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07-0717_SOURCEPOINT_Personal Services Agreement0 0 PERSONAL SERVICES AGREEMENT SOURCEPOINT CONTRACT #5000900 THIS AGREEMENT is made and entered into this 17th day of July, 2007, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and SourcePoint (hereinafter referred to as "Consultant"). RECITALS WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to prepare the City's 2008 Housing Element Update as described in the scope of work, and WHEREAS, Consultant is qualified by virtue of experience, training, education, and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1 Scope of Work The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit "A attached and incorporated herein by reference. Consultant warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2 Term This Agreement shall commence on the effective date of this Agreement and services required hereunder shall be completed by no later than June 30, 2008. Section 3 Compensation 3.1 Amount Total compensation for the scope of services for this Project shall not exceed Forty -Six Thousand Nine Hundred Eighty Dollars ($46,980.00). 3.2 Rate Schedule The services shall be billed to the City at the rates identified in the fee schedule (Exhibit A) Included within the compensation are all of the Consultant's ordinary office and overhead expenses incurred by it, its agents and employees, including meetings with the City representatives and incidental costs to perform the stipulated services. Submittals shall be in accordance with Consultant's proposal. 1 0 0 3.3 Method of Payment Consultant shall submit monthly invoices based on total services which have been satisfactorily completed and specifying a percentage of projected completion for approval by the City. The City will pay monthly progress payments based on approved invoices in accordance with this Section within 30 days of invoicing by Consultant. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. 3.4 Records of Expenses Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4 Independent Contractor It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees Section 5 Limitations upon Subcontracting and Assignment The experience, knowledge, capability, and reputation of Consultant, its principals, and employees were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. Section 6 Changes to Scope of Work In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7 Familiarity with Work and Construction Site By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed and (2) it understands the facilities, difficulties, and restrictions of the work under this Agreement Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work E 0 0 or as represented by City, it shall immediately inform City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8 Time of Essence Time is of the essence in the performance of this Agreement. Section 9 Compliance with Law Consultant shall comply with all applicable laws, ordinances, codes, and regulations of federal, state, and local government. Section 10 Conflicts of Interest Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11 Copies of Work Product At the completion of the contract period, Consultant shall have delivered to City at least one (1) copy of any final reports and architectural drawings containing Consultant's findings, conclusions, and recommendations with any support documentation. All reports submitted to the City shall be in reproducible format. All services to be rendered hereunder shall be subject to the direction and approval of the City. Section 12 Ownership of Documents 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 to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City to the extent permitted under the California Public Records Act. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. Section 13 Indemnity Consultant agrees to protect, defend, and hold harmless City, its elected and appointed officials and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person or damage to property or interference with use of property and for errors and omissions committed by Consultant arising out of or in connection with the work, operation, or activities of Consultant, its agents, employees, and subcontractors in carrying out its obligations under this Agreement. 3 0 0 Section 14 Insurance Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 14.1 Comprehensive General Liability Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period, $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage—including owned, hired, and non -owned vehicles—in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period 14.3 Worker's Compensation If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement to the Consultant's general liability and umbrella liability policies to the City Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. 14.5 Notice of Cancellation/Termination of Insurance The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 0 9 0 14.6 Terms of Compensation Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.7 Notice to Proceed Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15 Termination City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to the other party In addition, this Agreement may be terminated for cause by providing ten (10) days' notice to the SourcePoint of a material breach of contract. If SourcePoint does not cure the breach of contract, then the agreement may be terminated subsequent to the ten-day cure period. Section 16 Notice All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Steven A. Apple, Planning Director To Consultant: SourcePoint 401 B Street, Suite 800 San Diego, CA 92101-4231 Attn: Karen Lamphere 5 Section 17 Attorneys' Fees If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 18 Dispute Resolution In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19 Entire Agreement This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. SOURCEPOINT (6,A/ 0 &, KAREN LAMPHERE SourcePoint Director APPROVED AS TO FORM: b E WILEY SANDAG General Counsel APPROVED AS TO FORM: JOHN R. SHAW City Attorney 0 EXHIBIT A SCOPE OF WORK, SCHEDULE, AND COST The overall work product will consist of an adopted Housing Element that will meet the State Housing Element laws and that will be integrated and consistent with the City's General Plan and related plans, policies, and programs. The team will prepare an update to the Housing Element for the City. A major goal of the work program is to ensure a Housing Element that is in full compliance with State law. The current Housing Element was found to be in compliance by HCD, and therefore will form a strong foundation for the update. However, due to a number of recent revisions to the State law governing Housing Element requirements and more current data, RHNA, and updated information bases and sources, the current Housing Element will require substantial revisions. SourcePoint's proposal is based on pursuing an approach that would result in submittal to, and a finding of compliance by, HCD. As stated earlier, the work program would begin with the identification of key issues and opportunities that likely will need to be addressed as part of the update. We would identify and analyze the supply and demand factors that affect the City's ability to meet its housing needs and conditions. A review of the effectiveness of the program array contained in the existing Housing Element would be conducted using the aforementioned three -tiered analytical approach. An analysis of constraints, both governmental and non-governmental, will be included. The revisions also will include a resource analysis, including a site inventory that will tie to the revised Quantified Objectives. The revisions also will revisit the City's goals and policies to determine where appropriate revisions may be necessary. It also will revisit the City's housing programs and suggest a five-year set of programs. Finally, we will revise the Quantified Objectives based upon this work and the new RHNA numbers. The proposal includes the public participation component (workshops with the Housing Advisory Committee, the Planning Commission, and City Council), as identified in the RFQ/RFP, to assist in the preparation and review of the Housing Element. We suggest that the public hearings before the Planning Commission and City Council occur after the Housing Advisory Committee workshops with the purpose of gaining: (1) the Planning Commission's recommendation, and (2) City Council's authorization to submit the Housing Element to HCD for purposes of initiating their formal review process. We then recommend a second set of public hearings recommending approval of the Housing Element after the City has responded to HCD's review comments and reached agreement on the changes necessary to gain a determination of compliance. The following specific actions for the Housing Element are included in this proposal. 7 0 0 Housing Element Work Plan Task 7 — Update of City's General Profile and Background An update of the City's general profile and background is essential for placing the Housing Element in the best perspective, documenting City's past efforts in meeting Housing Element guidelines and requirements, as well as to introduce those special and unique features of the City. This work is not only designed to project that character but also place it into the Housing Element context. (Rohanna) Task 2 — Discussion Section of Key Issues and Opportunities SourcePoint will prepare a discussion section of key issues and opportunities faced by the City for this Housing Element cycle. This step is not part of the State requirements but we think that it is essential in order to clearly articulate the overall strategy and approach of the Housing Element, again reflecting the special issues and opportunities in the City. Based upon the results of Task 1, issues of concern will be identified and opportunities for improvement addressed. (McLaughlin) Task 3 — Evaluate Effectiveness of Current Programs Evaluate the success of housing programs in the City using a quantifiable and replicable methodology, which can be employed during current and future cycles for Housing Elements and which can be used to prepare an annual report on the progress toward meeting regional housing needs as required by State law. The approach will go through a three tiered analysis that describes the program, determine its effectiveness, and recommends continuation, revisions, and/or deletion. Once this step is completed, SourcePoint also will identify if any new/additional programs would warrant consideration for inclusion in the revised Housing Element. This evaluation process will take full inventory of all progress made on housing issues in the City, even if the progress was achieved through programs developed independently from previous or current Housing Elements. (McLaughlin) Task 4 — Needs and Conditions Assessment By conducting a thorough needs analysis that will update the existing database and provide a more detailed analysis, the City will have the information necessary to develop a Housing Element, as well as the data on which to base projections for future housing needs of special groups within the City. The consultants will incorporate appropriate input received from the workshops throughout the document but especially in the Needs and Conditions section in order to supplement State mandated items with information data unique and special to the City. The approach to the Needs and Conditions Assessment will be to separate supply and demand issues into categories, ensuring that total needs (demand) can be compared against the housing market available (supply). The following steps in the development of the Needs and Conditions Assessment would be done in compliance with State law. 9 E 1. Demand Assessment (demographic characteristics) • The purpose of assessing the demand for housing is to analyze population characteristics including (but not limited to): composition by race, age, employment, income, and other special characteristics. Sources anticipated to be utilized: Orange County Projections, SCAG RHNA/projections, California Department of Finance figures; 2000 Census figures, and other appropriate more current estimates (e.g., BIA, Board of Realtors, local housing advocacy information, and information from the workshops. (Rohanna) 2. The Demand Assessment will produce the following products: a. The number of existing households in the City including very low, low, moderate, and other income households. Income levels are defined by the State Department of Housing and Community Development as 50 percent (very low) and 80 percent (low) of the median in come in a particular municipality or region. Households with incomes 120 percent of the median will be noted as moderate. (Rohanna) b. The housing requirements of special needs groups (handicapped, elderly, large families, farm workers, homeless, female head of household, etc.) by comparing the number of special needs individuals by category with available housing supply to accommodate them. (Rohanna) 3. Supply Assessment (housing stock characteristics) The purpose of assessing the supply of housing is to analyze housing characteristics of both existing and projected housing, including: type, tenure, vacancy, housing costs, income. Sources anticipated to be utilized: Orange County projections/SCAG forecasts; Department of Finance figures, Regional Housing Needs Assessment (including the most recently adopted regional share goals for the City), other relevant more current data sources, and 2000 Census figures. The tables and discussion from this section will produce the following: a. The number of existing housing units (both owner and renter occupied) needing rehabilitation or replacement. (McLaughlin) b. The range of housing costs for both rental and for sale units in the City using current databases that survey the Orange County housing market. Historical and projected vacancy rates for rental and owner units will be provided. (Rohanna) 4. Supply/Demand Indicators Analysis The purpose of analyzing housing supply and housing demand indicators is to determine the status of the housing market as required by State law. Overcrowding is an important parameter indicating whether or not the demand for the provision of housing exceeds supply. The number of households within the City living in overcrowded conditions (more than one person per room) will be estimated using updates in the 2000 Census. The results from this analysis will provide a basis for determining the number of housing units that need to be constructed in the future in order to alleviate this problem. (Rohanna) 9 0 0 Residents' ability to afford a home is another parameter indicating that demand for housing exceeds supply. Affordability is a problem with lower-income households spending more than 30 percent of their incomes on housing. SourcePoint intends to use median values for housing and household income to estimate the affordability problem. Median monthly rent and median monthly payments (principal and interest plus taxes) will be compared to median income in order to determine the number of households occupying units which cost more than 30 percent of gross household income. The 2000 Census provides a distribution of affordability in Orange County by jurisdiction, and this distribution will be adjusted based on current available County data. The tables produced in this section will be used as base information from which to forecast future housing production needs outlined for lower-income households. (Rohanna) Task 5 — Update of Resource Inventory The purpose of updating the resource inventory is to evaluate the present housing situation in the City using new information from the City's land use inputs based upon staff input and data sources, especially land available for residential development. The update will take into account recent, current, and proposed development activities. This section will provide updates related to the City's financial resources, including redevelopment assistance, Community Development Block Grants (CDBG), general fund, and smart growth incentives. (McLaughlin) Task 6 — Non -Governmental and Governmental Factors Affecting Housing The assessment of non-governmental and governmental factors affecting the maintenance, improvement and development of housing for all income levels will include a review and update of the current Housing Element including provisions for financing costs, price of land, cost of construction and development fees, procedures, and processing. The product from this assessment will contain: 1. The cost and availability of mortgage financing for rehabilitation and new construction, utilizing information from the Community Reinvestment Agencies, and information and reports from local mortgage institutions. (Rohanna) 2. The price of land in the City from a sampling of the tax assessors rolls within the City or other more readily available sources. (Rohanna) 3. The cost of construction, both for new units by size and type, as well as rehabilitation of older units, on a cost per square foot basis. (Rohanna) 4. The cost, fees, and requirements of the City in processing permits and how other jurisdiction's requirements (constraints) may affect the City. (Rohanna) 5. Analysis of opportunities for energy conservation in respect to residential development. (McLaughlin) 10 0 0 6. Inventory of land appropriate for residential development including vacant sites and those sites having potential for redevelopment and homeless facilities, and an analysis of the relationship of zoning and public facilities and services to these sites. (McLaughlin) 7. Analysis of existing assisted housing developments that are eligible to change from low-income housing uses during the next ten years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use. (McLaughlin) Task 7 — Update Existing Goals and Policies Produce a statement of the City's goals and policies relative to the maintenance, preservation, improvement, and development of housing. Review goals and policies from existing Housing Element, existing specific and redevelopment plans, and other City actions regarding housing. 1. Identify adequate sites that will be made available through the combined effort of proper zoning, development standards, and public services/facilities needed to facilitate and encourage the development of a variety of housing types for all income levels. This analysis also will include densities and acreages by site to determine yields for the income ranges specified by the regional share numbers. The information will be critical to the preparation of the program development phase. (McLaughlin) 2. Identify, and where appropriate and legally possible, recommend removal of governmental constraints that prohibit meeting the housing needs of the City. (McLaughlin) 3. Identify methods that will improve and conserve the condition of the existing affordable housing stock. (McLaughlin) Task 8 — Program Development Update, catalog, and recommend a strong and dynamic array of housing programs based upon revised goals and policies, and building upon the existing set of programs. 