9 Resolution Authorizing the City Manager to Execute a Professional Services Agreement with MintierHarnish to Prepare the Housing Element Update to the Livingston General Plan and Authorize up to $44,500 to be Allocated for that Purpose.

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STAFF REPORT

AGENDA ITEM: Resolution Authorizing the City Manager to Execute a Professional Services Agreement with MintierHarnish to Prepare the Housing Element Update to the Livingston General Plan and Authorize up to $44,500 to be Allocated for that Purpose.

MEETING DATE: December 1, 2015

PREPARED BY: Randy Hatch, Contract City Planner

REVIEWED BY: Eddie Duque, City Manager

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RECOMMENDATION:

• Adopt a Resolution authorizing the City Manager to execute a Professional Services Agreement with MintierHarnish to prepare the Housing Element Update to the Livingston General Plan and expend up to $44,500 in that effort.

BACKGROUND AND DISCUSSION:

On October 20, 2015, the Council selected MintierHarnish to prepare the update to the City’s Housing Element for the 2016 -2024 period. The Council directed City staff to prepare the details of an Agreement to perform this work and bring it back to Council for approval. Staff has done that and attached is an Agreement, using the City’s standard professional services form, with the Scope of Services detailed as Exhibit A and the Cost Proposal as Exhibit B.

Please note that Exhibit B shows a cost of $35,750. In the staff report for the October 20, 2015 meeting, staff indicated the wisdom of designating up to $44,500 for the Housing Element preparation to allow for unforeseen contingencies. Staff continues to recommend a budget authorization of up to $44,500 to allow for an approximate 20% contingency.

ATTACHMENTS:

1. Resolution 2015-_ with attached Housing Element Update Professional Services Agreement Exhibit A – Scope of Services

Exhibit B -Cost Proposal

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RESOLUTION NO. 2015-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH MINTIERHARNISH TO PREPARE THE HOUSING ELEMENT UPDATE TO THE LIVINGSTON GENERAL PLAN

WHEREAS, the City is required by State law to update its Housing Element for the 2016 -2024 period; and

WHEREAS, the City determined it needed the assistance of a planning consultant to prepare the Housing Element update; and

WHEREAS, the City prepared a Request for Proposals to update the Housing Element and transmitted the Request to a list of 10 qualified planning consultants; and

WHEREAS, the City received three proposals and convened an interview panel to evaluate the proposals and ask questions; and

WHEREAS, the interview panel recommended MintierHarnish to prepare the City’s Housing Element update and at a public meeting on October 20, 2015, the City Council of the City of Livingston endorsed the panel’s recommendation and selected MintierHamish as the planning consultant firm to prepare the Housing Element update on a 3-0 vote.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livingston as follows:

1. The City Manager is authorized to execute a Professional Services Agreement with MintierHarnish pursuant to City Council direction in substantially the same form as attached hereto and as approved by the City Attorney.

2. Authorize up to $44,500 to be expended for the Housing Element Update.

Passed and adopted this 1st day of December, 2015, by the following vote: AYES:

NOES:

ABSENT:

ABSTAIN:

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Rodrigo Espinoza, Mayor of the City of Livingston

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ATTEST:

I, hereby certify that the foregoing Resolution was regularly introduced, passed, and adopted at a regular meeting of the City Council of the City of Livingston this 1st day of December, 2015.

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Antonio Silva, City Clerk of the City of Livingston

PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF LIVINGSTON AND

MINTIERHARNISH PLANNING CONSULTANTS

 

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SCOPE OF SERVICES

Scope of Services

Phase 1: Project Initiation

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Task 1.1: Kick-Off Meeting

The Consultants will attend a Kick-Off Meeting with City staff to gain a complete understanding of the Housing Element Update. The meeting will include:

• reviewing the scope of work and schedule;

• discussing information sources ; identifying critical housing issues based on City staff’s perspective;

• reviewing recent draft and adopted plans;

• reviewing any recent or proposed land use changes;

• discussing the desired style and format of the Housing Element;

• reviewing housing element legal requirements;

• reviewing HCD’s Implementation Review Checklist and discussing the possibility of the Streamlined Review option; and

• discussing lessons learned from the existing Housing Element.

Task 1.2: Streamlined Review Assessment

Based on conversations with City staff in the Kick-Off Meeting, the Consultants will provide a feasibility assessment for exercising HCD’s Streamlined Review option. As a part of the assessment, the Consultants will determine what steps need to be taken in order to qualify. The Consultants will provide sample code amendments to City staff and sample staff reports to guide them through this process.

