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10-0720_PARAGON PARTNERS, LTD._Personal Services Agreement PERSONAL SERVICES AGREEMENT THS AGREEMENT is made, entered into, and shall become effective this�day of X , 2010, by and between the City of San Juan Capistrano (hereinafter referred to A the "City") and Paragon Partners, Ltd. (hereinafter referred to as the "Consultant'). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the proposal to prepare a comprehensive update to the Relocation Impact Report for the proposed Mobilehome Park (MHP)Closure Application filed for the Capistrano Terrace Mobilehome Park,; 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. To the extentthatthere are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall continue until notified that said services are no longer required, subject to 15 days notice of termination. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed $69,710 (sixty-nine thousand, seven-hundred and ten dollars and no cents) as set forth in Exhibit "B," attached and incorporated herein by reference. 1 3.2 Method of Payment. Subject to Section 3.1, Consultant shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. 3.3 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 S. 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 iri 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. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra 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/or Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Consultant discover any latent or 2 unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the 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: E-Verifv. 9.1. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 9.2. . E-Verify. If Consultant is not already enrolled in the U.S. Department of Homeland Security's E-Verify program, Consultant shall enroll in the E-Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Consultant shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E-Verify program can be found at http://www.uscis.gov, or access the registration page at https://www.vis-dhs.com/emploverregistration. Consultant shall certify its registration with E-Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. 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 work, Consultant shall have delivered to City at least one (1) copy of any final reports and/or notes or drawings containing Consultant's findings, conclusions, and recommendations with any supporting documentation. All reports submitted to the City shall be in reproducible format, or in the format otherwise approved by the City in writing. 3 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 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. To the fullest extent permitted by law, Consultant agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, 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 damages of any nature, including interference with use of property, arising out of, or in anyway connected with the negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's agents, officers, employees, subcontractors, or independent contractors hired by Consultant in the performance of the Agreement. The only exception to Consultant's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Consultant shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the subcontractor. Insurance required herein shall be provided by 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 an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General 4 Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 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 an amount not less than one million dollars per occurrence ($1,000,000.00). 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 naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned,occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 Errors and Omissions Coverage (FOR PROFESSIONSIWORK EXCLUDED FROM GENERAL LIABILITY] Throughout the term of this Agreement, Consultant shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant shall submit an insurance certificate to the City's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 14.6 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. 5 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.8 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 Consultant. In addition, this Agreement may be terminated by any party 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: William A. Ramsey, AICP, Principal Planner To Consultant: Neilia LaValle President and CEO 5762 Bolsa Avenue, Suite 201 Huntington Beach, CA 92649 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. 6 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. CITY OF SAN JUAN CAPISTRANO By: oe Tait City Manager CONS ANT By: ATTEST: O"g & J 0 1()U�— City Clerk APPROVED AS TO FORM: 0 I'm fi A 11A Lf Omar Sandoval, ity Attorney 7 Exhibit "A" April 7, 2010 Mr. William A. Ramsey, AICP, Principal Planner City of San Juan Capistrano Community Development Department 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Subject: Proposal to Provide an Update of the Relocation Impact Report for the Proposed Closure of the Capistrano Terrace Mobilehome Park Dear Mr. Ramsey: Paragon Partners Ltd. (Paragon) is pleased to submit the enclosed proposal to prepare the Updated Relocation Impact Report (RIR) for the Proposed Closure of Capistrano Terrace Mobilehome Park as required in the RFP issued on March 24, 2010. Established in 1993 as a California Corporation and a certified Women-Owned Business Enterprise (WBE), over 75% of Paragon's project work is from repeat clients or referrals from existing clients. Our client focused and quality oriented services have enabled Paragon to grow to over 125 professionals and support personnel and, to be not only one of the largest Right of Way consulting firms in the western United States, but to also be one of the most respected. By utilizing proven professional skills and technical knowledge, its personnel provide solutions to problems and expedite achieving project objectives. Paragon's name was selected by its owners to exemplify their standards— "Paragon —a pattern of excellence." Paragon has extensive experience providing relocation planning and implementation services to public clients throughout California including the cities of Carson, Lynwood, Los Angeles, Industry, Lake Forest, Riverside, Santa Ana, and the counties of Orange, Riverside and Los Angeles. Paragon has completed numerous Relocation Impact Reports for both public and private clients in Southern California involving proposed mobilehome park closures and other developments. Paragon is currently providing mobilehome acquisition and relocation services to the cities of Sacramento and San Pablo. In summary, Paragon will commit the personnel resources to support the City of San Juan Capistrano's needs. If selected, Paragon's team, in collaboration with the City, will assure the successful delivery of the updated RIR as directed by the City. I am the contact person at Paragon during the period of proposal evaluation. If you have any questions, or require any additional information, please contact me at (714) 379-3376, ext. 201 or via email at neilia(ftaraaon-partners.com. Thank you for your consideration, Sincerely, �gI) . Neilia LaValle President and CEO 5762 Boise Avenue, Suite 201, Huntington Beach, CA 92649 Ph: 714-379-3376 www.paragon-partners.com Exhibit A r"�naeH YaWt�e�.l-�Fd. Project Understanding Paragon Partners Ltd. (Paragon) understands that the City of San Juan Capistrano (City) is seeking a relocation consultant to update the Relocation Impact Report (the Report) for the Capistrano Terrace Mobilehome Park (the Park) originally prepared by Overland, Pacific, & Cutler, Inc. (OPC) in January, 2008. The Park owner, Capistrano Terrace Ltd., (Owner) through its representative and President of the General Partner, Richard Julian, has now advised the City of its plans to move forward with the closure of the Park. This requires that the original Report be updated. The preparation of the updated Report will be in accordance with City Municipal Code Section 9-2.331 (Code) and the City's Request for Proposal (RFP). Familiarity with the Area Paragon is familiar with the area and the history surrounding Capistrano Terrace Mobilehome Park. It has worked on projects near the Park and the 1-5 Freeway such as the Oso Parkway/1-5 Project for OCTA, the Avenida Picoll-5 Interchange Study for the City of San Clemente, and the Pacific Coast Highway Streetscape Project for the City of Laguna Beach. The Park is located nearby at 32802 Valle Road, on the east side of the 1-5 Freeway and south of the La Novia/1-5 Interchange. It contains 152 space rentals. The Park is approximately eighteen acres and was constructed in the late 1950's as a travel trailer park and was subsequently zoned as a mobilehome park in the 1960's. Park History The Park's history includes a series of important events. The City first received notice of the Owner's intent to close the Park in November, 2006. From September, 2007 to December, 2008, there were discussions between the Owner and Park residents to allow the residents to purchase the Park. Lawsuits over the condition of the Park were also filed in 2007, with residents complaining about certain geotechnical and infrastructure problems. The sale to residents did not materialize and the Owner renewed its intention to close the Park. In compliance with the Code, the City solicited a relocation consultant to prepare the original report in January, 2007 and OPC completed the report a year later. A copy of the Report was given to Richard Julian shortly after its preparation to facilitate the transmittal of the Report to the Park residents. In December 2009, the City's .Housing Advisory Committee (HAC) passed a resolution directing that the original Report be updated and the Owner agreed. Two months later, the Mobile Home Sub-Committee of HAC urged all branches of City government to expedite the closure application process to address residents' frustration with the speed of the process. On March 24, 2010, the City released its solicitation for an update of the Report. City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 2 PPL Proposal to Provide an Updated Relocation Impact Report April 7,2010 �.agew l`6rlw....L�td. Scope of Work Requirements A. Project Initiation and Background As soon as possible after receiving a Notice to Proceed from the City, Paragon will propose a kick off meeting with the City Project Manager to: Discuss objectives, schedules and scope of work. a. Objective of the Project: Paragon understands the primary objective of the project to be the updating of the original Report in such a way as to comply with the Code and facilitate the closure of the Park in a fair and equitable way to both Owner and residents. This objective can be achieved through the preparation of and adherence to a very specific, detailed plan that supports residents' input while facilitating the Owner's desire to close the Park. The Report update will progress under the City's guidance from its relevant departments, the Planning Commission, and the Housing Advisory Committee. Paragon works successfully with both public agencies and private developers in various relocation projects and carefully balances both public and private interests. (Paragon has successfully relocated over 900 households in the City of Los Angeles under its Rent Stabilization Ordinance, which requires Paragon to directly interface between tenants and private landlords. Under the Rent Stabilization ordinance, landlords must directly provide relocation funds to residents and Paragon assists the City in administering the program.) b. Project Schedule: The kickoff meeting will also address the schedule for achieving this objective. This is especially important due to the lengthy history of the park closure process and the fact that there is no mechanism within the Code for closures to be put on hold. Paragon will establish tentative dates for project management meetings and public meetings. Paragon understands the diverse audiences that each type of meeting will have and will customize its message for each audience. A specific task schedule is included in Item H of this proposal. c. Scope of Work: Paragon will work the City Project Manager to thoroughly discuss and define the exact scope of work for the Project and Report. This definition process will clearly spell out what is expected and when under the schedule while also making sure the scope of work supports the objectives of the Project. The scope will identify specific deliverables and their completion dates. Periodic progress updates will be given to the City throughout the preparation of each deliverable. d. Establishing Roles and Responsibilities: At the kickoff meeting, Paragon will carefully review the City's system of internal roles, responsibilities and lines of communication. Paragon will also detail its lines of communication and the roles of each of its staff members. Project Director Darryl Root and Project Manager David Hudson will be the central points of contact for the City. These managers will be constantly available to the City not only at formal City meetings but also through phone, fax and email to answer any question or concern the City has on a real time basis. Each will have the responsibility and authority to carry out the City's directions on the Project and to make timely, useful recommendations as the Report process progresses. City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 3 PPL Proposal to Provide an Updated Relocation Impact Report April 7, 2010 Paragon believes strongly in the philosophy and objective of"Results, not excuses'. Clear and direct communications are the foundation of achieving results. Paragon has years of experience clearly and concisely communicating important relocation and planning objectives. For the City of San Pablo, both Mr. Root and Mr. Hudson attended City Council Meetings and explained to mobilehome park residents, Council persons, planners and the general public how the parks would close and what benefits would be extended to qualified residents. Both were required to outline how the closure would occur under applicable regulations, when important events would happen and the impact these events would have upon the City and the park residents. Similarly, Mr. Root and Paragon staff were required to address residents of the 100 Palms Mobilehome Park during the Riverside County EDA's acquisition and closure of that park. One such meeting was conducted at the beginning of the project and the other meeting occurred the morning after a fire broke out in the park and rendered half of the park dwellings uninhabitable. Under the direction of the EDA, Paragon personnel found temporary housing for all residents displaced by the fire by the end of the day and found permanent housing for all residents displaced by the closure. This experience and other relevant project information is further detailed later in the project experience section of this proposal. Other Paragon staff have also spoken in front of numerous boards and commissions, including the Los Angeles Board of Airport Commissioners, Los Angeles Unified School Board, Metropolitan Water District and the Alameda Corridor East Board. The presentations before these groups were the culmination of collaboration between Paragon staff and planners. These communications were facilitated by the fact that many of Paragon's staff have law