Resolution 2021-151 Page 1
RESOLUTION 2021-151
RESOLUTION OF THE CITY COUNCIL OF SAN PABLO TO APPROPRIATE $250,000
IN METROPOLITAN TRANSPORTATION COMMISSION PRIORITY DEVELOPMENT
AREA PLANNING GRANTS FOR PREPARATION OF A MASTER PLAN FOR RUMRILL BOULEVARD AS PART OF THE 2023 GENERAL PLAN UPDATE PROJECT; WAIVE THE REQUIREMENT FOR A COMPETITIVE PROPOSAL PROCESS; AND AUTHORIZE
THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH DYETT & BHATIA FOR PLANNING SERVICES IN THE AMOUNT OF $250,000 TO PREPARE A MASTER PLAN
FOR RUMRILL BOULEVARD AS PART OF THE GENERAL PLAN AND HOUSING
ELEMENT UPDATE MULTI-YEAR PROJECT
WHEREAS, a General Plan is a state -required long -range policy document that provides guidance to decision makers regarding the allocation of resources, and the future physical form and character of development for cities; and
WHEREAS, the Housing Element is a required element of the General Plan that is required by the State of California to be updated periodically in association with the Regional Housing Needs Assessment process and for which the due date for Bay Area communities is January 2023; and
WHEREAS, the current General Plan for the City of San Pablo was comprehensively updated in 2011 by Dyett & Bhatia and in 2015 an update to the Housing Element was prepared by Baird + Driskell as a separate document; and
WHEREAS, it is desirable and necessary to update the current General Plan including the Housing Element to reflect current conditions as well as the community’s vision for development within San Pablo over the next 20 years; and
WHEREAS, funding for a portion of the costs of the General Plan update and Housing Element update has been awarded to the City of San Pablo by the State of California in the form of SB 2 and LEAP reimbursement -based grants totaling $310,000 and in $95,000 from the Association of Bay Area Governments in the form of a REAP grant; and
WHEREAS, on January 8, 2021, the Association of Bay Area Governments (ABAG) and the Metropolitan Transportation Commission (MTC) jointly released a combined Letter of Interest form for Regional Early Action Planning (REAP), Priority Development Area (PDA), and Technical Assistance funding; and
WHEREAS, on February 12, 2021, San Pablo planning staff submitted a response to the Letter of Interest form requesting $250,000 in PDA planning funds to prepare a master plan for Rumrill Boulevard, in addition to a request for $20,000 in non-competitive and $100,000 in competitive REAP funds to assist in the General Plan/Housing Element Update project and up to $150,000 in technical assistance funds for the formation of a Vehicle Miles Traveled policy; and
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WHEREAS, on March 15, 2021, by Resolution 2021- 025, the City Council of the City of San Pablo a ccepted funds from the California Department of Housing and Community Development (HCD) for $160,000 in SB 2 and $150,000 LEAP planning grants and appropriated these funds towards the General Plan/Housing Element Update project along with previously appropriated Community Development Professional Services General Funds ; waived the requirement for a competitive proposal process ; and authorized the City Manager to enter into an agreement with Dyett & Bhatia in the amount of $545,948 for Planning Services related to the General Plan and Housing Updates over a three-year project term concluding on June 30, 2024; and
WHEREAS, by Resolution No. 4202, adopted on November 18, 2015, the Metropolitan Transportation Commission established a second round of One Bay Area Grant program funds using various fund sources including Federal Surface Transportation Act funding and on May 26, 2021, this Resolution was amended to program $7,775,000 in Priority Development Area (PDA) Planning and Implementation grants, including an allocation of $250,000 to the City of San Pablo for preparation of a PDA Plan for Rumrill Boulevard; and
WHEREAS, on July 19, 2021, by Resolution 2021-096, the City Council of the City of San Pablo approved the application for and accepted the MTC PDA Grant in the amount of $250,000 for preparation of a Master Plan for Rumrill Boulevard and authorized the City Manager to submit the required detailed scope of work to the MTC for the Rumrill Boulevard PDA Plan, and to enter into, execute, and deliver on behalf of the City of San Pablo, an Agreement with the MTC for the amount of $250,000, and any and all other documents required or deemed necessary or appropriate to evidence and secure the PDA Planning grant, the City’s obligations related thereto, and all amendments thereto; and
