CONTRACT 6067 Professional Services Agreement CLOSEDAgreement No. 6067
Agreement No.
PROFESSIONAL SERVICES AGREEMENT
P
BETWEEN
THE CITY OF EL SEGUNDO AND
ECONOMIC AND PLANNING SYSTEMS, INC.
This AGREEMENT is made and entered into this 19th day of April , 2021,
by and between the CITY OF EL SEGUNDO, a municipal corporation and general law
city ("CITY") and ECONOMIC AND PLANNING SYSTEMS, INC., a California
corporation ("CONSULTANT"). The parties agree as follows:
1. CONSIDERATION.
A. As partial consideration, CONSULTANT agrees to perform the work listed
in the SCOPE OF SERVICES, below;
B. As additional consideration, CONSULTANT and CITY agree to abide by
the terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONSULTANT a sum
not to exceed Forty -Four Thousand Nine Hundred Thirty dollars ($44,930.00) for
CONSULTANT's services. CONSULTANT acknowledges that it will be paid by funds
received by the CITY from a planning grant for the completion of the Inclusionary
Housing Ordinance for which CONSULTANT performs services on behalf of the CITY.
2. SCOPE OF SERVICES.
A. CONSULTANT will perform services listed in the attached Exhibit "A,"
which is incorporated by reference.
B. CONSULTANT will, in a professional manner, furnish all of the labor,
technical, administrative, professional and other personnel, all supplies and materials,
equipment, printing, vehicles, transportation, office space and facilities, and all tests,
testing and analyses, calculation, and all other means whatsoever, except as herein
otherwise expressly specified to be furnished by CITY, necessary or proper to perform
and complete the work and provide the professional services required of CONSULTANT
by this Agreement.
3. PAYMENTS. For CITY to pay CONSULTANT as specified by this
Agreement, CONSULTANT must submit a detailed invoice to CITY which lists the hours
worked and hourly rates for each personnel category and reimbursable costs (all as set
forth in Exhibit "B") the tasks performed, the percentage of the task completed during
the billing period, the cumulative percentage completed for each task, the total cost of
that work during the preceding billing month, and cumulative invoiced actual
expenditures to date. If the CITY agrees with all of the information listed in the invoice,
CITY will then pay CONSULTANT within net 45 days from
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receipt of the invoice.
4. POLITICAL REFORM ACT. CONSULTANT agrees that it will be
considered a public official subject to the Political Reform Act of 1974 for purposes of
this Agreement. CONSULTANT agrees and warrants that it has no financial interests
which may be materially affected by the project for which the Initial Study, as specified
in the SERVICES, is being prepared. Such financial interests may include, without
limitation, interests in business entities, real property, or sources of income exceeding
$500 received within the past year. CONSULTANT further warrants that, before
executing this Agreement, it reviewed the Political Reform Act of 1974 and the Fair
Political Practices Commission regulations, including, without limitation, Chapter 7 of
Title 2 of the California Administrative Code, Section 18700, et seq., in order to
determine whether any conflict of interest would require CONSULTANT to refrain from
performing the SERVICES or in any way attempting to use its official position to
influence the governmental decisions underlying the subject project(s).
5. FAMILIARITY WITH WORK. By executing this Agreement,
CONSULTANT agrees that it has:
Thoroughly investigated and considered the scope of services to be
performed;
ii. Carefully considered how the services should be performed; and
iii. Understands the facilities, difficulties, and restrictions attending
performance of the services under this Agreement.
6. KEY PERSONNEL.
A. CONSULTANT's key personnel assigned to perform work under this
Agreement and their level of responsibility are as follows but is not limited to:
- Darin Smith, Principal -in -Charge
- Julie Cooper, Project Manager
- Jake Cranor, Technical Analyst
B. The resume of each of the individuals identified in this Section are
attached to this Agreement, collectively, as Exhibit C, and incorporated by reference.
C. In the event CITY objects to the continued involvement with this
Agreement by any of the persons listed in this Section, CONSULTANT agrees that it
will replace such persons with individuals that are agreed to by CITY.
7. PROJECT COORDINATION AND SUPERVISION. Paul Samaras, AICP
will be assigned as Project Manager and will personally supervise or perform the
technical execution of the Project on a day-to-day basis on behalf of CITY and will
maintain direct communication with CONSULTANT's Project Manager.
Paul Samaras, AICP will be responsible for general oversight, negotiations, and
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contractual matters.
8. TERM. The term of this Agreement will start on the Effective Date and end
on December 31, 2022. If the term of this Agreement is extended beyond December
31, 2022, CONSULTANT reserves the right to negotiate the hourly rates outlined in
Exhibit "B." Unless otherwise determined by written amendment between the parties,
this Agreement will terminate in the following instances:
A. Completion of the work specified in Exhibit "A";
B. Termination as stated in Section 15.
9. TIME FOR PERFORMANCE.
A. CONSULTANT will not perform any work under this Agreement until:
CONSULTANT furnishes proof of insurance as required under
Section 22 of this Agreement; and
CITY gives CONSULTANT a written notice to proceed,.
B. Should CONSULTANT begin work on any phase in advance of receiving
written authorization to proceed, any such professional services are at
CONSULTANT's own risk.
10. TIME EXTENSIONS. Should CONSULTANT be delayed by causes
beyond CONSULTANT's control, CITY may grant a time extension for the completion
of the contracted services. If delay occurs in the delivery of milestone work products,
CONSULTANT must notify the City's Project Manager within forty-eight (48) hours, in
writing, of the cause and the extent of the delay and how such delay interferes with the
Agreement's schedule. The City's Project Manager will extend the completion time,
when appropriate, for the completion of the contracted services.
11. CHANGES. CITY may order changes in the services within the general
scope of this Agreement, consisting of additions, deletions, or other revisions, and the
contract sum and the contract time will be adjusted accordingly. All such changes must
be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to
CITY resulting from changes in the services will be determined in accordance with
written agreement between the parties.
12. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide
CITY with a Taxpayer Identification Number.
13. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will
obtain and maintain during the term of this Agreement, all necessary permits, licenses,
and certificates that may be required in connection with the performance of services
under this Agreement.
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14. WAIVER. CITY's review or acceptance of, or payment for, work product
prepared by CONSULTANT under this Agreement will not be construed to operate as
a waiver of any rights CITY may have under this Agreement or of any cause of action
arising from CONSULTANT's performance. A waiver by CITY of any breach of any term,
covenant, or condition contained in this Agreement will not be deemed to be a waiver of
any subsequent breach of the same or any other term, covenant, or condition contained
in this Agreement, whether of the same or different character.
15. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement at any
time with or without cause.
B. CONSULTANT may terminate this Agreement at any time with CITY's
mutual consent. Notice will be in writing at least thirty (30) days before the effective
termination date.
C. Upon receiving a termination notice, CONSULTANT will immediately
cease performance under this Agreement unless otherwise provided in the termination
notice. Except as otherwise provided in the termination notice, any additional work
performed by CONSULTANT after receiving a termination notice will be performed at
CONSULTANT's own cost; CITY will not be obligated to compensate CONSULTANT
for such work.
D. Should termination occur, all finished or unfinished documents, data,
studies, surveys, drawings, maps, reports and other materials prepared by
CONSULTANT will, at CITY's option, become CITY's property, and CONSULTANT will
receive just and equitable compensation for any work satisfactorily completed up to the
effective date of notice of termination, not to exceed the total costs under Section 1(C).
E. Should the Agreement be terminated pursuant to this Section, CITY may
procure on its own terms services similar to those terminated.
F. By executing this document, CONSULTANT waives any and all claims
for damages that might otherwise arise from CITY's termination under this Section.
16. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings,
maps, models, photographs and reports prepared by CONSULTANT under this
Agreement are CITY's property. CONSULTANT may retain copies of said documents
and materials as desired but will deliver all original materials to CITY upon CITY's
written notice. CITY agrees that use of CONSULTANT's completed work product, for
purposes other than identified in this Agreement, or use of incomplete work product, is
at CITY's own risk.
17. PUBLICATION OF DOCUMENTS. Except as necessary for performance
of service under this Agreement, no copies, sketches, or graphs of materials, including
graphic art work, prepared pursuant to this Agreement, will be released by
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CONSULTANT to any other person or public CITY without CITY's prior written
approval. All press releases, including graphic display information to be published in
newspapers or magazines, will be approved and distributed solely by CITY, unless
otherwise provided by written agreement between the parties.
18. INDEMNIFICATION.
A. CONSULTANT agrees to the following:
Indemnification for Professional Services. CONSULTANT will save
harmless and indemnify and at CITY's request reimburse defense
costs for CITY and all its officers, volunteers, employees and
representatives from and against any and all suits, actions, or claims,
of any character whatever, brought for, or on account of, any injuries
or damages sustained by any person or property resulting or arising
from any negligent or wrongful act, error or omission by
CONSULTANT or any of CONSULTANT's officers, agents,
employees, or representatives, in the performance of this
Agreement, except for such loss or damage arising from CITY's
sole negligence or willful misconduct.
