CC - Item 5C - Amendment to the Professional Services Agreement for RRM Design Group - Housing Element UpdateTO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: BEN KIM, CITY MANAGER 11 F
DATE: MAY 10, 2022
SUBJECT: AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
FOR RRM DESIGN GROUP — HOUSING ELEMENT UPDATE
SUMMARY
On September 22, 2020, the City Council authorized the City Manager to execute a Professional
Services Agreement with RRM Design Group for the 6°i Cycle Housing Element update and
companion tasks, which includes focused updates to the General Plan relating to the Public
Safety Element and addition of environmental justice policies to comply with State legislation.
The Professional Services Agreement was fully executed on October 8, 2020, in the amount of
$190,290 (attached as Attachment "A"). The City received the 2020 Local Early Action
Planning (LEAP) Grants Program Award from California Department of Housing and
Community Development (HCD) for $150,000, which funded the majority of the contract
services. The balance was to be paid by the General Fund. Due to extensive comments from
HCD on the review of the City's draft and adopted 611 Cycle Housing Element, staff is requesting
an amendment for additional services from RRM Design Group to assist in the final certification
of the City's 6"' Cycle Housing Element,
DISCUSSION
To date, RRM Design Group has prepared the 6"' Cycle Housing Element for the 2021-2029
planning cycle and Addendum to the Rosemead General Plan Final Environmental Impact
Report (EIR), which were adopted by the City Council on January 11, 2022. In addition, RRM
Design Group coordinated the submittal of the adopted 6"' Cycle Housing Element to HCD for
review and certification on January 19, 2022.
Most cities are going through multiple rounds of HCD review in accordance with newer housing
element laws and procedures, which was not typical of past housing element cycles. At the time
when the City retained RRM Design Group, staff and the consultant did not anticipate that HCD
would issue extensive comments on the draft and adopted Housing Element. RRM Design
Group and staff have worked closely on addressing these comments. Due to the additional
efforts required by HCD, staff is requesting an amendment to the Professional Services
Agreement with RRM Design Group to finalize the certification with HCD. RRM Design Group
AGENDA ITEM 5.0
City Council Meeting
May 10, 2022
Page 2 of 2
has submitted an additional services request (attached as Attachment `B"), which would cover
the preparation of additional Housing Element revisions, follow-up consultation with HCD staff,
and transmitting final documents (including required hard copies) to HCD for certification. The
cost for the additional services is approximately $13,200.
STAFF RECOMMENDATION
It is recommended that the City Council approve Amendment No. 1 to Section 3.3 — Fees and
Payments to the Professional Services Agreement between the City of Rosemead and RRM
Design Group by increasing the not -to -exceed contract amount from $190,290 to $203,490. The
amendments will be applied to Subsections 3.3.1 - Compensation and 3.3.4 - Extra Work
(Attachment "C").
FISCAL IMPACT
The approval of this recommendation will increase the contract amount by $13,200. The
increased amount will be funded within the current Planning Division FY 2021-22 adopted
budget, and therefore, does not require an additional appropriation.
STRATEGIC PLAN IMPACT — None
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
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Lily T. Valenzuela
Planning & Economic Development Manager
Attachment A: Fully Executed Professional Services Agreement
Attachment B: Additional Services Authorization
Attachment C: Amendment No. 1 to Professional Services Agreement
Attachment A
Executed Professional Services Agreement
PROFESSIONAL SERVICES AGREEMENT
THE PREPARATION OF THE 2021-2029 HOUSING ELEMENT, AN UPDATE TO THE
PUBLIC SAFETY ELEMENT, AND THE INCORPORATION OF ENVIRONMENTAL
JUSTICE POLICIES THROUGHOUT THE GENERAL PLAN
RRM DESIGN GROUP
1. PARTIES AND DATE.
This Agreement is made and entered into this this 22nd Day of September, 2020
(Effective Date) by and between the City of Rosemead, a municipal organization organized
under the laws of the State of California with its principal place of business at 8838 E. Valley
Blvd., Rosemead, California 91770 ("City") and RRM Design Group a corporation with its
principal place of business at 32332 Camino Capistrano, Ste. 205, San Juan Capistrano,
CA 92675 ("Consultant"). City and Consultant are sometimes individually referred to herein
as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this
Agreement. Consultant represents that it is experienced in providing professional land use
consulting services to public clients, is licensed in the State of California and is familiar with
the plans of City.
2.2 Project.
City desires to engage Consultant for the preparation of the 2021-2029 Housing
Element, an update to the Public Safety Element, and the incorporation of Environmental
Justice policies throughout the General Plan ("Services") as set forth in this Agreement.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services: Consultant promises and agrees to furnish
to the City all labor, materials, tools, equipment, services, and incidental and customary
work necessary to fully and adequately supply the professional consulting services
necessary for the Project, herein referred to as "Services". The Services are more
particularly described in Exhibit A attached hereto and incorporated herein by reference. All
Services shall be subject to, and performed in accordance with, this Agreement, the exhibits
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attached hereto and incorporated herein by reference, and all applicable local, state and
federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be for an eighteen (18) month
period from the Effective Date shown above, with a one (1) year extension at the sole and
absolute discretion of the City, unless earlier terminated as provided herein. Consultant shall
complete the Services within the term of this Agreement and shall meet any other
established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Consultant or under its supervision. Consultant will
determine the means, methods and details of performing the Services subject to the
requirements of this Agreement. City retains Consultant on an independent contractor basis
and not as an employee. Consultant retains the right to perform similar or different services
for others during the term of this Agreement. Any additional personnel performing the
Services under this Agreement on behalf of Consultant shall also not be employees of City
and shall at all times be under Consultant's exclusive direction and control. Consultant shall
pay all wages, salaries, and other amounts due such personnel in connection with their
performance of Services under this Agreement and as required by law. Consultant shall be
responsible for all reports and obligations respecting such additional personnel, including,
but not limited to: social security taxes, income tax withholding, unemployment insurance,
disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services: Consultant shall perform the Services
expeditiously, within the term of this Agreement. Consultant represents that it has the
professional and technical personnel required to perform the Services in conformance with
such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall
respond to Consultant's submittals in a timely manner. Upon request of City, Consultant
shall provide a more detailed schedule of anticipated performance to meet the Schedule of
Services.
3.2.3 Conformance to Applicable Requirements: All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel: Consultant has represented to City that
certain key personnel will perform and coordinate the Services under this Agreement.
Should one or more of such personnel become unavailable, Consultant may substitute other
personnel of at least equal competence upon written approval of City. In the event that City
and Consultant cannot agree as to the substitution of key personnel, City shall be entitled
to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse
to perform the Services in a manner acceptable to the City, or who are determined by the
City to be uncooperative, incompetent, a threat to the adequate or timely completion of the
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Project or a threat to the safety of persons or property, shall be promptly removed from the
Project by the Consultant at the request of the City.
3.2.5 City's Representative: The City hereby designates the City Manager,
or his or her designee, to act as its representative for the performance of this Agreement
("City's Representative"). City's Representative shall have the power to act on behalf of the
City for all purposes under this Agreement. Consultant shall not accept direction or orders
from any person other than the City's Representative or his or her designee..
3.2.6 Consultant's Representative: Consultant hereby designates RRM
Design Group, or his/her designee, to act as its representative for the performance of this
Agreement ("Consultant's Representative"). Consultant's Representative shall have full
authority to represent and act on behalf of the Consultant for all purposes under this
Agreement. The Consultant's Representative shall supervise and direct the Services, using
his/her professional skill and attention, and shall be responsible for all means, methods,
techniques, sequences and procedures and for the satisfactory coordination of all portions
of the Services under this Agreement.
