within the types of goods and services that are price-controlled in the immediate aftermath of an emergency.The law also makes other related reforms to limit rent increases and evictions following an emergency. AB 2913-Extends the duration of a building permit from This law will affect how the city counts"in the six months(180 days)to 12 months,as long as construction pipeline"projects for RHNA purposes and may has started and has not been abandoned.The law also require procedural modifications in the City's provides that a permit is subject to the building standards current entitlement process. in effect on the date of original issuance,and if the permit does expire,the developer may obtain approval from the local building official for one or more six-month extensions. SB 330—Limits a jurisdiction's ability to change This law is intended to streamline the development standards and zoning applicable to the development process by removing potential project once a"preliminary application"is submitted. governmental constraints during through the Amends the Permit Streamlining Act to specify what development process and providing more surety constitutes a"preliminary application"and states that a for developers regarding fess and timeline. jurisdiction has one chance to identify incomplete items in an initial application,and after that may not request any new information.Prevents jurisdictions from increasing exactions or fees during a project's application period,and only allows such increases if the resolution or ordinance establishing the fee calls for automatic increases in the fee overtime.Prohibits jurisdictions from conducting more than 5 hearings if a proposed housing project complies with the applicable,objective general plan and zoning standards in effect at the time the application is deemed complete. Prohibits a jurisdiction from enacting development policies,standards or conditions that would change current zoning and general plan designations of land to"lessen the intensity of housing";from placing a moratorium or similar restrictions on housing development;and from limiting or capping the number of land use approvals or permits.Creates the Housing Accountability Act. AB 1763—Creates enhanced density bonus options, Added density bonus options for projects within including a potential 80%increase in base density and the City that consist of 100%affordable housing. unlimited density bonuses for qualifying projects within a half-mile of a major transit stop.Applies only to projects that consist of 100%affordable housing(no more than 20% City of Huntington Beach A8 Kimley)»Horn i MMI - -7^4 w nnnn LEGISLATIONOF e CONSWERATIONS moderate-income,and the rest for lower-income). AB 1485—Clarifies that the calculation to determine if a Clarifies guidance around the eligibility of project qualifies for SB 35 where it consists of two-thirds projects to qualify for SB 35 and the City's residential excludes underground space.Clarifies that the responsibilities for review of applicable projects. 3-year expiration for SB 35 approval in case of litigation expires 3 years after a final judgment upholding the approval and clarifies that the approval also remains valid as long as vertical construction has begun and is in progress.Clarifies that local governments must issue subsequent permits without unreasonable delay,as long as those subsequent permit applications substantially comply with the approved SB 35 permit.Clarifies that a project complies with SB 35's qualifying criteria as long as"there is substantial evidence that would allow a reasonable person to conclude"that the development qualifies.Clarifies that under existing law,SB 35 projects are entitled to protection under the Housing Accountability Act. AB 1483—Requires local agencies to make information New requirements for the City to develop and available on housing development fees,applicable zoning publish materials relating to the development of ordinances and standards,annual fee reports and archived housing.Much of this information is publicly nexus fee studies. Requires cities to clearly post their available but may need to be revised to meet the impact fee schedules and nexus studies. HCD will be requirements of state law. required to prepare a 10-year housing data strategy that identifies the data useful to enforce existing housing laws and inform state housing policymaking. AB 101—Effective as of July 31,2019. Requires local This bill requires the City to allow by-right governments to provide"by right,"CEQA-exempt development for qualifying developments aimed approvals to certain qualifying navigation centers that at transitioning homeless residents into move homeless Californians into permanent housing. permanent housing.Also increases the penalties Creates additional incentives for cities to comply with their for cities not in compliance with State Housing mandates to plan for enough housing under housing Element law. element law.Creates steep penalties for cities that refuse to comply with Housing Element law and ties financial incentives to cities that adopt"pro-housing" policies. AB 1560—Broadens the definition of a"major transit stop" The City has several Transit Priority Areas as to include bus rapid transit. Provides that projects located determined by SCAG on the westside near Harbor within a%mile of a qualifying bus rapid transit stop may Boulevard and in the South Coast Metro area. qualify for parking reductions,CEClA infill housing, Projects within these areas may qualify under AB aesthetic and parking exemptions,SB 375 streamlining for 1560. qualifying transit priority projects and a less than significant VMT impact presumption.Applies to local incentives. City of Huntington Beach A9 KimleyoHorn LEGISLATION • - CONSIDERATIONS SB 744—Streamlines the approval process for supportive Development streamline approvals. housing projects by clarifying that a decision to seek funding through the No Place Like Home program is not a project for the purpose of CEQA. AB 68-Allows 2 ADUs on a single lot,as well as multiple Promotes the development of ADUs and places ADUs on multifamily lots. Requires local agencies to restrictions on City's ability to discourage the approve or deny an ADU project within 60 days. Restricts development of ADUs. local agencies'ability to adopt certain ordinances that would discourage ADUs. AB 881-Restricting local jurisdictions' permitting criteria. The City must develop and apply a streamlined Clarifies that ADUs must receive streamlined approval if approval process for ADUs and eliminates the constructed in existing garages. Eliminates local previous owner-occupancy requirement. jurisdictions'ability to require owner-occupancy for 5 years. SB 13-Sunsets on January 1,2025.Creates a tiered fee May require the City to update their ADU structure which charges ADUs more fairly based on their development fees. size and location. Prohibits local jurisdictions from imposing impact fees on ADUs under 750 square feet. Prohibits conditional approval of an ADU on the applicant being an"owner-applicant." AB 587-Provides that local jurisdictions may allow ADUs to Allows ADUs to be sold separately from a primary be sold or conveyed separately from a primary residence if residence if conditions are met. certain conditions are met.Allows affordable housing organizations to sell deed restricted ADUs to eligible low- income homeowners. AB 670-Prevents homeowners'associations from barring This is not under the control of the City but ADUs.Allows reasonable restrictions. facilitates further development of ADUs. AB 671-Requires local governments to include in their The City will be required to address methods and housing plans to incentivize and promote the creation of strategies to promote development of ADUs affordable ADUs. Requires HCD to develop a list of state within the Housing Element document through grants and financial incentives for ADU development and policies and goals. post it by Dec.31,2020. AB 1255-Requires cities and counties to report to the The City will be required to track and report state an inventory of its surplus lands in urbanized areas. qualifying parcels to the State. Requires the state to include this information in a digitized inventory of state surplus land sites. We have applied the new statutory requirements stated above and have negotiated with HCD and developed workable solutions since these new laws have been adopted. We feel confident that the City of Huntington Beach will benefit for our recent work and avoid any unnecessary effort during the certification process. City of Huntington Beach I Al Kim Iey'»Horn 1 rl!"")I 77l1.I A Innn Requested Modifications to Terms and Conditions Kimley-Horn has reviewed the sample Professional Services Contract and requests the following modifications. 3. TERM; TIME OF PERFORMANCE This Agreement is made in anticipation of conditions permitting continuous and orderly progress through completion of services. Times for performance shall be extended as necessary for delays or suspensions due to circumstances that the CONSULTANT does not control. CONSULTANT shall not have liability for any delays, expenses. losses, damages or be deemed in breach which are caused by any factor outside of its reasonable control, including but not limited to natural disasters, epidemics (including COVID 19), adverse weather, or acts of the CITY, third parties. or governmental agencies. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent ciileg8d negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole GGst and expense and CITY shall approve selection of CONSULTANT's counsel for claims for which Consultant is required to indemnify hereunder. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. City of Huntington Beach i Al Kimley>>)Horn I nn, ��n I gene Client#: 25320 KIMLHORN DATE(MMtDD/YYYY) ACORD,. CERTIFICATE OF LIABILITY INSURANCE 1 8/20/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAOME: Jerry Noyola Greyling Ins. Brokerage/EPIC PHONE 770-552-4225 FAx 866-550-4082 A/C,No,Ext: AIC,No 3780 Mansell Road, Suite 370 E-MAIL err no re Iln com ADDRESS: J Y Yola @g Y g Alpharetta, GA 30022 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:National Union Fire Ins.Co. 119445 INSURED INSURER B:Aspen American Insurance Company 43460 Kimley-Horn and Associates, Inc. INSURER C:New Hampshire Ins.Co. 23841 421 Fayetteville Street, Suite 600 INSURER D:Lloyds of London 085202 Raleigh, NC 27601 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: 20-21 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE NSR WVD POLICY NUMBER MMIDD YYLICY YY MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY 5268169 04/01/2020 04/01/2021 EACH OCCURRENCE $1,000,000 DAMAGE T RENTED CLAIMS-MADE a OCCUR PREMISES Eaoccurrence $500,000 X Contractual Llab MED EXP(Any one person) s25,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 ���I PRO- POLICY X LOC POLICY I PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ ��tp�,�`,�� COMBINED SINGLE LIMIT A AUTOMOBILE LIABILITY 44'tlr#dVED AS• o FORM 04101/2020.04/01/2021 Ea accident $2,000,000 X ANY AUTO �+�vv BODILY INJURY(Per person) $ OWNED SCHEDULED X BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS Y: PROPERTY DAMAGE $ E.AUTOS ONLY AUTOS ONLY GATES MICHAEL Per accident X HIRED NON-OWNED CITY ATTORNEY $ B UMBRELLA LIAB X OCCUR CX005FT BEACH 04/01/2020 04/01/2021 EACH OCCURRENCE s5,000,000 X EXCESS LIAR CLAIMS-MADE AGGREGATE $5 000,000 DED I X RETENTION$O $ C WORKERS COMPENSATION 015893685 (AOS) 04/01/2020 04/01/2021 X PER ERR- AND EMPLOYERS'LIABILITY YIN A ANY PROPRIETOR/PARTNER/EXECUTIVE ---I 015893686 (CA) 04/01/2020 04/01/2021 E.L.EACH ACCIDENT $1,000,000 OFFICERIMEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below I E.L.DISEASE-POLICY LIMIT $1,000,000 D Professional Liab B0146LDUSA2004949 04/01/2020 04/01/2021 Per Claim $2,000,000 Aggregate$2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re: Housing Element Update; D. Barquist.The City of Huntington Beach, its officers,elected or appointed officials,employees,agents and volunteers are named as Additional Insureds with respects to General & Automobile Liability where required by written contract.Waiver of Subrogation in favor of Additional "tRAVED AS TO FD M Insured(s)where required by written contract&allowed by law. Should any of the above described policie be cancelled by the issuing insurer before the expiration date thereof, 30 days'written notice (exceptllQ' iEL E. days for nonpayment of premium)will be provided to the Certificate Holder. ;I'fY A(TORNEY CERTIFICATE HOLDER CANCELLATION City of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Y g THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Insurance Administrator ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE O 1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD 152 #S2351321/M2102751 J NOY1 POLICY NUMBER: 5268169 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) _ Location(s) Of Covered Operations ANY PERSON OR ORGANIZATION WHOM YOU iPER THE CONTRACT OR AGREEMENT. } BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY 1 CONTRACT OIL AGREEMENT YOU HAVE ENTERED INTO. i I Information required to complete this Schedule, if not shown above, will be shown in the Declarations, A. Section II - Who Is An Insured is amended to that which you are required by the contract include as an additional insured the person(s) or or agreement to provide for such additional organization(s) shown in the Schedule, but: only insured, with respect to liability for "bodily injury", B. With respect to the insurance afforded to these "property damage" or "personal and advertising additional insureds, the following additional injury" caused, in whole or in part, by: exclusions apply: 1. Your acts or omissions; or This insurance does not apply to "bodily injury" 2. The acts or omissions of those acting on or "property damage" occurring after: your behalf; 1. All work, including materials, parts or in the performance of your ongoing operations equipment furnished in connection with such for the additional insured(s) at the location(s) work, on the project (other than service, designated above. maintenance or repairs) to be performed by or on behalf of the additional insured(s) at However; the location of the covered operations has 1. The insurance afforded to such additional been completed; or insured only applies to the extent permitted 2. That portion of "your work" out of which by law; and the injury or damage arises has been put to 2, if coverage provided to the additional its intended use by any person or insured is required by a contract or organization other than another contractor or agreement, the insurance afforded to such subcontractor engaged in performing additional insured will not be broader than operations for a principal as a part of the same project, CG 20 10 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 2 fp 153 C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to insurance shown in the Declarations; Section III - Limits Of Insurance: whichever is less, If coverage provided to the additional insured is required by a contract or agreement, the most This endorsement shad not increase the we will pay on behalf of the additional insured applicable Limits of Insurance shown in the is the amount of insurance: Declarations. 1. Required by the contract or agreement; or Page 2 of 2 0 insurance Services Office, Inc., 2012 CG 20 10 04 13 ❑ 154 POLICY NUMBER: 5268169 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL, GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Ui Additional Insured Persons} ) Location And Description Of Completed Operations Or Organizations) ANY PERSON OR ORGANIZATION PER THE CONTRACT OR AGREEMENT, WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO, Information required to corttplete this Schedule, t not shown above, will be shown in the Declarations. A. Section II • Who Is An Insured is amended to which you are required by the contract or include as an additional insured the personls) or agreement to provide for such additional organization(s) shown in the Schedule, but only insured. with respect to liability for "bodily injury" or B. With respect to tite insurance afforded to these "property damage" caused, in whole or in part, additional insureds, the following is added to by "your work" at the location designated and Section III - Limits Of Insurance: described in the Schedule of this endorsement If coverage provided to the additional insured is performed for that additional insured and required by a contract or agreement, the roost included in the "products-completed operations we will pay on behalf of the additional insured hazard". is the amount of insurance; However; 1. Required by the contract or agreement; or 1. The insurance afforded to such additional 2. Available under the applicable Limits of Insu- insured only applies to the extent permitted ranee shown in the Declarations; by law; and whichever is less. 2. If coverage provided to the additional insured is required by a contract or agree This endorsement shall not increase the appfi- ment, the insurance afforded to such addi- cable Limits of Insurance shown in the Decla- tional insured will not be broader than that rations. CG 2.0 37 04 13 4 insurance Services Office, Inc., 2012 Page 7 of 1 Q 155 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk December 8, 2020 David Barquist 765 The City Drive, Suite 200 Orange, CA 92868 Dear Mr. Barquist: Enclosed is a copy of the "Professional Services Contract between the City of Huntington Beach and Kimley-Horn and Associates, Inc. for Preparation of the 2021- 2029 General Housing Element Plan Update" approved by the Huntington Beach City Council on October 19, 2020. Sincerely, Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND KIMLEY-HORN AND ASSOCIATES, INC. FOR PREPARATION OF THE 2021-2029 GENERAL PLAN HOUSING ELEMENT UPDATE THIS AGREEMENT ("Agreement") is made and entered into by and between the City of T,. Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and KIMLEY-HORN AND ASSOCIATES, INC., a North Carolina Corporation hereinafter referred to as "CONSULTANT." /' �a WHEREAS, CITY desires to engage the services of�a consultant to prepare the 2021-2029 General Plan Housing Element Update; and /° Pursuant to documentation on file in the 9 ffice of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3;0f3, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, J NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: I. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." J CONSULTANT hereby designates David Barquist who shall represent it and be its sole contact Ydagent in all consultations with CITY during the performance of this Agreement. /20-8942/2M34914agree/ CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the of this Agreement. surfnet/professional svcs mayor 1 Of 11 5/19-204082 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTAN are to commence on October 19, 2020 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no . ter than October 15, 2021. The time for performance of the tasks identified in Exhibit "A" axe generally to be shown in Exhibit "A." This schedule may be amended to benefit the PRGr ECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided'herem. This Agreement is made in anticipation of conditions permitting continuous and orderly progress ress ro through completion of services. Times for performance shall be extended as ; i i necessary for delays or suspensions due to circumstances that the CONSULTANT does not control. i r CONSULTANT shall not have liab lify for any delays, expenses, losses, damages, or are deemed in breach which are caused by any fa for outside of its reasonable control, including but not limited to natural disasters, epidemics (including COVID 19), adverse weather, or acts of the CITY, third parties, or governmental gencies. 4. COM�PiENSATION In 'onsideration of the performance of the services described herein, CITY agrees to pay CONSU ANT on a time and materials basis at the rates specified in Exhibit "B," which is attached reto and incorporated by reference into this Agreement, a fee, including all costs and expens s, not to exceed Five Hundred Eighty One Thousand and One Hundred Fifty Eight Dollars ($5 1,158). 