degrees, MBA's or other advanced degrees. This gives Paragon a clear advantage over other consultants when discussing the application of regulations and codes to specific situations. Paragon's relocation presentations and impact reports have been approved by other state and federal agencies without major changes being necessary. These impact reports prepared for Caltrans, through various engineering prime consultants, include reports for the 1-710, SR-91, Centennial Parkway, Rosedale Highway, and First and Sixth Streets for the City of Los Angeles. These reports thoroughly discussed the impact of the projects on displacees and detailed the benefits and availability of replacement sites for hundreds of residential and non-residential occupants. B. Introduction Letter/Household Survey Paragon will submit a draft introductory letter for review and approval to the City's Project Manager. The purpose of the introductory letter will be to advise residents of the need to update the Report and gather survey information to help facilitate the update of the Report and the displacees' eventual relocation. Following the City Project Manager's approval of the draft letter of introduction, Paragon will mail the letter and the head-of-household survey by first-class mail along with a self addressed stamped envelope. A deadline for responding to the survey will be suggested by Paragon and approved by the City Manager. A household will be deemed non- responsive if it does not respond fully within the response period. For non-responsive households, Paragon will use all reasonable efforts to follow up. These methods include telephone calls, e-mails, and site visits, if necessary, to obtain the information. A minimum of two attempts to follow up with the non-responsive household will take place. In instances where Paragon has made and documented two follow up attempts, or in cases where the resident refuses to provide the information, Paragon will use information provided by the Owner or another verifiable source. (Paragon has experience with the use of secondary sources to City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 4 PPL Proposal to Provide an Updated Relocation Impact Report April 7,2010 provide information for relocation impact studies. Its Draft Relocation Impact Reports (DRIR) for state highway projects use secondary sources only because the Caltrans Manual forbids contact with residents until a Final Draft Relocation Impact Report (FRIR) is completed and a final alignment is chosen. In addition, Paragon uses third party verification procedures to confirm certain information it uses in its Oakland Housing Authority Project. This project involves confidential information concerning over 1400 households.) The survey will include questions on: • The names, age, and gender of all household members. • Gross household i ncome for all household members. • MD-diagnosed disability or chronic illness of any household member. • Distance(s) to employment of each household member, and neighborhood services. • Special needs of the household. • Current monthly space rent and total utility costs (i.e. natural gas, electricity, water, sewer, telephone, intern et access and/or cable television). • Outstanding installment loans including the term and amount of periodic payments. • The type and amount of housing subsidy received by the household or any member of the household. The letter will assure the confidentiality of the responses. Paragon performed similar tasks for the City of San Pablo for nearly 250 park residents affected by the purchase of the two parks (Circle S and Alvarado) by the City. Paragon was successful in gathering large amounts of data from residents by building a rapport with them through community meetings, City Council meetings and individual counseling sessions. (The San Pablo Project Director, Darryl Root, and Project Manager David Hudson, are also proposed on this project.) The trust engendered by Paragon's specific and detailed answers to residents' questions and Mr. Hudson and Mr. Root's abilities to ease frustration and fears about the relocation process resulted in obtaining survey information from all 250 affected households. Paragon's work on the Hood Trailer Park in Sacramento yielded the same results in gathering survey information. In both cases, Paragon implemented strict security measures on access to confidential information by employing its Paragon Data Quest! (PDQ) information system. The information was only accessible to a limited number of authorized Paragon personnel and City staff members. Project Management and Project Trackina System Paragon proposes to utilize its proprietary Project Management software Paragon Dataquest! (PDQ) to efficiently track and manage all data concerning residents' responses to surveys, mobilehome value estimates, relocation estimates and all other pertinent Report factors. PDQ is able to easily generate reports based upon a number of variables and assists in analyzing and interpreting data. It can also track all milestones, deliverables, and generate individual schedules for each project task. If requested by the City, PDQ can also store all of this information on a password protected internet platform so the progress of the project can be tracked by authorized users at any time. City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 5 PPL Proposal to Provide an Updated Relocation Impact Report April 7, 2010 1 ii'oy01�FT Lh{R.L.aCtI. C. Fair Market Value Appraisals Paragon will give notice to proceed to its Furniture, Fixture and Equipment (F&E) Appraisers to estimate the fair market value of each mobilehome and all real property improvements. The appraiser will contact all heads-of-households to inform them of the need to conduct an inspection on the condition of the mobilehome, including both the outside and inside of the coach. The appraiser will gather information including age (years), date of manufacture, type (manufactured or mobilehome or single, double, or triple-wide.) Paragon was instrumental in assisting its F&E appraiser in San Pablo gain access to the inside of mobile homes for appraisal purposes. Some residents were fearful that they would not receive fair compensation for their unit and did not understand the valuation method being used. Paragon explained the appraisal process and every resident granted access to his or her unit. The standard for appraising the San Pablo units was the same as requested here. Paragon has chosen Hjelstrom and Associates to perform the fair market appraisals of the units. Hjelstrom and Associates has over 50 years of experience valuing mobile homes and other items of F&E. They are an Orange County-based firm, located in Laguna, Hills, less than 15 minutes away from the project site. They have valued hundreds of mobilehomes in Southern California for various projects including: • Long Beach, approximately 40 mobilehomes, for a redevelopment project. • Pismo Beach, approximately 80 mobilehomes, for a redevelopment project. • Palm Springs, approximately 50 mobilehomes, for a redevelopment and road widening project. • Lake Perris, one mobilehome involved with a road widening project for the city. They have thoroughly studied the original Report and have reviewed the values placed upon each individual unit and are familiar with the Park and the kinds of mobile units located there. The Code specifies that the updated Report must contain the fair market value of each mobilehome and "all associated fixed property." This type of property may include awnings and carports or other features that must be accounted for in the appraisal. It is unclear in the original report if this associated property was contained in the fair market value assigned to each coach, but the Code makes it clear it should be. D. Estimated Cost to Relocate the Mobilehomes Paragon in consultation with its Relocation Cost Estimator, Richey Construction, (Richey) will determine which mobilehomes can and cannot be relocated to another mobilehome park based on condition and age, among other factors. Richey will then estimate the cost of moving those mobilehomes that they have determined are physically capable of being moved. The relocation estimator will visually inspect all mobilehomes. Paragon has worked for years with Richey to relocate hundreds of units from the Circle S and Alvarado Mobile Home Parks and the Hood Trailer Park in Sacramento. Richey has a full team of employees who have both demolished units in place and set up new units for hundreds of park residents. Richey also specializes in re- setting used mobilehomes in new parks. E. Market Research Paragon will conduct a market survey of comparable mobilehome parks offering rental spaces within a 50 mile radius of the City limits to gather the following information: City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 6 PPL Proposal to Provide an Updated Relocation Impact Report April 7,2010 �rw�e.��h....•old. • Park name, location and address • Distance of the park from Capistrano Terrace • Total leased spaces and num ber of current vacancies • Current lease rates, renewal provisions and terms • Policies and restrictions on the relocation of existing mobilehomes onto available mobilehome leases sites in the park Paragon will also review listings for mobilehomes for sale and discover the actual sale prices paid for units comparable to those found in the Park. For both the listed mobilehomes and the sold units, Paragon will note the gross square footage, age, and sale date, if applicable. Paragon will also survey the surrounding area for the availability and rental rates for replacement dwellings. Paragon obtained exactly this sort of information from hundreds of mobilehome parks in Orange, Kern, Riverside and San Bernardino Counties for a private client who was considering closure of two mobilehome parks with 250 units in Anaheim. The client ,who wishes to remain anonymous, was represented by Palmieri, Tyler, Wiener, Wilhelm & Waldron, LLP (Palmieri). Paragon prepared a Conversion Impact Report (CIR) for Palmieri and the client. Ultimately the client decided not to pursue closure due to political pressure. Prior to the abandonment of the closure process, Paragon was on a first name basis with many park owners due to the regularity with which its staff sought out available rental spaces. in addition, Paragon's extensive contacts throughout the mobilehome park industry give it access to open rental spaces prior to any general announcement of availability. Likewise, Paragon has worked with a large number of used and new mobilehome brokers on various projects. These brokers are often a reliable source of information on specific sales prices and on the mobilehome market in general. These brokers also are able to provide project displacees with better pricing than members of the general public due to the possibility of selling a higher number of units once the closure process progresses. F. Relocation Impact Report Preparation Paragon will include a discussion and analysis of all elements listed in the Code including an evaluation of the survey results and consideration of appropriate measures to mitigate the impacts of the closure. The evaluation of the survey results and the mitigation measures will be based upon all relevant factors discovered during the research process. Prior to the submission of the Working Draft to the City, Paragon will submit its detailed findings and proposed mitigation measures to the City's Project Manager. After this submission, Paragon will make all corrections and submit the proposed Public Review Draft Relocation Impact Report (PRDRI). After public review and City Council action on the PRDRI, Paragon will submit its Final Relocation Impact Report. Paragon will draw upon its expertise with impact reports and relocation plans to help it make specific, actionable recommendations for the City. For example, the Anaheim ordinance governing the preparation of the CIR for Palmieri is very similar to the City's municipal code sections governing park closures. Like the City's code provisions, the Anaheim code required a lot of information on the park properties to be closed, such as maps of the properties, onsite features and amenities, the number or spaces within the park, lease rates for the spaces, and the number of residents. Both the City's municipal code and the Anaheim code required research into the location of comparable mobile home parks and the availability of spaces in City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 7 PPL Proposal to Provide an Updated Relocation Impact Report April 7,2010 these parks. Paragon was able to contact and become familiar with over 214 different mobile home parks in Orange, Los Angeles, Kern, San Bernardino and Riverside Counties. Therefore, extensive recent research into the vacancies and amenities in each of these parks is readily accessible to Paragon. As part of its work on the CIR, Paragon also contacted a multitude of conventional rental properties in order to offer referrals to residents who rented homes in the park. Both the Anaheim and San Juan Capistrano codes require the determination of costs for relocating the mobile homes and reinstalling certain amenities such as porches, etc. Each code also requires a list of proposed measures to mitigate the adverse impacts of the conversion upon park residents. Through the preparation of the Anaheim CIR, Paragon reinforced existing skills with researching replacement parks and their requirements for new entrants; the process and costs of the set up and tear down of mobile homes; the connection of utilities; and a host of other mobile home relocation issues. Paragon also built up a network of relationships with mobile home park dealers, real estate agents, and park managers within a large radius. Paragon gathered similar information for its CIR for the Sacramento Housing and Redevelopment Agency (SHRA)'s Hood Trailer Park project. The CIR, however, was prepared pursuant to the State's Mobile Home Residency Law (MRL) as there was no applicable municipal or county ordinance. The CIR was approved by the Sacramento Planning Commission with few changes required. Based upon its initial performance, Paragon was also awarded the relocation implementation and property management contracts. A reference letter commending this performance is located in the References Section of this proposal. One of the most important features of the updated Report will be the mitigation measures proposed. The original Report suggested general mitigation measures but did not fully address the most pressing issue for residents. That issue is centered around the fact that, due to the age of the mobilehomes, many replacement parks will not accept the unit. This leaves the resident with a gap between the fair market value of the unit and the funds required to purchase a new or newer mobilehome. Paragon would mitigate this dilemma by advising residents of other government programs which assist them in buying replacement homes such as First Time Home Buyer Programs, mortgage credit certificate programs, etc. Using these programs and others, Paragon was able to help 70% of the San Pablo park residents obtain a conventional or new mobilehome with loans that they could afford. G. Public Meetings Paragon's Project Director and Vice President, Darryl Root, will attend two public information meetings pursuant to the Code and will attend three public meetings to provide technical and professional support to the HAC, Planning Commission, and City Council. H. Schedule Presented below is