3.2.7 Coordination of Services; Consultant agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, consultants and
other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees: Consultant shall
perform all Services under this Agreement in a skillful and competent manner, consistent
with the standards generally recognized as being employed by professionals in the same
discipline in the State of California. Consultant represents and maintains that it is skilled in
the professional calling necessary to perform the Services. Consultant represents that all
employees and subcontractors shall have sufficient skill and experience to perform the
Services assigned to them. Finally, Consultant represents that it, its employees and
subcontractors have all licenses, permits, qualifications and approvals of whatever nature
that are legally required to perform the Services, including a City business License, and that
such licenses and approvals shall be maintained throughout the term of this Agreement. As
provided for in the indemnification provisions of this Agreement, Consultant shall perform,
at its own cost and expense and without reimbursement from the City, any services
necessary to correct errors or omissions which are caused by the Consultant's failure to
comply with the standard of care provided for herein.
3.2.9 Laws and Regulations: Consultant shall keep itself fully informed of and
in compliance with applicable local state and federal laws, rules and regulations in any
manner affecting the performance of the Project or the Services, including all Cal/OSHA
requirements, and shall give all notices required by law. Consultant shall be liable for all
violations of such laws and regulations in connection with Services. If the Consultant
performs any work knowing it to be contrary to such laws, rules and regulations and without
giving written notice to the City, Consultant shall be solely responsible for all costs arising
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therefrom. Consultant shall indemnify and hold City, its officials, directors, officers,
employees and agents free and harmless, pursuant to the indemnification provisions of this
Agreement, from any claim or liability arising out of any failure to comply with such laws,
rules or regulations.
3.2.10 Insurance: Consultant shall maintain prior to the beginning of and for
the duration of this Agreement insurance coverage as specified in Exhibit B attached to and
part of this agreement.
3.2.11 Safety: Contractor shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Consultant shall
at all times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of its employees
appropriate to the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be limited to: (A)
adequate life protection and life saving equipment and procedures; (B) instructions in
accident prevention for all employees and subcontractors, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipment and other safety devices, equipment and wearing apparel
as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate
facilities for the proper inspection and maintenance of all safety measures.
3.3 Fees and Payments.
3.3.1 Compensation: Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement and shall not
exceed One Hundred and Ninety Thousand, Two Hundred and Ninety Dollars ($190,290)
and in accordance with consultant's fee schedule dated September 15, 2020. Consultant's
scope of work, timeline, and fee schedule, and are hereby incorporated and found in Exhibit
A. Extra Work may be authorized in writing, as described below, and will be compensated
at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation: Consultant shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by
Consultant. The statement shall describe the amount of Services and supplies provided
since the initial commencement date, or since the start of the subsequent billing periods, as
appropriate, through the date of the statement. City shall, within 45 days of receiving such
statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses: Consultant shall not be reimbursed for
any expenses unless authorized in writing by City.
3.3.4 Extra Work: At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any work
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which is determined by City to be necessary for the proper completion of the Project, but
which the parties did not reasonably anticipate would be necessary at the execution of this
Agreement. Consultant shall not perform, nor be compensated for, Extra Work without
written authorization from City's Representative.
3.3.5 Prevailing Wages: Consultant is aware of the requirements of
California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code
of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the
payment of prevailing wage rates and the performance of other requirements on "public
works" and "maintenance" project, as defined by the Prevailing Wage Laws, and if the total
compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing
Wage Laws to the extent they are applicable to Consultant. City shall provide Consultant
with a copy of the prevailing rates of per diem wages in effect at the commencement of this
Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each
craft; classification or type of worker needed to execute the Services available to interested
parties upon request and shall post copies at the Consultant's principal place of business
and at the project site. Consultant shall defend, indemnify and hold the City, its elected
officials, officers, employees and agents free and harmless from any claim or liability arising
out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection: Consultant shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All
such records shall be clearly identifiable. Consultant shall allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of such
records and any other documents created pursuant to this Agreement. Consultant shall
allow inspection of all work, data, documents, proceedings, and activities related to the
Agreement for a period of three (3) years from the date of final payment under this
Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination: City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without cause
by giving written notice to Consultant of such termination, and specifying the effective date
thereof, at least seven (7) days before the effective date of such termination. Upon
termination, Consultant shall be compensated only for those services which have been
adequately rendered to City, and Consultant shall be entitled to no further compensation.
Consultant may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination: If this Agreement is terminated as
provided herein, City may require Consultant to provide all finished or unfinished
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Documents/ Data and other information of any kind prepared by Consultant in connection
with the performance of Services under this Agreement. Consultant shall be required to
provide such document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services: In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms and
in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices: All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such other
address as the respective parties may provide in writing for this purpose:
CONSULTANT:
RRM Design Group
32332 Camino Capistrano, Ste. 205
San Juan Capistrano, CA 92675
Attn: Diane Bathgate
Tel: (949) 36177950
CITY:
City of Rosemead
8838 Valley Boulevard
Rosemead, CA 91770
Attn: Lily Valenzuela, Planning and Economic Development Manager
Such notice shall be deemed made when personally delivered or when mailed, forty- eight
(48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the
party at its applicable address. Actual notice shall be deemed adequate notice on the date
actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property: This
Agreement creates a non-exclusive and perpetual license for City to copy, use, modify,
reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or
works of authorship fixed in any tangible medium of expression, including but not limited to,
physical drawings or data magnetically or otherwise recorded on computer diskettes, which
are prepared or caused to be prepared by Consultant under this Agreement ("Documents
& Data"). Consultant shall require all subcontractors to agree in writing that City is granted
a non-exclusive and perpetual license for any Documents & Data the subcontractor
prepares under this Agreement. Consultant represents and warrants that Consultant has
the legal right to license any and all Documents & Data. Consultant makes no such
representation and warranty in regard to Documents & Data which were prepared by design
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professionals other than Consultant or provided to Consultant by the City. The Documents
& Data are intended for use solely with respect to the project for which they were prepared.
Any reuse or modification by City shall be at City's sole risk.
3.5.3.2 Confidentiality: All ideas, memoranda, specifications,
plans, procedures, drawings, descriptions, computer program data, input record data,
written information, and other Documents and Data either created by or provided to
Consultant in connection with the performance of this Agreement shall be held confidential
by Consultant. Such materials shall not, without the prior written consent of City, be used
by Consultant for any purposes other than the performance of the Services. Nor shall such
materials be disclosed to any person or entity not connected with the performance of the
Services or the Project. Nothing furnished to Consultant which is otherwise known to
Consultant or is generally known, or has become known, to the related industry shall be
deemed confidential. Consultant shall not use City's name or insignia, photographs of the
Project, or any publicity pertaining to the Services or the Project in any magazine, trade
paper, newspaper, television or radio production or other similar medium without the prior
written consent of City.
3.5.4 Cooperation; Further Acts: The Parties shall fully cooperate with
one another, and shall take any additional acts or sign any additional documents as may be
necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Fees: If either party commences an action against the
other party, either legal, administrative or otherwise, arising out of or in connection with this
Agreement, the prevailing party in such litigation shall be entitled to have and recover from
the losing party reasonable attorney's fees and all costs of such action.
3.5.6 Indemnity and Defense.
a. Indemnity and Defense
To the fullest extent permitted by law, Consultant shall indemnify and hold harmless Agency
and any and all of its officials, employees and agents ("Indemnified Parties") from and
against any and all losses, liabilities, damages, costs and expenses, including legal
counsel's fees and costs, to the extent caused by the negligent or wrongful act, error or
omission of Consultant, its officers, agents, employees or subconsultants (or any agency or
individual that Consultant shall bear the legal liability thereof) in the performance of services
under this agreement. Consultant's duty to indemnify and hold harmless Agency shall not
extend to the Agency's sole or active negligence.
b. Duty to Defend
In the event the Agency, its officers, employees, agents and/or volunteers are made a party
to any action, lawsuit, or other adversarial proceeding arising from the performance of the
services encompassed by this agreement, and upon demand by Agency, Consultant shall
defend the Agency at Consultant's cost or at Agency's option, to reimburse Agency for its
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costs of defense, including reasonable attorney's fees and costs incurred in the defense of
such matters to the extent the matters arise from, relate to or are caused by Consultant's
negligent acts, errors or omissions. Payment by Agency is not a condition precedent to
enforcement of this provision. In the event of any dispute between Consultant and Agency,
as to whether liability arises from the sole or active negligence of the Agency or its officers,
employees, or agents, Consultant will be obligated to pay for Agency's defense until such
time as a final judgment has been entered adjudicating the Agency as solely or actively
negligent. In no event shall the cost to defend charged to the design professional exceed
the design professional's proportionate percentage of fault.
