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2001-097- Authorizing The Town Manager To Execute An Agreement With Freitas + Freitas For Services As The Town Housing ConsultantRESOLUTION 2001- 97 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH FREITAS + FREITAS FOR SERVICES AS THE TOWN HOUSING CONSULTANT RESOLVED,. that the Town of Los Gatos Town Council has determined that there is a need for a Town housing consultant to assist with the update of the General Plan Housing Element, in accordance with Section California State Code Section 65588(a); and RESOLVED, that Government Code (Sections 65.580-65590), Article 10.6 requires that all California localities adopt housing elements .(updates) as part of their general plans; submit draft and adopted elements to the Department of Housing and Community Development {HCD) for review with compliance with State Law, and complete the updating process by December 31, 2001; and, RESOLVED, that the General Plan 2000 includes policies .and implementing strategies supporting this action; and RESOLVED, that Freitas + Freitas is the most qualified consultant to complete the Housing Element update because of the time sensitive nature of this process, the firm's familiarity with the Town of Los Gatos, its proven ability to meettime sensitive deadlines and its successful. track record in gaining certification of housing elements by HCD; and, RESOLVED, that project manager Melanie Shaffer Freitas, has extensive experience with housing element updates, working with small communities; :and has a successful track record in gaining certification of housing elements by HCD; and RESOLVED, by the Town Council that the TOWN OF LOS GATOS to enter into the agreement for consultant services attached hereto. ~~ (~9 FURTHER RESOLVED, by the Town Council that the Town Manager is .authorized and directed to .execute the attached agreement with Freitas +Freitas for services as the Town housing consultant for the preparation of the Housing Element update on behalf of the TOWN OF LOS GATOS. PASSED AND ADOPTED at aregular meeting of the Town Council held on the 20t'' day of August, 2001.., by the following vote: COUNCIL MEMBERS: AYES'; Randy Attaway, Steven Blanton, Sandy Decker, Steve Glickman, Mayor .Joe Pirzynski NAYS: None ABSENT: None ABSTAIN: None ~ ~ ~ ° SIGNED: ~--° MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: ~,~~ . ~ CLERK OF THE TOWN OF LOS GATOS LOS GATOS„ CALIFORNIA 2 ~,. oi. M.~~ AGREEMENT FOR HOUSING CONSULTANT SERVICES THIS AGREEMENT is entered into this day.of August, 2001, by and between the Town of Los Gatos, State of California, herein called "Town", and FREITAS + FREITAS, engaged in providing HOUSING consulting .services herein called "Consultant". RECITALS A. Town is considering undertaking activities to PROVIDE HOUSING SERVICES FOR THE TOWN OF LOS GATOS. B. Town desires to engage a HOUSING Consultant to provide consulting services to UPDATE THE HOUSING ELEMENT OF THE GENERAL PLAN because of Consultant's experience and qualifications to perform the desired work. C. Consultant represents and affirms that it is qualified and willing to perform the desired work pursuant to this Agreement. .AGREEMENTS NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: '.Scope of Services. Consultant shall provide the services listed in the Consultant's Scope of Work, attached hereto as Exhibit '"A" .and by this reference incorporated herein, and the services listed below. Consultants scope of Work is divided into seven tasks.: TASK is DATA COLLECTION. The Consultant will review background reports and data and will identify needs for additional data, and recommend ways for Town staff to obtain needed data. TASK 2: REVIEW OF CURRENT HOUSING ELEMENT. The Consultant will review the current Housing Element to assess effectiveness of existing goals, policies and programs, both in terms of .meeting the goals of previous adopted Housing Element, and as potential for meeting today's housing challenges. Town staff will assist in summarizing achievements since 1997, .and Consultant will reflect this information in a written summary which describes achievements, lessons learned, and possible new approaches, policies and programs .for meeting. current goals. TASK 3: HOUSING NEEDS' ASSESSMENT. This task .includes the data .research as identified in Task 1 above as wells additional information research. Specifically, the Consultant will meet with Town redevelopment,. housing and planning staff. Consultant will Revised: August 15,200.1 Page 1 of 9 N:~DEV\SUZANNE~IIousing Element~I-lousing-Con.wpd ~M~ update demographic information, and address all aspects of housing, needs,. in conformance with Housing El'ernent law, and will integrate information from the Santa Clara County Urban county consolidated Plan and' Redevelopment Housing. Plan as appropriate. TASK 4: RESOURCE INVENTORY.. This task includes a land inventory as well as an inventory of available financial resources.. Town.. staff shall provide Consultant with an inventory of vacant and underutilized land, as well as an inventory of lands potentially suitable for redevelopment or rezoning. Town staff shall also provide Consultant with information about existing infrastructure and' infrastructure constraints. Based on this. information, Consultant will work. with. Town staff to identify housing opportunity sites, and will summarize the range of possible development patterns and. unit yields under these alternative approaches. to development. TASK 5: HOUSING CONSTRAINTS. Consultant will identify governmental and nongovernmental constraints to housing development. in Los. Gatos, including land use controls, building and. other