FAIRFAX TOWN COUNCIL MEETING
STAFF REPORT
AGENDA ITEM #13
MEETING DATE November 6, 2024
PREPARED FOR Mayor and Town Council
PREPARED BY Jeffrey Beiswenger, AICP, Building & Planning Director SUBJECT Adopt a Resolution Authorizing the Town Manager to Accept a $65,000 LEAP Grant and Amend and Pay for an Agreement with Dyett & Bhatia to Complete General Plan Updates
RECOMMENDATION
Adopt a resolution authorizing the Town Manager to accept a $65,000 LEAP grant and execute an amendment to an agreement with Dyett & Bhatia Urban and Regional Planners to complete the General Plan Update Project.
DISCUSSION
The Town Council adopted the Town of Fairfax General Plan, 2023-31 Housing Element on December 13, 2023 and it was certified by the California Department of Community Development (HCD) on April 8, 2024. The adoption of the Housing Element has obligated the Town to complete additional updates to the Land Use Element, Town Center Element and Safety Element to be consistent with California state law.
The Housing Element was updated in compliance with State law, to account for changing demographics, market conditions, and projected housing need over an eight-year planning period that runs from 2023 through 2031. The overall focus of the Housing Element is to address local housing needs in compliance with State law, while also seeking to retain Fairfax's village-like quality, with distinct neighborhoods, and large areas of surrounding visible open space.
The Housing Element is one of the seven mandated elements of the General Plan, and must be updated on a set schedule, consistent with the establishment of Regional Housing Needs Allocations (RHNA), which are published at eight-year intervals. Other Elements of the General Plan are also required to be updated at this time to maintain internal consistency between all General Plan Elements and to comply with provisions of state law. Adoption of the 2023-31 Housing Element created inconsistencies in the Land Use Element and the Town Center Element, requiring updates.
Updating the Housing Element also triggered updates to the Safety Element.
To facilitate the completion of the General Plan update, the Town has secured a $65,000 Local Early Action Planning (LEAP) Grant from HCD. The purpose of this grant is to help local governments complete planning and regulatory documents to implement the Housing Element. See the letter from HCD regarding the grant (Attachment A).
In 2022, the Town retained the services of Dyett & Bhatia Urban and Regional Planners to help complete the 2023-31 Housing Element project. In addition to updates to the Housing Element, the 2 project also included necessary updates to the zoning ordinance, which were completed in early 2024.
Required updates to the Land Use Element, Town Center Element and Safety Element have not been completed at this time and a contract amendment is requested.
Since the initiation of the project, Andrew Hill, Principal with the firm, has been the project manager and day-to-day contact on the project, with support from in-house team members. The contract amendment is required to complete additional work tasks not anticipated under the original contract in 2022. These include:
• Tribal Consultation Meetings. The Federation Indians of Graton Rancheria (FIGR) have requested consultation with the Town pursuant to state law when General Plan updates are proposed (SB-18 and AB-52). This task includes a series of consultation meetings between representatives of the Town and representatives of FIGR. FIGR representation may request changes to the document prior to adoption.
• Policy Disposition Matrix. This document will identify where goals, policies and programs in the current general plan have been relocated in the updated element and identifies if a goal, policy or program has been modified, combined or deleted. • Decision-Maker Meetings. The scope calls for up to six decision-maker meetings (Planning Commission and/or Town Council), beyond those called for in the original scope of work. All six additional meetings may not be necessary, and the Town would not be billed for those meetings.
FISCAL IMPACT
The total LEAP grant amount is $65,000 and will be used to cover the consultant costs of completing the General Plan amendment, covering Fairfax staff costs and reimbursing the Town for past expenses related to Housing Element implementation. The total amount requested for the contract amendment for Dyett & Bhatia is $26,220. This is the maximum amount needed for the firm and some of these funds may not be necessary if fewer meetings are needed.
The Town fiscal year 24/25 budget has sufficient funding available for Outside Services, under planning, Fund 01-311-821 which is sufficient to cover the additional $26,220 expense. The $65,000 grant would go into the General Fund.
ATTACHMENTS
A. October 1, 2024 letter RE: Local Early Action Planning (LEAP) Grants Program Award B. Resolution
C. Agreement
D. Proposal from Dyett and Bhatia
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
651 Bannon Street, Suite 400, Sacramento, CA 95811
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
October 1, 2024
Heather Abrams, Town Manager
Town of Fairfax
142 Bolinas Road
Fairfax, CA 94930
RE: Local Early Action Planning (LEAP) Grants Program Award, Contract No. 24-LEAP-18509
Dear Heather Abrams,
The California Department of Housing and Community Development (Department) is pleased to announce that the Town of Fairfax has been approved for funding under the Local Early Action Planning Grants (LEAP) Program. The Department has determined that the application submitted in response to the Notice of Funding Availability released on January 27, 2020, meets LEAP Program requirements. This letter constitutes a conditional commitment of an award in the amount of $65,000.00.
