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HomeMy WebLinkAboutInformation Update.201908121 AGENDA INFORMATION UPDATE August 12, 2019 4:00 PM, I.INFORMATION UPDATE I.A.Affordable Housing Fee-In-Lieu Analysis 1 INFORMATION MEMORANDUM TO:City of Aspen Mayor and Council FROM:Ben Anderson, Planner II THROUGH:Jennifer Phelan, Interim Community Development Director MEMO DATE:August 5th, 2019 MEETING DATE:August 12th, 2019 RE: Information Only: Affordable Housing Fee-In-Lieu Analysis REQUEST OF COUNCIL:This is an information only memo regarding an on-going discussion with Council about an analysis of the Affordable Housing Fee-in-Lieu calculations and related code language. A contract for professional services for this study is being drafted and will be provided for Council’s consideration in Resolution No. 90, Series of 2019, to be included in the Consent Agenda on August 26th. SUMMARY AND BACKGROUND: Per direction from the preceding Mayor and Council, staff issued an RFP in April 2019 for professional consultant services in support of a study of Aspen’s Affordable Housing Fee-in-Lieu (FIL)calculations and related code requirements. $25,000 was approved in Community Development’s 2019 budget for the completion of this study. Although it was unclear at the time of the approval just how much this study would ultimately cost, it was anticipated at the time that any costs beyond the original budget allocation would be drawn from ComDev’s operational savings. Unfortunately, no bids were received in response to this RFP. In the absence of any formal bids, the Community Development Director began making direct inquiries to firms that have previously worked with the City of Aspen on planning related projects and to firms that have national reputations for sound fiscal and economic analysis. Two firms showed interest and agreed to partner in a proposal: White and Smith, LLC –a planning and law consultancy based in Kansas City, KS, and Charleston, SC; and TischlerBise, Inc. –a fiscal, economic, and planning consultancy based in Bethesda, MD. DISCUSSION:White and Smith and TischlerBise submitted a proposal in early June of 2019 in response to initial discussions with the Community Development staff. Following a conference call with Jessica Garrow and Ben Anderson from ComDev and Chris Everson from Asset Management, an updated and more precise scope of work was proposed, along with a corresponding budget and project schedule (See Exhibits A and B). ComDev and Asset Management have reviewed the proposed scope of work and agree that it is consistent with the previous direction from Council and staff’s understanding of the issues at hand. The final deliverable from this study will be a report from the consultants that provides analysis of Aspen’s current FIL calculations and the relationship of these calculations to related 2 Page 2 of 8 Affordable Housing Fee-in-Lieu Analysis Contract for Professional Services topics in AH mitigation and the AH Credits program. Alternatives to our current methods will be evaluated and a recommendation for next steps will be presented. The goal of the project is to have this report available and an initial discussion with Council on the findings of the report prior to the end of 2019. It should be noted that the proposed contract would end at Task Three (a report) as described in the Scope of Work and Project Timeline. Consultant assistance with implementation of any recommendations of the report would require an additional contracting of services. FINANCIAL IMPACTS:The cost for the proposed scope of work is $68,720. The proposed scope and budget realizes the numerous factors that are involved in Aspen’s FIL figures and that understanding the topic requires sophisticated analysis. Additionally, it has been made clear to the consultant team that the project, while considering best practices and new ideas from other communities, should ultimately be focused on the specific nature of Aspen’s local context. While this proposed project budget is significantly beyond the $25,000 initially allocated, there has been an assumption throughout that the total cost would be beyond this amount. The difference would be met within ComDev’s operational savings. There are no new budget requests related to this contract. In summary, the proposed project costs will be met with the following funding sources: Amount Funding Source $25,000 previously allocated in ComDev’s 2019 budget toward this purpose. $7,500 funds available from another affordable housing study project that is not currently on ComDev’s workplan (specifically, changes to the AH zone district) $10,000 from unused funds in ComDev’s Long-Range Planning 2019 project account $26,220 from ComDev’s operational savings $68,720 Total Cost A 10% contingency will be requested in the Resolution for the contract. If necessary, these funds would additionally come from ComDev’s operational savings. These additional funds could be used if the consultants need to make an additional trip to Aspen to meet with Council or stakeholders beyond the trips proposed in the scope of work, or if unforeseen steps need to be taken. Any expenditures beyond this contingency would require further Council approval in amending the