HomeMy WebLinkAboutAgenda Report - January 15, 2003 E-03res UITY F
LODI
COUNCIL COMMUNICATION
A(7,.1?NDA TITLE. Authorize: the City Manager to enter into an agreement with CBS for the preparation of an
update, to the City of Lodi Housing Element and associated Environmental Impact deport.
MEETING DATE: January 15, 2003
PREPARED Y: J.D, Hightower, City Planner
RECOMMENDED ACTION: Authorize the City Manager to enter into an agreement with CBA for
the preparation of an update to the City of Lodi Housing Element and
associated Environmental Impact Report.
BACKGROVfND INFORMATION: According to the adopted State Department of Housing and Community
Development schedule, the City of Lodi should have a cornploted and
certified Housing Element by the end of this year. This is also
identified as a high priority item for the City. Consequently, staff sent
out six Request for Proposals to qualified firms with one Firm responding — CHS. Although only CBA responded,
this finii is one of, if not the most, qualified housing consultant firms. The lack of response is not uncommon, as
the County has hired CBA for their housing element with CBA the only firm responding.
FUNDING: S127,200.00. The, Howsing Element is identified in the development impact fee program and
qualifies for ;State reinibursoment.
Konradt Bart �r� a�
.'r DH
Community Development Director
p_ Clay Manager
0302.doc P - 01/07/03
1. IDENTIFICATION
bis Agreement ernrent i.s effeQtive as of fnc m.._ day of , ')003, by and between the City
of Lodi (hereinaftej- collectively referred to as CITY) and Cotton/Bridges/Associates, a Division of P&D
Consultants, Inc.., (hereinafter refer -red to as "CBA"),
. RECITALS
Whereos, CITY desires to retain CBA to perform profe sion.al planning services in conjunction with the
')1003 Ilousina f�Iement Update and Procrri r: Environmental Impact. Re nrt;
heroas, CBA is well clualiiied by reasono:f`experience to perform such services; and
Wb rens, CBA. is willing to render stio n professional services as hereinafter defined.
Now, therefore, fol' and in consideration of the mutual covenants and conditions herein contained, CITE'
hereby engages C A and CLIA agrees to provide professional services in the compietion of the 2003
Housing Element Update and Prograiat .Environmental Impact Roport.
3. AGREEMENTS
3.1 efin do s: The following definitions shall apply to the following teres, except where the terms
of tla;s, =ent otherwise require:
3.1A "Pro -)ect": Project description contained in Exh�lbit A ofthis Agreement.
3.l .2 "Services"', Saidh. professional s€ices as are necessary to be performed by CIA in order to
complete the plans and studies described in Exhibit B of this Aaj eej gent.
3,13 "Study Area"-, The property (or land) within the. City of Lodi Sphere of Influence, generally
identifiedas in CITY's General flan, and such adjacent lands as CBA determines I -nay have any Impact
or influence on the documents which CBA shall. prepare in the performance of the aforesaid services,
3.2 Agreements of C" A: CIA agrees as follows:
3,2. '1 "I'I.t.at CBA will provide professional services in the preparation of the 2003 Housing I lerne t
Updatc a.nd Program Environmental Impact Report as required. by Exhibit B of this Age reernent.
.1,2.2 That CBA, at CIA's sol-: cost and expense, may ;secure such other persons as, in the opinion Of
CLIA, are needed to comply with the term of the Agreement and, if suchh persons are retained by CIA,
snavh persons shall be fully qualified to perform such services.
3,23 Monthly ii1voices for services shall be submitted b,; CBA for work completed in accordanc,(, with
the schedule contained in E'xhi.bit C of this Agreement.
3, _4 Invoices shall spocily the i:ee, the percentage completion of the: work by task, the allowable total
billing by task, the total invoiced to date, and the amount currently being invoiced.
3.3 Agreements. of CITY: CITY agrees as follows:
3.3.? CITY agrees to pay CBA the sung of $127,200 for the performance of the services identied in
Exhibit B. Par -Teats to CBA shall be made, as follows:
a) CITY slrall. make progress payments to CBA in accordance with the invoice submitted by CBA. on
a monthly basis hidica.t.ing percent complete by task.. If CITY disagrees with any aspect of the
irJvoice., including an1ocrrrt, percent complete or supporting documentation, CITY will notify CRA
in wrhing within 10 days of receipt of hivoice. If invoice is not contested, invoice shall be paid
wlt.hin. 30 clays of date of .invoice, Payment should be, sent to our loekbox: File #055777, Los
Anoe).es, CA 9€ 074_
1) l.. pots completiors of set -Vices, any un.invoiced portion of The contract amount shall be invoiced.