Indemnification for other Damages. CONSULTANT indemnifies and
holds CITY harmless from and against any claim, action, damages,
costs (including, without limitation, attorney's fees), injuries, or
liability, arising out of this Agreement, or its performance, except for
such loss or damage arising from CITY's sole negligence or willful
misconduct. Should CITY be named in any suit, or should any claim
be brought against it by suit or otherwise, whether the same be
groundless or not, arising out of this Agreement, or its performance,
CONSULTANT will defend CITY (at CITY's request and with counsel
satisfactory to CITY) and will indemnify CITY for any judgment
rendered against it or any sums paid out in settlement orotherwise.
B. For purposes of this section "CITY" includes CITY's officers, officials,
employees, agents, representatives, and certified volunteers.
C. It is expressly understood and agreed that the foregoing provisions will
survive termination of this Agreement.
D. The requirements as to the types and limits of insurance coverage to be
maintained by CONSULTANT as required by Section 22, and any approval of said
insurance by CITY, are not intended to and will not in any manner limit or qualify the
liabilities and obligations otherwise assumed by CONSULTANT pursuant to this
Agreement, including, without limitation, to the provisions concerning indemnification.
19. ASSIGNABILITY. This Agreement is for CONSULTANT's professional
services. CONSULTANT's attempts to assign the benefits or burdens of this Agreement
without CITY's written approval are prohibited and will be null and void.
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20. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that
CONSULTANT will act as an independent contractor and will have control of all work
and the manner in which it is performed. CONSULTANT will be free to contract for
similar service to be performed for other employers while under contract with CITY.
CONSULTANT is not an agent or employee of CITY and is not entitled to participate in
any pension plan, insurance, bonus or similar benefits CITY provides for its employees.
Any provision in this Agreement that may appear to give CITY the right to direct
CONSULTANT as to the details of doing the work or to exercise a measure of control
over the work means that CONSULTANT will follow the direction of the CITY as to end
results of the work only.
21. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate
records with respect to all services and matters covered under this Agreement. CITY
will have free access at all reasonable times to such records, and the right to examine
and audit the same and to make transcript therefrom, and to inspect all program data,
documents, proceedings and activities. CONSULTANT will retain such financial and
program service records for at least three (3) years after termination or final payment
under this Agreement.
22. INSURANCE.
A. Before commencing performance under this Agreement, and at all other
times this Agreement is effective, CONSULTANT will procure and maintain the following
types of insurance with coverage limits complying, at a minimum, with the limits set
forth below:
Type of Insurance Limits
Commercial general liability: $2,000,000
Professional Liability $1,000,000
Business automobile liability $1,000,000
Workers compensation Statutory requirement
B. Commercial general liability insurance will meet or exceed the
requirements of the most recent ISO-CGL Form. The amount of insurance set forth
above will be a combined single limit per occurrence for bodily injury, personal injury,
and property damage for the policy coverage. Liability policies will be endorsed to name
CITY, its officials, and employees as "additional insureds" under said insurance
coverage and to state that such insurance will be deemed "primary" such that any other
insurance that may be carried by CITY will be excess thereto. Such endorsement must
be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance will
be on an "occurrence," not a "claims made," basis and will not be cancelable or subject
to reduction except upon 30 days prior written notice to CITY.
C. Professional liability coverage will be on an "occurrence basis" if such
coverage is available, or on a "claims made" basis if not available. When coverage is
provided on a "claims made basis," CONSULTANT will continue to renew the insurance
for a period of 3 years after this Agreement expires or is terminated. Such insurance
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will have the same coverage and limitsas the policy that was in effect during the term of
this Agreement and will cover CONSULTANT for all claims made by CITY arising out
of any errors or omissions of CONSULTANT, or its officers, employees or agents during
the time this Agreement was in effect.
D. Automobile coverage will be written on ISO Business Auto Coverage
Form CA 00 01 06 92, including symbol 1 (Any Auto).
E. CONSULTANT will furnish to CITY duly authenticated Certificates of
Insurance evidencing maintenance of the insurance required under this Agreement and
such other evidence of insurance or copies of policies as may be reasonably required
by CITY from time to time. Insurance must be placed with insurers with a current A.M.
Best Company Rating equivalent to at least a Rating of "A:VII."
F. Should CONSULTANT, for any reason, fail to obtain and maintain the
insurance required by this Agreement, CITY may obtain such coverage at
CONSULTANT's expense and deduct the cost of such insurance from payments due
to CONSULTANT under this Agreement or terminate pursuant to Section 15.
G. CONSULTANT agrees to waive all rights of subrogation against the CITY
and its officers, officials, employees, agents, representatives, and certified volunteers
for losses arising from work performed by CONSULTANT under the terms of this
Agreement.
23. USE OF CONSULTANT. CONSULTANT must obtain CITY's prior written
approval to use any consultants while performing any portion of this Agreement. Such
approval must approve of the proposed consultant and the terms of compensation.
24. INCIDENTAL TASKS. CONSULTANT will meet or will participate in
conference calls with CITY on an as -needed basis to provide the status on the project,
which will include a schedule update and a short narrative description of progress during
the past month for each major task, a description of the work remaining and a
description of the anticipated work to be done before the next schedule update.
25. NOTICES. All communications to either party by the other party will be
deemed made when received by such party at its respective name and address as
follows:
If to CITY -
El Segundo Comm. Dev
350 Main St.
El Segundo, CA 90245
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If to CONSULTANT:
Dept. Economic and Planning Systems, Inc.
1330 Broadway, Suite 4502
Oakland, CA 94612
Agreement No. 6067
Attention: Paul Samaras, Principal
Planner Phone: 310-524-2340
Email: psamaras@elsegundo.org
Agreement No.
Attention: Mr. Darin Smith
Phone: 510-626-8437
Email: dsmith@epsys.com
Any such written communications by mail will be conclusively deemed to have
been received by the addressee upon deposit thereof in the United States Mail, postage
prepaid and properly addressed as noted above. In all other instances, notices will be
deemed given at the time of actual delivery. Changes may be made in the names or
addresses of persons to whom notices are to be given by giving notice in the manner
prescribed in this paragraph.
26. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of
interest laws and regulations including, without limitation, CITY's conflict of interest
regulations.
27. SOLICITATION. CONSULTANT maintains and warrants that it has not
employed nor retained any company or person, other than CONSULTANT's bona fide
employee, 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
CONSULTANT's bona fide employee, any fee, commission, percentage, brokerage
fee, gift or other consideration contingent upon or resulting from the award or making
of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may
rescind this Agreement without liability.
28. THIRD PARTY BENEFICIARIES. This Agreement and every provision
herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the
benefit of any other party. There will be no incidental or other beneficiaries of any of
CONSULTANT's or CITY's obligations under this Agreement.
29. INTERPRETATION. This Agreement was drafted in and will be construed
in accordance with the laws of the State of California, and exclusive venue for any
action involving this agreement will be in Los Angeles County.
30. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all
federal, state, and local laws applicable to this Agreement.
31. ENTIRE AGREEMENT. This Agreement, and its Exhibit(s), sets forth the
entire understanding of the parties. There are no other understandings, terms or other
agreements expressed or implied, oral or written. This Agreement will bind and inure to
the benefit of the parties to this Agreement and any subsequent successors and
assigns.
32. CONSISTENCY. In interpreting this Agreement and resolving any
ambiguities, the main body of this Agreement takes precedence over the attached
Exhibits; this Agreement supersedes any conflicting provisions. Any inconsistency
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between the Exhibits will be resolved in the order in which the Exhibits appear below:
Exhibit: A: Scope of Work.
Exhibit. B: Budget / Price Quote
Exhibit: C: Resumes
33. RULES OF CONSTRUCTION. Each Party had the opportunity to
independently review this Agreement with legal counsel. Accordingly, this Agreement
will be construed simply, as a whole, and in accordance with its fair meaning; it will not
be interpreted strictly for or against either Party.
34. SEVERABILITY. If any portion of this Agreement is declared by a court of
competent jurisdiction to be invalid or unenforceable, then such portion will be deemed
modified to the extent necessary in the opinion of the court to render such portion
enforceable and, as so modified, such portion and the balance of this Agreement will
continue in full force and effect.
35. AUTHORITY/MODIFICATION. The Parties represent and warrant that all
necessary action has been taken by the Parties to authorize the undersigned to execute
this Agreement and to engage in the actions described herein. This Agreement may be
modified by written amendment.
36. ACCEPTANCE OF ELECTRONIC SIGNATURES. The Parties agree that
this Agreement, agreements ancillary to this Agreement, and related documents tobe
entered into in connection with this Agreement will be considered signed when the
signature of a party is delivered by electronic (pdf) or facsimile transmission. Such
electronic or facsimile signature will be treated in all respects as having the same effect
as an original signature.
37. CAPTIONS. The captions of the paragraphs of this Agreement are for
convenience of reference only and will not affect the interpretation of this Agreement.