contract. ENVIRONMENTAL IMPACTS:N/A ALTERNATIVES:N/A RECOMMENDATIONS:N/A CITY MANAGER COMMENTS: Exhibits A – Scope of Work B – Budget and Project Schedule 3 Page 3 of 8 Affordable Housing Fee-in-Lieu Analysis Contract for Professional Services EXHIBIT A: SCOPE OF Work City of Aspen Affordable Housing Fee-in-Lieu Analysis This Scope of Work sets forth the planning and legal services to be provided by White & Smith, LLC and TischlerBise, Inc. to conduct an Affordable Housing Fee-in-Lieu Analysis. In general, the City has requested our Team evaluate the current methodologies employed in the Affordable Housing Fee-in-Lieu program and to recommend improvements related to methodology and cost assumptions. Our Analysis will be informed by reviewing and summarizing five (5) similar programs around the country. In addition, White & Smith’s land use attorneys will evaluate the legal status of the current Affordable Housing Fee- in-Lieu program, based on most recent and applicable law, and will evaluate any recommended methodological or ordinance changes for legal sufficiency. Tyson Smith, Esq., AICP, of White & Smith, will service as project manager, for the consultant team. In addition to administering the Analysis, White & Smith will provide legal analysis to the City Attorney’s office and, as directed, to City staff. We also will provide support and legal evaluation to TischlerBise in the development of its methodological analyses and recommendations. The following tasks describe the work to be performed by each firm, and Exhibit A – Budget Summary details the estimated number of hours and costs associated with each task. The anticipated Project Schedule is provided in Appendix B. In Task 1, we will narrow the issues of concern for the City and receive stakeholder and City input. In Task 2, we will prepare a report summarizing our findings and setout recommended areas of revision in the City’s Fee-in-Lieu program. Building on Task 1 and 2, Task 3 will facilitate informed and specific guidance from the City Council as to any changes to the program to be performed in Task 4. Task 1: Review Current Program & Stakeholder Meetings TASK 1A: REVIEW BACKGROUND MATERIALS Team Members will review all background materials provided by the City related to the City’s Affordable Housing Fee-in-Lieu program, including materials related to: Annual updates; Construction cost data; Housing guidelines The Growth Management Quota System & Housing Credits; and Related zoning provisions and plan policies; The Affordable Housing and Fee-in-Lieu program itself, including ordinances, policies, tracking and other administrative background related to the current analysis. Deliverables:N/A Trips:0 4 Page 4 of 8 Affordable Housing Fee-in-Lieu Analysis Contract for Professional Services TASK 1B: PROJECT ASSESSMENT MEMORANDUM Based on our review of the City’s background materials, we will prepare a 2-3 page memorandum listing the areas we believe the City is interested in evaluating as part of this Analysis and any areas the Team preliminarily believes should be revisited. The goal with the memorandum is to keep the project focused on areas of concern as we head into our Stakeholder Sessions. We will present a draft of the memo to staff, conduct a teleconference call to receive comments, and finalize the memo, which will help inform and guide the Task 1C Stakeholder Sessions. Deliverables:Staff and final draft Project Assessment Memorandum Trips:0 TASK 1C: STAKEHOLDER SESSIONS & CITY COUNCIL DISCUSSION Tyson Smith and Carson Bise will prepare for and attend between 8 and 10 stakeholder interviews in Aspen over the course of two days. The objective of these initial sessions is to fully develop our understanding of the City’s Affordable Housing program, the impact of and experience with the fee-in-lieu component, and areas in which local stakeholders feel additional attention or reevaluation would be beneficial. We will conduct a 30-minute discussion session with City Council to introduce the members to the project, scope, and schedule and offer an opportunity to ask questions and give initial feedback or concerns to be addressed. Deliverables:Handouts, materials, and presentations needed for Stakeholder Sessions and Council Presentation, as applicable Trips:2 days, 2 persons Task 2: Draft Assessment & Recommendations Report Task 2A: Jurisdiction Review and Report In order to broaden our perspectives on potential recommendations, we will evaluate the pros and cons of other fee-in-lieu programs with similar objectives as Aspen’s. While jurisdictions from Colorado and other resort communities may be relevant, the Team will also consider programs from other states and kinds of communities. We will work with staff to develop the list of communities to be reviewed and will then prepare an overview of up to five (5) related programs. It is anticipated that, for each community evaluated, we will provide an overview of the program, identify any distinguishable aspects, and list components that may inform our recommendations in Aspen. Deliverables:Jurisdiction Review and Report Trips:0 Task 2B: Staff Review Draft Assessment & Recommendations Report Based on our research from other jurisdictions, stakeholder and staff input, and our own legal and technical research, the Team will develop an Assessment & Recommendations Report outlining areas of the current program where revisions or updating may be appropriate. The report will summarize methodological, procedural, and legal components, as follows. TischlerBise will evaluate the current fee-in-lieu component of the City’s Affordable Housing program, including the underlying methodology. Cost assumptions will be reviewed, based on current and readily-available data, and recommendations made. TischlerBise also will evaluate alternative methodologies and sources of relevant cost data and assumptions and identify any areas that should be updated or revisited. 