1. Establishment of five-year work programs that specify the programs/policies that will be implemented to achieve the goals/objectives of the element. Identification of public or private agents most responsible for carrying out housing recommendations will be made. Quantifiable Objectives will be established to ensure that the specific housing needs of all population segments identified in the Needs Assessment (Task 4) are satisfied to the maximum extent possible. (McLaughlin) 2. Identify incentives, land use and development policies, and other actions that the City can take within the implementation program to encourage the development of a variety of housing types for all income levels. In addition, resources provided by non-governmental agencies, including non-profit organizations, will be identified. (McLaughlin) 3. Identify state, federal, local (including redevelopment) and non-governmental financing and subsidy programs to be pursued when appropriate and available. (Rohanna) 11 0 0 Task 9 - Update quantified Objectives by Income Category Conduct a comparison of the number of actual units provided for each income category, especially low and moderate -income households, to the assigned regional share figures. Identify methods by which the City can offer assistance in the development of housing to meet the needs of low and moderate -income households. (McLaughlin) Task 10 - Conduct a Public Involvement Process 1. Work with City staff to conduct three workshops with the Housing advisory Committee: (McLa ughlinlRohanna) a. Workshop 1: Introduction and Preliminary Needs Discussion (Tasks 1, 2, 4, 5, and 6) b. Workshop 2: Program Assessment and Revised Goals and Programs Discussions (Tasks 3, 7, and 8) c. Workshop 3: Final Drafts Review and Comments 2. Work with City staff to organize four Public Hearings: two hearings to be held at the Planning Commission, the first of which designed to gain a recommendation to City Council to authorize submittal of the Draft Housing Element to HCD for their determination of compliance, and the second to gain a recommendation of approval to City Council of the Final Housing Element after the City has revised the Housing Element in response to HCD's review and after the City has reached agreement on the changes necessary to gain a determination of compliance; and two hearings to be held at the City Council the first of which would be designed to gain a recommendation from City Council to authorize submittal of the Draft Housing Element to HCD for their determination of compliance, and the second of which would be designed to gain approval of the Final Housing Element after the City has revised the Draft Housing Element in response to HCD's review and after the City has reached agreement on the changes necessary to gain a determination of compliance. The first of the Planning Commission and City Council hearings also could be conducted in workshop format if the City staff determines that approach is warranted. (McLaughlin) 3. Work with the City to provide recommendations regarding the City's preparation of the environmental documents associated with the update to the Housing Element. (McLaughlin) Task 11 -Progress Reports and Meetings Prepare the Housing Element portion of the milestone progress reports and confer with City staff to keep advised on a timely basis regarding any issues, budget status, and product delivery schedules for the Housing Element. (McLaughlinlRohanna) 12 0 0 Task 12 — Document Preparation The Draft Housing Element will be a document that responds to the requirements of Housing Element law and reflect the input received from the public participation process. After submitting the Draft Housing Element to HCD, SourcePoint will work with City staff to communicate with HCD regarding the Draft and revise the Draft accordingly (see Task 12). SourcePoint will provide the City with 25 copies, one reproducible original, and one digital file of the Draft Housing Element and 30 copies, one reproducible original, and one digital file of the Final Housing Element (as approved), and any other appropriate and related materials. (LampherelMcLaughlinlRohanna) Task 13 — Revisions SourcePoint will work closely with City staff and HCD staff and assist in responding to HCD's comments and making the necessary revisions to the Draft Housing Element. After the City has responded to HCD's review comments and reached agreement on the changes necessary to gain a determination of compliance, SourcePoint will assist the City with making the necessary revisions to the Draft Housing Element and preparing a Final Housing Element for Planning Commission and City Council approval. Costs The costs for the Housing Element proposal are $46,980 and include monthly progress reports for the Housing Element, preparation of the required documents, attendance at all identified public hearings and workshops, follow-up responses (if necessary) to HCD review and comment, and coordination with City staff. See more detailed costs by task and staff under Project Tasks and Schedule. 13 0 PROJECT SCHEDULE AND COSTS 0 An initial meeting will be held with City staff to discuss the work program, schedule of products, workshops and public hearings. Following each phase of the work program, SourcePoint will provide the City with a draft for review and comment. SourcePoint will provide monthly progress reports and have regular verbal communication with City staff, and will meet with the City staff at key points in the preparation of the Housing Element. In addition, based on consultation with City staff, workshops, public hearings with the Planning Commission and City Council will be scheduled to ensure that the Housing Element addresses the specific issues and concerns of the City and its residents. After completion of the first draft of the Housing Element, City staff will be asked to review the document and meet with SourcePoint to discuss their comments. Additional comments from the public and housing advocates will also be sought. A final draft of the Housing Element will be prepared based on the comments of the City, the public, and other interested parties. This final draft will be forwarded by the City to the State Department of Housing and Community Development (HCD) for a finding of compliance. Following consideration of HCD's comments, which SourcePoint will address in collaboration with City staff, the City Council can adopt the 2008 Housing Element. The schedule outlined below will meet the City's need to achieve HCD compliance of its Housing Element by June 30, 2008. Schedule From Start Date* Initial Meeting / Finalize Work Program Month 0 Draft Outline/ Workshop 1 Month 1 Draft Tasks 1, 2 & 4 Month 2 Workshop 2 Month 3 Draft Tasks 3, 5 & 6 Month 4 Draft Tasks 7, 8, 9 Month 4 Draft Full Report / Workshop 3 Month 5 Prepare Draft Housing Element Month 6 Public Hearings: Planning Commission and City Council (Authorization to Month 6 submit to HCD) HCD Review/ Liaison HCD Month 6-8 Draft revisions with HCD Comments (as necessary) Month 9-10 Public Hearings 2 /Planning Commission and City Council (approve final) Month 11 Deadline for Housing Element Adoption June 30, 2008* *Assumes start date in mid-July, 2007. 14 10 Task Costs Task 1 Update City Profile and Background Task 2 Key Issues and Opportunities Task 3 Effectiveness of Current Programs Task 4 Needs and Conditions Assessment Task 5 Resource Inventory Task 6 Factors Affecting Housing Task 7 Existing Goals and Policies Task 8 Program Development Task 9 Quantified Objectives Task 10 Public Involvement Process Task 11 Progress Reports, Meetings Task 12 Report Preparation Task 13 Revisions Total Allocation of Work Hours (Dollar Value) $1,360 $6,440 $1,160 $4,560 $2,740 $3,200 $3,960 $3,760 $1,440 $6,360 $4,400 $3,740 $3,860 $46,980 The following billing rates were used to determine the cost of this study. The end product will be an updated Housing Element certified by HCD, for which the City of San Juan Capistrano will be billed a not - to -exceed amount of $46,980. The rates below will only be applicable for additional Housing Element - related tasks performed outside of this scope of work if requested by the City of San Juan Capistrano. SourcePoint Director (Lamphere) $ 900 (6 hours @ $150 per hour) Project Manager (McLaughlin) $ 24,480 (204 hours @ $120 per hour) Research Analyst (Rohanna) $ 20,400 (240 hours @ $85 per hour) Clerical $ 1,200 (20 hours @ $60 per hour) Total Not to Exceed $ 46,980 15 • 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493.1053 FAX www.sanjuancopistrano.org August 23, 2007 Karen Lamphere SourcePoint 401 B Street, Suite 800 San Diego, CA 92101-4231 Dear Ms. Karen Lamphere: VAO IAAAI A IA[AU tslAmvin co 1776 MEMBERS OF THE CITU COUNCIL SAM ALLEVATO THOMAS W. HRIBAR MARK NIELSEN JOE SOTO DR. LONDRES USO Enclosed is an agreement to prepare the City's 2008 Housing Element Update which was approved by the City Council at the July 17, 2007 meeting. We have received insurance with the exception of the Endorsement Form that names the City of San Juan Capistrano as an additional insured. Please be advised that payments will we withheld until our office receives this endorsement. Insurance evidence may be faxed to (949) 493-1053 — ATTENTION CITY CLERK -- followed by original signed documents. If you have questions specific to the agreement, please contact Lynnette Lehmann, Management Analyst II (949) 443-6324. Please call me at (949) 443-6309 if you have questions regardinq the forms of insurance needed. M � orris D pAGty City Clerk " cc: Lynnette Lehmann, Management Analyst II Enclosure San Juan Capistrano: Preserving the Past to Enhance the Future 0 Printed on 100% recycled paper 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www.sanjuancapistrano.org August 3, 2007 Karen Lamphere SourcePoint 401 B Street, Suite 800 San Diego, CA 92101-4231 Dear Ms. Karen Lamphere: 0 MEMBERS OF THE CITU COUNCIL SAM ALLEVATO THOMAS W. HRIBAR MARK NIELSEN JOE SOTO DR. LONDRES USO An agreement to prepare the City's 2008 Housing Element Update as described in the scope of work was approved by the City Council at the July 17, 2007 meeting. It is in the process of being executed. It will be issued upon receipt of required documentation related to contract terms under Section 14 Insurance. Insurance evidence may be faxed to (949) 493-1053 — ATTENTION CITY CLERK -- followed by original signed documents. I have enclosed a copy of the agreement terms for your reference in supplying this documentation. If you have questions specific to the agreement, please contact Lynnette Lehmann, Management Analyst II (949) 443-6324. Please call me at (949) 443-6309 if you have questionp regarding the forms of insurance needed. erk cc: Lynnette, Lehmann, Management Analyst II Enclosure San Juan Capistrano: Preserving the Past to Enhance the Future 4 Printetl on 100% .,.I.tl paper To: Maria and Lynnette The timing of exactly when the work starts in relation to receipt of the form ultimately can be handled on administrative basis. An administrative judgment call needs to be made. If for example most of the work is to be done within 3 weeks, and then the form never comes you have a problem. If this is a project where only a few things will happen in the next 3 weeks, then you have a different situation. In the end, the agreement is what it is and they signed it. Also, I find it somewhat bogus for them to say it takes a month to get the endorsement form—past experience as a practical matter establishes that carriers can move more quickly than that. 0 o z JJJ t:.: N -J< U v ` V N r2 4 Q Q en STY OF SAN JUAN CAPISTRANO• INTER -DEPARTMENT MEMORANDUM TO: John R. Shaw FROM: DEPT: City Attorney DEPT: SUBJECT: Document Review DATE: PHONE EXT. (2�--1 NOTE: IF THIS IS A "RUSH" ITEM PLEASE COMPLETE IN RED INK ATTACHED ARE THE FOLLOWING lease describe document, i.e., agreement, contract, consultant agreement): SSU f e ��j%7%�C� S G✓ t ���.YGP DLJ Elf �7-rA� {� SewtC�uT-T-vK--c 1"'te rru&`� 2. N (I) For your approval and signature �2l _] (2) For your review and comments (3) For your information (4) As requested (5) PLEASE: (A) Keep for your files (B) When completed return to: [ ] (C) Date/time needed: Ext. CITY ATTORNEY'S COMMENTS: RECAP: City of San * Capistrano Page: 6 July 17, 2007 Pa 9 2. Approval of City Council Minutes — Regular Meeting of June 19, 2007: Minutes of the Regular Meeting of June 19, 2007 approved. 3. Consideration of Accounts Payable Warrants dated July 5, 2007; and Payroll Warrants dated June 29, 2007 (300.30): Accounts payable warrants dated July 5, 2007, in the total amount of $1,241,850.31; and payroll warrants dated June 29, 2007, in the total amount of $268,455.82, received and filed. 4. Consideration of Report of Investments — Month Ending May 31, 2007 (330.50): Report of investments, month ending May 31, 2007, received and filed. 5. Consideration of the Open Space General Obligation Refunding Bond Property Tax Rate for Fiscal Year 2007/2008 (390.80): Resolution No. 07-07-17-01 adopted setting the tax rate of $0.02805 per $100 of assessed valuation; and the City Clerk directed to forward a certified copy of the resolution to the Orange County Assessor and Auditor Controller offices for inclusion on the 2007-2008 tax rolls: Nielsen/Soto, 5-0 6. Consideration of Approving Installation of a "No Stopping Anytime" Zone on the East Side of EI Camino Real, East from Acjachema Street South 460 Feet (570.30): Resolution No. 07-07-17-02 adopted approving the installation of "No Stopping Anytime" on the east side of E/ Camino Real for Acjachema Street then south 460 feet. 7. Consideration of Agreement for Provisions of Animal Care Services for Fiscal Year 2007-2008 (County of Orange) (600.50): Agreement with Orange County Animal Care Services for Fiscal year 2007-2008, in an amount not to exceed $86,000, and the Mayor authorized to execute the agreement: Nielsen/Hribar, 5-0 Dave Adams, City Manager, suggested there is an opportunity to make adjustments to the agreement funding during the mid -year budget review process. 8. Consideration of Consultant Selection for the 2008 Housing Element Update (Source Point) City Council Priority 6A (600.30): Personal services agreement with Source Point for consultant services to prepare the 2008 Housing Element Update, in an amount not to exceed $46,980, including revision to Section 15. Termination clause of the agreement revised to read "City and CGnsultan shall have the right to terminate...," and Exhibit A to the agreement, (page 30 of the Source Point proposal — Project Schedule and Costs — following Allocation of Work Hours (Dollar Value) — add "Unless City requires additional work or meetings that were not part of the scope of this program, Source Point will put in the effort required to g RECAP: City of San J• Capistrano • July 17, 2007 Page: 7 achieve final approval by the State of California Department of Housing and Community Development (HCD) at no additional cost to City above the budget specified above" approved: Nielsen/Uso, 5-0. 9. Consideration of a Personal Services Agreement for Second -Year Habitat Restoration Maintenance Services for the 760 S Reservoir Project (Nature's Image, Inc.) (CIP No. 791) (600.30): Personal services agreement, in the amount of $126,600, with Nature's Image, Inc. for second -year habitat restoration maintenance services for the 760-S reservoir project, with Section 14. Termination revised to read, "City and Gensuitant shall have the right to terminate .....,"approved: Nielsen/Hribar, 5-0 10. Consideration of Plans and Specifications for the Avenida Placida Landslide Repair Environmental Restoration (Avenida Placida) (FEMA DR -1585) (600.30): Plans and specifications for the Avenida Placida Landslide Repair Environmental Restoration project approved; Staff directed to pursue FEMA reimbursement for project environmental restoration; and the City Clerk authorized to advertise the project for competitive bids: Nielsen/Hribar, 5-0 11. Consideration of Request for Fee Waiver and Overnight Camping for the Use of the San Juan Capistrano Sports Park Fields #1 and #2 on July 28-29, 2007 (American Cancer Society Relay for Life) (390.30): Request by the American Cancer Society for overnight camping on July 28-29, 2007 at the San Juan Capistrano Sports Park for the Relay for Life event, subject to conditions, approved; a 100% fee waver in the amount of $1,200 approved; and the City Manager authorized to administratively approve future Relay for Life fee waivers for use of City facilities and overnight camping. 12. Consideration of Agreement for Consultant Services for Gang Prevention Services (Pepperdine University) (600.30): Two-year agreement, from July 1 2007 to June 30, 2009, with Pepperdine University to provide consultant services for gang prevention services, in an amount not to exceed $119,080, approved. 