38. FORCE MAJEURE. Should performance of this Agreement be prevented
due to fire, flood, explosion, acts of terrorism, war, embargo, government action, civil
or military authority, the natural elements, or other similar causes beyond the Parties'
reasonable control, then the Agreement will immediately terminate without obligation of
either party to the other.
39. STATEMENT OF EXPERIENCE. By executing this Agreement,
CONSULTANT represents that it has demonstrated trustworthiness and possesses the
quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY.
CONSULTANT represents that its financial resources, surety and insurance
experience, service experience, completion ability, personnel, current workload,
experience in dealing with private consultants, and experience in dealing with public
agencies all suggest that CONSULTANT is capable of performing the proposed
contract and has a demonstrated capacity to deal fairly and effectively with and to
satisfy a public agency.
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[Signatures on next page]
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Agreement No.
Agreement No. 6067
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IN WITNESS WHEREOF the parties hereto have executed this Agreement the
day and year first hereinabove written.
CITY OF EL SEGUNDO
SdVott Mitnick,
City Manager
X TE
for
Tracy Weaver,
City Clerk
for
Mark D. Hensley,
City Attorney
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ECONOMIC AND PLANNING
SYSTEMS, INC.
bdfin Smith
Managing Principal/Secretary
Taxpayer ID No. 94-3056856
Agreement No. 6067
Exhibit A
A a U-no 4=1
Agreement No. 6067
7'1Mh 1,,�6PTd 4AI�tF, tl'I( LrdBM d/ ( .^ff,
Proposal
El Segundo Inclusionary Housing
Ordinance (PBS 20-03)
Prepared for:
City of El Segundo
Prepared by:
Economic & Planning Systems, Inc. (EPS)
Economic & Planning Systems, Inc.
949 South Hope Street, Suite 103
Los Angeles, CA 90015-1454 January 11, 2021
213 489 3838 tel
Oakland
Sacramento
Denver EPS #204048
Los Angeles
www.epsys.com
Agreement No. 6067
Table of Contents
CoverLetter.......,.»....».,..,» ............ .»........ »,......... --...... ....... .......... .»».,.,......... ......... ,.»1
1. Qualifications — ........... »............ .......».,,..,...—......,....,.....»,.,.................»......,.,.......3
2. Project Approach and Team ............................................... ........................— ..9
3. References ....... ................,..,...,.....,...,.,..........».,................,., ...., ,....................17
Appendix A: Staff Resumes
Agreement No. 6067
Cover Letter
January 11, 2021
Paul Samaras, Principal Planner
El Segundo Planning and Building Safety Dept.
350 Main Street
El Segundo, California 90245
Subject: Proposal to Develop an Inclusionary Housing Ordinance
for the City of El Segundo (PBS 20-03); EPS #204048
Dear Paul Samaras:
Economic & Planning Systems, Inc. (EPS) is pleased to submit
this proposal to analyze and develop an inclusionary housing
program for the City of El Segundo. EPS understands that the
City is seeking this study effort to address a shortage in local
affordable housing supply as part of its 61h Cycle Housing
Element.
Founded in 1983, EPS is a land use economics consulting firm
with offices in Los Angeles, Oakland, Sacramento, and Denver.
EPS's practice is at the forefront of evolving affordable housing
policy. We have developed a robust technical and analytical
framework for evaluating the demands for affordable housing,
and our broader practice in housing and residential real estate
development allows us to ensure that inclusionary housing
policies are effectively integrated with other financing
mechanisms and resources. EPS also applies understanding of
real estate economics and land use planning to ensure housing
policies and related zoning requirements effectively balance the
requirement for meeting the area's housing needs with the
feasibility of new development.
EPS has produced studies and ordinances for inclusionary
housing in many California jurisdictions for more than 30 years.
Economic& Planning Systems, Inc.
During the past several years, EPS has prepared studies related
400 Capitol Mall, 28tn Floor
to affordable housing for in the cities of Culver City, Burbank,
Sacramento, CA 95814
San Clemente, Mountain View, San Mateo, Walnut Creek,
916 649 8010 tel
916 6492070 fax
Healdsburg, Petaluma, and Rohnert Park, as well as Los Angeles,
Sonoma, and Mono Counties. EPS is therefore well positioned to
Oakland
provide the City of El Segundo with the services requested.
Sacramento
Denver
Los Angeles
www.epsys.com
Agreement No. 6067
Paul Samaras
January 11, 2021
Page 2
The following proposal contains EPS's proposed work program, schedule, and budget, as
well as more information on the firm's experience and staff expertise. As a Managing
Principal of EPS, I will act as the primary contact for the proposal review process and am
authorized to contractually obligate the organization and negotiate on behalf of the
organization. We have reviewed the terms and conditions prescribed by the RFP and
Sample Agreement and have no exceptions to them. Should EPS be engaged for this
project, I will manage this project, along with EPS Vice President Julie Cooper, who is
located in EPS's Los Angeles office. Our contact information is as follows:
Darin Smith Julie Cooper
1330 Broadway, Suite 450 949 South Hope Street, Suite 103
Oakland, CA 94612 Los Angeles, CA 90015
(510)841-9190 (213)489-3808
dsmith@!gpsys.com .c o er e s s.conn
EPS is enthusiastic about working for the City of El Segundo and happy to address
additional questions you may have and modifications to the scope of work and budget
that better suit your needs. I look forward to hearing from you.
Sincerely,
ECONOMIC & PLANNING SYSTEMS, INC. (EPS)
f
I
w..
A o,
Darin Smith
Managing Principal
Agreement No. 6067
Economic & Planning Systems, Inc. (EPS)
1. Qualifications
About EPS
EPS is a land economics consulting firm experienced in the full spectrum of services
related to real estate development, economic and market analysis, public/private
partnerships, and the financing of government services and public infrastructure. Since
1983, EPS has provided consulting services to hundreds of public and private sector
clients in California and throughout the United States. Clients include cities, counties,
special districts, multi -jurisdictional authorities, property owners, developers, financial
institutions, and land use attorneys. EPS applies a multi -disciplinary approach to our
work, engaging policy issues against the backdrop of fiscal, economic, land use, and
public finance opportunities and constraints. Our areas of expertise include the following:
Housing Policy Analysis
Public Finance and Development Impact Fees
• Fiscal Impact Analysis
• Economic Impact Analysis
Development Negotiations Support
Land Use Planning and Growth Management
0 Real Estate Market and Feasibility Analysis
Regional Economics and Industry Analysis
EPS is a California'S' Corporation. EPS is headquartered in Oakland, California, with
additional offices in Los Angeles and Sacramento, California, and Denver, Colorado.
Oakland, California
Opened: 1983
Address: One Kaiser Plaza, Suite 1410
Oakland, CA 94612
(510)841-9190
Sacramento, California
Opened: 1989
Address: 400 Capitol Mall, 28th Floor
Sacramento, CA 95814
(916) 649-8010
Los Angeles, California
Opened: 2011
Address: 949 South Hope Street, Suite 103
Los Angeles, CA 90015
(213) 489-3838
Denver, Colorado
Opened: 1999
Address: 730 17th Street, Suite 630
Denver, CO 80202
(303)623-3557
EPS provides a variety of services related to the formulation of affordable housing policies
and programs. These include inclusionary housing ordinances and in -lieu fees, nexus
studies to support affordable housing impact fees on residential and nonresidential
development, feasibility analyses and program design for specific development projects'
incorporation of affordable units, preparation of Housing Elements, and comprehensive
Agreement No. 6067
Proposal: El Segundo Inclusionary Housing Ordinance (PBS 20-03)
housing strategies and policies leveraging a wide variety of funding and regulatory
mechanisms. We understand that affordable housing requirements on new development
represent a constraint as well as an opportunity and seek to craft viable balanced
solutions that represent equitable and sustainable solutions to communities' affordable
housing needs.
Selected Relevant Experience
As an integral part of its practice, EPS provides a range of services related to housing
development and policy. EPS's clients for housing analyses include both public- and
private -sector organizations, reflective of EPS's commitment to objective economic
analysis of policies and projects. Among its areas of expertise in housing policy, EPS
works with jurisdictions to develop and retool their inclusionary housing programs to
meet changing markets, including the calculations and analysis to establish nexus -based
and/or in -lieu fees.
EPS has provided services related to this solicitation to California jurisdictions for over
30 years.
Experience Involving Financial Analysis, Housing Policy, and Community
Outreach on Behalf of Local California Jurisdictions
San Clemente Inclusionary Housing Ordinance Update and Fee Study
The City of San Clemente has several different affordable housing policies that are
inconsistent with one another. For example, the General Plan indicates that the City
should have a 15 percent inclusionary requirement, while the zoning ordinance requires
4 percent inclusionary units. In addition, the City has adopted an in -lieu fee that
calculates a developer's obligation in one way, but in practice the City has allowed
developers to pay fees calculated differently. In 2019, EPS was selected to assist the City
to reconcile these differences and adopt a unified approach to inclusionary requirements.