code requirements, required on-and off-site improvements, fees and exactions, permit processing procedures,. availability of financing ,land. prices,. and construction costs. Consultant will prepare a written assessment. of actions that have been taken and could be taken by the Town of Los Gatos to minimize such constraints. TASK 6: HOUSING POLICIES, PROGRAMS AND OBJECTIVES. A comprehensive housing. strategy will be developed that will' include housing programs, policies, quantified objectives; time frames and responsible. parties. Consultant wil'1 assess the effectiveness of existing. housing. policies; and shall prepare information and/or recommendations about possible new or modified housing policies. This will. be prepared in draft form and presented' as a strategy for the public and staff to review and evaluate. Consultant will. assess and address consistency with the General. Plan,. Redevelopment Plan and Urban County Consolidated Plan. Consultant will define quantified objectives for housing objectives will be identified for each income category for construction, rehabilitation, and conservation/preservation goals. TASK 7r DRAFT AND FINAL COPIES OF UPDATED HOUSING ELEMENT. Public. Review of Draft Housing Elements: At the Town's direction, the consultant will prepare presentation materials for two public meetings on the draft Housing Elerments. These meetings could be in the form of town meetings, neighborhood workshops, Planning Commission or Town Council study sessions, etc. 2. Submittal of Draft Housing Element to State HCD and release of Draft for 60-day Public Review. Consultant will revise the Preliminary Draft to reflect input and direction received. at the study sessions(s)/public. hearings,: to produce the Draft Housing Element. The draft document will' be released for public review and' Revised: August 15, 2001 Page 2 of 9 N:~DEV~SUZANNE~IIousing Element~I-Iousing-Com.wpd submitted for review by the Department of Housing and Community Development (HCD). Town staff will prepare and circulate CEQA document. 3, Respond to Public and h'CD Comments/Housing Element Adoption. Work with Town staff to respond to comments on the Draft Housing Element, providing explanations. or additional information as necessary, Work with Town staff to revise Draft Housing Element. prior to public hearings to adopt the Housing Element. 4. Finalize Adopted Housing Element. Prepare Final Housing Element document, and transmit camera-ready and .electronic versions o Town. Assist Town staff with submitta'1 of the final copy to HGD for review and certification. 2. Time of Performance. The services of Consultant are to commence upon the execution of the contract with completion of Task l by December 31, 2001; Task 2, 3, 4 and 5 by January 31, 200.1; Task 5 by February 28, 200!1, Consultant will shall complete Part 1 of Task 7 (Preparation of Draft .Housing Element) for public review by March 31, 2002. Completion of Parts 2 and 3 :are subject to the time it takes HCD to review and comment on documents. The anticipated date of Planning Commission review will be by end of June 2002. The time of performance as described above. is consistent with the "time frame" in the Consultants "Proposal .for the .Preparation of the Update of the Housing Element of the General Plan" ___ (attached hereto as Exhibit "A" and incorporated by reference herein). 3. ,: Compliance with Laws. Consultant hall comply with all applicable laws, codes, ordinances, ~. and regulations of governing federal, state and local laws. Consultant represents and warrants to Townthafit has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant represents and warrants to Town that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement .any licenses, permits, and approvals which are .legally required for Consultant to practice its profession. Consultant shall maintain a Town of Los Gatos business license pursuant to Chapter 14 of the Code of Town of Los Gatos. 4. Sole Responsibility. Consultant shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement. 5. Inforrnation/Report Handling. All documents furnished to Consultant by Town and all reports and supportive data prepared by .Consultant under this Agreement .are Town's property and shall be delivered to Town upon the completion of Consultant's services or at Town's written request. All reports, information, data, and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement. are confidential until released by Town to the public, and Consultant shall not .make any of the these documents or information available to any individual or organization not employed by Consultant or Town without the written consent of Town before. such release. Town Revised: August 15, 2001 Page 3 Of 9 N'.~DEV~SUZANNE~1-Iousing Element~Housing-Con:wpd ~~ acknowledges that the. reports to be prepared by Consultant pursuant to this Agreement are for the purpose of evaluating. a defined project, and Town's use of the information contained in the reports prepared by Consultant. in connection with other projects shall be solely at Town's risk, unless Consultant expressly consents to such use in writing. Town further agrees that. it wi111 not appropriate any methodology or technique of Consultant which is and has been confirmed in writing by Consultant to be a trade secret of Consultant. 