1996-049-Authorizing The Town Manager To Execute Agreement With Melanie Shaffer Freitas To Update To General Plan Housing ElementRESOLUTION 1996 - 49
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE AGREEMENT WITH
MELANIE SHAFFER FREITAS TO UPDATE THE
GENERAL PLAN HOUSING ELEMENT
WHEREAS, the Housing Element is not certified by the State Department of Housing and
Community Development; and
WHEREAS, consultant Melaine Shaffer Freitas is highly qualified to update the Housing
Element and obtain State certification; and
RESOLVED: that the Los Gatos Town Council does hereby authorize the Town Manager
to execute an agreement with Melanie Shaffer Freitas to update the Housing Element (as shown
in Exhibit A).
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 6th day of May, 1996, by the following vote:
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin
Mayor Randy Attaway
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYO F THE TOWN LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
1r]
Tii'riN JE /RK /
AGR:
IN H:
AGREEMENT FOR HOUSING CONSULTANT SERVICES
THIS AGREEMENT is entered into this 6th day of May, 1996, by and between the Town
of Los Gatos, herein called the "Town" and the Town of Los Gatos Redevelopment Agency, State
of California, herein called the "Agency," and Melanie Shaffer Freitas, engaged in providing
housing consultant services, herein called the "Consultant."
RECITALS
A. The Housing Element and Redevelopment Housing Programs are not certified by the State
Department of Housing and Community Development (HCD).
B. Because of Consultant's experience and qualifications in preparing Housing Elements and
Redevelopment Housing Strategy and working with HCD, the Town/ Agency desires to
engage Consultant to:
1. Collect and analyze all data to evaluate and update the existing Housing Element and
Redevelopment Housing Programs.
2. Prepare Administrative Draft Housing Element and Affordable Housing Program/
Strategies; revise per staff comments.
3. Submit revised draft document to HCD for review.
4. Work with HCD to obtain certified Housing Element and Affordable Housing
Program documents.
S. Work with staff and attend public hearings for the adoption of the certified Housing
Element and Affordable Housing Program.
C. The Consultant represents and affirms that it is qualified and willing to perform the desired
work pursuant to this Agreement.
_� �. U_ID ►I! .
THE PARTIES AGREE AS FOLLOWS:
To update the Housing Element and prepare Redevelopment Housing Programs.
Consultant's Scope of Work is divided into four parts as described below.
Revised May 2, 1996 Page 1 of 8
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1. Collect and analyze all data, meet with Town staff (one or two meetings), meet
with Town and HCD staff (one meeting) and prepare draft Housing Element and
Redevelopment Affordable Housing Program.
.. VAIM411VI 161MINUN a a to I :' •• • 614141100 1:10
1. Revise draft documents per Town staff comments. Include any public review
comments at this time if appropriate.
2. Submit draft documents to HCD for their review and comment.
WAIMIRIMM", IM0981411MIM u ► M U11-MMOV02 •• u
I . Attend meeting with Town and HCD staff to discuss draft documents, conduct
phone conversations with HCD.
2. Revise documents per HCD comments as directed by Town staff. A total of 40
hours is allocated for this stage of the process. If the negotiations become
protracted and exceed the 40 hour allocation, additional hours needed and
requested by Town staff will be provided by the consultant as explained in Section
7 of this agreement (Compensation).
1. Revise draft documents to incorporate HCD's comments and prepare final updated
Housing Element and Redevelopment Affordable Housing Program.
3. Time of Performance. The services of the Consultant are to commence upon June 1, 1996
with completion of Part 1 (preparation of Administrative Drafts) by October 15, 1996.
Consultant shall complete Part 2 (Preparation of Preliminary Draft documents/ submittal
to HCD) by November 15, 1996. Completion of Parts 3 and 4 are subject to the time
HCD takes to review and comment on documents. The anticipated date of Planning
Commission review will be February 1997. The time of performance as described above
is consistent with the schedule included in Consultants "Proposal for the Preparation of the
Update of the Housing Element of the General Plan/ Redevelopment Agency Affordable
Housing Programs" "Project Schedule" page 5 (attached hereto as Exhibit "A" and
incorporated by reference herein).
4. Compliance with Laws. The Consultant shall comply with all applicable laws, codes,
ordinances, and regulations of governing federal, state and local laws. Consultant
represents and warrants to Agency 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 Agency that Consultant shall, at its sole
Revised May 2, 1996 Page 2 of 8
N:\DEV\RDA\HOUSAGR.MEL
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 the Town of Los Gatos.
5. Sole Responsibility. Consultant shall be responsible for employing or engaging all persons
necessary to perform the services under this Agreement.
