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CD Planning Services 2021 (unsigned)AGREEMENT FOR PROFESSIONAL PLANNING SERVICES This Agreement is made and entered into this day of 2021, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and Barry J. Miller, FAICP (hereinafter "CONSULTANT"). RECITALS WHEREAS, by State law, the CITY is required to adopt, maintain, and implement a Housing Element, a required element of the citywide General Plan. The Housing Element is updated every eight (8) years and must address the CITY's share of the Regional Housing Needs Allocation (RHNA). The planning for the next Housing Element Update cycle (2023-2031) has commenced and the CITY has received a draft RHNA share of 3,220 housing units; and WHEREAS, the CITY will assign the Community Development Department Housing Analyst to oversee and assist in the preparation and adoption of the Housing Element Update. However, given the complexity of this next Housing Element Update, it is necessary for the CITY to hire a planning consultant that is experienced in Housing Element authorship and management, as well as the State laws that are critical to completing this task. Further, it is imperative that the planning consultant selected to provide this service be familiar with CITY housing policies and the community at large; and WHEREAS, Barry J. Miller, FAICP (CONSULTANT) offers the services and skills needed to assist the CITY in preparing and adopting the Housing Element Update 2023-2031. Further, with CONSULTANT'S recent work authoring and managing the General Plan 2040 and Downtown Precise Plan, it is logical and practical to hire CONSULTANT to provide this service to the CITY. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: PROJECT COORDINATION. A. CITY'S Project Manager. The Community Development Director is hereby designated the PROJECT MANAGER for the CITY and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. During the preparation of the Housing Element Update 2023-2031, PROJECT MANAGER may choose to assign or delegate this supervisorial role to the Housing Element Project Manager. B. CONSULTANT'S Project Director. CONSULTANT shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONSULTANT. Barry J. Miller, FAICP is hereby designated as the PROJECT DIRECTOR for CONSULTANT. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONSULTANT shall notify the CITY within ten (10) business days of the substitution. 2. DUTIES OF CONSULTANT. CONSULTANT, as Project Manager shall perform the duties and/or provide services needed to author and complete the Housing Update for adoption by the CITY as specified in the scope of services ("Scope of Work") presented in Exhibit A, attached herein. 3. DUTIES OF CITY. CITY shall pay the hourly billing rate compensation as provided in Paragraph 4 of this Agreement. CITY shall provide a workspace for CONSULTANT, background information, oversight direction, network and computer access and other materials necessary for CONSULTANT to perform the required duties. 4. COMPENSATION. For performance of the services pursuant to this Agreement, CONSULTANT shall bill for services on a time and material basis, as work is completed. CONSULTANT's billing rate shall be $135.00 per hour, and any reimbursable expenses shall be billed at cost, with not administrative mark up. As presented in Exhibit A, attached herein, the Agreement authorizes a not -to -exceed budget of $124,745.00. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONSULTANT. 5. TERM OF AGREEMENT. The term of this Agreement shall be for two (2) years commencing on April 20, 2021 and ending on April 20, 2023. Upon mutual agreement of the parties, and subject to the approval of the City Manager the term of this Agreement may be extended for an additional period of up to one (1) year. 6. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) daytime period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials Professional Services Agreement Between City of San Rafael and Bary J. Miller 2 provided to CONSULTANT and any and all of CONSULTANT's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 7. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONSULTANT in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. 8. INSPECTION AND AUDIT. Upon reasonable notice, CONSULTANT shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONSULTANT in connection with its performance of its duties under this Agreement. CONSULTANT shall fully cooperate with CITY or its agent in any such audit or inspection. 9. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 10. INSURANCE. A. Scope of Coverage. During the term of this Agreement, CONSULTANT shall maintain, at no expense to CITY, the following insurance policies: 1. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage. 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence. 4.5. If it employs any person, CONSULTANT shall maintain worker's compensation insurance, as required by the State of California, with statutory limits, and Professional Services Agreement Between City of San Rafael and Barry J. Miller employer's liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease. CONSULTANT's worker's compensation insurance shall be specifically endorsed to waive any right of subrogation against CITY. B. Other Insurance Requirements. The insurance coverage required of the CONSULTANT in subparagraph A of this section above shall also meet the following requirements: 1. Except for worker's compensation insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additional insureds (for both ongoing and completed operations) under the policies. 2. The additional insured coverage under CONSULTANT'S insurance policies shall be "primary and noncontributory" with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution. The "primary and noncontributory" coverage in CONSULTANT'S policies shall be at least as broad as ISO form CG20 0104 13. 