Invoices submitted by CBA in accordance with this sebedule shall be paid within 30 days of the
invoice elate. Payment should be sent to our lockbox: File #055777, Los Angeles, CA 90074,
3.3.2 Additional Services: Payne nts for any services requested by the CITY during the study and not
included in the CBA services identified in F.xhibit 'I shall be paid on a reimbursable bads in accordance
rdance
with the CIA Standard Fee Sohedulc in. effecl at the time the ser -°ices are provided, These costswill
be invoiced r -norm ly and will be paid by CITY within 30 days.
, OWNERSHIP OF DOCUMENTS
All documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by
C13A ander- this Agreement shall be considered the property of CITY upon payment :for services
IserCc mu-- l by CRA, Said documents and n)aterials shall be deliveTed to CITY by CBA at the completion
of the pr,-riect„ however, CBA rnay take arrd retain such copies of said documents and materials as
desired,
IT„
"Iris Agreement may be ten-ru rated. by either party upon the giving of a written "Notice of Termination
to the other party at least fifteen (5) days prior to the termination date specified in said notice. In the
event this Agreement is tenninat.ed, C .A shall be paid in full value of services rcndered; based upon the
percentage o#`completion of CBA's work on the date of termination.
Any and all rrotiGes, dernands, invoices, and written cornmuinications between the parties by mail shall
be add.resscd to the parties as follows:
CottorrlBridges Associates,
A Division of P&D Consultant,,
31140 Rosin Court, Smite. 130
Sacramento. C"alif"ornia 95834
Community development Director
City of Lodi
P,O, Box 3006
Dodi, CA 95241
Any such notlecs, den),auds, invoices andwritten corn aunieations by mail shall be conclusively deemed
ao have been rec.�iveci by the addressee vedays after the deposit thereof in the United States Mail,
postage prepaid aDd properly addressed as saoted above.
1. ENTIRE AGREEMENT
This Agreen Qnl supersedes atiy and all other agreenaent.s, either oral or in writing, betwczen the parties
with respect to alae subject inat.ter herein. Eacb party to this Agreement acknowledges that no
rcpres rotations by any party w'hieln. are not embodied herein and that no other agaeesnent, statement or
promise not contained in this Agreett c at shall be valid wid binding. Any modification of this Agreement
will be effective mily if It ,s irl wotzng Signed by The parties.
B. CONTRACT DOCUMENTS
This €;oaatract and the at,achcd Exhibits comprise the Agreement between the parties concerning the
services to be provided under the terms of this coaatract.
. SAVINGS CLAUSE
If any provision of this Agreement is found to be invalid, void or unenforceable, the remaining
provisions shall nevertheless oontinue in full force and effect without being impaired or invalidated in
any way.
. GOVERNING LAW
Fhis Agreement shall be, governed by and construed in accordance with the laws of the State of
California.
In the (-vert that legal. action is necessary' to enforce the provisions, of the Agreement, the parties agree
Haat the prevailing ;warty in said legal Faction shall be entitled to recover attorney's f:es from the opposing
patty in Eauy arnount determined by the Cour to be: reasonable.
1a ENSU NCE
I2.1 `Type of Insurance, CLIA agrees to maintain in full force and effect daxring the term of this
agreement the I Mowing insurance:
a) (jon :rat liability insurance policy in the amount €af $1,000.000,00 per occurrence and $2,000,00€I.00
aggregate;.
b) professional liability insurance in the amount of 51,000,000.00 per occurrence and $2,000,000.00
agxgre°gate.
c) Workers' compensation msurance; as required by the I.,abor Code of the State of California.
122 Certificate: CBA agrees to provide City with a certificate of insurance indicating required
coverages and designating City as additional insured, if requested.
13. i CSA shall indemnify, hold harmless, and defend CITY, its Council, officers, agents and
employees from and against any and all claims and losses, costs or expenses for any damage resulting
u death or injury to any person and/or injury or damage to any property resulting from any act or
omission of C13A or any of its officers, employees, servants, agents, or subcontractors in the perfor nianee
of this Agreement. Such cost and expense shall include reasonable attorney fees.
13.2 Notwithstanding paragraph 13.1, and as a separate and independent covenant and obligation,
CBA shall indemnify and hold harmless, but not defend CITY, its Council, officers, agents and
employees from and against any damage, liability, loss, cost or expense, (excluding personal injury or
properly darnage which is included in paragraph 13.1) which arise out of CBA's negligent performance
of services under this Agreement provided that such liability, loss, cost or expense is caused by the
ncgligant act or omission of CLIA, or any of its officers, employees, servants, agents or subcontractors
in performance of this Agreement. CBA's obligation for such indemnity and hold harmless under this
paragraph 13.2 shalt not include any obligation to defend CITY, its Council, officers, agents or
employees against any action or claim brought by any person. CBA's obligation to indemnify CITY
shall include reasonable attorney fees if CBA is found to have been negligent in performance of services
under this Contract.