20-8942/234914agree/surfnet/professional svcs mayor 2 of 11 5/19-204082 +f'4 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "V Yror d changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation;{for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." r 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, jr without limitation, all original drawings, designs, reports,dboth field and office notices, calculations, d computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees" fit. 8. HOLD HARMLESS r`r A. CONSULTANT hereby agrees to protect, defend, indemnify and hold ,r harmless CITY, its officers;�.Iected or appointed officials, employees, agents and volunteers from and against any and all;claims, damages, losses, expenses, judgments, demands and defense costs (including costs andffees of litigation of every nature or liability of any kind or nature) to the extent r arising out of or/in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (orJalleged negligent) performance of this Agreement or its failure to comply with any of its obligat`ions contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole or active negligence or willful misconduct CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall 20-8942/234914agree/surfnet/professional svcs mayor 3 of 11 5/19-204082 approve selection of CONSULTANT's counsel for claims for which Consultant is`required to indemnify hereunder. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. B. To the extent that CONSULTANT performs "Design'Professional Services" within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above: , r, "CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and S against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULTANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of'CONSULTANT. In no event shall the cost to defend charged r« to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous/sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The to indemnify, including the duty and the cost to defend, is limited as provided in Cali o'rnia Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. claims and liability regardless of whether an insurance policies This >�demmty shall apply to all cla y g y are pplicable. The policy limits do not act as a limitation upon the amount of indemnification to be rovided by CONSULTANT. 20-8942/234914agree/surfnet/professional svcs mayor 4 of 11 5/19-204082 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional."'liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for y, a CONSULTANT's professional liability in an amount not less than One Million Dollars r ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance y policy "deductible" of Ten Thousand Dollars ($10,000.00).�or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: f° r A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). 3Ny B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. ,o If CONSULTANT fails or refuses to produce or maintain the insurance required by F this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to e° forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 20-8942/234914agree/surfnet/professional svcs mayor S of 11 5/19-204082 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the f. foregoing insurance coverage as required by this Agreement; the certificate shall: F' A. provide the name and policy number of each carrier and<°policy; B. state that the policy is currently in force; and sr, C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (I0)," ays' prior written notice in the event of cancellation for nonpayment ofpremium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carryingAhe foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance.,,✓CONSULTANT shall pay, in a prompt and timely manner, the r' premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this i% Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licen es, if any, in connection with the PROJECT and/or the services to be performed hereunder. 0-8 942/23 49 1 4agree/surfnet/professional Svcs mayor 6 of 11 5/19-204082 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without.;cause, and E, P' whether or not the PROJECT is fully complete. Any termination of this Agreement�by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered✓to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION ,r This Agreement is a personal service contract,and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT,to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS/ r' CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in,"this Agreement in violation of the applicable provisions of the California 1, Government Code. r 16. x'`NOTICES Any notices, certificates, or other communications hereunder shall be given either by person 1 delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as 20-8942/234914agree/surfneUprofessional svcs mayor 7 of 11 5/19-204082 the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and F depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or r' other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: ' r� TO CITY: TO CONSULTANT: City of Huntington Beach David Barquist ATTN: Nicolle Aube 765 The City Drive, Suite 200 2000 Main Street Orange, CA 92868 Huntington Beach, CA 92648 Dave.Barquist ,Kimley-Horn.com P J' 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction op event shall not be deemed to be a consent/approval to any c subsequent occurrence of the same ,, any other transaction or event. F f' 18. MODIFICATION No waiver o/modification of any language in this Agreement shall be valid unless in writing and duly executed/by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases e f at the beginning of the various sections in this Agreement are merely descriptive and are included solely for/convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parti s or affect the construction or interpretation of any provision of this Agreement. 20-8942/234914agree/surfnet/professional svcs mayor 8 of 11 5/19-204082 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court ,of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant'or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which .f the parties have no right to contract, then the latter shall prevail, and the provision of this d, Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared y and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the h' f date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed �f/ an original instrument as against any party who has signed it. 22/ IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 20-8942/234914agree/surfnedprofessional svcs mayor 9 of 11 5/19-204082 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED fn CONSULTANT and CITY agree that CITY is not liable for payment of„ any subcontractor work involving legal services, and that such legal services are expressly,outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the excluswe legal counsel for CITY; and CITY shall not be liable for payment of any legal services' expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES y In the event suit is brought by either party to ccbnstrue, interpret and/or enforce the terms and/or provisions of this Agreement or to secure th�6erformance hereof, each party shall bear its own attorney's fees, such that the prevailing party/shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL y Terms and conditions of tlPis Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW �`r This Agreement/shall be governed and construed in accordance with the laws of the State of California. / 27. SIGNATORIES Each' undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or pow 'r is not, in fact, held by the signatory or is withdrawn. 20-8942/234914agree/surfnet/professional Svcs mayor 10 of 11 5/19-204082 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the'opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, �r have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement inrreliance on any representation, inducement, promise, agreement, warranty, fact or circums�tain ance not expressly set forth in this g g Agreement. This Agreement, and the attached exhibits, co the entire agreement between the parties respecting the subject matter of this Agreement,, and supersede all prior understandings and p P g J agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE f r� This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. �f IN WITNESS WHEREOF,/the parties hereto have caused this Agreement to be executed by and through their authorized officers. f 20-8942/234914agree/surfnet/professional svcs mayor I I of 11 5/19-204082 CONSULTANT, CITY OF HUNTINGTON BEACH,a KIMLEY-HORN AND ASSOCIATES,INC. municipal corporation of the State of COMPANY NAME California Mayor By: print name City Clerk ITS: (circle one)Chairman/Presiden icePresident INITIATED AND APPROVED: By: P Director of Community Development ��w ITS: (circ(e one) Financial Officer/Asst. VIEWED AND APPROVED: Secretary-Treasmw City Manager APPROVED AS TO FORM: City Attorney COUNTERPART t 20.89421134914agreel surfnoUprofcssional Svcs mayor 12 of 11 5/19-204092 CONSULTANT, CITY OF HUNTINGTON BEACH, a KIMLEY-HORN AND ASSOCIATES, INC. municipal corporation of the State of COMPANY NAME California Mayor By: print name City Clerk ITS: (circle one)Chairman/PresidentNice President f, AND INITIATED ANQ APPROVED: By: Dir r f Co774ty Development 4/print name ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary-Treasurer WED,E�N PPROVED: ,f ity M COUNTERPART APPROVED AS TO FORM: City Attorney f f �r 20-8942/234914agree/surfnet/professional svcs mayor 12 of 11 5/19-204082 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Kimley-Horn and Associates, Inc. will prepare the 2021-2029 General Plan Housing.Element Update. See attached scope of work. £ B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: J The consultant will be responsible for preparation of the 2021-2029 General Plan Housing Element. This includes several tasks such as document analysis, preparing, housing plan, community engagement, CEQA compliance, attending public hearings, and final Housing Element certification with HCD. See attached scope of work for detailed description of duties and responsibilities. C. CITY'S DUTIES AND RESPONSIBILITIES: See attached scope of work. �a. ,r D. WORK PROGRAM/PROJECT SCHEDULE: See attached scope of work. s Y f 1 1 i° EXHIBIT A 103 RECEIVED OCT 161010 PROFESSIONAL SERVICES CONTRACT BETWEEN Dept.of Community Development THE CITY OF HUNTINGTON BEACH AND KIMLEY-HORN AND ASSOCIATES,INC. FOR PREPARATION OF THE 2021-2029 GENERAL PLAN HOUSING EMENT UPDATE THIS AGREEMENT ("Agreement") is made and entere�nto by and between the City of Huntington Beach, a municipal corporation of the State of,California, hereinafter referred to as "CITY," and KIMLEY-HORN AND ASSOCIATES, INC., a North Carolina Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the'services of a consultant to prepare the 2021-2029 General Plan Housing Element Update; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code,,Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE>OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto,nand incorporated into this Agreement by this reference. These services shall sometimes he`einafter be referred to as the "PROJECT." /,`` CONSULTANT hereby designates David Barquist who shall represent it and be its sole co tact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 20-89421234914agreelsurfneUprofessionalsvcs mayor 1 of I I 5119-204082 3. TERM;TIME OF PERFORMANCE Time is of the essence of this Agreement, The services of CONSULTANT are to commence on October 19, 2020 (the "Commencement Date"), This Agreement shall automa ' ally terminate three (3) years from the Commencement Date, unless extended or sooner germinated as provided herein. All tasks specified in Exhibit "A" shall be completed no late an October 15, 2021. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in n Exhibit "A." This schedule may be amended to benefit the PROJECT-'if mutually agreed to in t., writing by CITY and CONSULTANT. ''' In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein,. This Agreement is made in anticipation'of conditions permitting continuous and orderly progress through completion of services. ;Times for performance shall be extended as necessary for delays or suspensions due to circumstances that the CONSULTANT does not control, CONSULTANT shall not have liability for any delays, expenses, losses, damages, or are deemed in breach which are caused by any factor outside of its reasonable control, including but not limited to natural disasters, epidemics (includig COVID 19), adverse weather, or acts of the CITY, third parties, or governmental agencies/ l 4. COMPENSATJON In consideration of the performance of the services described herein, CITY agrees to F pay CONSULTANT/6"n a time and materials basis at the rates specified in Exhibit "S," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not/to exceed Five Hundred Eighty One Thousand and One Hundred Fifty Eight Dollars ($581,15,8). Ile 3� I 20 8942/234914agred surfnet/professional secs mayor 2 of I I 5/I9-204082 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. ;`` 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of�Exhibit "B." 7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs,reports;°both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turrVthese materials over to CITY upon expiration or r. termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it seesfit. 8. HOLD HARMLESS f�. A. CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers,fdlected or appointed officials, employees, agents and volunteers from f and against any and all claims, damages, losses, expenses,judgments, demands and defense costs r (including costs and fees of litigation of every nature or liability of any kind or nature) to the extent arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) dJA negligent (or,alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees exceptisuch loss or damage which was caused by the sole or active negligence or willful misconduct of,CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall 20-8942/234914agree/surfnet/professional svcs mayor 3 of 11 5/19-204082 approve selection of CONSULTANT's counsel for claims for which Consultant is required to indemnify hereunder. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of F,- indemnif cation to be provided by CONSULTANT. B. To the extent that CONSULTANT performs "Design Professional Services within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above: ; "CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any land or nature) to f the extent that the claims against CONSULTANT arise�out of,pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONS ULTANV proportionate percentage of fault. However, notwithstanding the previous sentence, in'the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to,indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. f" C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by l CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicab'le. The policy limits do not act as a limitation upon the amount of indemnification to be /92040829' y CONSULTANT. 4agree/surfiiet/professional sves mayor 4 of 11 9. PROFESSIONAL LIABILITY INSURANCE hall obtain and furnish to CITY a professional liability insura-ee CONSULTANTS p Y policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned,�insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less i.s`'permitted. A claims-made sj policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincide, swith or precedes the initiation of the .f scope of work (including subsequent policies purchased as renewals or r` replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. Yp CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT°'agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails;or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid Ads for its time'and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to /01-989402/234914agree/ al of insurance by the CITY. surf ieUprofessional sves mayor 5 of 11 82 J 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing.,the foregoing insurance coverage as required by this Agreement;the certificate shall: r A. provide the name and policy number of each carrier and policy;, B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended,' voided or canceled by Ile either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. "I CONSULTANT shall maintain the for going insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this representative A reement. CITY or its /shall at all times have the right to demand the original or a g copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the s premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR f CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an�iridependent contractor herein and not as an employee of CITY. CONSULTANT shall secure at/its own cost and expense, and be responsible for any and all payment of all taxes, f� social security, state disability insurance compensation, unemployment compensation and other payroll/deductions for CONSULTANT and its officers, agents and employees and all business lice ses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 20-8942/234914agree/surfneVprofessional sves mayor 6 of 11 5/19-204082 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT'S services hereunder at any time with or without cause;"and whether or not the PROJECT is fully complete. Any termination of this Agreement by EiTY shall be made in writing,notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, repor�t,tnd evidence shall, at T, the option of CITY, become its property and shall be promptly delivered°to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION r n This Agreement is a personal service contract/and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT, -,"to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsult is must satisfy the insurance requirements as set Ir k� forth in Sections 9 and 10 hereinabove. " _ 14. COPYRIGHTS/PATENTS CITY shall own a11-°rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSYLTANT shall employ no CITY official nor any regular CITY employee in the work performedf pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 6. NOTICES Any notices, certificates, or other communications hereunder shall be given either by ersonal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as 20-8942/234914agree/surfneh/professional svcs mayor 7 of 11 5/19-204082 the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service,to the addresses specified below. CITY ands' CONSULTANT may designate different addresses to which subsequent notices, certificates or ode other communications will be sent by notifying the other party via personal delivery,d reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONSULTANT: City of Huntington Beach David Barquist ATTN: Nicolle Aube 765 The City Drive, Suite 200 2000 Main Street Orange, CA 92868 Huntington Beach,CA 92648 Dave.Barqu st ZWimley-Horn.com 17. CONSENT When CITY's consent/approval/ris required under this Agreement, its consent/approval for one transaction or event, shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any''other transaction or event. 18. MODIFICATION P s No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. r r 19. SECTION HEADINGS The'titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for'convenience of reference only and are not representative of matters included or excluded fro , such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20-8942/234914agree/surfner/professionalsves mayor 8 of 11 5/19-204082 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to b . unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreemt�the masculine or neuter gender and singular or plural number shall be deemed to includeF'the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is/any conflict between any provision contained herein and any present or future statute, law,o r'dinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law., " 21. DUPLICATE ORIGINAL The original of thisAgreement and one or more copies hereto have been prepared and signed in counterparts as*duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument"as against any party who has signed it. 3' �P. 22. IMMIGRATION f /CONSULTANT shall be responsible for full compliance with the immigration and United States and shall in articular, comply with the provisions of the naturalization laws of the U p P Y Unit States Code regarding employment verification. 20-8942/234914agree/surfnet/professional sm mayor 9 of 11 5/19-204082 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands thatc`pursuant to p p r Huntington Beach City Charter Section 309, the City Attorney is the exclusiyerlegal counsel for f CITY; and CITY shall not be liable for payment of any legal services/1 expenses incurred by CONSULTANT. / 24. ATTORNEY'S FEES �# In the event suit is brought by either party to, onstrue, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof,each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's t fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of/this Agreement, which by their sense and context survive the expiration or termination of thistAgreement, shall so survive. 