3. Except for professional insurance, the insurance policies shall include, contractual liability and personal injury. liability insurance or worker's compensation in their text or by endorsement, coverage for 4. By execution of this Agreement, CONSULTANT hereby grants to CITY a waiver of any right to subrogation which any insurer of CONSULTANT may acquire against CITY by virtue of the payment of any loss under such insurance. CONSULTANT agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer. 5. if the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured. 8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to CITY or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds Professional Services Agreement Between City of San Rafael and Barry J. Miller 4 available to the named insured; whichever is greater. No representation is made that the minimum Insurance requirements of this agreement are sufficient to cover the obligations of the CONSULTANT under this agreement. C. Deductibles and SIR's. Any deductibles or self-insured retentions in CONSULTANT's insurance policies must be declared to and approved by the PROJECT MANAGER and City Attorney and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY or other additional insured party. At CITY's option, the deductibles, or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees, and defense expenses. D. Proof of Insurance. CONSULTANT shall provide to the PROJECT MANAGER or CITY'S City Attorney all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements from CONSULTANT. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. 11. INDEMNIFICATION. A. Except as otherwise provided in Paragraph B., CONSULTANT shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold harmless CITY, its officers, agents, employees and volunteers (collectively, the "City Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively "CLAIMS"), caused by CONSULTANT'S performance of its obligations or conduct of its operations under this Agreement. The CONSULTANT's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the CONSULTANT's indemnification obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the CONSULTANT's work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONSULTANT's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding caused by CONSULTANT'S performance of or operations under this Agreement, CONSULTANT shall provide a defense to the City Indemnitees or at CITY'S option reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims. B. Where the services to be provided by CONSULTANT under this Agreement are Professional Services Agreement Between City of San Rafael and Bary J. Miller design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.8, then, to the extent permitted by law including without limitation, Civil Code sections 2782, 2782.6 and 2782.8, CONSULTANT shall indemnify and hold harmless the CITY and its officers, officials, and employees (collectively City Indemnitees) from and against damages, liabilities or costs (including incidental damages. Court costs, reasonable attorney's fees as may be determined by the Court, litigation expenses and fees of expert witnesses incurred in connection therewith and costs of investigation) to the extent they are caused by the negligence, recklessness, or willful misconduct of CONSULTANT, or any subconsultants, or subcontractor or anyone directly or indirectly employed by them, or anyone for whom they are legally liable (collectively Liabilities). Such obligation to hold harmless and indemnify any indemnity shall not apply to the extent that such Liabilities are caused in part by the negligence or willful misconduct of such City Indemnitee. C. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the full period of time allowed by law. 12. NONDISCRIMINATION. CONSULTANT shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 13. COMPLIANCE WITH ALL LAWS. CONSULTANT shall observe and comply with all applicable federal, state, and local laws, ordinances, codes, and regulations, in the performance of its duties and obligations under this Agreement. CONSULTANT shall perform all services under this Agreement in accordance with these laws, ordinances, codes, and regulations. CONSULTANT shall release, defend, indemnify, and hold harmless CITY, its officers, agents, and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 14. NO THIRD -PARTY BENEFICIARIES. CITY and CONSULTANT do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 15. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the Professional Services Agreement Between City of San Rafael and Barry J. Miller date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY's Project Manager: TO CONSULTANT's Project Director: 16. INDEPENDENT CONTRACTOR. Alicia Giudice City of San Rafael 1400 5`h Avenue, Yd floor San Rafael, CA 94901 Barry J. Miller, FAICP 817 Alvarado Road Berkeley, CA 94705 For the purposes, and for the duration, of this Agreement, CONSULTANT, its officers, agents, and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONSULTANT and CITY expressly intend and agree that the status of CONSULTANT, its officers, agents, and employees be that of an Independent Contractor and not that of an employee of CITY. 17. ENTIRE AGREEMENT -- AMENDMENTS. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONSULTANT and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONSULTANT and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 18. SET-OFF AGAINST DEBTS. CONSULTANT agrees that CITY may deduct from any payment due to CONSULTANT under this Agreement, any monies which CONSULTANT owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks, or other amounts. Professional Services Agreement Between City of San Rafael and Barry J. Miller 19. WAIVERS. The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement, or of any ordinance, law, or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law, or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law, or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance, or regulation. 20. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 21. CITY BUSINESS LICENSE / OTHER TAXES. CONSULTANT shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code CONSULTANT shall pay any and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any work performed under this Agreement, until CONSULTANT has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 22. SURVIVAL OF TERMS. Any terms of this Agreement that by their nature extend beyond the term (or termination) of this Agreement shall remain in effect until fulfilled and shall apply to both Parties' respective successors and assigns. 23. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. 24. COUNTERPARTS AND ELECTRONIC SIGNATURE. This Agreement may be executed by electronic signature and in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one document. Counterpart signature pages may be delivered by telecopier, email or other means of electronic transmission. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. Professional Services Agreement Between City of San Rafael and Barry J. Miller CITY OF SAN RAFAEL CONSULTANT - By: -- - - JIM SCHUTZ, City Manager Name: Title: ATTEST: [If CONSULTANT is a corporation, add signature of second corporate officer] LINDSAY LARA, City Clerk APPROVED AS TO FORM: Name: Title: ROBERT F. EPSTEIN, City Attorney Exhibit A: Proposal for Services on San Rafael Housing Element; letter to City of San Rafael from Barry J. Miller FAICP, March 16, 2021 Professional Services Agreement Between City of San Rafael and Barry J. Miller loom.. . . Barry J Miller, FAICP i � '" �l I'l�jrJ ail Alvarado Road Miller BerkeleV, CA 94705 510-847-0068 A1CP ❑ ❑ barry@barrymiliennet urban r environmental plann ng March 16, 2021 Paul Jensen, Community Development Director Alicia Giudice, Planning Manager City of San Rafael 1400 Fifth Avenue San Rafael, CA 94901 Re: Proposal for Services on San Rafael Housing Element Dear Paul and Ali - I am pleased to submit this proposal for services on the San Rafael 2023-2031 Housing Element. My familiarity with San Rafael, recent work on General Plan 2040 and the Downtown Precise Plan, and experience preparing Housing Elements for other Bay Area cities will ensure that the project is completed efficiently and cost-effectively. Attached to this letter is a Scope of Work that can be appended to a Professional Services Agreement. I would be happy to modify the scope and budget based on your feedback. There are two ways to proceed with this project: (1) a continuation of my current work arrangement on the General Plan, in which I serve as an extension of staff and run the project from the City side; and (2) a more traditional consultant contract in which I serve as the prime consultant, retain (and pay) subcontractors to perform specific tasks, and report to a City -designated staff member who serves as your "project manager." My preference is to go with the first option, which has worked well for General Plan 2040. 1 would serve as the City's project manager and as the author of the Element, retaining my City email and phone line, and serving as the City's contract (in-house) project manager. This option presumes that any other contractors retained for the project are paid through separate Professional Services Agreements directly with the City rather than as my subcontractors. If the City wishes to pursue the second option (or another approach), please let me know and 1 can revise the scope and budget. The cost would be higher, as this would involve different billing rates and administrative costs associated with billing, payment, and direct management of subcontractors. Under the second option, I would assemble the full team now, and submit a proposal to the City as Barry Miller Consulting covering all services associated with the project. I have the capacity to perform most—but not all ---of the work necessary to complete the Housing Element. Supplemental consulting assistance will be needed for CEQA review, Spanish language outreach and engagement, and housing finance/ real estate economics. The City may also wish to engage an urban design/ visual simulation firm to illustrate housing possibilities on various sites, which can help the public visualize what is being proposed. The attached Scope of Services indicates the specific services that would be needed to cover these gaps and could provide the basis for solicitations from qualified consultants. Please note that the work scope assumes a small 6-8 member "Working Group" that would be convened roughly six times over the course of the project. It does not include a large Steering Committee similar to the committee convened for General Plan 2040. Additional input from stakeholder groups would be solicited through interviews, focus group meetings, and direct outreach to community organizations. The scope also includes regular meetings with the Planning Commission and City Council, at least one community meeting, and a citywide electronic survey. I am excited about the opportunity to continue my professional relationship with the City of San Rafael and can begin work on this project around May 1, once revisions to the General Plan 2040 have been completed. I am confident we can build on the momentum created by General Plan 2040 and the Downtown Precise Plan to produce a Housing Element that will be certified by the Department of Housing and Community Development and produces positive outcomes for San Rafael. Please let me know if I can clarify or modify any part of the attached scope and budget. Sincerely V Barry Miller, FAICP Principal EXHIBIT A: DRAFT SCOPE OF WORK: 2023 -2031 HOUSING ELEMENT Barry Miller will update the San Rafael Housing Element to meet the City's 2023-2031 Regional Housing Needs Allocation (RHNA). The specific tasks required to complete the Housing Element are listed below. The scope of work is based on the current (February 2021) Draft RHNA allocation of 3,220 units, including 857 very low-income units, 492 low-income units, 521 moderate -income units, and 1,350 above moderate -income units. This scope of work includes project management, liaison with HCD and stakeholders throughout the project, community engagement and Commission/ Council meetings, collecting and analyzing data, developing policies and programs, drafting the Housing Element, and facilitating Plan adoption. Services to be provided by other consultants are noted in the work scope in general terms and are in italicized font. Budgets for these "third party" services are not included, as they would be separately contracted. TASK 1: PROJECT MANAGEMENT AND ADMINISTRATION Barry Miller will provide project management services, including regular meetings with staff, management of project timelines and budgets, correspondence and email, and retention/ management of the other consultants who may participate in the process. This task also includes miscellaneous tasks related to "close-out" of General Plan 2040 that are beyond the amount budgeted in Barry's current contract. TASK 2: HOUSING ELEMENT KICK-OFF Barry Miller will provide the following services to start the Housing Element process: A. Kick -Off Meetings with City Staff. Barry will organize and conduct a series of meetings with City staff to initiate the project, including a discussion of City housing programs, key issues (such as homelessness, ADUs, new inclusionary standards, status of efforts to develop affordable units, and progress on housing production). B. Development of a Housing Element Update Webpage. The webpage will provide an overview of the project and timeline, FAQs on the Housing Element, relevant background documents and links, announcements of upcoming meetings, and opportunities for the public to provide feedback. C. Initial Outreach to HCD. Barry and City staff will virtually meet with the HCD staff member assigned to the project to discuss expectations, new Housing Element requirements, schedule, and protocol for HCD's engagement in the process. D. Initial Presentations to Planning Commission and City Council. Barry will provide a staff report and PowerPoint presentation for the Planning Commission and City Council introducing them to Draft Scope of Work: San Rafael 2023-2031 Housing Element _ 1 the project, the RHNA, and new State laws impacting housing elements. This will also provide an opportunity for feedback on key issues to be addressed during the project. E. Identification of Data Sources and Key Stakeholders. Barry will work with City staff to collect local data, identify key stakeholders and interest groups to consult, and gather documents and plans related to Housing, including past Annual Progress Reports. F. Set up Project Directories. Barry will set up project mailing lists and file directories. TASK 3: IMPLEMENT COMMUNITY ENGAGEMENT PROGRAM Sub -Task 3.1: Basic Engagement Program A. Maintain Project Website. As noted in Task 2, a project website will be created. Barry will maintain the website for the duration of the project, posting relevant content and managing any feedback that is submitted by the public. B. Housing Element Working Group. Barry Miller will assist the City in assembling a Housing Element "Working Group" comprised of 7-8 members. The Working Group would include a diverse group of members, potentially including (a) a developer/builder, (b) realtor/broker, (c) neighborhood (Federation) representative, (d) housing advocate, (e) social service organization, and (f) Latino community advocate, and (g) a Planning Commissioner, among others. Once members have been identified, Barry will convene up to six (6) meetings of the Working Group over a period of 10-12 months. The initial meetings would focus on issues, data, housing needs, and opportunities. The later meetings would focus on policy and program development. For budgeting purposes, the Working Group is presumed to be an ad hoc group that is more informally structured than the General Plan Steering Committee. It is presumed that this Group would not be formally appointed and subject to Brown Act requirements. It is further presumed the meetings will occur using Zoom and that meetings would end with completion of the HCD Review Draft and the beginning of the public review process. C. Interviews with Individual Stakeholders. Barry will meet with up to 12 individual housing stakeholders to identify and discuss housing issues, opportunities, constraints, and potential new policies and programs. These would likely be phone/ Zoom meetings. Some of these meetings could occur with small groups (3-5 persons) with similar interests, such as non-profit developers, neighborhood groups, environmental advocates, and social service providers. D. Planning Commission Study Sessions. Two meetings with the Planning Commission will be scheduled over the course of the project, 6e ore the HCD Review Draft is completed. This would provide an opportunity to brief the Commission on the project, consider points in the project. Each study session would include an opportunity for public comment and Commission discussion. Draft Scope of Work: San Rafael 2023-2031 Housing Element E. City Council Progress Reports. In addition to the kickoff meeting identified in Task 2, there would be two progress reports to the City Council delivered over the course of the project—likely in Fall 2021 and Winter 2021-22. These would be similar to the progress reports that have been provided throughout the General Plan Update. F. Community Survey. Barry Miller will design and implement an electronic survey on housing issues in San Rafael. The survey would be administered using the SurveyMonkey web application and would be advertised and promoted by the City in collaboration with various neighborhood and community groups. The purpose of the survey would be to measure public opinion on the City's housing needs and