14. ARBITRATION
To the greatest extent possible, the parties shall avoid litigation by resolving disputes through alternative
dispute resolution (ADR). The parties agree to engage in good faith mediation prior to any other ADR
method. Each party shall bear its own Costs in ADR.
15. COUNTERPART EXECUTION
this ,Agreement may be executed in counterparts, each of which so executed shall be deemed an original
irrespective of the date of the execution, and said counterparts, together shall constitute one and the same
agreement.
CITY OF LODI COTTON/BRIDGES/ASSOCIATES
Name John E. Bridges
Vice President
Title
Date Date
448494756.0174
PS/\|l/l4/82
The City of Lodi has requested the assistance of a consultant to update its housing Element, adopted in
1941. Since that time, changes lin local conditions and state law require the City to re-examine the
iding p nciples and assumptions underly ng the cu ent Housing Element. The update occurs at a
time when the cost of land and infrastructure to meet the needs of a growing community have created
a widening gap between the cost of producing housing and the wages of the local workforce,
Under a regional housing allocation plan prepared by the San Joaquin County Council of Governments
(SJC?(,'Y), the City should accommodate 4,014 additional housing units between 2003 and 2008, or 535
dwethni, unts per year, If constructed, these additional dwelling units would represent an annual growth
rate of about three percent. The City has a growth management system that limits annual residential
permit allocations based on a population growth target of two percent, The City does not expect the
growth management system to present a constraint to accommodating the SJCOG housing allocation,
however. Loch's historic rate of increase in housing units has been about one percent, and the City rolls
over unused allocations in any one year to subsequent years.
Of the. City's !(as] housing allocation, 1,654 dwelling units should be affordable to tower-income
households, while another ?38 units should be affordable to moderate-income households, Of the
unused housin' allocations, 1,333 allocations are for high-density residential development that could
acconnmodate lower-income housing, while another 337 allocations are for medium density residential
development that could accommodate moderate-income housing, These unused allocations, in
combination with future allocations anticipated through 2008, should be more than sufficient to
accommodate the City's low- and moderate-income housing needs.
The majority of housing constructed over the cast decade has been lower-density single -family homes
affordable to above moderate-income households. The City has experienced difficulties attracting
developers interested in building moderate- and high-density housing, either market rate housing or
affordable housing for tower-income households, The City desires that the updated Housing Element
contain realistic and implementable policies to attract higher-density housing that will reflect the
aesthetic values of the community yet provide affordable living opportunities for tow- and moderate-
income households.
Residential density and housing affordability are important, but not the only, key issues that the City
desires to address through the Housing EIement update. Another key issue is the protection of prime
farmland and open space buffers between Lodi and its neighbors-, Stockton and Galt. The City wants
to explore non-traditional methods of protecting farmland and maintaining open space that do not rely
on traditional impact fees, which could further increase development costs and make housing Less
affordable,
Finally, the City wants to use the Housing Element update to create an environmental database and
mitigation program to facilitate future residential development, particularly higher -density development,
By preparing a pro gran -level Environmental Impact Report (Elft) as part of the Housing EIement
update, the City hopes to tier and expedite environmental review and improve environmental mitigations
for ffuture residential development projects. The City is especially interested in using the EIR to evacuate
the impacts of residential development scenarios based on different assumptions about residential
density,
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Exhibit B
Task 1; Public Participation
1.1 Public Meetings
CBA will facilitate ten meetings with stakeholder groups identified by CBA and the City. CBA suggests
that these meetings focus on specific topics, key issues of importance to stakeholder organizations. For
example, one meeting could focus on the issue of jobs -housing balance and the local economy, with
participation by business organizations. CBA will prepare a list of recommended topics, organizations
that should be invited to each meeting, and meeting agendas. CBA will also provide a note taker for
each meeting,
WISSWMZIIat
CBA will facilitate two general public workshops. CBA will provide the City with sample public
notices, agendas, and presentations for each workshop. CBA will also provide note takers.
CBA recommends that the first workshop occur within 60 days of project initiation and serve as a
scoping,, issues identification session. CBA will prepare a presentation that suimuarizes the purpose and
contents of the Housing Element, state requirements, and current Housing Element policies. CBA will
solicit participant comments on information that should be considered during the update and issues that
should form the focus of the Housing Element and environmental analysis,
The second public workshop should occur after information has been collected and analyzed for
background sections of the dousing Element. CBA will present its findings and conclusions and
potential housing policy implications.