The LEAP program reflects the state’s commitment to work in partnership with local governments to address California’s critical housing needs. Local governments are using the grant awards for the preparation and adoption of planning documents, process improvements that accelerate housing production, and to facilitate compliance in implementing the sixth cycle of the regional housing needs assessment.
Congratulations on your successful application. Staff will be contacting you shortly to initiate the process of the Standard Agreement for fund distribution. For further information, please contact Gerlinde Bernd, of our staff, at 916-820-1997, or at [email protected].
Sincerely,
Megan Kirkeby
Deputy Director
ATTACHMENT A
1 ATTACHMENT B
RESOLUTION 24-
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF FAIRFAX AUTHORIZING THE TOWN MANAGER TO ACCEPT A $65,000 LEAP GRANT AND
EXECUTE AND PAY FOR AN AMENDMENT TO AN AGREEMENT WITH DYETT & BHATIA
URBAN AND REGIONAL PLANNERS TO COMPLETE THE GENERAL PLAN UPDATE
PROJECT
WHEREAS, the Town of Fairfax adopted the 2023-31 Housing Element on December 13, 2023 and the Housing Element was subsequently certified by the California Housing and Community Development (HCD) on April 8, 2024; and
WHEREAS, the purpose of completing the Housing Element Update was to satisfy the stringent Sixth Cycle Housing Element Update requirements of HCD; and WHEREAS, as a result of Housing Element adoption and certification, additional updates to the General Plan are now required to the Land Use, Town Center and Safety elements to ensure internal consistency with the Housing Element and to comply with State law; and WHEREAS, the Town has been awarded a $65,000 Local Early Action Planning (LEAP) grant from HCD to help complete the General Plan updates and cover the costs of other Housing Element implementation activities; and
WHEREAS, the Town Council authorized a contract on October 13, 2022, with the multidisciplinary firm, Dyett & Bhatia Urban and Regional Planners to complete the Housing Element and other General Plan updates; and
WHEREAS, in order to complete the General Plan updates, addition funds are required to cover the expense of unanticipated tasks that are outside the scope of the original 2022 contract, including: consultation with the Federated Indians of Graton Rancheria under the provisions of Senate Bill 18 (SB18) and Assembly Bill 52 (AB52); additional public meeting area required to fully review the General Plan updates with the community and conduct the required public hearings; and completion of a disposition matrix to identify all of the General Plan amendments in detail; and
WHEREAS, the addition funds requested by Dyett & Bhatia to help complete the project are not to exceed $26,220.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Fairfax hereby approves and authorizes the Town Manager to accept a $65,000 LEAP grant; and NOW, THEREFORE, BE IT FURTHER RESOLVED that the Town Council of the Town of Fairfax hereby approves and authorizes the Town Manager to execute an amendment, in substantial compliance to the agreement attached with Dyett & Bhatia Urban & Regional Planners, not to exceed $26,220 to complete the General Plan update project. 2 ATTACHMENT B
The foregoing Resolution was duly passed and adopted by the Town Council of the Town of Fairfax on the 6th day of November 2024, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST
______________________________________ _____________________________________
BARBARA COLER CHRISTINE FOSTER
MAYOR DEPUTY TOWN CLERK
1 CONSULTANT SERVICES AGREEMENT
AMENDMENT
THIS AGREEMENT AMENDMENT is made at Fairfax, California, as of , by and between the Town of Fairfax, a municipal corporation (the “TOWN") and Dyett & Bhatia Urban and Regional Planners , ("CONSULTANT"), who agree as follows:
1. SERVICES. Subject to the terms and conditions set forth in this Agreement, CONSULTANT shall provide to the TOWN the services described in Exhibit “A,” which consists of the proposal submitted by CONSULTANT. CONSULTANT shall provide said services at the time, place, and in the manner specified in Exhibit “A.”
2. PAYMENT. TOWN shall pay CONSULTANT for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit “B.” The payments specified in Exhibit “B” shall be the only payments to be made to CONSULTANT for services rendered pursuant to this Agreement. CONSULTANT shall submit all billings for said services to the TOWN in the manner specified in Exhibit “B.”
3. FACILITIES AND EQUIPMENT. CONSULTANT shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement.
4. GENERAL PROVISIONS. The general provisions set forth in Exhibit “C” are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the provisions set forth in Exhibit “C” shall control.
5. INSURANCE REQUIREMENTS. The insurance requirements set forth in Exhibit “D” are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the requirements set forth in Exhibit “D” shall control.
6. EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.
7. ORIGINAL AGREEMENT. This agreement amends the Consultant Services Agreement entered into between the TOWN and CONSULTANT on October 13, 2022 and all provisions contained within the ORGINAL AGREEMENT apply.
EXECUTED as of the day first above-stated.