priorities, strategies for meeting those needs, ideas for housing sites, and potential funding sources for increasing the supply of affordable units. A Spanish-language option would be provided. Barry will evaluate survey findings and prepare a survey summary report. G. Community Workshops. At least two community workshops will be convened over the course of the project. Meetings would be recorded and could be streamed via YouTube for those unable to attend. The initial workshop would be held using a virtual (Zoom webinar) format and would include real-time electronic polling (and potentially break-out groups on different topics). The format for the second workshop would depend on public health protocols in effect at that time (likely early 2022—this could potentially be an in-person meeting). H. Pop -Up Workshops. At least two "pop-up" events will be planned, potentially at the Farmers Market or other City events that can engage passers-by in real-time conversations about housing issues. Attendance at Neighborhood, Community, and Stakeholder Group Meetings. As with General Plan 2040, Barry would be available to attend the regularly scheduled meetings of community groups, business groups, and advocacy groups to discuss the Housing Element. Barry has an established rapport with these groups through his work on the General Plan and is already familiar with their meeting formats. This could also include attendance at meetings of the Citizens Advisory Committee for Affordable Housing and Economic Development, in the event those meetings resume. J. Other Outreach Measures. As time and budget allow, Barry Miller will develop and implement other outreach measures. This could include a continuation of the City's partnership with Youth -In -Arts to engage San Rafael students in the design of the built environment, and potential partnerships with San Rafael City Schools to engage high school students in housing discussions. It could also include webinars (similar to those done for the PDAs and Historic Preservation Survey), "pinnable" on-line maps that enable the public to suggest housing sites, and short videos or video interviews. Sub -Task 3.2: Spanish Language Housing Outreach Initiative This task is not included in Barry Miller's scope, but it is recommended for inclusion in the overall work scope. The Housing Element Update provides an opportunity for the City to demonstrate its commitment to an equitable, diverse, and inclusive planning process. State law requires the City to engage "all economic Draft Scope of Work: San Rafael 2023-2031 Housing Element segments of the community" in its Housing Element and to "affirmatively further fair housing." The City's new General Plan EDI Element strongly advocates for programs that engage non-English speaking residents. This requires more than simply providing translation services at meetings or translating materials into Spanish—it requires culturally competent strategies that may be best implemented in tandem with community organizations and advocates. As demonstrated by the General Plan 2040 process, a partnership with a local organization such as Canal Alliance can leverage community connections to generate more authentic and meaningful input. Barry Miller will serve as the City's point of contact for this process and as a subject matter expert, but additional expertise and funding will be needed to complete this task. Fluency in Spanish, familiarity with local issues, and credibility within the community are important. Elements of the Spanish-language outreach program could include interviews, surveys, focus groups, workshops, and similar methods to solicit input. Options for doing this work might include a City contract with the Canal Alliance, Communities in Collaboration, Baird + Driskell (whose staff includes bilingual employees), relying on bilingual City staff, or retaining a bilingual facilitator. TASK 4: EVALUATION OF PREVIOUS (2015-2023) HOUSING ELEMENT Pursuant to statutory requirements, Barry Miller will complete a review of the current (2015-2023) Housing Element. This will include a comparison of planned objectives with actual achievements, as well as documentation of housing production between 2015 and 2021 by income type using the Annual Progress Report as a source. The effectiveness of each policy and action program will be evaluated and barriers to implementation will be identified. Recommendations will be made to improve the existing Element and add new policies addressing recent legislation. A summary of new housing legislation will be included. The work product will be a Memorandum, suitable for conversion into a Chapter of the 2023-2031 Housing Element. TASK 5: PREPARE HOUSING NEEDS ASSESSMENT The Housing Needs Assessment will provide the reader with a basic understanding of the major demographic and housing characteristics in the city. Trends in population, age, ethnicity, income, household type and size, tenure, total numbers of units, and housing affordability will be documented. Overpayment and overcrowding will be analyzed. The report will also cover the characteristics of persons with special housing needs, including the elderly, disabled, homeless, farmworkers, extremely low income, and single parent households. ABAG has already packaged much of this data for each city in the Bay Area. Their technical assistance package will be used as the starting point but will be supplemented by additional data from the Census, local business and real estate sources, and interviews. Where feasible, data will be mapped at the Census Tract or block group level to illustrate spatial patterns and areas of concentrated need. This task will also assess the City's efforts to conserve any subsidized housing at risk of converting to market rate, and the level of risk associated with expiring subsidies during the planning period. Draft Scope of Work: San Rafael 2023-2031 Housing Element The work product will be a