6. Information/Report Handy. All plans and documents furnished to Consultant by the
Town/ Agency and all plans, reports and supportive data prepared by the Consultant under
this Agreement are the Town/Agency's property and shall be delivered to the
Town/Agency upon the completion of Consultant's services or at the Town's /Agency's
written request. All plans, 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 the Town/Agency to the public, and the
Consultant shall not make any of the these documents or information available to any
individual or organization not employed by the Consultant or the Town/ Agency without
the written consent of the Agency before such release. The Town/Agency acknowledges
that the plans and reports to be prepared by the Consultant pursuant to this Agreement are
for the purpose of evaluating a defined project, and Town's /Agency's use of the
information contained in the reports prepared by the Consultant in connection with other
projects shall be solely at Town's /Agency's risk, unless Consultant expressly consents to
such use in writing. Town/Agency 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.
7. Compensation. Compensation for Consultant's professional services shall not exceed
$20,940. Payment shall be based upon Town approval of each task in the Scope of Work
section of this Agreement. If the negotiations become protracted and exceed the 40 hour
allocation, additional hours needed and requested by Town staff will be billed at $98.50
per hour for the consultant. Ten percent of the total contract amount shall be withheld until
final presentation of the Housing Element Update/ Housing Programs is made to the Town
Council/ Agency.
Billing shall be accompanied by a detailed explanation of the work performed by whom,
at what rate, and on what date. Also, documents or other pertinent materials shall be
submitted for Town review, even if only in partial or draft form.
8. 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 the Town/Agency
at the Consultant's offices during business hours upon written request of the
Town/Agency.
Revised April 26, 1996 Page 3 of 8
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9. Project Manager. The Project Manager for the Consultant for the work under this
Agreement shall be Melanie Shaffer Freitas.
10. A55ignability and Subontrartino. The services to be performed under this Agreement are
unique and personal to the Consultant. No portion of these services shall be assigned or
subcontracted without the written consent of the Town/Agency.
11. 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/Agency:
TOWN MANAGER/EXECUTIVE DIRECTOR
TOWN OF LOS GATOS / LOS GATOSREDEVELOPMENT
AGENCY
P.O. BOX 949
LOS GATOS, CA 95031
To Consultant:
MELANIE SHAFFER FREITAS
FREITAS + FREITAS, ENGINEERING AND PLANNING
CONSULTANTS
311 LAURENT STREET
SANTA CRUZ, CA 95060
or personally delivered to Consultant to such address or such other address as Consultant
designates in writing to Town/Agency.
12. Independent Contractor. It is understood that the Consultant, in the performance of the
work and services agreed to be performed, shall act as and be an independent contractor
and not an agent or employee of the Town/Agency. As an independent contractor he /she
shall not obtain any rights to retirement benefits or other benefits which accrue to Town/
Agency employee(s). With prior written consent, the 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.
Revised May 2, 1996 Page 4 of 8
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13. C911fli9t of Interest. Consultant understands that its professional responsibilities are solely
to the Town/Agency. The Consultant has and shall not obtain any holding or interest
within the Town of Los Gatos. Consultant has no business holdings or agreements with
any individual member of the Staff or management of the Town/Agency 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 acquire any direct or indirect
interest adverse to those of the Town/Agency in the subject of this Agreement, and it shall
immediately disassociate itself from such an interest should it discover it has done so.
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 sever this employment relationship.
14. Equal .mplovment ORportunity. 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.
15. 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 occurence 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.
Consultant shall provide to the Town/Agency all certificates of insurance,
with original endorsements effecting coverage. Consultant agrees that all
certificates and endorsements are to be received and approved by the
Town/Agency before work commences.
iv. Consultant agrees to have and maintain, for the duration of the contract,
professional liability insurance in amounts not less than one million dollars
($1,000,000) for all work described in Scope of Work (Parts 1-4). This
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amounts is sufficient to insure Consultant for professional errors or
omissions in the performance of the particular scope of work under this
agreement.
B. General Liability:
i. The Town/Agency, 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 the Consultant; products and completed
operations of Consultant, premises owned or used by the Consultant. This
requirement does not apply to the professional liability insurance required
for professional errors and omissions.
ii. The Consultant's insurance coverage shall be primary insurance as respects
the Town/Agency, its officers, officials, employees and volunteers. Any
insurance or self - insurances maintained by the Town/Agency, its officers,
officials, employees or volunteers shall be excess of the Consultant's
insurance and shall not contribute with it.
Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the Town/Agency, its officers, officials,
employees or volunteers.
iv. The 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, cancelled, reduced in coverage
or in limits except after thirty (30) days' prior written notice by certified mail,
return receipt requested, has been given to the Town/Agency. Current certification
of such insurance shall be kept on file at all times during the term of this agreement
with the Town Clerk/Secretary of the Redevelopment Agency.
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 the Agency 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.
16, Indemnification. The Consultant shall save, keep and hold harmless indemnify and defend
the Town/Agency 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
Revised April 26, 1996 Page 6 of 8
N:\DEV\RDA\HOUSAGR.MEL
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 the Consultant, or any of the Consultant's officers, employees, or agents or
any subconsultant.
17. 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.
18. Q
agy?rrlingy 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 or Municipal Court of either the County of Santa Clara
or the County of San Mateo.
19. Termination of Agreement. The Agency and the 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, the Consultant shall deliver to
the Town/Agency all plans, files, documents, reports, performed to date by the
Consultant. In the event of such termination, Town/Agency shall pay Consultant an
amount that bears the same ratio to the maximum contract price as the work delivered to
the Town/Agency bears to completed services contemplated under this Agreement pursuant
to 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.
20. Amendment. No modification, waiver, mutual termination, or amendment of this
Agreement is effective unless made in writing and signed by the Town/Agency and the
Consultant.
21. Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be
entitled to reasonable attorney's fees, as well as costs not to exceed $7,500 in total.
22. Entire Agreement. This Agreement constitutes the complete and exclusive statement of
the Agreement between the Town/Agency 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
PAY
IN WITNESS WHEREOF, the Town/Agency and Consultant have executed this
Agreement as of the date indicated on page one (1).
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Town of Los Gatos
David W. Knapp, Town Manager
Town of Los Gatos
Redevelopment Agency
David W. Knapp, Executive Director
Redevelopment Agency
ATTEST:
Town Clerk
Los Gatos, California
Marian V. Cosgrove, Town Clerk
Larry E. Anderson, Town Attorney
Reviud April 30, 1996
N:\DEV\PDA\HOUSAGR.MEL
Consultant:
Print Name
Title
Secretary of the Redevelopment Agency
Los Gatos, California
Marian V. Cosgrove, Agency Secretary
Larry E. Anderson, General Counsel
Page 8 of 8
Proposal for the Preparation of the
Update of the Housing Element of the
General Plan /Redevelopment Agency
Affordable Housing Programs
Submitted to: Planning Department
Town of Los Gatos, California
Submitted by: Melanie Shaffer Freitas
Freitas + Freitas, Engineering and
Planning Consultants
311 Laurent Street
Santa Cruz, California 95060
(408) 429 -5018
April 8, 1996
1. Introduction
2. Scope of Work
1
A) Content of Updated Element 2
B) Style and Format of Element 3
C) Content of Redevelopment Affordable
Housing Programs 3
D) Materials and Information Required 4
3. Project Schedule
5
4. Qualifications of Firm /Consultant 6
5. Project Cost 9
6. Client References 10
7. Insurance Information 11
8. Resume of
Ms. Shaffer Freitas 12
Freitas + Freitas is pleased to submit this proposal to update the Housing Element
and prepare a Redevelopment Housing Plan for the Town of Los Gatos. Freitas +
Freitas is an urban planning and engineering consulting firm with Melanie Shaffer
and Mike Freitas as co- owners and principals of the firm. Founded in 1985, the
firm is committed to the philosophy of providing a high level of professional service
with a personal approach to each client.
Melanie Shaffer Freitas would be the principal contact person and the consultant
directly responsible for the completion of the work program. Ms. Shaffer Freitas
has extensive experience in the preparation of Housing Elements. She has written
numerous Housing Elements for California communities as well as reviewed
Housing Elements for compliance with State Housing Element law as a consultant
to the State of California, Department of Housing and Community Development.
Eleven of the Housing Elements prepared by Ms. Shaffer Freitas have been certi-
fied as being in compliance with State law. In addition to her expertise in Housing
Element requirements, she also has considerable experience in the area of afford-
able housing and governmental programs for housing assistance and production.
As a consultant for the Office of Affordable Housing, HUD, Washington, D.C., Ms.
Shaffer Freitas has developed and delivered many training courses on the use of
CDBG and HOME funds for affordable housing. During the past 11 years, Ms.