Town of Fairfax, a municipal corporation
By:
Heather Abrams, Town Manager
CONSULTANT
By:
Name
Title
ATTACHMENT C
2 EXHIBIT “A”
ADDITIONAL SCOPE OF SERVICES
CONSULTANT shall provide the services as described in the attached Scope of Work.
These services are in addition to the services authorized by the ORIGINAL AGREEMENT.
This Agreement and Scope of Services may be amended by mutual consent between the TOWN and CONSULTANT.
If there are any inconsistencies between CONSULTANT’s proposal and this Agreement, the provisions of this Agreement shall control.
3 EXHIBIT “B”
PAYMENT
1) The total contract price for services rendered by CONSULTANT under this Agreement shall not exceed $26,220 which shall be paid on a time and materials basis.
Consultant fees are invoiced at the hourly rates described in the attached PROPOSAL (Exhibit A). Additionally, other fees, costs, expenses, and rates shall be invoiced as described in the PROPOSAL (Exhibit A). In the event of any inconsistency between the terms of this Exhibit “B” and the PROPOSAL, the terms of this Exhibit “B” shall control. 2) Payment shall be made to CONSULTANT on a time and materials basis, and CONSULTANT shall submit monthly invoices to the Town Manager, Town of Fairfax, 142 Bolinas Rd., Fairfax, CA 94930, for the same.
3) Any additional meetings or work required beyond that set forth in Exhibit “A” shall first be mutually agreed to by the TOWN and CONSULTANT, and shall be billed on a time and materials basis as described in the PROPOSAL (Exhibit A) to the Town Manager, Town of Fairfax, 142 Bolinas Rd., Fairfax, CA 94930.
MEMORANDUM
To: Jeff Beiswenger, Planning and Building Director
From: Andrew Hill, Principal, Dyett & Bhatia
Re: Additional Services for Finalization of the General Plan Land Use and Safety Elements Date: October 7, 2024
Dear Jeff:
This memo outlines additional services requested by the Town for finalization of the General Plan Land Use and Safety Element Update project. Tasks to be performed include attendance at tribal consultation meetings, preparation of a policy disposition matrix, and revisions to hearing draft and final documents reflecting direction from Town decision makers. A detailed description of each task is provided below. The total amount requested to cover the additional services describe below is $16,020, exclusive of optional tasks.
Tribal Consultation Meetings
Graton Rancheria has requested consultation with the Town pursuant to AB52 in relation to adoption of the updated Land Use and Safety Elements of the General Plan, anticipated this fall. This task includes time for two D&B staff members to prepare for and attend up to four meetings with Town staff and tribal representatives. It is assumed that all meetings will be held virtually over Zoom. D&B will prepare brief meeting notes for each meeting attended.
Amount requested: $2,900
Policy Disposition Matrix
Updates to the Land Use and Safety Elements of the General Plan are needed for consistency with the 2023-31 Housing Element and State law and to reflect current and projected conditions in Fairfax. Based on discussion with Town staff and the General Plan Subcommittee, D&B has added or modified goals, policies, and programs in the current elements and deleted policies and programs that have been completed or are no longer needed. In some cases, policies and programs have been relocated from one element to another to better correspond with the legal requirements for the General Plan or to streamline the document. Given the extent of the changes, redlined versions of the existing elements would be difficult to follow for Fairfax decision makers and community members.
Therefore, D&B will prepare a disposition matrix illustrating which goals, policies and programs have been newly added, which have been modified, and which have been deleted.
The intent is to clearly show the disposition of current goals, policies and programs into the updated elements. D&B will prepare a draft matrix for staff review and update once based on
ATTACHMENT D
- 2 -
a consolidated set of comments. The matrix will be attached to the staff report for the public meetings. This task also includes time to update the disposition matrix to reflect direction from the Planning Commission prior to the Town Council adoption hearing.
Amount requested: $5,000
Decision Maker Meetings
In May 2024, the Town authorized use of contingency funds to cover three additional decision maker meetings for adoption of the updated Land Use and Safety Elements. The amount authorized covered preparation of presentation materials and attendance. This task includes up to 24 additional hours of D&B staff time to revise hearing draft materials – including maps, tables, text and formatting - based on Planning Commission feedback and 8 additional hours to finalize the Land Use and Safety Elements based on final direction from the Town Council after adoption. This task also includes direct expenses for travel to Fairfax for the three public meetings previously authorized.
Amount requested: $8,120
Optional Task: Additional Decision-Maker Meetings
If desired, D&B can be available to prepare for, attend, and facilitate discussions at up to four additional public meetings before the Planning Commission and/or Town Council. For budgeting purposes, we assume up to 10 hours per meeting, which would include time to prepare materials, discuss/review with Town staff, and revise per staff direction as well as time to travel to and attend public meetings in Fairfax. Accordingly, the per meeting cost would be $2,550 or $10,200 for four meetings. Prior written authorization from the Town would be required for any work related to this optional task.