1.3 Public Hearings
CBA will attend two public bearings each before the planning Commission and City Council, The first
public hearings will be held on the draft Housing Element and program FIR. The second round of
public hearings will be conducted to adopt the final Ilousing Element and certify the FIR after the
Housing Element has been reviewed by the California Department of Housing and Community
Developinent (iICD). CBA will provide supporting information for staff reports and resolutions for
adoration of the housing Element and certification of the FIR.
Products for Task 1:
* sample meeting notices (stakeholder meetings, workshops, public hearings)
o meeting and workshop notes (10 meetings, two workshops)
• workshop presentations (two)
a supporting documentation for staff reports and hearing resolutions
2.1 Background Report (Housing Needs Assessment)
An important focus of the Housing Element update will be a comprehensive housing needs assessment
presented to the City as a background report on existing and projected conditions. Data sources used
in this effort include, but are not limited to the 2000 Census, California Department of Finance,
California Employment Development Department, City agencies, service providers, contacts with
conxmunity organizations, and proprietary data sources. The Background Report will contain the
following:
Population/Household Characteristics, including population growth trends, age distribution,
raee,ethn_icity, employment, household size, household income, and an analysis of the prevalence of
overcrowding and overpayment.
Special Housing Needs Analysis for the disabled, elderly, large families, female -headed households,
the homeless, studenis, farmworkers, military staff, and other groups in the City. The income
characteristics and housing needs of each group will be identified to guide future housing policy.
Housing Stock Characteristics such as building permits, housing unit mix, tenure and vacancy rates,
rental rates and sales prices, and housing condition. This analysis will reveal: 1) the relationship
between changes in household income and housing costs; 2) the impact upon housing overpayment and
overcrowding; and 3) the degree to which available housing addresses the needs of residents. As part
the analysis of housing characteristics, CBA will conduct a sample housing condition survey of up to
500 dwelling units in neighborhoods with concentrations of housing 40 years old or more.
Analysis of Publicly Subsidized Housing. Publicly subsidized housing often comprises a substantial
number of below-market rate units affordable to lower income residents. As required by State law, CBA
will analyze publicly -assisted housing at risk of converting to non -low income uses by 2013 and develop
strategies for the preservation or replacement of the units.
Constraints and Resources, As part of the Housing Element update, CBA will analyze the various
constraints and resources to meeting housing needs identified in the community profile. The analysis of
constraints to the development, maintenance, and improvement of housing includes the cost of
development, land use controls, development standards, fees, and permit processing. CBA will also
review existing General Pian and environmental documents to determine the adequacy of wastewater
treatment systems; streets and roads, water service, and other facilities to support the development of
housing. With passage of gB520 in 2002, jurisdictions must also analyze housing opportunities for
persons with disabilities, including building, zoning, Land use, and permitting processes that affect
housing.
Inventory of Development Capacity of vacant and underutilized land suitable for new development
during the 2003-2008 planning period. SJCEOG has allocated 4,014 total units to the City as their share
of the region's housing need. An important part our analysis will focus on how vacant sites, zoning, and
development standards provide sufficient incentive to facilitate and encourage the production of a range
in housing types and prices in the community.
Inventory of Financial and Administrative Resources available for program implementation, as well
as administrative resources available to help the City achieve its housing goals. CRA will prepare an
inventory of local, State, and federal financial resources as well as public and private organizations that
car.- help the City farther the goals of housing adequacy, housing availability, and housing affordability.
Opportunities for Energy Conservation. CRA will describe the role of energy conservation in
reducing Jong -terns housing costs, conservation techniques and programs, and Local, state, and federal
policies and regulations for energy conservation.
2.2 Draft Housing Element
CBA will prepare a comprehensive Housing Element that meets the following criteria and the City's
concerns pursuant to State taw:
* identifies the availability of sites for a variety of housing types to meet the City's identified housing
needs;
* develops programs to assist in the development, maintenance, improvement, and preservation of
affordable housing which is accessible to residents;
* addresses and, where appropriate, mitigates the constraints which government imposes on the
maintenance, improvement, and development of housing;
* ensures housing opportunities are available for all persons regardless of age, religion, sex, marital
sialus, anecstry, national origin, or color•, and
o maintains internal consistency with other General Plan elements, community goals, and planning
documents.
The Housing Element will contain:
* an evaluation of achievements under the previously adopted Housing Element;
* a Housing Plan with goals, policies, implementation actions, and quantified objectives;
* a discussion of how the City has achieved consistency of the Housing Element with the other
elements of the General Plan; and
* a discussion of how the City solicited participation by all segments of the community in the
development of the Housing Element.
Evaluation of fast Achievements
CRA will document and evaluate achievements under programs listed in the prior Housing Element.