3.5.7 Entire Agreement: This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed
by both parties.
3.5.8 Governing Law: This Agreement shall be governed by the laws of the State of
California. Venue shall be in Los Angeles County.
3.5.9 Time of Essence: Time is of the essence for each and every provision of this
Agreement.
3.5.10 City's Right to Employ Other Consultants: City reserves right to employ other
consultants in connection with this Project.
3.5.11 Successors and Assigns: This Agreement shall be binding on the successors
and assigns of the parties.
3.5.12 Assignment or Transfer: Consultant shall not assign, hypothecate, or transfer,
either directly or by operation of law, this Agreement or any interest herein without the prior
written consent of the City. Any attempt to do so shall be null and void, and any assignees,
hypothecates or transferees shall acquire no right or interest by reason of such attempted
assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions: Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall
be construed simply, according to its fair meaning, and not strictly for or against any Party.
Any term referencing time, days or period for performance shall be deemed calendar days
and not work days. All references to Consultant include all personnel, employees, agents,
and subcontractors of Consultant, except as otherwise specified in this Agreement. All
references to City include its elected officials, officers, employees, agents, and volunteers
except as otherwise specified in this Agreement. The captions of the various articles and
paragraphs are for convenience and ease of reference only, and do not define, limit,
augment, or describe the scope, content, or intent of this Agreement.
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3.5.14 Amendment; Modification: No supplement, modification, or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 Waiver: No waiver of any default shall constitute a waiver of any other default
or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege,
or service voluntarily given or performed by a Party shall give the other Party any contractual
rights by custom, estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries: There are no intended third party beneficiaries
of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability: If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.5.18 Prohibited Interests: Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working
solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that
it has not paid nor has it agreed to pay any company or person, other than a bona fide
employee working solely for Consultant, any fee, commission, percentage, brokerage fee,
gift or other consideration contingent upon or resulting from the award or making of this
Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants
to file, a Statement of Economic Interest with the City's Filing Officer as required under state
law in the performance of the Services. For breach or violation of this warranty, City shall
have the right to rescind this Agreement without liability. For the term of this Agreement, no
member, officer or employee of City, during the term of his or her service with City, shall
have any direct interest in this Agreement, or obtain any present or anticipated material
benefit arising therefrom.
3.5.19 Equal Opportunity Employment: Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities
related to initial employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff or termination. Consultant shall also comply with all relevant provisions
of City's Minority Business Enterprise program, Affirmative Action Plan or other related
programs or guidelines currently in effect or hereinafter enacted.
3.5.20 Labor Certification: By its signature hereunder, Consultant certifies that it is
aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation or to undertake self-
insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
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3.5.21 Authority to Enter Agreement: Consultant has all requisite power and authority
to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right,
and authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts: This Agreement may be signed in counterparts, each of which
shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required: Consultant shall not subcontract any portion of the
work required by this Agreement, except as expressly stated herein, without prior written
approval of City. Subcontracts, if any, shall contain a provision making them subject to all
provisions stipulated in this Agreement.
[Signatures on next Page]
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CITY OF ROSEMEAD
An A-10 Gloria Molledt,City Manager
Ericka=Hernandez, City Clerk
Approved as to Form:
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Rachel Richman
City Attorney
RRM DESIGN GROUP
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RRM Design Group
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CITY OF ROSEMEAD
Gloria Molleda, City Manager
Attest:
Ericka Hernandez, City Clerk
Approved as to Form:
Rachel Richman
City Attorney
Date
Date
Date
RRM DESIGN GROUP
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[If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary, AND CORPORATE SEAL OF
CONTRACTOR REQUIRED]
RRM Design Group
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EXHIBIT A
SCOPE OF SERVICES/ RATE SCHEDULE/TIMELINE
PROJECT APPROACH AND SCOPE OF
SERVICES
The City of Rosemead is poised to commence the preparation of the 6th Cycle Housing Element. The Southern
California Association of Governments has estimated a total of 4,604 dwelling units for Rosemead in the 6th
Cycle Regional Housing Needs Assessment (RHNA) numbers. In contrast, the previous 5th Cycle Housing
Element addressed an RHNA of 602 units. Key challenges that must be navigated for successful Housing
Element adoption include not only an increased RHNA allocation but also strict site eligibility requirements
focusing on development feasibility and a fast -pasted changing housing legislation landscape. In addition, a
focused update to the City's Public Safety Element is required as part of this process to satisfy SB 379 and
incorporation of environmental justice policies are required pursuant to SB 1000, triggered by the amendment
of more than one General Plan Element. In preparing this scope of work, we carefully reviewed the issued
RFP, the existing Rosemead Housing Element and General Plan, and other available City documents. Proposed
tasks follow those outlined in the issued RFP and subsequently issued addendum with City Council adoption
of the updated Housing Element planned for October 2021. We have crafted the proposed work plan based.
on' our knowledge of the project context and professional experience. However, we are prepared to refine
tasks as necessary to best satisfy City objectives, budget, and timeframes.
TASK 1: PROJECT ADMINISTRATION
TASK 1.1 PROJECT KICKOFF MEETING
RRM Design Group with Veronica Tam Associates (VTA) and Morse Planning Group (MPG) will prepare for
and conduct an initial kickoff meeting with City staff. This task is anticipated to be conducted as a conference
call and Includes the following topics:
• Identification of key project contacts and information exchange
• Review of project objectives, scope of work and project timeline
Discussion of issues to be focused on during the project
Identification of optimal working relationship (such as turnaround times)
Review and refinement of the public. outreach strategy
Deliverables:
• Meeting agenda and list of data needs
• Meeting summary with project goals, objectives, and action items
TASK 1.2 PROJECT SCHEDULE DEVELOPMENT
The Project Team will work with City staff to finalize a project schedule within ten (10) working days after
the kickoff meeting and include tasks and milestones for certification of the Housing Element by State HCD
no later than October 15, 2021. The refined schedule will address project milestones, review times, public
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outreach timing, environmental documentation preparation and review, and anticipated State HCD review
and certification timelines
Deliverables:
. Refined final project schedule
TASK 1.3 PROJECT COORDINATION
Project management and coordination include regular communication between the project manager and the
City. The project manager, in conjunction with VTA, will coordinate the overall project schedule. This task is
intended to allow for necessary coordination between the project team members and City staff, including
teleconferences, meetings, correspondence, recordkeeping, electronic file management, and additional
necessary coordination. This task includes the review of deliverables and coordination of strategy with VTA.
Deliverables:
Ongoing project management and coordination (assumes 2 hours per month over the course of 12
months)
• Meeting summaries with action items
TASK 2: HOUSING ELEMENT EXISTING CONDITIONS,
ISSUES, OPPORTUNITIES, AND CHALLENGES
TASK 2.1 CURRENT HOUSING ELEMENT REVIEW
The Rosemead 2014-2012 Housing Element will be evaluated to determine the revisions that must be made
to comply with current State law and HCD requirements. This evaluation will be submitted as a written
outline with recommended changes (including relevant justification) and areas for improvement, programs
that should be considered, and any other relevant housing Issues that might be included in this update.
Obsolete sections shall be Identified for removal. In collaboration with City staff, the Consultant Team will
prepare an analysis of the City's progress toward meeting the Identified goals, policies, and programs since
the adoption of the 2014-2021 Housing Element.