Shaffer Freitas has trained over 5,000 persons throughout the country in effec-
tively using federal funds in combination with state and local resources for hous-
ing development. Further, Ms. Shaffer Freitas has also worked directly with local
governments in developing programs and policies for housing. For example, she is
currently under contract with the City of Stockton to complete an evaluation of
the effectiveness of their housing rehabilitation program. During 1994 -95, the
State of Hawaii contracted with Ms. Shaffer Freitas to provide technical assistance
to the Counties of Maui, Hawaii and Kauai in regard to affordable housing strategy
development. In summary, Ms. Shaffer Freitas has extensive knowledge and
experience in all of the areas that are required for the successful update of a
Housing Element and the development of housing programs for the Redevelop-
ment Agency. She is extremely knowledgeable about all of the components re-
quired to be included in a community's Housing Element in order to be found to
be in compliance with State Housing Element law and she also has a thorough
understanding of the resources and the constraints experienced at the local gov-
ernmental level in providing affordable housing.
The Town of Los Gatos' current Housing Element was adopted by the Town in
1991 but was not officially certified by the State Housing and Community Devel-
opment. The update of the current Housing Element will include revising the
Element to include 1990 census data, the Town's annual housing reports, infor-
mation from the County's 1995 Consolidated Plan, new HCD requirements
Town of Los Gatos: Housing Element and Redevelopment Plan Proposal 1
(i.e. strategies to preserve "at risk" units) and revised goals, objectives, policies and
programs. The goal of the revision process is to produce a Housing Element that
is in full conformance with State Law and to receive certification by the State
Housing and Community Development Department.
A. Content of Updated Element
The Town intends to adopt an updated Housing Element that will meet the re-
quirements of State Housing Element Law (Article 10.6 of the Government Code).
Generally, this means that the updated Element should include the following
types of information:
o assessment of existing households and housing units
o lower income households overpaying for housing
o special need households (fannworkers, single parents, elderly, etc.)
o housing units needing rehabilitation /replacement
o regional housing needs by income category and new construction needs
o analysis of "at risk" units
o inventory of land suitable for residential development
o analysis of infrastructure capacity
o constraints to residential development (governmental and
non - governmental)
o quantified objectives for construction, rehabilitation and
conservation of housing
o evaluation of previous Housing Element (1985 and 1991 Elements)
o goals, policies and housing programs
o analysis of energy conservation opportunities
o citizen participation
o consistency with other General Plan Elements
The majority of data used in the revised Housing Element will be based on 1990
U.S. Census data; the 1995 Consolidated Plan; information in the current Hous-
ing Element; and, information provided by staff as well as outside sources such as
ABAG. Examples of specific information which Town staff will provide to Freitas +
Freitas are land inventory by zoning category, infrastructure availability, residen-
tial fees for single - family and multi - family projects and permit procedures. Fre-
itas + Freitas will review all of these information resources, collate and analyze
the data and then organize and incorporate it into the updated Element. In sum-
mary, then, the updated Element will be written using existing data and Freitas+
Freitas will not be expected to conduct surveys or inventories or in any way gener-
ate new data.
In addition to the information listed above, Freitas + Freitas will also include a
chapter on existing affordable housing opportunities in Los Gatos. While this in-
formation is not required to meet compliance requirements, we feel it is an impor-
Town of Los Gatos: Housing Element and Redevelopment Plan Proposal 2
tant component of any community's housing document. This chapter of the up-
dated Element would include such items as a description of existing affordable
housing programs that the Town manages, including those funded or proposed to
be funded with Redevelopment housing set -aside funds. Also included would be
housing developments or programs managed by other non profit agencies or or-
ganizations, such as the Santa Clara County Housing Authority. The purpose of
this chapter of the document would be to inventory all available housing resources
for the use of the reader who would like to know the current level and location of
affordable housing activities in the Town. This information i not r quired accord -
iog to State Hou ing Element Law. However. it 15 th e policy of Freitas ± Freitas to
include this information in a separate section of all Housing Elements that it pre -
>zares We have found it h Ipful for both w 11 a Town staff to be ahiA
to turn to a separate section of the Element that comDrehensivelly describes all of
the affordable housing opportunities that currtntly exist in the Qmm nom,
B. Style and Format of the Updated Housing Element
The format of the document will be completed upon direction by Town staff. Fre-
itas + Freitas has prepared Housing Elements that are formatted in two different
styles. The first is a "traditional" Housing Element where all of the information,
including statistical data and graphics, is included in one document. The second
format is one in which there is a 'Technical Appendix" document as well as a
much shorter and briefer additional document which is usually included as a
chapter or section of the General Plan. In this second format, the 'Technical Ap-
pendix" usually contains all of the required information and reflects the full Hous-
ing Element. The second and briefer document then is usually a summary of the
information contained in the 'Technical Appendix." Freitas + Freitas is prepared
to organize an updated Housing Element in either of these formats, depending on
the desires of the Town.
