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HomeMy WebLinkAboutItem b - Funding Appropriation DATE: November 29, 2022 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director Lisa Flores, Planning & Community Development Administrator SUBJECT: RESOLUTION NO. 7473 AMENDING THE PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES FOR ADDITIONAL WORK NECESSARY TO COMPLETE THE UPDATE TO THE CITY’S HOUSING ELEMENT FOR THE 2021-2029 PLANNING PERIOD IN THE AMOUNT OF $30,000, OFFSET BY A REDUCTION IN THE GENERAL FUND RESERVE, AND EXTENDING THE CONTRACT TERM TO JUNE 30, 2023 CEQA: Not a Project Recommendation: Adopt SUMMARY An amendment to the Professional Services Agreement (“PSA”) with Kimley-Horn and Associates in the amount of $30,000 is needed to complete a substantial number of additional requirements from the State Office of Housing and Community Development (“HCD”) to complete final certification of the City’s Housing Element. The amendment would also extend the term of the PSA with Kimley-Horn to June 30, 2023. It is recommended that the City Council adopt Resolution No. 7473 (refer to Attachment No. 1) authorizing an appropriation to amend the Professional Services Agreement with Kimley-Horn and Associates to complete the update to the City’s Housing Element for the 2021-2029 planning period in the amount of $30,000, offset by a reduction in the General Fund Reserve, and to extend the contract term to June 30, 2023. BACKGROUND In 2021, the City Council authorized a Professional Services Agreement with Kimley- Horn and Associates to update the City’s Housing Element for the 2021-2029 planning period (6th Cycle) in the amount of $208,692, of which a $150,000 was funded by a Local Early Action Planning Grant (“LEAP”) to help defray much of the costs of the Professional Services Agreement with Kimley Horn and Associates November 29, 2022 Page 2 of 4 Housing Element Update work. On March 18, 2022, the City Manager approved a contract amendment in the amount of $7,500 to complete additional requirements from HCD, bringing the contract amount to $216,192. The original deadline for all cities in the State to submit their final draft Housing Element for the 6th planning cycle (2021-2029) to HCD was October 15, 2021, with a “90-day grace period.” However, on January 1, 2022, the state law changed and removed the grace period and mid-cycle review. In its place, the final deadline became October 15, 2022. On February 15, 2022, the City Council approved the draft Housing Element. Since the adoption, the City has been through five extensive rounds of submittal with HCD. These continued and repeated attempts to address the comments and issues provided by HCD have led to a substantial amount of additional work on the Housing Element Update. Based on a meeting and discussion with HCD on October 10, 2022, the City was provided with guidance that if the last remaining items were made and posted on the City’s website for public review for at least seven (7) days, an extension would be granted to October 20, 2022, to accommodate the comment period. Through their review, HCD also informed the City that specific language had to be added to the City’s original Resolution on the Housing Element, even though it was adopted by the Council in February of this year. HCD had also indicated that the revisions to the Resolution would be the last step to achieving certification. The fifth draft was posted on the City’s website for public review on October 13, 2022, and re-submitted to HCD on October 20, 2022, within the prescribed deadline. The revised Resolution No. 7407 for the Housing Element Update was adopted by Council on November 1, 2022. On October 28, 2022, the City received a letter from HCD that one word was omitted from one of the programs for residential care facilities and that group homes must be allowed in all zones that allow residential uses without a conditional use permit. For this reason, the draft Housing Element was not certified. On November 9, 2022, the final amendments with the revised Resolution were submitted to HCD; staff is awaiting approval. The Housing Element Update is still under review by HCD. The path to achieving an approved Housing Element has been complicated by HCD’s continuous changes to their review and certification process, creating impacts for Arcadia as well as many other cities. Therefore, it is necessary to appropriate additional funds to allow for the consultant to complete the additional work and any final coordination necessary to obtain certification. Professional Services Agreement with Kimley Horn and Associates November 29, 2022 Page 3 of 4 DISCUSSION Due to the substantial number of additional requirements imposed by HCD mid-way through the Housing Element Update, an additional appropriation is needed to complete the project. These changes, coupled with HCDs approach to the many iterations of review, have led to a great deal of additional analysis and consultant work. The response to comments was intensive throughout the process, and especially so for the 4th submittal, as HCD required a detailed, site-specific existing conditions summary for every parcel on the inventory (a total of 392 parcels), in addition to edits to other recommended program details, and changes to maps. Also, the extended timeline of the project completion went beyond the anticipated submittal and completion date for the project, which required subsequent work and coordination with the consultants. None of these delays and additional deliverables could have been anticipated and were beyond the scope of the original agreement. While most of the work with Kimley-Horn and Associates is complete, it is recommended that the consultant remain under contract until the final certification letter is received. As such, it is recommended that the City Council extend the contract term to June 30, 2023. During this time, Kimley Horn and Associations will be available to respond to any questions HCD may still have or provide any requested supplemental data. The extended term would provide a buffer in the event there are additional delays in receiving certification. The requested actions would authorize the City Manager to amend the PSA and contract with Kimley Horn to ensure completion of the Housing Element Update efforts. ENVIRONMENTAL ANALYSIS The proposed action does not constitute a project under the California Environmental Quality Act (“CEQA”), as it can be seen with certainty it will have no impact on the environment. Thus, this matter is exempt under CEQA. FISCAL IMPACT The current total contract amount for the Housing Element Update is $216,192, but additional funds are necessary to complete the update for the 2021-2029 planning period. Kimley-Horn and Associates has submitted an invoice for work completed in the amount of $19,010. While this may be the final amount of contract costs, it is recommended that the proposed amendment allocate an additional $30,000 to provide additional funds, should HCD have more corrections to the updated Housing Element. This would bring the total contact amount to $246,192. There is sufficient funding available in the General Fund Reserve for appropriation of the requested $30,000. Professional Services Agreement with Kimley Horn and Associates November 29, 2022 Page 4 of 4 RECOMMENDATION It is recommended that the City Council adopt Resolution No. 7473 authorizing an appropriation to amend the Professional Services Agreement with Kimley-Horn and Associates to complete the update to the City’s Housing Element for the 2021-2029 planning period in the amount of $30,000, offset by a reduction in the General Fund Reserve, and extending the contract term to June 30, 2023. Attachment No. 1: Resolution No. 7473