This task will include a review of documents relevant to the Housing Element update:
C 2014-2021 Housing Element
• All past communication with HCD, including any findings letters
. Land Use Element
. General Plan
• Housing Element Annual Progress Reports
• Adopted and draft specific plans and zoning amendments
. Municipal codelzoning code
Deliverables:
• Evaluation of the existing Housing Element, General Plan, Zoning Ordinance, and other supporting
materials in comparison to current State housing law
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• Evaluation of results from previous housing programs and policies implemented, and their
effectiveness, including review and evaluation of the City's 2019 Annual Housing Progress Report
• Memorandum summarizing the evaluation findings and recommendations to staff provided in
electronic forma; formatted as a section for integration into the Housing Element update
TASK 2.2 HOUSING ASSESSMENT AND NEEDS ANALYSIS
A housing assessment and needs analysis will be prepared pursuant to State housing law. The Consultant
Team will obtain and analyze demographic, economic, infrastructure and housing data needed to complete
this task. The housing assessment and needs analysis will contain the following topics to satisfy
Government Code Section 65583(a) requirements:
• Demographics, income, and employment trends
• Household characteristics
• Housing stock characteristics
. ' At -risk housing analysis: analysis of special housing needs
• Affirmatively furthering fair housing analysis
Deliverables
• Housing needs assessment outline
• Draft housing needs assessment in both PDF and Word
• Final updated housing needs assessment electronic format, formatted as a section for integration into
the Housing Element update
TASK 2.3 HOUSING PARCEL IDENTIFICATION ANALYSIS
The Southern. California Association of Governments has estimated a total of 4,604 dwelling units for
Rosemead in the 6th Cycle Regional Housing Needs Assessment (RHNA) numbers: 1,151 very low
income, 636 low income, 685 moderate income, and 2,131 above moderate income. The Draft 6th cycle
RHNA is expected to be released on September 3, 2020.
The previous 5th Cycle Housing Element addressed an RHNA of 602 unites. We will use the current
sites inventory as a starting point and work with the City to determine which sites are still viable RHNA
sites based on the following new state law requirements:
• Conduct additional analysis for sites smaller than one-half acre or larger than 10 acres
• Conduct additional analysis for underutilized sites
• Identify sites included in the past two housing element cycles that are now required to
allow affordable housing by -right
• Identify if sites are publicly owned
• Indicate whether a site has available or planned and accessible infrastructure
We will update the site selection criteria to identify new sites and reevaluate sites identified for the 5th
Cycle Housing Element land inventory. As part of the site selection process, we will consider the General
Plan policies and land use density range, zoning, available infrastructure, and opportunities within approved
specific plans. We will formulate the General Plan and zoning strategies that will address additional housing
unit capacity.
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As part of the housing sites analysis, our multi -disciplined team will complete thefollowing:
• Document potential sites - We will prepare an inventory, map, and analysis clearly
illustrating the City's capacity to accommodate the 6th Cycle RHNA. In keeping with state law,
we will document the realistic development capacity of each site and prepare a map showing all
identified sites. The sites' inventory will be compiled using the HCD template.
• Investigate alternative RHNA credits - This includes analyzing the capacity for
alternative RHNA credits for accessory dwelling units, guest quarters, preservation of
existing at -risk affordable housing projects, and other similar, nontraditional RHNA credit
opportunities.
• Ensure sites affirmatively further fair housing - We will work with City staff to determine
if the sites identified in the inventory are located throughout the community in a manner that
affirmatively furthers fair housing.
• Underutilized sites analysis - We will complete an analysis of nonvacant sites to address a
portion of the RHNA. As part of this task, we will analyze the realistic development potential
within the planning period by considering the extent that a nonvacant site's existing use
impedes additional residential development, the jurisdiction's past experience converting
existing uses to higher density residential development, market trends and conditions, and
regulatory or other incentives or standards that encourage additional housing development on
any nonvacantsites.
• Analyze the feasibility of applicable densities to meet the lower-income RHNA
- Typically, this is done by reviewing similarly situated built projects in the vicinity, calling
local developers, and reviewing pro formasidevelopment applications submitted to the City
to infer development feasibility.
• Infrastructure analysis - With supporting GIS data provided by the City, we will work to
determine if parcels included in the inventory have sufficient water, sewer, and dry utilities supply
available and accessible to support housing development. This analysis is not required to be
parcel- specific. We will review existing General Plan programs or other mandatory programs or
plans to secure sufficient water, sewer, and dry utilities supply to support housing development
on the site.
Deliverables
• Draft memorandum on methodology and summary of analysis findings in electronic format in both
PDF and Word
• Final memorandum
TASK 2.4 HOUSING PRODUCTION CONSTRAINTS ANALYSIS
Potential governmental and non-governmental constraints to housing production will be identified, including
environmental and infrastructural constraints. This analysis must contain a review of factors that may
potentially constrain the development, improvement, and preservation of housing in Rosemead. New
housing element laws require the assessment of non-governmental constraints, including NIMBYism, lending
practices, shortage of labor, and other economic factors. This work will include a review of existing City
regulations, codes, and standards related to housing. Where constraints exist, strategies will be proposed
to address them.
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Defiverables
• Memorandum in electronic format summarizing the findings of the housing constraints analysis,
formatted for integration into the Housing Element update
TASK 2.5 GENERAL PLAN CONSISTENCY
The Housing Element will be revised to ensure consistency with other General Plan elements, compliance
with State law, and certification by October 2021. The updated Housing Element will be prepared under
Task 3. A list of recommended revisions for other General Plan elements may be provided for internal
consistency
Deliverables
• Memorandum In electronic format summarizing recommended General Plan revisions
TASK 2.6 REVISED MAPS AND FIGURES
Maps and figures in the Housing Element will be revised in accordance with recommended changes.
In addition, maps and figures In related General Plan elements may be amended as mutually determined
to ensure consistency in the General Plan.
Deliverables
• Housing Element maps and figures formatted for integration into the Housing Element update
TASK 3: FACILITATION OF REVIEW OF DRAFT
HOUSING ELEMENT AND APPROVAL OF FINAL
HOUSING ELEMENT
TASK 3.1 ONGOING STAFF REVIEW DRAFT OF HOUSING ELEMENT SECTIONS
A draft Housing Element and Implementation Plan will be prepared In compliance with all applicable State
and federal laws, Including all tables and maps, and shall include the following:
• Updated housing, population, demographic, and employment data to coincide with SCAG growth
projections, and ACS data. To the extent feasible, SCAG's HCD-preapproved data package will
be used to update the needs assessment
• Assessment of the housing and market conditions and immediate needs within the City,
including special housing needs
• Identification of actual and potential constraints on the maintenance, Improvement,
and development of housing for all income levels
• Analysis of housing opportunities, along with an Inventory of suitable sites and the City's
capacity to meet regional housing goals
• A Housing Element (2021-2029) implementation program including quantifiable objectives and
programs to address housing needs for all income levels and special needs populations (the
elderly, veterans, and populations with disabilities, or experiencing homelessness). For each
program included in the Housing Element, the time frame for implementation, specific objectives,
funding sources, and responsible agencies will be identified. The programs will satisfy the
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requirements of Government Code Sections 65583(b) and (c). The issued RFP suggests that drafts
of each Housing Element section be provided for staff review as work progresses. In our
experience, a review of a complete draft document provides for a more efficient and productive
review process, and we look forward to developing a mutually agreeable approach. We ask that
we receive one consolidated set of City comments electronically on the Administrative Draft.
Deliverables
• Administrative Draft of Housing Element in electronic format in both PDF and Word
TASK 3.2 DRAFT HOUSING ELEMENT
HCD review of the draft Housing Element is mandatory. Addressing comments and revisions on the
Administrative Draft, the Project Team will prepare a public review draft Housing Element and present it
at a Planning Commission/City Council study session prior to submitting the draft Housing Element to HCD
for its 60 -day compliance review. VTA will act as a liaison between NCD and City staff, and the Project
Team will coordinate conference calls and address HCD comments on the draft element. The goal is to
achieve a Finding of Substantial Compliance for the draft Housing Element before proceeding to adoption.