13. Consideration of Resolution Confirming the City Council's Action Regarding the Appeal of Planning Commission Denial of Architectural Control (AC) 02-07 Modification No. 2, JSerra High School South Campus Sign Program and Scoreboards (Randall Boone Signage, Lighting and Crane Service/Pueblo Serra Worship Holdings) (410.60): Resolution No. 07-07-17-03 adopted, overturning the Planning Commission denial and approving the applicant's request for a sign program and scoreboards, as revised: Soto/Hribar, 3-2 (No: Nielsen, Uso) Bob King, 29422 Spotted Bull Way, encouraged the Council to place this decision before the voters. • AGENDA REPORT TO: David F. Adams, City Manager e. FROM: Steven A. Apple, Planning Director • 07117/2007 SUBJECT: Consideration of Consultant Selection for the 2008 Housing Element Update (Source Point) City Council Priority 6A RECOMMENDATION: By motion, approve a personal services agreement with Source Point for consultant services to prepare the 2008 Housing Element Update in an amount not to exceed $46,980. SITUATION: The City is required by the State of California Department of Housing and Community Development (HCD) to update its General Plan Housing Element by June 30, 2008. The City wishes to utilize the services of a consultant who specializes in updating Housing Elements to perform this work. On April 26, 2007, the City distributed Request for Proposals (RFP) for a consultant to prepare the 2008 Housing Element update. The submittal deadline was May 31, 2007, The City received two responses from Source Point (Attachment 1, Exhibit A) and Conexus (Attachment 2). STAFF ANALYSIS Staff has analyzed the bid proposals in accordance with City Council Policy 112 (Attachment 3) and finds that both Source Point and Conexus have the expertise required to prepare the 2008 Housing Element. The chart below summarizes the two bids: DESCRIPTION SOURCE POINT CONE) Level of Experience Very Qualified Very Qualified Proposed Hours (non- 450 297 clerical) Proposed Clerical Hours 20 10 Billing Rates 1.3% at $150/hour 70% at $125/ho 43.4% at $120/hour 26% at $110/ho 51.1 % at $85/hour $4% at %65/hoi 4.2% at $60/hour _ $46,980 $42,543 TOTAL BID: 'us— Li r US ur u it Agenda Report • • Page 2 July 17, 2007 Although the bid for Source Point is slightly higher than Conexus, staff has determined that Source Point is the preferred choice for the following reasons: • Conexus failed to provide the following in their submittal package as requested by the City in the RFP: (1) a copy of a recent Housing Element prepared by the firm and the HCD acceptance letter; and (2) an organizational chart identifying the project manager and personnel for the key tasks. • Source Point will have three persons directly working on the project and will provide 470 hours of time to the project as opposed to only 307 hours proposed by Conexus. The number of hours to be devoted to this project is critical to completing the process by June, 2008 and within budget. The consultant will be required to prepare a comprehensive study analyzing potential sites for affordable housing throughout the City. This study, along with the other work tasks described in the RFP, is expected to be very time consuming. Based upon the above, staff recommends that the City Council select Source Point to prepare the 2008 Housing Element update, and authorize the Mayor to execute a personal services agreement (Attachment 1) in a not -to -exceed amount of $46,980. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: The Housing Advisory Committee considered the bid proposals at their meeting on June 27, 2007, and forwarded a recommendation to the City Council recommending selection of Source Point for preparation of the 2008 Housing Element update. FINANCIAL CONSIDERATIONS: The City included a total of $50,000 in the Fiscal Year 2007-2008 budget for preparation of the Housing Element update. Executing an agreement with Source Point for $46,980 is within the budgeted amount anticipated for this work. NOTIFICATION: Source Point' 'Agenda Report included Agenda Report • • Page 3 July 17, 2007 RECOMMENDATION: By motion, approve a personal services agreement with Source Point for consultant services to prepare the 2008 Housing Element Update in an amount not to exceed $46,980. Respectfully submitted, Steven A. Ap Planning Director Prepared by: etteLeh±l Management Analyst II Attachment(s): 1. Personal Services Agreement with Source Point 2. Conexus Proposal 3. City Council Policy #112 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 17th day of July, 2007, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Source Point (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to prepare the City's 2008 Housing Element Update as described in the scope of work; and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit "A", attached and incorporated herein by reference. Consultant warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Term. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall be completed by no later than June 30, 2008. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this Project shall not exceed Forty -Six Thousand Nine Hundred Eighty Dollars ($46,980.00). 3.2 Rate Schedule. The services shall be billed to the City at the rates identified in the fee schedule (Exhibit A). Included within the compensation are all the Consultant's ordinary office and overhead expenses incurred by it, its agents and employees, including meetings with the City representatives and incidental costs to perform the stipulated services. Submittals shall be in accordance with Consultant's proposal. ATTACHMENT 0 • 3.3 Method of Payment. Consultant shall submit monthly invoices based on total services which have been satisfactorily completed and specifying a percentage of projected completion for approval by the City. The City will pay monthly progress payments based on approved invoices in accordance with this Section. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. 3.4 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. Section 6. Changes to Scope of Work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. 2 n u r� u Section 7. Familiarity with Work and Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; and (2) it understands the facilities, difficulties and restrictions of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Copies of Work Product. At the completion of the contract period, Consultant shall have delivered to City at least one (1) copy of any final reports and architectural drawings containing Consultant's findings, conclusions, and recommendations with any support documentation. All reports submitted to the City shall be in reproducible format. All services to be rendered hereunder shall be subject to the direction and approval of the City. Section 12. Ownership of Documents. 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 to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the 0 0 City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. Section 13. Indemnity. Consultant agrees to protect, defend and hold harmless City, its elected and appointed officials and employees from any and all claims, liabilities, expenses or damages of any nature, including attorneys' fees, for injury or death of any person or damage to property or interference with use of property and for errors and omissions committed by Consultant arising out of or in connection with the work, operation or activities of Consultant, its agents, employees and subcontractors in carrying out its obligations underthis Agreement. Section 14. Insurance. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 14.1 Comprehensive General Liability Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; 0 $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period 14.3 Worker's Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement to the Consultant's general liability and umbrella liability policies to the City Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. 14.5 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.6 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.7 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. 0 0 Section 15. Termination. City and Consultant shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to the other party In addition, this Agreement may be terminated for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Steven A. Apple, Planning Director To Consultant: Source Point 401 B Street, Suite 800 San Diego, CA 92101-4231 Attn: Karen Lamphere Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). 0 0 Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO 0 Sam Allevato, Mayor SOURCE POINT In ATTEST: Margaret R. Monahan, City Clerk APPROVED AS TO FORM: John R. Shaw, City Attorney 7 Karen Lamphere, Source Point Director A ourcePoint May 30, 2007 7200000 Ms. Lynnette Lehmann City of San Juan Capistrano Planning Department 32400 Paseo Adelanto San Juan Capistrano, CA 92628 Dear Ms. Lehmann: SourcePoint is pleased to submit this proposal to prepare the 2008 Update of the City of San Juan Capistrano's Housing Element. As our proposal illustrates, we bring a wide range of resources and expertise to this study. SourcePoint and the team assembled for this project, led by Mr. Michael McLaughlin, has prepared over three dozen Housing Elements in cities in Ventura, Orange, and San Diego counties. All Elements were determined to be in compliance with State Housing Element law by the State Department of Housing and Community Development (HCD). Members of the project team also have prepared a methodology for assessing housing conditions and housing needs which was approved by the U.S. Department of Housing and Urban Development for utilization in the Comprehensive Housing Affordability Strategy process. The consultants have been integrally involved with regional housing needs assessments and regional share processes and have worked very closely with key HCD staff over a number of years on a variety of Housing Element related issues. Members of the consultant team also sponsored and helped write AB 1715, the pilot program for Housing Element self -certification in the San Diego region. Through this experience, SourcePoint is confident that we can prepare a Housing Element that will fully satisfy the requirements of the State of California. In addition to the experience that directly relates to the preparation of Housing Elements, SourcePoint has prepared housing market studies for the Department of Defense evaluating the provision of low-income housing for the military in North and South San Diego County. SourcePoint has prepared a report for the San Diego County Department of Housing and Community Development for the purpose of assisting staff in the development and implementation of programs to provide housing opportunities for very low to moderate income households. SourcePoint anticipates that the information and methodologies produced from its previous studies and work programs will strengthen the overall effort to develop a Housing Element for the City. SourcePoint studies often demand the participation of public advocacy groups, community organizations, and business associations in the development of a specific project. The Consultant's proven ability to develop consensus on wide-ranging land use, housing, and economic projects will reinforce the credibility and comprehensive nature of the Housing Element. We have worked with a variety of public participation techniques, a number of which were very similar to the City's request. 401 B Street, Suite 800 • San Diego, California 92101-4231 (619)699-6900 • Fax(619)699-1905 • www.sourcepoint.o EXHIBIT A SourcePointis a nonprofitmrporation chartered by SANDAG 0 9 Please direct all correspondence to me at SourcePoint, 401 B Street, San Diego, CA 92101; phone (619) 699-6955, e-mail kla@sandag.org. I look forward to the possibility of working with City of San Juan Capistrano staff on this important study. Please contact me if you have any questions. Sincerely, KAREN LAMPHERE SourcePoint Director KUcd Enclosures 7 L 0 2008 Housing Element Update for the City of San Juan Capistrano May 30, 2007 Source,Point 401 B Street • Suite 800 • San Diego, California 92101-4231 (619) 699-6900 • Fax (619) 699-1905 • www.sourcepoint.org Member Agencies Cities of Carlsbad, Chula Vista, Coronado, Del Mar, EI Cajon, Encinitas, Escondido, Imperial Beach, La Mesa, Encinitas, National City, Oceanside, Poway, San Diego, San Marcos, and the County of San Diego Advisory/Liaison Members California Department of Transportation, Metropolitan Transit District, North County Transit District, Imperial County, U.S. Department of Defense, San Diego Unified Port District, San Diego County Water Authority, Southern California Tribal Chairmen's Association, Mexico 0 0 TABLE OF CONTENTS INTRODUCTION.................................................................................................................................... 3 Project Purpose and Objectives....................................................................................................3 Experience and Expertise Offered................................................................................................4 Consultant Experience and Approval Background.....................................................................4 Administrative Procedures............................................................................................................5 PROPOSED WORK PROGRAM.............................................................................................................9 HousingElement Work Plan ............................ ............................................ I.............................. 10 TEAMBACKGROUND.........................................................................................................................19 Data.............................................................................................................................................. 19 Research.......................................................................................................................................19 Planning.......................................................................................................................................20 Professional References for SourcePoint...................................................................................21 SourcePointLegal........................................................................................................................ 21 Similar Projects Completed by Sourcepoint/SANDAG...............................................................22 ProjectStaff................................................................................................................................. 18 KarenLamphere......................................................................................................................22 MichaelMcLaughlin................................................................................................................23 KristenRohanna......................................................................................................................2S PROJECT SCHEDULE AND COSTS.......................................................................................................29 Schedule....................................................................................................................................... 29 TaskCosts.....................................................................................................................................30 Allocation of Work Hours (Dollar Value)...................................................................................30 n INTRODUCTION PROJECT PURPOSE AND OBJECTIVES 0 The City of San Juan Capistrano has requested proposals to update the General Plan Housing Element in accordance with the requirements of State law. The City of San Juan Capistrano intends to use this document to achieve conformance with California's Housing Element laws. The City's proposal requires that the Housing Element receive a determination of compliance from the State Department of Housing and Community Development (HCD) no later than June 30, 2008 in order to meet the State deadline. Accordingly, SourcePoint proposes to assist the City with the update to the Housing Element. SourcePoint has prepared numerous Housing Elements, all of which have been found in compliance with California's Housing Element law by the State Department of Housing and Community Development (HCD). Through this experience, SourcePoint is confident that we can prepare a Housing Element that will fully satisfy the requirements of the State of California. To begin, we suggest identifying key issues and opportunities that likely will need to be addressed as part of the update. SourcePoint then will provide identification and analyzes of the supply and demand factors that affect the City's ability to meet its housing needs and conditions. A review of the effectiveness of the program array contained in the existing Housing Element will be conducted using a three tiered analytical approach (description, effectiveness, and recommendations). An analysis of constraints, both governmental and non-governmental, will be included. The revisions also will include a resource analysis, including a site inventory that will tie to the revised Quantified Objectives. The revisions also will revisit the City's goals and policies to determine where appropriate revisions may be necessary. It also will revisit the City's housing programs and suggest a dynamic set of detailed five year programs designed to meet the housing needs of the City based upon the preceding analysis. Finally, we will revise the Quantified Objectives based upon this work and the new RHNA numbers to produce a Housing Element that is consistent and a doable plan which will meet the requirements of the State's Housing Element law. More importantly, we want to produce a Housing Element that reflects the very character of the City and combines the State requirements with characteristics that are unique and special about the City. The proposal also reflects the City's RFP regarding public participation requirements but we have proposed two sets of public hearings for the Planning Commission and City Council in addition to the workshops (see Task 10 in the Housing Element Work Plan) To ensure that the City receives the most updated information, SourcePoint will use data sources such as the Southern California Association of Government's (SCAG) Regional Housing Needs Assessment (RHNA), Orange County Projections, and other appropriate updates to the existing Housing Element's data base to provide a more current housing conditions and needs profile. The 3 0 0 more current estimates and the projections will form the basis for any demographic and housing information that will be used in the Housing Element. Due to the consultants' knowledge of, and familiarity with, the data and subject matter, the objectives above can be achieved with City staff assistance as defined in the RFP. EXPERIENCE AND EXPERTISE OFFERED We will bring together a project team of professionals that will provide a wide range of experience and background in the preparation of Housing Needs Statements, Housing Elements, federal housing plans, and economic/fiscal impact studies. The consultants also have worked closely with many jurisdictions throughout the Southern California area on these issues. SourcePoint will contract with Mr. Michael McLaughlin to be the Project Manager for this study. As described in his resume on page 23, he brings more than 30 years of relevant experience to the project. CONSULTANT EXPERIENCE AND APPROVAL BACKGROUND The experienced personnel working on this project previously have prepared over three dozen Housing Elements in various cities in Ventura, Orange and San Diego counties, all of which have been found in compliance with State Housing Element law by the State Department of Housing and Community Development (HCD). This work has included a number of Coastal jurisdictions from Ventura to Imperial Beach. Members of the project team also have prepared a methodology for assessing housing conditions and housing needs, which was approved by the U.S. Department of Housing and Urban Development (HUD) for utilization in the Comprehensive Housing Affordability Strategy (CHAS) process. The consultants have been integrally involved with regional housing needs `. assessments and regional share processes and have worked very closely with key HCD staff over a number of years on a variety of Housing Element related issues. The consultants have appeared as expert witness in several court cases and have provided expert advice to a number of legal teams, primarily associated with Housing Element litigation. Members of the consultant team also sponsored and helped write AB 1715, the pilot program for Housing Element self -certification in the San Diego region. In addition to the experience that directly relates to the preparation of Housing Elements, SourcePoint has prepared housing market studies for the Department of Defense evaluating the provision of low-income housing for the military in North and South San Diego County. SourcePoint has prepared a report for the San Diego County Department of Housing and Community Development for the purpose of assisting staff in the development and implementation of programs to provide housing opportunities for very -low to moderate income households. SourcePoint anticipates that the information and methodologies produced from its previous studies and work programs will strengthen the overall effort to develop a Housing Element for the City. SourcePoint studies often demand the participation of public advocacy groups, community organizations, and business associations in the development of a specific project. The Consultant's proven ability to develop consensus on wide-ranging land use, housing, and economic projects will reinforce the credibility and comprehensive nature of the Housing Element. We have worked with a variety of public participation techniques, a number of which were very similar to the City's request. 