EPS has worked with City staff to review the inclusionary programs of area jurisdictions,
and to explore the feasibility implications of different inclusionary requirements and in -
lieu fee methodologies. EPS's calculations have involved different affordability
requirements as they might be applied to different types of housing developments
(e.g., product types, densities, and tenures). As part of this work, EPS is conducting
individual and group discussions with housing developers and other industry
representatives to ensure that the City's objectives are understood, and the underlying
cost and revenue assumptions are properly vetted. EPS's work is ongoing and has
included two study session presentations to the Planning Commission and City Council
thus far. San Clemente staff expects to take the updated inclusionary ordinance and fees
to Council in early 2021.
San Mateo Inclusionary Housing Ordinance Update and Fee Study
For over 15 years, EPS has conducted numerous studies for the City of San Mateo
regarding affordable housing, including a broad strategy for increasing housing
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production, negotiation support for development projects, and most recently an update to
the City's inclusionary housing ordinance. The City had long allowed developers to choose
whether to provide 15 percent of units at one income level, or 10 percent of units at a
lower income level. For -sale projects provided affordable units at higher price points than
rental projects. The City was interested in updating their policies and practices to better
address their growing need for affordable housing. EPS's calculations involved different
affordability requirements as they might be applied to different types of housing
developments (product types, densities, and tenures) to understand the feasibility
implications of the variations. One interesting aspect of this work was the incorporation of
analysis regarding the impact of the State's density bonus mandates on development
feasibility. EPS also conducted individual and group discussions with housing developers
and other industry representatives to ensure that the City's objectives were understood,
the underlying cost and revenue assumptions were properly vetted, and staff's
recommendations were previewed before going to Council. These communications also
sought developer input regarding the types and scale of various City incentives that
might offset any increased inclusionary housing burden. San Mateo adopted the
inclusionary ordinance update and related in -lieu fees in 2020.
Mountain View Inclusionary Housing Ordinance Update and Fee Study
The City of Mountain View has faced extreme housing pressures as a major employment
center in Silicon Valley. EPS was retained by the City to assist with updating the
inclusionary housing ordinance to better reflect contemporary development economics as
well as evolving policy considerations. In Mountain View's case, the City was interested in
encouraging a diversity of housing pricing within their inclusionary units, rather than a
single income level (for example, all affordable units at 50 percent of AMI). EPS worked
with City staff to understand the economic conditions they hoped to address with the
updated policy and calculated a variety of ways to amend the policy accordingly. The
calculations involved different affordability requirements as they might be applied to
different types of housing developments (product types, densities, and tenures) to
understand the feasibility implications of the variations. EPS also conducted individual
and group discussions with housing developers and other industry representatives to
ensure that the City's objectives were understood, the underlying cost and revenue
assumptions were properly vetted, and staff's recommendations were previewed before
going to Council. Mountain View adopted the inclusionary ordinance update and related
in -lieu fees in 2019. After that effort, the City has retained EPS to assist in
understanding the impacts of SB 330 and how variations in the City's zoning and rent
stabilization ordinances may affect future development opportunities.
Culver City Affordable Housing Commercial Linkage Fee Study
The City of Culver City has engaged EPS to study the adoption of a commercial linkage
fee on new nonresidential development. A commercial linkage fee, also known as a jobs -
housing linkage fee, is a type of impact fee charged to developers of new nonresidential
properties to help support affordable housing for new workers. The conceptual
underpinning of the fee is that new nonresidential development creates new jobs, and
some of these jobs will pay wages below what is required for a worker to afford a
market -rate housing unit in the city. In addition to performing the linkage fee study, EPS
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put together a set of responses to frequently asked questions for the City to post on its
website. EPS also held a virtual town hall to explain the process of calculating the fee to
stakeholders and members of the general public and is conducting a series of workshops
with Council subcommittees. City staff expects that the fee and the related ordinance will
be on the Council agenda in Spring 2021.
Petaluma Housing Fee Studies
Given adoption of the 2015-2023 Housing Element, as well as several changes in local
housing supply, regional housing needs, and broader economic and housing trends, the
City of Petaluma wanted to re -affirm the need for and update the affordable housing
impact fee for new residential and nonresidential development. As part of an overall
update of the City of Petaluma's affordable housing policies and fees, EPS was retained
by the City to update the City's inclusionary housing in -lieu fee for ownership residential
projects and the City's commercial linkage fee. In addition, EPS prepared nexus -based
impact fees for rental housing and ownership housing. After preparing detailed
memorandums, EPS then attended and supported City staff at meetings, presentations,
and public hearings, resulting in the adoption of updated fees in 2018.
Walnut Creek Affordable Housing Impact Fees
The City of Walnut Creek had an inclusionary housing policy and commercial linkage fee
program that had not been updated for an extended period. EPS was retained to conduct
new analysis to determine updated fee levels that reflected contemporary economic
conditions. Beyond a mere mathematical update, the City's leadership was particularly
interested in understanding how changes to their housing -related fees would affect
development feasibility, as well as yield financial resources to advance their affordable
housing goals. Through extensive stakeholder outreach and public meetings, EPS
explored these issues including an analysis of the City's overall development fee burdens
(inclusive of fees for transportation, open space, etc.), a comparison among other
jurisdictions, and an assessment of the effect of fees on project feasibility. EPS also
provided a literature review regarding the impact of inclusionary housing programs on
overall housing production and affordability, as well as case studies of alternatives to
development fees that could be pursued to fund affordable housing, such as local housing
bonds, that could distribute the financial impact rather than relying on new construction
to generate housing funds. The City adopted fees based on EPS's analysis in 2017.
Downtown Fontana Housing Development Guide
As part of the administration of its SB2 Planning Grant Award, the City of Fontana is
attempting to expedite and streamline approvals for housing permit processing and
approval. This entails the review and modification of the City's Downtown Area Plan,
Form -Based Code, and General Plan Land Use policies in order to facilitate non -
discretionary permitting of housing development within the Downtown Area. The City
hopes that this process will create a "Master -Planned" area within the core of the city that
will designate and rezone properties that will provide for additional housing capacity. EPS
is working as part of a consortium to conduct this review and is responsible for modeling
the feasibility of housing prototypes allowed for under the City's current form -based code.
EPS is also analyzing the City's fee reduction and exemption guidelines relative to those
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of nearby cities to determine their impact on housing production in Downtown Fontana,
as well as identifying and proposing amendments to the elements of the City's code that
affects housing density.
Los Angeles County Displacement Mitigation Nexus Study
The County of Los Angeles Board of Supervisors adopted a resolution to discourage
displacement of economically vulnerable populations, including through a "no net loss"
policy regarding existing income -restricted or naturally occurring affordable housing.
Following that County resolution, the State of California passed SB 330, requiring that
such affordable housing units must be replaced if demolished or otherwise lost to
development activity or reinvestment. The County retained EPS to conduct a nexus
study exploring the net cost of replacing any applicable units, by comparing the costs of
new construction for replacement units to their value as income -restricted units. Working
with County staff, EPS identified six different submarkets of the County, each of which
had different economic and physical characteristics, and created pro formas for
replacement construction that corresponded to those localized conditions including
different building types, unit mixes, and land and construction costs. EPS calculated a
nexus -based fee that the County could conceivably charge to developments that
displaced such affordable units, whether through reinvestment to raise rents to market
rates, conversion to condominiums, or demolition and replacement with new market -rate
units. EPS also tested the feasibility of the replacement requirements against the
economics of different types of potential projects and determined that the cost of
required replacement was likely to be a significant deterrent to the loss of existing
affordable housing. The fee calculations and feasibility analysis were presented to the
County Board of Supervisors and adopted in November 2020.
Inclusionary Housing Ordinances and Fee Studies
Mountain View, San Mateo, Healdsburg, Laguna Beach, San Bruno, Newport Beach, Larkspur,
Santa Rosa, Gilroy, Rohnert Park, Petaluma, Sonoma and Mono counties, and other California
jurisdictions
EPS has conducted numerous studies regarding inclusionary housing requirements and
fees throughout California and in other states. In some cases, these studies have been
limited to the calculation of a fee in lieu of a developer's obligation to provide affordable
units under a pre-existing inclusionary ordinance. In other cases, EPS has helped to
create or refine the actual inclusionary ordinances themselves, establishing levels of
affordable housing requirements that appropriately reflect local housing needs as well as
feasibility constraints, and identifying acceptable alternative means of compliance with
the requirements and processes for evaluation and implementation. In most instances,
this work has involved outreach with development industry stakeholders to work through
financial feasibility issues as well as procedural recommendations.
Affordable Housing Residential Nexus Studies
Mountain View, San Mateo, Sunnyvale, Pleasanton, Palm Desert, Walnut Creek, Santa Rosa,
Petaluma, Rohnert Park, and Sonoma County
Many California jurisdictions have adopted inclusionary housing policies and ordinances
requiring developers of new housing projects to provide a proportion of new units as
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"affordable" to households at targeted income levels, or else pay a fee in -lieu of providing
such units. Before AB 1505, several legal challenges affected the implementation of these
long-standing programs, and different communities had different responses to these
challenges. One common response was to conduct nexus studies to establish the
relationship between the addition of households in new market -rate housing and growth
in demand for affordable housing.