Deliverables
• Public Review Draft of Housing Element in electronic format in both PDF and Word for distribution by
City staff to the City Council, Planning Commission, and general public
TASK 3.3 FINAL DRAFT HOUSING ELEMENT
Following the public review and comment period, the Project Tearn will prepare the final Housing Element
in response to comments from State HCD, responsible agencies, City staff, the Planning Commission., City
Council, and the public.
Deliverables
Final Public Review Draft of Housing Element in electronic format in both PDF and Word
TASK 3.4 STATE CERTIFICATION AND CITY ADOPTION
After City Council preliminary approval, the Housing Element must be submitted to HCD for Its final review
(90 days). VTA will follow through with assisting the City In achieving state certification of the Housing
Element. Upon adoption of the Final Draft Housing Element by the City Council, the Project Team will
prepare a final version of the document for inclusion in the General Plan document. CEQA-related filings
are addressed in Task 5.
Deliverables
• Final Housing Element in electronic format in both PDF and Word
TASK 3.5 PUBLIC NOTICING
In coordination with City staff, the Project Team will prepare the appropriate public notices and provide
the required consultations and notifications for HEU per local and state regulations. Notice posting and
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distribution will be provided by the City, and payment of posting or filing fees would be covered by the
City. Tribal noticing and consultation in accordance with statutory timelines are addressed under Task 5 —
Environmental Analysis.
Deliverables
Electronic copy of notices in both PDP and Word
TASK 4: COMMUNITY ENGAGEMENT AND
7IJ1k
TASK 4.1 COMMUNITY OUTREACH AND MEETINGS
To facilitate preliminary budgeting for the project, we have outlined a general approach for the Housing
Element and Public Safety Element public outreach process to inform and seek input. The budget estimate
assumes a combination of web conferencing and online engagement, considering the current context of
the COVID-19 constraints. This approach will be further refined with City staff. The Project Team will
consult with City staff to develop a tailored outreach approach that meets HCD requirements and engages
the communities throughout the City. For the Housing Element and Public Safety Element update process,
we recommend the following potential activities for outreach:
• Online housing needs survey
• Stakeholder interviews (10) or focus groups (2) held over the course of one day
• Community workshop (via Zoom or another acceptable platform)
• joint study session with Planning Commission and City Council
• Housing Sub -Committee meetings (up to four)
Over the course of the project, this task also includes the provision of materials for posting on the City s
website such as project scope, schedule, and completed products as they are developed. To support
additional meetings staff may wish to conduct with decision -makers or stakeholders, briefing materials
would be provided under this task. it is assumed City staff will be responsible for meeting notification,
facilities (if any), and logistics. In support of outreach efforts, 32 hours are provided for VTA participation
in the community workshop, joint study session and Housing Sub -Committee meetings.
Deliverables
• Refine community engagement plan with City staff and conduct agreed-upon activities
• Electronic copies of all branded outreach materials for distribution and
communication/advertising purposes.
TASK 4.2 PUBLIC HEARINGS/PRESENTATION MATERIALS
The project team will support the City preparation of staff reports, exhibits, and presentations for Housing
Element approval and will attend up to four (4) public hearings. Staff reports, resolutions, exhibits and
presentation will be developed by RRM in collaboration with City staff with RRM preparing initial drafts of
content and City staff finalizing and coordinating logistics. Errata sheets may be used between public hearings
to track recommended document edits and changes. In support of public hearings, 16 hours are provided
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for VTA participation for up to four,(4) public hearings.
Deliverables
• Support for staff reports, exhibits and presentations
• Attendance and support at up to two Planning Commission hearings
• Attendance and support at up to two City Council hearings
TASK 4.3 SUPPORTING GRAPHICS (OPTIONAL)
Design compatibility will be a key component to ensure potential housing projects are consistent with
Rosemead's character and community expectations. Under this task, RRM's architects will develop up to
five
(5) graphics to illustrate potential development, helping the community at large to better understand
potential changes from proposed new residential densities.
Deliverables
• Up to five (5) conceptual graphics showing potential housing development concepts
TASK 5: PUBLIC SAFETY ELEMENT UPDATE
& ENVIRONMENTAL JUSTICE POLICIES
Pursuant to Government Code Sections 65302 et seq. established by Senate Bill 379 (SB 379), the
Public Safety Element must be reviewed and updated as necessary to address the risk of fire hazards,
climate adaptation and resiliency strategies. SB 379 requires a set of goals, policies, and objectives based
on a vulnerability assessment. Public Safety Element tasks are planned to run concurrently with Housing
Element tasks and review cycles. Reliance on existing available documentation is assumed for this
analysis and update. No new technical studies are proposed. In addition, with adding the update of a
second General Plan element as part of the project, Senate Bill 1000 (SB 1000) is triggered, requiring
the development and adoption of an Environmental justice element or environmental goals, policies,
and objectives integrated into other Elements in the General Plan. Based on CalEnviroScreen data,
Rosemead contains seven census tracts that meet disadvantaged communities' criteria. Therefore,
additional policies are proposed to be developed for inclusion in the Housing Element and Public Safety
Element, as opposed to the creation of a separate Environmental justice Element.
TASK 5.1 CURRENT PUBLIC SAFETY ELEMENT AND ENVIRONMENTAL JUSTICE
SETTING
RRM will review the current Rosemead Public Safety Element to determine its compliance with State law
and provide a memorandum addressing findings, including identification of deficiencies, topics for policy
development, and a list of potential resources/data for use in the update process. This task will rely on
existing available information at the local, regional, state, and federal level relating to vulnerability and risks
that climate change poses to the local jurisdiction, preliminarily including:
• Rosemead Public Safety Element and overall General Plan
• Rosemead Local Hazard Mitigation Plan (20 18)
• California Adaptation Planning Guide
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• Internet -based Cal -Adapt Tool
• California Office of Planning and Research (OPR) resources:
o General Plan Guidelines
o SB 379 Survey Report
o Defining Vulnerable Communities in the Context of Climate Adaptation
State, law allows for potential cross-referencing of information from an adopted Local Hazard Mitigation
Plan, and such strategies will be evaluated as part of this task. This task assumes City staff provision of the
existing Public Safety Element in Word and an allocation of up to 120 hours of RRM time.
For the development of environmental justice policies, a summary of related State requirements and.a review
of available relevant data will be prepared. In general, environmental topics will focus on: reducing
compounded health risks in disadvantaged communities and address topics such as pollution exposure and
air quality, public facilities, food access, safe and sanitary homes, physical activity, community engagement,
improvements, and programs. Resources include the OPR General Plan Guidelines addressing environmental
justice elements, SB 1000 Toolklt, Rosemead General Plan EIR, and regional air quality data, among others.
Deliverables
• Electronic copy of memorandum in both PDF and Word identifying Public Safety Element areas of
revision for State compliance
• Electronic copy of memorandum In both PDF and Word summarizing State General Plan
environmental justice requirements, available data, and preliminary strategies
TASK 5.2 PROPOSED AMENDMENTS AND CONSISTENCY WITH GENERAL PLAN
AND STATE REQUIREMENTS
RRM will prepare an update to the Public Safety Element addressing areas outlined in Task 5.1. In addition,
environmental justice goals, policies and objectives will be prepared for inclusion in the Housing Element
and Public Safety Element. Updates and modifications to goals, policies, objectives, and graphics will be clearly
identified in a mutually agreeable format. A review of other Rosemead General Plan elements will be
conducted for potential consistency revisions for the Public Safety Element and environmental justice
policies. As noted in the issued RFP, the scope of work does not encompass a comprehensive update to the
Public Safety Element, and only portions of the Element will be amended for General Plan and State
compliance. Relying on existing available information, potential areas to be addressed include the
development of a set of adaptation and resilience goals, policies, and objectives and updated content relating
to:
• Methods to avoid or minimize climate change impacts associated with land use
• Locations of new essential public facilities outside of at -risk areas
• Designation of adequate and feasible infrastructure located in an at-riskarea
• Guidelines for working cooperatively with relevant local, regional, state, and federal agencies
• Identification of natural Infrastructure that may be used in adaptation projects
We ask that to receive one consolidated set of City comments electronically on the administrative Draft.