26. GOVERNING LAW „/ This Agreement shall be governed and construed in accordance with the laws of the State of California. ' 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the J power, authority and right to bind their respective parties to each of the terms of this Agreement, and shO indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 20-8942/234914agree/surfnedprofessional Svcs mayor 10 of I 1 5/19-204082 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agr ei�eely and voluntarily following extensive arm's length negotiation, and that each has had`the opportunity to consult with legal counsel prior to executing this Agreement. The parties,A so acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behal f;� hich are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the 4 S�. parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized�officers. ,r i 20-8942/234914agree/surfnet/professional sves mayor 1 of 11 5/19-204082 CONSULTANT, CITY OF HUNTINGTON BEACH, a KIMLEY-HORN AND ASSOCIATES,INC. municipal corporation of the State of COMPANY NAMP California Mayor By: ' �3n�A•✓ Gads +'�`�4' 630?.>/ print name City Clerk / 2 ITS: (circle one)Chairman/Presiden ice President INITIATED AND APPROVED: B Director of Community Development print ITS: (circ(e one) iefFinancial Officer/Asst. Secretary-Treasurer REVIEWED AND APPROVED: City Manager APPROVED AS TO FORM: City Attorney 20-8942/234914agree/surfnet/professional svcs mayor 12 of 11 5/19-204082 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) r Kimley-Horn and Associates,Inc.will prepare the 2021-2029 General Plan Housing Element Update. See attached scope of work. A B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: < The consultant will be responsible for preparation of the 2021-2029 General Pl Housing Element. t This includes several tasks such as document analysis,preparing a housing'plan, community AY, engagement, CEQA compliance, attending public hearings, and final4lousing Element certification with HCD. See attached scope of work for detailed description,,af duties and responsibilities. C. CITY'S DUTIES AND RESPONSIBILITIES: .fi n See attached scope of work. D. WORK PROGRAMIPROJECT SCHEDULE: See attached scope of work. EXHIBIT A EXHIBIT "B" Payment Schedule(Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly i to and cost, schedule: ' Kimley-Horn Principal $275/hours, Senior Planner $168/hour Associate Planner $130/hour Assistant Planner/ $110/hour Graphics Admin.Support $110/hour B. Travel Charges for time during travel are not reimbursable- C. Billing r 1. All billing shall be done monthl in fifteen''(15) minute increments and matched to an appropriate breakdown of the time that/was taken to perform that work and who performed it. r 2. Each month's bill should include w otal to date. That total should provide, at a glance, the total fees and costs incurred�to date for the project. 3. A copy of memoranda, lett s,�reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Ref6rence this Agreement; B) Describe the services performed; C) AShow the total amount of the payment due; D) y�' Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this XE) Agreement; and For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of 1 Exhibit B e performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has ben brought into compliance, or until this Agreement has expired or is terminate as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. f' a ,F f 2 Exhibit B EXHIBIT "B" r� Payment Schedule(Fixed Fee Payment) ` r 1, CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comme ts"on any such product, CITY shall identify specific requirements for satisfactory completion, 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; f' B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and ° E) For all payments include an Estimate of the percentage of work completed. Upon submission of any such invoicef if CITY is satisfied that CONSULTANT is making tasks in accordance with this Agreement, CITY shall satisfactory progress toward completion of� approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A""may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein, 4. Any billings for,.extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. r Exhibit B PROFESSIONAL SERVICES CONTRACT BETWEEN I THE CITY OF HUNTINGTON BEACH AND KIMLEY-HORN AND ASSOCIATES, INC. FOR PREPARATION OF THE 2021-2029 GENERAL PLAN HOUSING ELEMENT UPDATE Table of Contents 1 Scope of Services...............................................................................,:: ...................1 2 City Staff Assistance.................................................................................................2 3 Term;Time of Performance..........................................I.......... . .....................2 4 Compensation.......................................................................r ...............................2 5 Extra Work........................................................................ ..................................2 6 Method of Payment....................................................... .. 4.....................................3 7 Disposition of Plans, Estimates and Other Documents,;'.........................................3 8 Hold Harmless � 9 Professional Liability Insurance.............................................................................4 10 Certificate of Insurance................................... :...................................................5 11 Independent Contractor................................ .. .......................................................6 12 Termination of Agreement.......................... ...................................I.........................6 13 Assignment and Delegation.................... . ..............................................................6 14 Copyrights/Patents......................................................................................................7 15 City Employees and Officials...........,„r'.............. 7 ......................................... 16 Notices............ ............................... 17 Consent.................................... . ..........................................................................8 18 Modification........................... .............................................................................8 19 Section Headings ................ ................8 20 Interpretation of this Agreement..............................................................................8 21 Duplicate Original............ .......................................................................................9 F 22 Immigration....................':.........................................................................................9 23 Legal Services Subcontiacting Prohibited................................................................9 24 Attorneys Fees...... f...............................................................................................10 25 Survival.............. .°..................................................................................................10 26 Governing Law.`:.....................................................................................................10 27 Signatories......... .......................................................................................................10 ' ..............10 28 Entirety......... '...................... ......... .............................................................. 29 Effective Dale.................................................................................11 i` f � e m ro 2021-2029 b°gyp . 7x �a MV t 4 P w „ 'may z i u t Ear - s a yP't �ti TABLE OF CONTENTS A. Vendor Application Form and Cover Letter.....................................................................................2 B. Background and Project Summary Section.....................................................................................5 C. Methodology Section ......................................................................................................................8 D. Staffing.......................................................................................................................................... 15 E. Qualifications ................................................................................................................................ 18 F. Fee Proposal.................................................................................................................................20 Appendix: Forms and Required Information...................................................................................... A-1 City of Huntington Beach Kim[ey>>)Hor1R i MMI �7n4.4 nnnn A. VENDOR APPLICATION FORM AND COVER LETTER 765 The City June 12, 2020 Drive Ms. Jennifer Andersen Suite 200 City Buyer Orange, CA 92868 City of Huntington Beach TEL 714 939 2000 Main Street - --- Huntington Beach, CA 92648 RE: 2021-2019 Housing Element Update Dear Ms. Andersen and Members of the Selection Committee: Kimley-Horn provides the City of Huntington Beach with a team of Housing Element specialists that not only have a proven record of preparing successful Housing Element Updates but work with local communities as trusted advisors in all aspects of Housing Element statutory requirements and policy development. We understand how to effectively tailor and implement State Housing Element Laws to meet local community needs and use our familiarity with California State Department of Housing and Community Development (HCD) procedures to assist the City in achieving a certified Housing Element. Kimley-Horn has worked with cities and counties throughout California and our team has collaborated extensively with HCD staff since the early 1990s. Housing Element compliance has become an increasingly daunting task, and the upcoming 6th Cycle will be no exception. Therefore, the City will need a team that has recent, practical experience in Housing Element Updates and understands how to work with HCD, stakeholders, and decision-makers. The Kimley-Horn team offers the following strengths for your consideration: Specialists in the Housing Element Certification Process — The Kimley-Horn team has significant staff expertise and knowledge of the requirements for achieving certification by HCD. Our team has years of experience in multiple Housing Element Update cycles and can translate our recent 6th Cycle experience working with HCD in several Southern California jurisdictions to the benefit of the City. Kimley-Horn has had tremendous success when collaborating proactively with HCD to achieve statutory compliance. Understand and have Practical Experience with New Housing Laws — The California legislature has enacted numerous new housing laws in just the past few years. Many of these laws directly affect the analysis and content of the Housing Element. Kimley-Horn is one of the first consulting firms to work under the requirements of these new statutes, even before HCD has provided local guidance for interpreting these new laws. This means that the City will have a team that possesses an "insider knowledge" of new statutory requirements, and how HCD interprets them during Housing Element compliance review. Based on this experience, Kimley-Horn can inform Huntington Beach of HCD's interpretation of these laws and the acceptable methods/analysis/actions the City must employ. Approach Tailored to Your Success — Kimley-Horn will work closely with Huntington Beach to provide a scope of services required to support policies and programs that are consistent with the City of Huntington Beach 1 2 K11 kexy �o)Horq community's vision. We have committed a team of qualified and experienced specialists who are identified in this proposal and will help the City develop its housing policy goals. Kimley-Horn's greatest strength is in our desire to create strong interpersonal relationships with our clients and the stakeholders they serve, resulting in a mutually enjoyable and rewarding work effort. Kimley-Horn will provide local coordination from our Orange office where our planning staff is supported by in-house technical resources. Comprehensive and Experienced Team — Our project manager, Dave Barquist, AICP, has a strong record of successful housing program management and State certification of Housing Elements. Our team will work directly with the City to guide the day-to-day tasks of all projects towards successful completion. Our team is supported by a core group of experienced professionals to work with the City. Rita Garcia will serve as project manager for the Environmental Documents. Rita has 30 years of CEQA and planning experience, including recent evaluations of Housing Element Updates. Quality Documents — Kimley-Horn's commitment to quality can be attested through the many professional awards received for our projects, and the satisfaction of our clients and the communities they serve. Our documentation is thorough, and the presentation of information is clear, concise, understandable, and defensible. We understand the nuances of creating policy documents that meet State-mandated requirements, while supporting and advancing the local goals and policies of the community. Commitment to the City of Huntington Beach —We know that a strong commitment to client satisfaction and a quality product must be the foundation of our service to you. Our local Orange office is a short drive from the City's offices and our nearest office to you, thereby allowing Huntington Beach to enjoy greater access to our team. Kimley-Horn commits to be responsive and available to you when you need us. Our team will provide proactive communication and function as an extension of your staff to the City, so together we can complete this project successfully. We have reviewed and understand all elements of the City's Request for Proposals (RFP) and are committed to performing the services as outlined in the scope of work provided. Our scope of services assumes completion of this work effort by the October 15, 2021 deadline. Kimley-Horn appreciates the opportunity to submit this proposal to the City and welcomes the opportunity to work as your trusted advisor and Housing Element team. Please do not hesitate to contact Dave at 714.705.1317, dave.barquist@kimley-horn.com, or the address on the previous page (our nearest local office to the City) if you have any questions or require additional information. Our proposal price will be valid for a period of at least 180 days. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Paia tarquist, AICP Jason Melchor, P.E. Project Manager Associate/Authorized Signer City of Huntington Beach 1 3 Kimly>Morn II Ml 7 n 7n44 nnn 1ill REQUEST FOR PROPOSAL VENDOR APPLICATION FORM TYPE OF APPLICANT: ❑ NEW N CURRENT VENDOR Legal Contractual Name of Corporation: Kimley-Horn and Associates.Inc. Contact Person for Agreement: Jason Melchor Corporate Mailing Address: 765 The City Drive, Suite 200 City, State and.Zip Code: Orange,CA 92868 E-Mail Address: jason.melchornkimley-hom.com Phone: 714-939-1030 Fax: 714-621-0368 Contact Person for Proposals: Dave Barquist Title: Associate E-Mail Address:dave.barquiestLkimley-horn.com Business Telephone: 714-939-1030 Business Fax: 714-621-0368 Is your business: (check one) ❑ NON PROFIT CORPORATION [yj FOR PROFIT CORPORATION Is your business: (check one) © CORPORATION ❑ LIMITED LIABILITY PARTNERSHIP ❑ INDIVIDUAL ❑ SOLE PROPRIETORSHIP ❑ PARTNERSHIP ❑ UNINCORPORATED ASSOCIATION 1 of 2 City of Huntington Beach 4 K i mIety/yN/� off' I nni ��n4 A nnnn 1 1 Names&Titles of Corporate Board Members (Also list Names&Titles of persons with written authorization/resolution to sign contracts) Names Title Phone Steven E. Lefton Ceo,President,Director 703-674-1300 John C.Atz Chairman,Sr.Vice President 561-845-0665 David L.McEntee Vice President,Treasurer,Assistant Secretary 919-677-2000 Tammy L.Flanagan CFO,Sr.Vice President, Secretary 919-677-2000 Richard N.Cook Sr.Vice President, Secret ary 919-677-2000 Federal Tax Identification Number: 56-0885615 City of Huntington Beach Business License Number: A274292 (If none,you must obtain a Huntington Beach Business License upon award of contract.) City of Huntington Beach Business License Expiration Date: 12/31/2020 2 of 2 City of Huntington Beach 5 Kimle',yo)H r 1 nnr �-n4 4 nnnn 7 1'h3 B. BACKGROUND AND PROJECT SUMMARY SECTION The City of Huntington Beach is requesting the services of a highly experienced Housing Element consultant to assist the City in completing the State-Mandated Housing Element Update. The 6th Cycle Housing Element must be updated to comply with the current RHNA process and new statutory requirements. Kimley-Horn will provide Huntington Beach with seasoned technical specialists to achieve certification by HCD and approval by the City Council within the timeframe established by state law. Our scope of services provides the necessary tasks to achieve statutory compliance, while providing the City with a locally based policy document that reflects the visions and values of Orange County. Unique from prior Housing Element planning cycles, new state legislation has significantly heightened the consequences of not having a certified Housing Element and empowers the state to implement a variety of remedies, such as the provisions of AB 72, to monitor progress and potentially de-certify Housing Elements if they fail to comply with adopted policies/programs in a timely manner. Our scope of services and project schedule reflects adherence with state mandated deadlines and provides an adequate level of schedule buffer to proactively address potential issues with HCD. Additionally, due to the limited funding and financing resources currently available to the City for housing-related activities, a certified Housing Element may help to meet eligibility requirements for future state housing funds, grants and other financial assistance. Our strategic approach considers policies and programs that can maximize Hunting Beach's potential for acquiring grants and other alternative for funding and financing sources. To develop effective planning policy in the City of Huntington Beach, it is important to fully understand the key planning issues in the community. While the Housing Element is a state-mandated policy document, the Housing Element's policy program is a statement of the City's vision and community values. During the community engagement process, many of the City's planning issues will be identified and policy solutions explored. Understanding of Local Context Kimley-Horn understands that the City's 6th Cycle Housing Element Update will substantially differ from the 5th Cycle Update due to new statutory requirements and a significantly increased RHNA allocation of 13,337 units compared to the 5th Cycle allocation of 1,353 units. The City of Huntington Beach is generally considered a "built-out" community, with limited vacant land available to accommodate future growth need. This will require the identification of infill opportunities in residential and non-residential areas. Existing land use policy, including Specific Plan areas may facilitate infill and mixed-use development in targeted areas. However, many of these sites may no longer meet the statutory requirements to identify them as appropriate for lower income households. As a result, the City may be required to employ creative solutions to facilitate the development of lower income housing to demonstrate the ability to accommodate their State-allocated RHNA need by income category. As part of the 6th Cycle update, the City will be required to comply with new State law to Affirmatively Further Fair Housing (AFFH), which addresses the equitable dispersion of affordable units throughout the City and the preservation of existing "at-risk" affordable housing stock. Kimley-Horn has recent experience working with HCD, local jurisdictions, and communities to interpret and fairly apply recent AFFH guidance during the 6th Cycle planning period. Our recent experience working on Housing Elements for SANDAG and SCAG jurisdictions will benefit Huntington Beach as we understand how to address and analyze these new requirements. City of Huntington Beach 6 K mley))Mor I nnv ��n4 4 nnnn 1 1"i� Approach to Successful Completion and Certification Kimley-Horn will effectively manage the update process as an extension of staff in all aspects of the Housing Element outlined in the following scope of services including: • Preparing a Housing Element Needs Assessment • Facilitating community outreach and collaborating with City staff to identify key stakeholders • Preparing all Housing Element components required by state law • Serve as the City's representative and liaison with HCD • Prepare a Public Review Draft Housing Element • Prepare a Final Draft Housing Element based on public and agency comments • Presenting the Final Draft Housing Element at two public hearings before the Planning Commission and City Council • Facilitating HCD collaboration throughout the certification process • Final Adoption