This section will evaluate tine success of prior housing programs to determine the need to modify
existing policies or programs, introduce nein policies or programs, and'or eliminate obsolete programs
in the 2003-2008 Housing Element. The measure of achievements will be the quantified objectives
stated in the prior Housing Element,
Housing Plan
The housing plan represents the tangible steps that the City will undertake over the 2003-2008 planning
period to address the City's housing needs. Formulation of the housing plan builds upon the housing
10
needs identified in the Background Report, and an analysis ofthe Constraints and Resources for meeting
those needs. CBA will prepare a housing plan with the following components:
lIousing Goals and Policies related to the affordability, availability, and adequacy of the City's
housing. CBA will develop goals and policies to address the identified needs and constraints. The
policies will also address the City's ability to attract medium- and high-density residential development
that is consistent "dth the Crtv's aesthetic values and the preservation of prime farmland using proven
iech nqucs that do no rely on traditional impact fees. CSA will examine successful approaches used
in other comrninu es to attract compact, higher -density residential development as a means of
preserving agricultural land.
Action Plan to nnplaznent the goals and policies of the EIement. Actions will build upon applicable
policies and programs developed in the previous Housing Element and will include a detailed statement
of the how the City intends to implement the actions, the responsible agency(ies), the timeframes) for'
each discrete part of the action, and the proposed funding for implementation.
Quantified Objectives. CBA will recommend quantified objectives for specific actions that lend
themselves to quantification and overall quantified objectives that address residential development for
all incinne groups, housing rehabilitation, and the preservation of rental housing, as required by state
law.
General Plan Consistency
CBA will describe how the City achieved consistency of the Housing Element with other General Plan
elements, with a focus on policies in each of the elements that affect housing issues and policies in the
Houszng Element that affect land use and other issues covered by the other parts of the General Plan,
Public Participation
i'his section of the ]lousing Element will summarize the City's public participation program. CBA will
describe how all segments of the community were encouraged to participate in the development of f ie
Housing Element, particularly low-income and special needs residents and organizations providing
services to these residents.
CI3A's objective will be to guide file City through a successful process of ACD review leading to
certification of the City's Housing Element as being in compliance with state law. CBA will assist the
City during the ACD review process by:
® Arranging an on-site meeting with a Department representative prior to the submittal of the Housing
Element. The purpose of the meeting will be to familiarize the Department with local issues and
conditions.
w Coordinating a meeting or conference call with the HCD reviewer prior to the issuance of a comment
letter on the draft Housing Element. The purpose of the meeting will be to discuss the Department's
preliminary comments and provide clarification or additional information prior the issuance of the
Department's review letter.
® Recommending revisions to the Housing Element to respond to HCD comments.
Preparing a revised draft flousing Element for re -submittal to HCD, if necessary-
* Seeking a favorable compliance opinion by HCD prior to Council adoption of the Housing Element,
if possible.
i2
A
Based on comments received from HCD, and direction provided by the City, CBA will prepare a final
Housing Element. CBA will prepare a final administrative draft housing Element for review and
approval by City staff prior to producing a final document for adoption by the City Council.
Products for Task 2
0 . bdirinistraiive Draft Rousing Element - electronic copy and ten copies
Public Review Draft Mousing Element - electronic and one reproduction -ready copy
Revised draft for MCD review (if needed) -- electronic copy
Feral Administrative Draft Housing Element - electronic copy and ten copies
Einar (adopted) Rousing Element - electronic and one reproduction -ready copy
Graphics:
* Map -showing existing residential land use designations and vacant parcels
Map showing the Location of vacant multifamily sites with the development potential by 2008
* Map showing the location of streets/neighborhoods with concentrations of substandard houszrng
Task 3. Program EIR
3.1 € rojact Initiation
CBA will attend an initial meeting with City staff to discuss and refine necessary tasks, responsibility,
product, and timelines. This task is critical in understanding the potential enviromnental impacts of the
Housing Element update given the complexity of land use amendments and circulation issues associated
with the update.
UUMOMMMUMA
CBA will prepare a brief Initial Study to identify to environmental focus of the Program EIR, The Initial
Study will be distributed with the Notice of Preparation_
Project Description
CBA will prepare a project description consistent with a program -level EIR for review by City staff.
Preparation and agreement on the project description is a critical step in the EIR process. This step is
to ensure that CBA has a clear understanding or the overall components of the Housing Element update
program. This step will be completed before the detailed Program EIR analysis is initiated and will
ensure that CBA and City staff are working under the same project assumptions. The project
description, narrative, and accompanying maps will include the project location, potential interactions
13
with nearby projects, the relationship of the housing Element update to local and regional plans, and a
list of the agencies required to act on the project and the sequence of approvals.
