1 STAFF REPORT
DATE: November 1, 2022
TO: Justin Hess, City Manager
FROM: Patrick Prescott, Community Development Director Via: Fred Ramirez, Assistant Community Development Director By: Karen Pan, Administrative Officer
SUBJECT: Approval of a Fifth Amendment to Professional Services Agreement with Karen Warner Associates, Inc. for the 2021-2029 Housing Element, Safety Element, and Environmental Justice General Plan Update; and Approval to Amend the Fiscal Year 2022-2023 Budget
RECOMMENDATION
1. Approve the Fifth Amendment to Professional Services Agreement (PSA) with Karen Warner Associates, Inc. ( Attachment 1) for the 2021- 2029 Housing Element, Safety Element, and Environmental Justice General Plan Update; and
2. Amend Fiscal Year 2022-2023 Budget.
BACKGROUND
The City Council recently approved the 2021-2029 Housing Element, Safety Element, and Environmental Justice General Plan Update on September 27, 2022, and received approval from California Department of Housing and Community Development (HCD) on October 7, 2022. The City initially entered into a PSA with Karen Warner Associates, Inc. on March 1, 2020 to prepare the 2021- 2029 Housing E lement, Safety Element, and Environmental Justice General Plan Updates, and to conduct the environmental review under California Environmental Quality Act (CEQA) (Attachment 2).
A First Amendment to this PSA was made on February 25, 2021 to extend the term of the agreement and to supplement the housing needs analysis to comply with new state law.
A Second Amendment was made on September 14, 2021 to accomplish additional CEQA review tasks, conduct traffic operational analysis, and to respond to comments from HCD.
The Third Amendment was made on February 15, 2022 to extend the term to February
COMMUNITY
DEVELOPMENT
2 23, 2023. The Fourth Amendment was made on May 24, 2022 to increase the cost of service of the Agreement for revisions to the Final Environmental Impact Report in response to public comments and to continue to work with HCD. The Fifth Amendment is needed to cover the consultant services to respond to HCD comments and complete the Final Environmental Impact Report, transportation planning services, and attendance of the Planning Board and City Council meetings to respond to questions.
DISCUSSION
Staff is requesting that the City Council approve a Fifth Amendment to the PSA with Karen Warner Associates, Inc. to increase the project budget by $30,550. The additional funds would be used to pay for work that was undertaken to complete the project. As previously noted, this work included revisions in response to HCD and public comments, finalizing the planning documents to submit to HCD and preparing the Final Environmental Impact Report including Findings of Fact and Statement of Overriding Considerations, and to have the consultant team attend the Planning Board and City Council public hearings.
FISCAL IMPACT
For the 2021- 2029 Housing, Safety Element, and Environmental Justice General Plan Updates, the PSA Amendment is a total of $ 30,550. This amount will be revenue offset by the City’s General Plan Maintenance Fee listed in the Fiscal Year 2022-2023 Citywide Fee Schedule. This fee is collected solely for the purpose of funding the City’s long-range planning efforts such as General Plan amendments that include updates to the Housing and Safety Elements. Therefore, staff is requesting City Council authority to amend the Fiscal Year 2022-2023 Budget by appropriating $30,550 from revenue account number 001.ND000.41005.1006 (General Fund, Non -Departmental, Building Permits, General Plan Fee) to 001.CD31A.62085.0000.23944 (General Fund, Community Development Planning, Other Professional Services, Housing Element Implementation Update).
CONCLUSION
Staff recommends that the City Council authorize the City Manager to amend the PSA with Karen Warner Associates, Inc. and approve amending the Fiscal Year 2022- 2023 Budget for a total of $30,550 to cover the expenses associated with the completion of the 2021-2029 Housing, Safety Element, and Environmental Justice General Plan Updates.
ATTACHMENTS
1 - Fifth Amendment to PSA for the 2021- 2029 Housing, Safety Element, and Environmental Justice General Plan Updates
2 - Current PSA and Amendments for the 2021-2029 Housing, Safety Element, and Environmental Justice General Plan Updates
3 - Karen Warner Associates, Inc. Request for Amendment to Contract