Paragon's detailed schedule of all tasks and their durations, which includes time for City review of a Working Draft Relocation Impact Report, Public Review Period for the Draft Relocation Impact Report, Committee/Commission review and final action on the Draft Relocation Impact Report. City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 8 PPL Proposal to Provide an Updated Relocation Impact Report April 7, 2010 Task Deliverable Date City selection of Notice to Proceed Approximately April 20 Consultant To prepare (Must be within 90 days of Relocation Impact Report written Request of Applicant) City Notification of Notice to Residents Approximately April 20 Residents that Preparation of a Relocation Impact Report will begin Paragon Kickoff meeting List of Objectives, Schedules, April 21 -April 28 with City, Preparation of Scope of Work, Delineation of Final Objectives and City and Consultant Roles and Schedules Responsibilities, Confirmation of Project Deliverables, Dates, including Draft Relocation Impact Report; Establish Dates for Project Management Meetings, Public Meetings and Mobilehome Park presentations Preparation and Draft Letter and Survey April 30 Transmittal to City of Draft Introduction Letter and Household Survey Begin Market Research Market Research April 30-July 17 based Upon Information in Original Report City Review of Draft Letter Approved Letter and Survey May 7 and Survey First Informational Public Public Meeting May 8 Meeting Mailing of Letter and Notification of Residents May 7 - May 10 Survey First Professional/ Discussion of Project Progress May 11 Technical meeting with the HAC/P(anning/City Council Receipt of Survey Data Preparation of Survey Database Ma 11 - May 18 Follow up with Non- May 18 - May 25 Responsive Households Organization and Analysis Survey Conclusions May 11 - May 25 of Survey Data Notice to Proceed Given to Notices to Proceed May 25- July 10 Appraiser and Relocation Estimator to Begin Work Preparation of Initial Preliminary Conclusions July 10 -July 17 Findings Findings Given to City's Review of Preliminary July 17-July 24 Project Director I Conclusions City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 9 PPL Proposal to Provide an Updated Relocation Impact Report April 7, 2010 .....r ice. Task Deliverable Date Preparation of Draft Draft Relocation Impact Report July 25-August 14 Relocation Impact Report City staff review Corrections to Draft Relocation August 15-August 29 Impact Report Inclusion of City Public Review Draft Relocation August 30 Comments into Draft Impact Report Relocation Impact Report Second Professional/ Discussion of Public Review August 30 Technical meeting with the Draft Relocation Impact Report HAC/Plannino/City Council Public Review of Draft Public Review Period August 31 - September 14 Relocation Impact Report Committee/Commission Approved Report Septemberl5 - September Action on Draft Relocation 29 Impact Report/Inclusion of Public Comments Transmittal of Approved Transmission of Report September 30 Report To Applicant/Owner Owner distribution of Report Distribution October 1 - 15 Report (Must not be less than 30 days prior to Planning Commission Hearin Second Informational Public Meeting October 16 Public Meeting (Must not be less than 14 days prior to Planning Commission Hearin Third Professional/ Discussion of Final Report November 19 Technical meeting with the HAC/Planning/City Council Planning Commission Approved Final Report November 23 Hearing Approval of Report and Application I. Proposed Budget Paragon's detailed budget which outlines its all tasks, staff assignments and related costs and its not to exceed project cost can be found in the Fee Proposal section of this proposal. J. Information Provided by the City or Applicant(Owner) Paragon understands that either the City or the Applicant(Owner)will provide; • a legal description of the Park; • a base map with a detailed description of the condition of the Park indicating the location of structures, landscaping, easements, utilities and other onsite features and amenities; • a copy of the current, executed rental agreement for each leased space in the Park; • the length of occupancy of each space and its monthly rental rate; • and all the information prepared by OPC in electronic format. These items will provide the basis of Paragon's updated Report. City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 10 PPL Proposal to Provide an Updated Relocation Impact Report April 7, 2010 K. Relevant Project Experience ib ec "; rcloct Description Redevelopment Alvarado Mobile Home Paragon is finishing relocation Agency of the City of Park and the Circle S assistance services for the Circle S San Pablo Mobilehome Park Project mobilehome park and the Alvarado mobilehome park. The City plans to redevelop the 16 acres into a brand new residential community. Paragon is providing relocation planning and assistance services for the Alvarado Mobile Home Park for 49 units, including 8 travel trailers and for the Circle S Project affecting a total of 250 displacees, including a Salvation Army Thrift Store. Sacramento Housing San Juan Motel/Hood Paragon provided relocation services and Redevelopment Trailer Park Project for the relocation of 23 trailer park Agency households at the Hood Trailer Park and nine (9) resident households at the San Juan Motel. Paragon also provided acquisition services for 19 trailers. Riverside County 100 Palms-Thermal Paragon provided relocation and Economic Trailer Park Interim property management Development Agency services for the Thermal area of Riverside County in connection with the relocation of approximately 35 mobilehomes, 15 huts, an auto tire shop and a small commercial market. L. References Sacramento Housing and Redevelopme-nt City of San Pablo Agency Sonya Rivas Sandy Lee Redevelopment Analyst, Special Events Relocation Coordinator Coordinator 630 1 Street 13831 San Pablo Avenue, Building 3 Sacramento, CA 95814 San Pablo, CA,94806 .(916) 440-1399 (510) 215-3200 Riverside County Economic Development Palmieri, Tyler, Wiener, Wilhelm &Waldron, Agency LLP Janet Parks Ryan Easter Redevelopment Coordinator 603 Main Street, East Tower, Suite 1300 1325 Spruce Street Irvine, CA 92714 Riverside, CA 92507 (949) 851-9400 951 955-8916 955-8916 City of San Juan Capistrano-Capistrano Terrace Mobilehome Park Page 11 PPL Proposal to Provide an Updated Relocation Impact Report April 7, 2010 T�p7Vh�Y��M J-J fNt. Reference Letter from Mabel Furr FROM THE DESK OF MABEL FURR April 7,2010 William S. Ramsey,AICP,Principal Planner Community Development Department 32400 Paseo Adelanto San Juan Capistrano,California 92675 Re: Recommendation of Paragon Partners Ltd, Dear Mr. William A.Ramsey: 1 have worked with the Sacramento Housing and Redevelopment Agency(SHRA)for fourteen years as their Redevelopment Coordinator. I retired in December of last year. SHRA has worked with Paragon Partners Ltd.(Paragon)on various relocation projects. Perhaps the most challenging project was the San Juan Motel and Hood Trailer Park Relocation Project. This project involved 9 relocations from a small motel and 23 relocations at an adjacent mobile home pati[. It was necessary for Paragon to write a Conversion Impact Report for the project. The CIR(CIR)prepared by Darryl Root, Relocation Director,and his staff was very comprehensive and well planned. It addressed the needs of the residents and conformed to all applicable regulations. The plan outlined a reasonable schedule for the relocations of the park. The CIR was approved the first time with very few changes being necessary by the Sacramento Planning Department. Paragon met all scheduling dates and their budget for the project. In addition to the Conversion Impact Report,Paragon performed the relocation services and property management services. Both of these services were performed very well and each service was performed on schedule and within Paragon's budget. Paragon also met the amounts listed on their relocation benefit cost estimates. Due to the extremely blighted conditions of the area,this was one of the most challenging projects ever undertaken by SHRA.All residents of the park were very low income individuals,many of whom had substance abuse problems.All residents were moved out on schedule and the project had no relocation appeals. I am very happy to strongly recommend Paragon Partners Ltd,for the assignment to update the City's Relocation Impact Report. Sincerely,I&a / vlu� Mabel Furr Retired Relocation Coordinator for SHRA 916-452-5459 City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 12 PPL Proposal to Provide an Updated Relocation Impact Report April 7, 2010 Reference Letter from Sonia Rivas UJ c> U o ClTYaFSAN PABLO LL. April 2,2010 W William S.Ramsey,AICP,Principal planner Community Development Department ` 32400 Paseo Adelanto r San Juan Capistrano,California 92675 Re: Recommendation of Paragon Partners Ltd. ZDear Mr.William A.Ramsey: DThe Redevelopment Agency of the City of San Pablo("Agency')identified Paragon Partners Ltd.("Paragon')through an invitation only Request For Proposal to provide relocation services for two separate mobile home parks comprised of 260 units and a large commercial site in 2006. OSome of the challenges presented to Paragon included a re-tenancy of certain households, U adhering to promises made by the Council,and a phased planned development that was to occur concurrently with the relocation. After an initial rough start by a previous consultant,the Project Manager,David Hudson, stepped in to review the project and its specialized intricacies. After a few preliminary discussions,Mr.Hudson returned to the Agency with a plan and recommendations to relocate our tenants in a more efficient manner than the Agency had anticipated. Prior to the inception of services,Mr.Hudson had gathered his team of relocation specialists,prepared an extensive schedule of comparables organized by number of bedrooms,finalized the notices of eligibility and had them translated into Spanish, prepared a draft Relocation Plan,prepared a benefit calculation cheat sheet for staff,and established an office on site to better meet the needs of the tenants. The relocation plan carefully laid out the steps to be taken under state law in order to efficiently relocate the impacted tenants. Mr.Hudson even made it his personal goal to finalize the project on time and under budget for both Paragon's fees and the relocation benefits estimated for displacees. Our current records reflect that the goal is on track. Paragon's staff are professional,very knowledgeable,efficient and most importantly, personable,essential when dealing with a large diverse group of people. Mr.Hudson has gained the respect of our families,seniors and City Staff because of his personable and caring personality and genuine interest in helping his clients during this stressful change 13631 Sen Pablo Av ,Building 3•San Pablo,CA 94506 Mtn:510.215-3030•Fax;510-235-9417 w A.Sar Pabloxam City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 13 PPL Proposal to Provide an Updated Relocation Impact Report April 7, 2010 `�tlrye�rlv�sry.�-�kd. in their lives. Mr.Hudson and his relocation specialist Ms.Yolanda Flores are both fluent in Spanish and have been instrumental in assisting our Spanish spealang clients to help them understand the relocation process and ease their fears about moving and fair treatment. It is with great pleasure that the Agency recommends Mr.David Hudson and Paragon Partners to provide excellent professional relocation services to any project. R e spectfully, SCXa1ua a� c/ Redevelopment deveellopment Analyst cc: Paragon Partners Ltd David Hudson Yolanda Flores City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 14 PPL Proposal to Provide an Updated Relocation Impact Report April 7,2010 M. Proposed Key Personnel Darryl Root, J.D.. MBA, RW/RAC, Proiect Director Darryl Root has more than 20 years of professional real estate experience in both the public and private sectors involving real estate sales and acquisition of right of way, easements and fee property, as well as residential and commercial relocation assistance. He has managed acquisition/relocation projects for municipalities, county and state agencies and has extensive experience in eminent domain cases and procedures. Mr. Root has successfully managed both large and small projects involving multiple projects and agencies. Mr. Root has managed several mobilehome park relocation projects in both Northern and Southern California and the Bay Area. Mr. Root has served as Project Manager for the Los Angeles Unified School District and supported the real estate program for the Alameda Corridor East-Construction Authority. David Hudson, Proiect Manager David Hudson has 10 years of experience providing relocation assistance services. He has personally negotiated and processed over 178 relocation settlement cases during an 18 month period, partially offsetting a high dollar operating deficit for the Los Angeles World Airports (LAWA). Mr. Hudson created and executed full-service relocation plans for multi-family residences and commercial businesses for private developers and public agencies. He has negotiated, facilitated and dispersed $20 million dollars in residential relocation funds for community redevelopment and located, researched and negotiated property acquisitions for public agencies and private developers. Mr. Hudson served as the Project Manager for the Circle S and Alvarado Mobilehome Relocation projects. Mr. Hudson is bilingual in English and Spanish. Arturo Perez, Principal Residential Relocation Agent Mr. Perez is responsible for managing various projects and client interface. He has been responsible for business, residential homeowner, and tenant relocation cases. His duties include replacement site selection, calculation of benefit payments, coordination with moving companies, inspection of replacement housing sites, and extensive file documentation. Mr. Perez has over seven years of diversified relocation experience. He has worked on several mobilehome park projects including projects for the cities of Oxnard, San Pablo, Sacramento and Riverside County. Mr. Perez speaks and writes fluently in English and Spanish. Konstantin Akhrem, QA/QC Manager Konstantin Akhrem has seven years of experience as a Relocation Specialist in Right-of-Way projects and a total of 10 years of experience in the Real Estate field and local housing market in various capacities including real estate sales, residential mortgage financing and property management. Mr. Akhrem is knowledgeable in all aspects of public relocation and he is experienced in implementation of both state and federal relocation regulations under the California Government Code 7260, and Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA). He is familiar with relocation policies procedures of various Public Agencies, including HUD, FAA, Caltrans, and LAUSD. Mr. Akhrem is well versed in California Landlord-Tenant Law, Fair Housing laws, relevant provisions in California Heath & Safety Code and the Los Angeles Rent Stabilization Ordinance. To date, Mr. Akhrem has worked on over 1,400 residential relocation cases, many of them were mobilehome displacees. City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 15 PPL Proposal to Provide an Updated Relocation Impact Report April 7,2010 Organization Chart The Paragon team members and lines of communication and authority are described in the Organization Chart below. Project "�W s �'a, Ar} , > �Y�. �` � �bv2as�Senvic�s' Arturo Perez,Pnal 1 g nci� sk eh a�l#§9gc