Special Notice / Hearing: None__
Vote Required: Majority
To: Honorable Board of Supervisors
From: Raymond Hodges, Director, Department of Housing
Subject: Agreement with Baird + Driskell Community Planning for services to support Housing Elements updates and Collaboration Agreement with various jurisdictions for payment and contract administration and management under the Agreement with Baird + Driskell Community Planning
RECOMMENDATION:
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Adopt a resolution authorizing the Director of the Department of Housing or the Director’s designee to execute:
A) An agreement with Baird + Driskell Community Planning in a total amount not to exceed $770,500 for the term of August 1, 2020 through January 31, 2023 to support the 21 jurisdictions within, and including, San Mateo County with their Housing Elements and approving a waiver of the Request for Proposals process for this agreement; and
B) A collaboration agreement with the Town of Atherton, City of Belmont, City of Brisbane, City of Burlingame, Town of Colma, City of Daly City, City of East Palo Alto, City of Foster City, City of Half Moon Bay, Town of Hillsborough, City of Menlo Park, City of Millbrae, City of Pacifica, Town of Portola Valley, City of Redwood City, City of San Bruno, City of San Carlos, City of San Mateo, City of South San Francisco, and Town of Woodside, which sets forth each party’s obligations for payment to the County for reimbursement of costs to Baird + Driskell Community Planning and for contract administration and management under the Agreement with Baird + Driskell Community Planning.
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BACKGROUND:
The California Department of Housing and Community Development (HCD) determines the total number of new homes that need to be built, and level of affordability of those homes, in order to meet the housing needs in each region of California. This determination is called the Regional Housing Needs Determination (RHND). The Association of Bay Area Governments (ABAG) receives the RHND from HCD for the Bay Area region, including San Mateo County, and further distributes the Regional Housing Needs Allocation (RHNA) to each city and county in the Bay Area. ABAG will soon assign the Town of Atherton, City of Belmont, City of Brisbane, City of Burlingame, Town of Colma, City of Daly City, City of East Palo Alto, City of Foster City, City of Half Moon Bay, Town of Hillsborough, City of Menlo Park, City of Millbrae, City of Pacifica, Town of Portola Valley, City of Redwood City, City of San Bruno, City of San Carlos, City of San Mateo, City of South San Francisco, and Town of Woodside (collectively, “Participants”) their respective portions of the Bay Area region RHND. The Housing Element, part of each jurisdictions’ General Plan, sets forth the plan by which the jurisdiction will meet its RHNA.
Under California’s Housing Elements Law (Cal. Gov. Code § § 65580-65655), each jurisdiction in the State is required to update the Housing Element of its General Plan every eight years. The Housing Element must be certified by HCD. The next Housing Element update for Participants is due in January 2023 and, once adopted, will cover the years 2023-2031.
The Department of Housing (DOH) and City/County Association of Governments have co-sponsored a multi-year project known as the 21 Elements Project (the “Project”) through which Participants cooperate to update their respective Housing Elements and share information on housing policies and programs. The Project has proceeded through a number of phases, beginning with facilitating the Sub-Regional Housing Needs Allocation process in 2006-08 and continuing through two Housing Element preparation cycles in 2007-09 and 2013-15 and their associated implementation cycles. Baird + Driskell Community Planning (“Baird + Driskell”) has rendered consulting services to the Project since 2009.
In the previous cycle of Housing Element updates, covering the 2014 - 2022 period, Baird + Driskell provided a set of optional support services for Participants, which helped ensure that all Participants’ Housing Elements were certified by HCD (“RHNA-related Services”). Baird + Driskell has offered a similar package of RHNA-related services to support Participants in their preparation and submittal of their Housing Elements for the 2023-2031 cycle.
DISCUSSION:
All Participants have opted to procure varied levels of Baird + Driskell’s RHNA-related Services for the 2023-2031 Housing Elements cycle. The County will enter into an agreement with Baird + Driskell (“Baird + Driskell Agreement”) for the RHNA-related Services to Participants. DOH recommends that the Board waive the Request for Proposals (“RFP”) requirement for procurement of RNHA-related Services pursuant to Section IV.C (Non-Emergency - General Exemptions) of the San Mateo County Administrative Memorandum Number B-1, dated September 1, 2020, which states that services that are a continuation of an ongoing project and that have unique performance factors do not require competitive procurement. RHNA-related Services are a continuation of the Project, for which the County has contracted with Baird + Driskell since 2009. In addition, the performance factors that are associated with Housing Element updates are set forth by numerous HCD regulations and guidelines, with which Baird + Driskell is familiar.
The County’s agreement with Baird + Driskell will be for a two-year, seven-month term, at a total cost not to exceed $770,500. The contract amount will be funded from Participants according to the following fee schedule:
Jurisdiction |
Cost |
Atherton |
$48,500 |
Belmont |
$11,500 |
Brisbane |
$48,500 |
Burlingame |
$15,500 |
Colma |
$18,500 |
Daly City |
$61,500 |
East Palo Alto |
$54,500 |
Foster City |
$54,500 |
Half Moon Bay |
$54,500 |
Hillsborough |
$11,500 |
Menlo Park |
$54,500 |
Millbrae |
$54,500 |
Pacifica |
$54,500 |
Portola Valley |
$48,500 |
Redwood City |
$21,500 |
San Bruno |
$54,500 |
San Carlos |
$2,500 |
San Mateo City |
$12,500 |
San Mateo County |
$15,500 |
South San Francisco |
$61,500 |
Woodside |
$11,500 |
Total |
$770,500 |
The County can terminate or amend the Baird + Driskell Agreement without obligation or penalty if, for example, funding from Participants or other sources cannot be secured.
The Board’s approval of the Baird + Driskell Agreement is accompanied by a separate Board action to approve a collaboration agreement among Participants to set forth each Participant’s obligations for payment to County for reimbursement of costs to Baird + Driskell for RHNA-related Services provided to each Participant and to the County for contract administration and management under the Baird + Driskell Agreement (“Collaboration Agreement”). Participants, excluding County, are expected to collectively contribute a total of $755,000 to County under the Collaboration Agreement.
County Counsel has reviewed and approved the Baird + Driskell Agreement, the collaboration agreement and Resolution as to form.
Approval of this action facilitates cost-savings and quality-improvement in performance of State mandated planning activities for the County and cities.
FISCAL IMPACT:
The total contract cost is $770,500, of which the cities and towns are expected to contribute $755,000 through the Collaboration Agreement. The net cost to the County for this item is $15,500. Funds for this contract are budgeted in Planning and Building’s FY 2020-21 budget.