by the Huntington Beach City Council Compliance with State Housing Law The City's Housing Element must comply with State Housing Element Law to achieve certification by HCD. Kimley-Horn provides Huntington Beach with a unique understanding of Housing Element Law, and most importantly, how HCD interprets the law. This will assist City Staff and elected officials in understanding the implications of non-certification. Kimley-Horn will evaluate existing available land resources to accommodate this projected need in compliance with the statutory requirements of AB 2348 and AB 1397. The new requirements applicable to sites analysis is a significant issue that should not be understated. Kimley-Horn's recent application of these statutory requirements has facilitated the development of an effective approach to identifying, evaluating and selecting appropriate sites. We utilize unique tools and software, such as UrbanFootprint to identify and evaluate candidate sites to accommodate the City's future RHNA growth need. Community Engagement Kimley-Horn recommends a targeted outreach effort to assist the public, stakeholders, and elected/appointed officials in understanding the update process, its implications, and the various methods of achieving compliance with State Law. Community engagement in the Housing Element planning process is an important component to an effective and easily implemented policy program. Kimley-Horn's extensive community outreach experience enables our team to develop effective outreach strategies that achieve community-based support to accurately identify current issues, and craft policy that is responsive to The City's housing needs. Our team is well-versed in conducting outreach in the current COVID-19 environment. We understand the limitations on social gathering and how that can have a demonstrated effect on the level of participation in the planning process. Kimley-Horn has employed several strategies to enhance community engagement, including use of surveys, online meetings, webinars, and live event feeds to encourage participation. Because these restrictions are based on the community and County guidance, we will work with the City of Huntington Beach to find local solutions to outreach to benefit the overall process. City of Huntington Beach 7 Kimley>>>Hor I nnl ��n4 4 nnnn 1 Proactive Engagement with HCD Kimley-Horn believes it is prudent and sound professional practice to involve HCD staff from the initial stages of the update process. Kimley-Horn has enjoyed a long-term and positive professional relationship with HCD staff. It is intended that HCD will be consulted from the very beginning of the Housing Element Update process. This may involve possible visits with HCD staff, informal discussion on policy and programs, and identification of potential issues within the existing Housing Element. Kimley-Horn will continue interaction with HCD throughout the Housing Element Update process in order to resolve any issues and make certification a seamless process. Based on the City's recent experience in the decertification process and the political sensitivities of this process, it is advisable the City take a proactive posture with HCD to ensure communication is open and effective to assist the City in achieving local goals and complying with statutory requirements. New Legislative Considerations The State of California's recent passing of numerous Housing Bills is indicative of a significant trend towards increasing the expectations on local governments to make their contributions to meeting state housing needs. In our recent experience, Kimley-Horn can testify to the validity of the State's newer, more aggressive approach to Housing Element compliance. A variety of new laws have been adopted that will influence the City's policy and program considerations. The charts included in the Appendix (2018 and 2019 Legislation and City Considerations) provide a summary of recently enacted laws and the methods/strategies and responses the City can take to address them. We have directly applied these recently enacted laws, negotiated with HCD, and developed workable policy and program solutions for our local government clients. The City of Huntington Beach will greatly benefit from our recent work as it will enable more efficient review and negotiation with HCD during the certification process. APPROACH AND METHODOLOGY Kimley-Horn has reviewed the City's RFP and understands the statutory deadline for certification of Housing Elements in the SCAG region is October 15, 2021. Kimley-Horn understands that the City would like to achieve HCD certification prior to the statutory deadline. Kimley-Horn understands that much of the analysis for the Housing Element will rely on data from a variety of sources including American Community Survey, DOF, HUD, SCAG and other federal state and local sources. Getting the most accurate picture of existing and future needs will require the utilization of the most currently available data. We further understand that SCAG has not made a final determination of the City's RHNA obligation. We will work closely with the City to monitor the release of these RHNA growth need allocations expected in early Fall of 2020. Approach to Successful Update Process Kimley-Horn will function as an extension of Huntington Beach staff throughout the planning process to reduce the need for unnecessary staff time and commitments to complete the Housing Element update. The Kimley-Horn team will provide the primary leadership for conducting all aspects of the work effort. As the City's Housing Element consultant, we recognize that it is our responsibility to conduct the necessary analysis, assist in educating the community, local stakeholders, and elected officials, and use our expertise and experience to assist the City in a successful update process. City of Huntington Beach 1 8 Kim1Cy)))H �r I I"f l �IndA nnnn 1 'iG The following scope of services is consistent with the City's requests for services outlined in the RFP and represents an approach to the V Cycle Housing Element Update that our team has found to be effective in achieving certification. The 6t" Cycle requires analysis, public review periods, and community outreach efforts above and beyond what has been typically included in previous Housing Element Cycles. This scope of services has been tailored to meet the requirements of the update process as outlined by HCD while promoting collaboration with community members, elected officials, and other local stakeholders. We have also included a Project Schedule at the end of Section C. C. METHODOLOGY SECTION Task 1: Scope of Services and Process Task 1.1: Project Kick-off Kimley-Horn will participate in a Kick-Off Meeting with City staff to discuss the update process, answer questions, provide data, and exchange other important procedural aspects of the Housing Element Update. The meeting will address the following: • Technical Assistance in RHNA process, • Define Outreach Methodologies as applicable . Data Sharing/Exchanging • Review/Modify Scope of Work and . Meetings and Public Engagement Schedule Task 1.1 Deliverables: • Kick-off Meeting Agenda • Kick-off Meeting Minutes Task 1.2: Project Schedule Kimley-Horn will develop and maintain a project deliverables schedule outlining major milestones, meetings, work products, community outreach events, subcommittee meetings, and public hearings. The Project Team will provide regular tracking and updating of the project schedule so that Huntington Beach stays on schedule throughout the Housing Element Update process. The project deliverables schedule will include all tasks within the Scope of Work and accommodate anticipated City and agency review times. Kimley Horn has reviewed the City's draft schedule included in the RFP. We have noted a number timing issue that may come into conflict with statutory requirements. The schedule contained in this proposal addresses the concerns. We further welcome additional discussion during the initial phases of the update process. Task 1.2 Deliverables: • Project Schedule (Updated as needed) City of Huntington Beach 9 Kim1e >))Horq I nni -� n4 4 nnnn 7 1 Task 2: Project Team Coordination Task 2.1: Project Management and Coordination Meetings Kimley-Horn will meet regularly with the project team to coordinate project deliverables, data, and public meetings. The scope and fee provided assume monthly phone meetings will occur throughout the duration of the project and face-to-face meetings when circumstances warrant. It is assumed that five meetings with staff will occur during the update process for project management, project updates and strategy planning. Additional phone conferences and coordination is anticipated to occur throughout the process. Task 3: Housing Element Components Task 3.1: Document Review Following the Kick-Off Meeting, Kimley-Horn will provide City of Huntington Beach staff with a listing of pertinent data that is necessary to complete the work program. Kimley-Horn will only request data that is proprietary to the City and not available publicly. Kimley-Horn will review all applicable City, regional, and State documents pertaining to the Housing Element update. This may include various policy and regulatory documents and other assistance programs. Kimley-Horn will be responsible for identifying and resolving any information gaps. Kimley-Horn anticipates a "turnkey approach" for data collection to the greatest extent feasible and will only request information that is proprietary to the City to minimize the work effort by City Staff. Task 3.1 Deliverable • Document Library List Task 3.2: Evaluate the Current Housing Element As required by State law, Kimley-Horn will review and evaluate the 5T" Cycle 2014-2021 Housing Element (as recently recertified in 2020) and its programs. In general, the task will include a review of the appropriateness of the housing goals, objectives, and polices in contributing to the attainment of the stated housing goal; the effectiveness of the Housing Element in attaining community housing goals and objectives; and the City's progress in implementing the Housing Element. The report will include the following information: • Evaluate the status, effectiveness, and appropriateness of the current housing policy programs and identify any barriers to implementation • Compare identified goals from the adopted Housing Element to actual accomplishments during the plan period • Evaluate the existing Housing Element in relation to current State housing laws and identify any omissions or deficiencies Task 3.2 Deliverable • Review of Past Performance Matrix Task 3.3: Housing Needs, Constraints, Resources, Population, and Housing Profile As required by State law, Kimley-Horn will assess housing needs, constraints, and resources available. A population and housing profile will be conducted that summarizes, population and household characteristics, analysis of special needs populations, and units at risk of converting to market rate units. Housing constraints will identify non-governmental, governmental, and City of Huntington Beach 10 Kim1ey))>Horq 1 nnl 77n4 A nnnn 1 1 environmental constraints that may influence housing. Housing resources such as availability of vacant land, zoning to accommodate RHNA growth needs, and capacities of available sites will be analyzed. Funding and financing resources available to address existing and future housing market conditions and needs will be identified. Opportunities for energy conservation will also be explored. Based on new housing law, the adequate sites analysis will be much more in-depth and detailed compared to prior planning periods. It is Kimley-Horn's experience that the new law will necessitate a more detailed study of adequate sites to satisfy HCD standards. Task 3.3 Deliverables • Housing Profile Report • GIS Based Inventory of Sites • Adequate Sites Analysis • Data Tables, Maps, and Relevant Text Task 3.4: Summary Matrix of Applicable Housing Legislation Kimley-Horn will develop a summary matrix of applicable housing legislation that may affect the City's Housing Element. The matrix will identify the applicable statutory references to the government code, the statutory provisions and the implications it may have for Huntington Beach. A General summary of this type of information is provided in the Appendices to this proposal. The Matrix will be provided in digital format, so that users can download/view the excerpts from state law, HCD guidance memorandums and other applicable provisions. Kimley-Horn believes this will be useful tool in providing a knowledge base for staff, decision-makers and the public to benefit the overall planning process. Task 3.4 Deliverable • Housing Legislation Matrix (Digital and Print Formats) Task 3.5 Develop Housing Plan Kimley-Horn will develop a Housing Plan that constitutes the policy component of the Housing Element. The Housing Plan may include prior policies from the 2021-2029 Housing Element that are still appropriate and will be supplemented by new policies and programs that address new statutory requirements. The Housing Plan will identify policies and programs to address Conservation and Improvement, Availability and Production, Affordability, Removal of Constraints, and Equal Housing Opportunity. Policies and programs will be supplemented with Quantified Objectives by income category. Task 3.5 Deliverables • Housing Policy Plan List of Quantified Objectives Task 4: Community Engagement Task 4.1 Community Outreach Plan Kimley-Horn will employ an approach to public participation that provides for meaningful input and involvement. Kimley-Horn will conduct a minimum of two community engagement workshops to solicit public comments on the Housing Element Update prior to initiating work on Housing Element components. Based upon coordination with City Staff, the Kimley-Horn team will formulate a Community Outreach Program that addresses the outreach strategies, dates, locations, participants and other relevant City of Huntington Beach 11 Kimley)Morq 1 nni ��n4 4 nnnn 1 data. This Outreach Program will guide the outreach process for the Housing Element and will be updated as needed. Utilizing a variety of "tools" such as PowerPoint presentations, informational handouts, visual aids, and Social Media, Kimley-Horn will prepare and deliver materials to help workshop participants understand the update process, issues to resolve (as identified during the current Housing Element Evaluation), and potential solutions. It is assumed that City staff will be responsible for the scheduling of venues, staff coordination, and provide public noticing, facilities, set-up for all community engagement activities. In consideration of the current COVID-19 environment, our team understand the limitations on social gathering and how that can have a demonstrated effect on the level of participation in the planning process. Kimley-Horn can utilize a variety of strategies to enhance community engagement, including use of surveys, online meetings, webinars, and live event feeds to encourage participation. Those options and opportunities can be further explored during the kickoff meeting. Huntington Beach City Staff will be responsible for coordination and participation associated with venue and event scheduling and public dissemination of information via the City's website and other methods in collaboration with the City's public information officer. Task 4.1 Deliverable • Draft Community Outreach Plan in electronic format Task 4.2 Community Workshop #1 — Introduction and Policy Considerations Kimley-Horn will facilitate an initial community workshop with the public and stakeholders to discuss the Housing Element update process. Kimley-Horn will prepare and deliver a PowerPoint presentation, informational handouts, visual aids, and other materials. In collaboration with City staff, Kimley-Horn will identify key stakeholders. The meeting will introduce participants to the RHNA process, Housing Element requirements, legislative requirements and engage in the identification of policy considerations. Participants will identify challenges, issues, and opportunities facing housing in Huntington Beach that will inform policy within the Housing Element. Task 4.2 Deliverables • Electronic copies (in PDF format) of draft presentation, handouts, etc. • Preparation of facilitation of Workshop • Summary Workshop notes Task 4.3 Community Workshop #2 Kimley-Horn will facilitate a second community workshop with the public and stakeholders to discuss the Public Review Draft Housing Element. Workshop #2 will build upon the information learned from Workshop #1 and provide draft analysis, policies, and programs for review and discussion. Kimley-Horn will prepare and deliver a PowerPoint presentation, informational handouts, visual aids, and other materials. In collaboration with City staff, Kimley-Horn will identify key stakeholders. Task 4.3 Deliverables • Electronic copies (in PDF format) of draft presentation, handouts, etc. • Preparation of facilitation of Workshop • Summary Workshop notes City of Huntington Beach 12 Kimley)Morn I nni ��n4 4 nnnn 7 1�6 Task 4.4 Community Outreach Survey Tool (OPTIONAL) Kimley-Horn understands that a flexible community outreach strategy is critical to gathering diverse and meaningful input form the community. The COVID-19 pandemic is altering the way that cities are approaching community outreach during the 6t" Cycle Housing Element Update as participants may be less likely to attend traditional community workshops, even when possible. Provided the City would like to explore alternatives or in addition to "in-person" community outreach workshops, Kimley-Horn will provide a web-based outreach tool utilizing MetroQuest. The web- based survey tool includes analytics to evaluate community input on locations for potential housing, housing goals, policies, and programs. The community survey provides an alternative method for gathering public participation that allows residents and stakeholders the flexibility of participating at a time that works for their schedule. The tool also provides tangible data that can be incorporated into the Housing Element to quantify the City's outreach efforts to HCD. Task 4.4 Deliverables • Set up, launch and running of outreach survey tool in coordination with City Staff • Summary report of survey results • Review of survey data and incorporation into the Housing Element Task 4.5 Study Session with City Council Kimley-Horn will attend and facilitate one (1) study session/meeting with the City Council. Council will not take any formal action at these meetings. These meetings will be used for interim discussion prior to formal Public Hearings later. The Study Session will serve as an educational opportunity to present information on new housing-related state law, elements of the 6th Cycle Housing Element Update process, and other project-related information determined to be important by City Staff. As part of the work plan refinement process, Kimley-Horn can discuss with City staff the most effective approach for these meetings, including opportunities for involvement of key stakeholder groups, non-profits, and other members of the community. Additional Study Sessions may be conducted at the request of City Staff as additional services not assumed in this proposal. Task 4.5 Deliverables • Electronic copies (in PDF format) of draft presentation, handouts, etc. • Preparation of facilitation of Study Session • Summary Study Session notes Task 4.6 Study Session with Planning Commission Kimley-Horn will attend and facilitate three (3) study sessions/meetings with the Planning Commission. Study Session content will be similar to the City Council Study Session described previously. K i m I e y 11, r n 13 121 Task 4.6 Deliverables • Electronic copies (in PDF format) of draft presentation, handouts, etc. • Preparation of facilitation of Study Session • Summary Study Session notes Task 5: Draft Housing Element Kimley-Horn will prepare a Screencheck Draft, Public Review Draft, and Final Housing Element. Task 5.1 Screencheck Draft Kimley-Horn will prepare and submit a Screencheck Draft Housing Element to the City for review. The Screencheck Draft will be a complete draft document and include all required statutory content. The draft will provide tables, maps, and graphics. Task 5.1 Deliverables • One electronic copy (in native file format and PDF format) of the Screencheck Draft Housing Element for City review and comment • One reproducible copy of the Screencheck draft Task 5.2 Pre-HCD Submittal Public Review Draft Kimley-Horn will prepare a Pre-HCD Public Review Draft Housing Element based on feedback received during the public review process to be reviewed prior to the formal submittal to HCD for initial review. The public review of the Draft Housing Element prior to review by HCD has been requested for 6th Cycles to make certain that