6. Compensation. Compensation for Consultant's professional. services not exceed $30,500 based upon Town. approval of each task as noted in the Scope of Services.. Compensation fore each task shall not exceed the amount per task noted. in Consultant's Fee Schedule included in the Consultants "Proposal for the Preparation of the Update of the Housing Element ofthe General Plan" (attached' hereto as Exhibit "B" and incorporated by reference herein). Billing shall be in conformance with fees for services set forth in the Proposed. Fee Schedule.. Billing invoices submitted for payment must reference Town. Purchase Order Number. Also, plans,. specifications, documents or other pertinent materials shall be submitted for Town review, even if only in partial or draft form. Only one (1) purchase order number per invoice will be accepted. All' invoices and statements to Town shall reference Town's purchase order number and' be addressed as follows: Invoices: Town of Los. Gatos: Attn: Accounts Payable P.O. Box 949 Los. Gatos, CA 95031 Statements: Town of Los Gatos. Attn: Sandy Ortiz P.O. Box 94'9' Los Gatos, CA 9503'1 7. Availability of Records:.. Consultant shall maintain the records supporting this billing for not less than three: (3) years following completion of the work under this Agreement.. Consultant shall make these records available to authorized personnel of Town at Consultant's offices during. business hours upon. written request of Town,.. 8. Project 1Vlanag_er. The Project.. Manager for Consultant for the work under this Agreement. shall! be Melanie Shaffer Freitas. 9. Assi ng ability and Subcontracting. The services to be performed under this Agreement are unique and personall to Consultant. No portion of these. services shall be assigned or subcontracted without the written consent. of Town. Revised: August 15; cool Page 4 of 9 N'.\DEV\SUZANNE\Housing Element\Housing-Con,wpd 10. Notices. Any notice required to be :given shall be deemed to be duly and properly given if mailed postage prepaid, .and addressed to: To Town: Bud N. Lortz .Director of Community Development Town of Los Gatos P. O. Box 949 Los Gatos, CA 95031 Fax: (408) 354-7593 Phone: (408) 354-6'87 E- mail: blortz@town.los-gatos.ca.us To Consultant: Melanie Shaffer Freitas Freitas +Freitas,. Engineering and Planning Consultants ,311 Laurent Street Santa Cruz, CA 95060 Fax: ($31) 429-1264 .Phone: (831) 471-9942 or personally :delivered to Consultant to such address or such other address as Consultant designates in writing to Town. 11. Independent Contractor. It is understoodthat Consultant, in the performance ofthe work and services agreed to be performed, shall :act as and be an :independent contractor and not an agent or employee of Town.. As an independent contractor he/she shall not obtain any rights to retirement benefits or other benefits which accrue to Town employee(s). With prior written consent, Consultant may perform some obligations under this Agreement by subcontracting, but may riot delegate ultimate responsibility for performance or assign or transfer :interests under this Agreement. Consultant agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement.. Consultantshall becompensated for its costs and expenses in preparing for, traveling to, and testifying in such matters at its then current hourly :rates of compensation, unless such litigation is brought by Consultant or is based on allegations of Consultant's negligent performance or wrongdoing. 12. Conflict of Interest. Consultant understands that its professional responsibilities is so ely to Town. Consultant has and. shall :not obtain any holding or interest within Town of Los Gatos. Consultant has no business holdings or agreements with any individual member of Staff or management of Town or its representatives nor shall it enter into any such holdings or agreements. In addition, Consultant warrants that it does not presently and shall not Revised; August 15,200:1 Page 5 Of 9 N:~DEV~SUZANNE~l~ousing Element~tIousing-Con.wpd acquire any direct or indirect interest adverse to those of Town in the subject of this Agreement, and it shall immediately disassociate itself from such an interest should' it discover it has donee so and shall, at Town's sole discretion, divest itself of such interest.. Consultant shall not knowingly and shall take reasonable steps to ensure that it does not employ a person having such an interest in this performance of this Agreement. If after employment of a person,. Consultant discovers it has employed a person. with a direct or indirect interest that would conflict with its performance of this Agreement, Consultant shall promptly notify Town of this employment relationship, and shall, at Town's. sole discretion, sever any such. employment relationship. 13. Equal Employment OpportunitX. Consultant. warrants that it is an equal. opportunity employer and shall comply with applicable regulations governing equal'. employment opportunity. Neither Consultant nor its subcontractors do and neither shall discriminate .against persons employed or seeking. employment with them on the basis of age, sex, color, race, marital status,. sexual orientation, ancestry, physical' or mental disability, national'. origin,. religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California. Fair Employment & Housing Act. 14. Insurance. A. Minimum. Scope of Insurance: i. Consultant agrees to have and maintain, for the duration of the. contract, General Liability insurance policies insuring. him/her and' his/her firm to an amount notlessthan: one million dollars ($1,000,000) combined single limit per occurrence for bodily injury,. personal' injury and' property damage. ii. Consultant agrees. to have, and maintain for the duration of the contract,. an Automobile Liability insurance policy ensuring. him/her and his/her staff to an amount not less than one million. dollars ($1,000,000). combined single limit per accident for bodily injury and property damage. iii.. , Consultant shall provide to Town all certificates of