The updated document will be prepared in Microsoft Word 6.0 and computer disks
will be provided to the Town upon request.
C. Content of Redevelopment Affordable Housing Programs
State Redevelopment Law requires that 20% of tax increment funds generated be
set aside for housing- related activities. Recent State legislation (AB 1290) also
requires that communities develop an implementation plan to describe how an
agency intends to implement its affordable housing obligations. Communities, are
encouraged to incorporate the implementation plan with the Housing Element to
the greatest extent feasible.
The Town is to be commended for co- ordinating the development of Redevelop-
ment Housing Strategies with the Housing Element Update. This process will help
to ensure that the Redevelopment financial resources are directed to those areas
with the greatest needs. We would develop the Redevelopment Housing Strategies
Town of Los Gatos: Housing Element and Redevelopment Plan Proposal 3
after the initial data collection and analysis has been completed in the Housing
Element Update process. After a review of the data and an analysis of the Town's
housing efforts to date, then a comprehensive development of housing programs
and strategies will be undertaken. Based on the results of this effort, then, the
programs most appropriate for the Redevelopment 20% set -aside funds will be
identified. These programs will be identified in the updated Housing Element as
well as in a separate document for the Redevelopment Agency. We will work with
Town staff to develop the appropriate format to present this information to the
Redevelopment Agency and recognize that the Town is interested in providing
information in the most succinct and clear manner possible.
D. Materials and Information Required from Town to Complete Work Program
The following written information will be requested from Town staff in order for the
work program to be completed:
0 1991 Housing Element.
0 1985/86 Housing Element,
o Annual Housing Reports,
0 1995 Consolidated Plan (County of Santa Clara),
o 1990 U.S. Census data for Town of Los Gatos,
• Current Town Housing Implementation /Production Plan
for Redevelopment Agency Set -aside Funds,
• CDBG Performance Reports /Annual Summaries (County of
Santa Clara), and
o Town's General Plan.
In addition to the above documents, the consultant will ask staff to assist in pro-
viding the following information:
• inventory of vacant /underdeveloped land by zoning category,
• typical town fees for residential development (single family
and multiple family),
• infrastructure capacity and condition for vacant and under-
developed parcels,
• assistance in identifying constraints to the development
of housing, both affordable and market rate,
• inventory of existing affordable housing developments
in the Town (i.e. Below Market Price units, public
housing units, etc.), and
• summary of Town's recent housing efforts (i.e. assistance
to homeless programs, housing rehabilitation program).
Town of Los Gatos: Housing Element and Redevelopment Plan Proposal 4
Following is the anticipated schedule for completion of the Housing Element Up-
date and Redevelopment Housing Program.
Provision to Consultant Town Staff July 30, 1996
of all existing data, i.e.
1990 Census data,
Consolidated Plan,
land inventory and
zoning, etc.
Administrative Draft sub- Consultant October 15, 1996
mitted to Town staff for
review; Draft Housing
Program to Agency
staff for review.
Comments on Adminis- Town Staff' October 31, 1996
trative Draft submitted to
consultant
Preliminary Draft Consultant November 15, 1996
submitted to Town and
HCD
Typically, HCD is required to respond within 45 days after submittal of a draft
document. Depending on the comments received, revisions will be made to the
final draft document to respond to HCD's concerns. The timeline for the comple-
tion of the final document by the consultant will be dependent on the length of
discussions with HCD and the amount of time that it takes for HCD and the Town
to agree on a document that is mutually acceptable to both of them.
It is expected that the consultant will attend two meetings with Town staff and
HCD in order to facilitate this process. Also, the consultant expects to have sev-
eral phone conversations with HCD staff to discuss the draft Element. The con-
sultant will be available for one Planning Commission meeting and one Town
Council /Redevelopment Agency. These meetings could occur either before or after
the draft Element is submitted to HCD, depending on the direction of Town staff.
Another variable that could affect the timeline above is the citizen participation
process. A public review period is required and the timing of that process could
affect the final document date.
Town of Los Gatos: Housing Element and Redevelopment Plan Proposal 5
Freitas + Freitas is an urban planning and engineering consulting firm with
Melanie Shaffer and Mike Freitas as co- owners and principals of the firm.
Founded in 1985, the firm is committed to the philosophy of providing a high
level of professional service with a personal approach to each client. In addi-
tion to Mike Freitas and Melanie Shaffer Freitas, the only other employees in
Freitas + Freitas are support services such as secretarial, drafting and survey-
ing. Melanie and Mike Freitas have deliberately kept their firm small in size in
order to ensure control over the quality and level of service provided by the
firm. Clients are therefore assured that they will receive a high level of profes-
sional services directly from the principals rather than having to deal with
assistant or associate planners and engineers. Therefore, Melanie Shaffer
Freitas is the principal who will be directly responsible for the preparation
of Los Gatos' Housing Element and Redevelopment Housing Program.