Up to 120 RRM hours are assumed for this task.
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Deliverables
• Electronic copy ofAdministrative Public Safety Element for internal review in both PDF and Word
.. Electronic copy of Administrative Environmental Justice Policies for internal review in both PDF and Word
TASK 5.3 FINAL PUBLIC SAFETY ELEMENT UPDATE AND ENVIRONMENTAL
JUSTICE POLICIES
Based on consolidated City staff comments received on the administrative Draft Public Safety Element and
environmental justice policies, RRM will incorporate revisions and prepare a public hearing draft Public Safety
Element for public review and hearing purposes. Any final edits following public review and heatkngs also will
be captured under this task Errata sheets may be used for proposed changes between public hearings,.and
up to 40 RRM hours are assumed for this task.
Deliverables
Electronic copy of public hearing Public Safety Element for public hearings in both PDF and Word
TASK 6: ENVIRONMENTAL ANALYSIS
Morse Planning Group (MPG) will lead the environmental analysis task. As background, the City certified
a Final Program Environmental Impact Report (EIR) for the General Plan Update in October 2008 (General
Plan EIR) and adopted a Negative Declaration for the 2014-2021 Housing Element in October 2013. In
addition, the City certified a Final EIR for the Garvey Avenue Specific Plan in February 2018 and is presently
in the process of preparing the Freeway Corridor Mixed Use Overlay Zone and associated CEQA
documentation.
The General Plan EIR analyzed the following projected General Plan growth: 6,047 dwelling units, 7,310,000
square feet of non-residential uses, and 22,816 new residents. The Garvey Avenue Specific Plan EIR identified
the following projected growth within the Plan Area: 1,048 dwelling units; 1,300,000 square'feet of non-
residential, uses, and 2,710 residents, which represent 17.33%, 17.78%, and 11,88%, respectively, of the
projected General Plan Growth. Based on preliminary analysis, the General Plan EIR has projected capacity
to accommodate the 6th cycle RHNA numbers.
The City has requested two CEQA scopes of work: Option One — Mitigated Negative Declaration and
Option Two — Environmental Impact Report The appropriate CEQA document will be determined at part
of Task 6. 1, Environmental Determination. In both cases, it is assumed that the CEQA document will tier
off the City of Rosemead General Plan Update Final Program EIR and any relevant adopted Specific Plan
CEQA documents, including but not limited to the Garvey Avenue Specific Plan Final EIR. These CEQA
documents and other City and adopted CEQA documents allow for the use of information relative to the
Identified housing opportunity sites or sites identified for rezoning in the Housing Element, and applicable
mitigation measures. No technical analyses are assumed as part of this scope of work for either option. If
determined necessary, a separate scope and fee would be prepared. In.additlon, MPG assumes that the City
will provide one set of consolidated City comments on draft work products.
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TASK 6.1 ENVIRONMENTAL DETERMINATION
Following preparation of the draft Housing Element, MPG will meet with the City staff and the RRM team
to confirm the environmental review strategy and timeline. MPG will review the draft Housing Element and
the General Plan EIR to identify any inconsistencies or additional analyses required. If no changes to the
General Plan EIR are necessary, a Negative Declaration/Mitigated Negative Declaration would be prepared.
If changes to the General Plan EIR are necessary, a Supplemental EIR would be prepared. A memorandum
confirming the environmental review strategy will be provided to the City.
Deliverables
Memorandum confirming the environmental review strategy
A. OPTION ONE: NEGATIVE DECLARATION
OR MITIGATED NEGATIVE DECLARATION
TASK A6.2 DRAFT OF ENVIRONMENTAL ANALYSIS
Initial Study/Environmental Assessment
MPG will prepare an Initial Study in accordance with CEQA, the CEQA Guidelines, and the City of
Rosemead's CEQA Guidelines. The Initial Study will include detailed explanations of all checklist
determinations, discussions of potential environmental impacts, and mitigation measures, if applicable. The
Initial Study analysis shall be in accordance with all applicable sections of CEQA and the CEQA Guidelines.
The environmental document will be presented with the following sections: Introduction, Project
Description, Initial Study Checklist, Environmental Analysis, and Initial Study Determination. MPG's
approach to the analysis portion of the document Is to provide thorough, detailed; and conclusive impact
analysis. The topics to be reviewed include all topics included in the most current version of CEQA
Guidelines Appendix G.
Administrative Draft Initial Study.
MPG will submit the Administrative Draft Initial Study for review and comment by City Staff. MPG will also
submit a Second Administrative Draft Initial Study ("check copy"), which will Incorporate one complete set
of comments received from City staff.
TASK A6.3 ENVIRONMENTAL NOTICING, OUTREACH, AND FILING
Native American Tribal Consultation Per SB 18 and AB 52
MPG will contact the Native American Heritage Commission to provide the list of Native American tribes
to consult. Upon receipt of the NAHC letter, MPG will support the City by providing draft letters for City
review and to be, put on City letterhead. Upon receipt of the letter back from the City, MPG will transmit
letters via email if available or send letters to Tribes via US Certified Mail or overnight delivery service,
Initiating the consultation process under AB -52 and SB -18. MPG will follow-up once with each group via
email or telephone. It is assumed that City staff would meet with requested tribes In person or by telephone.
MPG is available to attend meetings in support of the consultation process on a time and materials basis,
estimated at $450 per meeting. MPG would assist City staff in drafting a summary of the consultation
process.
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CEQA Notices
MPG will prepare all CEQA public notices required for the proposed project for City review and sign:
Negative Declaration/Mitigated Negative Declaration, Notice of Availability and Notice of Determination.
MPG will be responsible for transmitting notices and a'CD/USB drive to designated reviewing agencies
(State Clearinghouse and up to 15 agencies). It is assumed that the City will be responsible for public noticing
to comply with City requirements, such as posting notices or newspaper notices.
This scope of work excludes payment of any CDFW filing fees, if applicable. MPG will be responsible for
filing notices with the State Clearinghouse and Los Angeles County Cleric, however, the City will be
responsible for the payment of any fees for such filings.
Meetings
MPG Staff will attend up to two meetings with City Staff. This task includes a budget of six (6) hours
for meetings.
TASK A6.4 FINAL DRAFT OF ENVIRONMENTAL ANALYSIS
Public Review Draft Initial Study
MPG will submit the Public Review Draft Initial Study to the City, which will be distributed for public review.
Draft Final Initial Study
.Response to Comments - MPG will respond to written comments received on the Public
Review Draft Initial Study during the public review period, and prepare thorough, reasoned, and
sensitive responses to relevant environmental issues. MPG will prepare the Administrative Draft
Responses to Comments for review and comment by City Staff. MPG will submit one "check
copy" of the final Responses to Comments document, which will incorporate one complete set
of comments received from City Staff on the Administrative Draft Responses to Comments. For
budgeting purposes, a maximum of 4 hours has been assumed for MPG to prepare the Responses
to Comments. Should the comments be excessive and require more than the budgeted time, this
task and associated costs would be revisited.
. Mitigation Monitoring and Reporting Program - MPG will prepare .the mitigation
monitoring and reporting program (MMRP) pursuant to CEQA Section 21081.6. MPG will
submit a draft version for City Staff review and will follow with a final MMRP. This task includes
a budget of 4 hours.
Public Hearings
MPG will attend one public hearing each with the Rosemead Planning Commission and City Council. This
task includes a budget of 8 hours for public hearings. MPG is available for additional public hearings on a
time and materials, basis for an estimated $600 (4 hours) per meeting.
