Staff Report.EMC Planning Group Inc. Amendment
PREPARED BY: Jocelyn Shoopman and Erin Walters
Associate Planner and Associate Planner
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Community Development
Director, and Interim Finance Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 09/20/2022 ITEM NO: 4
DATE: September 15, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute a First Amendment to the EMC
Planning Group Inc. Agreement for Completion of the Housing Element
Update as Proposed by the Firm for a Not to Exceed Total of $455,329 and
authorize Revenue and Expenditure Budget Adjustments up to the Amount of
$172,894 ($131,500 Plus 10 Percent Contingency) from the Available General
Plan Update Deposit Account.
RECOMMENDATION:
Authorize the Town Manager execute a first amendment to the EMC Planning Group Inc.
agreement for completion of the Housing Element update as proposed by the Firm for a not to
exceed total of $455,329 and authorize revenue and expenditure budget adjustments up to the
amount of $172,894 ($131,500 plus 10 percent contingency) from the available General Plan
Update Deposit Account (Attachment 1).
BACKGROUND:
On June 15, 2021, the Town Council authorized the Town Manager to enter into an Agreement
with EMC Planning Group Inc. for the preparation of the 2023-2031 Housing Element and
associated environmental review documents.
DISCUSSION:
Staff is requesting a budget adjustment in the amount of $131,500 to cover the cost for
additional work by EMC Planning Group Inc. This budget adjustment reflects the greater level.
PAGE 2 OF 2 SUBJECT: EMC Planning Group Inc. First Amendment and Budget Amendment DATE: September 15, 2022
DISCUSSION (continued):
of detail that is being required by the California Department of Housing and Community
Development (HCD) in its review of other local governments’ Housing Elements.
Specifically, HCD is requiring more analysis of Affirmatively Furthering Fair Housing (AFFH) as
part of the Housing Element. In addition, Assembly Bill 215 (AB 215) was signed by the
Governor on September 28, 2021, after the agreement with EMC Planning Group Inc. was
authorized. AB 215 requires that a local government make the first draft revision of the
Housing Element available for public comment for at least 30 days and, if any comments are
received, take at least 10 additional business days to consider and incorporate public comments
into the draft Housing Element before submitting it to HCD. These two considerations require
additional time and work than originally anticipated in the original agreement.
CONCLUSION:
Staff recommends that the Town Council authorize the Town Manager to execute a first
amendment to the EMC agreement and a budget adjustment in the amount of $131,500 plus a
10 percent contingency of $41,394. The base amount, plus adjustment and contingency totals
$455,329. The inclusion of a contingency is proposed for consistency with previous consultant
agreements. The contingency will only be utilized if necessary, and it has been included to
allow the Town Manager or their designee to authorize limited additional costs without
impacting the project schedule.
COORDINATION:
This report was coordinated with the Town Manager’s Office, Town Attorney’s Office, and
Finance Department.
FISCAL IMPACT:
Funding for the Housing Element update, including this budget amendment, come from the
General Plan Update Deposit Account. Sufficient funds are available in this account.
ENVIRONMENTAL ASSESSMENT:
Environmental review is not required for this budget adjustment as it is not a project defined by
the California Environmental Quality Act (CEQA).
Attachment:
1. Draft EMC Planning Group, Inc. First Amendment to an Agreement with Exhibit A