Melanie Shaffer Freitas has extensive experience in the preparation of Housing
Elements and in the development of affordable housing programs. Los Gatos
can be assured that Ms. Shaffer Freitas will be the only person who will be
working on the contract and the Town will not have to deal with any other
junior or assistant planners but will work with Ms. Shaffer Freitas exclusively.
There are three specific reasons why Freitas + Freitas, and in particular
Melanie Shaffer Freitas, should be selected for the contract. These are sum-
marized below and then explained in greater detail on the following pages:
1) Melanie Shq&r Freitas has extensive experience in the
preparation of Housing Elements.
2) Melanie Shq}f'er Freitas is very knowledgeable about the
availability of housing programs (Federal, State and
locally managed) and the level of effort that a commu-
nity should be expected to make in regards to housing
production or conservation.
3) Melanie Shq}&r Freitas has prepared several Redevelop-
ment Housing Strategies and is very familiar with
the requirements of State law in regard to q},t'fordable
housing requirements.
Each of these three statements is described in more detail on the following
Pages.
Town of Los Gatos: Housing Element and Redevelopment Plan Proposal 6
1) Melanie Shgffer Freitas has extensive experience in the
preparation of Housing Elements.
Melanie Shaffer Freitas has prepared 14 Housing Elements to date for
communities ranging in size from 1,000 persons (City of San Juan
Bautista) to over 250,000 persons (County of Santa Cruz). This exper-
ience has provided her with the opportunity to work with a wide spec-
trum of community needs and resources. Ms. Shaffer Freitas pre-
pared her first Housing Element in 1978 and since then has observed
the continued development of State Housing Element Law and require-
ments. With this type of historical perspective, she is able to produce
a document that meets the requirements of the State as well as the
needs of the local community.
In addition to preparing Housing Elements, Ms. Shaffer Freitas also worked
on a consulting basis for the Office of Planning and Research (State of Cali-
fornia) from 1981 -1983. Her contract with the State required her to review
and evaluate Housing Elements for compliance with State law. In that
capacity, she reviewed Housing Elements for over 50 communities in Cali-
fornia.
2) Melanie Shaffer F`reitas is very knowledgeable about the
availability of housing programs (Federal, State and
locally managed) and the level of effort that a community
should be expected to make in regards to housing
production or conservation.
Ms. Shaffer Freitas has provided consulting services in the area of housing
and community development since 1979. Her resume includes contracts
with federal, state, local and private organizations. She currently is provid-
ing consulting services for HUD's Office of Affordable Housing in Washing-
ton, D.C. through a contract with ICF, Inc. in Fairfax. Virginia. Her respon
sibilities include providing training and technical assistance to local govern-
mental staff in the area of housing and housing rehabilitation programs.
Recent clients under this contract include the County of Snohomish (Wash-
ington), County of Los Angeles, and the State of Hawaii.
In addition, under this same HUD contract, Ms. Freitas has been respon-
sible for the design and delivery of training courses on housing rehabilita-
tion program management. During the past 10 years, Ms. Freitas has
trained over 5,000 persons throughout the country. This experience has
provided her with a national perspective in regards to the design of housing
programs throughout the country.
Town of Los Gatos: Housing Element and Redevelopment Plan Proposal 7
Ms. Shaffer Freitas has also provided direct consulting services to local communi-
ties and States. For example, in 1994 -95 she was selected by the State of Hawaii
to provide technical assistance to the Counties of Maui, Kauai and Hawaii in de-
veloping affordable housing strategies. She currently (1995 -96) is completing an
evaluation of the City of Stockton's housing rehabilitation program. Further, she
has completed redevelopment housing strategy programs for the Cities of Eureka
and Morgan Hill.
3) Melanie Shq f'fer Freitas has prepared several Redevelop-
ment Housing Strategies and is veryfamiliar with
the requirements of State law in regard to gffordable
housing requirements.
Ms. Shaffer Freitas has prepared Redevelopment Housing Strategies for the Cities
of Morgan Hill, Hollister and Eureka. She also developed the Redevelopment
Implementation /Production Plan (SB 1290 requirement) for the City of Thousand
Oaks. Further, in 1986, she developed one of the first housing rehabilitation
programs in the State of California completely funded with Redevelopment hous-
ing set -aside funds. She can provide an inventory of possible housing strategies
for the Town to consider that will comply with State law and that will also provide
affordable housing opportunities which meet the specific needs of the Town of Los
Gatos.