TASK A6.5 ADOPTION
Following City Council approval of the CEQA document, MPG will prepare a Final environmental document,
which will consist of the revised Public Review Draft Initial Study text, as necessary to address the comments
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received during the public review period, and the MMRP.
Deliverables for Tasks A6.2 -A6.5
• One (1) electronic file (PDF and Word) ofAdministrative Draft IS
• One (1) electronic file (PDF and Word) of "Check Copy' of Draft ISIMND
• One (1) electronic copy (PDF and Word) of Draft IS and NDIMND
• Thirty-five (35) CDs/USB Drives with PDF Files of Draft IS and NDIMND for City, State Clearinghouse,
and Reviewing Agencies
• One (1) electronic copy (Word) of Draft Mitigation Monitoring Program
• One (1) electronic copy (Word) of Final Mitigation Monitoring Program
• One (I) electronic copy (PDF) of Final IS and NDIMND
• One (1) electronic copy (Word and PDF) of Native American Consultation Letters
• One (I) electronic copy (Word and PDF) of Native American Consultation Summary
.• One (1) electronic copy (Word and PDF) of Native American Consultation Letters
• One (I) electronic cojby (Word and PDF) of Native American Consultation Summary
B. OPTION TWO: SUPPLEMENTAL
ENVIRONMENTAL IMPACT REPORT
TASK B6.2 DRAFT OF ENVIRONMENTAL ANALYSIS
The City certified a Final Program Environmental Impact Report (PEIR) for the General Plan Update in
October 2008. This scope of work assumes that a Supplement to the 2008 PEIR (Supplemental EIR [SEIR])
rather than a Subsequent EIR will be prepared, as 1) none of the conditions described in CEQA Guidelines
Section 15162 require the preparation of a Subsequent EIR, and 2) only minor additions or changes would
be necessary to make the previous EIR adequately apply to the project in the.changed situation. Should the
environmental review process identify that substantial changes per CEQA Guidelines Section 15162 would
warrant the preparation of a Subsequent EIR, MPG will notify City staff and discuss the potential scope and
fee changes.
Project Description
The development of the Project Description is an important first step in the CEQA process and will be
utilized throughout the process and for environmental analysis. MPG will prepare a draft project description
for review by the City. Following receipt of City comments, a revised project description will be prepared
for use in the Initial Study and SEIR.
Initial Study
An Initial Study will be prepared for the proposed project. The Initial Study will contain a description of
the project, the project location, and a description of the environmental setting of the project site. The
main body of the document will consist of a City -approved environmental checklist and an accompanying
environmental analysis. The project will be analyzed for the potential to create significant environmental
impacts in the areas specified on the environmental checklist. Where the potential for a significant effect is
identified, the Initial Study will refer to more detailed analysis to be included in the SEIR. It is anticipated
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that some issues may be eliminated from the need for further environmental analysis in the SEIR.
After City review of the Draft Initial Study and Notice of Preparation (NOP), MPG will make the necessary
revisions. The Final Initial Study and NOP will be distributed to responsible agencies, the State
Clearinghouse, and persons who have expressed interest in the project.
MPG will summarize key comments received in NOP comment letters for presentation in the Draft
SEIR. Comment letters will be provided in an appendix to the SEIR.
Public Scoping Meeting
A public scoping meeting, which can also involve federal, state, or other local agencies, will be set up as a
brief project overview presentation so that the community can gain an understanding of the proposed
project and make comments based upon accurate knowledge of the proposed project. Following the
presentation, the meeting will be devoted to public participation, questions, and comments. Written
comment forms and sign -in sheets will be provided for this purpose, and these comments, along with verbal
comments, will become a part of the administrative record.MPG will assist and participate in a publicly
noticed NOP Scoping meeting. This scope of work assumes that the City will be responsible for scheduling,
noticing, facilitating the meeting, and preparing the agenda. MPG will provide materials for facilitating the
discussion, including a PowerPoint presentation, handouts, boards, flyers, and other materials as needed.
Following the meeting, MPG will provide a meeting summary with meeting notes.
Administrative Draft Supplemental EIR
MPG will prepare a First and Second Administrative Draft SEIR for submittal to the City. The SEIR will focus
on the issues that are identified to have potentially significant impacts in the Initial Study. The SEIR will include
all contents required by City requirements, CEQA statutes, CEQA Guidelines, and, applicable court
decisions. The SEIR will include a table of contents and maps and other graphics to clearly present the
environmental analysis to the decision makers, responsible agencies, and the public.
Executive Summary
The Executive Summary will Include a project summary, an overview of project impacts, mitigation
measures, and levels of significance after mitigation, and a summary of project alternatives. The Executive
Summary will be prepared and submitted as part of the Second Administrative Draft EIR submittal to the
City. This section will include a summary table of all impacts and mitigation measures Identified in the SEIR.
Introduction and Purpose
The Introduction will cite the provisions of CEQA, the CEQA Guidelines, and the City of Rosemead CEQA
Implementation procedures to which the proposed project is subject. This section will identify the purpose
of the study and statutoy authority, document scoping procedures, provide a summary of the SEIR format,
provide a listing of responsible and trustee agencies, and provide a listing of documentation incorporated by
reference.
Project Description
The Project Description section will detail the project location, background, and history of the project,
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discretionary actions, characteristics, goals and objectives, phasing, agreements, and permits and
approvals that are required for the proposed project based on available information.
Basis of Cumulative Analysis
In accordance with CEQA Guidelines Section 15130, this section provides a listing of cumulative projects
and actions under consideration for the analysis. The purpose of this section is to present a listing and
description of projects, past, present, and anticipated in the reasonably foreseeable future, even if those
projects are outside of the jurisdiction of Rosemead. It is anticipated that cumulative development would be
reported from the General Pian PEIR and subsequent General Plan Amendments, as applicable. MPG will
consult with City Staff and other applicable local jurisdictions to define the appropriate study area for the
cumulative analysis. .
Environmental Analysis
The specific environmental topics to be analyzed will be determined as part of the Initial Study and
NOP scoping process.
MPG will evaluate the necessary information with respect to the existing conditions, the potential adverse
effects of project implementation (both individual and cumulative), and measures to mitigate such effects.
Environmental issues raised during the scoping process (Notice of Preparation responses, Scoping Meeting
comments, and any other relevant and valid informative sources) will also be evaluated. The analyses will
be based upon all available data and results from additional research.
The Environmental Analysis section will thoroughly discuss the regulatory setting, existing conditions for
each environmental topic, identify short-term and long-term environmental impacts associated with the
project, and their levels of significance. Feasible mitigation measures will be recommended to reduce the
significance of impacts and identify areas of significant unavoidable impacts even after mitigation. This section
will include analysis for the environmental issue areas Identified In the Initial Study and based on public and
agency NOP comments received during the Scoping process. Thresholds of Significance will be based on
CEQA Guidelines Appendix G, thresholds used in the General Plan Final PEIR, and other City or applicable
agency standards. In accordance with CEQA Guidelines Section 15130, the SEIR will discuss cumulative
impacts for all the resource issues evaluated in the SEIR.
Alternatives to The Proposed Action
Pursuant to CEQA Guidelines Section 15 126.6, MPG will provide an analysis of up to three alternatives,
comparing the environmental Impacts of each alternative In each Impact area to the project. Each alternative
will be selected in an effort to reduce any identified significant impacts tck less than significant. The team will
work with the City to determine the final selection of alternatives. For each alternative, the team will provide
an analysis of impacts to environmental resources. One important Element of the Alternatives section will
be an impact matrix that will offer a comparison of the varying levels of impact of each alternative being
analyzed. This matrix will be prepared in a format to allow decision -makers a reference that will be easily
understood while providing a calculated, where feasible, accurate comparison of each alternative.