on, n ��r3",on fiJe7str6ryWlelstrom&Associates, KonStpnhn Akhretri pt isal5 s ;� : L t �4 l5 i fi d e Cri�Chopg olanda��l1 MineVillalol�OW,l�roj b if{'To '' 03 _4 P*ATING igheyConsfruction, ' �.; ltelq r7E§filnatot x .t�ss,ad�x . r, �. M, • ro 1 Kay Perocnnel ": Mr. Root and Mr. Hudson will direct the activities of each team member and update them on decisions reached with the City's Project Manager. All team members will treat the Park residents in a uniform way with respect and dignity. All staff members will understand the lines of project communications and adhere to all project guidelines. Paragon's Quality Control Manager, Konstantin Akhrem, will ensure that all deliverables are accurate, on time and within budget. Full resumes for proposed Key Personnel is included in section N of this proposal. City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 16 PPL Proposal to Provide an Updated Relocation Impact Report April 7, 2010 Exhibit "B" Cost Proposal Tas Fee' Preparation of Relocation Impact Report $20,885 Appraisals of Mobilehomes $38,000 Relocation Estimation $7,600 Attendance at two (2) Informational Public Meetings $1,050 Attendance at three (3) Professional/Technical Meetings $1,575 Budget for Other Reasonable Expenses $600 Total $69,710 Assumptions • Paragon's scope of work includes research for and preparation of the Updated Relocation Impact Report (RIR). Other activities required by the housing specialists in City Municipal Code Section 9-331 after the approval of the RIR are not within the scope of the RFP. • Paragon assumes reasonable access to pertinent records in the possession of the owner and City. • Paragon assumes two informational public meetings and three technical meetings with the City. Paragon will be in frequent communication (phone, fax and email) with all relevant stakeholders during the preparation of the RIR. • Paragon assumes the park has 152 occupied spaces. • Paragon assumes value estimates are needed for 152 different mobile homes. Vacant spaces will reduce the appraisal fees required for the project. City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 17 PPL Proposal to Provide an Updated Relocation Impact Report April 7, 2010 I-C'f�ON T'aTLN{e�J�kA. Fee Schedule GlHourly Ra Principal/Project Director/Corporate Broker $165.00 Manager $150.00 Principal Acquisition Agent $115.00 Senior Acquisition Agent $ 95.00 Acquisition Agent $ 85.00 Principal Relocation Agent $115.00 Senior Relocation Agent $ 95.00 Relocation Agent $ 85.00 Senior Title Agent $ 95.00 Title Agent $ 85.00 Project Coordinator $ 75.00 Right of Way Engineer, P.E. $140.00 Senior Right of Way Engineer $120.00 Associate Right of Way Engineer/GIS Specialist $ 95.00 Right of Way Engineering Technician $ 75.00 Senior Appraiser $140.00 Associate Appraiser $125.00 Administrative Support $ 65.00 Office Clerk $ 50.00 IT Support $110.00 Depositions and Court Testimony $250.00 �:. a Direct Ch, Copies (Xerox $0.15 each Pagers/Cellular @ Cost D & E Size Copies @ $5.00 each Air Travel & Lodging Cost Real Estate Data Services @ Cost+ 15% Mileage @ $0.50 per mile* Telephone/Fax @ Cost Sub-Consultants @ Cost+ 15% Postage/FedEx @ Cost Other Expenses @ Cost+ 15% *Or current IRS allowable Terms of Payment — Net 30 days. Invoices will be submitted monthly. All rates are effective as of January 1, 2010. Rates will be revised annually on January 1, 2011 to reflect increases in the cost of living and current business conditions. Overtime for applicable labor classifications will be charged at 1.5 times the hourly rate in accordance with California law. City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 18 PPL Proposal to Provide an Updated Relocation Impact Report April 7,2010 ucc-":3o 7/20/2010 AGENDA ITEM D5 TO: Joe Tait, City Manage FROM: Grant Taylor, Development Services Director SUBJECT: Continued Consideration of Award of Contract for the Preparation of a Comprehensive Update of the Capistrano Terrace Mobilehome Park Relocation Impact Report (CONTINUED FROM THE MAY 18, 2010 CITY COUNCIL MEETING). RECOMMENDATION By motion, approve the selection of Paragon Partners, Ltd. for preparation of the Update to the Capistrano Terrace Mobilehome Park Relocation Impact Report in an amount not to exceed $69,710; and authorize the City Manager to execute the Professional Services Agreement. SITUATION The City had previously contracted with Overland Pacific & Cutler, Inc. (OPC) at the applicant's cost to prepare the Relocation Impact Report for the proposed closure of the Capistrano Terrace Mobilehome Park. The "Park" provides 152 mobilehome space rentals located at 32802 Valle Road on the east side of the 1-5 Freeway just south of the 1-5/1-a Novia Avenue/Valle Road northbound (NB) hook ramps. Following an eighteen month hiatus, in December 2009, after being advised by the City to either withdraw or move the application forward, the park owner advised the City of their decision to move forward with the project. Because of the substantial period of time that had passed, staff determined that the Draft Relocation Impact Report, prepared in Spring 2008, no longer contained timely information on which the original assessment was based and the report needed to be comprehensively updated. City Council continued consideration of this item at the May 18 meeting to allow the applicant to confirm that they desire to move forward with the project. Staff recommends that the City Council approve the selection of Paragon Partners, Ltd. for preparation of the Update to the Capistrano Terrace Mobilehome Park Relocation Impact Report and authorize the City Manager to execute the Professional Services Agreement (see Attachment 1, Professional Services Agreement with Paragon Partners). REQUEST FOR PROPOSAL PROCESS The preparation of Relocation Impact Reports is a specialized field of consulting work undertaken by a limited numbers of firms in the region. In 2007, the City retained Overland Pacific & Cutler, Inc. who prepared the 2008 Relocation Impact Report. In Agenda Item page 2 July 20 2010 December, staff contacted Overland Pacific & Cutler, Inc. and requested a proposal for updating the Relocation Impact Report. OPC subsequently advised staff that their firm's work commitments and staffing would not allow them to take on this additional work. Because OPC declined to submit a proposal for updating the Relocation Impact Report, staff proceeded with soliciting proposals for completing the update of the Relocation Impact Report from five other consulting firms that specialize in mobilehome park relocation studies. The City established a proposal submission deadline of Wednesday, April 7 and in response to the Request for Proposals (RFP), the City received proposals from all five solicited firms including: • Del Richardson & Associates, Inc. • Epic Land Solutions, Inc. • Paragon Partners Ltd. • Shober Consulting, Inc. • Spectrum Land Services Staff evaluated the five proposals for consistency with the City's scope of work requirements and the consultant selection criteria established by City Council Policy 112. Two of the five proposals were incomplete and did not meet the basic requirements of the Request for Proposals (RFP). Staff also conducted conference call interviews with the three firms that submitted qualifying bids consistent with the requirements established by the RFP. Although any of the three qualifying firms would be more than capable of completing the work required by the RFP, as a result of the proposal evaluation process, staff concluded that the Paragon Partner's, Ltd. proposal rated highest while also being the least expensive of the three qualifying proposals. After the park owner has deposited the required contract funds, the Professional Services Agreement will be executed and staff will provide Paragon with a Notice to Proceed. At the April 20 meeting, City Council continued consideration of this item in response to a letter from Sally Rather Garibaldi raising an issue as to the disclosure of park ownership. The mobilehome park closure application has been previously signed by Mr. Richard Julian, as the President of Capistrano Terrace, LLP, and Mr. Julian has confirmed that he is still President of Capistrano Terrace, Ltd. Staff has also verified with the Secretary of State website that Mr. Julian serves as the sole agent for Capistrano Terrace, Ltd., A California Limited Partnership (see Attachment 2, California Secretary of State, Business Entity Listing, Capistrano Terrace, Ltd., A California Limited Partnership). The City Attorney has also previously advised staff that when the owner of a property is a Limited Partnership (LP), the general partner transacts business on behalf of the LP. Consequently, Mr. Richard Julian's signature is sufficient and the City Attorney has determined that no more ownership information is required. Paragon Partners, Ltd. has also reconfirmed to City staff that they do not now, nor have they had in the past, a Agenda Item page 3 Julv 20 2010 contractual relationship with the property owner who will be funding the Relocation Impact Report. NOTIFICATION Notification has been provided to the following: Richard Julian, Capistrano Terrace Ltd. (park owner) Sally Rather, Capistrano Terrace Mobilehome Park Resident's Association Jess Lopez, Capistrano Terrace Mobilehome Park Resident's Association Del Richardson &Associates, Inc. Epic Land Solutions, Inc. Paragon Partners Ltd. Shober Consulting, Inc. Spectrum Land Services Vicki Talley RECOMMENDATION By motion, approve the selection of Paragon Partners, Ltd. for preparation of the Update to the Capistrano Terrace Mobilehome Park Relocation Impact Report in an amount not to exceed $69,710; and authorize the City Manager to execute the Professional Services Agreement. Respectfully submitted, Prepared by, Grant Taylor William A. Ramsey, AICP Development Services Director Principal Planner Attachments: 1, Professional Services Agreement with Paragon Partners, Ltd. 2, California Secretary of State, Business Entity Listing, Capistrano Terrace, Ltd., A California Limited Partnership. PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made; entered into,and shall become effective this_day of ' 2010, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Paragon Partners, Ltd. (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the proposal to prepare a comprehensive update to the Relocation Impact Report for the proposed Mobilehome Park(MHP)Closure Application filed for the Capistrano Terrace Mobilehome Park,; 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. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall continue until notified that said services are no longer required, subject to 15 days notice of termination. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed $69,710 (sixty-nine thousand, seven-hundred and ten dollars and no cents) as set forth in Exhibit "B," attached and incorporated herein by reference. 1 ATTACHMENT 3.2 Method of Payment. Subject to Section 3.1, Consultant shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. 3.3 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 S. 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. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra 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/or Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Consultant discover any latent or 2 unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the 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; E-Verify. 9.1. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 9.2. . E-Verify. If Consultant is not already enrolled in the U.S. Department of Homeland Security's E-Verify program, Consultant shall enroll in the E-Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Consultant shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E-Verify program can be found at http://www.uscis.pov, or access the registration page at https://www.vis-dhs.com/emploverreQistration. Consultant shall certify its registration with E-Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. 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 work, Consultant shall have delivered to City at least one (1) copy of any final reports and/or notes or drawings containing Consultant's findings, conclusions, and recommendations with any supporting documentation. All reports submitted to the City shall be in reproducible format, or in the format otherwise approved by the City in writing. 3 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 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. To the fullest extent permitted by law, Consultant agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, 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 damages of any nature, including interference with use of property, arising out of, or in anyway connected with the negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's agents, officers, employees, subcontractors, or independent contractors hired by Consultant in the performance of the Agreement. The only exception to Consultant's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with.insurers and under forms of insurance satisfactory in all respects to the City. Consultant shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the subcontractor. Insurance required herein shall be provided by 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 an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General 4 Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 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 an amount not less than one million dollars per occurrence ($1,000,000.00). 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 naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 Errors and Omissions Coverage [FOR PROFESSIONSIWORK EXCLUDED FROM GENERAL LIABILITY] Throughout the term of this Agreement, Consultant shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant shall submit an insurance certificate to the City's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 14.6 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. 5 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.8 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 Consultant. In addition, this Agreement may be terminated by any party 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: William A. Ramsey, AICP, Principal Planner To Consultant: Neilia LaValle President and CEO 5762 Bolsa Avenue, Suite 201 Huntington Beach, CA 92649 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. 