EPS has been retained by several jurisdictions to provide technical analysis
demonstrating the relationship between household spending and job creation, and the
affordable housing needs associated with those new jobs. After establishing this
relationship based on local economic factors, EPS has calculated an impact fee that can
be used to subsidize the construction of new units for lower -income worker households.
In addition, EPS typically conducts analysis demonstrating the feasibility impacts of the
potential fees on new housing development, so that jurisdictions can select a fee level
that will enhance rather than thwart their larger housing objectives. This analysis has
been conducted for both for -sale and rental housing.
The levels of effort for these assignments has ranged from simply providing the technical
nexus analysis to conducting surveys of comparable jurisdictions' programs and extensive
feasibility testing of alternative fee levels to assistance or leadership in drafting ordinance
language and implementation guidelines. In each case, public outreach was conducted
during the analysis as well as during the policy discussion that followed. EPS has engaged
with local housing developers and housing advocates during these analyses and in most
cases has presented our findings to boards and elected officials. We have also engaged in
discussions with building industry advocacy groups (and their consultants) and attorneys
representing the Cities. In several cases, building industry stakeholders have
commissioned peer reviews of EPS's technical work by land use economists, and EPS has
publicly addressed the findings thereof to the satisfaction of our clients and elected
officials.
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2. Project Approach and Team
Proposed Approach and Work Program
In recent years, many communities throughout California, including El Segundo, have
seen increased housing demand push average rents and home prices beyond the level
that median -income households can afford. Over time, rising housing costs force many
households to move away from their traditional homes and places of employment.
The lack of access to affordable housing affects all sectors of society and is a problem for
a wide range of workers including those in service -sector jobs and government
employees. When large sectors of the workforce leave an area in search of more
affordable housing, a combination of outcomes can occur: a palpable shortage of labor
and/or increased traffic and pollution problems as workers commute long distances to
their jobs. As quality -of -life measures decline, new industries may be deterred from
moving to the area and existing businesses may decide to relocate, recognizing that they
are not able to attract the labor they need.
The availability of a range of housing options affordable to a range of income levels is
essential to sustaining our communities and must be addressed at both the regional and
local levels. Without strategies to maintain housing options and affordability, the
economic opportunities and quality -of -life aspects that originally led to high housing
demand and high property values may be lost. At the same time, it is critical that these
strategies are aligned with the realities of development economics and are sensitive to
the pressures facing new housing developments, including rising land, labor, and
materials costs. The most successful strategies for building and maintaining an affordable
housing supply are those that find balance between these forces.
The following Work Program describes the Scope of Work proposed by EPS to support the
City in considering the adoption of an inclusionary housing program. Given the iterative
nature of this planning process, and the variety of technical issues that may arise,
various elements of this Work Program may need to be updated as the process unfolds.
Task 1 - Project Initiation Kick-off Meeting with Primary Team Members
EPS will participate in a project initiation kick-off meeting with City staff to discuss the
context of the Project and the specific objectives. The primary goal of this meeting is to
finalize the scope, including the methodology, deliverables, project schedule, and other
project related issues.
EPS will use this opportunity to identify and request existing data, documents, and other
pertinent information that City staff can provide. EPS will also review existing housing
legislation, relevant sections of the Housing Element, and other guidelines before the
meeting, in order to facilitate a discussion with staff about the current context, existing
implementation, and the City's goals for affordable housing development. The program's
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consistency with evolving State law will also be discussed, including the density bonus
law and other factors. In addition, EPS will seek any recommendations that the City can
provide regarding stakeholders with whom EPS should communicate, such as locally
active developers, landowners, advocacy groups, etc.
Deliverables: Meeting Agenda and Notes; Data Request List, Project Timeline
Task 2 — Community Engagement Plan
During the project kick-off stage, EPS will also work with the City to identify the
appropriate target groups of stakeholders with whom to engage in order to both identify
potential issues of concern or priority with regard to inclusionary housing, as well as to
validate various assumptions necessary for the analyses in Task 3. Such groups might
include members from the local business community, commercial and residential
developers that are active in El Segundo, the Chamber of Commerce, housing advocate
groups, and members of the general public with an interest in the Inclusionary Housing
Ordinance. Once EPS and the City staff have identified target groups of such
stakeholders, the City and EPS will coordinate up to five (5) virtual stakeholder
workshops.
While we intend to work closely with City staff to design an optimal engagement plan,
past EPS experience suggests that the initial engagement plan should include an early
meeting with as broad an audience as possible, to introduce the reasons the study is
being pursued (i.e., the City's policy direction to staff and how it relates to State policy),
as well as data regarding housing demand (from Task 3.2 below) and related policies in
comparable jurisdictions (from Task 3.3). This initial meeting will thus set the stage for
the technical analysis still to come but will not focus on the details of pro formas. EPS
will then engage specific stakeholders on an informal basis to vet assumptions required
for the pro formas. Once the Task 3.4 feasibility analysis is complete, EPS will conduct
three workshops with (a) market -rate residential developers, (b) affordable housing
providers and advocates, and (c) broader members of El Segundo's residential and
business communities. At these workshops, EPS will present the findings of the feasibility
analysis and its policy implications and solicit feedback regarding technical work and
policy preferences. EPS will then conduct a fifth and final stakeholder workshop for all
interested parties that summarizes the content and feedback received from workshops
1 through 4 and discusses policy recommendations pursuant to Task 4. For each of these
workshops, EPS anticipates that City staff will participate but not lead the discussion, and
that elected officials will be invited to attend as their interests and schedules allow.
During the implementation of the focus groups, EPS will consider the impact of the
COVID-19 pandemic and the need for virtual meetings, and coordinate with community
leaders to ensure the identified groups of stakeholders have access to these virtual
events.
Deliverables: Community Engagement Plan with marketing plan, techniques,
stakeholder groups, and draft timeline of meeting dates
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Task 3 - Conduct Economic Feasibility Study
Task .1 Establish Methodol _
Using our past inclusionary housing studies as a guide and providing samples for staff
review, EPS will share our intended methodology with City staff to ensure comfort and
acceptance of our approach. In general, the methodology can be described as follows:
1. Understand the local housing market and development economics - review
market data independently and with both staff and stakeholder input to generate
robust assumptions regarding product types, development costs, and market values
2. Assess demand for lower -income housing - using Census -based data, RHNA
targets, jobs -housing balance indicators, and other resources as appropriate, explore
both the quantity and characteristics of housing demand for lower -income households
3. Define a finite number of inclusionary options for exploration - review
El Segundo's policy direction as well as best practices in comparable jurisdictions to
determine the general scale and characteristics of potential inclusionary requirements
(EPS acknowledges the RFPs indication that such parameters may range from 10 to
20 percent of units and reflect income distributions consistent with RHNA)
4. Test the feasibility implications of inclusionary options - prepare pro forma
analysis reflecting different mixes of market -rate and affordable housing for different
residential prototypes (single-family vs. multifamily, rental vs. for -sale, etc.), and see
how the inclusionary requirements and related incentives such as State -mandated
density bonus affect feasibility as measured through profit indicators and/or residual
land values
Through this methodology, the analysis can help the City to understand the following
issues, at a minimum:
What are the basic economics of housing development in El Segundo without any
affordability requirements?
What are the maximum requirements (both in income targets and percentage
requirements) that can be required while still achieving financial feasibility?
0 Do the potential requirements differ between development prototypes or based on
whether affordable units are provided on -site vs. through in -lieu fees?
How might the allowance of an inclusionary housing in -lieu fee affect housing production
and the financial feasibility of projects?
Jggk. .2 Identi' l come Tar ens
Inclusionary ordinances generally require a certain proportion of units in an otherwise
market -rate housing development to be offered at below -market -rate prices. Typically,
the income levels at which the units should be affordable are prescribed in the ordinance
and may vary based on the nature of the development (for -sale vs. rental, single-family
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vs. multifamily, etc.). The City's RFP indicates an interest in exploring requirements at
10, 15, and 20 percent of units, with the incomes distributed according to the City's 61h
cycle RHNA targets. EPS will conduct some high-level analysis of existing and
prospective housing demand by income level in El Segundo to assess how the RHNA-
based income distribution reflects local demand indicators, which may or may not
comport with regional policy objectives. For example, we will explore Census data
regarding the income distribution of existing El Segundo households, the income
characteristics associated with the expansive employment base in the City, and the
prospect for still more employment under the City's buildout plans and how such
employment and related incomes may differ from the current base.
Based on similar experience in other California communities, EPS will also provide initial
insights regarding how the potential mix of income levels affect project feasibility - for
instance, through the application of density bonus - and program implementation - for
instance, any challenges to selling units to Very Low -Income households or renting units
at Moderate Income pricing. EPS will also reference the surveys we shall conduct under
Task 3.3 exploring inclusionary requirements in other communities to see how an
El Segundo inclusionary requirement may compare with practices in those other
jurisdictions. Based on this information, EPS will work with staff to define an initial set of
inclusionary housing parameters for further study.