4 ADMINISTRATIVE PROCEDURES The team intends to establish a close working relationship with the project team and the City staff and support personnel through a series of meetings at critical points in the study process. The purpose of these meetings will be to solicit input and direction from the City and to build the consensus necessary for a coordinated planning effort. These meetings are not envisioned as presentations or informational meetings, but rather work sessions where potential issues are identified early in the process and solutions discussed. We expect that key personnel from SourcePoint will communicate on a regular basis with the City's Planning Services Department staff. Frequent and informal communication by telephone, email, letter and/or brief meetings with City's project manager and key staff will occur. The team's designated Project Manager, Mr. Michael McLaughlin, will be integrally involved, and work closely with, City staff in preparing and helping conduct the publidcommunity workshops, public hearings before the Planning Commission, City Council and all other necessary public meetings. The final product will include the input and advice of the City, SourcePoint, and interested citizens groups and workshop results. A strong relationship between City staff and the project team will help ensure the efficient and timely completion of all work products. 5 0 0 PROPOSED WORK PROGRAM The overall work product will consist of an adopted Housing Element that will meet the State Housing Element laws and that will be integrated and consistent with the City's General Plan and related plans, policies, and programs. The team will prepare an update to the Housing Element for the City. A major goal of the work program is to ensure a Housing Element that is in full compliance with State law. The current Housing Element was found to be in compliance by HCD, and therefore, will form a strong foundation for the update. However, due to a number of recent revisions to the State law governing Housing Element requirements and more current data, RHNA, and updated information bases and sources, the current Housing Element will require substantial revisions. SourcePoint's proposal is based on pursuing an approach that would result in submittal to, and a finding of compliance by, HCD. As stated earlier, the work program would begin with the identification of key issues and opportunities that likely will need to be addressed as part of the update. We would identify and analyze the supply and demand factors that affect the City's ability to meet its housing needs and conditions. A review of the effectiveness of the program array contained in the existing Housing Element would be conducted using the aforementioned three tiered analytical approach. An analysis of constraints, both governmental and non-governmental, will be included. The revisions also will include a resource analysis, including a site inventory that will tie to the revised Quantified Objectives. The revisions also will revisit the City's goals and policies to determine where appropriate revisions may be necessary. It also will revisit the City's housing programs and suggest a five year set of programs: Finally, we will revise the Quantified Objectives based upon this work and the new RHNA numbers. The proposal includes the public participation component (work shops with the Housing Advisory Committee, the Planning Commission, and City Council), as identified in the RFQ/RFP, to assist in the preparation and review of the Housing Element. We suggest that the public hearings before the Planning Commission and City Council occur after the Housing Advisory Committee workshops with the purpose of gaining: (1) the Planning Commission's recommendation and (2) City Council's authorization to submit the Housing Element to HCD for purposes of initiating their formal review process. We then recommend a second set of public hearings recommending approval of the Housing Element after the City has responded to HCD's review comments and reached agreement on the changes necessary to gain a determination of compliance. The following specific actions for the Housing Element are included in this proposal. d Housing Element Work Plan Task t — Update of City's General Profile and Background An update of the City's general profile and background is essential for placing the Housing Element in the best perspective, documenting City's past efforts in meeting Housing Element guidelines and requirements, as well as to introduce those special and unique features of the City. This work is not only designed to project that character but also place it into the Housing Element context. (Rohanna) Task 2 — Discussion Section of Key Issues and Opportunities Source Point will prepare a discussion section of key issues and opportunities faced by the City for this Housing Element cycle. This step is not part of the State requirements but we think that it is essential in order to clearly articulate the overall strategy and approach of the Housing Element, again reflecting the special issues and opportunities in the City. Based upon the results of Task 1, issues of concern will be identified and opportunities for improvement addressed. (McLaughlin) Task 3 — Evaluate Effectiveness of Current Programs Evaluate the success of housing programs in the City using a quantifiable and replicable methodology, which can be employed during current and future cycles for Housing Elements and which can be used to prepare an annual report on the progress toward meeting regional housing needs as required by state law. The approach will go through a three tiered analysis that describes the program, determine its effectiveness, and recommends continuation, revisions, and /or deletion. Once this step is completed, SourcePoint also will identify if any new/additional programs would warrant consideration for inclusion in the revised Housing Element. This evaluation process will take full inventory of all progress made on housing issues in the City, even if the progress was achieved through programs developed independently from previous or current Housing Elements. (McLaughlin) Task 4 — Needs and Conditions Assessment By conducting a thorough needs analysis that will update the existing database and provide a more detailed analysis, the City will have the information necessary to develop a Housing Element, as well as the data on which to base projections for future housing needs of special groups within the City. The consultants will incorporate appropriate input received from the workshops throughout the document but especially in the Needs and Conditions section in order to supplement State mandated items with information data unique and special to the City. The approach to the Needs and Conditions Assessment will be to separate supply and demand issues into categories, ensuring that total needs (demand) can be compared against the housing market available (supply). The following steps in the development of the Needs and Conditions Assessment would be done in compliance with State law. 1. Demand Assessment (demographic characteristics) 10 The purpose of assessing the demand for housing is to analyze population characteristics including (but not limited to): composition by race, age, employment, income, and other special characteristics. Sources anticipated to be utilized: Orange County Projections, SCAG RHNA/projections; California Department of Finance figures; 2000 Census figures, and other appropriate more current estimates (e. g., BIA, Board of Realtors, local housing advocacy information, and information from the workshops. (Rohanna) 2. The Demand Assessment will produce the following products: a. The number of existing households in the City including very low, low, moderate, and other income households. Income levels are defined by the State Department of Housing and Community Development as 50 percent (very low) and 80 percent (low) of the median in come in a particular municipality or region. Households with incomes 120 percent of the median will be noted as moderate. (Rohanna) b. The housing requirements of special needs groups (handicapped, elderly, large families, farm workers, homeless, female head of household, etc.) by comparing the number of special needs individuals by category with available housing supply to accommodate them. (Rohanna) 3. Supply Assessment (housing stock characteristics) The purpose of assessing the supply of housing is to analyze housing characteristics of both existing and projected housing, including: type, tenure, vacancy, housing costs, income. Sources anticipated to be utilized: Orange County projections/SCAG forecasts; Department of Finance figures; Regional Housing Needs Assessment (including the most recently adopted regional share goals for the City), other relevant more current data sources and 2000 Census figures. The tables and discussion from this section will produce the following: a. The number of existing housing units (both owner and renter occupied) needing rehabilitation or replacement. (McLaughlin) b. The range of housing costs for both rental and for sale units in the City using current databases that survey the Orange County housing market. Historical and projected vacancy rates for rental and owner units will be provided. (Rohanna) 4. Supply/Demand Indicators Analysis The purpose of analyzing housing supply and housing demand indicators is to determine the status of the housing market as required by State law. Overcrowding is an important parameter indicating whether or not the demand for the provision of housing exceeds supply. The number of households within the City living in overcrowded conditions (more than one person per room) will be estimated using updates in the 2000 Census. The results from this analysis will provide a basis for determining the number of housing units that need to be constructed in the future in order to alleviate this problem. (Rohanna) Residents' ability to afford a home is another parameter indicating that demand for housing exceeds supply. Affordability is a problem with lower-income households spending more than 30 percent of their incomes on housing. SourcePoint intends to use median values for housing 11 0 • and household income to estimate the affordability problem. Median monthly rent and median monthly payments (principal and interest plus taxes) will be compared to median income in order to determine the number of households occupying units which cost more than 30 percent of gross household income. The 2000 Census provides a distribution of affordability in Orange County by jurisdiction, and this distribution will be adjusted based on current available County data. The tables produced in this section will be used as base information from which to forecast future housing production needs outlined for lower-income households. (Rohanna) Task 5 — Update of Resource Inventory The purpose of updating the resource inventory is to evaluate the present housing situation in the City using new information from the City's land use inputs based upon staff input and data sources, especially land available for residential development. The update will take into account recent, current, and proposed development activities. This section will provide updates related to the City's financial resources, including redevelopment assistance, Community Development Block Grants (CDBG), general fund, and smart growth incentives. (McLaughlin) Task 6 — Non -Governmental and Governmental Factors Affecting Housing The assessment of non-governmental and governmental factors affecting the maintenance, improvement and development of housing for all income levels will include a review and update of the current Housing Element including provisions for financing costs, price of land, cost of construction and development fees, procedures, and processing. The product from this assessment will contain: 1. The cost and availability of mortgage financing for rehabilitation and new construction, utilizing information from the Community Reinvestment Agencies, and information and reports from local mortgage institutions. (Rohanna) 2. The price of land in the City from a sampling of the tax assessors rolls within the City or other more readily available sources. (Rohanna) 3. The cost of construction, both for new units by size and type, as well as rehabilitation of older units, on a cost per square foot basis. (Rohanna) 4. The cost, fees, and requirements of the City in processing permits and how other jurisdiction's requirements (constraints) may affect the City. (Rohanna) 5. Analysis of opportunities for energy conservation in respect to residential development. (McLaughlin) 6. Inventory of land appropriate for residential development including vacant sites and those sites having potential for redevelopment and homeless facilities, and an analysis of the relationship of zoning and public facilities and services to these sites. (McLaughlin) 7. Analysis of existing assisted housing developments that are eligible to change from low-income housing uses during the next ten years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use. (McLaughlin) 12 0 0 Task 7 — Update Existing Goals and Policies Produce a statement of the City's goals and policies relative to the maintenance, preservation, improvement, and development of housing. Review goals and policies from existing Housing Element, existing specific and redevelopment plans, and other City actions regarding housing. 1. Identify adequate sites that will be made available through the combined effort of proper zoning, development standards, and public services/facilities needed to facilitate and encourage the development of a variety of housing types for all income levels. This analysis also will include densities and acreages by site to determine yields for the income ranges specified by the regional share numbers. The information will be critical to the preparation of the program development. phase. (McLaughlin) 2. Identify, and where appropriate and legally possible, recommend removal of governmental constraints that prohibit meeting the housing needs of the City. (McLaughlin) 3. Identify methods that will improve and conserve the condition of the existing affordable housing stock. (McLaughlin) Task 8 —Program Development Update, catalog, and recommend a strong and dynamic array of housing programs based upon revised goals and policies, and building upon the existing set of programs. 1. Establishment of five-year work programs that specify the programs/policies that will be implemented to achieve the goals/objectives of the element. Identification of public or private agents most responsible for carrying out housing recommendations will be made. Quantifiable Objectives will be established to ensure that the specific housing needs of all population segments identified in the Needs Assessment (Task 4) are satisfied to the maximum extent possible. (McLaughlin) 2. Identify incentives, land use and development policies, and other actions that the City can take within the implementation program to encourage the development of a variety of housing types for all income levels. In addition, resources provided by non-governmental agencies, including non-profit organizations, will be identified. (McLaughlin) 3. Identify state, federal, local (including redevelopment) and non-governmental financing and subsidy programs to be pursued when appropriate and available. (Rohanna) Task 9 — Update Quantified Objectives by Income Category Conduct a comparison of the number of actual units provided for each income category, especially low and moderate -income households, to the assigned regional share figures. Identify methods by which the City can offer assistance in the development of housing to meet the needs of low and moderate -income households. (McLaughlin) 13 0 0 Task 10 — Conduct a Public Involvement Process Work with City staff to conduct three workshops with the Housing advisory Committee: (McLa ughl inlRoha nna) a. Workshop 1: Introduction and Preliminary Needs Discussion (Tasks 1, 2, 4, 5, and 6) b. Workshop 2: Program Assessment and Revised Goals and Programs Discussions (Tasks 3, 7, and 8) c. Workshop 3: Final Drafts Review and Comments 2. Work with City staff to organize four Public Hearings: two hearings to be held at the Planning Commission, the first of which designed to gain a recommendation to City Council to authorize submittal of the Draft Housing Element to NCD for their determination of compliance, and the second to gain a recommendation of approval to City Council of the Final Housing Element after the City has revised the Housing Element in response to HCD's review and after the City has reached agreement on the changes necessary to gain a determination of compliance, and two hearings to be held at the City Council the first of which would be designed to gain a recommendation from City Council to authorize submittal of the Draft Housing Element to HCD for their determination of compliance, and the second of which would be designed to gain approval of the Final Housing Element after the City has revised the Draft Housing Element in response to HCD's review and after the City has reached agreement on the changes necessary to gain a determination of compliance. The first of the Planning Commission and City Council hearings also could be conducted in workshop format if the City staff determines that approach is warranted. (McLaughlin) 3. Work with the City to provide recommendations regarding the City's preparation of the environmental documents associated with the update to the Housing Element. (McLaughlin) Task 11 —Progress Reports and Meetings Prepare the Housing Element portion of the milestone progress reports and confer with City staff to keep advised on a timely basis regarding any issues, budget status, and product delivery schedules for the Housing Element. (McLaughlinlRohanna) Task 12 — Document Preparation The Draft Housing Element will be a document that responds to the requirements of Housing Element law and reflect the input received from the public participation process. After submitting the Draft Housing Element to HCD, SourcePoint will work with City staff to communicate with HCD regarding the Draft and revise the Draft accordingly (see Task 12). SourcePoint will provide the City with 25 copies, one reproducible original, and one digital file of the Draft Housing Element and 30 copies, one reproducible original, and one digital file of the Final Housing Element (as approved), and any other appropriate and related materials. (LampherelMcLaughlinlRohanna) 14 0 Task 13 — Revisions SourcePoint will work closely with City staff and HCD staff and assist in responding to HCD's comments and making the necessary revisions to the Draft Housing Element. After the City has responded to HCD's review comments and reached agreement on the changes necessary to gain a determination of compliance, SourcePoint will assist the City with making the necessary revisions to the Draft Housing Element and preparing a Final Housing Element for Planning Commission and City Council approval. costs The costs for the Housing Element proposal are $46,980 and include monthly progress reports for the Housing Element, preparation of the required documents, attendance at all identified public hearings and workshops, follow-up responses (if necessary) to HCD review and comment, and coordination with City staff. See more detailed costs by task and staff under Project Tasks and Schedule. 