Task 1.3: Stakeholder Meeting/Community Workshop

Rather than one informational session, we propose to conduct a stakeholder meeting and a community workshop to gather input on the major housing issues facing Livingston residents. The meeting and workshop would take place on the same day with the stakeholder workshop occuring in the afternoon during business hours and the community meeting in the evening.

The Consultants will notify the stakeholders via e-mail and conduct follow-up calls. The Consultants will also prepare a meeting flyer for posting. The Consultants will prepare all meeting/workshop materials, including a presentation giving a brief overview of the Housing Element Update process, and prepare a summary of the comments and feedback.

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Prior to the community/stakeholder meetings, the Consultants will work with City staff to develop a contact list of potential housing stakeholders and key community members, using the list developed for the existing Housing Element as a starting point. The Consultants will ensure that a broad cross-section of the community is represented in the contact list.

Phase 1Meetings:

• Kick-Off Meeting

• Community Workshop and Stakeholder Meeting (same day)

Phase 1Work Products:

• Kick-Off Meeting Notes

• Streamlined Review Assessment Memo

• Community/Stakeholder Contact List

• Community Workshop Materials

• Stakeholder Meeting Materials

• Community Workshop Summary

• Stakeholder Meetings Summary

Phase 2: Update the Housing Element

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The following tasks describe the steps we will take to update the existing Housing Element.

Task 2.1: Administrative Review Housing Element

Sub-Task 2.1A: Existing Housing Needs Analysis

The Existing Housing Needs Analysis is a comprehensive evaluation of current demographic, employment, housing, and housing market conditions and trends. This section will be used as the basis for determining the existing unmet housing needs in Livingston.

The Consultants will update the assessment of housing needs for all income groups and identify the City’s special housing needs. The following topic areas will be included in this assessment:

Demographic Profile and Employment Profile. This section establishes "baseline" population and employment characteristics for the City, including population growth trends, age characteristics, race and ethnicity, income, and employment trends, as well as population and employment projections.

Household Characteristics and Housing Supply. The Consultants will use recent data sources to update the description of the existing housing stock in terms of housing stock growth and composition, vacancy rates, housing age and conditions, and overcrowding. The Consultants will also describe housing cost burdens and the ability of households of different income levels

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Special Needs Housing Analysis. The Consultants will update the analysis of housing needs for special needs populations, including senior households, persons with disabilities, large families, single female-headed households, farmworkers, extremely low-income households, persons in need of emergency shelter, and students. The Consultants will address the new requirements of SB 812 (2010), which require housing elements to include an analysis of persons with developmental disabilities.

Sub-Task 2.18: Housing Resources and Opportunities

The Housing Resources and Opportunities section will include a description of the City’s 2014- 2023 Regional Housing Needs Allocation (RHNA) from MCAG. The Final RHNA allocates 1,023 units to Livingston, including 427 affordable units (i.e., extremely low-, very low- and low-income units). This analysis will examine the resources and opportunities available for the development, rehabilitation, and preservation of housing. Included is an inventory and analysis of the land resources (i.e., vacant and underutilized sites), as well as the financial and administrative resources available to support housing activities. The sites inventory will be the bulk of the work in this sub-task.

Units Approved, Built, or Under Construction. Since the RHNA period began on January 1, 2014, the City will be able to count units that are approved, built, or under construction as of that date, or completed after that date, but before Housing Element adoption. The Consultants will count any of these units against the RHNA and calculate the remaining housing need.

Sites Inventory. The Consultants will review and update the vacant and underutilized sites inventory from the existing Housing Element to reflect the current (2015) capacity on vacant and underutilized sites in the city. The sites will also need to be consistent with the current General Plan and other recent planning efforts related to land use. The vacant sites inventory will be a parcel-specific land inventory as required by AB 2348.

The Consultants will strive to ensure that the inventory provides sufficient sites to meet the City’s RHNA for both affordable and market-rate housing. If this analysis reveals insufficient sites, the Consultants will work with City staff to expand the inventory and propose possible sites for rezoning. We have experience with this process and, if necessary, will work with City staff to identify the most suitable sites for rezoning. Given the increased RHNA allocation, we anticipate there may be challenges in meeting the 2014-2023 RHNA; therefore we have included a contingency in our cost proposal for additional costs associated with identifying the suitable sites to rezone.

Adequacy of Public Facilities and Services. The Consultants will prepare an assessment of the adequacy of water and wastewater infrastructure to meet existing and future housing needs, based on information from the existing Urban Water Management Plan, local water and wastewater master plans, specific plans, and City staff input.