Task 3.3 Conduct Comoarati_ a Analysis of Inclusionamt Policies
To gain a comprehensive understanding of how comparable cities approach inclusionary
housing, EPS will conduct a survey of up to 12 other jurisdictions in the County and
region that have employed Inclusionary Housing Ordinances in order to achieve their
affordable housing goals. The survey will include the current inclusionary requirements,
as well as any fee amounts by housing type, and implementation considerations such as
distinctions or exemptions by project size or type. EPS will work with City staff to identify
an appropriate set of comparable cities to analyze for this subtask. EPS considers this
contextual understanding to be highly valuable and informative to the overall evaluation.
EPS will be able to leverage material from comparable work for other Southern California
clients, allowing for an efficient work product that will serve to enhance the policy
discussion as well as the final ordinance. As deliverables, EPS will produce a draft and
final version of this comparative review.
For a comprehensive view of the impact of the affordability requirements, EPS will work
with staff to identify several prototypes reflecting observable or expected market trends
in El Segundo, including rental and ownership residential development. For at least three
prototypes, EPS will work with City staff to define the basic parameters, such as heights,
densities, unit sizes, parking ratios, setbacks, etc. During this task, EPS will also confirm
information regarding market conditions for housing in and around El Segundo. Trends
will be documented, including residential market values, land prices, development costs,
and similar factors. EPS will also assess the City's current development pipeline and the
supply of developable land, as data is available from the City's General Plan or other
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sources. This information will help EPS, stakeholders, and City policymakers understand
the current and future context in which the Inclusionary Ordinance is likely to take effect.
The prototypes will be shared and discussed with City staff to arrive at a final set of
assumptions for the pro forma analyses.
EPS will then develop static pro forma models to test the financial feasibility of varying
rental and ownership inclusionary requirements as informed by the results of Tasks 3.2
and 3.3. For each prototype and inclusionary option, EPS will estimate the costs and
values of construction as well as revenues using published data sources and estimate the
expected financial returns and/or residual land values under each scenario. As applicable,
EPS will model the influence of State -mandated density bonus under each scenario,
including how the bonus affects the number of achievable market -rate units, the costs of
land and construction per unit, and the overall financial returns to the developer. The
financial returns will be compared to one another, as well as to contemporary industry
standards for investment or transaction data, to assess the feasibility of each scenario.
EPS will initially develop the pro formas and will share the assumptions and results with
City staff. Following that initial review and with assistance from the City to identify
appropriate participants, EPS will solicit feedback from for -profit and nonprofit developers
to generate consensus regarding the basic project economics. This consensus will be a
critical factor in subsequent analysis of the feasibility of various affordable housing
requirements.
In addition, EPS will calculate an in -lieu fee reflecting each inclusionary alternative and
illustrate and compare the returns for a project that pays the fees (and thus is not
entitled to a density bonus) versus projects that provide on -site units and can benefit
from the density bonus. EPS acknowledges that the City's RFP references a "nexus
study" to illustrate the proportionality of the fees to a project's impact on affordable
housing needs. EPS has ample experience conducting such nexus studies in the "post -
Palmer" era and can apply our nexus approach for El Segundo. This approach involves
an estimate of the spending new market -rate housing residents will generate and the
number and incomes of various jobs supported by that spending, leading to an estimate
of the amount of subsidy required to support the construction of housing affordable to
new lower -income workers. Our budget proposal reflects this expectation, but we are
interested to discuss with staff and the City Attorney whether an alternative approach
may be equally valid that is less time -intensive and therefore costly.
EPS will also explore with City staff any local incentives that might be offered to projects
meeting inclusionary standards, such as fee waivers, expedited processing, parking
reductions, or local add-ons to State density bonus provisions. To the extent that the
financial implications of such incentives can be estimated, EPS will illustrate such
implications through the feasibility analysis.
The results of this initial feasibility testing will be shared with City staff for review and
comment. Following the guidance of City staff, EPS will conduct sensitivity testing on the
results of variations to inclusionary housing program factors including the percentage of
units, income levels, potential in -lieu fees, and other inputs, including an assessment of
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the influence of these factors on the feasibility of different housing prototypes. This
analysis will allow the City to understand the interplay and limits of various program
parameters.
Deliverables: Economic Feasibility Study
Task 4 - Recommendations for Inclusionary Ordinance
Based on the findings of the feasibility study, as well as feedback received from City staff
and stakeholders through engagements described in Task 6, EPS will develop
recommendations for inclusionary housing requirements for the City to adopt, as well as
recommended implementation measures for an inclusionary housing program. Examples
of program considerations include the following, without limitation:
• Total percentages of affordable units required, and percentages by income level
• Potential distinctions between rental and for -sale requirements, and/or between
product types (e.g., multifamily vs. townhomes vs. single-family detached)
• The size of projects subject to the inclusionary requirements (e.g., only projects with
10+ units?)
• The characteristics of projects that may pay an in -lieu fee vs. having to provide units
• The application of an in -lieu fee on a per -unit or per -square -foot basis, or some other
basis such as the market value of the unit
• Incentives the City may wish to voluntarily offer to projects meeting or exceeding
inclusionary standards
• The phasing in of the program, such as whether projects submitted to the City by a
certain date will be exempt
Deliverables: Policy and Methodology Recommendations Memorandum
Task 5 - Preparation of the Inclusionary Housing Ordinance - OPTIONAL
If the City decides to move forward with this optional task, EPS will work with City staff
and City attorneys to develop a draft ordinance that includes program structure, income
targets, set -aside requirements, alternatives for on -site inclusionary housing fulfillment,
developer incentives, monitoring, and evaluation protocols. The Ordinance language will
be informed by similar ordinances adopted in other jurisdictions where EPS has worked,
as well as in the City's neighboring jurisdictions, if relevant. The draft ordinance will
incorporate the recommendations made under Task 4, as well as any feedback made by
the City on those recommendations. The draft Ordinance will then be refined and shared
with the public and used for public hearings with the Planning Commission and City
Council. Following the completion of the public hearing process, the Consultant shall
update the Final Draft based upon City Council comments. EPS will provide primary
authorship of the ordinance drafts but does expect to work closely with staff on the text.
Deliverables: Up to three drafts of the Inclusionary Housing Ordinance
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Task 6 — Project Management, Meetings, Communication Department Staff
At key points during the Study, EPS will participate in discussions with City staff and
development industry stakeholders. EPS will budget participation in four (4) public
hearings, and five (5) meetings with City staff. Due to COVID restrictions, we have
assumed the meetings will be conducted via phone or videoconference. In addition, EPS's
approach to client engagement is to maintain open lines of communications. As such, EPS
staff will remain in communication with City staff and other stakeholders throughout the
process by phone, e-mail, and other means to provide progress updates, preliminary
findings, and address any questions or concerns that arise. As stated in the RFP, EPS will
assist the City in fulfilling the grant performance and reporting requirements by providing
monthly progress memoranda, meeting memoranda, etc.
Deliverables: Meeting Notes, Monthly Status Memoranda, outreach tools, articles,
notices, invoices with supportive back-up information.
Project Team
EPS will bring a team of highly qualified and experienced individuals to successfully
complete this study in concert with the ongoing efforts of the City and other
stakeholders. As a relatively small firm (about 50 employees in 4 offices), EPS's policy is
to bring the most relevant in-house talent to each assignment, and to manage our
workload so that our clients are provided the highest level of service. While we generally
leverage the expertise of our entire staff, each project is assigned a Principal -in -Charge
and Project Manager.
A brief description of the role and background of the key EPS staff assigned to this effort
is provided below. A detailed resume for each staff person below is provided in
Appendix A.
Darin Smith, Managing Principal, will serve as Principal -in -Charge. He will assist in all
phases of the work program, including helping to direct the analytical framework,
providing guidance on technical work, and interacting with City staff and policymakers.
Darin is a recognized expert in housing policy, particularly with regards to developing a
demand -based nexus methodology for affordable housing impact fee programs and
working with jurisdictions to develop fee programs that are economically viable and
promote affordable housing program goals. Over the last 20 years, Darin has worked on
affordable housing programs and related fees for jurisdictions throughout California,
including the cities of Laguna Beach, Newport Beach, Burbank, Sunnyvale, Mountain
View, Pleasanton, San Mateo, Santa Rosa, Walnut Creek, Palm Desert, Watsonville, San
Bruno, Gilroy, Larkspur, Rohnert Park, and Petaluma, and Sonoma and Mono Counties, as
well as in Austin, Texas. Additionally, Darin is currently working on Inclusionary Housing
Program updates for the cities of San Clemente and San Carlos, housing feasibility
studies for Los Angeles County and Mountain View, and an affordable housing linkage fee
nexus study for the City of Culver City. Through these and other projects, Darin has
extensive experience communicating the complex economic realities and financial
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feasibility challenges of affordable housing development with stakeholder groups and to
elected bodies. Darin spoke at the California APA Conference in 2015 on the topic of local
approaches to enhancing funding for and production of affordable housing through nexus -
based fee programs. He will serve as the primary contact for the City and can be reached
by phone at (510) 841-9190 or by e-mail at dsmith(deosys.com.