public comments are reflected in the Draft document. Kimley-Horn will provide appropriate responses to public comments on the draft document. This will be beneficial to the City, as issues can be identified and addressed from third parties prior to HCD's formal review. It is recommended the City permit a 30-day public review period. Task 5.2 Deliverables • One electronic copy (in native file format and PDF format) • One reproducible copy Task 5.3 HCD Submittal Following all initial community outreach workshops and meetings, Kimley-Horn will prepare summary notes or minutes of the community workshop, and a summary of all other comments received during the public review period described in previous tasks. The HCD Submittal draft will incorporate all community and stakeholder feedback as well as staff comments based on community/third-party input. Once the Draft Housing Element is finalized, it will be submitted for an initial 60-day review to the Kim Ieym 14 122 Department of Housing and Community Development (HCD) after required meetings and approvals from the Planning Commission and City Council. Kimley-Horn will prepare a transmittal letter to HCD detailing how the Housing Element meets State law requirements. The Draft Housing Element will be accompanied by a completed Completeness Review Checklist. Task 5.3 Deliverables • One electronic copy (in native file format and PDF format) of the HCD Draft Housing Element • electronic copy (in native file format and PDF format) of the transmittal letter and checklist Task 5.4 Response to Comments Kimley-Horn will coordinate the preparation of responses to any comments or requested revisions to the HCD Review Draft Housing Element. Based on our recent experience, the City should be prepared to receive considerably more comments during this Cycle. Task 5.3 Deliverables • Summary Matrix of Response to HCD Comments Task 5.5 Public Review Draft Kimley-Horn will prepare a Public Review Draft Housing Element based on comments from HCD for release to the public for review prior to scheduled adoption hearings. Kimley-Horn will resolve any issues and make requested revisions to the Draft to the satisfaction of the City prior to Public Hearing. Task 5.5 Deliverables • One electronic copy (in native file format and PDF format) • One reproducible copy Task 5.6: Final Draft Housing Element Following review by HCD, Kimley-Horn will revise the appropriate sections and prepare a Final Draft Housing Element to be presented at public hearings before City Council. Task 5.6 Deliverable • One electronic copy (in native file format and PDF format) of the Final Draft Housing Element Task 5.7: Transmittal of Final Adopted Housing Element to HCD Kimley-Horn will transmit the Final Housing Element to HCD for final certification and will maintain ongoing communication with the State until the Housing Element is K i m l ey>> H o r n 15 123 F officially deemed certified. As required by state housing element law, the final adopted document must be provided to HCD prior to deeming the Housing Element certified by the State. Task 5.7 Deliverable • Ten (10) bound copies of the adopted Housing Element Document for distribution Task 6: Environmental Compliance The City of Huntington Beach General Plan Update Program Environmental Impact Report (PEIR) (Atkins, 2017) assessed the potentially significant environmental effects of the City of Huntington Beach General Plan Update (GPU). The project analyzed in the PEIR consisted of adoption and implementation of the GPU, which established an overall development capacity of 85,403 dwelling units (DU), 50.4 million square feet of non-residential land uses, and a population of 211 ,051 persons by 2040 (GPEIR Table 3-3). Based on the RHNA allocation and anticipated inventory of candidate housing sites, it is anticipated that General Plan amendments/zone changes (i.e., "the Project") would be required to accommodate RHNA growth needs. Additionally, Infrastructure Element amendments would be required. These changes are anticipated to exceed the forecast development capacity analyzed in the GPEIR, requiring a Supplemental or Subsequent EIR (SEIR). Given the prior PEIR, the SEIR will identify the following: substantial changes (if any), which would require major revisions to the PEIR; substantial changes (if any) concerning the project circumstances, which would require major revisions to the PEIR; and new information, which was not known and could not have been known at the time the PEIR was certified. For each of the environmental issues noted below, the SEIR will evaluate the Project impacts relative to existing conditions and compare those to the PEIR. Issues that are considered adequately addressed in the PEIR will be summarized in the SEIR. One of the key decisions with this Project and SEIR, is how best to address the proposed Project considering the PEIR, to what extent issues are deemed adequately addressed, and how best to document these decisions within the SEIR. As discussed further in our Scope of Work below, Kimley-Horn recommends that the SEIR scope be focused through preparation of an Initial Study. Based on verified baseline conditions and the Draft HEU, our Environmental Team will work closely with the HEU Team and City to develop the "CEQA Project." Our Environmental Team will also work closely with our internal technical/engineering partners and City to refine the environmental technical approach and SEIR scope. Kimley-Horn's proven collaborative approach helps identify environmental issues early in the HEU process to "self-mitigate" the Project to avoid/reduce potential impacts; increase efficiency; improve technical quality/accuracy; and avoid loss of time/data. i m I ey>}/ r n 15 124 Kimley-Horn will provide the Scope of Services specifically set forth below. This Scope of Services has been prepared based upon Kimley-Horn's understanding of the Project issues and experience with similar issues and projects. This Scope assumes the following: • Baseline conditions, Project Description (based on the City-approved Draft HEU), and approach will not change once the City issues Authorization to Proceed. • The SEIR will address the Project's potential environmental impacts at a programmatic level. • For each deliverable, Kimley-Horn will: o Respond to one reconciled set of City comments- additional City review cycles are excluded, o Provide a "redline copy" that reflects the proposed edits and responds to the City's comments, and o Provide a "final screencheck" copy for City approval prior to finalizing/reproduction. • City comments will not raise new substantive issues requiring re-analysis. TASK 6.1: PROJECT SCOPING Task 6.1.1: Project Kick-Off This Task includes a Kick-Off Meeting with the City and Applicant to discuss the HEU, proposed amendments, etc., and the "CEQA Project" in greater detail. The meeting's primary objectives will be to confirm the City's expectations and Project goals and develop/refine the Project Description. The analysis parameters, baseline conditions, construction details, buildout conditions, scheduling, and overall communications protocol will also be established. Prior to the meeting, Kimley-Horn will distribute a Kick-Off Meeting Agenda and Data Needs TM. Task 6.1.2: Research and Survey Readily available reference data, including planning and policy documentation from the City, County, state and federal agencies, and other agencies that may be affected by the Project will be collected and reviewed. Data obtained through this Task will be foundational to the environmental documentation and incorporated into the analysis, as appropriate. Task 6.1 Deiiverabies:1 • Kick-Off Meeting Agenda; Kick-Off Meeting Notes and Action Items; and Data Needs TM INN deliverables will be submitted to the City in electronic format(MS Word and PDF),in addition to specified copies. K i m I e y>> r n 17 125 TASK 6.2: PROJECT DESCRIPTION Building on the CEQA Project information obtained at the Project Kick-Off Meeting and the Draft SP, Kimley-Horn will prepare a Draft Project Description for City review and approval. The Project Description will detail the Project's location, environmental setting, background and history, characteristics, discretionary actions, goals/objectives, construction schedule/phasing, agreements, and required permits and approvals. Kimley-Horn will prepare exhibits to depict the regional vicinity, candidate housing sites, and key Project components to support the environmental analyses. Task 6.2 Deliverables: • Draft Project Description; and Final Project Description TASK 6.3: SENATE BILL 18 AND ASSEMBLY BILL 52 NATIVE AMERICAN COMMUNICATIONS AND SACRED LANDS FILE SEARCH Kimley-Horn will provide Senate Bill (SB18) and Assembly Bill (AB52) Native American communications assistance, as directed by the City. Kimley-Horn will contact the Native American Heritage Commission (NAHC) to request a Sacred Lands File (SLF) Search and an SB18 list of Native American tribes and individuals to contact. Using the NAHC's SB18 list, Kimley-Horn will draft S1318 letters for City distribution. The letters' objective will be to contact the identified entities to discern whether a tribe or individual has knowledge of cultural resources within the Project boundaries. Using the City's California Native American tribal contacts list, Kimley- Horn will draft AB52 letters for City distribution. A request for consultation would require the City to enter a consultation process. Noticing results will be incorporated into the SEIR. Task 6.3 Defiverables: • SB18 Letters; and AB52 Letters TASK 6.4: INITIAL STUDY/NOTICE OF PREPARATION (IS/NOP) Task 6.4.1: Screencheck IS/NOP Kimley-Horn will prepare an IS in accordance with Public Resources Code §§21080(c)-(e) and State CEQA Guidelines §§15060-15065. The IS will be patterned after State CEQA Guidelines Appendix G and will describe the Project's location, environmental setting/baseline conditions, and characteristics. The IS' main body will consist of an environmental checklist and the supporting environmental analyses. Kimley-Horn will explain all responses and "No Impact" responses will be supported by cited information sources. The responses will consider the whole action involved with the Project: on- and off-site, Project- and cumulative-level, direct and indirect, and short-term construction and long-term operational. The explanation Kimley>>v or 18 126 of each issue will also identify the significance criteria or threshold used to evaluate each question. Upon IS completion, a conference call will be scheduled to communicate to the City/Applicant preliminary environmental review findings and critical path items/issues. In consultation with and as directed by the City, Kimley- Horn will proceed with finalizing the IS, initiating the CEQA compliance documentation through the NOP, and preparing an SEIR. Task 6.4.2: IS/NOP Completion Kimley-Horn will respond to one reconciled set of City comments on the screencheck IS/NOP. Kimley-Horn will provide the City with a redline copy that reflects the proposed edits and responds to the City's comments, and a final screencheck for approval prior to finalizing/reproduction. Task 6.4 Deliverables: • 5 copies screencheck IS/NOP; • 3 copies final screencheck IS/NOP; • 3 bound public review IS/NOP; • 1 unbound reproducible public review IS/NOP, • 15 hard copies State Clearinghouse (SCH) Summary Form for Electronic Document Submittal; and • 40 flash drive public review IS/NOP (15 to SCH + 5 to City + 20 Distribution List) TASK 6.5: SCOPING MEETING A Public Scoping Meeting will be scheduled during the NOP public review period to orient the community on CEQA's intent and review processes, and the environmental issues to be addressed in the SEIR. The Public Scoping Meeting will also enable the community to understand the project and comment on environmental concerns. Kimley-Horn will provide graphics to supplement the discussion, as appropriate. Comment forms will be provided for this purpose, and the written comments, along with oral comments, will become a part of the project record. Task 6.5 Deliverables: • Graphics; Comment Forms; Powerpoint Presentation TASK 6.6: CEQA NOTICES Kimley-Horn will prepare and distribute the SEIR CEQA Notices outlined below. The Notices will be distributed via certified mail to the SCH and all responsible, trustee, and interested agencies, community groups, and individuals, and filed with the 9\ l4y,,Y C 19 127 -qqw 'W -7111, 4k 4J County Clerk. Distribution will be based upon a City-provided Distribution List. This Scope excludes radius mailing, newspaper notices, and payment of CDFW fees. • Notice of Preparation (NOP), • Notice of Availability (NOA), and • Notice of Completion (NOC), • Notice of Determination (NOD). Taste 6.6 Deliverables: • Each: Draft and Final Notice (NOP, NOC, NOA, NOD) TASK 6.7: PUBLIC REVIEW DRAFT SEIR Following a determination that the proposed Project could have a significant effect on the environment, and during the IS/NOP public review period, Kimley-Horn will initiate preparation of a SEIR. Task 6.7.1: Screencheck Public Review Draft SEIR Kimley-Horn will prepare the Draft SEIR, which will consist of the following sections: a. Executive Summary b. Introduction and Purpose c. Project Description d. Basis for Cumulative Analysis: This Task assumes a maximum of 16 hours for consultation with other jurisdictions, including preparation of letters and cumulative projects list. e. Environmental Analysis: Building on the IS' findings, Kimley-Horn will conduct an analysis to evaluate the Project's potentially significant effects on the environment. The environmental analysis will be based upon readily available data, the Technical Studies identified above, and results from additional research. The significance criteria/thresholds used to evaluate each issue will be identified and patterned after recently amended State CEQA Guidelines Appendix G. The environmental analysis will consider all project phases, including planning, acquisition, development, and operation. The analysis will consider the whole action involved with the proposed project: on- and off-site, project- and cumulative-level, direct and indirect, and short-term construction and long-term operational. Explanations will be provided for all thresholds including "No Impact" responses, which will be supported by cited information sources. The environmental analysis will identify and focus on the project's significant environmental effects, as well as environmental issues raised during the scoping process (NOP responses, Public Scoping Meeting, and other relevant and valid informative sources). For each significant adverse impact, the environmental analysis will also identify feasible mitigation measures, which could avoid or reduce the impact. Preliminarily, the project's key environmental considerations are: • Aesthetics • Cultural Resources • Air Quality • Energy • Biological Resources • Geology, Soils, Paleo. Resources Kim ley>>/ of 20 128 • Greenhouse Gas Emissions • Public Services • Hazards and Hazardous • Recreation Materials • Transportation (VMT no LOS • Hydrology and Water Quality analysis) • Land Use and Planning • Tribal Cultural Resources • Noise • Utilities and Service Systems • Population, Housing, Employment The IS findings will be used to verify the environmental issues with potentially significant effects. f. Other CEQA Considerations g. Alternatives to the Proposed Action: Kimley-Horn will provide an analysis of a "reasonable range" of alternatives, comparing each alternative's impacts in each environmental issue to the project. Preliminarily, the range of Alternatives will consist of the No Project/No Development Alternative and two other Alternatives to be developed through the environmental analysis process in consultation with the City. For each alternative, Kimley-Horn will qualitatively analyze the environmental issues outlined above. h. Effects Found Not to be Significant i. Organizations and Persons Consulted Task 6.7.2: SEIR Graphics Kimley-Horn will prepare approximately 20 exhibits to enhance the written text and clarify the proposed project environmental impacts. Our in-house graphic design team will create black and white or full-color exhibits, as well as covers and dividers for the SEIR and Technical Appendices. This task assumes the City's Geographic Information Systems (GIS) Division will assist with map/exhibit production to depict candidate housing sites baseline conditions and resource presence/absence. This City-provided data will serve as basis for impact analyses. Task 6.7.3: Public Review Draft SEIR Completion Kimley-Horn will respond to one reconciled set of City comments on the screencheck Draft SEIR. Kimley-Horn will prepare a final screencheck of the Draft SEIR and submit to the City (along with a redline copy of the screencheck Draft SEIR) for approval prior to public release. This Task assumes that the Project Description will not change, and the comments will not raise new substantive issues requiring re-analysis. Tasks 6.7 Deliverables: • 5 copies screencheck Draft SEIR; • 3 copies final screencheck Draft SEIR; • 3 bound public review Draft SEIR; • 1 unbound reproducible public review Draft SEIR; • 15 hard copies SCH Summary Form for Electronic Document Submittal; Ki m ley m or PAGE 21 ��!! 129 • 40 flash drives Public Review Draft SEIR & Technical Appendices (15 to SCH + 5 to City + 20 Distribution List) TASK 6.8: FINAL SEIR Kimley-Horn will initiate preparation of the Final SEIR during the public review period. Task 6.8.1: Screencheck Final SEIR Kimley-Horn will prepare the Final SEIR, which will consist of the following sections: a. Introduction b. List of Commenting Persons, Organizations, and Public Agencies c. Comment Letters d. Responses to Comments: Kimley-Horn will respond to written comments received during the public review period and additional comments raised during public hearings concerning significant environmental issues. It is noted that the extent of public/agency comments that will result from the public review process is presently unknown. Kimley-Horn has budgeted conservatively, assuming a maximum of 80 hours for completion of the screencheck Responses to Comments. Should the level of comments and responses exceed the assumed effort, services will be provided on a T&M basis. e. Errata to the Draft SEIR, if required. Task 6.8.2: Final SEIR Completion Kimley-Horn will respond to one reconciled set of City comments on the screencheck Final SEIR. Kimley-Horn will prepare a final screencheck of the Final SEIR and submit to the City (along with a redline copy of the screencheck Final SEIR) for approval prior to finalizing. Tasks 6.8 Deliverables: • 5 copies screencheck Final SEIR; • 3 copies final screencheck Final SEIR; • 3 bound public review Final SEIR; • 1 unbound reproducible public review Final SEIR; • 5 flash drives Public Review Final SEIR TASK 6.9: MITIGATION MONITORING AND REPORTING PROGRAM Kimley-Horn will prepare a Mitigation Monitoring and Reporting Program (MMRP) to be defined through coordinating with the City to identify appropriate monitoring steps/procedures, to provide a basis for monitoring such measures during and upon project implementation. The MMRP Checklist will serve as the foundation of the proposed project's MMRP. The Checklist indicates the mitigation measure number, mitigation measure, monitoring milestone, method of verification (documentation, PAGE 22 Kimleymv 130 field checks, etc.), and a verification section for the initials of the verifying individual, date of verification, and pertinent remarks. Task 6.9 Deliverables: • Draft MMRP; and Final MMRP TASK 6.10: PROJECT MANAGEMENT AND MEETINGS/HEARINGS Task 6.10.1: Project Management Ms. Rita Garcia will be responsible for CEQA Project Management, including overall Environmental Team management and coordination, and ongoing consultation with the City. Ms. Garcia will undertake consultation and coordination of the Project and review the SEIR for CEQA compliance. Ms. Garcia will coordinate with all technical and support staff, toward completion of the SEIR. Task 6.10.2: Meetings and Hearings Ms. Garcia and one additional staff will attend the meetings/hearings and conference calls and represent the Team, as appropriate. This Task assumes a maximum of 62 hours for meetings/calls, including preparation, attendance, and follow-up, as appropriate. Should the City determine that additional time beyond the assumed is required, services will be provided on a T&M basis. Assumed Meetings/Hearings: • 5 Staff Meetings (incl. Kick-Off • 2 PC Public Hearings Mtg.) • 1 CC Public Hearing • 1 Scoping Meeting Task 6.10 Deliverables: • Agenda (per meeting, as appropriate); Minutes and Action Items (per meeting, as appropriate) Task 7: Public Hearings The Kimley-Horn team will prepare for and attend up to three (3) total Public Hearings. These meetings include two (2) Planning Commission and one (1) City Council Public Hearing. Kimley Horn will prepare a PowerPoint presentation and be prepared to answer questions. Task 6 Deliverables • One electronic copy (in native file format and PDF format) of the PowerPoint presentation • Attendance by up to two (2) Kimley-Horn staff members \j irn1e ��\ tor' PAGE 23 !! t � j 4r► 131 Task 8: General Plan Consistency Amendments and Zoning Code Amendments (OPTIONAL) As an optional task, Kimley-Horn team will prepare amendments to the City's Land Use Element and Zoning Code to provide internal consistency with the General Plan. While the Specific depth and breadth of these changes are not known at this time, a general budget has been reserved to accommodate this task. Kimley Horn understands that the specific details of these changes will be known after the development of the Draft sites analysis and policy program. Therefore, the specific scope and effort for this task will be further defined subsequent to the completion of these tasks. A lump sum fee is included in the Fee Schedule to accommodate the estimated effort. Task 6 Deliverables • General Plan Land Use Amendment Text and Maps • Zoning Code Amendment Text and Associated Tables, Graphics, etc. City of Huntington Beach 24 �� . l Proposed Draft Project Schedule F CITY OF HUNTINGTON BEACH HOUSING ELEMENT UPDATE-DRAFT ESTIMATED SCHEDULE TASK August Sept Oct Nov Doc Jan Feb March April May June July August Sep Oct Nov 0.. Jan TASK 1:PRDiC-CT KICKOFF 1.1 Pro'ect Kick-oft Meetin 1.2 Pro'ect Scheajie 1 2 ended C-,dna— ASK 2:PROJECT TEAM COORDINATION 2.1 PM and Coorain.!