5 Page 5 of 8 Affordable Housing Fee-in-Lieu Analysis Contract for Professional Services White & Smith will evaluate legal and procedural aspects of the current program and make recommendations for revisions that will increase equity and efficiency, but which also adhere to the City’s current housing policies and goals. In addition, White & Smith will research and provide guidance related to the following three legal questions: 1. Evaluate the “fee-in-lieu” as an effective housing production component of the City’s current program and assess the legal issues surrounding its availability as a compliance option. 2. Evaluate legal issues related to mandatory thresholds for providing housing instead of fees-in-lieu, including the impact of such thresholds on housing production and availability. 3. Evaluate the implications of mandatory thresholds on the City’s housing credit program, taking into consideration the current inventory of credits and recent annual trends. Finally, the draft Assessment will list the Team’s recommendations, providing a narrative discussion of the goal each change is intended to accomplish, its implications on the City’s broader planning and zoning efforts, and any pros, cons, or legal considerations that may benefit the Council’s review and guidance for revisions during Tasks 3 & 4. The team will prepare a draft of the Assessment & Recommendations Report, which will be provided to staff and the City Attorney’s office, as appropriate, with sufficient time to review and provide written comments. The City’s staff project manager will assemble and reconcile staff comments and forward these to Tyson Smith, the project manager. Based on staff input, we will hold a teleconference with staff to ensure we understand completely all input received and obtain any additional guidance. Thereafter, the Team will prepare a draft for City Council consideration and input in Task 2C. Deliverables:Staff Review Draft of the Assessment & Recommendations Report Trips:0 Task 2C: Council Review Draft Assessment & Recommendations Report Based on staff input in Task 2B, we well prepare a revised draft of the Assessment Report for transmittal to City Council. Deliverables:Council Review Draft of the Assessment & Recommendations Report Trips:0 Task 3: Present Assessment & Recommendations Report and Finalize Recommendations Task 3A: Meet with Aspen City Council Tyson Smith and Carson Bise will prepare for and attend a second work session with the City Council to review and receive additional input on the Draft Assessment & Recommendations Report. Mr. Smith and Mr. Bise will discuss the methodological, procedural, and legal aspects of the report and its recommendations. This is anticipated to be an informal, but expansive work session, to ensure the Council is well-informed and prepared to give the Team guidance on the direction of Task 4. Deliverables:Presentation and Handouts/Materials in support of City Council Worksession Trips:1 day, 2 persons Task 3B: Finalize Assessment Memorandum Following the input of City Council in Task 3A, we will finalize the Assessment & Recommendations Report, which will detail the specific objectives and Council-recommended changes to the fee-in-lieu program and associated ordinances and policies, as applicable. Deliverables:Final Assessment Memorandum 6 Page 6 of 8 Affordable Housing Fee-in-Lieu Analysis Contract for Professional Services Trips:0 Task 4: Prepare Updated City Affordable Housing Fee-in-Lieu Program Based on the direction of City Council in Task 3B, the Team will work with staff to prepare a Supplemental Scope of Work, detailed outline, schedule, and cost estimate for updating the City’s Affordable Housing Fee-in-Lieu Program, including, as applicable, revisions to City policies, codes, and administrative materials. Upon review and acceptance by the City, the Team will complete the Supplemental Scope of Work. Deliverables:TBD Trips:TBD Task 5: Additional On-Site Meetings If meetings in addition to the two on-site meetings set out in Tasks 1C and 3A are requested by staff, team members will make themselves available, as needed. If additional meetings in Aspen are requested, Team members will attend meetings at the below fixed fees and costs: Fees:One day of Meetings: $3,360/person Two days of Meetings $5,040/person Travel Costs: $1,500/person 7 Page 7 of 8 Affordable Housing Fee-in-Lieu Analysis Contract for Professional Services EXHIBIT B - Budget and Schedule 8 Page 8 of 8 Affordable Housing Fee-in-Lieu Analysis Contract for Professional Services 9