Memorandum, suitable for conversion into a Chapter of the 2023-2031 Housing Element. TASK 6: HOUSING OPPORTUNITIES Sub -Task 6.1: Prepare Inventory of Adequate Sites Barry Miller will complete the state -mandated housing sites analysis. This will include projects that are entitled but not yet built, projects proposed but not yet entitled, and vacant and underutilized sites. The vacant and underutilized sites include those zoned exclusively for housing as well as those zoned for commercial and mixed uses or other activities where housing is allowed. Sites within the Downtown Precise Plan area will be separately tracked, and capacity estimates will be made using the Form Based Code and market data on typical unit size. The starting point for this analysis will be the 2015-2023 Housing Sites Inventory. Because veryfew changes were made to the Land Use Map when General Plan 2040 was prepared, most of this information is still accurate. However, the 2015 sites inventory identified capacity for 2,415 units, which is 805 units below the 2023-2031 RHNA. Moreover, the City must plan for a capacity "buffer" so that it does not experience a net loss of housing capacity for low and very low income households during the planning period. Practically speaking, the City will likely need to identify capacity for approximately 4,000 units. This is within the 4,400 unit "cap" modeled by the General Plan EIR but rezoning or changes in allowable heights and densities may still be required. Some of the sites identified in the 2015 Element may not be eligible to be carried forward based on new State requirements for opportunity sites. Each of the sites listed in the existing inventory will be field -checked to determine its current status, and if it meets HCD's current criteria for site adequacy. Key changes to the requirements since 2015 are as follows: • For non -vacant sites, any existing leases or contracts for current uses must be disclosed, and the City's experience with using previously developed sites for housing must be documented. Under new laws, the City may also need such evidence as letters of interest from property owners when adding sites. • Sites smaller than 0.5 acres (21,780 SF) are not considered suitable for lower income housing unless the City can demonstrate a track record of building affordable units on sites that size. A number of potential Downtown housing sites are impacted by this threshold. • Sites listed in the last element (or the last two elements for vacant sites) cannot be recounted unless they are zoned for by -right development for a project in which at least 20% of the units are affordable. • More detail on site constraints will be required. The product of this task will be an Excel data base that lists all sites, along with a summary report suitable for inclusion as a Chapter of the Housing Element. Documented attributes of each site will include street address, Assessor Parcel Number, General Plan and Zoning designations, existing use, maximum (and realistic) potential units per acre, total number of potential units, availability of utilities, Draft Scope of Work: San Rafael 2023-2031 Housing Element existing site commitments, owner interest in development, and any issues or constraints associated with reuse. The data base will factor in potential future production of accessory dwelling units (ADUs), based on building permit data and trends over the last five years. ADU potential will also be estimated by income category based on data on prevailing rents. As in the previous Housing Element, data on housing sites will be organized by site type. Major categories would include projects under construction or entitled, proposed projects, residential projects on vacant land, residential projects on underutilized land, mixed use projects on vacant land, mixed use projects on underutilized land, and ADUs/ Junior ADUs. An additional category may be created for projects that would require rezoning, including sites with light industrial/ office zoning that could support live -work development (e.g., through rezoning to Commercial districts or a zoning district comparable to Lindaro Mixed Use). An estimate of residential potential by income category will be developed. As needed, the City will consult with HCD to verify that all sites in the inventory may be counted, and that sites identified as appropriate for low and/or very low income housing are acceptable. Sub -Task 6.2: Opportunities for Office/Retail Conversion to Housing (Optional Task) This task is not included in Barry Miller's scope although he will facilitate the work if the City includes it in the project The COVID-19 pandemic has led to higher retail and office vacancy rates in San Rafael, as well as greater interest in converting vacant and/or underutilized commercial space to housing. Changes to the retail market started before the pandemic and have accelerated with the shift to on-line shopping. Some neighborhood shopping centers and big box stores may have a hard time attracting or retaining tenants in the future. The long-term impacts of the pandemic on the office market are unknown, but a continued trend toward telework is expected. Some office buildings may no longer be profitable for their owners, leading to proposals for residential conversions. The City has already received a proposal to convert an empty office building to "micro units" on Mitchell Boulevard, and will likely receive similar proposals in the future. Some of these proposals will be in zoning districts where housing is allowed, and some will be in Light Industrial/Office or General industrial districts where housing is not permitted. The intent of this task is to engage the City's contract housing economist (Baird + Driskell) and an urban designer (ideally a sole practitioner or small firm) in a series of pro forma/design exercises to test the feasibility of various residential types and densities on retail and office sites. This could