insurance,.. with original endorsements effecting coverage. Consultant. agrees that all certificates and endorsements are to be received' and approved by Town before work commences. iv. Consultant agrees to have and maintain, for the duration of the contract, professional liability insurance inamounts not less than. $1.,000,0.00 which is sufficient to insure Consultant for professional. errors or omissions in the performance of the particular scope of work under this agreement. Revised: August 15, coot Page 6 of 9 N:~DEV~SUZANNE~Iousing Blement~I-lousing-Con.wpd' B. General Liability: Town, its :officers, officials, employees and volunteers are to be covered as .insured as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant, premises owned or used by Consultant. This requirement does not apply to the professional liability insurance required for professional errors and omissions. ii. Consultant's insurance coverage shall be primary insurance as respects Town, its officers, officials, employees and volunteers. .Any insurance or self- nsurances maintained by Town, its officers, officials, employees or volunteers shall be excess of Consultant's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to Town, its officers, officials, employees or volunteers. iv. Consultant's insurance shall apply separately to each .insured against whom a claim is made or suit is brought, except with .respect to the limits of the insurer's .liability. C. All Coverages: Each insurance policy required in this item shall be endorsed to state that coverage shall not be suspended, voided, canceled, .reduced in coverage or in . .limits except after thirty (30) days' prior written notice by certified mail, .return. receipt requested, has been given to Town. Current certification of such insurance shall be kept on file at all times during the term of this agreement with Town Clerk. D. In addition to these policies, Consultant shall have and maintain Workers' Compensation insurance as required by California law and shall provide evidence of such policy to Town before beginning services under this Agreement. Further, Consultant shall ensure that all subcontractors employed by Consultant provide. the required Workers' Compensation insurance .for their respective employees. 15.Indemnification. Consultantshallsavc, keep and hold harmless indemnify and defend Town its officers, agent, employees and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which may be occasioned by a willful or negligent act or omissions of Consultant, or any of Consultant's officers, employees, or agents or any sub-consultant. Revised: August 15, 2001 Page 7 of 9 N:\DEV\SUZANNE~I-Iousing Element~I lousing-Con.wpd 16. Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach. or default under this Agreement constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement. 17. Governing Law. This. Agreement, regardless of where executed, shall be governed by and construed to the laws of the State of California. Venue for any action regarding this Agreement shall be in the Superior Court of the County of Santa. Clara. 18. Termination of Agreement. Town and Consultant shall. have the right to terminate this agreement. with or without cause by giving not less than fifteen (15) days written notice of termination. In the event of termination; Consultant shall deliver to Town all plans,. files, documents, reports,: performed to date by Consultant. In the event of such termination, Town shall pay Consultant an amount that bears the same ratio to the maximum. contract price as the work delivered to Town bears to completed services contemplated under this Agreement pursuant to the noted Scope of Services and Exhibit A hereto, unless such termination is made for cause, in which event, compensation, if any, shall. be adjusted in light of the particular facts and. circumstances involved in such termination. 19. Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing, and signed by Town and Consultant. 20: Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall' be entitled to reasonable attorney's fees, including. costs of appeal. 21. Entire Agreement.. This. Agreement, including Exhibits A & B, constitutes the complete and exclusive statement of the Agreement between Town and Consultant. No terms, conditions, understandings or agreements purporting: to modify or vary this Agreement,. unless hereafter made. in writing and signed by the party to be bound, shall be binding on either party. Revised: August IS, 2001 Page 8 of 9 N:\DEV\SUZANNE\Housing Element\I-Iousing-Con,wpd' IN WITNESS WHEREOF, Town and Consultant have executed this Agreement as of the date indicated on page one (1 ). Town of Los Gatos Debra Figone, Town Manager Town of Los Gatos ATTEST: Clerk of Town of Los Gatos,. Los Gatos,'California Marian V. Cosgrove, Town Clerk Consultant: Melanie Shaffer Fetas Freitas +Freitas Approved as to Form: Orry P. Korb, Town Attorney Revised: August 15, 2001 Page 9 of 9 N:\DEV\SUZANNE\Housing Element\Housing-Con.wpd ~~ ' ~ ~ 1-- ~. a~ E a~ V W ~ a~~, °o cn N ' ar C ~ O ~ t0 C L i1 ~ ~. 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O ~ ~ v ~ d O ~ GJ '~ j .C N C p L v ~+ ~ 4l ~ ~ ~ O O ' ° ° a G ~ 0.0 ; .0 a~. cGd ~ ~ ~co °Y L,~, ~ ~ ~_ d , ~~~ ~, £ 0 a ~ ~ U ~ c y .C L ++ u C ,N~n:n ~ ',~-~+ ~ L +~ c~0 ~ ~ .~ W ~ H ~ Ql td, ~ 47 ~ C3 ~o ~ O O ~ G=s~~~~ '_=~o ' _~sL G ~~ = W =aw~v r~ u~ a ~ ~ ~ ~~~ ~ u a~~ u~~~ ~ o t/~ -~ O a" V ~ ~ Q ~ ~ ~ N ~ C'3 ~ ~ C'J ~ ~, ~ ~ ~ ~ ~ Q V, ~ ~ N ~ ~ N' ~ ~ ~ ~ I- ~ ~ L ~ P~ ~ O~ ~9 1- Fes, ~ C,~ 2 N O O `~ N v~ v G ~ ~ N $N v ~ N LL CJ N '~ E +C,' ~ ~ W .. ~ p ~ ~ ~ _4 ~ p cad ~. ~~a a=E .y ~ £ a •v v o c o ,a ~+ ~ ~ ~ ~ c~3 c ~~.fl~ cc~c~, ~d '~^ 'nGoo o~°_ ~w 4l b o ti. d =.