WHEREAS, the City Manager was further authorized to execute the City of San Pablo PDA Planning Grant detailed scope of work submittal, the PDA Planning Grant Documents, and any amendments thereto, on behalf of the City as required by the MTC for receipt of the PDA Planning Grant, and to accept and appropriate any award of PDA Planning Grant funds on behalf of the City of San Pablo; and
WHEREAS, the City Council of the City of San Pablo desires to appropriate the PDA funds to the 2023 General Plan Update C apital Project established by Resolution 2021-025, as the Rumrill Boulevard Master Plan is an integral part of the General Plan and Housing Element Update; and
WHEREAS, in order to complete the Rumrill Boulevard Master Plan as part of the General Plan/Housing Element Update within the City’s funding constraints and by the Housing Element submittal deadline of January 2023, the City finds it necessary to waive the requirement for a competitive proposal process for contracts over $25,000 and to employ the competitive bidding exception for consultants and the sole source exception for competitive proposals (Section 3.16.110 of the San Pablo Municipal Code), and the C ity Manager recommends entering into an agreement for consulting services with Dyett & Bhatia, as the firm has demonstrated competence in their current and prior General Plan work for the City and has the professional qualifications necessary for the satis factory performance of services required; and
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WHEREAS, the purposes of provisions requiring competitive bidding in letting public contracts are to guard against favoritism, improvidence, extravagance, fraud and corruption; to prevent waste of public funds; and to obtain the best economic result for the public; and
WHEREAS, the City Manager recommends that the underlying contract not be subject to the City’s requirement for a competitive proposal process for consultants because the nature of the subject matter of the contract is such that competitive proposals would be unavailable or would not produce an advantage, and advertisement for competitive bid would thus be undesirable, impractical, or impossible. As set forth above, competitive bidding requirements provided for by statute may be dispensed with if the public interest is better served by doing so, as where competitive bidding would not produce an advantage. (Graydon v. Pasadena Redevelopment Agency (1980) 104 Cal.App.3d 631; Los Angeles Dredging Co. v. Long Beach (1930) 210 Cal.348.) The exception may be invoked where the product or service contracted for is of unique value and may not be obtained elsewhere (Hodgeman v. City of San Diego (1942) 53 Cal.App.2d 610,618). The courts have held that the competitive bidding statutes are not to be applied in a way which denies public agencies the authority to deal with problems 'in a sensible, practical way.' (Damar Electric, Inc. v. City of Los Angeles (1994) 9 Cal.4th 161, 173); and
WHEREAS, Dyett & Bhatia have submitted a proposed scope of services and cost estimate for the Rumrill Boulevard PDA Master Plan in the amount of $250,000 with services to be provided over a one to two-year time period; and
WHEREAS, staff is recommending City Council authorization for the City Manager to enter into a new agreement with Dyett & Bhatia for the amount of $250,000 , as a supplement to the existing Agreement for Consulting Services, dated March 15, 2021.
NOW, THEREFORE, BE IT RESOLVED that the foregoing re citations are true and correct and are included herein by reference as findings.
BE IT FURTHER RESOLVED that the City Council of the City of San Pablo hereby accepts MTC PDA reimbursement grant funds in the amount of $250,000 and authorizes the City Manager to effectuate the following appropriation for the General Plan/Housing Element Update project: appropriate $250,000 in PDA grant funds (320-0905-33403-GPL- PDA) to the General Plan/Housing Element Update capital project (320-0905-43600-GPL- PDA; and,
BE IT FURTHER RESOLVED that the City Council of the City of San Pablo waives the requirement for a competitive proposal process; and authorizes the City Manager to execute the Agreement attached as Exhibit A with Dyett & Bhatia for professional services related to completion of the Rumrill Boulevard Master Plan as a supplement to the current Agreement for Consulting Services for the General Plan/Housing Element Update, along with such amendments as approved by the City Manager and City Attorney necessary to effectuate the project.
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ADOPTED this 6th day of December, 2021, by the following votes:
AYES: COUNCILMEMBERS: Cruz, Ponce, Pineda,
Xavier and Pabon-Alvarado
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
ATTEST: APPROVED
/s/ Dorothy Gantt /s/ Elizabeth Pabon-Alvarado
Dorothy Gantt, City Clerk Elizabeth Pabon-Alvarado, Mayor