Special Notice / Hearing: None__
Vote Required: Majority
To: Honorable Board of Supervisors
From: Raymond Hodges, Director, Department of Housing
Subject: Agreement with Community Planning Collaborative for 21 Elements Consulting and Cooperative Agreements with the City/County Association of Governments
RECOMMENDATION:
title
Adopt a resolution:
A) Waiving competitive bidding requirements and authorizing the Director of the Department of Housing, or designee(s), in consultation with the County Attorney, to negotiate and execute an agreement with Community Planning Collaborative to conduct the 21 Elements Project (the “Project”) for a total amount not to exceed $1,753,679.00 for the term of July 1, 2024, through June 30, 2027; and
B) Authorizing the Director of the Department of Housing, or designee(s), in consultation with the County Attorney, to negotiate and execute annual cooperative agreements or Memoranda of Understanding with the City/County Association of Governments (“C/CAG”) for the receipt of $175,000 in annual contributions from C/CAG for Project costs incurred for FY 2024-25, FY 2025-26 and FY 2026-27.
body
BACKGROUND:
Since 2008, the Department of Housing (“DOH”) and City/County Association of Governments (“C/CAG”) have co-sponsored a multi-year funded project known as the 21 Elements Project (the “Project”) through which all 21 jurisdictions in San Mateo County (collectively, “Jurisdictions”) cooperate to update their respective Housing Elements required by state law, share information, and work on a wide variety of housing policies and programs.
The Community Planning Collaborative (“CPC”), formerly known as Baird + Driskell Community Planning, has rendered consulting services to the Project since 21 Elements was formed. CPC is recognized as an expert in the fields of housing policy, public participation, long-range strategic planning, land use, and affordable housing. Jurisdictions have consistently expressed that the expertise and support of CPC in providing a cost-effective countywide program is highly valued. Most recently, as part of the sixth cycle of the Regional Housing Needs Assessment (“RHNA”) process, the Project supported Jurisdictions in the preparation and submission of their Housing Elements. C/CAG has provided guidance regarding CPC’s work plan along with financial assistance to share Project costs. The County, through DOH, has been responsible for project management and contract administration.
C/CAG has continued to provide an annual commitment of funding toward the Project costs through cooperative agreements or Memoranda of Understanding (“MOUs”) with the County. On June 13, 2024, C/CAG’s board approved an annual contribution of $175,000 in Congestion Relief Funds to the County to reimburse a share of Project costs in FY 2024-25. Separate cooperative agreements or MOUs will be executed annually between C/CAG and the County to memorialize the terms of C/CAG’s FY 2024-25, FY 2025-26, and FY 2026-27 funding contributions.
The Project is also supported through funding provided by the Regional Early Action Planning Grant Program (“REAP 1.0”). Pursuant to the State’s 2019-20 Budget Act, the California Department of Housing and Community Department (“HCD”) established REAP 1.0 to provide one-time grant funding to regional governments and regional entities for planning and technical assistance activities related to the drafting and submission of Housing Elements. The County received $807,375 in REAP 1.0 funds to augment support to the Project 21 from 2021-2023.
On July 26, 2022, HCD issued a Notice of Funding Availability for a second round of Regional Early Action Planning Grant (“REAP 2.0”) funds. REAP 2.0 is funded from the State General Fund and builds on the success of the REAP 1.0 Program. The County has been awarded an allocation of $690,000 that will support the Project costs through the end of December 2025 (and which is the subject to a separate, pending Board item to approve an amendment to an agreement with the Association of Bay Area Governments to suballocate the full REAP 2.0 award to the County).
DISCUSSION:
The County’s proposed agreement with CPC (the “Agreement”) will be for a three-year term, from July 1, 2024, through June 30, 2027, to conduct the Project. Under the proposed agreement, CPC will provide consulting services, including hosting meetings, trainings and workshops, producing technical assistance materials, launching an Accessory Dwelling Unit Center, and maintaining organization of the Project.