include both conversions, and demolition and replacement scenarios. Housing types such as live -work and co -housing could also be explored in these scenarios. Community input would be an important part of this task as it could eventually lead to zoning revisions, new design and development standards, and new housing opportunities on sites not previously envisioned for housing. Input could be solicited through a workshop or open house, and through on-line forums and exercises. Input from the Planning Commission, DRB, and City Council would also be solicited. Draft Scope of Work: San Rafael 2023-2031 Housing Element TASK 7: EVALUATE CONSTRAINTS TO HOUSING DEVELOPMENT AND ENERGY PROGRAMS Barry Miller will complete the state -mandated constraints analysis. Attributes of zoning, such as minimum lot size standards, maximum densities, lot coverage requirements, parking standards, and use permit requirements, will be addressed, just as they were in the 2015-23 Element. Consistent with State law, the analysis will also address constraints to particular housing types, including accessory dwelling units, emergency shelters, SROs, and transitional housing. This task will also look at the building and permitting process in San Rafael, including factors such as processing times, locally unique building code standards, fees (compared to other cities), and site improvement requirements. Design review and subdivision standards also will be reviewed. Non-governmental constraints will be assessed as part of this task. These include traffic congestion, the availability of infrastructure, school capacity, and environmental constraints. As required by new Housing Element laws, this section also will examine constraints associated with NIMBYlsm and labor shortages. Barry Miller will also provide the State -required evaluation of energy conservation and efficiency, including green building standards and Title 24 requirements, opportunities for renewable energy and conservation assistance, weatherization programs, and reduced energy rates for lower income households. TASKS. ECONOMIC AND FINANCIAL RESOURCES, CONSTRAINTS/AFFIRMATIVELY FURTHERING FAIR HOUSING This task is not included in Barry Miller's budget, but it is recommended for inclusion In the overall work scope. It is presumed this work will be done by Baird + Driskell, in their capacity as the City's on- call housing consultant Barry Miller will coordinate the work and provide quality control and assurance for all work products. Ultimately, Barry will integrate the contents into the City's Housing Element. The Constraints Analysis includes an evaluation of financial and economic constraints to development. This includes land and construction costs, and issues surrounding financing and mortgage lending practices. The economic/financial consultant would provide this analysis. The same consultant would also provide an analysis of financial and administrative resources, including State and federal housing programs, tax credits, non-profit development, and various City and County programs. The consultant also would provide the state -mandated analysis of fair housing in San Rafael, utilizing data from the 2020 Marin County impediments to Fair Housing Report and other local data. The findings of Task 8 will be summarized in a working paper. Components of the working paper will be incorporated into the appropriate chapters of the Housing Element when the document is assembled. Draft Scope of Work: San Rafael 2023-2031 Housing Element 7 TASK 9: PREPARE GOALS, POLICIES, QUANTIFIED OBJECTIVES, AND ACTION PROGRAM Barry Miller will prepare the goals, objectives, and policies for the revised Housing Element. The quantified objectives in 2015-2023 Element (for housing production, rehabilitation, and conservation by income group) will be updated. Existing goals will be updated as needed. The policies will be updated to address newly identified needs, issues, constraints, and state laws, as well as housing issues raised during the General Plan Update. The housing programs will be updated, and new programs will be added based on the findings of Tasks 2-8. A responsible party, timeframe, and funding source will be identified for each program. TASK 10: PRODUCE HCD REVIEW DRAFT HOUSING ELEMENT The Housing Element requires two rounds of public review. Round One involves an "HCD Review Draft" and Round Two involves a "Public Review Draft" that has been revised in response to HCD's initial comments. Both rounds require public hearings before the Planning Commission and City Council, including opportunities for public comment. The "HCD Review Draft" will be compiled by June 2022. This document will include an Introduction; an Evaluation of the past Housing Element; a Needs Assessment; a Sites Inventory; a Constraints Analysis; a Housing Resources Summary; Goals, Policies, and Programs; and a Summary of Public Participation. The Draft will first be circulated for internal review and comment by staff. Revisions will be made as needed. The revised Draft will be considered by the Planning Commission and City Council during Summer 2022, with edits made as needed in response to their comments. The Council will not be asked to adopt the document at this point, but merely to approve its submittal to the State for review. TASK 11: LIAISON WITH HCD, RESPONSES TO COMMENTS, AND ADOPTION DRAFT The HCD Review Draft will be submitted to the State. Following receipt of HCD comments, Barry Miller will meet with State reviewers to discuss their feedback. He will then prepare a redlined version of the Draft with appropriate edits, and a summary memo annotating all revisions. As feasible, drafts of revised language will be circulated to HCD for "informal" review prior to completion of this memo. The task concludes when staff has reasonable assurance that the proposed revisions will result in an HCD compliance determination. At that point, Barry Miller will incorporate final edits