The project description will also include the project objectives and a statement of benefits that may
accrue and what needs are met by the Housing Element update. The project objectives and statement
ofjustification will be prepared by the CBA in conjunction with City staff.
Notice of Preparation
CBA will complete a Notice of Preparation (NOP) for distribution by City staff via certified mail or
other method of confirmed delivery. The NOP will be circulated for review by responsible agencies,
City departments and interested members of the public. If requested by the City, CBA will assist in the
identification of organizations and agencies that should receive the Notice. CSA will review comments
received during the 330 -day NOF comment period and will recommend to City staff whether to expand
flie scope of the EIR in response to comments received_
3A Public Seeping Session
White not mandatory, CBA recommends that the City conduct a public scoping session, which we will
facilitate, during the Notice of Preparation period. The scoping session allows interested parties an
opportunity to identify potential environmental 'issues. This seeping session can be combined with an
early public workshop on the housing Element to identify the issues on which to focus the update and.
therefore, the environmental analysis.
3.5 Background Information
CBA will collect and analyze existing environmental information, including information from previous
EIRs, traffic studies, traffic modeling, public service providers, site surveys, GIS and other mapping,
and other environmental technical studies and planning documents that are relevant to the environmental
analysis o`i the I lousing Element update.
3.6 Project Alternatives
Identify Alternatives
Working with City slat % CBA will research other reasonable alternatives and select up to four project
alternatives, including the No Project alternative required by CEQA.
Identify Appropriate 'Thresholds of Environmental Significance
CBA will recommend standards or criteria to determine whether or not a project impact is significant.
This work product provides an important part of the evidence in the record that courts seek when
determining whether or not an agency has properly found an effect to be significant or not significant.
CSA will base significance thresholds on the following:
thresholds used previously by the City for program EIRs;
® standards in state and federal regulations. including CEQA statute and guidelines;
e City General Plan (and other plant policies and regulatory standards;
14
policies and regulations of regional agencies with jurisdiction over the City's planning area; and
published standards by professional associations.
CBA will prepare draft thresholds of significance for City review and produce a final set of threshold
criteria based on City comments.
t � ,
CBA will prepare an Administrative Draft program EIR for review by City staff. The document
organization described below is designed to meet the requirements of CEQA and the CEQA guidelines
for a Program EIR. Draft documents will include all text, tables and figures.
Section I: Introduction
The h roduc*ion will summarize the legal role and purpose of the EIR in the development process, and
the use, structure, and scope of the FIR_
Section 2: Executive Summary
The Executive Summary will identify the following:
each significant effect of the project, including effects that cannot be avoided;
significant effects, cumulative impacts, mitigation measures, irreversible environmental changes,
and growth inducing impacts of subsequent projects assumed in the Housing Element update;
issues of controversy or public disagreement, including issues raised by other agencies and the
public; and
* issues to be resolved, such as the selection of a preferred alternative, the relationship to
subsequent projects, and whether or how to mitigate significant effects.
CBA will format the Executive Summary to clearly identify appropriate agency findings, mitigation
measures, and significant effects ofthe project and subsequent projects in each environmental issue area.
Section 3: Project Description
The project description will characterize the contents of the Housing Element update and project
alternatives. The project description will include land use maps that geographically identify areas
subject to land use change or intensification under the Housing Element,
Section 4: Environmental Setting, 'Thresholds for Determining Environmental Significance,
Impacts and Mitigation Measures
This section, will briefly describe the regional and local environmental setting of the proposed project,
including the current state of the environment, and any applicable local or regional plans affecting the
environmental factors. We have assumed that the City will provide the necessary technical data
establishing the environmental setting for current traffic/circulation conditions. If this information
cannot be provided by the City, CBA will prepare a supplemental scope of work and budget.
Is
['his section will also discuss significant environmental effects and unavoidable adverse impacts,
mitigation measures for each of the project impacts, and Level of significance after mitigation.