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Inventory of Financial and Administrative Resources. The Consultants will describe local, State, and Federal financial and administrative resources available to help the City implement its housing programs.

Energy Conservation Opportunities. The Consultants will describe opportunities for energy conservation, including the City’s General Plan policies that promote energy conservation, and in general, the use of alternative energy, and green building measures and practices. The Consultants will also describe local energy conservation programs, such as weatherization, rebate programs provided by local utility companies, and the HERO (Home Energy Renovation Opportunity)program.

Sub-Task 2.1C: Housing Constraints

The Consultants will review and update the analysis of both governmental and non­ governmental constraints, such as land and development costs, site constraints, land use controls, building code regulations, fees, and permit and processing procedures. The Consultants will also analyze constraints on housing for persons with disabilities, as well as the City’s current permitting procedures for emergency shelters, transitional and supportive housing, and single-room occupancy units. The Consultants will update this section to address the current economic climate and housing market.

The housing constraints analysis will document local efforts to remove governmental constraints to improve the City’s ability to meet its share of the regional housing needs.

Sub-Task 2.10: Policy/Program Evaluation

The Consultants will review and evaluate the implementation of the existing Housing Element policies and programs based on information provided by City staff. The evaluation will identify which programs have been accomplished, which programs have been the most successful, and why some housing programs have not been implemented or have been proven unsuccessful. The Consultants will rely on annual Housing Element reports submitted to HCD, if available. The Consultants will prepare an assessment memo summarizing the results from this analysis and recommending specific changes to be incorporated into the Housing Element Update.

Sub-Task 2.1E: Administrative Review Draft Policy Document

The Consultants will update the existing Housing Element goals, policies, programs, and quantified objectives based on the evaluation of the existing Housing Element, the housing needs and constraints identified in the Background Report, recent changes to State Housing Element Law, public input from the community meetings, and feedback from City staff. The Consultants will also ensure consistency with the General Plan. Housing policies and programs will build upon the most successful policies and programs from the existing Housing Element. Policies will address the loss of the Redevelopment Agency and make recommendations for replacement programs and options for providing affordable housing.

Task 2.2: Public Review Draft Housing Element

The Consultants will prepare a Public Review Draft Housing Element based on comments received from City staff on the Administrative Draft Housing Element. The Consultants will

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provide City staff with a digital copy of the Public Review Draft Housing Element to post on the City’s website, and the Consultants will email the Draft Housing Element to the stakeholders and community members on the contact list.

Phase 2 Work Products:

• Administrative Review Draft Housing Element (digital copies [PDF and Word])

• Public Review Draft Housing Element (6 hard copies and digital copies [PDF and Word])

Phase 3: Public Review of Draft Housing Element

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Task 3.1: Planning Commission Study Session

The Consultants will conduct a Planning Commission study session to present the Public Review Draft Housing Element and solicit feedback. The Consultants will notify the stakeholders and other community members via e-mail, prepare and present all the meeting materials, and prepare a summary of the meeting comments. The Planning Commission will formulate a recommendation for the City Council to authorize City staff to submit the Housing Element to HCD for the mandated 60-day review period. The Consultants will prepare and present a PowerPoint presentation.

Task 3.2: City Council Study Session

The Consultants will attend a study session with the City Council to solicit input on the Public Review Draft Housing Element and request authorization to submit the Housing Element to HCD for the mandated 60-day review period. The Consultants will describe all input received from the community meetings and any revisions to the Public Review Draft Housing Element proposed in response to this input. The Consultants will prepare and present a PowerPoint presentation.

Phase 3 Meetings:

• Planning Commission Study Session

• City Council Study Session

Phase 3 Work Products:

• Planning Commission and City Council Study Session PowerPoint presentations

• Public Notices

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Phase 4: HCD Submittal and Housing Element Revision

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Task 4.1: HCD Draft Housing Element, HCD Checklists, and Transmittal to HCD

The Consultants will revise the Public Review Draft Housing Element based on direction from the Planning Commission and City Council, and prepare the draft to be delivered to HCD. The Consultants will provide a digital copy of the HCD Review Draft Housing Element for posting on the City website and will send out an e-mail to stakeholders and community meeting attendees . If the City decides to pursue the Streamlined Review, the Consultants will prepare the HCD Review Draft Housing Element in "track changes" to highlight the changes from the existing Housing Element, consistent with HCD’s requirements for the Streamlined Review. The Consultants will complete the required HCD checklists, including the Completeness Checklist and the Streamlined Update Template.