— OVAL HOUSING NEEDS ASSESSMENT 3.1 Document Revew 3.2 Ewlutate Current Housing Element 3.3 Housing Needs,Constraints,Resources and Profile _ 3.4 Housin Le islation 3.5 De�elpp Housino P'.an ASK 4:COMMUNITY ENGAGEMENT 4.1 Community Plan 4.2 Communit Wonksho #1 4.3 Communit Worksh #2 4.5 Plan ni Commission Stud Session 4.6 CityCouncil Stud Session 4.7 RHNA AdHOc Committee TASK 5:�tAFT HOUSING ELEMENT 5.1 Screencheck Draft 5.2 Pre HCD Public Remew Drat: 5.3 HCD Submittal Draft 5.4 Res nas to HCD Comments 65 Public Re—Draft 5.6 Final Draft Housing Element 5.7 Final Transmittal to and Correspondence with HCD TASK6:CEQII 6 0 CEOA Com fiance '" _ I _ _ � _� _� � _ TASK 7:PUBUC111IROJI1111M __ �_ _ 7 0 f'uu:�� cann s TASK 8:GENERAL PLANt2ONING AMENDMENTS --— 1 --- -- TASK 9:FISCAL ANALYSIS 9.1Fisca. Note:Drag Schedule i.s for tliscuss on purposes only antl will De revisetl upon prolecr commencement. City of Huntington Beach 1 25 _ r D. STAFFING We offer a highly skilled, experienced, and responsive team of professionals that have a proven record of successfully working municipalities on Housing Element requirements and policies, and the preparation of Housing Element Updates. Our team is led by project manager Dave Barquist, AICP, and is supported by a highly integrated team that offers a depth of Housing Element knowledge and demonstrated leadership in helping local agencies meet Housing Element requirements. We have included resumes for our key team members on the following pages. Principal-in-Charge/ Project Manager/ Project Manager Environmental Analysis David Barquist,AICP Rita Garcia Assistant Project .- Nick Chen,AICP Environmental Analysis Nick Chen,AICP David Barquist,AICP David Barquist,AICP Rita Garcia Matt Horton,AICP Nick Chen,AICP Nick Chen,AICP Achilles Malisos Alex Howard Prathna Maharaj Molly Mendoza Brian Leung Molly Mendoza Prathna Maharai DAVE BARQUIST, AICP Project Manager, Principal-in-Charge, Planning/Policy, Outreach Dave has over 25 years of public and private sector planning experience, including extensive policy and program analysis for local and regional Housing Elements that encompasses constraints and resources analysis, housing needs assessments, conditions surveys, and housing affordability studies. His Professional Credentials experience includes direct involvement in the management and preparation of • Bachelor of Science, more than 50 Housing Element Updates in all RHNA planning periods since the Urban and Regional 1990s. Planning, California Sample of Recent Relevant Experience State Polytechnic University, Pomona Encinitas 6th Cycle Housing Element, Encinitas, CA— Project Manager • American Institute of Del Mar 6th Cycle Housing Element, Del Mar CA — Project Manager Certified Planners Solana Beach 6th Cycle Housing Element, Solana Beach, CA — Principal in (AICP)#013476 Charge Coronado 6th Cycle Housing Element, Coronado, CA — Project Manager City of Huntington Beach 26 _ �J County of Orange 6t" Cycle Housing Element, Orange County, CA— Project Manager City of Fountain Valley Housing Element, Fountain Valley, CA — Project Manager City of Anaheim Housing Element, Anaheim, CA — Project Manager City of Orange Housing Element, Orange, CA — Project Manager City of Placentia Housing Element, Placentia, CA — Project Manager NICK CHEN, AICP GIS/Graphics, Planning/Policy, Outreach Nick is a community planner and urban designer with over 8 years of public and private sector planning experience engaging communities as a part of a wide �\, range of planning efforts, from housing policy and entitlement to visioning and long-term strategic planning. His work includes housing element policy, urban Professional design, community visioning, economic development plans, and community Credentials outreach. He has completed formal training in community outreach and • Master of Urban and Regional Planning, facilitation with the International Association of Public Participation. University of Sample of Recent Relevant Experience California, Irvine City of Chino 2021-2029 Housing Element Update, Chino, CA — Project • Bachelor of Science, Landscape Manager Architecture, City of Encinitas 2014-2021 Housing Element Update, Encinitas, CA — California State Assistant Project Manager Polytechnic University, Pomona City of Rialto 2014-2021 Housing Element Update, Rialto, CA — Assistant • American Institute of Project Manager City of Encinitas 2021-2029 Housing Element Update, Encinitas, CA — Assistant Project Manager City of Solana Beach 2021-2029 Housing Element Update, Solana Beach, CA — Assistant Project Manager RITA GARCIA Project Manager/Environmental Analysis With more than 30 years of experience, Rita has provided environmental and planning services to a broad range of public and private sector clients. She specializes in managing and contributing to CEQA/NEPA documents and regulatory permitting for a broad range of policy-level, multi-component Professional projects, including Housing Elements, General Plans, and Specific Plans. She Credentials has been involved with varied policy documents involving new development • Bachelor of and redevelopment, and facility and infrastructure components in sensitive Science, Urban and environments, with substantial public involvement and controversy. Regional Planning, California State 3each Polytechnic � 27 University, Pomona • National i Sample of Recent Relevant Experience Encinitas 2013-2021 Housing Element Supplemental PEIR, Encinitas, CA — Environmental Manager City of Riverside 2014-2021 Housing Element Addendum EIR, Riverside. CA — Project Manager Murrieta General Plan 2035 Program EIR, Murrieta, CA — Senior Analyst City of Riverside 2014-2021 Housing Element Update Implementation Plan EIR, Riverside, CA — Project Manager Buena Park General Plan 2035 Program EIR, Buena Park, CA — Senior Analyst MOLLY MENDOZA Planning/Policy, Outreach Molly is a planner with experience in planning, development, and design. Molly also specializes in community engagement. She has experience analyzing community outreach results, participating in outreach events, and engaging local stakeholder in project planning. Before coming to Kimley-Horn, Molly Professional worked as a planning intern with the City of Anaheim and as a policy analyst Credentials • Master of Urban with Housing Long Beach. and Regional Sample of Recent Relevant Experience Planning, University Rialto Housing Element Update, Rialto, CA — Planning Analyst of California, Irvine Rancho Los Amigos South Campus Specific Plan, Downey, CA — Planning • Bachelor of Arts, Analyst History, California State University, County of Orange 2021-2029 Housing Element Update, Orange County, CA — Planning Analyst City of Orange 2021-2029 Housing Element Update, Orange, CA — Planning Analyst Del Mar 2021-2029Housing Element Update, Del Mar, CA — Planning Analyst Encinitas 2021-2029 Housing Element Update, Encinitas, CA — Planning Analyst Housing Element Update, Solana Beach, CA— Planning Analyst MATT HORTON, AICP GIS/Graphics Matt is a planner with more than eight years of experience in land use planning, mobility planning, and GIS analysis. Matt specializes in the development of community plans that thoughtfully consider the interrelationship between mobility and land use. His time at Kimley-Horn has been focused on improving Professional public policy decision making through spatial analytics, scenario planning, and Credentials geographic information systems. • Master of Urban Sample of Recent Relevant Experience and Regional Planning, University leach of Minnesota � 28 • Bachelor of Arts ((P.nnrgnhv anri Housing Element Update, Encinitas, CA — Project Planner Housing Element Update, Solana Beach, CA — Project Planner Red Hill Corridor Specific Plan and EIR, Tustin, CA — GIS Specialist On-Call Civil and Traffic Engineering, Carlsbad, CA — Project Planner Parking Management Plan, Village and Barrio, Carlsbad, CA — Project Planner Trolley Program Feasibility Study, Carlsbad, CA — Project Manager Balboa Avenue Transit Station Specific Plan, San Diego, CA — Project Planner Corridor Planning II Process Zoning Code and Map Update for the General Plan 2030 Update, Santa Cruz, CA —Analyst E. QUALIFICATIONS Kimley-Horn is a full-service planning, environmental, and engineering consulting firm providing services to public and private clients nationwide. We offer the City of Huntington Beach a staff of experienced planners, public policy specialists, and environmental analysts working within a collaborative environment that includes a multidisciplinary team of more than 500 planning and design professionals in 11 offices throughout California, including our offices in Orange, San Diego, Los Angeles, and Riverside. Our Housing Element team is based out of our local office in Orange and includes a team of policy and environmental planners with years of experience successfully interpreting and implementing State housing legislation to achieve HCD certification for jurisdictions across California. The team assigned to the City includes housing element and planning specialists that work daily with public sector clients, providing hands-on, turnkey services to cities, counties, and other state and local agencies throughout California. Our team has worked on numerous housing elements in the local area and statewide. Our experience includes working with several jurisdictions to gain mid-cycle certification. These jurisdictions were some of the first to incorporate the requirements of 2017-2019 State housing legislation in order to achieve HCD certification. Kimley-Horn is currently working with several SANDAG and SCAG jurisdictions on 6th Cycle Updates. Our team works diligently to stay up to date on current legislation and works directly with jurisdictions and HCD on the appropriate implementation of new legislation regarding Affirmatively Furthering Fair Housing (AFFH), AB 1397 candidate sites analysis, AB 686 compliance and other applicable statutory requirements. Our team will use our years of experience and understanding of the Housing Element process to provide a turnkey experience for the City. With this experience, we have developed a deep understanding of the Department of Housing and Community Development (HCD) certification process and utilize our longstanding relationship with HCD to our clients' advantage. We are proud to be able to say that every Housing Element we've worked on has achieved certification by HCD! Recent Housing Element Experience The following are a sample of additional Housing Element Update projects completed by members of our team. City of Huntington Beach 1 29 °% Housing Element CycleNear Certified Housing - • Anaheim Housing (4th cycle - Certified in Indio Housing Element (4th cycle - Certified in Element 2009) 2009 Anaheim Housing (5th cycle- Certified La Mirada Housing (5th cycle - Certified in Element 2014) Element 2014 Antioch Housing (4th cycle - Certified in Los Alamitos Housing (4th cycle - Certified in Element 2010) Element 2010 Arcadia Housing (5th cycle - Certified in Lynwood Housing (4th cycle - Certified in Element 2013) Element 2010 Artesia Housing (4th cycle - Certified in Montclair Housing (4th and 5th cycle — Element 2011) Element Certified in 2014 Carmel Housing (4th cycle - Certified in Murrieta Housing (6th cycle — In Element 2010) Element ro ress Chula Vista Housing (4th cycle - Certified in Orange Housing (4th cycle - Certified in Element 2007) Element 2010 CertifiedHousing Element Cycle/Year Certified Housing Element CycleNear City of Chino (6th Cycle — In progress) Orange Housing (5th cycle- Certified in Housing Element Element 2014 Del Mar Housing (6th Cycle — In progress) Orange Housing (6th Cycle — In progress) Element Element El Monte Housing (5th cycle - Certified in County of Orange (6th Cycle — In progress) Element 2013) HousingElement Encinitas Housing (6th Cycle — In progress) Placentia Housing (4th cycle - Certified in Element Element 2010 Fontana Housing (4th cycle - Certified in (5th Cycle — Certified in Element 2010) 2017 Fontana Housing (5th cycle- Certified in Rialto Housing Mid-Cycle Update — In Element 2014) Element progress Fountain Valley (5th cycle, Certified in Salinas Housing (4th cycle - Certified in Housing Element 2014) Element 2011 Fullerton Housing (4th cycle - Certified in Saratoga Housing (4th cycle - Certified in Element 2010) Element 2010 Gilroy Housing (Found in compliance Solana Beach Housing (6th Cycle — In progress) Element by HCD in 2011) Element Hemet Housing (5th cycle - Certified in Stanton Housing (4th cycle - Certified in Element 2014) Element 2009 Indian Wells Housing (5th cycle — Certified in Truckee Housing (4th cycle - Certified in Element 2014) Element 2009 References The Kimley-Horn team is proud of its successful track record of Housing Element updates for both the 4th cycle and 5th cycle RHNA planning periods. Below is a sample of the Housing Elements our key staff has completed. City of Encinitas Housing Element (5th Cycle and 61h Cycle), Encinitas, CA City of Huntington Beach 30 i Kimley-Horn is currently assisting the City with their Housing Element Update for the RHNA 5th and 6th Cycle planning periods. Kimley-Horn worked extensively with City staff, elected official, legal counsel, HCD and the public to develop policy solutions. Aside from completing the technical analysis associated with updating a Housing Element, the process has included numerous outreach events, including stakeholder meetings, community forums, open houses, and public working sessions. Each step of the process has included components to inform and engage the community to make certain that their feedback is incorporated into the Housing Element Update whenever feasible. Reference: Jennifer Gates, Principal Planner, City of Encinitas, 760.633.2714, jgates@encinitas.gov Dates: 2017 — Present Team Members: Dave Barquist — Project Manager, Nick Chen — Assistant Project Manager, Molly Mendoza — Planning Analyst, Rita Garcia — Environmental Manager, Brian Leung — Environmental Analyst City of Del Mar Housing Element (6th Cycle), Del Mar, CA David Barquist and Nick Chen are leading an update to the City of Del Mar's 6th cycle Housing Element. Our team is responsible for evaluating the status of the City's housing programs, updating housing affordability information, analysis of household characteristics, and review of the land inventory available to produce new housing in this community. The Housing Element scope also includes evaluation for constraints on the production of housing in the community, and an update of proposed housing programs. The project also includes conducting community outreach, both in person and virtual, and assistance with the facilitation of a Housing Element Task Force. Reference: Shaun McMahon, Project Planner, City of Del Mar, 858.755.9313, smcmahon@delmar.ca.us Dates: 2019 — Present Team Members: Dave Barquist — Project Manager, Nick Chen — Assistant Project Manager, Molly Mendoza — Planning Analyst City of Rialto Housing Element (5th Cycle), Rialto, CA Kimley-Horn assisted the City of Rialto with the 2014-2021 Housing Element update. The City missed the statutory deadline to complete their 5th cycle Housing Element and completed the Housing Element to meet requirements of AB 1233. Kimley-Horn assisted the City with an updated land inventory analysis to accommodate both the 4th cycle and 5th cycle RHNA needs of the City. The update includes revisions to the City's housing profile, updated governmental and non-governmental constraints to the development of housing, a progress report on the performance of the existing Housing Element, and a revised Housing Plan. Reference: Karen Peterson, Senior Planner, City of Rialto, 909.820.2505, kpeterson@rialtoca.gov Dates: 2016 — 2020 Team Members: Dave Barquist — Project Manager, Nick Chen —Assistant Project Manager, Molly Mendoza — Planning Analyst City of Chino Housing Element (6th Cycle), Chino, CA Kimley-Horn is assisting the City of Chino with the 6th Cycle Housing Element update. They will be considering considerable growth due to draft RHNA allocations and must deal with limitation imposed by local growth control legislation. The Kimley Horn team is developing a unique outreach program in consideration with COVID-19 and will be engaging an AdHoc Housing Committee through the planning process. Reference: Warren Morelion, City Planner, City of Chino 909.334.3332, wmorelion@cityofchino.org Dates: 2020 City of Huntington Beach 31 i Team Members: Dave Barquist — Project Manager, Nick Chen — Assistant Project Manager, Molly Mendoza — Planning Analyst City of Solana Beach Housing Element (6th Cycle), Solana Beach, CA Kimley-Horn is assisting the City of Solana Beach with the 6th Cycle Housing Element update. They will be considering developing policies and programs for a built-out coastal community with almost no vacant land and must deal with limiting land use policies. The Kimley Horn team has developed a comprehensive analysis of sites in consideration of a substantial growth in 6th Cycle RHNA calculations. Reference: Joseph Lim, Director, City of Solana Beach 858.720.2434, jlim@cosb.org Dates: 2020 Team Members: Dave Barquist — Principal, Nick Chen —Project Manager, Molly Mendoza — Planning Analyst F. FEE PROPOSAL CITY OF HUNTINGTON BEACH HOUSING ELEMENT UPDATE-ESTIMATED FEES(rev.081220 Senior Associate Assistant Admin Principal Planner Planner Planner/ Support Tota I TASK Graphics Cost r r TASK 1:PROJECT KICKOFF 1.1 Project Kick-off Meeting 41 61 8 1 1 $3,148 1.2 Project Schedule 21 4 $1,222 TASK 2:PROJECT MANAGEMENT AND COORDINATION 601 481 301 1 20 $30.664 TASK 3:ANALYZE REGIONAL HOUSING NEEDS ASSESSMENT 3.1 Document Review 11 41 12 $2,507 3.3 Evalutate Current Housing Element 41 101 16 $4,860 3.3 Housing Needs,Constraints, Resources, Population and Housing Profile 30 80 1801 16 $46,850 3.4 Housing Legislation Matrix 4 61 401 12 $8,628 3.5 Develop Housing Plan 121 401 32 $14,180 TASK 4:COMMUNITY ENGAGEMENT 4.1 Community Outreach Plan 2F 41 18 $3,562 4.2 Community Workshop#1 8 16 20 3 $7,818 4.3 Community Workshop#2 8 161 201 3 1 $7,818 4.5 Planning Commission Study Sessions(up to 3 241 361 48 $18,888 4.6 City Council Study Session 1 81 181 16 $7,304 TASK FOUR:DRAFT HOUSING ELEMENT 5.1 Screencheck Draft 8 30 40 10 $13,540 5.2 Pre HCD Public Review Draft 4 16 32 8 $8,828 5.3 HCD Submittal Draft 4 10 28 8 $7,300 5A Response to Comments 4 18 32 3 $8,614 5.5 Public Review Draft 4 16 32 $7,948 5.6 Final Draft Housing Element 4 15 32 2 $8,000 5.7 Final Transmittal to and Correspondence with HCD 21 4 6 1 $2,002 TASK 5:CEQA COMPLIANCE 400 60 1000 100 60 $267,680 TASK 6:PUBLIC HEARINGS 3 Hearings Assumed 24 42 16 $15,736 TASK 7:FINAL HOUSING ELEMENT CERTIFICATION 2 6 8 6 $3,258 Expenses travel,copies,etc..Reproduction estimated $5,000 SUBTOTAL 823 505 1566 134 117 $505,355 Recommended Contingency 15510 $75,803 TOTAL COST $581,158 OPTIONAL TASKS Task 8:General Plan Amendments and Zoning Code Revisions $75,000 Task 4.4 Online Community Survey $12,000 Nofe:Kimle-Horn reserves the r' ht b reallocaig slafing resources anion sttasks d necessary,not b exceed Val approved fees. City of Huntington Beach 1 32 _ APPENDIX: FORMS AND REQUIRED INFORMATION Legislation and City Considerations Requested Modifications to Terms and Conditions Legislation and City Considerations 2018 LEGISLATIONOF ! CONSIDERATIONS FUNDING