~C d d C 'Q=~•~~ d O c a u` ~' 8~ H '`-" "'~ U ,~o~~~ wao~c°' E~, w ~ ° L + 3 a ps,L;~L ~~o£ d3 u 4J ~ w C V_~ ~~ H W C C.~_ ~ Q~ O'C ~~.~ O ~ •4J ~ C C ~ ~ ~ 'CJ p ~ y 4V- a, a~'~o c. oc~ _wou O`a H~.d~3 a~cpe ~~~~. _ ~ _ (A GJ Q) Q _~ o ~"' o c c o,ow N ~~~ i c 3 ,.+ s ~ ; o F- ~ ao a- ao ~ ~F. 310- ~~ ~ao~'~ w~ ~~° N ~ L~ M L•~ C= d' dLV c'o~ 'V 0p30 v~,2 V i LLI w ~ ~ fl, ~" ~ d d iO.+ ~ ~~~ ~C va •g ~. '4~5„~ ~aul Z`~3 5~q ~x+;., R5~ 1 fi3N ,Y j '~ M1~ ~~ h ''~Wj~tl ~m 4 ~~ ~z nv .VRrB' f I ry~ ^ The total fee for the services proposed is $30,.500.00, This fee. includes all professional services Provided as well as a $ L,000 "allowance" for reproduction of documents. The fee will. be paid as follows: Notes: Retainer Payment to Initiate Services: $ 5,000 Monthly Billings During Development of Preliminary Draft: $ 16,500 Payment upon Submittal of Preliminary Draft: $ 4,000 Payment upon Submittal of Final Housing Element: $ 4,000 Reimbursement Allowance for Materials/Expenses: 1000. TOTAL: $30,5D0 a. Approximately $1,000 has been allocated as an "allowance" for reproduction of written materials. As directed by staff, consultant will reproduce. draft. documents, public workshop materials, etc. and will! bill the Town "at cost" for those items, up to the maximum $1,000 allowance. Costs exceeding this $ I ,000 allowance will be incurred and reimbursed as Additional Services only as pre-authorized by Town staff.. b. Travel costs will. be included as a reimbursable expense. only if travel is to locations outside of Santa Clara County and. is pre-authorized by Town staff.. c. Total Fee includes up to 3 meetings with Town staff,. and up to 4 "public meetings", which includes any public workshops,. Planning. Commission, and Town Council meetings/study sessionslhearings. Additional staff or "public" meetings will be considered Additional Services billed at Consultant's hourly rate of $ 125.00. l~+., ~'`"'ti~~Cx V,~'~.3 rds ~ut'k:+~.'Ti ~~y.a;.i't„s'~T P.j~,E`J The consultant will' provide all written. documents to the Towne. in both "hard copy" format as well as an electronic version. It is recommended that staff and'the consultant discuss the proposed' format. of the document early in the development process. Specliically, the consultant proposes using Microsoft. Word 2000 (V1/ind'ows 98) version for the document preparation. If the Town intends to place draft documents on the Town's web site for public review, it is recommended that the Town's technical staff provide information to the consultant regarding the most feasible format in which to do so. Exhib€ B I-loUS~~vt~ G~~[~ESV~ EJt'u~,r~: Attachment 2 ~~ O HOUSING ELEI~IEI~T UPC~ATE 2®01-2006 TOWN OF L0~ ~ATOS PROPOSAL SUen~ITTED L~:Ye NIEL~N'lE CHAFFER FREITAS FREITAS + FREITAS ENGINEERI'N'G AND PLANNING CQNSULTANTS 311 LAU'RENT STREET, SANTA CRUZ 95060 (8'31.) 47 ~.-9942 JUDY ~.0, ~00~ TALE ~F '~®(VTENTS I . Proposal'.Highlights ................................................................................................................... 2. Scope of Services .......................................................................................................................2 3. Proposed Fee Schedule .........................................................................................................7 4. Product Description.... .... ..................................................................................................7 5. Description of firm and Housing Element ~xperience .....................................................8 6. Experience with Housing Issues in Los Gatos .................................................................... 9 7. References ...................................................................................................................................9 8. Resumes .....................................................................................................................................10 rd , a`~ ~~ ~ s~ ~~,~`-~.?~A L IBS.. S i„9.5 1:'ieL d i~ ~l S ~ • Scope. of Services Exceeds State Requirements (pages. 2-6) The proposed Scope of Services meets and exceeds the requirements of State Housing Element law. In addition to basic requirements,. the proposed' Housing. Element will also include a chapter that includes an inventory of a!I' affordable housing opportunities in the Town. This is not required by State. law but is considered by the consultant to be an important component of any Housing Element she develops. • Extensive .Experience in Housing Element Development {page 8) Melanie Shaffer Freitas is especially qualified to prepare the updated Housing Element. for the Town of Los Gatos. Ms. Shaffer Freitas has prepared 24 Housing Elements during the last 23 yearn. Her recently completed Housing Elements include the City of Thousand Oaks (2000=01), City of Fremont (2001) and'. City of Cupertino. (2001). • Knowledge of Los Gatos Community (page 9) Melanie Shaffer Freitas completed an update of Los Gatos' Housing Element in 1997.. The Element. was certifled~ by the State as being ih compliance with Housing Element law on October 28, i 99T. • Consultant With. Proven Results (pages 8-9) The. references. and' resumes included in this proposal reflect a consulting firm with extensive experience in Housing. Elements and affordable housing strategies.. Clients have been so pleased with their products that they have requested. the services of Melanie Shaffer Freltas several times. We are confident. that the Town of Los Gatos will feel' the same way with their final product. ~;=i.~~;~_ '~~~.~"~.=: Organize and prepare an .updated Housing Element for the Town of .Los Gatos which meets the requirements as outlined in Article 10.6 of the State of California Government Code. {Housing Element Law). The updated Housing Element for the Town of Los Gatos will include all data and '.information required by State Housing Element law. The updated Element will also '.include the Regional Housing Needs estimate as prepared by the Association of Bay .Area Governments and, as accepted by the Town of Los Gatos. Melanie Shaffer Freitas, co-owner of Freitas + Freitas Consultants, will be responsible. for the development of the Town's updated Housing Element. Ms. Shaffer Freitas has extensive experience in the preparation of 'Housing Elements for California communities. She has ,prepared 24'Housing Elements during the past two decades. In 2400, she prepared the. Housing Element for the. City of Thousand Oaks in Ventura County (SCAG region), which was certified in December 2000 by the :State. During 2001, she has completed Housing'Elements for the Cities of Cupertino and Fremont (ABAG region). She also is the author of Los Gatos' current Housing .Element which was certified 'by the State in 1997 as being in compliance with Housing'Element law. Because Ms. Shaffer Freitas has deliberately chosen to keep .her firm small, she is able to ,provide .personalized services to her clients. The Town can be assured that all work, including research and policy/program development, will be her responsibility and not delegated to a junior associate or intern. The chart on the following pages identifies more specifically the scope of work proposed with tasks identified and appropriate time frames. 2 W ~ q CX W ~_ I- a~ E a~ V N ~ ~ ~ '~ Q~ ~ d ~ N v G' ~ ~ d co _c a ~ ~ ~ ~ d L ° C ~ d 'O ~ _ ~ LL ~ ~ p .C d ~o O ~ p d O O N O~ ° C 4J L G7 ,p f .~' _ ~ O. p ~ o = ~o - o° o c ° a~ c ~~ _ ° Z ~ .~ N a ~ ~ L ~ ~ '3 ' ~ ~ '- c~ ~ °-, 0 c ~o ~sZ `'' ° ' ~~v mV~ e ~ ~ E O ~' v „ ~, G ed y u' ,, ° 'L C C ~ V, dA d ~ ~ C C v ~ *' o- ° N ~ ~ H = ~ ;~ 7 C ~ o .c ~ - o~ ~ O C ~ C od Q,~ c ~~ p p a~N~ O c ~ ~ h ~~ d ' ~ ~ ~ - C C , ~ ~ ~ '~ ~ b ~ i p ~ ~, _ C p ~ ~ ~o~,v ~d~ ~c.op ~ c~,L ~ o ~pp.2 ?~a~. ~ ~ ° ~ ~ ~ ~ 'O _ b ~ ~ O W' ~ d v 0 ~ 0 C' ~ ~ ~ m o ca ~C °'v L L ~ d~ ~ ao °~ Z~ ~o p a o ° -a v0-~ ~ ~ N vOi L ld ~ ~ ~ d ~ p O G ,p ~, 3 s" 7 C. _ G! ~ ~~o '~VVVFp~~ oc~d~~ ~+'c+ o~ ~V~oo~tj~ • ci. ~~a aoo;; ao0 p 3~A °L na ~' 'o~o~ tot~~'~a~i V .~ ~ v QN~ Vf W C' ~ td d aI 0.2a00 0G=WV O ~~ • • • r • • • ,~,~ O 0 v .~N M~' Vf ~GPCOO~O O ~ ~ ~ ~ ~ ~ O am h - ~ ~ m w L,L W H d ~ 47 C eCd .~ H a ~ ~ ~ ~ ~ ~ ~~~ao =.c a~ C ~.:OO ~ .~~~~~a ~ L ~ ~ ~ ~ ~ _ ~ ac v~a+~o a~~La ~ H ~ ~ ~'o'~a y oU~C~ ~s ~ os ~_~ d ~ C ; .fl 0- td ~ ~ ~ ~ C ++~La~~ ~~~~~ y G~ ~ L, ~Z ~~ ~ ~4. W ~ G = p C ,= L L ~ td O ova-~No L L = ~ L :~ 0 u u ~ C. 4:~i of O ~ t~{ td C ~p ~ ,i,, s~.ao_ F- ._ ~a ~+ ~+ u °o °o °ao °oo N N N N N N ~!- ~ i ~ ~ ~ ~ O ~ O ~ O ~ u c ~ c ~ c O `°, O, O H C o ,~ V V V d '^~.CZ- ~ d ~d o~ d ~ c ~ u ~ `o"_° ~~a ~d~'s =a ~ ~ ~ O ~ ~ .L a~ h ~'N ~ ~ W ~~i C ~ ~C •v'nJ ~ c~a£ o • - . _ ~ ~ ~ ~ ~ C C 0 ~ ~ L ~ C ~ ~ tv/N~~. 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O . = ~~ a ~ L o ~ c~ s 1-L~L v ca ~ooa F'~.. ~ w ~ w ~ ® ~ ~ ~ ~ ~ ~ w ,~ ~I ~ ~ w '~ ~ N ~ ~ ~ ~ cn ~ ? en ~ ~ ~ ~ ~ ~ ~ 8 o ~ ~ ~ ,~, ~ ~CJ~ '~ ® ~ ~ ~~ ~ ~~ . ~ W ~ ~ LL. I- p~ N N ~ ` O ~, .- ° N ~O ~ ~ ~ Z ti W ~ ~ F- u [Ltl w O '~d = 4J ~ ~ .~H ~ = _ yy,, DA to •fl' O t+'d L O p, Z N Z7 O cd ~ ~+ = G ed ~+ ~' Q. ~ L'~ °i~''ro~o Q• ~ ~''ti~ ~ °~ J ~ ~ ~ ~~ ~ ~ w ctn - v . c ~, a c o ~ c ~+ C C L O- .C L = ~ _ GJ > A ~ i+ = ~ C p ~ O L ~= ~ L W O d , ry, ~~ d ~ , •o~` y nl ti~v 3cos . ~'csaoc: ~ ~ ' L ~~o a_ a~ w c o ~,~ao ~.~ ~ ~, ~. ~ ~+ u C O 3 u C ~ ~ i u C' '~ ~ ~ C ~ ~ H. vi , W CJ to L C C~ ~ H~ ~ ~ L~ y ~ L h L aQF ~ LU ~ = to ~ y~ C = ~ + C ; ~ td O ~ ~ ~+ fY ° u yr = ~ ,~' ~+ d O +' L u +~ O O + m ~~ u ~ u a O~ ++ ~ ~ O O L~ L O d y. a V a C ~ s ~ O F- 7 p e+'d O ~ O ~ y ~ ~ ~ L . vi , v i ~ ~ ~ y N ~ d + d ~ 0 ~ by ~ ~ ~ bA ~ d ~ v ~ ~ . .~, • [~ Vsod~~ ~ F-Q.a U asy U~~va u D w r ® Q ~ ~. ~". 'Q ~ Q W ~ ~ ~.. N L~LI ~~„ ~ ~ ~ ~ ~ ~ O ~; ~ ~ ~ ( ~ W ~ ~ to ~ ~ ~ y ~ ~ g, ~ I- fl ~, ~ ~ ~ ~ Or ~., CJ H ~ ©V ~ W U O d U N O p `~ N ~+ w u G e~ d N • O = ~ O . N N ~ ~ ~ 4J ~ ~ ~ L N°~ ~cua a=E ~... o•o~+'-~'~~ a ~ O L~ 'p ~ ~ C L ~ ~ d N ~0 ~y_G $~ ~ C L~ v 'b O 3 'i ~ y C S ~~ C Q= ~ y G ~ 'a" `~~ E ` y_ c~ a s Q ~ o s ~ i ~+ w~ W .~ ~ C 0 ~ 3 ~; U U ~ o 'L ~o o ~ •L, !0 A td F+ ~+ H c p,_L:SL E£a~ ~,a~3 w e~~=c V~_Wao ~o~G 13 a o£~ d ~ L~= 0~ 3 ~v ~~o~.a ~~H~ v~E'~v w.. •, ~ •i tin ~ ~ ~ +~,+ _ ~ ~>' ~ b •O = ~ ~'°o ~~Fs-moo asd~'~ o=>L tn~ ~~~ ~H ~ 3 e ~~~ ~ v c•° > > a~i'>^ ~ L ~~ e~i c'~~LV Moo3~ d'~~t ~:a t~v, "`?} ^ ~W=a ~.:, °~ ~~. ~~.~ ~~~?~ ~ o~ egg ~ ,~ yxs: ?vy ha.Si) ,p~° S;s:9 ~~: a7::e9 V%2~ 9 g~ ~>~ - ~ ~+ Z r ~s h ~ 3~1 ~O c`~. •~rF"i~iie'Er.°d@; d~ 0 ~:5: w p^~~ ~.,~ The total fee for the services. proposed'' is $30,500.00. This fee includes all Professional services provided as well as a $1,000 "allowance" for reproduction. of documents. The fee will be paid as follows: Notes: Retainer Payment to Initiate Services: $ 5,000 Monthly Billings During Development of Preliminary Draft $16,500 Payment upon Submittal of Preliminary Draft: $ 4,000 Payment upon Submittal. of Final Housing Element: $ 4,000 Reimbursement Allowance for Materials/Expenses: L 000 TOTAL: $30,500 a. Approximately $ I ,000 has been allocated. as an "allowance" for reproduction. of written materials. As directed by staff, consultant will reproduce. draft documents, public. workshop materials, etc. and will bill the Town "at cost" for those items, up to the' maximum $ 1,000 allowance. .Costs exceeding this $ 1,000 allowance. will be incurred and! reimbursed as Additional'. Services only as pre-authorized by Town staff. 