6 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. CITY OF SAN JUAN CAPISTRANO By: Joe Tait, City Manager CONSULTANT ATTEST: City Clerk APPROVED AS TO FORM: 01JO fiziJa1z,Lf A Omar Sandoval, ity Attorney 7 Exhibit "A" April 7, 2010 Mr. William A. Ramsey, AICP, Principal Planner City of San Juan Capistrano Community Development Department 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Subject: Proposal to Provide an Update of the Relocation Impact Report for the Proposed Closure of the Capistrano Terrace Mobilehome Park Dear Mr. Ramsey: Paragon Partners Ltd. (Paragon) is pleased to submit the enclosed proposal to prepare the Updated Relocation Impact Report (RIR) for the Proposed Closure of Capistrano Terrace Mobilehome Park as required in the RFP issued on March 24, 2010. Established in 1993 as a California Corporation and a certified Women-Owned Business Enterprise (WBE), over 75% of Paragon's project work is from repeat clients or referrals from existing clients. Our client focused and quality oriented services have enabled Paragon to grow to over 125 professionals and support personnel and, to be not only one of the largest Right of Way consulting firms in the western United States, but to also be one of the most respected. By utilizing proven professional skills and technical knowledge, its personnel provide solutions to problems and expedite achieving project objectives. Paragon's name was selected by its owners to exemplify their standards— "Paragon —a pattern of excellence." Paragon has extensive experience providing relocation planning and implementation services to public clients throughout California including the cities of Carson, Lynwood, Los Angeles, Industry, Lake Forest, Riverside, Santa Ana, and the counties of Orange, Riverside and Los Angeles. Paragon has completed numerous Relocation Impact Reports for both public and private clients in Southern California involving proposed mobilehome park closures and other developments. Paragon is currently providing mobilehome acquisition and relocation services to the cities of Sacramento and San Pablo. In summary, Paragon will commit the personnel resources to support the City of San Juan Capistrano's needs. If selected, Paragon's team, in collaboration with the City, will assure the successful delivery of the updated RIR as directed by the City. I am the contact person at Paragon during the period of proposal evaluation. If you have any questions, or require any additional information, please contact me at (714) 379-3376, ext. 201 or via email at neilia(a)paraaon-oartners.com. Thank you for your consideration. Sincerely, �93 Neilia LaValle President and CEO 5762 Bolsa Avenue,Suite 201, Huntington Beach, CA 92649 Ph: 714-379-3376 www.paragon-partners.00m Exhibit A Project Understanding Paragon Partners Ltd. (Paragon) understands that the City of San Juan Capistrano (City) is seeking a relocation consultant to update the Relocation Impact Report (the Report) for the Capistrano Terrace Mobilehome Park (the Park) originally prepared by Overland, Pacific, & Cutler, Inc. (OPC) in January, 2008. The Park owner, Capistrano Terrace Ltd., (Owner) through its representative and President of the General Partner, Richard Julian, has now advised the City of its plans to move forward with the closure of the Park. This requires that the original Report be updated. The preparation of the updated Report will be in accordance with City Municipal Code Section 9-2.331 (Code) and the City's Request for Proposal (RFP). Familiarity with the Area Paragon is familiar with the area and the history surrounding Capistrano Terrace Mobilehome Park. It has worked on projects near the Park and the 1-5 Freeway such as the Oso Parkway/1-5 Project for OCTA, the Avenida Pico/1-5 Interchange Study for the City of San Clemente, and the Pacific Coast Highway Streetscape Project for the City of Laguna Beach. The Park is located nearby at 32802 Valle Road, on the east side of the 1-5 Freeway and south of the La Novia/1-5 Interchange. It contains 152 space rentals. The Park is approximately eighteen acres and was constructed in the late 1950's as a travel trailer park and was subsequently zoned as a mobilehome park in the 1960's. Park History The Park's history includes a series of important events. The City first received notice of the Owner's intent to close the Park in November, 2006. From September, 2007 to December, 2008, there were discussions between the Owner and Park residents to allow the residents to purchase the Park. Lawsuits over the condition of the Park were also filed in 2007, with residents complaining about certain geotechnical and infrastructure problems. The sale to residents did not materialize and the Owner renewed its intention to close the Park. In compliance with the Code, the City solicited a relocation consultant to prepare the original report in January, 2007 and OPC completed the report a year later. A copy of the Report was given to Richard Julian shortly after its preparation to facilitate the transmittal of the Report to the Park residents. In December 2009, the City's .Housing Advisory Committee (HAC) passed a resolution directing that the original Report be updated and the Owner agreed. Two months later, the Mobile Home Sub-Committee of HAC urged all branches of City government to expedite the closure application process to address residents' frustration with the speed of the process. On March 24, 2010, the City released its solicitation for an update of the Report. City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 2 PPL Proposal to Provide an Updated Relocation Impact Report April 7,2010 Nall Scope of Work Requirements A. Project Initiation and Background As soon as possible after receiving a Notice to Proceed from the City, Paragon will propose a kick off meeting with the City Project Manager to: Discuss objectives, schedules and scope of work. a. Objective of the Project: Paragon understands the primary objective of the project to be the updating of the original Report in such a way as to comply with the Code and facilitate the closure of the Park in a fair and equitable way to both Owner and residents. This objective can be achieved through the preparation of and adherence to a very specific, detailed plan that supports residents' input while facilitating the Owner's desire to close the Park. The Report update will progress under the City's guidance from its relevant departments, the Planning Commission, and the Housing Advisory Committee. Paragon works successfully with both public agencies and private developers in various relocation projects and carefully balances both public and private interests. (Paragon has successfully relocated over 900 households in the City of Los Angeles under its Rent Stabilization Ordinance, which requires Paragon to directly interface between tenants and private landlords. Under the Rent Stabilization ordinance, landlords must directly provide relocation funds to residents and Paragon assists the City in administering the program.) b. Project Schedule: The kickoff meeting will also address the schedule for achieving this objective. This is especially important due to the lengthy history of the park closure process and the fact that there is no mechanism within the Code for closures to be put on hold. Paragon will establish tentative dates for project management meetings and public meetings. Paragon understands the diverse audiences that each type of meeting will have and will customize its message for each audience. A specific task schedule is included in Item H of this proposal. c. Scope of Work: Paragon will work the City Project Manager to thoroughly discuss and define the exact scope of work for the Project and Report. This definition process will clearly spell out what is expected and when under the schedule while also making sure the scope of work supports the objectives of the Project. The scope will identify specific deliverables and their completion dates. Periodic progress updates will be given to the City throughout the preparation of each deliverable. d. Establishing Roles and Responsibilities: At the kickoff meeting, Paragon will carefully review the City's system of internal roles, responsibilities and lines of communication. Paragon will also detail its lines of communication and the roles of each of its staff members. Project Director Darryl Root and Project Manager David Hudson will be the central points of contact for the City. These managers will be constantly available to the City not only at formal City meetings but also through phone, fax and email to answer any question or concern the City has on a real time basis. Each will have the responsibility and authority to carry out the City's directions on the Project and to make timely, useful recommendations as the Report process progresses. City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 3 PPL Proposal to Provide an Updated Relocation Impact Report April 7, 2010 Paragon believes strongly in the philosophy and objective of "Results, not excuses". Clear and direct communications are the foundation of achieving results. Paragon has years of experience clearly and concisely communicating important relocation and planning objectives. For the City of San Pablo, both Mr. Root and Mr. Hudson attended City Council Meetings and explained to mobilehome park residents, Council persons, planners and the general public how the parks would close and what benefits would be extended to qualified residents. Both were required to outline how the closure would occur under applicable regulations, when important events would happen and the impact these events would have upon the City and the park residents. Similarly, Mr. Root and Paragon staff were required to address residents of the 100 Palms Mobilehome Park during the Riverside County EDA's acquisition and closure of that park. One such meeting was conducted at the beginning of the project and the other meeting occurred the morning after a fire broke out in the park and rendered half of the park dwellings uninhabitable. Under the direction of the EDA, Paragon personnel found temporary housing for all residents displaced by the fire by the end of the day and found permanent housing for all residents displaced by the closure. This experience and other relevant project information is further detailed later in the project experience section of this proposal. Other Paragon staff have also spoken in front of numerous boards and commissions, including the Los Angeles Board of Airport Commissioners, Los Angeles Unified School Board, Metropolitan Water District and the Alameda Corridor East Board. The presentations before these groups were the culmination of collaboration between Paragon staff and planners. These communications were facilitated by the fact that many of Paragon's staff have law degrees, MBA's or other advanced degrees. This gives Paragon a clear advantage over other consultants when discussing the application of regulations and codes to specific situations. Paragon's relocation presentations and impact reports have been approved by other state and federal agencies without major changes being necessary. These impact reports prepared for Caltrans, through various engineering prime consultants, include reports for the 1-710, SR-91, Centennial Parkway, Rosedale Highway, and First and Sixth Streets for the City of Los Angeles. These reports thoroughly discussed the impact of the projects on displacees and detailed the benefits and availability of replacement sites for hundreds of residential and non-residential occupants. B. Introduction Letter/Household Survey Paragon will submit a draft introductory letter for review and approval to the City's Project Manager. The purpose of the introductory letter will be to advise residents of the need to update the Report and gather survey information to help facilitate the update of the Report and the displacees' eventual relocation. Following the City Project Manager's approval of the draft letter of introduction, Paragon will mail the letter and the head-of-household survey by first-class mail along with a self addressed stamped envelope. A deadline for responding to the survey will be suggested by Paragon and approved by the City Manager. A household will be deemed non- responsive if it does not respond fully within the response period. For non-responsive households, Paragon will use all reasonable efforts to follow up. These methods include telephone calls, e-mails, and site visits, if necessary, to obtain the information. A minimum of two attempts to follow up with the non-responsive household will take place. In instances where Paragon has made and documented two follow up attempts, or in cases where the resident refuses to provide the information, Paragon will use information provided by the Owner or another verifiable source. (Paragon has experience with the use of secondary sources to City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 4 PPL Proposal to Provide an Updated Relocation Impact Report April 7, 2010 r'�g90N T"6 LWf�I l-J�r. provide information for relocation impact studies. Its Draft Relocation Impact Reports (DRIB) for state highway projects use secondary sources only because the Caltrans Manual forbids contact with residents until a Final Draft Relocation Impact Report (FRIR) is completed and a final alignment is chosen. In addition, Paragon uses third party verification procedures to confirm certain information it uses in its Oakland Housing Authority Project. This project involves confidential information concerning over 1400 households.) The survey will include questions on: • The names, age, and gender of all household members. • Gross household 1 ncome for all household members. • MD-diagnosed disability or chronic illness of any household member. • Distance(s) to employment of each household member, and neighborhood services. • Special needs of the household. • Current monthly space rent and total utility costs (i.e. natural gas, electricity, water, sewer, telephone, intern et access and/or cable television). • Outstanding installment loans including the term and amount of periodic payments. • The type and amount of housing subsidy received by the household or any member of the household. The letter will assure the confidentiality of the responses. Paragon performed similar tasks for the City of San Pablo for nearly 250 park residents affected by the purchase of the two parks (Circle S and Alvarado) by the City. Paragon was successful in gathering large amounts of data from residents by building a rapport with them through community meetings, City Council meetings and individual counseling sessions. (The San Pablo Project Director, Darryl Root, and Project Manager David Hudson, are also proposed on this project.) The trust engendered by Paragon's specific and detailed answers to residents' questions and Mr. Hudson and Mr. Root's abilities to ease frustration and fears about the relocation process resulted in obtaining survey information from all 250 affected households. Paragon's work on the Hood Trailer Park in Sacramento yielded the same results in gathering survey information. In both cases, Paragon implemented strict security measures on access to confidential information by employing its Paragon Data Quest! (PDQ) information system. The information was only accessible to a limited number of authorized Paragon personnel and City staff members. Project Management and Project Tracking System Paragon proposes to utilize its proprietary Project Management software Paragon Dataquest! (PDQ) to efficiently track and manage all data concerning residents' responses to surveys, mobilehome value estimates, relocation estimates and all other pertinent Report factors. PDQ is able to easily generate reports based upon a number of variables and assists in analyzing and interpreting data. It can also track all milestones, deliverables, and generate individual schedules for each project task. If requested by the City, PDQ can also store all of this information on a password protected internet platform so the progress of the project can be tracked by authorized users at any time. City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 5 PPL Proposal to Provide an Updated Relocation Impact Report April 7, 2010 �g90N TZ(fCMH J-1C({. C. Fair Market Value Appraisals Paragon will give notice to proceed to its Furniture, Fixture and Equipment (F&E) Appraisers to estimate the fair market value of each mobilehome and all real property improvements. The appraiser will contact all heads-of-households to inform them of the need to conduct an inspection on the condition