and produce a clean copy of the Public Review Draft Housing Element. TASK 12: ADOPTION AND FINAL PLAN PRODUCTION Barry Miller will participate in public hearings to adopt the Housing Element in November/December 2022. The budget assumes two hearings (one Planning Commission and one City Council). Barry Miller will prepare staff reports and presentations, respond to public comments (and Commission/ Council comments), and prepare addenda and redlined documents as needed to show changes between the HCD Draft and the final version ready for adoption. Following adoption of the Housing Element, Barry Miller will prepare the final version. Draft Scope of Work: San Rafael 2023-2031 Housing Element The document will be submitted to HCD no later than January 31, 2023. Barry will provide liaison to HCD in their review of the Element and the certification process. TASK 13: CONCURRENT REZONING AND/OR GENERAL PLAN AMENDMENTS Barry Miller will prepare any General Plan Land Use Map and text amendments needed to reflect the sites inventory/ HCD comments and incorporate any other changes necessary to maintain an internally consistent General Plan. Although this work is numbered as Task "13;' it would actually occur concurrently with Tasks 9-12. In other words, General Plan and zoning changes would be adopted concurrently with the Housing Element. Zoning map and text amendments are included in this task. These could include rezoning of individual sites (or groups of sites) from one zone to another, as well as changes to development standards for existing zones. The zoning amendments would only cover those necessary to increase housing capacity related to the RHNA requirements; additional changes identified in Housing Element Action Programs would occur after the Plan is adopted. The extent of map amendments is unknown at this time, A budget of 100 hours has been earmarked for this purpose, but the budget appears as a "contingency" item because it may be possible to meet the RHNA without map amendments. Approval of the Community Development Director would be required prior to accessing this budget. TASK 14: CEQA COMPLIANCE This task includes an allocation of 24 hours for Barry Miller. A separate contract with an environ- mental consultant would be required to prepare CEQA compliance documents. Barry's budget for this task covers project management, assistance in drafting the Project Description, reviewing and editing CEQA documents, developing staff reports and memos, and coordinating the public review process. Barry will also provide technical support and assistance to the CEQA Contractor. The scope of work for a CEQA contractor would be determined later in the process, when the City has a better sense of the level of review required. The Housing Element would likely require an Initial Study - Negative Declaration (if there are no map changes), or a Supplemental EIR or EIR Addendum (if there are map changes). A full EIR should not be required. TASK 15: ON-GOING ASSISTANCE WITH LONG-RANGE PLANNING WORK The contingency budget includes an allowance of 80 hours for on-call assistance on long-range planning work unrelated to the Housing Element. This could include various tasks related to implementation of the General Plan and Downtown Precise Plan, zoning revisions, preparation of ordinances or staff reports, preparing correspondence, researching best practices on particular issues, attending meetings on the City's behalf, and similar tasks. Use of this budget would require Community Development Director authorization and approval. Draft Scope of Work: San Rafael 2023-2031 Housing Element 9 SCHEDULE AND BUDGET The project schedule and budget is presented below: Task Timing Hours 1 Project Management and Administration May 2021—Jan 2023 40 2 Project Kickoff May -Jun 2021 40 3 (3.1) Community Engagement Program June 2021- Dec 2022 125 (3.2) Spanish Language Outreach June 2021— Dec 2022 8 (*) 4 Evaluation of Previous Element July - Aug 2021 32 5 Housing Needs Assessment Aug - Oct 2021 60 6 (6.1) Prepare Inventory of Adequate Sites Sept - Nov 2021 80 (6.2) CONTINGENCY: Office/Retail Conversion Scenarios Sept - Dec 2021 20 (*) 7 Evaluate Constraints to Housing Development Nov — Dec 2021 50 8 Economic/Financial/ Fair Housing Sept 2021- Mar 2022 8 (*) 9 Prepare Goals, Policies, and Quantified Objectives Feb -Mar 2022 60 10 Prepare HCD Review Draft April - May 2022 40 11 Liaison with HCD/ Revisions/ Public Review Draft May — Oct 2022 60 12 Adoption and Final Plan Production Oct - Dec 2022 60 13 CONTINGENCY: Zoning and General Plan Amendments Nov 2021— Dec 2022 100 14 CEQA Compliance Jan — Dec 2022 24 (*) 15 CONTINGENCY: On -Call Long Range Planning Jun 2021—Jan 2023 80 SUMMARY Core Housing Element Services May 2021- Jan 2023 687 Contingency Housing Element Services May 2021—Jan 2023 200 TOTAL 887 (*) Additional work to be provided by third party consultant Draft Scope of Work: San Rafael 2023-2031 Housing Element 10 The hourly rate for this project is $135. Thus, the total estimated labor cost is $92,745 for the non -contingency tasks and $27,000 for the contingency tasks, for a total of $119,745. An additional $5,000 is recommended for contract graphics/GIS/map services and other material costs, for a total of $124,745. This cost excludes the Spanish language outreach program, the housing finance/ fair housing analysis, the optional urban design/ visual simulation consultant, and the CEQA consultant. Barry Miller would assist the City in retaining these consultants as part of Task 1. Work will be billed monthly on a time and materials basis, not to exceed $124,745 over the 21 - month period from May 1, 2021 to January 31, 2023. A Professional Services Agreement could cover the entire 21 -month period or could be structured to allot $80,000 for the first 12 months, with a renewal on May 1, 2022 allotting $44,745 for the last nine months. Draft Scope of Work: San Rafael 2023-2031 Housing Element 11