While the ultimate environmental topics areas will be determined after the preparation of an Initial Study
and the receipt of responses to the 'Notice of Preparation, the following issues are likely topics for
analysis in the FIR:
Aesthetics. The land use changes associated with the Housing Element update may result in increased
density or intensity in areas designated by the General Plan for medium and high-density residential
uses. Thus, future development in the identified intensification areas has the potential to result in
aesthetic and light and glare impacts. CBA will prepare a general analysis of aesthetic impacts of
proposed ;and use and policy changes. CBA will describe impacts based on: a) potential landform
changes resulting ,"Tom grading of the site; b) future building massing; c) tight and glare; and d)
consistency with applicable scenic corridor policies,
Air Qhudlty. Future development pursuant to the updated Housing Element will result in an incremental
aicrease in local and regional air pollution. Short team and Tong term Local and regional air emissions
that Will result from project implementation, and cumulative impacts may be significant based on the
levet of development expected in Lodi. CBA will prepare the air quality assessment for the proposed
project utilizing the URBEMIS7G air quality modeling program. For the purposes of the Program EIR,
air quality modeling will be conducted for the aggregate changes from existing to developed conditions
for the areas affected by the Housing Element update. The an, quality assessment will include a
qualitative discussion ofpotential short-team construction emissions, as well as a quantitative discussion
of vehicle trips, electricity and gas emissions, Impacts to air quality will be described in terms of: a)
construction related emissions; b) project emissions from vehicular and stationary sources; and c)
relation to existing State and federal standards, and regional air quality attainment plans.
Biological Resources. A professional biologist from CBA will review previously prepared biological
analyses to deternime the potential for special-status species to be present. If necessary, the CBA
biologist will conduct a brief, one-day field reconnaissance to identify biological resources that could
be affected by development likely to occur under the Housing Element update. The field reconnaissance
will serve to confirm vegetation communities identified in San .Joaquin County's county-wide multi-
speores IiCP and other documents reviewed by CBA, determine the presence or potential of the site to
support special-status species, and provide input as to potential biological resources sensitivities in these
areas. No intensive field surveys are proposed in this scope of work.
Cultural Resources. To identify the potential presence of both historical and archaeological resources,
CBA will prepare a cultural resource inventory for the Program EIR. The analysis will be based on
previously prepared studies and a records search completed by the North Central Information Center.
This records search will generate a review of the files maintained by this repository, including maps
depicting previously surveyed areas, site records, archaeological survey axed excavation reports, National
Register Listings, and data on California State Historical Landmarks, Points of Historical Interest, and
local historical inventories within this area. No field inventories are proposed in this scope of work.
Geology and Sails, CBA will describe geology and soil conditions affecting physical development of
lard associated with the Housing Element update. CBA will utilize existing geotechnical reports and
EiRs prepared for projects in the City to address project impacts related to geology/soils.
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Public Safetyt impacts to be addressed in the public health and safety section include hazardous
materials, emergency plans, wildland sires and other hazards potentially affecting Lodi. The existing
conditions and historical use of all the areas are not known. Some areas may have the potential to
contain hazardous materials, be located near hazardous materials generators, or be located in areas
subject to hazards, such as wildland Fires. The future use of some properties for industrial activity also
;las !fie potentia: to expose adjacent residential properties to hazards. For the purposes of the Program
FIR, CBA will utilize the City's existing database for hazardous waste generators (such as fire
department records, previous environmental documents) as well as the EPA's EnviroMapper, to
generally identify potential areas of concern. Other sources, such as the City's General Plan, will be
utilized to asses other hazards as they relate to the proposed amendments.
Lad Use. "Hie existing land use setting will be described, including regional setting, existing land uses,
and local and regional pians. Potential Housing Element update impacts will be described in terms of:
a) land use compatibility between the proposed land uses and existing and planned land uses; b)
consistency with related plans including the City's General Plan, Zoning Ordinance, and other related
plans and programs. This section will analyze land use compatibility issues, including potential effects
on as icultural lands and production. CBA will quantify impacts through Important Farmlands data
obtained from the California Department of Conservation. Potential impacts to agricultural resources
will be described in terms of. a) the feasibility of continued agricultural operations and viability; and b)
the conversion c t agricultural lands on the site and potential impacts to agricultural resources,
Noise. CBA will prepare a noise assessment utilizing the FHWA noise prediction model. The noise
assessment for roadways will be coordinated with the scope of analysis of the traffic study. T1ne noise
section of the Program MR will address short-term construction noise impacts, on-site operational
impacts and compatibility with surrounding uses, railroad noise (where applicable), and vehicular noise.
Population anal flousin.a. CBA will quantify the proposed land use changes consistent with existing
and proposed policies and standards, Population and housing will be addressed with respect to local and
regional planning pr ejections for population,, housing, and employment and jobs/housing balance. CBA
will evaluate tine City's ability to accommodate its SJCOG-assigned housing allocation for each income
level Impacts to population and housing will be identified, and mitigation for significant impacts will
be proposed.
Public Facilities and Services. Proposed intensification of residential development may affect public
facilities and services such as water, wastewater, schools, fire, police, parks, and solid waste disposal.