15 1 0 0 TEAM BACKGROUND SourcePoint is a complete data, research, and planning center for all of San Diego County and has provided consultant services to the rest of Southern California as well as on a national scale. committed to helping senior management and elected officials solve complex problems. This commitment has shaped the organization's values and professional practices since its founding in 1982. Chartered by the San Diego Association of Governments (SANDAG), it offers the information and expertise through its comprehensive planning responsibilities and solid working relationship with all local governments. Our services span the fields of demographics, economics, transportation, land use, public facilities, and communications. Our products are custom-made for use in business plans, marketing/feasibility studies, site analysis, and public presentations. SourcePoint contracts with SANDAG for its staff support and thus is able to tap the diverse professional and information expertise which is SANDAG's hallmark. As a nonprofit corporation, SourcePoint's revenues are reinvested in its programs and the programs of SANDAG. This provides for the update and improvement of the data and information tools which support both programs, without additional burden on taxpayer or government agencies. DATA SourcePoint's database includes extensive historical records, all census reports, the most current estimates, and long-range forecasts of demographic, housing, economic, and land use information. Much of the information is coded geographically so it can be retrieved for any defined market area in the urbanized portion of Southern California. Data products can be delivered in tabular, map, or electronic form. RESEARCH SourcePoint also can collect, analyze, and program data for specific purposes. These services include demographic and economic forecasts, market profiles, surveys, inventories and computer models. SourcePoint's comprehensive database is used in research projects as the basis for comparisons and analyses. Research products also typically include report -size and display graphics to illustrate major findings. PLANNING SourcePoint applies both its data and research capabilities for market studies, general plan elements, feasibility studies, site analysis, transportation planning, land use, and public facility 19 0 0 planning. It specializes in the analysis of the economic, fiscal, environmental, and traffic impacts of development projects. The analysis applies to public as well as private projects. Services range from site location studies to public facility financing plans. SourcePoint provides clients with an integrated resource of analytical services. We combine planning talent with technical expertise to satisfy our clients' needs within budget objectives while ensuring the highest concern for public welfare and product quality. We have developed our extensive analytical and planning experience through a wide range of public and private projects. SourcePoint Organizational Chart for San Juan Capistrano's Housing Element SourcePoint Director (Karen Lamphere) Project Manager (Michael McLaughlin) Research Analyst (Kristen Rohanna) PROFESSIONAL REFERENCES FOR SOURCEPOINT • Mr. Jerry Backoff, Director Planning Division Developmental Services Department City of San Marcos 105 West Richmar Avenue (760) 744-1050 x3234 • Mr. Mike Blessing, Deputy City Manger Office of the City Manager City of Oceanside 300 N Coast Highway Oceanside, CA 92054-2885 • (760) 435-3065 • Mr. Robert Larkin, Director Department of Community Development City of Lemon Grove, 3232 Main Street Lemon Grove, CA 91945 • (619)825-3805 i 20 0 SOURCEPOINT LEGAL 0 SourcePoint has had no litigation brought against it, its services or its products. SIMILAR PROJECTS COMPLETED BY SOURCEPOINT/SANDAG Housing Elements prepared by SourcePoinVSANDAG, and found in compliance with State Housing Element law by the State Department of Housing and Community Development: Cities of: • Oceanside (1985, 1991 and 2007) • Coronado (2007) • Solana Beach (2006) • Lemon Grove (1999 and 2006) • San Marcos (1999 and 2005) • Escondido (1985 and 1990) • Imperial Beach (1991) • County of San Diego (1991) • Carlsbad (1985) • Various Ventura County cities (in early 1990s) • San Clemente (late 1980s) 21 0 0 PROJECT STAFF KAREN E. LAMPHERE Experience Principal PlanneNSourcePoint Director, SANDAG (2003 — present) Senior Planner, SANDAG (1988 — 2003) Associate / Senior Research Analyst, SANDAG (1978 — 1988) Responsibilities and Qualifications Ms. Lamphere is the Director of SourcePoint and Principal Regional Planner with the San Diego Association of Governments (SANDAG). In this position, she manages the Technical Assistance and Product Coordination section of the agency's Technical Services Department. Her responsibilities include: • Manage and administer consulting services provided through SourcePoint, including demographic and economic studies, general and community plan updates, survey design and analysis, GIS mapping and analysis, transportation modeling, and other related services. • Manage the agency's survey research program including the development of survey instruments, sampling designs, data collection strategies, reports, and documentation. • Oversee development of end-user data products including format, content, and production schedule; design and implement product development strategies that best serve department clientele and the agency. • Coordinate the development of outreach programs to effectively market products and services; oversee the creation of reports, fact sheets, maps, and other products for disseminating and documenting information and research findings. • Coordinate development and maintenance of department Web pages including oversight and review of content, format, and organization. Ms. Lamphere possesses in-depth understanding of the many datasets that SANDAG creates and maintains as well as local, state, and national sources of demographic, economic, transportation, and other information. Education • B.A., Geography, San Diego State University i 22 i ':i s Michael McLaughlin Experience • • Planning Consultant and Part -Time Faculty San Diego State University (SDSU) 2004 to present Provided general plan consulting services to local jurisdictions and legal firms on urban strategies, plans, and ordinances. Much of this work included updates to Housing Elements including close negotiations with the State Department of Housing and Community Development (HCD) to insure determinations of compliance. He also has developed implementing ordinances and programs, including, but not limited to: density bonus ordinances, inclusionary programs, affordable housing overlays, mixed use development standards, smart growth strategies, and redevelopment approaches He also teaches graduate and undergraduate level courses in City Planning at SDSU where he was recently recognized with the Outstanding Lecturer award. • Director of Regional Planning San Diego Association of Governments 1991 to 2004 (retired in 2004) Directed and managed the Regional Planning Department with responsibilities in regional growth management, community development and housing (including the preparation and approval of many Housing Elements), land use development, environmental management, intergovernmental relations and conflict resolution, and other regional planning matters; initiated the agency's bi- national planning activities; managed consultant services for special environmental, land use, and transportation studies on behalf of the agency, and directed staff including senior and associate planners and support staff covering regional planning activities. (Senior Planner 1979-1991) • Senior Planner/Junior Planner/Assistant Planner Department of Development City of Columbus, Ohio 1972 to 1979 Managed community development and housing planning activities, including: preparation of initial Overall Program Design for the Planning Division; preparation of land use plans at project, area, and citywide levels; development of the capital improvement programming process; and preparation of the Planning Division's operating budget and development of the work program; overall responsibility for the preparation and management of the community development planning, housing planning and Community Development Budget; directed the Community Planning staff and activities (15-20 professional planners, technicians and researchers). Preparation of a successful Neighborhood Strategy Area Program and the City's Innovative Grant for inner city development activities. 23 0 0 United States Army Intelligence and Security Command Arlington, Virginia 1969 — 1971 and 1972 —1992 (Reserves) Intelligence officer in charge of a 120 -person operations center conducting special intelligence missions in Vietnam; instructor at a military intelligence school in officer's basic electronic warfare and cryptologic courses; and reserve officer in Plans Division with the Headquarters of the Army Intelligence and Security Command and as assistant operations officer in a 300 -person field station. Education • M.C.R.P. (City and Regional Planning), Ohio State University. • M.A. (Public Administration), Northern Illinois University. • B.S. (Political Science), Northern Illinois University. Professional Affiliations Past Member, Governor's Government Technology Conference Advisory Committee (Governor's Appointee). Member, Board of Directors, Citizen Coordinate for Century 3 Past Member, Regional Homeless Task Force. Member, American Planning Association (APA). Past Director, San Diego Section, APA. Past Member, Board of Directors, California Chapter, APA. Past President, Central Ohio Section, APA. Past Member, APA, National Awards Jury. Received the Outstanding Planner (2003) and Distinguished Services Awards (1994) Past Member, National Association of Housing and Redevelopment Officials. Past Member, National Committee on Lower Income Displacement. Past Member, National Task Force on Urban Initiatives. 24 u KRISTEN L. ROHANNA Experience v Associate Research Analyst, SANDAG/SourcePoint (2003 to Present) Senior Associate, Digital Engineering Corporation (2002 - 2003) Research Analyst, HMA Planning & Development Consultants (2001 - 2002) Senior Demographic Analyst, Pennsylvania House of Representatives (1999 - 2000) Legislative Research Analyst, Pennsylvania House of Representatives (1998) Responsibilities and Qualifications Ms. Rohanna is an Associate Research Analyst with SourcePoint. Her expertise is in compiling and analyzing a wide range of demographic and economic data as well as survey design and analysis. She has been an integral part of the project team for responsible for the update of several local jurisdictions' Housing Elements over the past two years. Her responsibilities include: • Research, analyze, and interpret demographicleconomic, land use, and related data and trends for use in a variety of agency studies and those conducted for SourcePoint clients. • Manage the Regional Census Data Center and other census -related activities including data acquisition, coordination with the Census Bureau and other state data centers, and pre -census planning activities. • Design survey instruments, determine the appropriate sampling design and survey methodology, oversee conduct of the survey, and analyze and report on significant findings. • Utilize Geographic Information System software to prepare custom maps and provide spatial analysis of data. • Conduct on-site and off-site demographic data workshops and public participation events. Education • B.A., History, Phi Beta Kappa, University of Pittsburgh • Social Studies Teaching Certificate, Millersville University • M.A., Demographic and Social Analysis, University of California, Irvine 25 PROJECT SCHEDULE AND COSTS An initial meeting will be held with City staff to discuss the work program, schedule of products, workshops and public hearings. Following each phase of the work program, SourcePoint will provide the City with a draft for review and comment. SourcePoint will provide monthly progress reports and have regular verbal communication with City staff, and will meet with the City staff at key points in the preparation of the Housing Element. In addition, based on consultation with City staff, workshops, public hearings with the Planning Commission and City Council will be scheduled to ensure that the Housing Element addresses the specific issues and concerns of the City and its residents. After completion of the first draft of the Housing Element, City staff will be asked to review the document and meet with SourcePoint to discuss their comments. Additional comments from the public and housing advocates will also be sought. A final draft of the Housing Element will be prepared based on the comments of the City, the public, and other interested parties. This final draft will be forwarded by the City to the State Department of Housing and Community Development (HCD) for a finding of compliance. Following consideration of HCD's comments, which SourcePoint will address in collaboration with City staff, the City Council can adopt the 2008 Housing Element. The schedule outlined below will meet the City's need to achieve HCD compliance of its Housing Element by June 30, 2008. Schedule From Start Date* Initial Meeting / Finalize Work Program Month 0 Draft Outline/ Workshop 1 Month 1 Draft Tasks 1, 2 & 4 Month 2 Workshop 2 Month 3 Draft Tasks 3, 5 & 6 Month 4 Draft Tasks 7, 8, 9 Month 4 Draft Full Report/ Workshop 3 Month 5 Prepare Draft Housing Element Month 6 Public Hearings: Planning Commission and City Council (Authorization to Month 6 submit to HCD) HCD Review/ Liaison HCD Month 6-8 Draft revisions with HCD Comments (as necessary) Month 9-10 Public Hearings 2 /Planning Commission and City Council (approve final) Month 11 Deadline for Housing Element Adoption June 30, 2008* *Assumes start date in mid-July, 2007. 29 Task Costs Task 1 Update City Profile and Background Task 2 Key Issues and Opportunities Task 3 Effectiveness of Current Programs Task 4 Needs and Conditions Assessment Task 5 Resource Inventory Task 6 Factors Affecting Housing Task 7 Existing Goals and Policies Task 8 Program Development Task 9 Quantified Objectives Task 10 Public Involvement Process Task 11 Progress Reports, Meetings Task 12 Report Preparation Task 13 Revisions Total Allocation of Work Hours (Dollar Value) 0 $1,360 $6,440 $1,160 $4,560 $2,740 $3,200 $3,960 $3,760 $1,440 $6,360 $4,400 $3,740 $3,860 $46,980 The following billing rates were used to determine the cost of this study. These rates will be applicable for potential additional Housing Element -related tasks if requested by the City of San Juan Capistrano. SourcePoint Director (Lamphere) $ 900 (6 hours rd $150 per hour) Project Manager (McLaughlin) $ 24,480 (204 hours 0 $120 per hour) Research Analyst (Rohanna) $ 20,400 (240 hours 0 $85 per hour) Clerical $ 1,200 (20 hours@ $60 per hour) Total Not to Exceed $ 46,980 30 0 0 City of Lemon Grove Housing Element 2005-2010 December 2006 Source Point 401 B Street - Suite 800 - San Diego, California 92101-4231 (619) 699-6900 - Fax (619) 699-1905 - www.sourcepoint.org SourcePoint is a nonprofit corporation chartered by SANDAG • DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT 1800 Third Street, Suite 430 P. O. Box 952053 Sacramento, CA 94252-2053 (916) 323-3177 FAX (916) 327-2643 January 3, 2007 Mr. Graham Mitchell, City Manager City of Lemon Grove 3232 Main Street Lemon Grove, CA 91945 Dear Mr. Mitchell: RE: Review of Lemon Grove's Adopted Housing Element `ppuvvrTy r�LRpRM�• Thank you for submitting Lemon Grove's housing element adopted December 5, 2006 and received for review on December 19, 2006. The Department is required to review adopted housing elements and report the findings to the locality pursuant to Government Code Section 65585(h). As you know, the Department's August 2, 2006 review found Lemon Grove's revised draft housing element addressed the statutory requirements of housing element law. As the adopted element is substantially the same as the draft, the Department is pleased to find the element in compliance with State housing element law (Article 10.6 of the Government Code). The Department commends the City's commitment to promote housing choice and affordability through the many efforts surrounding Lemon Grove's Special Treatment Areas, including proactive coordination with for- and non-profit developers, ministerial processing and various incentives. The housing element update provides a framework for Lemon Grove to implement housing, transportation and land -use linkages that complement your Regional Comprehensive Plan. Further, a compliant housing element provides competitive advantage for important financial resources such as SANDAG's 2008 Transportation Development Act, TransNet Bicycle and Pedestrian. 