of the mobilehome, including both the outside and inside of the coach. The appraiser will gather information including age (years), date of manufacture, type (manufactured or mobilehome or single, double, or triple-wide.) Paragon was instrumental in assisting its F&E appraiser in San Pablo gain access to the inside of mobile homes for appraisal purposes. Some residents were fearful that they would not receive fair compensation for their unit and did not understand the valuation method being used. Paragon explained the appraisal process and every resident granted access to his or her unit. The standard for appraising the San Pablo units was the same as requested here. Paragon has chosen Hjelstrom and Associates to perform the fair market appraisals of the units. Hjelstrom and Associates has over 50 years of experience valuing mobile homes and other items of F&E. They are an Orange County-based firm, located in Laguna, Hills, less than 15 minutes away from the project site. They have valued hundreds of mobilehomes in Southern California for various projects including: Long Beach, approximately 40 mobilehomes, for a redevelopment project. Pismo Beach, approximately 80 mobilehomes, for a redevelopment project. Palm Springs, approximately 50 mobilehomes, for a redevelopment and road widening project. Lake Perris, one mobilehome involved with a road widening project for the city. They have thoroughly studied the original Report and have reviewed the values placed upon each individual unit and are familiar with the Park and the kinds of mobile units located there. The Code specifies that the updated Report must contain the fair market value of each mobilehome and "all associated fixed property." This type of property may include awnings and carports or other features that must be accounted for in the appraisal. It is unclear in the original report if this associated property was contained in the fair market value assigned to each coach, but the Code makes it clear it should be. D. Estimated Cost to Relocate the Mobilehomes Paragon in consultation with its Relocation Cost Estimator, Richey Construction, (Richey) will determine which mobilehomes can and cannot be relocated to another mobilehome park based on condition and age, among other factors. Richey will then estimate the cost of moving those mobilehomes that they have determined are physically capable of being moved. The relocation estimator will visually inspect all mobilehomes. Paragon has worked for years with Richey to relocate hundreds of units from the Circle S and Alvarado Mobile Home Parks and the Hood Trailer Park in Sacramento. Richey has a full team of employees who have both demolished units in place and set up new units for hundreds of park residents. Richey also specializes in re- setting used mobilehomes in new parks. E. Market Research Paragon will conduct a market survey of comparable mobilehome parks offering rental spaces within a 50 mile radius of the City limits to gather the following information: City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 6 PPL Proposal to Provide an Updated Relocation Impact Report April 7, 2010 • Park name, location and address • Distance of the park from Capistrano Terrace • Total leased spaces and num ber of current vacancies • Current lease rates, renewal provisions and terms • Policies and restrictions on the relocation of existing mobilehomes onto available mobilehome leases sites in the park Paragon will also review listings for mobilehomes for sale and discover the actual sale prices paid for units comparable to those found in the Park. For both the listed mobilehomes and the sold units, Paragon will note the gross square footage, age, and sale date, if applicable. Paragon will also survey the surrounding area for the availability and rental rates for replacement dwellings. Paragon obtained exactly this sort of information from hundreds of mobilehome parks in Orange, Kern, Riverside and San Bernardino Counties for a private client who was considering closure of two mobilehome parks with 250'units in Anaheim. The client ,who wishes to remain anonymous, was represented by Palmieri, Tyler, Wiener, Wilhelm & Waldron, LLP (Palmieri). Paragon prepared a Conversion Impact Report (CIR) for Palmieri and the client. Ultimately the client decided not to pursue closure due to political pressure. Prior to the abandonment of the closure process, Paragon was on a first name basis with many park owners due to the regularity with which its staff sought out available rental spaces. In addition, Paragon's extensive contacts throughout the mobilehome park industry give it access to open rental spaces prior to any general announcement of availability. Likewise, Paragon has worked with a large number of used and new mobilehome brokers on various projects. These brokers are often a reliable source of information on specific sales prices and on the mobilehome market in general. These brokers also are able to provide project displacees with better pricing than members of the general public due to the possibility of selling a higher number of units once the closure process progresses. F. Relocation Impact Report Preparation Paragon will include a discussion and analysis of all elements listed in the Code including an evaluation of the survey results and consideration of appropriate measures to mitigate the impacts of the closure. The evaluation of the survey results and the mitigation measures will be based upon all relevant factors discovered during the research process. Prior to the submission of the Working Draft to the City, Paragon will submit its detailed findings and proposed mitigation measures to the City's Project Manager. After this submission, Paragon will make all corrections and submit the proposed Public Review Draft Relocation Impact Report (PRDRI). After public review and City Council action on the PRDRI, Paragon will submit its Final Relocation Impact Report. Paragon will draw upon its expertise with impact reports and relocation plans to help it make specific, actionable recommendations for the City. For example, the Anaheim ordinance governing the preparation of the CIR for Palmieri is very similar to the City's municipal code sections governing park closures. Like the City's code provisions, the Anaheim code required a lot of information on the park properties to be closed, such as maps of the properties, onsite features and amenities, the number or spaces within the park, lease rates for the spaces, and the number of residents. Both the City's municipal code and the Anaheim code required research into the location of comparable mobile home parks and the availability of spaces in City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 7 PPL Proposal to Provide an Updated Relocation Impact Report April 7, 2010 these parks. Paragon was able to contact and become familiar with over 214 different mobile home parks in Orange, Los Angeles, Kern, San Bernardino and Riverside Counties. Therefore, extensive recent research into the vacancies and amenities in each of these parks is readily accessible to Paragon. As part of its work on the CIR, Paragon also contacted a multitude of conventional rental properties in order to offer referrals to residents who rented homes in the park. Both the Anaheim and San Juan Capistrano codes require the determination of costs for relocating the mobile homes and reinstalling certain amenities such as porches, etc. Each code also requires a list of proposed measures to mitigate the adverse impacts of the conversion upon park residents. Through the preparation of the Anaheim CIR, Paragon reinforced existing skills with researching replacement parks and their requirements for new entrants; the process and costs of the set up and tear down of mobile homes; the connection of utilities; and a host of other mobile home relocation issues. Paragon also built up a network of relationships with mobile home park dealers, real estate agents, and park managers within a large radius. Paragon gathered similar information for its CIR for the Sacramento Housing and Redevelopment Agency (SHRA)'s Hood Trailer Park project. The CIR, however, was prepared pursuant to the State's Mobile Home Residency Law (MRL) as there was no applicable municipal or county ordinance. The CIR was approved by the Sacramento Planning Commission with few changes required. Based upon its initial performance, Paragon was also awarded the relocation implementation and property management contracts. A reference letter commending this performance is located in the References Section of this proposal. One of the most important features of the updated Report will be the mitigation measures proposed. The original Report suggested general mitigation measures but did not fully address the most pressing issue for residents. That issue is centered around the fact that, due to the age of the mobilehomes, many replacement parks will not accept the unit. This leaves the resident with a gap between the fair market value of the unit and the funds required to purchase a new or newer mobilehome. Paragon would mitigate this dilemma by advising residents of other government programs which assist them in buying replacement homes such as First Time Home Buyer Programs, mortgage credit certificate programs, etc. Using these programs and others, Paragon was able to help 70% of the San Pablo park residents obtain a conventional or new mobilehome with loans that they could afford. G. Public Meetings Paragon's Project Director and Vice President, Darryl Root, will attend two public information meetings pursuant to the Code and will attend three public meetings to provide technical and professional support to the HAC, Planning Commission, and City Council. H. Schedule Presented below is Paragon's detailed schedule of all tasks and their durations, which includes time for City review of a Working Draft Relocation Impact Report, Public Review Period for the Draft Relocation Impact Report, Committee/Commission review and final action on the Draft Relocation Impact Report. City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 8 PPL Proposal to Provide an Updated Relocation Impact Report April 7, 2010 Task Deliverable Date City selection of Notice to Proceed Approximately April 20 Consultant To prepare (Must be within 90 days of Relocation Impact Report written Request of Applicant) City Notification of Notice to Residents Approximately April 20 Residents that Preparation of a Relocation Impact Report will begin Paragon Kickoff meeting List of Objectives, Schedules, April 21 -April 28 with City, Preparation of Scope of Work, Delineation of Final Objectives and City and Consultant Roles and Schedules Responsibilities, Confirmation of Project Deliverables, Dates, including Draft Relocation Impact Report; Establish Dates for Project Management Meetings, Public Meetings and Mobilehome Park presentations Preparation and Draft Letter and Survey April 30 Transmittal to City of Draft Introduction Letter and Household Survey Begin Market Research Market Research April 30- July 17 based Upon Information in Original Report City Review of Draft Letter Approved Letter and Survey May 7 and Survey First Informational Public Public Meeting May 8 Meeting Mailing of Letter and Notification of Residents May 7 - May 10 Survey First Professional/ Discussion of Project Progress May 11 Technical meeting with the HAC/Planning/City Council Receipt of Survey Data Preparation of Survey Database Ma 11 - May 18 Follow up with Non- May 18 - May 25 Responsive Households Organization and Analysis Survey Conclusions May 11 - May 25 of Survey Data Notice to Proceed Given to Notices to Proceed May 25 -July 10 Appraiser and Relocation Estimator to Begin Work Preparation of Initial Preliminary Conclusions July 10 -July 17 Findings Findings Given to City's Review of Preliminary July 17- July 24 Project Director Conclusions City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 9 PPL Proposal to Provide an Updated Relocation Impact Report April 7, 2010 loom Task Defiverabte Date Preparation of Draft Draft Relocation Impact Report July 25 -August 14 Relocation Impact Report City staff review Corrections to Draft Relocation August 15 -August 29 impact Report Inclusion of City Public Review Draft Relocation August 30 Comments into Draft Impact Report Relocation Impact Report Second Professional/ Discussion of Public Review August 30 Technical meeting with the Draft Relocation Impact Report HAC/PlanningiCity Council Public Review of Draft Public Review Period August 31 - September 14 Relocation Impact Report Committee/Commission Approved Report Septemberl5 - September Action on Draft Relocation 29 Impact Report/Inclusion of Public Comments Transmittal of Approved Transmission of Report September 30 Report To Applicant/Owner Owner distribution of Report Distribution October 1 - 15 Report (Must not be less than 30 days prior to Planning Commission Hearin Second Informational Public Meeting October 16 Public Meeting (Must not be less than 14 days prior to Planning Commission Hearin Third Professional/ Discussion of Final Report November 19 Technical meeting with the HAC/Plannin /Ci Council Planning Commission Approved Final Report November 23 Hearing Approval of Report and Application I. Proposed Budget Paragon's detailed budget which outlines its all tasks, staff assignments and related costs and its not to exceed project cost can be found in the Fee Proposal section of this proposal. J. Information Provided by the City or Applicant(Owner) Paragon understands that either the City or the Applicant (Owner)will provide: • a legal description of the Park; • a base map with a detailed description of the condition of the Park indicating the location of structures, landscaping, easements, utilities and other onsite features and amenities; • a copy of the current, executed rental agreement for each leased space in the Park; • the length of occupancy of each space and its monthly rental rate; • and all the information prepared by OPC in electronic format. These items will provide the basis of Paragon's updated Report. City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 10 PPL Proposal to Provide an Updated Relocation Impact Report April 7, 2010 K. Relevant Project Experience `Client r°&lett a , f Project Description ' Redevelopment Alvarado Mobile Home Paragon is finishing relocation Agency of the City of Park and the Circle S assistance services for the Circle S San Pablo Mobilehome Park Project mobilehome park and the Alvarado mobilehome park. The City plans to redevelop the 16 acres into a brand new residential community. Paragon is providing relocation planning and assistance services for the Alvarado Mobile Home Park for 49 units, including 8 travel trailers and for the Circle S Project affecting a total of 250 displacees, including a Salvation Army Thrift Store. Sacramento Housing San Juan Motel/Hood Paragon provided relocation services and Redevelopment Trailer Park Project for the relocation of 23 trailer park Agency households at the Hood Trailer Park and nine (9) resident households at the San Juan Motel. Paragon also provided acquisition services for 19 trailers. Riverside County 100 Palms -Thermal Paragon provided relocation and Economic Trailer Park Interim property management Development Agency services for the Thermal area of Riverside County in connection with the relocation of approximately 35 mobilehomes, 15 huts, an auto tire shop and a small commercial market. L. References Sacramento Housing and Redevelopment City of San Pablo Agency Sonya Rivas Sandy Lee