The CBQA Guidelines require an assessment of the capacity of infrastructure to serve proposed
development. Particular attention will be given to assessing the impact of land use changes on water and
server facilities. CBA will evaluate whether adequate facilities are available to serve the community,
the physical impacts of the facilities themselves, such as extension of facilities; and the growth induction
potential of any capacity increases or extensions of service needed to accommodate development under
the project. Cumulative pursue services and facilities impacts will be summarized in this section, with
a reference to the detailed cumulative analysis included separately in the EIR. Impacts of the proposed
protect on public services and facilities will be described with respect to the demand for these public
services and facilities and the physical impacts associated with the provision of expanded or altered
facilities needed to maintain acceptable levels of service ratios, response time, or other performance
objectives
a
Circulatiom The dousing Element update will result in an increase in the intensity of residential land
uses, and with an associated higher level of traffic generation than currently planned land uses. CBA
will review the traffic studies prepared by the City, and summarize existing conditions and Level of
service. We will use the City's traffic model to calculate potential changes in traffic level of service
resulting from proposed changes in land use.
Project Alternatives. CBA will evaluate the potential environmental impacts of alternatives to the
dousing Element update in retortion to each alternative's ability to meet the goals and objectives of the.
updated Tiousing Element. To allow decision makers to consider the advantages and disadvantages of
subsequent projects and project alternatives compared to the proposed protect, CBA will include a matrix
of impacts. The matrix will compare the impacts of each alternative and their relative significance in
relation: to tic proposed protect.
Cumulative and Long -Term Effects. This section will include the CEQA-mandated analyses,
including Long-term effects, cumulative effects, and growth inducing effects.
Organizations and Persons Consulted. This section will identify organizations, persons and
documents consulted in preparation of the EIR. CBA will also identify individuals involved in the
preparation of the document.
Appendices. The Appendices will include a copy of the NOP, Responses to Comments on the Draft
Program FIR and Comment Letters, and the associated EIR technical reports.
CBA will prepare a Draft Program EIR for public circulation and comments that incorporates revisions
to the administrative Draft Program EIR directed by the City.
Submit3.9 Respond to Comments, Program EIR , Findings an—r
Statements of Overriding Considerations I
Responses to Comments
CBA will prepare responses to comments received on the Draft FIR and a matrix that summarizes each
caznmem, the source, and date. CBA assumes that the Housing Element update will generate a moderate
level of public interest and that a moderate number of comments will be submitted on the Draft ETR.
CBA has budgeted for 100 comments, which we believe is consistent with our assumption regarding
the Level of public interest. If more than 100 comments are received, or if continents raise new issues
or require additional analysis not anticipated in our assumption, CBA will prepare a supplemental scope
of work and budget for the additional comments.
Final FIR
CBA will prepare a Pinel Program EIR including the following changes to the Draft Program EIR:
• Revised cover page,
• Revised table of contents,
• Revised text of EIR incorporating changes in response to comments on the Draft, and
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Comments received and responses to comments on the Draft FIR.
Findings and Statement of Overriding Considerations
CBA will prepare the draft Findings and Fact pursuant to CLQA Guidelines for significant
environmentit effects of the project, and a draft Statement of OVerridina Considerations if required for
City Council action.
i9
The City's 2003-2008 1lousing Element is required to be adopted by December 31, 2003. We have
prepared the following schedule to expedite the preparation process. Based on our experience with
jurisdictions of similar size, the approximate tune frame for the housing element update would be one
vear.
Milestone Completion Date
Project Initiation February 2003
Task 1: Public Participation
February — December 2003
Public l eenruys
February— April 2003
1.2 Public Workshops
May 2003
Workshop #1
March 2003
Workshop *2
May 2003
1.3 Public clearings
July 2003
Draft Housing Element
August 2043
Final I lousing Element
December 2043
Task 2: Preparation of Draft and Final Housing Element
2.1
Background Report (I lousing Needs Assessment)
April 2003
3.2
Draft dousing Element
May 2003
3.3
Administrative Draft
.lune 2003
3.4
Public Review Draft
July 2003
3,5
HCD Review Draft
August 2003
2.3
HCD Review
September — October 2043
2.4
Final Housing Element
June 2003
3.8
Final Administrative Draft
November 2003
3.59
Final Housing Element
December 2003
Task 3: Program EIR
3,1
Project initiation
February 2003*
3.2
Initial Study
May 2003
3.3
Notice of Preparation and Project Description
May 2003
3.4
Public Scoping Session
March 2003**
3,5
Background Information
May 2003
3.5
Project Alternatives/Thresholds of Significance
June 2403
3.7
Administrative Draft Program EIR
June 2003
3.8
Draft Public Review Program FIR
July 2443
3.59
Final Program EIR
November 2003
*Assumes that consultant selection occurs after January 1, 2003 and execution of a contract occurs by
January 31, 2001
**Scoping session to be conducted simultaneously with first workshop under Task 1,
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