Julie Cooper, Vice President, will serve as the EPS Project Manager and key project
contact for the City, providing day-to-day organizational support to ensure the tasks and
deliverables are completed with high quality and in a timely manner. She will also
conduct the primary technical analysis for the study and participate in stakeholder
engagement. Julie has worked with municipalities throughout the country, providing real
estate market analysis, development feasibility and fiscal impact modeling for a variety of
land use plans and initiatives. Her experience in affordable housing policy includes
assessing demand and development feasibility for affordable and homeless housing
projects; analyzing the impacts of inclusionary housing policies on market -rate housing
feasibility and development; and conducting market analyses for affordable housing
developers applying for public financing, including Low -Income Housing Tax Credits. As
such, she has a broad understanding of the housing development process from the public
and private side, and of the policy approaches that can promote needed and desired
housing development and related benefits in a community. Julie is in EPS's Los Angeles
office, and is working on affordable housing -related studies in the cities of Culver City,
San Clemente, and Lancaster. She can be reached by phone at (213) 489-3808 or by e-
mail at jcooper2egsyscorn.
Jake Cranor, Senior Associate, will serve as the EPS Technical Analyst for the
engagement, providing research and analytical support for the work program. Jake has
worked with municipalities throughout the state, providing real estate market analysis,
development feasibility and fiscal impact modeling for a variety of land use plans and
initiatives. He has a broad understanding of the housing development process from the
public and private side, and of the policy approaches that can promote needed and
desired housing development and related benefits in a community. Jake also has
experience in working directly with municipal staff, elected officials, and community
members, presenting on and facilitating discussions of community goals and objectives,
local and regional market conditions, and policies that can bring the two into alignment.
Jake is in EPS's Los Angeles office, and is working on an Affordable Housing Linkage Fee
program for the City of Culver City and performing an Inclusionary Housing Fee study for
the City of Folsom. He can be reached by phone at (213) 988-7232 or by e-mail at
16
Agreement No. 6067
Economic & Planning Systems, Inc. (EPS)
3. References
EPS is pleased to suggest that the City of El Segundo contact the following individuals to
learn about the firm's recent engagements relevant to the services sought by the City.
We have provided a brief description of services for each engagement; additional
description is included in the Project Examples subsection in Section 1 above.
Jennifer Savage, Senior Planner, City of San Clemente
910 Calle Negocio, San Clemente, CA 92673
(949) 361-6186; Sava e! @an-clern nte.or
Proiect: San Clemente Inclusionary Housing Ordinance Update and Fee Study (2019-
Present)
EPS is engaged to assist the City in reviewing and updating its existing affordable housing
inclusionary requirements. EPS has worked with City staff to review the inclusionary
programs of peer jurisdictions, and to explore the feasibility implications of different
inclusionary requirements and in -lieu fee methodologies. EPS's calculations have involved
different affordability requirements applied to different types of housing developments
(product types, densities, and tenures). As part of this work, EPS is conducting individual
and group discussions with housing developers and other industry representatives to
ensure that the City's objectives are understood, and the underlying cost and revenue
assumptions are properly vetted.
Wayne Chen, Assistant Community Development Director, City of Mountain View
500 Castro Street, Mountain View, CA 94041
(650) 903-6462; Wayne. chen@mountainvJg1y,ov
Project: Mountain View Inclusionary Housing Ordinance Update and Fee Study (2018-19)
EPS was retained by the City to assist with updating the inclusionary housing ordinance
to better reflect contemporary development economics as well as evolving policy
considerations. EPS worked with City staff to understand the economic conditions they
hoped to address with the updated policy and calculated a variety of ways to amend the
policy accordingly. The calculations involved different affordability requirements as they
might be applied to different types of housing developments (product types, densities,
and tenures) to understand the feasibility implications of the variations. EPS also
conducted individual and group discussions with housing developers and other industry
representatives to ensure that the City's objectives were understood, the underlying cost
and revenue assumptions were properly vetted, and staff's recommendations were
previewed before going to Council.
Sandy Council, Housing Manager, City of San Mateo
330 W. 20th Avenue, San Mateo, CA 94403
(650) 522-7223; ctaun ilci fsanmateo.or'
Pro,iect: San Mateo Inclusionary Housing Ordinance Update and Fee Study (2009)
17
Agreement No. 6067
Proposal: El Segundo Inclusionary Housing Ordinance (PBS 20-03)
EPS has conducted numerous studies for the City of San Mateo regarding affordable
housing, including a broad strategy for increasing housing production, negotiation
support for development projects, and most recently an update to the City's inclusionary
housing ordinance. EPS's calculations involved different affordability requirements as they
might be applied to different types of housing developments (product types, densities,
and tenures) to understand the feasibility implications of the variations, including the
impact of the State's density bonus mandates on development feasibility. EPS also
conducted individual and group discussions with housing developers and other industry
representatives to ensure that the City's objectives were understood, the underlying cost
and revenue assumptions were properly vetted, and staff's recommendations were
previewed before going to Council. These communications also sought developer input
regarding the types and scale of various City incentives that might offset any increased
inclusionary housing burden.
Margot Ernst, Housing Program Manager, City of Walnut Creek
1666 North Main Street, Walnut Creek, CA 94596
(925) 943-5899 x2208; rnst@w lnu-creek.org,
fr ct. Walnut Creek Affordable Housing Impact Fees (2015-17)
EPS was retained to update affordable housing impact fee levels for the City to reflect
contemporary economic conditions. The City's leadership was particularly interested in
understanding how changes to their housing -related fees would affect development
feasibility, as well as yield financial resources to advance their affordable housing goals.
Through extensive stakeholder outreach and public meetings, EPS explored these issues
including an analysis of the City's overall development fee burdens (inclusive of fees for
transportation, open space, etc.), a comparison among other jurisdictions, and an
assessment of the effect of fees on project feasibility. EPS also provided a literature
review regarding the impact of inclusionary housing programs on overall housing
production and affordability, as well as case studies of alternatives to development fees
that could distribute the financial impact rather than relying on new construction to
generate housing funds.
Todd Tipton, Deputy Community Development Director/Economic Development
Manager, City of Culver City
9770 Culver Boulevard, Culver City, CA 90232
(310) 253-5783; todd.tijpton2Lculverdty.org
Pry Culver City Affordable Housing Commercial Linkage Fee Study (2019-Present)
The City of Culver City has engaged EPS to study the adoption of a commercial linkage
fee on new nonresidential development. A commercial linkage fee, also known as a jobs -
housing linkage fee, is a type of impact fee charged to developers of new nonresidential
properties to help support affordable housing for new workers. The conceptual
underpinning of the fee is that new nonresidential development creates new jobs, and
some of these jobs will pay wages below what is required for a worker to afford a
market -rate housing unit in the city. In addition to performing the linkage fee study, EPS
put together a set of responses to frequently asked questions for the City to post on its
is
Agreement No. 6067
Economic & Planning Systems, Inc. (EPS)
website. EPS also held a virtual town hall to explain the process of calculating the fee to
stakeholders and members of the general public.
19
Agreement No. 6067
Exhibit B
Budget
Agreement No. 6067
7)R rr 1, P'rl Y( a b1 d r fP" o/ k.,Ymd f, r',
Proposal
El Segundo Inclusionary Housing
Ordinance (PBS 20-03)
Prepared for:
City of El Segundo
Prepared by:
Economic & Planning Systems, Inc. (EPS)
January 11, 2021
Economic & Planning Systems, Inc.
949 South Hope Street Suite 103
Los Angeles, CA 90015-1454 EPS *204048
213 489 3838 tel
Oakland
Sacramento
Denver
Los Angeles
www.epsys.com
Agreement NO.6067
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Agreement No. 6067
Exhibit C
Resumes
Agreement No. 6067
dlJ! :T�U(,ari
Master of City Planning,
University of Pennsylvania
Bachelor of Arts in
Psychology, University of
Pennsylvania
hereviouas IIlin'vployuaiar.iid
Real Estate and Urban
Planning Consultant, ZHA,
Inc., Annapolis, MD, 1997-
2000
Retail Site Selection
Consultant, Pep Boys, Inc.,
Philadelphia, PA, 1996-1997
Iio[iiou°s auid Aw aiid
Congress for the New
Urbanism "Award of
Excellence" 2001 - Robert
Mueller Municipal Airport
Reuse Plan, Austin, TX
FTA/FH WA/APA
"Transportation Planning
Excellence Award" 2004—
Valley Metro Rail Station
Development Opportunities
and Strategies, Phoenix, AZ
California APA "Award of Merit
for Planning Implementation"
2002—Sonoma County
Housing Element, Sonoma
County, CA
California AIA and APA
"Awhanee Award of Honor"
2002—Hayward Cannery Area
Design Plan
Darin Smith is a real estate economist with broad experience providing strategic
advice to public and private clients on the economic and financial dimensions of land
use and real estate development. Darin has helped numerous jurisdictions create
strategies to promote development of affordable housing, including inclusionary
policies, in -lieu fees, jobs/housing linkage fees, and developer exactions. He also
has particular expertise in urban redevelopment projects large and small,
negotiating public/private development and financing agreements, evaluating
opportunities for transit -oriented development, and creating downtown revitalization
strategies and policies.