Redevelopment Analyst, Special Events Relocation Coordinator Coordinator 630 1 Street 13831 San Pablo Avenue, Building 3 Sacramento, CA 95814 San Pablo, CA.94806 916 440-1399 510 215-3200 Riverside County Economic Development Palmieri, Tyler, Wiener, Wilhelm & Waldron, Agency LLP Janet Parks Ryan Easter Redevelopment Coordinator 603 Main Street, East Tower, Suite 1300 1325 Spruce Street Irvine, CA 92714 Riverside, CA 92507 (949) 851-9400 951 955-8916 City of San Juan Capistrano—Capistrano Terrace Mobilehome Park - Page 11 PPL Proposal to Provide an Updated Relocation Impact Report April 7, 2010 Reference Letter from Mabel Furr FROM THE DESK OF MABEL FURR April 7,2010 William S.Ramsey,AJCP,Principal Planner Community Development Department 32400 Paseo Adelanto San Juan Capistrano,California 92675 Re: Recommendation of Paragon Partners Ltd. Dear Mr.William A.Ramsey: I have worked with the Sacramento Housing and Redevelopment Agency(SHRA)for fourteen years as their Redevelopment Coordinator. I retired in December of last year. SHRA has worked with Paragon Partners Ltd. (Paragon)on various relocation projects. Perhaps the most challenging project was the San Juan Motel and Hood Trailer Park Relocation Project. This project involved 9 relocations from a small motel and 23 relocations at an adjacent mobile home park. It was necessary for Paragon to write a Conversion Impact Report for the project. The CIR(CIR)prepared by Darryl Root, Relocation Director,and his staff was very comprehensive and well planned. It addressed the needs of the residents and conformed to all applicable regulations. The plan outlined a reasonable schedule for the relocations of the park. The CIR was approved the first time with very few changes being necessary by the Sacramento Planning Department Paragon met all scheduling dates and their budget for the project. In addition to the Conversion Impact Report,Paragon performed the relocation services and property management services. Both of these services were performed very well and each service was performed on schedule and within Paragon's budget Paragon also met the amounts listed on their relocation benefit cost estimates. Due to the extremely blighted conditions of the area,this was one of the most challenging projects ever undertaken by SHRA.All residents of the park were very low income individuals,many of whom had substance abuse problems.All residents were moved out on schedule and the project had no relocation appeals. I am very happy to strongly recommend Paragon Partners Ltd.for the assignment to update the City's Relocation Impact Report. Sincerely, Mabel Purr Retired Relocation Coordinator for SHRA 916-452-5459 City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 12 PPL Proposal to Provide an Updated Relocation Impact Report April 7, 2010 Reference Letter from Sonia Rivas /W U _O ` � CIBLO ,. April 2,2010 cry or..V .., W William S.Ramsey,AICP,Principal Planner Community Development Department 32400 Paseo Adelanto San Juan Capistrano,California 92675 Re: Recommendation of Paragon Partners Ltd. ZDear Mr.William A. Ramsey: The Redevelopment Agency of the City of San Pablo(`Agency')identified Paragon 37 Partners Ltd.("Paragon'j through an invitation only Request For Proposal to provide relocation services for two separate mobile home parks comprised of 260 units and a 37 large commercial site in 2006. 0Some of the challenges presented to Paragon included a re-tenancy of certain households, U adhering to promises made by the Council,and a phased planned development that was to occur concurrently with the relocation. After an initial rough start by a previous consultant,the Project Manager,David Hudson, stepped in to review the project and its specialized intricacies. After a few preliminary discussions,Mr.Hudson returned to the Agency with a plan and recommendations to relocate our tenants in a more efficient manner than the Agency had anticipated. Prior to the inception of services,Mr.Hudson had gathered his team of relocation specialists,prepared an extensive schedule of comparables organized by number of bedrooms,finalized the notices of.eligibilityand had them translated into Spanish, prepared a draft Relocation Plan,prepared a benefit calculation cheat sheet for staff,and established an office on site to better meet the needs of the tenants. The relocation plan carefully laid out the steps to be taken under state law in order to efficiently relocate the impacted tenants. Mr.Hudson even made it his personal goal to finalize the project on time and under budget for both Paragon's fees and the relocation benefits estimated for displacees. Our current records reflect that the goal is on track. Paragon's staff are professional,very knowledgeable,efficient and most importantly, personable,essential when dealing with a large diverse group of people. Mr.Hudson has gained the respect of our families,seniors and City Staff because of his personable and caring personality and genuine interest in helping his clients during this stressful change 13831 San Pablo Avenue,BJldrg 3•San Pablo,CA 44006 Mala:510.2153030.For.510-235-9417 w .o.Sa Pabloxaus City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 13 PPL Proposal to Provide an Updated Relocation Impact Report April 7,2010 in their lives. Mr.Hudson and his relocation specialist Ms.Yolanda Flores are both fluent m Spanish and have been instrumental in assisting our Spanish speaking clients to help them understand the relocation process and ease their fears about moving and fair treatment. It is with great pleasure that the Agency recommends Mr.David Hudson and Paragon Partners to provide excellent professional relocation services to any project. Respectfully, - �Sonia Rivas � Redevelopment Analyst cc: Paragon Partners Ltd David Hudson Yolanda Flores City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 14 PPL Proposal to Provide an Updated Relocation Impact Report April 7, 2010 M. Proposed,Key Personnel Darryl Root, J.D.. MBA, RW/RAC, Proiect Director Darryl Root has more than 20 years of professional real estate experience in both the public and private sectors involving real estate sales and acquisition of right of way, easements and fee property, as well as residential and commercial relocation assistance. He has managed acquisition/relocation projects for municipalities, county and state agencies and has extensive experience in eminent domain cases and procedures. Mr. Root has successfully managed both large and small projects involving multiple projects and agencies. Mr. Root has managed several mobilehome park relocation projects in both Northern and Southern California and the Bay Area. Mr. Root has served as Project Manager for the Los Angeles Unified School District and supported the real estate program for the Alameda Corridor East-Construction Authority. David Hudson, Project Manager David Hudson has 10 years of experience providing relocation assistance services. He has personally negotiated and processed over 178 relocation settlement cases during an 18 month period, partially offsetting a high dollar operating deficit for the Los Angeles World Airports (LAWA). Mr. Hudson created and executed full-service relocation plans for multi-family residences and commercial businesses for private developers and public agencies. He has negotiated, facilitated and dispersed $20 million dollars in residential relocation funds for community redevelopment and located, researched and negotiated property acquisitions for public agencies and private developers. Mr. Hudson served as the Project Manager for the Circle S and Alvarado Mobilehome Relocation projects. Mr. Hudson is bilingual in English and Spanish. Arturo Perez, Principal Residential Relocation Agent Mr. Perez is responsible for managing various projects and client interface. He has been responsible for business, residential homeowner, and tenant relocation cases. His duties include replacement site selection, calculation of benefit payments, coordination with moving companies, inspection of replacement housing sites, and extensive file documentation. Mr. Perez has over seven years of diversified relocation experience. He has worked on several mobilehome park projects including projects for the cities of Oxnard, San Pablo, Sacramento and Riverside County. Mr. Perez speaks and writes fluently in English and Spanish. Konstantin Akhrem, QA/QC Manager Konstantin Akhrem has seven years of experience as a Relocation Specialist in Right-of-Way projects and a total of 10 years of experience in the Real Estate field and local housing market in various capacities including real estate sales, residential mortgage financing and property management. Mr. Akhrem is knowledgeable in all aspects of public relocation and he is experienced . in implementation of both state and federal relocation regulations under the California Government Code 7260, and Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA). He is familiar with relocation policies procedures of various Public Agencies, including HUD, FAA, Caltrans, and LAUSD. Mr. Akhrem is well versed in California Landlord-Tenant Law, Fair Housing laws, relevant provisions in California Heath & Safety Code and the Los Angeles Rent Stabilization Ordinance. To date, Mr. Akhrem has worked on over 1,400 residential relocation cases, many of them were mobilehome displacees. City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 15 PPL Proposal to Provide an Updated Relocation Impact Report April 7, 2010 Organization Chart The Paragon team members and lines of communication and authority are described in the Organization Chart below. �'��yS� �PPRAISY'L SERVICES .'. Arturo Pefez Prmci eskleral'ai R do �e '� ���� r � g��cati�f "" �,�,'"G �n Hj�fstrtf,"sl`i�Isttpm&Assoaates KonstgntlnAkhre tk�u&I y o� ro ha 1sas, y+ r: Crai�,Ch g ono e at e - � olandaFFlo ¢ elf- an y' Mlna Villialplos Prot e1. ? ;,'„H $}Tlwunru Seances "q" a pidiie r0eyConsrUction eninyuea,,e� s� _�,, } K'ey Peroonnef Mr. Root and Mr. Hudson will direct the activities of each team member and update them on decisions reached with the City's Project Manager. All team members will treat the Park residents in a uniform way with respect and dignity. All staff members will understand the lines of project communications and adhere to all project guidelines. Paragon's Quality Control Manager, Konstantin Akhrem, will ensure that all deliverables are accurate, on time and within budget. Full resumes for proposed Key Personnel is included in section N of this proposal. City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 16 PPL Proposal to Provide an Updated Relocation Impact Report April 7, 2010 Exhibit "B" Cost Proposal Ta§k Fee.' Preparation of Relocation Impact Report $20,885 Appraisals of Mobilehomes $38,000 Relocation Estimation $7,600 Attendance at two (2) Informational Public Meetings $1,050 Attendance at three (3) ProfessionalfTechnical Meetings $1,575 Budget for Other Reasonable Expenses $600 Total $69,710 Assumptions • Paragon's scope of work includes research for and preparation of the Updated Relocation Impact Report (RIR). Other activities required by the housing specialists in City Municipal Code Section 9-331 after the approval of the RIR are not within the scope of the RFP. • Paragon assumes reasonable access to pertinent records in the possession of the owner and City. • Paragon assumes two informational public meetings and three technical meetings with the City. Paragon will be in frequent communication (phone, fax and email) with all relevant stakeholders during the preparation of the RIR. • Paragon assumes the park has 152 occupied spaces. • Paragon assumes value estimates are needed for 152 different mobile homes. Vacant spaces will reduce the appraisal fees required for the project. City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 17 PPL Proposal to Provide an Updated Relocation Impact Report April 7,2010 Fee Schedule 0162 i idafion Hourly Rate Principal/Project Director/Corporate Broker $165.00 Manager $150.00 Principal Acquisition Agent $115.00 Senior Acquisition Agent $ 95.00 Acquisition Agent $ 85.00 Principal Relocation Agent $115.00 Senior Relocation Agent $ 95.00 Relocation Agent $ 85.00 Senior Title Agent $ 95.00 Title Agent $ 85.00 Project Coordinator $ 75.00 Right of Way Engineer, P.E. $140.00 Senior Right of Way Engineer $120.00 Associate Right of Way Engineer/GIS Specialist $ 95.00 Right of Way Engineering Technician $ 75.00 Senior Appraiser $140.00 Associate Appraiser $125.00 Administrative Support $ 65.00 Office Clerk $ 50.00 IT Support $110.00 Depositions and Court Testimony $250.00 ' -✓ :etMk''�i+a :-7?i* .k -R,;.an'�...�`. w;,[�4(Q¢t Ghar @$, .:�,: - Copies Xerox $0.15 each Pa ers/Cellular @ Cost D & E Size Copies @ $5.00 each Air Travel & Lodging Cost Real Estate Data Services @ Cost + 15% Mileage @ $0.50 per mile* Telephone/Fax 0 Cost Sub-Consultants @ Cost + 15% Postage/FedEx @ Cost Other Expenses @ Cost+ 15% *Or current IRS allowable Terms of Payment — Net 30 days. Invoices will be submitted monthly. All rates are effective as of January 1, 2010. Rates will be revised annually on January 1, 2011 to reflect increases in the cost of living and current business conditions. Overtime for applicable labor classifications will be charged at 1.5 times the hourly rate in accordance with California law. City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 18 PPL Proposal to Provide an Updated Relocation Impact Report April 7, 2010 . � _ �!r!r[fu�ul[�iucasrnotuctrort. . NrsgneSs ProBralss SII smikm Entluna(er) Business Entity Detail 's Online Services -Business seardr -BBdovtrc search Data is updated weekly and is current as of Friday,April 30,2010.It is not a complete or certified record of the -E-FNB Statements entity. -Nati Precrosin;Times Entity Name: CAPISTRANO TERRACE,LTD.,A CALIFORNIA LIMITED PARTNERSHIP Kine Page Entity Number: 200311100004 Service citations Date Filed: 04/18/2003 Stdtus Name Availability arnvE Forms,Samples S Fees Mnual/BbnnMl statements Entity Address: 23792 ROCKFIELD STE. 100 Filing Tips Entity City,State,Zip: LAKE FOREST CA 42630 Information Requests (certificates,copies& RICHARD].JULIAN ' status reports) 22974 EL TORO ROAD Service of Process LAKE FOREST CA 92630 FAQs Contact Information `Indicates the information is not contained in the California Secretary of State's database. Rcsources -Note:If the agent for service of process Is a corporation,the address of the agent may be requested by -Business Resources ordering a status report. -Tas Information -starting A Business . For information on checking or reserving a name,refer to Name Availability. I in, atianal Business . For Information on ordering certificates,copies of documents and%or status reports or to request a more Relations Program extensive search,refer to Information Requests. . For help with searching an entity name,refer to Search Tips Customer Alert . For descriptions of the various fields and status types,refer to Field Descriptions and Status Definitions. (misleading business - - - - - solicitations) Ngdlfy Search New Search Printer Friendly Back to Search Results Prir q Stat T,en[ F pxumen!R oder. Copinght S 20LO California Secretary of Stat. ATTACHMENT Jaw '32400 PASEO ADELANTO MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO.CA 9267$ �'i ILgJ SAMALLEVATO (949)4931171 ` NMKAANA tA11RAfREESE (949)493.1053 FAX • Ismum I 1961 THOMAS W.HRWAR www..san juancapi strano.oil MNiif NIELSEN • • OR LONDRES USO NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 6:30 p.m. on Tuesday, July 20, 2010, in the City Council Chamber in City Hall, to consider: "Continued Consideration of Award of Contract for the Preparation of a Comprehensive Update of the Capistano Terrace Mobilehome Park Relocation Impact Report (Continued from the May 18, 2010, City Council Meeting)" — Item No. D5. 