0 0 Mr. Graham Mitchell, City Manager Page 2 The Department wishes Lemon Grove success in implementing its housing element and looks forward to following the City's progress through the annual general plan reports pursuant to Government Code Section 65400. If the Department can provide any assistance in implementing Lemon Grove's housing and land -use strategies or in accessing needed resources, please contact Paul McDougall, of our staff, at (916) 322-7995 Sincerely, Cathy E. Creswell Deputy Director 0 0 0 0 0 0 0 BALANCING THE NATURAL + BUILT ENVIRONMENT 13142 Rosalind Drive Santa Ana, CA 92705 Tel: 714 628 0464 \ Fax: 714 626 0330 May 30, 2007 Ms. Lynnette Lehmann City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92628 RE: Housing Element Update Proposal Dear Ms. Lehmann, CONEXUS appreciates the opportunity to submit this proposal to assist the City with its 2008 Housing Element update. We would enjoy the opportunity to work with you again on this project. I believe our firm's experience working with a wide variety of jurisdictions combined with our familiarity with planning issues in San Juan Capistrano and solid working relationship with senior HCD staff during the past 25 years would enable us to help the City prepare a well-written Housing Element that will meet the City's objectives and also receive state certification. CONEXUS provides professional planning services to public agencies in the areas of land use planning, housing policy, environmental analysis, conflict resolution and public participation. Our current clients include the cities of Brea, Camarillo, Culver City, Hermosa Beach, Newport Beach, Orange, Rancho Cucamonga, Rancho Santa Margarita, Yucaipa, as well as Orange County, Santa Barbara County, the University of California, Irvine, the California Department of Fish and Game, and Orange County LAFCO. If you have any questions regarding this proposal, or wish to schedule an interview, please contact me at 714-628-0464, or via email at Conexus.JHD@ca.rr.com. Yours truly, AICP ATTACHMENT 2 0 0 CITY OF SAN JUAN CAPISTRANO Proposal to Prepare the 2008 Housing Element Update Submitted to: Lynnette Lehmann Planning Services Department 32400 Paseo Adelanto San Juan Capistrano, CA 92628 Submitted by: CONEXUS Contact: John Douglas, AICP 13142 Rosalind Drive North Tustin, CA 92705 Phone: 714.628.0464 May 30, 2007 of San Juan 2008 Housinq Element Table of Contents A. Project Understanding and Approach ........................................ 1 I B. Proposer's Experience and Qualifications .................................... 5 C. Scope of Work........................................................................... 9 D. Schedule................................................................................. 19 E. Proposed Budget..................................................................... 21 Appendices 1. Resumes................................................................................. 23 2. Summary of Recent Housing Element Legislation ........................ 29 3. Common Housing Element Questions and Answers ..................... 31 CONEXUS -i- May 30, 2007 I City of San Juan CaTtrano 2008 Housing Element Proposal A. Project Like many cities on the fringe of the Los Angeles Understanding and metropolitan area, San Juan Capistrano has Approach experienced strong growth pressures and housing cost increases over the past several decades. The City has struggled to deal with these pressures and at the same time preserve its high quality of life. In response to development pressures in the past, the City in 1976 adopted the Residential Growth Management Program, which establishes a cap of 400 new dwelling units per year. Such laws can sometimes present an obstacle to preparing a legally adequate Housing Element, although this is not expected to be a problem for San Juan Capistrano since affordable housing is exempt ■ from the limit. The City has a pro -active track record in responding to the housing needs of lower-income households. Programs and activities include Redevelopment Agency housing set-aside funds, rental assistance, housing rehabilitation assistance, mobile home rent control, and first- time homebuyer assistance. SCAG is currently finalizing its Regional Housing Needs Assessment, which identifies new housing needs for each jurisdiction in the region. San Juan Capistrano has been assigned a growth need of 1,053 new units for the period 2006 - 2014, with over 400 of those in the very -low and low income categories. How jurisdictions accommodate their "fair share" housing needs is one of the most important components of the Housing Element update, and is often the key to obtaining certification from the state Department of Housing and Community Development (HCD). Based on our conversations with staff, there are a number of affordable projects underway, including Habitat for Humanity, Little Hollywood, Seasons Apartments expansion, and possibly ' Whispering Hills. However, there is a possibility that the City's current inventory of land suitable for affordable housing development may be insufficient to accommodate the balance of the RHNA allocation at all income levels. Under that scenario, the Housing Element would need to include an implementation program to provide CONEXUS -1- May 30, 2007 City of San On Capistrano �oos Housing Element Proposal additional sites for housing. However, such a program could be completed after June 2008 rather than as part of Housing Element adoption. We expect this to be one of the most significant issues to be resolved with the Housing Element update. The critical factor is the City's zoning and inventory of sites for new housing, and whether this inventory can accommodate the RHNA need, particularly for the VL/Low categories. In its memo on AB 2348' state HCD established a "default density" for most cities in Southern California (including San Juan Capistrano) of at least 30 dwelling units per acre2 to facilitate the production of lower-cost housing. The City's land inventory analysis will be evaluated, and if sufficient capacity cannot be identified, then policy options will need to be considered. Under new state law3, if the Housing Element does not demonstrate adequate sites to accommodate the RHNA for VL and Low income households, a jurisdiction must adopt a program to provide sufficient sites and allow multi -family development on such sites "by right". A brief summary of other recent changes to Housing Element law is provided in Appendix 2. Obtaining state certification of the Housing Element can be a daunting task, and CONEXUS is especially well-qualified to help cities in this regard for two reasons. Mr. Douglas has worked with management and senior staff at state HCD as both a staff planner and consultant over the past 25 years to resolve Housing Element issues and help cities and counties obtain certification. His long experience and good relationships with senior staff at state HCD enable him to help jurisdictions successfully negotiate mutually agreeable solutions to issues that may be raised by HCD during the review process. 'Memo dated June 9, 2005 from Cathy Creswell, Deputy Director, California Department of Housing and Community Development regarding AB 2348 of 2004 Z Jurisdictions may claim that a lower density than the "default" is sufficient to facilitate lower-income housing, as long as adequate supporting evidence is provided (see Q/A #5 in Appendix 3). 3 AB 2348 of 2004 (Govt. Code Sec. 65583.2(h}) CONEXUS -2- . May 30, 2007 of San Juan I 0 2008 Housing Element Secondly, Mr. Douglas is a certified mediator with a background in facilitating solutions to difficult land use and public policy issues. He holds a Certificate in Conflict Management and Alternative Dispute Resolution from the University of California, Irvine and teaches graduate seminars in collaborative planning and housing elements at UCI. Local control of land use matters is of paramount importance to elected city officials, and the state's role in certifying housing elements can be extremely difficult for decision - makers to accept. Mr. Douglas' background in consensus building strategies can help overcome these obstacles and achieve win/win solutions. Appendix 3 contains several common questions regarding new Housing Element law along with answers and explanations developed through several recent conversations with HCD staff. HCD References Linda Wheaton, Deputy Director (916) 327-2642 Melinda Coy (916) 445-5307 CONEXUS -3- May 30, 2007 City of San Juan Cap�ano 2008 HoLlMg Element Proposal B. Proposer's CONEXUS is an urban and environmental planning Experience and consulting partnership founded and co -owned by Qualifications Marie E. Gilliam, AICP and John H. Douglas, AICP. Marie and John formed the firm in 2004 after working together for many years in both the public and private sectors. The partners each bring more than 30 years of diverse planning experience to the firm, which has afforded them a broad and in-depth knowledge in the areas of land use planning and analysis, environmental planning and CEQA documentation, housing policy and implementation, demographic and market analysis, development feasibility analysis, entitlement processing, public participation and conflict resolution. CONEXUS maintains offices in Orange County and Santa Barbara. John Douglas, AICP John Douglas, AICP is partner and co-founder of Project Manager CONEXUS. His areas of practice include land use and environmental planning, housing policy, conflict resolution and public participation. He has 33 years experience in the planning field, including 15 years in local public agency management. John was formerly Chief of Advance Planning for the County of Orange and Principal Planner for the City of Newport Beach. Prior to forming CONEXUS, John was Director of Planning for Civic Solutions, Inc. and Senior Consultant with The Planning Center where he supervised Housing Element preparation from 1998 to 2001. John is also an experienced meeting facilitator and has worked with numerous committees and groups to develop consensus on complex and controversial issues involving land use, environmental planning, and affordable housing. He is a lecturer in the Graduate Program in Urban and Regional Planning at the University of California, Irvine where he teaches courses on Housing Elements, collaborative planning and conflict resolution. He is also a state -certified mediator. Mr. Douglas will serve as Project Manager and principal author of all Housing Element and CEQA documents. His experience with Housing Elements and conflict resolution, CONEXUS -5- May 30, 2007 City of San Juan Capistrano 2• Housing Element Proposal combined with his local knowledge of San Juan Capistrano make him uniquely well-qualified to lead the consultant team for the Housing Element update. John Cuykendail John Cuykendall is Senior Associate with CONEXUS' Senior Associate Santa Barbara office. Mr. Cuykendall has over 13 years professional planning experience in both the public and private sectors. His responsibilities have included managing highly complex projects, including management and preparation of housing elements, CEQA documents, grant writing, general plan studies, specific plans, zoning ordinances, and discretionary case processing. John's background in local government has provided him with a broad understanding of the practical aspects of land use planning, policy development and implementation. Prior to joining CONEXUS, John was Senior Project Manager with Civic Solutions, Inc. and Project Manager for the County of Santa Barbara's Planning and Development Department. Mr. Cuykendall was the project manager responsible for the 2003 update to the Santa Barbara County Housing Element. A strategic plan was developed to address unmet housing needs, particularly for the local workforce, and is now being implemented in the Action Phase. Mr. Cuykendall will assist in data collection, analysis, and preparation of portions of the Housing Element update. Victoria Basolo, Ph.D. Victoria Basolo, Ph.D. is Associate Professor of. Senior Advisor Urban and Regional Planning at the University of California, Irvine and Senior Advisor to CONEXUS. Dr. Basolo's research includes individual and collective decision making about housing and economic/community development. She is particularly interested in the formulation and implementation of housing and economic/ community development policies within the context of intergovernmental relations. She has also worked as a public agency staff planner for city and county housing and redevelopment agencies. She holds a Master of Urban and Regional Planning from Cal Poly Pomona and a Ph.D. in City and Regional Planning from the University of North Carolina, Chapel Hill. CONEXUS -6- May 30, 2007 of San Juan 2008 Housing Element Representative Housing Mr. Douglas has managed or participated in Element Experience approximately 20 Housing Element projects since 1981 as both planning department staff and as a consultant. From 1977 to 1981 he worked as a housing market analyst for Great Western Savings, and conducted development feasibility studies throughout California. Notable examples of his accomplishments are described below. Orange County Housing Element Update - Mr. Douglas managed the 2000 Housing Element update and served as lead facilitator for a series of meetings with an advisory committee comprised of major landowners, builders, housing advocates, environmentalists and business groups. The element received conditional certification from the state Department of Housing and Community Development. He subsequently was retained by the County to develop affordable housing implementation guidelines and an overlay zone for infill locations, which led to full certification of the element in 2006. (Contact: Ron Tippets, 714-834-5394) Santa Barbara County Housing Element and Action Phase - Mr. Cuykendall was Project Manager for the Santa Barbara County Housing Element update, and Mr. Douglas is currently assisting the County with its Housing Element Action Phase. Responsibilities include facilitating public workshops and hearings, serving as Environmental Coordinator to oversee the EIR process to evaluate proposed implementation policies and affordable housing candidate sites, and advising County staff on Housing Element requirements. The element has received conditional certification. (Contact: David Matson, 805-568-2068) City of Upland Housing Element Update - Mr. Douglas was Project Manager and principal author of the City of Upland's 2000 Housing Element update. As part of this effort he facilitated a series of workshops with an Advisory Committee to develop policy recommendations and implementation programs. The element was certified by HCD. (Contact: Sylvia Scharf, 909-931-4140) CONEXUS -7- May 30, 2007 of Sanqkn Capistrano 0008 Housing Element Nevada County Housing Element Update - Mr. Douglas assisted Nevada County in preparing its 2003 Housing Element and serve as advisor to County staff for the update. The element was certified by HCD. (Contact: Mark Tomich, 714- 673-0395) Riverside County Integrated Project - The RCIP is a nationally -recognized model for comprehensive planning that involves an integrated approach to land use, habitat conservation and transportation planning. Riverside County is the second largest county in California with a land area similar to the state of New Jersey. Mr. Douglas served as a senior advisor to the General Plan team and project manager for the Housing Element effort. As part of this project he facilitated over 20 workshops during 1999 and 2000 with a Technical Advisory Committee, stakeholders and the general public, and was principal author of the element. The element was certified by HCD. (Contact: Jerry Jolliffe, 909- 955-3161) In addition to these projects, Mr. Douglas supervised or participated in the preparation of Housing Elements for the following jurisdictions. o City of Chula Vista o City of Dana Point o City of Fontana o City of fountain Valley o City of industry o City of La Quinta o City of Lake Elsinore o City of Palm Springs o City of Perris o City of Santa Ana o City of Stanton o City of Tustin o City of Westminster o County of San Bernardino CONEXUS -8 May 30, 2007 City of San Juan Capl%fFano 2008 Housing Element Proposa C. Scope of Work The following section outlines the specific tasks we anticipate for this project. Task I Following authorization to proceed, the first step Project Initiation will be to meet with City staff to review the work program and make any necessary refinements. Data needs and the respective expectations and responsibilities of City staff and the consultant team will be clarified. It is assumed that the City will provide us with a digital file of the current Housing Element and related documents upon commencement of the project. At this stage we will discuss the desired Housing Element format with staff. The budget assumes that the new element will be prepared in a similar style and format as the current element. However, if a different or more elaborate format or extensive use of graphics is preferred, an appropriate budget adjustment will be negotiated to accommodate the City's desires. Products • 1 kick-off meeting with City staff + Refined work program (as appropriate) Task 2 The data collection and analysis effort will include Data Collection all of the items listed in the RFP and required by and Analysis California Government Code Section 65583(a) and Department of Housing and Community Development guidelines, including the following specific items: + Analysis of population and employment trends and existing and projected housing needs for all income levels. • Analysis of household characteristics including level of payment compared to ability to pay, and housing characteristics, including overcrowding and housing stock conditions. • Analysis of special housing needs. • Land inventory/site analysis and an evaluation of the relationship of zoning and public facilities to serve these sites. CONEXUS -9- May 30, 2007 t of San Ju0apistrano R Housing Element • Analysis of governmental and non- governmental constraints. • Analysis of opportunities for energy conservation. • Analysis of "at -risk" assisted housing developments. • Evaluation of the appropriateness and effectiveness of the City's current housing policies and programs, and progress in implementation. The most recent available data will be used and no original research or surveys are assumed as part of this task. On the basis of the foregoing