The proposed Agreement would be funded by Measure K, C/CAG funding commitments, and REAP 2.0 funding at a total cost not to exceed $1,753,379. Table 1 below sets forth the various sources of funding and amounts under the Agreement.
|
Table 1 |
|
|
Source of Funds |
Amount |
|
C/CAG |
$525,000 |
|
Measure K |
$538,679 |
|
REAP 2.0 |
$690,000 |
|
Total (July 1, 2024 to June 30, 2027) |
$1,753,679 |
Among other terms and conditions, the County may terminate the Agreement based upon unavailability of any of the above sources of funding by providing written notice to CPC. Staff recommends that the Board authorize the Director of DOH, in consultation with the County Attorney, to negotiate and execute the proposed Agreement.
In connection with the Agreement, DOH recommends that the Board waive competitive bidding requirements. Under the County Ordinance Code § 283.050(e), this Board may waive competitive bidding in any situation where the Board determines that the best interests of the County would be served without the necessity of competitive bidding. Here several factors warrant waiving competitive bidding. First, CPC has consulted for each of the Jurisdictions since the 21 Elements Project began in 2008 and has institutional knowledge of the Project that could not be readily replicated by a new provider. In addition, CPC possesses the background and expertise necessary to address the unique housing challenges in San Mateo County, both of which are critical to the continued success of the 21 Elements Project. Finally, to procure a new consultant for the Project would be disruptive to the Project, creating a gap in service in this critical time when Jurisdictions are wrapping up certifications of Housing Elements and moving into the implementation phase. Accordingly, staff recommends that the Board find that the best interests of the County warrant waiving competitive bidding for the Agreement with CPC.
In addition, to secure additional funding for the Project, staff recommends that this Board authorize the Director of DOH, in consultation with the County Attorney, to negotiate and execute annual cooperative agreements with C/CAG to contribute $175,000 of Congestion Relief Funds annually to the County for the Project for FY 2024-25, FY 2025-26, and FY 2026-27.
Staff anticipates that Jurisdictions other than the County will contribute $45,600 in aggregate each year to the Project. These contributions will be paid directly to CPC and are not part of the County’s MOUs with C/CAG and will not be paid through the Agreement with CPC.
The resolution has been reviewed and approved as to form by the County Attorney.
PERFORMANCE MEASURES:
1. Participating Jurisdictions that report satisfaction with value received from the 21 Elements.
Deliverable: 21 of 21 Jurisdictions report satisfaction.
2. Host meetings, trainings, and workshops.
Deliverable: Facilitate at least 12 meetings a year
3. Produce Technical Assistance Resources
Deliverable: Complete all deliverables specified in the annual work plan.
4. Launch Accessory Dwelling Unit (ADU) Center
Deliverable: Launch website by October 31, 2024. Create steering committee and hire founding director by November 15, 2024.
5. Maintain organization for the Project.
Deliverable: Update list serves, launch and maintain new website, orient new staff members, report to funders.
EQUITY IMPACT:
Entering into the Agreement with CPC and MOUs with C/CAG will positively impact all jurisdictions in San Mateo County that are working towards accelerating housing development and implementing Housing Element policies and programs for low-income and moderate-income households. With the execution and implementation of the Agreement and MOUs, CPC will work with jurisdictions to meet their obligations to affirmatively further fair housing (“AFFH”) or take meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to housing opportunity based on protected characteristics such as race, sex, and disability, among others.
Staff does not anticipate negative equity impacts associated with entering into an Agreement with CPC or cooperative agreements with C/CAG.
FISCAL IMPACT:
The term of the proposed Agreement is July 1, 2024 - June 30, 2027. The Project will utilize $538,679 in Measure K funds included in the FY 2024-25 Recommended Budget which will be transferred to Department of Housing’s budget during the September Revisions budget cycle. There is no net County cost associated with the County’s receipt of REAP 2.0 funds and funding under the C/CAG cooperative agreements authorized by this recommended Board action.