MEASURES SB 2-Projected to generate hundreds of millions of The city is eligible for a variety of funding dollars annually for affordable housing, supportive opportunities to help achieve the goals and housing,emergency shelters,transitional housing and policies stated in the Housing Element. Careful other housing needs via a $75 to$225 recording fee on consideration to the way in which policy is specified real estate documents. articulated will help to increase the likelihood of future funding acquisition. SB 3-Placed a$4 billion general obligation bond on the Similar to SB 2,The city is eligible for a variety November 2018 ballot to fund affordable housing of funding opportunities to help achieve the programs and the veteran's homeownership program goals and policies stated in the Housing (Calvet). Element. STREAMLINING MEASURES SB 35-Streamlines multifamily housing project approvals, This new law allows developers to request at the request of a developer, in a city that fails to issue streamlining provided certain criteria are met. building permits for its share of the regional housing need This means the City of Huntington Beach will by income category. In a SB 35 city, approval of a need to evaluate the entitlement procedures to qualifying housing development on qualifying site is a permit and track the adherence to the new law. ministerial act,without CEQA review or public hearings. SB 540-Streamlines the housing approval process by SB 540 authorizes a state grant or loan for a allowing jurisdictions to establish Workforce Housing local government to do planning and Opportunity Zones(WHOZs),which focus on workforce environmental reviews to cover a and affordable housing in areas close to jobs and transit neighborhood. and conform to California's greenhouse gas reduction Developers in the designated community also laws.SB 540's objective is to set the stage for approval of will have to reserve a certain percentage of housing developments by conducting all of the necessary homes for low-and middle-income residents planning, environmental review and public input on the and the city's approvals there would be front end through the adoption of a detailed Specific Plan. approved without delay. SB 540 provides the development community with certainty that for a five-year period,development consistent with the plan will be approved without further CEQA review or discretionary decision-making. City of Huntington Beach I Al _ AB 73—Similar to SB 540 the Bill streamlines the housing Under AB 73, Huntington Beach would receive approval process by allowing jurisdictions to create a money when it designates a community for housing sustainability district to complete upfront zoning more housing and then additional dollars once it and environmental review in order to receive incentive starts issuing permits for new homes. In these payments for development projects that are consistent neighborhoods,at least 20%of the housing must with the ordinance. be reserved for low-or middle-income residents, and projects will have to be granted permits without delay if they meet zoning standards. ACCOUNTABILITY MEASURES SB 167/AB 678/AB 1515—These three measures were Considerations for zoning requirements in the amended late in the 2017 legislative session to entitlement process will have to comply with incorporate nearly all the same changes to the Housing these new laws. Findings for projects may Accountability Act(HAA).The HAA significantly limits the have to be modified, modifications to land use ability of a jurisdiction to deny an affordable or market- definitions will have to be considered. rate housing project that is consistent with existing planning and zoning requirements OTHER MEASURES AB 1505-Allows a jurisdiction to adopt an ordinance that Essentially addressing rental unit inclusionary,the requires a housing development to include a certain AB 1505 law provides a "solution"to the Palmer percentage of residential rental units affordable to and Decision. If the city choses any type of rental occupied by households with incomes that do not exceed inclusionary policy,this will have to be limits for households with extremely low,very low, low or considered. moderate income. Such an ordinance must provide alternative means of compliance such as in-lieu fees,off-site construction,etc. AB 879-Expands upon existing law that requires, by April As a general law city,this law will require annual 1 of each year,general law cities to send an annual report updates to the City Council and submission of to their respective city councils,the state Office of yearly reports on General Plan implementation. Planning and Research (OPR)and HCD that includes information related to the implementation of the General Plan, including RHNA. AB 1397-Makes numerous changes to how a This is one of the most profound changes to jurisdiction establishes its housing element site adequate sites analysis and will require a much inventory more in-depth review of sites and the suitability of those sites.This new law provides very specific justification of sites that area deemed suitable and will much more time and effort then the city has experienced in the past. City of Huntington Beach A2 _ i AB 72-Provides HCD new broad authority to find a The is a compliance issue.As part of the jurisdiction's housing element out of substantial Housing Element,the City will have to ensure compliance if it determines that the jurisdiction fails to act the goals, policies and objectives in compliance with its housing element and allows HCD to implementation are a direct consideration refer violations of law to the attorney general. with adopting the Housing Element. City of Huntington Beach A3 �e t ` As of January 1, 2019, additional new laws have gone into effect in California. These newest statutory requirements amend and clarify existing adopted law and make additional efforts to increase housing production. 2019 Legislation and City Considerations LEGISLATIONOF • CONSIDERATIONS AB 2753-Seeks to expedite the processing of density This will influence the procedural aspects of bonus applications pursuant to the State Density identifying density bonus at the time of completeness Bonus Law.The State Density Bonus Law, originally of any application that certain entitlements are clearly enacted in 1979, requires an agency to grant a density articulated and approved. bonus and/or a certain number of concessions or i Policies and procedures will have to modified to incentives to developers who agree to construct accommodate this new law. developments that provide affordable housing and meet certain criteria.This year's amendments now require local governments to provide determinations to developers regarding the amount of density bonus for which a development is eligible,all reductions in parking requirements for which the applicant is eligible and whether the applicant has provided adequate information for the local government to make a determination regarding any requested incentives,concessions,waivers or reductions in required parking.The law further requires such determinations to be based on the development project at the time the application is deemed complete and provides that the local government shall adjust the amount of density bonus and required parking based on any changes during the course of the development processing. AB 2372-Authorizes cities or counties to grant a Future use and analysis of sites related to mobility and developer of an eligible housing development under transportation improvements will result from the the State Density Bonus Law a floor area ratio bonus in application this law. lieu of a bonus based on dwelling units per acre.The Additionally, amendments to the City's fee ordinance floor area bonus is calculated based on a formula may be required to ensure the fee calculation prescribed in the new statute (i.e.,allowable complies with statute. residential base density x(site area in square feet/ 43,500)x 2,250).An eligible housing development under the law is a multifamily housing development that provides at least 20 percent affordable units, is located within a transit priority area or a half-mile from a major transit stop, meets requirements for the replacement of existing units and complies with height requirements applicable to the underlying zone.The law also prohibits cities and counties from imposing parking requirements in excess of specified ratios and allows an applicant for an eligible development to calculate impact fees based on square feet and not per unit. City of Huntington Beach A4 MA i LEGISLATIONOF • CONSIDERATIONS SB 1227-Extends the State Density Bonus Law to This may be applicable to student housing apply to student housing. It allows student housing associated with Goldenwest College. projects where at least 20 percent of the units are affordable for lower income students to receive a 35 percent density bonus.The law also provides that the development must provide priority to students experiencing homelessness.The density bonus under the law will be calculated based on the number of beds instead of units. AB 2797-Requires the State Density Bonus Law to be This law applies to Huntington Beach as they have harmonized with the California Coastal Act so that land within the Coastal Zone. both statutes can be given effect within the coastal zone to increase affordable housing in the coastal zone while protecting coastal resources and access. AB 3194- Makes three important revisions to This law may require the city to evaluate consistency strengthen the Housing Accountability Act(HAA).The with General Plan land use designations and the city HAA strictly limits local governments'authority to zoning classifications. If the City of Huntington Beach reject or restrict housing development projects that finds that additional land must be rezoned, it must comply with applicable objective general plan,zoning also be accompanied by amendments to the General and subdivision standards.The Legislature's reforms Plan land use. to the HAA in 2017 were one of the most significant elements of the 2017 housing package.This year,as revised by AB 3194,if the zoning for a project site is inconsistent with the general plan, a proposed housing development project cannot be considered "inconsistent" with a jurisdiction's zoning standards and cannot be required to seek a rezoning, as long as the project complies with the jurisdiction's objective general plan standards.Second, local agencies must now apply zoning standards and criteria to facilitate and accommodate development at the density allowed on the site by the general plan.Third,the Legislature declared its intent that a "specific,adverse impact on the public health and safety"—the only permissible basis on which a local government can reject or reduce the size of a project that complies with objective standards—will "arise infrequently." SB 765-Makes a series of"cleanup" revisions to SB Among the most helpful of this year's amendments is 35,the major streamlining law enacted in 2017,which the Legislature's explicit statement that the California requires localities to grant a streamlined ministerial Environmental Quality Act(CEQA)does not apply to approval to housing projects that meet the locality's the agency's determination of whether an application objective standards,commit to provide prevailing for a development is subject to the streamlined wage labor and provide a specified amount of ministerial approval process—eliminating one affordable housing,among other criteria. argument housing opponents have used to try to avoid the effect of SB 35. City of Huntington Beach A5 Kimley 0 Horq 1 nn. 77n44 nnnn LEGISLATIONOF, • CONSIDERATIONS AB 2263-Authorizes parking reductions for a development While not germane to the Housing Element,this project in which a designated historical resource is being may impact historic structure reuse in the city, converted or adapted. For projects converting or adapting which could conceivable be reused and require a designated historical resource to a residential use that is reduced parking,which may influence the type located within a half-mile of a major transit stop,an and extent of conversions. agency shall not require the project to provide parking spaces greater than the number of parking spaces that existed on the project site at the time the project application was submitted. For a project converting or adapting a designated historical resource to a nonresidential use,a local agency shall provide a 25 percent reduction in the amount of parking spaces that would otherwise be required. AB 2162-Requires supportive housing to be considered a By-right zoning will potentially require updates use"by right" in zones where multifamily and mixed uses to the city's zoning ordinance,and policies and are permitted, including nonresidential zones permitting programs in the housing element. Because of multifamily uses,if the proposed housing development the by-right requirement,areas that do not meets specified criteria.Supportive housing is housing contain any or have limited supportive housing, linked to an onsite or offsite service that assists the this type of use may become more prevalent in resident in retaining the housing, improving his or her the City over time. health status and ability to live and work in the Especially in Huntington Beach,where a variety community. Qualifying criteria relates to affordability, of multi-family, mixed use and nonresidential long-term deed restrictions, nonresidential floor use zones exist. providing supportive services and other design requirements. The law requires a local government to approve,within specified periods, supportive housing developments that comply with these requirements.The law prohibits the local government from imposing any minimum parking requirement for units occupied by supportive housing residents if the development is located within a half-mile of a public transit stop. AB 829-Prohibits local governments from requiring a The City of Huntington Beach will have to developer of obtain a letter of acknowledgment or similar consider the procedural aspect of the document prior to applying for state assistance for a entitlement process to ensure compliance housing development.The law defines state assistance as with this new law.This may require new any state funds,a state tax credit or a federal tax credit programs in the Housing Element to comply administered by the state.The legislative analysis for the with law. bill explained that in at least one case in the state,city council members have delayed projects for supportive housing requiring financial assistance by conditioning a project to receive official sign-off from the local elected official in order to receive funding.This law ends that practice for all jurisdictions. City of Huntington Beach A6 Kimley>>>Horq I MMI ��n4 4 nnnn 1 LEGISLATIONOF • CONSIDERATIONS SB 828/AB 1771-Makes several changes to the Regional SB 828 has a few distinct requirements to Housing Needs Assessment(RHNA) process to use more report in Housing Elements: data to more accurately and fairly reflect job growth and . Defines a "healthy"vacancy rate as housing needs,with an emphasis on fair housing goals. no less than 5% RHNA is the process to identify the total number of housing units and income levels that each jurisdiction . Prohibits using past production of must accommodate in its housing element.The RHNA units or stable population growth to process has been in the spotlight recently due to claims justify reduced housing goals that some cities have artificially low RHNA targets due to a politically driven process. New amendments revise the • Identify no. of cost burdened households data that the council of governments(the entities that Based on the analysis of the bill, it is likely this determine RHNA targets) must provide to HCD as part of will increase the RHNA need for Huntington the RHNA process.That data must now include new Beach, especially in low-and moderate- information regarding overcrowding rates,vacancy rates income households. and cost-burdened housing(among other new data AB 1771 may provide a more transparent points). process for the City and ultimately the ability to This law adds more opportunities for public comment and HCD adjustments to the council of governments' accommodate RHNA by providing more methodology for selecting RHNA targets, as well an ability structure to the allocation process. for local governments to appeal RHNA targets. Because of considerable overlap amongst these Additionally,the law prohibits a council of governments two bills, it is likely that clean up legislation will from using prior underproduction of housing,or stable occur in the future. population numbers, as justification for a determination or reduction in a local government's share of the RHNA. AB 686-Requires a public agency to administer its This law requires the City of Huntington Beach to programs and activities relating to housing and community include an assessment of Fair Housing practices development in a manner to affirmatively further fair in the City and to"affirmatively further fair housing and not take any action that is inconsistent with housing".With no official guidance of the this obligation. "Affirmatively furthering fair housing" interpretation of this law and to the extent of means, among other things, "taking meaningful actions... what an "assessment"includes, beyond what is that overcome patterns of segregation and foster inclusive identified in Gov Code Section 65583 et seq.the communities"and "address significant disparities in AFFH the City will utilize its efforts as a HUD housing needs and in access to opportunity."Additionally, grantee jurisdiction to provide much of this data. an assessment of fair housing practices must now be Kimley-Horn believes this law may require included in upcoming housing elements. additional guidance from the state to further define how the housing element would satisfy the provisions of this law in the Housing Element policy program. SB 1333-Makes charter cities(those governed by a city As a general law, Huntington Beach will not be charter document rather than by general law)subject to affected by this law. several planning laws that previously only applied to general law cities.These include laws related to general plan amendment processing, accessory dwelling unit permitting and the preparation of housing elements. Notably,the new law now requires a charter city's zoning ordinances to be consistent with its adopted general plan. City of Huntington Beach A7 Kimley>»Hong I fill/ 7In4 4 nnnn LEGISLATIONOF • CONSIDERATIONS AB 1919-Recognizes that under current prohibitions While not germane to the Housing Element,this against"price gouging," landlords cannot raise rents by law will still apply to the City of Huntington Beach more than 10 percent within 30 days of a declared if events such as fire,flood,or any other type of disaster, but the prohibition does not apply to rental state declared disaster occur. properties that were not on the market at the time of the emergency.This new law expands the existing crime of price gouging to include new rentals that were not on the market at the time of the emergency within the types of goods and services that are price-controlled in the immediate aftermath of an emergency.The law also makes other related reforms to limit rent increases and evictions following an emergency. AB 2913-Extends the duration of a building permit from This law will affect how the city counts"in the six months(180 days)to 12 months, as long as construction pipeline" projects for RHNA purposes and may has started and has not been abandoned.The law also require procedural modifications in the City's provides that a permit is subject to the building standards current entitlement process. in effect on the date of original issuance, and if the permit does expire,the developer may obtain approval from the local building official for one or more six-month extensions. SB 330—Limits a jurisdiction's ability to change This law is intended to streamline the development standards and zoning applicable to the development process by removing potential project once a "preliminary application"is submitted. governmental constraints during through the Amends the Permit Streamlining Act to specify what development process and providing more surety constitutes a "preliminary application" and states that a for developers regarding fess and timeline. jurisdiction has one chance to identify incomplete items in an initial application,and after that may not request any new information. Prevents jurisdictions from increasing exactions or fees during a project's application period,and only allows such increases if the resolution or ordinance establishing the fee calls for automatic increases in the fee over time. Prohibits jurisdictions from conducting more than 5 hearings if a proposed housing project complies with the applicable,objective general plan and zoning standards in effect at the time the application is deemed complete. Prohibits a jurisdiction from enacting development policies,standards or conditions that would change current zoning and general plan designations of land to"lessen the intensity of housing";from placing a moratorium or similar restrictions on housing development;and from limiting or capping the number of land use approvals or permits.Creates the Housing Accountability Act. AB 1763—Creates enhanced density bonus options, Added density bonus options for projects within including a potential 80%increase in base density and the City that consist of 100%affordable housing. unlimited density bonuses for qualifying projects within a half-mile of a major transit stop.Applies only to projects that consist of 100%affordable housing(no more than 20% City of Huntington Beach A8 Kim Iey,,>>Horg 1 Mr1/ 77n4 4 nnnn 1 LEGISLATIONOF • CONSIDERATIONS moderate-income,and the rest for lower-income). AB 1485—Clarifies that the calculation to determine if a Clarifies guidance around the eligibility of project qualifies for SB 35 where it consists of two-thirds projects to qualify for SB 35 and the City's residential excludes underground space. Clarifies that the responsibilities for review of applicable projects. 