analysis, CONEXUS will update the relevant portions of the Housing Element. The findings from this analysis will play a major role in framing policy issues. The budget assumes that City staff will provide the following information for use in the needs assessment, land inventory, constraints analysis, and evaluation of progress in implementing the current Housing Element. Other information needs may be identified during the initial phase of work. If desired, CONEXUS can take responsibility for some or all of these items as optional tasks on a time - and -materials basis. Upon commencement of the project, CONEXUS will provide the City with a template to use in compiling this information. o Accomplishments since the last Housing Element update ® Units produced by type, demolitions, rehabs, code enforcement data, status of program actions, redevelopment agency and housing assistance program accomplishments, etc. o Land inventory analysis ® Matrix of land use by zoning designation (vacant/underutilized) and sites suitable for housing development ® Map(s) showing vacant/underutilized parcels with the potential for housing development CONEXUS -10- May 30, 2007 of San Juan 2008 Hou7rg Element o Infrastructure analysis ® Water/sewer/drainage system capacity and any limitations that would impede housing development during the timeframe of the Housing Element (2008- 2014) o Units At Risk ® Inventory of City -assisted housing projects and eligibility to convert to market rate o Housing conditions data a If acceptable information is not available from the Consolidated Plan or other sources, a targeted survey may be required of selected neighborhoods to estimate the number of units in need of minor rehab, major structural rehab, or demo/replacement Products This scope of work and budget allow for a public participation effort that includes workshops, public meetings and public hearings with the Housing Advisory Committee, Planning Commission and 4 Cal. Govt. Code Sec. 65583(C)(6) CONEXUS -11- May 30, 2007 • Data and analysis for inclusion in the Draft Housing Element Task 3 State Housing Element law4 requires a pro -active Public Participation effort to involve interested persons and groups in Program the preparation of Housing Elements. The inherent community interest in land use and housing development - particularly affordable housing - ensures that the Housing Element update will receive a high level of public scrutiny. We believe that including the public and decision -makers in the analysis and development of housing policies and programs from the outset will enhance the likelihood that the final product will receive broad support, and thereby maximize the chances of successful implementation. This scope of work and budget allow for a public participation effort that includes workshops, public meetings and public hearings with the Housing Advisory Committee, Planning Commission and 4 Cal. Govt. Code Sec. 65583(C)(6) CONEXUS -11- May 30, 2007 i of San Ju0apistrano 20 Housing Element City Council. The following specific activities are anticipated. As part of Task 1, these activities will be confirmed or refined with City staff. If desired, additional workshops or meetings can be included on a time -and -materials basis. Housing Element Upon commencement of this task, a public Interest List and Notice notification list will be prepared in consultation with City staff, for use by the City in mailing notices prior to each public workshop or hearing. CONEXUS will prepare a brief informational notice of the pending Housing Element update to be distributed by the City. The notice will describe the anticipated process, schedule and opportunities for public involvement. A copy of this notice and distribution list will be included in an Appendix to the Housing Element describing public participation activities. Products • In consultation with City staff, preparation of the Housing Element Interest List • Preparation of a Housing Element update notice for distribution by the City • If desired by the City, additional public outreach efforts (e.g., internet sites, media spots, community group presentations) can be undertaken as optional tasks on a time - and -materials basis. Housing Advisory The Housing Advisory Committee advises the City Committee Workshops Council and Agency Board on matters related to housing goals, policies, objectives, programs, grants, and funding levels. Up to 3 workshops with the Committee are budgeted. The timing of these workshops will be determined in consultation with City staff. One approach would be to conduct the initial workshop early in the process, focusing on Housing Element requirements and the City's progress in achieving the objectives of the current element, as well as existing conditions and needs. A second workshop might be held upon completion of the preliminary draft element, prior to consideration by the Planning Commission and City Council. A third workshop could be held to review State CONEXUS -12- May 30, 2007 of San Juan Ca 2008 HoiMhg Element HCD's comments on the draft element and possible responses. If desired, we will assist the City in preparing public notices for these workshops. CONEXUS' project manager will lead the workshops (if requested by the City). Products • Facilitation of up to 3 Housing Advisory Committee workshops, including slide presentations, as appropriate Introductory An introductory study session with the City Council City Council {or joint Council/ Planning Commission) and staff is Study Session proposed to review current legal requirements and anticipated issues in the update process. A slide presentation will be prepared to illustrate key points, and will be made available for posting on the City's website for public information. Products • Participation in one City Council study session, including slide presentation Planning Commission Because of the role State HCD plays in reviewing and City Council and certifying draft Housing Elements, it is Workshops and important that the Planning Commission and City Hearings Council have an opportunity to consider and approve proposed policies and programs before submittal of the draft element to the state. Two meetings each with the Planning Commission and City Council are anticipated. The timing of these meetings will be determined in consultation with City staff. One approach would be to hold a joint introductory study session with the Planning Commission, City Council and staff to review legal requirements and anticipated issues in the update process. A slide presentation would be prepared to illustrate key points and made available for posting on the City's website. Upon completion of the Draft Housing Element, we anticipate that public meetings will be held by the Planning Commission and City Council to obtain the approval of policy -makers prior to CONEXUS -13- May 30, 2007 City of San JO Capistrano q08 Housing Element Proposal submittal of the element to HCD. Following Council approval, the draft element will be submitted to State HCD for 60 -day review as required by state law. After HCD's comments are received, revisions will be negotiated with staff and state HCD, and an adoption hearing will be held by the City Council. If substantive changes to the draft element are required in response to HCD comments, additional public hearings may be necessary prior to final adoption of the Element. Products • 2 Planning Commission meetings (or 1 joint PC/CC meeting and 1 PC meeting) • 2 City Council meetings (1 prior to NCD submittal and 1 adoption hearing following HCD review) (If requested by the City, CONEXUS' Project Manager will attend additional hearings and/or assist with the preparation of staff reports, resolutions and ordinances on a time -and - materials basis.) Task 4 An administrative draft Housing Element will be Draff Housing Element prepared incorporating the technical data and Preparation analysis from the previous task, as well as updated goals, policies, quantified objectives, and implementation programs describing the City's housing strategy for the 2008 - 2014 planning period. Policies and programs will be based on the review of the City's progress in implementing the current element and where appropriate, refinements will be recommended. The administrative draft element will be submitted to the City for review, and revisions will be made based on City comments. It is assumed that all City comments will be consolidated into one package, and one round of revisions is budgeted. A Draft Housing Element will then be prepared incorporating City comments. As noted under the public participation discussion in Task 3, it is recommended that the Draft Housing Element be reviewed by the Planning Commission and City Council, and if necessary, revisions will be CONEXUS -14- May 30, 2007 of San Juan Capisir no 2008 Housing Element Task 5 Coordination With State HCD made prior to submittal of the Element to state HCD. Following review by HCD (see Task 5), a proposed final Housing Element will be prepared for review and adoption by the City Council. All documents will be prepared in a format approved by the City. The budget assumes that the element will be prepared in a similar format and style as the current element, and that those sections not requiring revisions to incorporate new information will be carried forward in substantially the same form to the new element. However, if a different or more elaborate format or extensive use of graphics is preferred, an appropriate budget adjustment will be negotiated to accommodate the City's desires. Products • Administrative Draft Housing Element (3 hard copies + digital file) + Draft Housing Element (25 hard copies + reproducible original + digital file) + Final Housing Element (30 hard copies + reproducible original + digital file) The ultimate goal of the Housing Element update process is to adopt an element that both meets the City's objectives and also is certified by the California Department of Housing and Community Development (HCD). After the draft Housing Element is accepted by the City Council it will be submitted to HCD for review. HCD's comments will be analyzed, and CONEXUS will work with the City to revise the element, as necessary, to address the state's concerns. The practice of HCD in recent years has been to issue a letter of "conditional certification" when an element essentially complies with state law but follow-up actions are necessary to implement adopted policies or programs. While "full" certification is desirable (i.e., without requiring subsequent review and approval of implementation actions by HCD), in some cases required program actions cannot be completed within the timeframe of element adoption (June CONEXUS -15- May 30, of San 200RHousinq Element 30, 2008). Our commitment is to assist the City in achieving full certification by June 2008 to the extent feasible. However, if implementation actions are necessary in order to achieve full certification, we will assist the City in carrying out these subsequent actions within budget limits. Our experience preparing Housing Elements in many other jurisdictions over the past 25 years has provided us with a good working relationship with HCD's senior staff and a thorough understanding of what is required in order to receive Housing Element certification. Appendix 3 contains insights gleaned from our conversations with HCD staff regarding their interpretation of recent changes to state Housing Element law. The budget assumes a total of 30 hours for this task. If HCD comments are more extensive than this budget estimate, the additional work will be done on a time -and -materials basis. Products ► Meetings to review HCD comments with City staff ► Conference calls with HCD • Housing Element revisions Task 6 The CONEXUS Project Manager will maintain regular Project Management contact with City staff to ensure a smooth working relationship and successful completion of the project. It is assumed that most coordination will occur via telephone and e-mail. Monthly written progress reports will be provided to the City's Project Manager. A total of 3 on-site working meetings with staff are budgeted (in addition to the public workshops, meetings and hearings), to be held as necessary throughout the process. Products • Regular coordination with City staff via telephone or e-mail • Monthly written progress report summaries ► Up to 3 on-site working meetings with staff (including kickoff meeting) CONEXUS -16- May 30, 2007 of San Juan Optional Task 7 CEQA Review & Documentation 2008 HMsing Element The RFP does not list CEQA documentation as a required component of the work program. If desired, CONEXUS will prepare an Initial Study for the Draft Housing Element in compliance with the California Environmental Quality Act as an optional task. It is assumed that the Initial Study will support the preparation of a Negative Declaration. However, if the Initial Study finds that significant impacts could occur, an EIR would be required. (Note: Recent changes in state law may limit the City's ability to conduct CEQA review of "by right" multi -family housing developments on sites that are rezoned to accommodate the VL/L needs identified in the RHNA. As a result, "project -level" CEQA review may be required for Housing Element implementation actions. CONEXUS -17- _ May 30, 2007 City of San Juan CaplWano 2008 HoMng Element Proposal D. Schedule We believe the keys to schedule (and budget) control are 1) a clear understanding of objectives, 2) close coordination between the consultant and City staff, and 3) an experienced consulting team. Mr. Douglas has managed numerous similar projects and is committed to providing excellent service to the City. July 2007 July - September 2007 August - October 2007 September 2007 September 2007 November 2007 Nov -Dec 2007 January 2008 January 2008 February 2008 February 2008 April 2008 April 2008 April - May 2008 June 2008 June 2008 The project schedule will be refined and agreed upon at the outset. Regular monitoring of progress will allow fine-tuning when necessary in order to achieve the overall project objectives. The tentative schedule shown below reflects the assumptions regarding the required level of effort and City/consultant division of responsibilities set forth in the Scope of Work. Commence work Data collection and analysis Prepare Preliminary Draft Housing Element City Council study session Housing Advisory Committee workshop # 1 Submit Preliminary Draft Element to staff for review Staff review and revisions Prepare Public Review Draft Element Housing Advisory Committee workshop #2 Planning Commission hearing City Council hearing - authorization to submit Draft Housing Element to HCD Submit Draft Element to HCD (60 -day review) HCD comments due Housing Advisory Committee workshop #3 Prepare revisions per HCD comments City Council hearing and adoption Submit adopted Housing Element to HCD CONEXUS -19- May 30, 2007 of San Juan E. Proposed Budget 2008 HITsing Element Our proposed budget for this project is as follows. This budget will not be exceeded without the City's prior authorization. We recommend that the contract specify that budget funds may be transferred between tasks, as determined appropriate by the City's Project Manager. If extra work is required, a supplemental budget will be determined in consultation with the City prior to initiation of the work. JC = John Cuykendall, Sr. Associate WP = Word Processing/graphics tech Estimated Reimbursable Expenses Travelimileage No charge Printing/graphics $2,000 Postage/deliveries $100 Total $2,100 NOTE: This budget is an estimate based on the assumptions outlined in the scope of work and is subject to refinement in consultation with City staff. Reimbursable expenses are estimated based on the anticipated level of effort and the City will only be billed for actual costs incurred. All overhead costs are included in the proposed budget. CONEXUS -21- May 30, 2007 City of San Juan CMEtrano 2008 RMsing Element Proposal John H. Douglas, AICP Principal Qualifications Mr. Douglas has over 32 years experience in the planning field, including 15 years of management -level positions in city and county planning agencies. John manages the firm's practice in general plans, housing elements, CEQA/NEPA documents, demographic analysis, public outreach programs and conflict resolution. Prior to forming CONEXUS, he was Director of Planning for Civic Solutions, Inc. (2001-2004) and senior consultant with The Planning Center where he supervised Housing Element projects from 1998-2001. From 1991-1998 John served as Principal Planner for the City of Newport Beach where his duties included advance planning, economic development, annexations, CDBG administration, managing the entitlement and CEQA review process, and coordination with the California Coastal Commission on permitting issues. From 1981-1991 he was employed at the Orange County Environmental Management Agency where he supervised staff in the areas of advance planning, demographic forecasting, housing, CEQA compliance and entitlement processing. From 1977-1981 he was a housing market analyst for a private consulting firm. His planning experience began in 1974 with the City of Fresno. Highlights of John's extensive background in local government has given him a broad Experience understanding of the practical aspects of planning. He has managed numerous General Plan projects, Housing Elements, zoning code amendments, EIRs, and entitlement processes for both private and public projects. His special area of expertise is public outreach, meeting facilitation and consensus building strategies, and he holds a certificate in Conflict Management from the University of California, Irvine. He is a state -certified mediator and has considerable experience in working with groups and committees to find common ground on complex and controversial issues. He teaches a course on Housing Elements in the graduate program in Urban and Regional Planning at the University of California, Irvine and is a frequent speaker at professional conferences on techniques for effective public participation and conflict management. Education • B.A., University of California, Los Angeles, Geography • Graduate Studies, San Diego State University, City Planning • Certificate in Alternative Dispute Resolution, UCI Professional • Lecturer, Graduate Program in Urban & Regional Planning, UCI Affiliations • American Institute of Certified Planners • Charter Member, American Planning Association • Southern California Mediation Association CONEXUS -25- May 30, 2007 City of San Juan Cap?Frano 2008 Housing Element Proposal John T. Cuykendall Senior Associate Qualifications John Cuykendall is a Senior Associate with CONEXUS. Mr. Cuykendall has over 13 years professional planning experience in both the public and private sectors. He has extensive experience managing