Affordable Housing Programs and In -Lieu Fees
For the Cities of Goleta, Laguna Beach, Gilroy, Larkspur, San Bruno, and Newport
Beach and the County of Sonoma, EPS has prepared ordinances requiring
developers to provide affordable units within their market -rate developments or,
under certain circumstances, to pay fees in -lieu of providing affordable units.
Affordable Housing Nexus Fee Studies
For San Mateo, Mountain View, Sunnyvale, Pleasanton, Santa Rosa, and Sonoma
County, EPS has prepared nexus studies documenting the link between the
development and occupancy of new market -rate housing and the demand for
affordable housing, and recommending fees to mitigate these impacts.
Non -Residential Linkage Fee Studies
For Goleta, Santa Rosa, Petaluma, Rohnert Park, Sonoma County, Windsor, and
Alameda, EPS has determined the housing needs created by new retail, office, and
industrial development, recommended fee programs to mitigate those impacts, and
in some cases drafted linkage fee ordinances that have been adopted.
Housing Element Updates
For Sonoma County and the Town of Winters, EPS has prepared Housing Elements
documenting the inventory of housing supply and demand for special populations, a
review of the character and effectiveness of existing policies, recommendations for
new policies, and documentation of available sites for new housing.
Affordable Housing Policy Reviews
Speaker —Best Practices in For the Cities of San Mateo and Santa Rosa, EPS has worked with for -profit and
Speaker - Best Practices in nonprofit housing developers to evaluate and recommend policy options that can
Transit -Oriented enhance the production of affordable housing while minimizing adverse affects on
Development, Rail -Volution the production of market -rate housing.
National Conference, 2007,
2008, 2010 and 2012 Homestead Preservation District Analysis, Austin, TX
Panelist - Urban Land For the City of Austin, EPS is providing an analysis of nationwide "best -practices" to
Institute "Transit -Oriented provide local funding for affordable housing, as well as analysis and
Development Marketplace," recommendations for prioritizing housing investments and creating a sustainable
2007, 2008, 2009, and 2010 financing strategy for affordable housing in gentrifying neighborhoods.
Economic & Planning Systems, Inc. 1330 Broadway, Suite 450 1 Caldand, CA 94612
The Economics of a. a n d Use 510.841.9190 1 dsmith@epsys.com " www epsys.com
Agreement No. 6067
EE
:d: ICa11ll0f.
A,V Oii.
Master of Public Policy, Harris
Julie Cooper joined EPS in 2018, bringing professional experience in land use,
Public Policy at the University
economic, and community development consulting. She has provided strategic
of Chicago, 2014
planning services for a variety of public, private, and institutional clients, including
analysis of market and economic conditions, development feasibility and fiscal
Bachelor of Arts, International
impact modeling, and policy recommendations. She also has extensive experience
Studies, University of Chicago,
in stakeholder and community engagement. Before joining EPS, Julie served as an
2007
Associate at Development Strategies, a St. Louis -based consulting firm.
PauUVkAAS I:::11ldOYIMelll :
SI I I ( II'!II0 )I�ul;:ll ( I V)h,cil I clsli:)I`Jr''til V'I!!II'II I'di`I''
Associate, Development San Clemente Inclusionary Housing Program Update
Strategies, Saint Louis, MO EPS was engaged by the City of San Clemente to review and update its
(2014-2018) inclusionary housing program, focusing on potential revisions to its affordable
Policy Intern, Center for housing in -lieu fee. EPS is conducting financial feasibility analyses to determine
Neighborhood Technology, how the City's current in -lieu fee levels compare to the development feasibility gap
Chicago, IL (2013) for building affordable housing, and help the City identify program adjustments
Research Assistant, Energy that will be most effective in increasing its supply of affordable units. As Project
Policy Institute at Chicago, Manager, Julie is responsible for coordinating with the City staff, conducting
Chicago, IL (2012-2013) research and technical analysis, and producing project deliverables.
Director of Public Relations,
Culver City Commercial Linkage Fee Study
Israel Government Tourist
Office Midwest Region,
EPS is working with the City of Culver City to develop an affordable housing
Chicago, IL (2008-2012)
linkage fee program for new commercial development, to address the impacts of
new businesses on housing supply and affordability for their workers. The program
Affiilial ioin
will complement the City's other affordable housing initiatives, including an
American Planning Association
inclusionary housing program under consideration. EPS's work includes the
Urban Land Institute
technical nexus analysis needed to support the fee, outreach to key stakeholders
and community members, and feasibility analysis to provide guidance on a fee
level that is supportable by new development. As Project Manager, Julie acts as a
point -of -contact for City staff, oversees research and technical analysis by the EPS
team, and is actively involved in stakeholder and community outreach efforts.
Mira Loma Detention Center Site Market Feasibility Study
EPS has been engaged by the County of Los Angeles to lead a Consultant Team in
assessing opportunities for redevelopment of the Mira Loma Detention Center site
in Lancaster. The study tasks include analysis of existing demographic, market,
and site conditions; financial feasibility analysis of potential redevelopment
programs for the site; and an implementation plan for a preferred redevelopment
program. The study will particularly focus on opportunities for developing a variety
of affordable housing products on the site. As Project Manager, Julie is responsible
for coordinating between the City and other members of the consultant team, as
well as conducting existing conditions and financial feasibility analysis.
Economic & Planning Systems, Inc.
The e i:i c o n o m i c> of Land U s e 949 S. Hope St., Suite 102 , Los Angeles, CA 90015
213.489.3808 jcooper@epsys,com w www epsys.com
Agreement No. 6067
Economic & Plannin S stems Inc. PEPS
Master of Business
Administration, Georgia
Institute of Technology, 2020
Master of Urban and Regional
Planning, University of
California, Los Angeles, 2015
Bachelor of Arts, Business and
Management, University of
Glasgow, 2012
IoCV11,Js 1!I11npIaly111aeInf
MBA Intern, Inspire Brands,
Atlanta, GA (2019-2020)
Consultant, A2F Consulting,
Washington, DC (2016-2018)
Project Planner, Stanley R.
Hoffman Associates, Los
Angeles, CA (2014-2016)
Market Analyst, Fresh Mark,
Canton, Ohio, (2012-2013)
> d"idia lilorii^s
American Planning Association
Senior.11ake Cranor
•
Ai wI V
Jake Cranor joined EPS as a Senior Associate in the firm's Los Angeles office in
2020, bringing professional experience in land use, economic development, and
public finance consulting. He has provided strategic planning services for a variety
of public, private, and institutional clients, including analysis of market and
economic conditions, development feasibility and fiscal impact modeling, and
policy recommendations. He also has experience advising on financial sector
development issues in emerging economies. Before joining EPS, Jake assisted
Inspire Brands, a multi -brand restaurant company, with its location strategy in
international markets.
1II F C 111!!1) DIPO 1i C"I Ai`,K) 111).011 I!!'',S1_(;7f'1AI XI"A'!IPH II10'!'
Culver City Commercial Linkage Fee Study
EPS is currently completing an affordable housing commercial linkage fee nexus
study for the City of Culver City. Jake is serving as lead analyst, coordinating with
and collecting data from city and state departments on affordable housing needs;
building the fee model to calculate the maximum allowable fees; and working on
the nexus study document.
Folsom Inclusionary Housing Fee Study
On behalf of the City of Folsom, EPS is reviewing the City's existing inclusionary
housing ordinance and its requirements for affordable housing. EPS is also helping
to estimate the costs of providing affordable units if a project developer elects not
to provide the units on -site. Jake has been responsible for conducting a
comparative analysis of surrounding jurisdictions' affordable housing policies.
Urban Land Institute Fontana Housing Development Guide
For the City of Fontana, EPS is developing a guide for streamlining housing
approvals in Downtown Fontana. Jake is serving as project manager and is
responsible for evaluating economic feasibility of various housing types, reviewing
and modifying the City's form -based code, and reviewing the City's current fee
reduction and exemption guidelines to identify other potential financial incentives
that could be employed by the City to promote housing development in its
downtown.
Tahoe -Truckee Regional Housing Needs Assessment and Action Plan
EPS has been contracted by the Tahoe -Truckee Community Foundation to perform
an update of their 2016 workforce housing needs assessment, and use this
assessment to formulate a housing action plan. The plan will also be informed by
extensive outreach efforts toward local partners and stakeholders. Jake is lead
analyst on the project and is responsible for identifying current demand for
housing among the region's workforce, as well as determining recent and expected
in trends for housing in the area.
Economic & Planning Systems, Inc.
T h e Economics of Land I J s e 949 S. Hope St., Suite 102 - Los Angeles, CA 90015
213,489.3808, jcranor@epsys co ® www,epsys.com