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CC - CONSENT ITEM: Approval of a One-Year Professional Services Agreement with NBS in an Amount Not-to-Exceed $29,520 for Park In-Lieu Impact Fee and Nexus Study.
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Meeting Date: June 26, 2023
Contact Person/Dept.: Erika Ramirez, Current Planning Division
Phone Number: 310-253-5710
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Attachments: Yes [] No [X]
Commission Action Required: Yes [] No [X] Date:
Commission Name:
Public Notification: (E-Mail) Meetings and Agendas - City Council (06/22/2023)
Department Approval: Mark E. Muenzer, Planning & Development Director (06/15/2023)
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RECOMMENDATION
Staff recommends the City Council approve a one-year professional services agreement with NBS in an amount not-to-exceed $29,520 for Park In-Lieu Impact Fee and Nexus Study.
BACKGROUND
The City currently maintains a Residential Development Park Dedication and In-Lieu Parkland Fee Ordinance. This ordinance was last updated in the 1990s. This fee is applicable to all new residential units, excluding covenanted affordable units, junior accessory dwelling units and accessory dwelling units less than 750 square feet. The fee is calculated by using a formula that includes the type of residential unit, the square footage of the property, type of residential zone and the value of the property (at the last ordinance update).
The City is in the process of a Comprehensive General Plan Update, which will update many of the City's land use and zoning regulations. In an effort to re-calibrate the fees for future residential development, staff is recommending the City update the existing parkland fee for new development.
DISCUSSION
The Current Planning Division’s Work Plan for Fiscal Year 2022-2023 included updating the Parkland In-Lieu Fee as a carryover from the previous fiscal year. Staff turnover and competing priorities have resulted in its delay. In order to expedite the commencement of the study, the City has selected an existing contract between another public agency and the vendor as a template to form a contract directly between the City of Culver City and the vendor to procure the exact same services, but negotiated it to fit Culver City’s program needs. This is a purchasing approach that is designed to save time and resources by leveraging another public agency’s successful competitive bidding process and is referred to as “piggybacking” and is exempt from the City’s own competitive bidding requirements, pursuant to Culver City Municipal Code Section 3.07.055.G. In order for the City of Culver City to enter into an agreement through this method the following documents must be reviewed by the Finance Department and deemed acceptable:
1. A copy of the RFP with supporting documentation.
2. A copy of the vendor proposal.
3. A copy of the staff report and draft resolution approving the agreement.
4. A quote from the vendor offering the same prices and terms to Culver City.
5. Verification that the contract between the vendor and the other public agency that is still valid and not expired/closed.
The listed documents from the City of San Leandro and NBS were received, reviewed, and deemed acceptable by the Current Planning Division and the Finance Department.
In May 2023, NBS was selected by the City of San Leandro to prepare a Cost Allocation Plan (CAP), Comprehensive User Fee Study (User Fee Study), and Development Impact Fee Study (Impact Fee Study). The Parkland In-Lieu Fee and Nexus Study was included in the Impact Fee Study. The selection was made through a competitive RFP process that was released on September 9, 2022 and closed on September 30, 2022.
NBS is a financial consulting firm that provides a full range cost and revenue consulting services to public sector clients. They have been in business for 27 years and have provided cost allocation plans or user fee studies for approximately 49 jurisdictions.
The Current Planning Division requested a quote from NBS to perform a study to update the City’s current Parkland In-Lieu Fee and Nexus Study. NBS offered the same prices and terms to the City of Culver City as they had agreed to with the City of San Leandro.
Scope of Work:
The primary purpose of updating the Residential Development Park Dedication and In Lieu Parkland Fee Ordinance is to update the fee by using current land values and current zoning districts as part of the calculation. The land value in the formula currently used is based on those of the 1990s. Adjusting the impact fee will allow for the fees assessed to be reflective of current land values while continuing to fund the development of new and rehabilitation of existing community park and recreation facilities.
FISCAL ANALYSIS
The amount of the agreement with NBS is $29,520 and will be paid by available funds in the Revised Budget for Fiscal Year 2022-2023 in Account #10150200.619800 (Current Planning Division - Other Contractual Services). The project is to be completed no later than December 31, 2023.
ATTACHMENTS
None.
MOTIONS
That the City Council:
1. Approve a one-year professional services agreement with NBS for the Park In-Lieu Impact Fee and Nexus Study in an amount not-to-exceed $29,520; and
2. Authorize the City Attorney to review/prepare the necessary documents; and,
3. Authorize the City Manager to execute such documents on behalf of the City.