highly complex and complicated projects, including management and preparation of CEQA documents, grant writing, general plan studies, specific plans, zoning ordinances, discretionary case processing, and land use planning and housing policy development. Prior to joining CONEXUS, Mr. Cuykendall was Senior Project Manager with Civic Solutions, Inc. and Project Manager for the County of Santa Barbara's Planning and Development Department. Highlights of • City of Orange, East Orange EIR Experience As project manager for the City of Orange, responsible for managing the preparation of an environmental impact report for a 7,000 -acre, 4,100 -unit residential development project located in the City of Orange Sphere of Influence. Responsibilities included overseeing processing of tentative tract maps associated with the project. Required close coordination with applicant, City staff, and over 20 separate consultants working on the project as well as community representatives. Orcutt Community Plan, County of Santa Barbara, CA Mr. Cuykendall was the project manager responsible for amending and implementing the Orcutt Community Plan for the unincorporated area of Orcutt located south of the City of Santa Maria. As the project manager responsible for preparing policy amendments to the Orcutt Community Plan, key water, wastewater, and transportation policies were added and amended to address impacts of future development. Responsibilities included preparing new innovative water policies that were adopted to address both groundwater and state water resources. Project Manager, 2003 Housing Element Update, Santa Barbara County Established close working relationships with local and state agencies, including SBCAG, State HCD, UCSB, cities, and other County departments. Managed preparation of CEQA documents. Developed a strategic plan for addressing the housing need, particularly for affordable workforce housing. Prepared demographic trend analysis and needs assessment, budgets and work programs, supervised and trained staff, prepared policies, ordinances and resolutions, prepared presentations for decision- making bodies and public interest groups, and managed consultant contracts. Education University of California at Santa Barbara BA, Mathematics/Economics, 1991. CONEXUS -27- May 30, 2007 of San J Element San Francisco State University, San Francisco CA Wildland Studies Program, Resource Management emphasis, 1993 University of California at Santa Barbara, Santa Barbara CA 40+ post bachelor / graduate course units (urban planning emphasis), 1993 University of California at Los Angeles, Los Angeles CA Extension program, seminars/workshops in Financing and Benefit Assessment Districts, Development Impact Fees, Subdivision Map Act and CEQA, 1994-2002 National Development Council, New York, NY Housing and Economic Development Finance Multi -Family Housing Development Finance, February 2002 Professional • American Planning Association Affiliations + Co -Vice Director of Programs, Orange County APA Chapter (2004) • Co -Chair Awards Program, Orange County APA Chapter (2004) • Member, Housing Advisory Committee - Workforce Housing Sub - Committee, Santa Barbara County (2004) CONEXUS -28- May 30, 2007 0 0 CITY OF SAN JUAN CAPISTRANO COUNCIL POLICY Subject: Effective Policy Page Date Number PERSONAL SERVICES SELECTION GUIDELINES 1 of 7 9/7/04 112 It is the policy of the City Council that the following guidelines shall be used in securing qualified personal services. Guidelines to be used in securing other types of services are found in Administrative Policy #507 and Municipal Code Section 3-4.203. Personal services are defined as service contracts encompassing all contracts for any type of personal service with or without materials. I. Purpose The purpose of this policy is to establish specific guidelines for the selection of firms, individuals or other parties to provide personal services. The intent is to ensure selection of the most qualified, competent providers of quality public services at a reasonable cost. II. Definition For the purposes of this policy, personal services will include but not be limited to a wide variety of expertise and crafts. Examples include: Civil, Mechanical, Electrical, Structural, Traffic and Geotechnical Engineering Archaeology Architecture Landscape Arch itect/Arboriculturalist Community Planning and Development Financial and Economic Feasibility Personnel Legal Management Environmental Cable TV Computer Sound (Noise) Attenuation Maintenance and refurbishing of public facilities and lands Technical Assistance Surveying Inspection ATTACHMENT 3 0 0 CITY OF SAN JUAN CAPISTRANO COUNCIL POLICY Subject: Effective Policy Page Date Number PERSONAL SERVICES SELECTION GUIDELINES 2 of 7 9/7/04 112 III. Selection Process This selection process shall apply to annualized personal service agreements (Master Agreements) as well as personal service agreements for specific one- time projects. For projects estimated at $25,000 or less, staff will solicit proposal from at least three (3) qualified firms or individuals, if practicable, and at least two (2) should be evaluated and/or interviewed. For projects estimated at over $25,000, at least five (5) requests for proposals should be solicited, if practicable, and at least three (3) parties interviewed. All interested parties are to submit written proposals in response to requests for services including the fees for these services. Interviews and a subsequent recommendation to the City Manager of professional services shall be conducted by the department head responsible for the project. The following factors shall be considered and evaluated in the recommendation of an individual, firm or other party for personal services for a particular study or project: 1. Educational background; 2. Experience; 3. Demonstrated record of success on work previously performed for the City or similar work performed by others; 4. Specification of individuals who will have direct charge of the work; 5. Whether the party has adequate staff to perform the work within the time specified by the City; 6. The proposed methodology to be used to accomplish the required work, 7. The ability to make effective public presentations of the report and/or design as may be required; 0 0 CITY OF SAN JUAN CAPISTRANO COUNCIL POLICY Subject: Effective Policy Page Date Number PERSONAL SERVICES SELECTION GUIDELINES 3 of 7 9/7/04 112 S. The ability to work effectively with City staff, other public agencies, and related parties as may be required during the course of the design, study or other services; 9. Pertinent new ideas which may be presented during the course of the selection process; 10. Where appropriate, whether the party has adequate knowledge of local conditions; 11. Whether the party has available experienced, capable and acceptable professional personnel or sub -consultants as may be pertinent to the particular project, 12. Whether the party is engaged in another project which has direct and substantial relationship to the proposed project; 13. When an existing project is being modified or added to, whether the party who performed the original work should be retained for the new work on grounds of cost, detailed knowledge of the existing work or necessity of use of the same philosophy on the new work; 14. The record of keeping costs within project budgets and design estimates, 15. Ability to furnish adequate and effective construction supervision services, where such services are an inherent part of a "package" or services for which the party is employed; 16. Whether the party is working with a major developer in the City, and selection by the City for work within or adjacent to major development project would be appropriate; 17. Reasonableness of Fee Proposed. 0 0 CITY OF SAN JUAN CAPISTRANO Subject: PERSONAL SERVICES SELECTION GUIDELINES COUNCIL POLICY Effective Policy Page Date Number 4 of 7 9/7/04 112 Under the following circumstances, the selection process may be waived: a) Where a service can reasonably be obtained only from one vendor; or b) Where the service is necessitated by reason of emergency circumstances; or C) When the City has a contract with another governmental agency to provide the service on a cooperative basis; or d) Where the City Manager has presented evidence to the City Council showing that adherence to the proposal solicitation process would not produce the most economically feasible results. Contracts for services found to meet such criteria shall be submitted to City Council for their concurrence at the earliest possible opportunity. (Note: Government Code Sections 4525 and 4526 require that certain consultants may not be selected upon cost alone. These include Architectural, Landscape Architectural, Engineering, Environmental Land Services and Construction Management.) IV. Environmental Professional Selection Process (Expedited) For personal service agreements to prepare or provide peer review of environmental documents, the City may rely upon an expedited selection process. The City may develop and maintain a "List of Pre -Qualified Environmental Professionals" with whom the City may directly negotiate for the provision of professional services to prepare or review required environmental documents. In developing the "List of Pre -Qualified Environmental Professionals", the City will consider the breadth of expertise, experience in preparing and/or reviewing environmental documents for the City, and their knowledge of the City's Environmental Review Guidelines. The City will review the "List of Pre -Qualified Environmental Professionals" on an as -needed basis. 0 CITY OF SAN JUAN CAPISTRANO Subject: PERSONAL SERVICES SELECTION GUIDELINES COUNCIL POLICY Effective Policy Page Date Number 5 of 7 9/7/04 112 Upon concurrence of the applicant to use the expedited selection process, the City will select an environmental consultant for a specific project on the basis of selection factors established by Section III of this policy. The City will advise the prospective individual or firm (consultant) of their decision by phone and a "Request for Proposal" letter (certified/return receipt). The consultant must prepare and submit a proposed scope of work and cost estimate within five working days of receipt of the "Request for Proposal" letter. Upon receipt of a proposed scope of work and cost estimate from the consultant, the City will review the adequacy of the proposed scope of work and advise the consultant of any necessary revisions. The applicant will also be forwarded a copy for their review and acceptance. The City shall advise the project proponent that the consultant's proposed scope of work and cost estimate have been accepted. Upon receipt of the required funds from the project proponent, the City will execute a personal services agreement and authorize the consultant to proceed. At any time during the consultant selection process and prior to contract execution, the City or applicant may unilaterally choose to invoke the "standard selection process" as outlined in Section III. The City may take action, on an as -needed basis, to add or remove any individual professional or firm from the "List of Pre -Qualified Environmental Professionals". In such cases, staff will prepare a report to the City Manager which outlines the specific basis for addition to or removal from the list. The City will provide a copy of the report to the affected consultant(s)/consulting firm(s). V. Qualified Personal Service Provider Listings (Master Agreements) Each department shall maintain, if desired, a list of qualified personal service providers for professional and/or other personal services as needed when specific expertise is required or time constraints necessitate consultant assistance in various specialty areas. These consultants may be included in Master Agreements provided they meet the selection evaluation criteria described in Section III of this policy. i i CITY OF SAN JUAN CAPISTRANO Subject: PERSONAL SERVICES SELECTION GUIDELINES VI. Fees and Contracts COUNCIL POLICY Effective Policy Page Date Number 6 of 7 9/7/04 112 Once the department head has made a recommendation, he/she will negotiate an agreement with the party regarding the contract for the services to be rendered. This contract will be based on the fees included in the party's proposal. Where it is determined by the contracting department that disclosure categories do apply to the party, and party will be required to file disclosure statements, a paragraph shall be added to the contract declaring that the party should be considered a designated position in the conflict of interest code. The department head shall recommend to the City Manager the appropriate disclosure categories. The department head shall insure that parties are advised of the policy and of any requirements under conflict of interest codes. Where it is determined by the contracting department that disclosure categories will not apply to the party, and party will not be required to file a disclosure statement, a paragraph shall be added that requires the party to verify that there are no hidden or unknown conflicts of interest in his organization. Upon successful negotiation of a contract for services, a standard form personal services agreement, prepared by the City Attorney shall be utilized to finalize the transaction. If an agreement on the contract for services to be rendered cannot be reached, the department head shall begin negotiating with the next most qualified party. (See Section III). Master Agreements may be issued for a period of 3 years with two (2) one-year extensions and have no fixed dollar amount. An agreement shall not be executed unless sufficient funds have been appropriated in the departmental and/or the designated project account. The City Manager will have the discretion to reallocate budgeted funds and to make exceptions for unbudgeted personal services within approved budget authorization limits. 0 0 CITY OF SAN JUAN CAPISTRANO COUNCIL POLICY Subject: Effective Policy Page Date Number PERSONAL SERVICES SELECTION GUIDELINES 7 of 7 9/7/04 112 VII. Contract Approval Approval Authority for personal service contracts shall be as follows: Specific Projects $25,000 or less, City Manager approval $25,000 or more, City Council approval Provided sufficient funds have been provided in the departmental and/or designated project account, the City Manager is authorized to execute amendments to City Council approved agreements up to twenty five (25) percent of the value of the contract. Master Agreements City Council approval. City department heads may authorize requisitions for specific projects, not to exceed $50,000 per project proposal, per year for qualified consultants included on the Master Agreement provided sufficient funds have been appropriated in the departmental and/or the designated project account. The City Manager will have the discretion to reallocate budgeted funds and to make exceptions for unbudgeted personal services within approved budget authorization limits. CEQA, NEPA and Developer Deposits Due to the restrictive timetables of CEQA and NEPA process, all personal service agreements for professional services related to these processes in which the developer monetarily reimburses the City prior to the execution of the contract may be approved by the City Manager. Additionally, all other contracts related to development processing in which the developer monetarily reimburses the City prior to the execution of the contract (Applications subject to the City's Developer Deposit Program) may be approved by the City Manager. VIII. Record of Qualified Personal Service Providers Department heads shall maintain a file of names and brochures of the various qualified parties who have expressed a general interest in doing work for the City. This file will be used for purposes of soliciting personal service proposals. The department head shall have the discretion to select and limit the number of qualified firms to be kept on file and receive requests for proposals from the City. F.e .=9 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAx H,Tt ivsanluanc apistrano.org ESTABLISHED 1961 1776 AR MEMBERS OF THE CITY COUNCIL NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL SAM ALLEVATO THOMAS W HRIBAR MARK NIELSEN JOE SOTO DR. LONDRES USO The City Council of San Juan Capistrano will meet at 7:00 p.m. on July 17, 2007 in the City Council Chamber in City Hall, to consider: "Consideration of Consultant Selection for the 2008 Housing Element Update (Source Point) City Council Priority 6A" — Item No. D8. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, July 16, 2007 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Lynnette Lehmann, Management Analyst II. You may contact that staff member at (949) 443- 6324 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanouancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: cityclerk-sanivancapistrano.org. Meg Monahan, MMC City Clerk cc: Source Point'; Steven Apple, Planning Dircetor; Lynnette Lehmann, Management Analyst II Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future 0 Printed on tao°h recycled paper 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92875 (949) 493-1171 (949) 493-1053 FAx wwwsan/uancapistrana.org July 19, 2007 0 //,,,�yy Ip[OAYARPIfO �AusAIA 1961 1776 NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO MEMBERS OF THE CITY COUNCIL SAM ALLEVATO THOMAS W. HRIBAR MARK NIELSEN JOE SOTO DR. LONDRES USO On July 17, 2007, the City Council of San Juan Capistrano met regarding: "Consideration of Consultant Selection for the 2008 Housing Element Update (Source Point) City Council Priority 6A" Item No. D8. The following action was taken at the meeting: Personal services agreement with Source Point for consultant services to prepare the 2008 Housing Element Update, in an amount not to exceed $46,980, including revision to Section 15. Termination clause of the agreement revised to read "City and Consultant shall have the right to terminate...," and Exhibit A to the agreement, (page 30 of the Source Point proposal — Project Schedule and Costs — following Allocation of Work Hours (Dollar Value) — add "Unless City requires additional work or meetings that were not part of the scope of this program, Source Point will put in the effort required to achieve final approval by the State of California Department of Housing and Community Development (HCD) at no additional cost to City above the budget specified above" approved. If you have any questions regarding this action, please contact Lynnette Lehmann, Management Analyst II at (949) 443-6324 for more detailed information. Thank you, 'V Vt,tygCMnahan,MMC I rk Cc: Source Point"; Steven Apple, Planning Dircetor; Lynnette Lehmann, Management Analyst I I San Juan Capistrano: Preserving the Past to Enhance the Future 0 printed on 100% recycled paper