In addition to the three reasons identified above, it is important to note that Ms.
Shaffer Freitas has enjoyed long term relationships with many of her Housing Ele-
ment clients. Many of Ms. Shaffer Freitas' clients request her services when up-
dates or revisions of Housing Elements that she originally prepared are necessary.
These clients have trust in the care and professional services that Ms. Shaffer
Freitas can provide. For example, Ms. Shaffer Freitas first prepared the Housing
Element for the City of Capitola in 1981 and Capitola asked her to revise it to
bring it up to current State guidelines in 1989 and again in 1991 and 1993. Ms.
Shaffer Freitas first prepared a Housing Element for the City of Thousand Oaks in
1985 and was asked by the City to complete a total revision of that Element again
in 1990 and in 1996. The revision of the City of Gilroy's Housing Element in 1991
was the second one that Ms. Shaffer Freitas prepared, having originally prepared
one in 1986 for the City. This type of continuing request for services reflects the
high level of professional quality and service that Ms. Shaffer Freitas provides for
her current clients and would provide for the Town of Los Gatos.
A copy of Ms. Shaffer Freitas' full resume is included in this proposal.
Town of Los Gatos: Housing Element and Redevelopment Plan Proposal 8
rttf3CC# Cost
1. Preparation of Administrative Draft Housing Element
and Draft Redevelopment Affordable
Housing Program
a) Collect and analyze all data, prepare
updated administrative draft Housing Element,
meet with Town Staff (one or two meetings), meet with
Town Staff and HCD staff (one meeting), and
prepare draft Redevelopment Affordable
Housing Program.
2. Preparation of Preliminary Draft Documents
a) Revise Draft Housing Element and Affordable
Housing Documents per Town Staff' comments.
Include public review comments at this time also
if appropriate. Submit draft documents to HCD
for their review and comment.
$16,000.00
$ 500.00
3. Receipt of HCD Comments/ Revisions to Document $3,940.00
a) Attend meeting with Town staff and HCD to discuss
draft document, conduct phone conversations with
HCD, revise document per HCD comments as directed
by Town staff. A total of 40 hours is allocated for this
stage in the process. If the negotiations with HCD become
protracted and exceed the 40 hour allocation, additional
hours needed and requested by Town staff will be billed
at $98.50 per hour for Ms. Shaffer Freitas.
4. Submittal of Final Document
$ 500.00
a) Revise draft document to incorporate HCD's comments
and prepare fmal updated Housing Element and
Redevelopment Affordable Housing Program.
TOTAL COST $20,940.00
Town of Los Gatos: Housing Element and Redevelopment Plan Proposal
Listed below and on the following page are representative contracts that Ms. Shaf-
fer Freitas has completed in recent years. The date of the most current Housing
Element preparation is listed as well as the approximate time of State certification.
Also listed are names, address and phone numbers of appropriate staff references.
City of Capitol&
Preparation of Housing Element (1981, 1989 and 1991 -93)
Element Certified by State (Most Recent: March, 1993)
Contact: Susan Westman, City Manager
420 Capitola Avenue
Capitola, California
(408) 475 -7300
City of Thousand Oaks
Preparation of Housing Element (1985, 1990 -91, 1996)
Element Certified by State (Most Recent: March, 1991)
Contact: Olav Hassel, Senior Planner
City of Thousand Oaks Planning Department
2100 E. Thousand Oaks Boulevard
Thousand Oaks, California
(805) 449 -2111
City of Campbell
Preparation of Housing Element (199 1)
Element Certified by State: 1991
Contact: Steve Piasecki, Planning Director
City of Campbell
(408) 866 -2140
In addition to Housing Element contracts, Ms. Shaffer Freitas has also provide as-
sistance to communities on housing related issues. Following are some representa-
tive references for that work.
U.S. Department of Sousing and Urban Development
(Housing Program Design and Management Training and
Technical Assistance Contracts)
Contact: Mimi Kolesar, Division Director
Office of Affordable Housing, HUD, Washington, D.C.