The Consultants will also prepare a cover memorandum to accompany submission of the Draft Housing Element to HCD, which will assist HCD in their streamlined review by summarizing the changes that were made in the 2016-2024 Housing Element. The Consultants will hand deliver the Draft Housing Element to HCD. Although theoretically, a streamlined review may reduce the review time, under State law HCD has up to 60 days to review the Draft Housing Element. During HCD’s review process the Consultants will maintain close contact with the designated HCD reviewer to answer any questions he/she may have early in the process.

Task 4.2: Meeting with HCD

Following submission of the HCD Review Draft Housing Element and prior to the end of the 60- day review period, the Consultants and City staff will meet with HCD staff or conduct a phone call to discuss the Draft Housing Element and preliminary HCD comments. If necessary, the Consultants will meet with HCD again after submitting the response to comments to facilitate the review process.

Task 4.3: Response to HCD Comments

Following the City’s receipt of HCD comments on the HCD Review Draft Housing Element, the Consultants will prepare a preliminary response to HCD comments and provide this to City staff for their review. Based on comments received from City staff, the Consultants will then prepare a formal written response to HCD comments and submit them to HCD. The Consultants will work closely with HCD to seek a timely conditional approval letter prior to Planning Commission and City Council hearings.

Phase 4 Meetings:

• Meetings with HCD

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Phase 4 Work Products:

• HCD Review Draft Housing Element (digital copies [PDF and Word])

• Completeness Checklist (digital copy [PDF])

• Streamlined Update Checklist (digital copy (PDF))

• Response to HCD Comments (digital copies [PDF and Word])

Phase 5: CEQA Compliance

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Task 5.1: Administrative Draft Initial Study/CEQA Documentation

The Consultants will prepare an administrative review draft initial study to determine the appropriate project environmental document and review process. For the purpose of providing a cost estimate, the Consultants assume an Initial Study/Negative Declaration will be prepared for the Housing Element Update. Should the Housing Element require a Mitigated Negative Declaration or an Environmental Impact Report, the Consultants will discuss options with City staff.

Task 5.2: Public Review Draft Initial Study/CEQA Documentation

The Consultants will revise the initial study and environmental document based on City staff comments. The Consultants will be responsible for mailing and publishing the notices and coordinate with public agencies as necessary.

Phase 5 Meetings:

• None

Phase 5 Work Products:

• Administrative Draft Initial Study/CEQA Documentation (electronic files)

• Public Review Draft Initial Study/CEQA Documentation (15 hard copies and electronic files)

Phase 6: Public Review and Adoption

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Task 6.1: Public Hearing Draft Housing Element

The Consultants will prepare a Public Hearing Draft Housing Element that incorporates all of the responses to HCD comments. The Consultants will provide a digital copy of the Public Hearing Draft Housing Element to post on the City website and will send out an e-mail to stakeholders and the community.

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Task 6.2: Public Hearings and Adoption (2)

The Consultants will attend two public hearings-one before the Planning Commission and one before the City Council-to present the Draft Housing Element, respond to questions, and record the recommendations of the Planning Commission and the action of the City Council.

Task 6.3: Final Housing Element and Transmittal to HCD

The Consultants will prepare the Final Housing Element that incorporates any changes made by the City Council in adopting the Housing Element. The Consultants will print hard copies and provide a digital copy of the Final Housing Element.

The Consultants will prepare a cover memorandum to accompany submission of the Final Housing Element to HCD for the final 90-day review period.

Phase 6 Meetings:

• Planning Commission Public Hearing

• City Council Public Hearing

Phase 6 Work Products:

• Public Hearing Draft Housing Element (6 hard copies and digital copies [PDF and Word])

• Planning Commission and City Council Public Hearing PowerPoint presentations

• Final Housing Element and transmittal memorandum to HCD (6 hard copies and digital copies [PDF and Word])

• CD-Rom of all draft and final documents and GIS maps

Project Management and Ongoing Communication and Coordination

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In preparing the Housing Element Update, the Consultants will proactively identify issues, immediately bring those issues to the attention of City staff, identify potential solutions, and coordinate with City staff as to the best course of action. The Consultants will regularly communicate with City staff on a weekly or bi-weekly basis, or as necessary to resolve issues. The Consultants will prepare monthly status reports documenting the progress made each month on completing the project, and review and update the schedule when necessary.

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EXHIBIT B COMPENSATION SCHEDULE

 

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