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 Funding MOU with the City/County Association of Governments
RECOMMENDATION:
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Measure K: Adopt a resolution:
A) Authorizing a waiver of the Request for Proposals process and approving the execution of an agreement with Community Planning Collaborative, in a total amount not to exceed $920,697 for the term of July 1, 2023, through June 30, 2025, to conduct the 21 Elements Project; and
B) Approving the execution of a memorandum of understanding with the City/County Association of Governments (C/CAG) for the receipt of $162,893 of C/CAG funds for reimbursement of 21 Elements Project costs incurred in FY 2023-24.
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BACKGROUND:
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”) for the past fifteen years through which all 21 jurisdictions in San Mateo County (collectively, “Jurisdictions”) cooperate to update their respective Housing Elements and share information and work on a wide variety of 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 three Housing Element preparation cycles in 2007-09, 2013-15, and 2021-23 as well as their associated implementation cycles.
Community Planning Collaborative, formerly Baird + Driskell Community Planning (“CPC”) is recognized as an expert in the fields of housing policy, public participation, long-range strategic planning, land use, and affordable housing. CPC has rendered consulting services to the Project since 21 Elements was formed. Under each prior agreement with CPC to conduct the 21 Elements Project, Jurisdictions have expressed that the expertise and support of CPC is highly valued.
The Project provides tools that help Jurisdictions meet or exceed State requirements while reducing their housing element production and implementation costs. Most recently, as part of the sixth cycle of the RHNA process, the Project supported Jurisdictions in the preparation of their Housing Elements, which were due to the State in January of 2023. The State will review and request that Jurisdictions revise their Housing Elements throughout 2023. In order to comply with State law and receive funding from the State, Jurisdictions must have a State certified Housing Element.
On September 14, 2021, the Board of Supervisors approved a two-year contract in an amount not to exceed $1,158,794 with CPC as lead consultants for the sixth two-year phase of the Project (“Phase 6”) of the Project (Resolution No. 078405(a-b)). All Jurisdictions subscribed for Phase 6 services, and each contributed to cost sharing based on its respective size and the level of services each received. C/CAG has provided guidance regarding the consultant’s work plan along with financial assistance to share project costs. DOH has been responsible for project management and contract administration.
In each of the previous two fiscal years, C/CAG contributed $150,000 toward Project costs. On June 8, 2023, C/CAG’s board approved a contribution of $162,893 in Congestion Relief Funds to the County to reimburse a share of Project costs in FY 2021-22. A separate Memorandum of Understanding (“MOU”) will be executed between C/CAG and DOH to memorialize the terms of C/CAG’s FY 2023-24 funding.
The State’s 2019-20 Budget Act allocated $250 million for all regions, cities, and counties within the State to fund planning activities, like the Project, that accelerate housing production to meet identified needs of every community. The State’s Housing and Community Development Department (“HCD”) established the Regional Early Action Planning Grant Program (“REAP”) with $125 million to regions. REAP provides one-time grant funding to regional governments and regional entities for planning activities that will accelerate housing production and facilitate compliance in implementing the sixth cycle of the Regional Housing Needs Allocation (“RHNA”). San Mateo County received $807,375 over a period of three years from 2021 to 2023, for its portion of State REAP funding.
DISCUSSION:
DOH recommends that the Board waive the Request for Proposals (“RFP”) requirement for the agreement with CPC because the best interest of the County would be served without engaging in the RFP process. First, CPC has developed strong relationships with members of each of the Jurisdictions since the 21 Elements Project began in 2008. 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 success of the 21 Elements Project. Finally, to procure a new consultant for the Project, which would include supporting Jurisdictions with the completion of the RHNA process, would jeopardize the successful certification of each Jurisdiction’s Housing Element.
County’s agreement with CPC will be for a two-year term, at a total cost not to exceed $920,697.00 (“Agreement”). Please see Table 1 for funding by fiscal year, by source for this Agreement.
|
Table 1 |
|
|
FY 2023-24 |
|
|
C/CAG |
$162,893.00 |
|
Measure K |
$162,893.00 |
|
REAP |
$269,125.00 |
|
Year 1 Total |
$594,911.00 |
|
FY 2024-25 |
|
|
C/CAG |
$162,893.00 |
|
Measure K |
$162,893.00 |
|
REAP |
$- |
|
Year 2 Total |
$325,786.00 |
|
Total Contract Amount |
$920,697.00 |
|
Total Measure K Amount |
$325,786.00 |
|
Total C/CAG Amount |
$325,786.00 |
|
Total REAP Amount |
$269,125.00 |
In addition to this Agreement, it is anticipated that Jurisdictions, other than County, will contribute $45,600 in aggregate each year to the Project. The County can terminate or amend this Agreement without obligation or penalty if, for example, funding from County’s FY 2024-25 Measure K budget, C/CAG, or other sources cannot be secured for the second year.
The Board’s approval of an agreement with CPC is accompanied by a separate Board action to approve an MOU with C/CAG to contribute $162,893 of Congestion Relief Funds to the County for the Project for FY 2023-24.
County Counsel has reviewed and approved the agreement with CPC, the MOU with C/CAG and Resolution as to form.
PERFORMANCE MEASURE:
|
Measure |
FY 2020-21 Actual |
FY 2021-22 Projected |
|
Participating Jurisdictions that report satisfaction with value received from the 21 Elements |
21 of 21 |
21 of 21 |
FISCAL IMPACT:
The 21 Elements Project will utilize $162,893 in Measure K funds from the FY 2023-24 budget and $269,125 in County’s allocation of State REAP program funds for 2023.