3-year expiration for SB 35 approval in case of litigation expires 3 years after a final judgment upholding the approval and clarifies that the approval also remains valid as long as vertical construction has begun and is in progress. Clarifies that local governments must issue subsequent permits without unreasonable delay,as long as those subsequent permit applications substantially comply with the approved SB 35 permit. Clarifies that a project complies with SB 35's qualifying criteria as long as"there is substantial evidence that would allow a reasonable person to conclude"that the development qualifies. Clarifies that under existing law,SB 35 projects are entitled to protection under the Housing Accountability Act. AB 1483—Requires local agencies to make information New requirements for the City to develop and available on housing development fees,applicable zoning publish materials relating to the development of ordinances and standards, annual fee reports and archived housing. Much of this information is publicly nexus fee studies. Requires cities to clearly post their available but may need to be revised to meet the impact fee schedules and nexus studies. HCD will be requirements of state law. required to prepare a 10-year housing data strategy that identifies the data useful to enforce existing housing laws and inform state housing policymaking. AB 101—Effective as of July 31, 2019. Requires local This bill requires the City to allow by-right governments to provide"by right," CEQA-exempt development for qualifying developments aimed approvals to certain qualifying navigation centers that at transitioning homeless residents into move homeless Californians into permanent housing. permanent housing.Also increases the penalties Creates additional incentives for cities to comply with their for cities not in compliance with State Housing mandates to plan for enough housing under housing Element law. element law. Creates steep penalties for cities that refuse to comply with Housing Element law and ties financial incentives to cities that adopt"pro-housing" policies. AB 1560—Broadens the definition of a "major transit stop" The City has several Transit Priority Areas as to include bus rapid transit. Provides that projects located determined by SCAG on the westside near Harbor within a% mile of a qualifying bus rapid transit stop may Boulevard and in the South Coast Metro area. qualify for parking reductions,CEQA infill housing, Projects within these areas may qualify under AB aesthetic and parking exemptions,SB 375 streamlining for 1560. qualifying transit priority projects and a less than significant VMT impact presumption.Applies to local incentives. City of Huntington Beach A9 Kim ley>»Horg r nnl ��n4 a nnnn 1 LEGISLATIONOF • CONSIDERATIONS SB 744—Streamlines the approval process for supportive Development streamline approvals. housing projects by clarifying that a decision to seek funding through the No Place Like Home program is not a project for the purpose of CEQA. AB 68-Allows 2 ADUs on a single lot,as well as multiple Promotes the development of ADUs and places ADUs on multifamily lots. Requires local agencies to restrictions on City's ability to discourage the approve or deny an ADU project within 60 days. Restricts development of ADUs. local agencies' ability to adopt certain ordinances that would discourage ADUs. AB 881-Restricting local jurisdictions' permitting criteria. The City must develop and apply a streamlined Clarifies that ADUs must receive streamlined approval if approval process for ADUs and eliminates the constructed in existing garages. Eliminates local previous owner-occupancy requirement. jurisdictions'ability to require owner-occupancy for 5 years. SB 13-Sunsets on January 1, 2025. Creates a tiered fee May require the City to update their ADU structure which charges ADUs more fairly based on their development fees. size and location. Prohibits local jurisdictions from imposing impact fees on ADUs under 750 square feet. Prohibits conditional approval of an ADU on the applicant being an "owner-applicant." AB 587-Provides that local jurisdictions may allow ADUs to Allows ADUs to be sold separately from a primary be sold or conveyed separately from a primary residence if residence if conditions are met. certain conditions are met.Allows affordable housing organizations to sell deed restricted ADUs to eligible low- income homeowners. AB 670-Prevents homeowners'associations from barring This is not under the control of the City but ADUs.Allows reasonable restrictions. facilitates further development of ADUs. AB 671-Requires local governments to include in their The City will be required to address methods and housing plans to incentivize and promote the creation of strategies to promote development of ADUs affordable ADUs. Requires HCD to develop a list of state within the Housing Element document through grants and financial incentives for ADU development and policies and goals. post it by Dec. 31, 2020. AB 1255-Requires cities and counties to report to the The City will be required to track and report state an inventory of its surplus lands in urbanized areas. qualifying parcels to the State. Requires the state to include this information in a digitized inventory of state surplus land sites. We have applied the new statutory requirements stated above and have negotiated with HCD and developed workable solutions since these new laws have been adopted. We feel confident that the City of Huntington Beach will benefit for our recent work and avoid any unnecessary effort during the certification process. City of Huntington Beach Al KimIey>»Horg I nM) ��n4 4 nnnn 1 Requested Modifications to Terms and Conditions Kimley-Horn has reviewed the sample Professional Services Contract and requests the following modifications. 3. TERM; TIME OF PERFORMANCE This Agreement is made in anticipation of conditions permitting continuous and orderly progress through completion of services. Times for performance shall be extended as necessary for delays or suspensions due to circumstances that the CONSULTANT does not control. CONSULTANT shall not have liability for any delays, expenses, losses, damages or be deemed in breach which are caused by any factor outside of its reasonable control, including but not limited to natural disasters, epidemics (including COVID 19), adverse weather, or acts of the CITY, third parties, or governmental agencies. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, withe t limitatie,, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged RegligeRt) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the Sete-negligence or willful misconduct of CITY. CONSULTANT will conduct all defense of its sere Gent and exp8Rse and CITY shall approve selection of CONSULTANT's counsel for claims for which Consultant is required to indemnify hereunder. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. City of Huntington Beach Al Kim[ey>>>i orp i mmi ��n4� nnnn 1 EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: Kimle,, Principal $275/hour Senior Planner $168/hour Associate Planner $130/hour Assistant Planner/ $110/hour Graphics Admin Support $110/hour B. Travel Charges for time during travel are not reimbursable. C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion, 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of 1 Exhibit B 104 performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein, 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 Exhibit B 105 EXHIBIT "B" Payment Schedule (Fixed Fee Payment) I. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Exhibit B 106 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND KIMLEY-HORN AND ASSOCIATES, INC. FOR PREPARATION OF THE 2021-2029 GENERAL PLAN HOUSING ELEMENT UPDATE Table of Contents 1 Scope of Services.....................................................................................................1 2 City Staff Assistance................................................................................................2 3 Term; Time of Performance.....................................................................................2 4 Compensation ..........................................................................................................2 5 Extra Work...............................................................................................................2 6 Method of Payment..................................................................................................3 7 Disposition of Plans, Estimates and Other Documents ...........................................3 8 Hold Harmless .........................................................................................................3 9 Professional Liability Insurance.............................................................................4 10 Certificate of Insurance............................................................................................5 11 Independent Contractor............................................................................................6 12 Termination of Agreement.......................................................................................6 13 Assignment and Delegation......................................................................................6 14 Copyrights/Patents...................................................................................................7 15 City Employees and Officials..................................................................................7 16 Notices.........................................................................................7 17 Consent ....................................................................................................................8 18 Modification.............................................................................................................8 19 Section Headings .....................................................................................................8 20 Interpretation of this Agreement..............................................................................8 21 Duplicate Original....................................................................................................9 22 Immigration...............................................................................................................9 23 Legal Services Subcontracting Prohibited................................................................9 24 Attorney's Fees..........................................................................................................10 25 Survival.....................................................................................................................10 26 Governing Law.........................................................................................................10 27 Signatories.................................................................................................................10 28 Entirety......................................................................................................................10 29 Effective Date.................................................................................11 107 Client#: 25320 KIMLHORN DATE(MM/DD/YYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 1 8/20/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Jerry Noyola Greyling Ins. Brokerage/EPIC PHONE 770-552-4225 Fa No; 866-550-4082 A/C,No,Ext 3780 Mansell Road, Suite 370 E-MAIL er no ola re Iln com ADDRESS: J ry* Y @g Y g Alpharetta,GA 30022 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:National Union Fire Ins.Co. 19445 INSURED INSURER B:Aspen American Insurance Company 43460 Kimley-Horn and Associates, Inc. INSURER C:New Hampshire Ins.Co. 23841 421 Fayetteville Street, Suite 600 INSURER D:Lloyds of London 085202 Raleigh, NC 27601 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: 20-21 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR TYPE OF INSURANCE ADDL SUBR. POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MM/DDIYYYY A X COMMERCIAL GENERAL LIABILITY 5268169 04/01/2020 04/01/2021 EACHOCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES Ea occurrence $500,000 X Contractual Liab MED EXP(Any one person) s25,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 �X1 PRO- POLICY JECT X LOC POLICY I PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY li'ED AS TO FORM Ea accident - $ a A 4 04/01/2020 04/01l2021 2 000,00 X ANY AUTO BODILY INJURY(Per person) $ AUTOS ONLY AUTOS y: OWNED SCHEDULED _ BODILY INJURY(Per accident) $ f' ' HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY MICHAEL E.GATES Per accident $ Cm ATTORNEY $ B UMBRELLA LIAB X OCCUR 6X005FT EACH 04/01/2020 04/01/2021 EACH OCCURRENCE $5 OOO OOO X EXCESS LIAR CLAIMS-MADE AGGREGATE $5 OOO 000 DED I X RETENTION$O ER I $ C WORKERS COMPENSATION 015j893685 (AOS) 4/01/2020 04101/2021 X STATUTE.._ ORTH- AND EMPLOYERS'LIABILITY A ANY PROPRIETOR/PARTNEWEXECUTIVEO 015893686(CA) 04/01/2020 04/01/2021 E.L.EACH ACCIDENT $1 000,000 OFFICERIMEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 D Professional Liab B0146LDUSA2004949 04/01/2020 04/01/2021 Per Claim $2,000,000 1 Aggregate $2,000,000 IT. - DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re: Housing Element Update; D. Barquist.The City of Huntington Beach, its officers,elected or appointed officials,employees,agents and volunteers are named as Additional Insureds with respects to General& Automobile Liability where required by written contract.Waiver of Subrogation in favor of Additional `.Ei'i'ROVED AS TO F O M Insured(s)where required by written contract&allowed by law. Should any of the above described policie be cancelled by the issuing insurer before the expiration date thereof, 30 days'written notice (except:l tTc,HAEL E. days for nonpayment of premium)will be provided to the Certificate Holder. CITY ATTORNEY CERTIFICATE HOLDER CANCELLATION `-' City of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Y g THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Insurance Administrator ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE O 1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) 1 of 1 The ACORD name and logo are registered marks of ACORD 152 #S2351321/M2102751 JNOY1 POLICY NUMBER: 5268169 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations —� ANY PERSON OR ORGANIZATION WHOM YOU IPER THE CONTRACT OR AGREEMENT. I BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. i E I Information required to complete this Schedule, if not-shown above, will be shown in the Declarations, A. Section 11 - Who Is An Insured is amended to that which you are required by the contract include as an additional insured the person(s) or or agreement to provide for such additional organization(s) shown in the Schedule, but only insured. with respect to liability for "bodily injury", B. With respect to the insurance afforded to these "property damage" or "personal and advertising additional insureds, the following additional injury" caused, in whole or in part, by: exclusions apply: 1. Your acts or omissions; or This insurance does not apply to "bodily injury" 2. The acts or omissions of those acting on or "property damage" occurring after: your behalf; 1. All work, including materials, parts or in the performance of your ongoing operations equipment furnished in connection with such for the additional insured(s) at the location(s) work, on the project (other than service, designated above. maintenance or repairs) to be performed by or on behalf of the additional insured(s) at However; the location of the covered operations has 1. The insurance afforded to such additional been completed; or insured only applies to the extent permitted 2. That portion of "your work" out of which by law; and the injury or damage arises has been put to 2. if coverage provided to the additional its intended use by any person or insured is required by a contract or organization other than another contractor or agreement, the insurance afforded to such subcontractor engaged in performing additional insured will not be broader than operations for a principal as a part of the same project, CG 20 10 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 2 13 153 C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III - Limits Of Insurance: whichever is less. If coverage provided to the additional insured is required by a contract or agreement, the most This endorsement shall not increase the we will pay on behalf of the additional insured applicable Limits of Insurance shown in the is the amount of insurance: Declarations. 1. Required by the contract or agreement; or Page 2 of 2 0 Insurance Services Office, Inc., 2012 CG 20 10 04 13 ❑ 154 POLICY NUMBER: 5268169 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFVLLY, ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL. GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Nariie Oi Addiiionai Insured Person(s) I Location And Description Of Completed Operations Or Organization(s) ANY PERSON OR ORGANIZATION PER THE CONTRACT OR AGREEMENT, WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO, 1 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section (i • Who Is An Insured is amended to which you are required by the contract or include as ar) additional insured the personls) or agreement to provide for such additional organization(s) shown in the Schedule, but only insured. with respect Co liability for "bodily injury" or B. With respect to the insurance afforded to these "property damage" caused, in whole or in part, additional insureds, the following is added to by "your work" at the location designated and Section III - Limits Of insurance: described in the Schedule of this endorsement If coverage provided to the additional insured is performed for that additional insured and required by a contract or agreement, the most included in the "products completed operations we will pay on behalf of the additional insured hazard". is the arnount of insurance; F-lowever: 1, Required by the contract or agreement; or 1. The insurance afforded to such additional 2. Available under the applicable Limits of Insu- insured only applies to the extent permitted ranee shown in the Declarations; by law; and whichever is less. 2. If coverage provided to the additional insured is required by a contract or agree- This endorsement shall not increase the appli- ment, the insurance afforded to such addi- cable Limits of Insurance shown in ?he L�ecla tional insured will not be broader than that rations. CG 20 37 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 1 CJ 155 Switzer, Donna From: Fikes, Cathy Sent: Monday, October 19, 2020 8:25 AM To: Agenda Alerts Subject: FW: Item #20 on City Council Agenda for 10/19/20 From: Kathy Carrick<carrick92647@hotmail.com> Sent:Sunday, October 18, 2020 7:31 PM To: CITY COUNCIL<city.council@surfcity-hb.org> Subject: Item #20 on City Council Agenda for 10/19/20 Dear City Council Members, I am writing to strongly object to item #20 on the agenda. I think it is outrageous that HB is planning to spend over ONE HALF OF ONE MILLION DOLLARS to hire a biased consultant to work with city staff on items that should be within the scope of the job descriptions of the HB employees. Residents have told you time after time that we do not want what Kimley-horn will be offering. STOP WASTING OUR HARD EARNED TAX DOLLARS! VOTE NO ON ITEM #20! Respectfully, Kathy Carrick HB Resident/Taxpayer SUPPLEMENTAL COMMUNICATION Meeting Date: /O o/ Agenda fte(n No.: