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 meet time 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.
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 a regular 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 Av� °
SIGNED: �--�
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
2
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 1: 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 NEEDSASSESSMENT. 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
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update demographic information, and address all aspects of housing needs, in conformance
with Housing Element 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 will 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 7: 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
Elements. 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'
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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 HCD 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 to Town. Assist Town staff with
submittal of the final copy to HCD 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 I by December 31, 2001; Task 2, 3, 4 and 5 by January
31, 2001; Task 5 by February 28, 2001. 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 shall comply with all applicable laws, codes, ordinances,
and regulations of governing federal, state and local laws. Consultant represents and
warrants to Town that it 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. Information/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
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N'.\DEy\SUZANNE\Housing ElemenMousing-Conmpd
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 will 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
for 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 of the General Plan" (attachedhereto 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 949
Los Gatos, CA 95031
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 Manager. 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 personal l to Consultant. No portion of these services shall be assigned or
subcontracted without the written consent of Town.
Revised: August 15; 2001 Page 4 of 9
N'.\DEV\SUZANNE\Housing Element\Housing-Conmpd
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) 354-687
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: (831) 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 understood that 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 not 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. Consultant shall be compensated 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 solely 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, 2001 Page 5 of 9
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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 shouldit
discover it has done 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 not less than: 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 in amounts not less than $1,000,000 which is
sufficient to insure Consultant for professional errors or omissions in the
performance of the particular scope of work under this agreement.
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N:\DEV\SUZANNE\Iousing Elemenfflousing-Conmpd'
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 -
insurances maintained by Town, its officers, officials, employees or
volunteers shall be excess of Consultant's insurance and shall not contribute
with it.
ii. 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. Consultant shall save, 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.
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N:\DEV\SUZANNE\HousingElement\ 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 shallbe
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.
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N:\DEV\SUZANNE\Housing Element\1-lousing-Conmpd'
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 Feitas
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
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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: 1000
TOTAL: $3%500
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 $1,000 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 sessions/hearings. Additional staff or "public"
meetings will be considered Additional Services billed at Consultant's hourly
rate of $125.00.
PR,,,j@,)„4'U0 Ct'k:SeM.PTY.O.N
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 proposedformat 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.
Exhibit B
I—loUs��vt� ELEMENT UPDATE
Propolsl3al to t1rie
'Town of Los Gatos
311-
Attachment 2
(7) 4
HOUSING ELEMENT UPDATE
2001-2006
TOXIN OF Los GATOS,
PROPOSAL SUBMITTED BY:
MELANIE SHAFFER FREITAS
FREITAS + FREITAS ENGINEERING AND
PLANNING CONSULTANTS
311 LAU'RENT STREET, SANTA CRU'Z 95060
(8'31) 471-9942
JULY 10, 2001
TABLE OF CONTENTS
1. Proposal Highlights ................................................................................................................... I
2. Scope of Services ....................................................................................................................... 2
3. Proposed Fee Schedule ............................................................................................................ 7
4. Product Description ........................................................................................ . ........................ 7
5. Description of Firm and Housing Element Experience .....................................................8
6. Experience with Housing Issues in Los Gatos .................................................................... 9
7. References ................................................................................................................................... 9
8. Resumes ..................................................................................................................................... 10
rd . P 'Sri sPO°`.�.AL h3i„9.51:'ieLdi,H S 5
• 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 proposedHousing Element will also
include a chapter that includes an inventory of all 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 years. 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 certified by the State as being in compliance with Housing Element law
on October 28, 1997.
• 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 Freitas several times. We are confident that the Town of Los Gatos will
feel' the same way with their final product.
Bi ;_ _ ' `V"E.=: 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
2000, 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 HousingElements 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.
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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: 1,000
TOTAL: $30,500
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 $1,000 allowance will be incurred and reimbursed as
AdditionalServices 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 sessions/hearings. Additional staff or "public"
meetings will be considered Additional Services billed at. Consultant's hourly
rate of $125.00.
c G fix*. ObN '•y/ C
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
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. 1n 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 affordablehousing 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
resume., which is included with this proposal.
0
MOON
6.
Efik l.. u'vi'w i�ec F WIN Htii'U d$.d511:.`.1 �",s s -1;F . %.. Q.v s Anil Au0 +"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 wilt 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: ImaWuort a@toaks.org
2. Mr. Steve Piasecki, Community Development Director
City of Cupertino, California
(408) 777-3308
e-mail stevep@cupertino.org
(Note. Ms. Shaffer Freitas revised the Housing Element for the Town of
Campbell when Mr. Plosecki was Planning Director there. When he became
Community Development Director for the Town of Cupertino, he asked Ms.
Shaffer Freitas to also revise the Housing Element for the Town of Cupertino)
Housing Elements and Other Affordable Housing Services
Mr. Jim Cook, Director
Housing and Redevelopment Office
County of Monterey, California
(83 I) 786-1350 e-mail: cookla-co.monterey.ca.us
2. Mr. Paul Ogden, Town Manager
City of Auburn
(530) 823-421 1
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 resume for Melanie Shaffer Freitas.
HE
0 c�
311 Laurent Street
Santa Cruz, California 95060
(831) 471-9942 (voice)
(831) 429-1264 (FAX)
QAt g.,.�.f.,, A'.7 C G<.9f — �—�'A'8 i�r leIIf 5'" i;.'irl
V e. l: v: II :� J u y 4 0 c E iv
• 1y>>< G�i i _ , a_1 4 Frel,t�.,= is an urban planning consultant with over 20 years
of experience in the field of planning. She has developed a special expertise
in the area of housing, especially affordable housing.
• h4elande Shaffer fteitsa,:, 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.
Melanie Shaffer 'Fr :4 as 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 h,,i r : i eftt ais also prepares housing strategies 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 f une 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.
Representative Contracts
1. Technical Assistance and Training: HUD Programs
As a consultant to HUD, Ms. Shaffez Ffei as 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
0 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
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).
,Vue f nie Shaffer Freft s 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 well -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 Ms. Shaffer Freitas' recent contracts:
Recent Housing Element Contracts: (1996-2001)
• City of Fremont, Ca. (Summer 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) CERTIFIEDBY 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 bii Ms. 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
c) Development of Homebuyer program
d) Evaluation of Housing Rehabilitation Program
• City of Stockton, Ca. (1995-%)
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 of Santa 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