6. Travel costs will be included as a reimbursable expense. only if travel is to locations outside. of Santa Clara County and ispre-authorized by Town staff. c. l"otal Fee includes up to 3 meetings with Town. staff, and up to 4 "public meetings", which includes any public workshops, Planning Commission, and Town Council meetings/study sessions/hearings.. Additional staff or "public" meetings wilt be considered Additional Services billed at. Consultant's .hourly rate of $ 125.00. The consultant will provide all written documents to the Town in both "hard copy" format as well' as an electronic version. It is recommended that staff and'the consultant discuss. the proposed format of the document. early in the. development process. Specifically, the consultant proposes using Microsoft Word 2000' (Windows 98) version for the document preparation. If the Town intends to place draft documents on the. Town's web site for public review,. it is recommended that the Town's technical staff provide information to the consultant regarding the most feasible format in which to do so, 7 _~~. ~;~~€~i~~'~'b~'~ E: h`~i¢5ic~ ~~;~~! dl~y~~+.~~;~.yr ~_?..",oi~aa~~~~'3 `~~,Y ~~ ;~~~ Melanie Shaffer Freitas, the primary project manager, has written 24 Housing Elements for various California communities. Her experience in developing Housing Element is extensive. She wrote her first Housing .Element in 1977 (City of Watsonville) and has continued to provide Housing Element consulting services since that time. Recently, she revised the Housing Element for the City of Thousand Oaks in the SCAG (Southern California Association of Governments) region,.. which was certified by the'State in December 2001.. in the ABAG {Association of Bay Area Governments) region, she .recently completed revising Housing Elements for the City of Fremont and the City of Cupertino. She is also under contract with the City of Pleasanton to provide expert services to their staff in developing their Housing Element. Finally, her services have .also been retained by the County of Monterey for the .preparation of their Housing Element update. As this information demonstrates, Ms. Shaffer Freitas is experienced in developing Housing Elements for a variety of communities with different populations, housing needs and .geographic locations. In addition to those communities mentioned above, Ms. Shaffer freitas' other recent clients include the City of Palo Alto and the City of Campbell. Ms. Shaffer Freitas is especially .proud of the fact that clients request her services over and over again. For example, the City of Thousand Oaks has retained Ms. Shaffer -. Freitas as their housing consultant since 1985. She has revised their Housing Element three times. during that time frame. Other previous clients that have .requested Ms. .Shaffer Freitas' services again include the City of Palo Alto and the City of 'Fremont. Ms. Shaffer'Freitas designs Housing Elements that are responsive to each individual community and develops .information that exceeds State Housing Element law requirements. For example, Ms. Shaffer Freitas always includes a separate chapter in the Element that describes all of the current housing .programs and housing developments in the. community. State Housing Element'law does not require this; however, Ms. Shaffer Freitas believes that it is an especially helpful chapter for the "ordinary" reader of the document who just want some basic information on the current availability of affordable'housing opportunities. Another example of Ms. Shaffer Freitas' expertise in developing Housing Elements 'is the fact that she .prepared the first Housing Element in the State that included developments which met the intent of new Housing Element legislation, AB 438. The 2001 Housing Element for the City of Thousand Oaks was certified by the State and two developments were found to meet the intent of AB 438. For further description of the work experience of 'Ms. Shaffer Freitas, please see her resum€, which is included with this proposal. 8 ~~. "~°' /Y'aS. {~ a Q; FT 4_S ~q `r' g, 7ia, ar;;^ G°c"' I~ ,~ "'`" p .-T 'S ~t'.. s':~fik l.. u'~~ii'w i~`e'~r ~; '~t+Y.. S~e ~tii'~J d$.d511:.`.1 ~~. ^..i ~1~~G. . '~'ti l... Q.v ~. ~n1 s-~u~:3 +"J Ms. Shaffer Freitas prepared the most recent Housing Element. for the Town. of Los Gatos in 1997. The Element.. was certified by the State on October 28, 1997. She anticipates that she will be able to prepare an updated Housing Element for the Town that again will meet all State Housing Element law requirements. References for Melanie, Shaffer Freitas: Housing Elements:, I. Mr. Larry Marquart, Senior Planner City of Thousand Oaks, California (805) 449-2325 . e-mail: Imor~uart cniv.tooks.org 2. Mr. Steve Piasecki, Community Development Director City of Cupertino,. California (408): 777-3308 e-mail: stevep@cupertino.org (Note: Ms. Sha f~er Freitas revised the Housing Element for .the Town of Campbell when Mr. Piasecki was Planning Director there. When he became Community Development Director .for the Town o f Cupertino, he asked Ms: Sho f fer Freitas to also revise the Housing Element for the Town o f Cupertino.) Housing. Elements and Other Affordable Housing Services Mr. Jim Cook,. Director Housing and' Redevelopment. Office County of Monterey, California (831) 786- E350 a-mail: cookj~a7co.montere~.ca.us 2. Mr. Paul. Ogden, Town Manager City of Auburn (530)823-4211 3. Ms. Mary Kolesar, Director Office of Affordable Housing Programs U.S. Department of Housing and Urban Development Washington, D.C. (202) 708-2470 9 On the following page is the reswme for Melanie Shaffer Freitas. i0 r~ c~ 311 Laurent Street Santa Cruz, California 95060 (831) 471-9942 (voice) (831) 429-1264 (FAX) ~:, A@$:,•l.p..•A'.7C G<.9~ ~n~~-~'A•a~i~r eef 3~".a_~~r~i vee:,,:D:~3a5ao ., c...-~7 ~ .'"~i~.wn. {~ri~v _~.. • 1y>><<;.~G~~~3~~_ ~,~a_1~~ ~4 ~~ ~~°: i,t~,= is an urban planning consultant with over 20 yearn of experience in the field of planning. She has developed a special expertise in the area of housing, especially affordable housing. • ~~, ~ cl~~y~xi~ ~slau~ff~r~ l~°~itsa,:, has. extensive experience in evaluating and writing Housing Elements for California communities. She has reviewed Housing Elements for the State of California, Department of Housing and Community Development and has also written 24 Housing Elements for California. communities. Her most. recent. Housing Elements (1998-2001) were written for the communities of Fremont, Cupertino, Palo Alto,. and' Thousand Oaks. ~#,~i~ 167ix-~i,~:~ ~~laai'~~~° :4~~~~~-7:4~~~ is a nationally recognized trainer and consultant for the U.S. Department of Housing and Urban Development. (HUD),: Washington, D.C. Since 1979 she has trained thousands of individuals in the continental United States, Hawaii,. Alaska, Guam and Saipan in HUD affordable housing programs. • :' i ~~ °~ty ~~~~ .rx~~:~A r ~: i~"~ ii~~~_=:~ also prepares housing sfrategies for Redevelopment Agencies and local communities, In 1997-99 she. developed and wrote the housing strategy for the City of Santa Cruz Beach and South of Laurel. Area Comprehensive Plan. This .Plan received an "Award of Excellence" for Comprehensive Planning from the Northern California Section of the American Planning. Association in June 1999. Listed on the following pages are more specific details regarding the range and depth of consulting services that Ms. Shaffer Freitas has provided in recent years. Representatl've Contracts 1. Technical Assistance and Training: HUD Programs As a consultant to HUD, I'~1:~, ~~~~,~~;i~b ~1ci~~~ estimates that she has trained over 5,000 persons in 70 different locations on the use of HOME and CDBG funds in the last two decades. She has extensive experience in managing and delivering informative training sessions on HUD funded programs. In .addition to delivering training sessions, HUD also requests her services to provide on-site technical assistance to communities on the proper use of .HOME funds. Listed below are examples of several communities :for which Ms. Shaffer Freitas has recently provided consulting services... .Recent On-Site Technical Assistance ..(1998-2001) • State of Hawaii Development of HOME program policies and procedure manuals for the islands of Kauai, Maui and Hawaii, • Fulton County, Georgia .Staff Training on HOME Program County of Los Angeles, California Staff Training on HOME Program • City of Santa Cruz, California :Development of Homebuyer Program • Snohomish County, Washington • Territory of Guam and Commonwealth of Northern .Marianas Island 2. Housing Strategies and Elements 1p~i~ ;~~~~gr4~~~ b~r~u~;a~~ also is experienced in developing and writing housing strategies for .local communities. She has prepared housing strategies for the City of Fremont (1999), City of Santa Cruz (1997-99), City of Santa Barbara .(1996), Stanford University .(1995) and City of San Jose (1991). ,~~u ~ ~ L41~' "~1~~~~~tvF" j~~~ii~du~i also continues to provide services to :local governments in the development of Housing Elements. Since 1977, Ms. Shaffer Freitas has written over 24 Housing Elements for California communities. The Department of Housing and Community Development, State of California (HCD) .has recommended excerpts .from some of the Elements prepared by Ms. Shaffer Freitas as examples of a weh-written document. In particular, her "Housing Element Review" chapter from the City of Capitola's Housing Element has been used by HCD as an example. Listed on the following page is a representative list of 1VIs. Shaffer Freitas' recent. contracts: Recent Housing Element Contracts.. (1996-2001): • City of Fremont, Ca. (Sumner 2001: Completed/Being. Reviewed by HCD).) • City of Cupertino, Ca. (Summer 2001; In Progress) • County of Monterey (Summer 2001:. In Progress). • Town of Los Gatos, Ca. (1996-97) CERTIFIED` BY HCD • City of Palo Alto, Ca. (1996-98) CERTIFIED BY HCD • City of Thousand Oaks, Ca. (1985,1991, 2000) CERTIFIED BY HCD Examples of Housing Strategy Documents Developed btu 1VIs. Shaffer Freitas: • City of Auburn. (2000) Housing Strategy for City's Redevelopment Agency • City of Santa Cruz (1997-2000) a) Evaluation of Affordable Housing Program b) Feasibility Report for Housing Trust Fund e) Development of Homebuyer program d) Evaluation of Housing Rehabilitation, Program • city of Stockton, Ca. (1995-96) a) Evaluation of City's Housing. Rehabilitation Program • City of San Jose, Ca. (1991) a) Evaluation of City's Housing Rehabilitation Program • City of Morgan Hill, Ca. (1987-1990) a) Strategies for use of Housing Set-Aside Funds b) Policies and Procedures for Senior Housing Trust. Fund c) Accessory Unit Program and Replacement Housing • City of Eureka,. Ca. (1988-91) a) Strategies for use: of Housing Set-Aside Funds ij -~ ~ ~r ~ i'"ca ~ t ~ ~, a f 7/ 1L ,~.,,',~ > t ~^ rn -6'• a ~~ d u 1972 _ Bachelors in Behavioral Sciences, (BA) San. Jose State. University, San Jose, California 1974 Masters in Urban and Regional Planning (MUP) San. Jose. State University, San Jose,. California 2000 P) Board. of Directors, Habitat for Humanity (Santa Cruz Chapter) 1981-86 Planning. Commissioner, City ofSanta Cruz 1982-83 Chairperson, Mayor's. Task Force on Affordable. Housing, City of Santa Cruz 1984-85 Chairperson, Planning. Commission,. City of Santa. Cruz v7~