(202) 708 -2470
Town of Los Gatos: Housing Element and Redevelopment Plan Proposal 10
State of Hawaii. Housing Finance and Development Corporation
Contact: Ms. Linda Shintani
677 Queen Street, #300
Honolulu, Hawaii 96813
(808) 587 -0578
or
Gary Mackler, HOME Program Specialist
County of Kauai, Hawaii
(808) 241 -6865
City of Morgan Hill
Redevelopment Housing Strategies and Housing Trust Fund Design
Contact: Ms. Laura Gonzalez- Escoto, Redevelopment Manager
17555 Peak Avenue
Morgan Hill, California
(408)776 -7373
i2EEER"
Freitas + Freitas is covered under the following insurance plans:
General Liability: $1,000,000 Limit (Policy #ZIP 63 00138 01)
Agent: Professional Practice Insurance Brokers
(415) 369 -5900
Professional Liability: $1,000,000 Limit (CNA #11- 383- 40 -48)
Agent: Professional Practice Insurance Brokers
(415) 369 -5900
Town of Los Gatos: Housing Element and Redevelopment Plan Proposal 11
Resume of Melanie Sh.Jer Freitas
Resume of
Melanie Shaffer Freitas
311 Laurent Street
Santa Cruz, California 95060
(408) 429 -5018 (voice)
(408) 429 -1264 (FAX)
Summary of Experience
• Melanie Shaffer Freitas is an urban planning consultant with over 19 years
of experience in the field of planning.
• Co -owner with her husband, Michael Freitas, of FREITAS + FRETTAS, a civil
engineering and urban planning consulting firm.
• Ms. Shaffer Freitas is an experienced planning consultant who has developed
a special expertise in the area of housing, especially affordable housing.
• Ms. Shaffer Freitas has provided technical assistance and /or training to
thousands of staff persons from local and state governmental agencies
throughout the country.
• In recent years, Ms. Shaffer Freitas has specialized in providing technical
assistance in the HOME program and developing Housing Elements for
local governments.
Listed below are more specific details regarding the range and depth of consulting
services that Ms. Shaffer Freitas has provided in recent years.
'Welcome HOME for Non Profits"
"Running HOME"
"First Time Homebuyers and HOME"
"Consortia and HOME"
"Rental Housing and HOME"
Ms. Shaffer Freitas also has provided technical assistance directly to Participating
Jurisdictions in the HOME Program. In 1995, Ms. Shaffer Freitas was under contract
12
F .surne of Melanie Shaff, Freitas
with ICF Inc. to provide HOME technical assistance and /or training to the
following:
County of Los Angeles
Snohomish County, Washington
Los Angeles HUD Office
Listed below are a representative list of communities /agencies that Ms. Shaf-
fer Freitas has provided HOME technical assistance to from 1991 -95.
City of Santa Clara, California
City of Palo Alto, California
City of Comptom, California
Snohomish County, Washington
King County, Washington
Pierce County, Washington
State of California, Dept. of Housing and Community
Development
State of Hawaii, Housing Finance and Development
Corporation
HUD Offices: San Francisco, Anchorage, Seattle. Phoenix
2. Training and Technical Assistance: Communitu Development Block
Grant and Rental Rehabilitation Programs
Ms. Shaffer Freitas also provided technical assistance and training from 1979 -90
under contracts with McManis and Associates and CRTC. She delivered training
and provided technical assistance to local governments on the Rental Rehabili-
tation Program as well as the Community Development Block Grant Program.
In addition to the training course deliveries noted above, Ms. Shaffer also provided
on -site technical assistance to communities receiving CDBG and RRP funds.
3. Housing Element Preparation
Melanie Shaffer Freitas continues to provide services to local governments in the
development of housing strategies and programs. These services include the de-
velopment of strategy plans for affordable housing, financing and planning for
housing in Redevelopment areas, housing rehabilitation programs and Housing
Elements. Listed below are a representative list of Ms. Shaffer Freitas' contracts:
A. Current Contracts• (1995 -96)
City of Palo Alto, California
Under contract to develop the City's Housing Element and
Consolidated Plan
City of Thousand Oaks, California
Under contract to update the City's Housing Element
13
.1esume of Melanie Shi .er Freitas
B. Recent Contracts:
Examples of other Housing Elements Developed by Ms. Shaffer Freitas:
County of Santa Cruz, Ca. (1990 -92)
City of Capitola, Ca. (1988 -91)
City of Thousand Oaks, Ca. (1985 and 199 1)
City of Gilroy, Ca. (1988 -90)
City of Hollister, Ca. (1984 -86)
Examples of other Housing Strategy Documents Developed by
Ms. Shaffer Freitas:
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
County of San Benito, Ca. (1985 -87)
a) Housing Strategy Development for County's Affordable
Housing Program
�!nt esslonat E ucattQ
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
1981 -86 Planning Commissioner, City of Santa Cruz
1982 -83 Chairperson, Mayors Task Force on Affordable
Housing
1984 -85 Chairperson, Planning Commission,
City of Santa Cruz
14