Additional Required CEQA Sections
The following additional sections will be included in the EIR to meet CEQA and City requirements, including
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the following:
Growth Inducing Impacts. Potential growth -inducing Impacts pursuant to CEQA Guidelines
Section 15126.2 will be analyzed in this section based on data from the City of Rosemead. The
section discusses ways in which the proposed project_ could foster economic or population
growth, or the construction of additional housing, either directly or indirectly, in the surrounding
environment
Significant Irreversible Environmental Changes That Would Be Involved in the Proposed
Action Should It Be Implemented. Changes. in the environment and uses on non- renewable
resources that will occur as a result of the proposed project and that can be considered
Irreversible or irretrievable will be evaluated and discussed within this section of the EIR.
• Effects Found Not to Be Significant. The section will provide a qualitative explanation of
Issues checked "No Impact" in the Initial Study in order to substantiate the conclusions of
the Initial Study, along with the "Less Than Significant Impact" and "Less Than Significant
Impact with Mitigation" conclusions from the EIR.
• Significant Unavoidable Impacts. This section will be a comprehensive list of significant
unavoidable impacts associated with the proposed project.
• Organizations and Persons Consulted/Bibliography. Any federal, state, or local agencies, other
organizations, and private individuals consulted in preparing the EIR will be listed in this
section, along with a complete list of reference materials used in preparation of the EIR.
Following receipt of consolidated City comments on the First Administrative Draft SEIR, MPG will
prepare the Second Administrative Draft SEIR for City staff review.
TASK B6.3 ENVIRONMENTAL NOTICING, OUTREACH, AND FILING
Native American Tribal Consultation Per SB 18 and AB 52
MPG will contact the Native American Heritage Commission to provide the list of Native American tribes
to consult Upon receipt of the NAHC letter, MPG will support the City by providing draft letters for City
review and to be put on City letterhead. Upon receipt of the letter back from the City, MPG will transmit
letters via email if available or send letters to Tribes via US Certified Mail or overnight delivery service;
initiating the consultation process under AB -52 and SB -18. MPG will follow-up once with each group via
email or telephone. It is assumed that City staff would meet with requested tribes in person or by telephone.
MPG is available to attend meetings in support of the consultation process on a time and materials basis,
estimated at $450 per meeting. MPG would assist City staff in drafting a summary of the consultation
process.
CEQA Notices
MPG will prepare all CEQA public notices required for the proposed project for City review and sign: Notice
of Preparation, Notice of Completion, Notice of Availability, and Notice of Availability and Notice of
Determination. MPG will be responsible for transmitting notices and a CD/USB driveto designated reviewing
agencies (State Clearinghouse and up to IS agencies). It is assumed that the City will be responsible for
public noticing to comply with City requirements, such as posting notices or newspaper notices.
This scope of work excludes payment of any CDFW filing fees, if applicable. MPG will be responsible for
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filing notices with the State Clearinghouse and Los Angeles County Clerk; however, the City will be
responsible for the payment of any fees for such filings.
Project Coordination
Ms. Morse will assume primary responsibility for the management and supervision of the team, as well
as consultation with the City Staff. She will be involved in all aspects of preparation of the EIR for
compliance with CEQA requirements and City CEQA procedures. She will coordinate with all technical
consultants toward the timely completion of the EIR. The budget assumes twenty (20) hours.
Meetings
MPG Staff will attend up to four meetings with City Staff. This task includes a budget of sixteen (16) hours
for meetings.
TASK B6.4 FINAL DRAFT OF ENVIRONMENTAL ANALYSIS
Draft Supplemental EIR
Following receipt of consolidated City comments on the Second Administrative Draft SEIR, MPG will
prepare the Draft SEIR,
Draft Final Supplemental EIR
The Draft Final SEIR will consist of the Draft SEIR, Responses to Comments, Errata for Final EIR (revised
Draft EIR text, as necessary) and the Mitigation Monitoring and Reporting Program (prepared as part of
Task B6.5). The level of effort required to prepare a Final SEIR is directly related to the number and
complexity of agency and public comments received on the Draft SEIR.
MPG will respond to comments received on the Draft EIR during the 4S -day public review period,
and additional comments raised during public hearings. MPG will prepare thorough, reasoned, and
sensitive responses to relevant environmental issues.
MPG will review and respond to comments received during the Draft SEIR comment period and provide
the First Administrative responses to comments to the City for review. MPG will prepare the Second
Administrative responses to comments to address City comments and submit to the City for review.
Following receipt of City comments on the Second Administrative responses to comments, MPG will
incorporate the revised responses into the Administrative Final SEIR and submit the Administrative Final
SEIR to the City for review. MPG should assume a third review of the Responses to Comments following
review by City Attorney.
For budgeting purposes, responses to comments are assumed to involve referencing commenters to
existing analysis in the Draft SEIR, or clarification and explanation of the existing analysis and conclusions.
Analysis of new Issues, alternatives, or data is assumed to not be needed in responses to comments. Up to
40 hours of MPG staff time may be allocated to the preparation of responses to comments and up to
another 40 hours to finalize the responses to comments and completion of the Final SEIR.
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TASK B.6.5 ADOPTION
Mitigation Monitoring and Reporting Program, Findings, Statement of
Overriding Considerations
In coordination with City staff, MPG will prepare the Mitigation Monitoring and Reporting Program (MMRP),
Statement of Facts and Findings (Findings), and a Statement of Overriding Considerations (SOC), if
necessary
The MMRP will describe the implementation and monitoring approach for mitigation measures included
in the SEIR to address significant impacts. The Findings will specify which mitigation measures have been
incorporated into the project and those measures that have not and will explain why certain measures
have been found to be infeasible. If applicable, the Findings will also identify feasible project alternatives
that could reduce adverse environmental effects but are not being implemented, with an explanation as to
why they are considered to be Infeasible. The SOC will describe any unavoidable environmental effects
and the considerations that warrant approval of the City, despite the unavoidable impacts.
MPG will prepare an Administrative Draft of the MMRP, Findings, and SOC and will submit (electronically)
to the City for review and comment. Once comments are received, MPG will incorporate comments and
produce an electronic copy of the final MMRP, Findings, and SOC.
Public Hearings
MPG will represent the Project Team at public hearings and make presentations, as necessary. MPG will
attend two public hearings, each with the Rosemead Planning Commission and City Council. This task
includes a budget of 32 hours for public hearings. MPG Is available for additional public hearings on a time
and materials basis for an estimated $600 (4 hours) per meeting.
Deliverables for Tasks B6.1 -B6.5
• One (1) electronic file (PDF and Word) ofAdministrative DraftElR
• One (1) electronic frle (PDF and Word) of "Check Copy" ofDraf EIR
• Ten (10) hard copies ofDraf EIR and three (3) hard copies of Draft EIRAppendices
• One (1) electronic copy (PDF and Ward) of DraftElR &Appendices
• Thirtyfive (35) CDs/USB Drives with PDF Files of Drat? EIR & Appendices for City, State
Clearinghouse, and Reviewing Agencies
• One (1) electronic copy (Word) ofDraf Mitigation Monitoring Program
• One (1) electronic copy (Word) of Final Mitigation MonitoringProgranr
• One (1) electronic copy (Word and PDF) ofDraf Comments and Responses
• One (1) electronic copy (Word and PDF) ofDraf Final EIR (includes Comments and Responses,
Mitigation Monitoring and Reporting Program)
• '
One(]) electronic copy (Word) ofDraf Statement of Facts and Findings
• One (1) electronic copy (Word and PDF) of Final Statement of Facts and Findings
•
One(]) electronic copy (Word) of DraftStatement of OverridingConsiderations, ifneeded
• One(]) electronic copy (Word acrd PDF) Draft Statement of Overriding Considerations, ifneeded
• Five (5) hard copies of Final EIR and three (3) hard copies of Final EIRAppendices
• One (1) electronic copy (Word and PDF) of Final EIR
• One (1) electronic copy (Word and PDF) of Native American Consultation Letters