TO:
Honorable Mayor and Members of the City Council
THROUGH:
Bruce Moe, City Manager
FROM:
Anne McIntosh, Community Development Director
Laurie B. Jester, Planning Manager
SUBJECT:Title
Resolution No. 18-0127 Approving a Professional Services Agreement for $30,000 with JHD Planning, LLC for State-Mandated Housing Related Planning Services (Community Development Director McIntosh).
ADOPT RESOLUTION NO. 18-0127
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Recommended Action
RECOMMENDATION:
Staff recommends that the City Council adopt Resolution No. 18-0127 approving a Professional Services Agreement for $30,000 with JHD Planning, LLC for state mandated housing related planning services.
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FISCAL IMPLICATIONS:
The Fiscal Year (FY) 2018-19 Adopted Budget includes funding in the amount of $30,000 for professional services for legally mandated requirements related to State Housing Law.
BACKGROUND:
With the recent passage of the 2017 legally mandated State Housing Law, the City is in need of specially-trained housing and planning consulting services to comply with these new requirements. Planning staff does not have the expertise and/or resources to prepare the required reports to meet these mandates.
In 2012, staff worked with Mr. John Douglas, with J. H. Douglas and Associates, to complete the City’s 2008-2013 Housing Element and the comprehensive update to the City’s 2014-2022 General Plan to meet previous State Housing requirements. Thereafter, ongoing monitoring and reporting requirements for the State Housing and Community Development’s (HCD) Annual Housing Report were required. In 2014, staff continued to work with Mr. Douglas to implement the 2013-2021 Housing Element, after receiving certification by HCD. These services were provided through a Professional Services Agreement with J. H. Douglas and Associates for an amount not-to-exceed $38,136.
Although the current contract with J.H. Douglas and Associates is still valid, the consultant has since changed his corporate name, which results in several changes to the existing contract language. Therefore, rather than amending the existing contract, staff is recommending a new contract for these services. Language has been included in the new proposed contract that upon execution, the existing contract will become null and void.
DISCUSSION:
The new agreement with JHD Planning, LLC (Attachment) provides the City with consulting services to ensure that the City is in compliance with new legally mandated State Housing Law requirements adopted in 2017, which will become effective beginning in 2018 and continue until2021. Most of these new legal requirements are in response to the housing affordability issues that face California, including requirements related to:
• Accessory Dwelling Units (ADUs)
• Southern California Association of Governments (SCAG) growth forecast
• Regional Housing Needs Assessment (RHNA)
• No net loss
• Annual Housing Element reports to the Office of Planning and Research (OPR) and Housing and Community Development (HCD)
• Various status reports on Housing Element Compliance, The Housing Accountability Act, Senate Bill 35, and Transitional and Supportive Housing
• Reports on the 2021 Housing Element Cycle and related CEQA documentation
• Local Coastal Program Amendments and Zoning Code Amendments in order to implement the Housing Element and State requirements
Contracts for services of specially-trained and professional persons are exempt from bidding per Municipal Code Section 2.36.130 (Professional Services). However, because the total value of the two contracts exceeds $50,000, City Council approval is necessary. In conclusion, staff recommends that the City Council approve the new Professional Services Agreement with JHD Planning, LLC.
PUBLIC OUTREACH/INTEREST:
After analysis, staff determined that public outreach was not required for this issue at this time, however the Housing Element and Code Amendments will require public hearings before the Planning Commission and City Council.
ENVIRONMENTAL REVIEW
The City has reviewed the proposed activity, the Agreement Amendment, for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. The Housing Element and Code Amendments will require review under CEQA and that work task is included in the scope of the Agreement.
LEGAL REVIEW
The City Attorney has approved to form the agreement.
Attachments:
1. Resolution No. 18-0127
2. Agreement - JHD Planning, LLC