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 19, 2010, 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 William A. Ramsey, AICP, Principal Planner. You may contact that staff member at (949) 443-6334 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.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: cityclerkCa)sanivancapistrano.ora. Maria Morris, CMC City Clerk cc: Richard Julian, Capistrano Terrace Ltd. (park owner); Sally Rather, Capistrano Terrace Mobilehome Park Resident's Association; Jess Lopez, Capistrano Terrace Mobilehome Park Resident's Association; Del Richardson & Associates, Inc.; Epic Land Solutions, Inc.; Paragon Partners Ltd.; Shober Consulting, Inc.; Spectrum Land Services; Vicki Talley San Juan Capistrano. Preserving the Past to Enhance the Future 7/20/2010 � D5 H KC�° �� . C RECEIMtL/ KING & COLDREN Robert S,Coldren rcoldren@hkclaw.com 2010 JUL 20 P 2: 45 July 20, 2010 L, i ( ;;_c SAN JU"'n CA} 'ijIkAlldil Our File Number; 35979.031/4823.3139-1750v.1 PERSONAL AND CONFIDENTIAL VIA E-MAIL, FACSIMILE AND U.S. MAIL (949) 488-3874 itait0sa n i ua n ca p i stra no,Org ciakl(&-sanivancapistrano.org Joe Tait, City Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: Aguirre, et al. v. Capistrano Terrace Mobile Home Park Dear Mr. Tait: I have been asked to respond on behalf of the ownership of Capistrano Terrace Mobile Home Park to your agenda item D5 of 712012010. You propose to charge my client another $70,000 for a "update" to a relocation impact report. Please review your records. You will see that we have already paid an incredibly exorbenant amount for relocation report materials. This is in addition to the many, many hours of time my client has spent in an effort to minimize the amount that the "experts" need to spend, and the many hours that the lawyers have had to spend on the issue. To demand this additional $70,000 on top of all this is quite simply outrageous and ridiculous. I have been involved in many mobilehome park closures over the years, and I have never seen anything like this. Total fees for relocation impact reports "soup to nuts" commonly are less than one-half of the amount that Paragon proposes to spend to simply update the existing relocation impact report and attend a couple of public hearings. We have some specific points on the matter as well: • For quite sometime we pressed the City to move forward with the closure of the mobilehome park, and it was the City and the City's consultants, and not my client, which is the cause for a large portion of this significant delay between the date of submission of the Initial RIR and today. Thus, to the extent your memorandum implies otherwise, at a minimum it would seem that the City should bear half of that burden and thus half of that expense (assuming any update is necessary). 16 t �^ � A Professional Law Corporation X pVt`� ��`r���,IIIuVJJJ\ll 200 Sandpointe, Fourth Floor,Santa Ana,California 92707 Ph 714.432.8700 1 www.hkciaw.com I Fx 714.546.7457 HO K'' : C iii ,PT. iurjo s cni-nar_r.i Joe Tait July 20, 2010 Page 2 • With respect to the "Personal Services Agreement" that is part of the package, we would prefer to make payment pursuant to section 3.2 of the proposed contract, rather than depositing any prorate portion of our contribution at the outset of the project. • 3.3 provides that records of expenses are to be made available at all reasonable times to the City. Since we are paying for the report, it seems that we should have the ability to review the costs and expenses since it is my client who will need to pay. • Similarily, section 11 "copies of work product", since we will be working closly with Paragon (or whoever is ultimately selected), and assuming that any update is warranted, obviously, we believe that we (as well as the City) should have access to all work product. We agree with paragraph 12 that the work shall be retained as confidential, • We are most concerned as the applicant about the insurance section. We believe that the minimum best guides rating set forth in section 14 is not sufficient, particularly in view of the recent failure of a number of insurance companies. We also request that we be named an additional Insured on all of these policies, as the consultants for Paragon (or whoever else is selected) will undoubtedly be coming upon our property, and engaging in other activities that we would require insurance for in any event. We would request an opportunity to review and approve the quality of the insurances provided for in paragraph 14 (including the errors and omissions coverage provided for in paragraph 14,5). Perhaps a reasonable compromise (assuming that the City is Intent upon having the report updated) would be to modify the amounts as set forth in the bid on Exhibit "B" to provide that preparation of relocation impact report" be halved from $21,000 to $10,500, that the appraisals of the mobilehomes be cut to $10,000 (rather than $38,000), since all of the leg work on all of the units has been done, and no new units have been placed in the mobilehome park since the original RIR, and that other costs be maintained at the levels suggested by Paragon. We would also like the City to agree to pay half of the total bill for the reasons set forth above. We urge the City to request that staff negotiate at least a simi-reasonable bid and contract, and that the matter be returned to the Council with a new bid proposal, as well as a fee sharing proposal and an analysis of the suggested revisions to the contract for professional services. 35979.03114523-3139.1750v.1 '- C HART, KIIJG C. EOLDRICN Joe Tait July 20, 2010 Page 3 My client objects to the demand for an updated relocation impact report, and to the demand for $70,000. Thank you for your attention to these matters. Very truly yours, HART, KING & COLDREN Rbd ref n RSC/nb cc: Omar Sandoval, Esq., City Attorney osandoval(a)sanivancaoistrano.oro osandovalna wss-law.com 35979.031/4823-3139-1750v.1 M 8. PERSONAL SERVICES AGREEMENT WITH TRC SOLUTIONS, INC. FOR CULTURAL RESOURCE AND PALEONTOLOGICAL MONITORING FOR THE EASTERN WELLS PIPELINE PROJECT (CIP 08802) (600.30) West Curry, Assistant Utilities Director, and Steve Apple, Community Development Director, responded to questions. Public Correspondence: • Anthony Rivera, Juaneno Band of Mission Indians, submitted a letter dated May 18, 2010, asked that the City Council continue the item until their Tribe and TRC Solutions, can agree on having Juaneno monitors on the project. Public Comment: • Nathan Banda, Juaneno Band of Mission Indians, provided a letter to the Council with modified rates for performing the monitoring services; and responded to questions from the City Council. • Susan Underbrink, TRC Solutions, Inc, provided information regarding their monitor subcontractor selection process, and responded to questions from the City Council. Council Action: Moved by Mayor pro tem Freese, seconded by Council Member Hribar, and carried unanimously to approve Personal Services Agreement with TRC Solutions, Inc. for cultural resource and paleontological monitoring for the Eastern Wells Pipeline Project (CIP 08802) for an amount not to exceed $95,405; and $96,000 transferred from the water capital fund 64 to the eastern wells pipeline project 50-94599-62131-08802-000. 9. CONTRACT WITH PARAGON PARTNERS, LTD. TO PREPARE AN UPDATE TO THE CAPISTRANO TERRACE MOBILEHOME PARK RELOCATION IMPACT REPORT—,CCNNTINLIM FOR SWY(60)DAYSli(600.30) Public Correspondence: ■ Sally Garibaldi Rather, President of the Capistrano Terrace Mobilehome Park Homeowners Association, submitted a letter dated May 17, 2010, expressing concern that the City has not followed the ordinance requirements for the Mobilehome Park owner's to disclose ownership information. Public Comment: ■ Jim Vance, City resident, requested that the City Council continue the item until the City has all the information needed and has a full understanding of the process. ■ Ray Poulter, Advance Real Estate Services, requested that the item be continued indefinitely in order to continue further discussions with staff; and responded to questions from the City Council. ■ Sally Garibaldi Rather, City resident, expressed concern with interpretation of the ordinance by the City Attorney; felt that the item should not be continued indefinitely; and responded to questions from the City Council. 5 5/18/2010 Council Comment: ■ Felt that the item should be continued by the applicant's request, but not longer than 30 days. • Suggested that the item be continued for sixty (60) days. Council Action: Moved by Mayor pro tem Freese, seconded by Council Member Hribar, and carried 4-1, with Council Member Nielsen opposed to continue the item for sixty (60) days. ROLL CALL: AYES: COUNCIL MEMBER: Allevato, Hribar, Freese and Mayor Uso NOES: COUNCIL MEMBER: Nielsen ABSENT: COUNCIL MEMBER: None 10. RESOLUTION NO. 10-05-18-04 ADOPTED DECLARING THE WORK PERFORMED BY MARK SAUER CONSTRUCTION, INC. FOR THE MONTANEZ ADOBE REPAIR (CIP 07406) ACCEPTED AND APPROVED; CITY CLERK DIRECTED TO PROCESS THE RECORDING OF THE NOTICE OF COMPLETION; AND STAFF AUTHORIZED TO RELEASE THE 10% RETENTION, IN THE AMOUNT OF $16,840.01, 35 DAYS AFTER RECORDATION (600.30) 11. STAFF DIRECTED TO SUBMIT TO THE STATE OF CALIFORNIA PROPOSITION 84 NATURE EDUCATION FACILITIES (NEF) GRANT PROGRAM AN APPLICATION FOR LOS RIOS COMMUNITY PARK, PHASE 2 IMPROVEMENTS, BLAS AGUILAR ADOBE REPAIR AND RESTORATION; NORTHWEST OPEN SPACE PHASE 1 IMPROVEMENTS, AND THE KINOSHITA FARM COMMUNITY GARDEN IMPROVEMENTS (530.10 William Ramsey, Principal Planner, and Heather Dion, Townsend Public Affairs, responded to questions. Council Comment: ■ Preference in continuing to support the City Council action taken at the March 2, 2010 meeting in support of the Northwest Open Space Phase 1 Improvements, Los Rios Community Park Phase 2 Improvements, Kinoshita Farm Community Garden Improvements and the Blas Aguilar Adobe Repair and Restoration. Council Action: Moved by Council Member Nielsen, seconded by Council Member Hribar, and carried unanimously to direct staff to submit to the State of California Proposition 84 Nature Education Facilities (NEF) Grant Program an application for the following open space and recreation project, placing them in different funding tiers: • Los Rios Community Park, Phase 2 Improvements. • Blas Aguilar Repair and Restoration. • Northwest Open Space Phase 1 Improvements • Kinoshita Farm Community Garden Improvements. 6 5/18/2010 5/1812010 D9 AGENDA ITEM TO: Joe Tait, City Manager FROM: Steven Apple, AICP, Community Development Director SUBJECT: Continued Consideration of Award of Contract for the Preparation of a Comprehensive Update of the Capistrano Terrace Mobilehome Park Relocation Impact Report. RECOMMENDATION By motion, approve the selection of Paragon Partners, Ltd. for preparation of the Update to the Capistrano Terrace Mobilehome Park Relocation Impact Report in an amount not to exceed $69,710; and authorize the City Manager to execute the Professional Services Agreement. SITUATION The City had previously contracted with Overland Pacific & Cutler, Inc. (OPC) at the applicant's cost to prepare the Relocation Impact Report for the proposed closure of the Capistrano Terrace Mobilehome Park. The "Park" provides 152 mobilehome space rentals located at 32802 Valle Road on the east side of the 1-5 Freeway just south of the 1-5/1-a Novia Avenue/Valle Road northbound (NB) hook ramps. The Draft Relocation Impact Report was completed by OPC in the Spring of 2008 pursuant to Section 9-2.331, "Mobilehome park conversions, closures, and cessation of use" of Title 9, Land Use Code. Following the completion of that report, the applicant took no subsequent action to move the project forward. Last December (2009), after being advised by the City to either withdraw or move the application forward, the park owner advised the City of their decision to move forward with the project. Because of the substantial period of time that had passed, staff determined that the Draft Relocation Impact Report, prepared in Spring 2008, no longer contained timely information on which the original assessment was based and the report needed to be comprehensively updated. Staff recommends that the City Council approve the selection of Paragon Partners, Ltd. for preparation of the Update to the Capistrano Terrace Mobilehome Park Relocation Impact Report and authorize the City Manager to execute the Professional Services Agreement (see Attachment 1, Professional Services Agreement with Paragon Partners). Agenda Item page 2 May 18, 2010 REQUEST FOR PROPOSAL PROCESS The preparation of Relocation Impact Reports is a specialized field of consulting work undertaken by a limited numbers of firms in the region. In 2007, the City retained Overland Pacific & Cutler, Inc. who prepared the 2008 Relocation Impact Report. In December, staff contacted Overland Pacific & Cutler, Inc. and requested a proposal for updating the Relocation Impact Report. OPC subsequently advised staff that their firm's work commitments and staffing would not allow them to take on this additional work. Because OPC declined to submit a proposal for updating the Relocation Impact Report, staff proceeded with soliciting proposals for completing the update of the Relocation Impact Report from five other consulting firms that specialize in mobilehome park relocation studies. The City established a proposal submission deadline of Wednesday, April 7 and in response to the Request for Proposals (RFP), the City received proposals from all five solicited firms including: • Del Richardson & Associates, Inc. • Epic Land Solutions, Inc. • Paragon Partners Ltd. • Shober Consulting, Inc. • Spectrum Land Services Staff evaluated the five proposals for consistency with the City's scope of work requirements and the consultant selection criteria established by City Council Policy 112. Two of the five proposals were incomplete and did not meet the basic requirements of the Request for Proposals (RFP). Staff also conducted conference call interviews with the three firms that submitted qualifying bids consistent with the requirements established by the RFP. Although any of the three qualifying firms would be more than capable of completing the work required by the RFP, as a result of the proposal evaluation process, staff concluded that the Paragon Partner's, Ltd. proposal rated highest while also being the least expensive of the three qualifying proposals. After the park owner has deposited the required contract funds, the Professional Services Agreement will be executed and staff will provide Paragon with a Notice to Proceed. At the April 20 meeting, City Council continued consideration of this item in response to a letter from Sally Rather Garibaldi raising an issue as to the disclosure of park ownership. The mobilehome park closure application has been previously signed by Mr. Richard Julian, as the President of Capistrano Terrace, LLP, and since the last Council meeting, Mr. Julian has confirmed this is still the case. Staff has also verified that the Secretary of State lists Mr. Julian as the sole agent for Capistrano Terrace, Ltd., A California Limited Partnership (see Attachment 2, California Secretary of State, Business Entity Listing, Capistrano Terrace, Ltd., A California Limited Partnership). The City Attorney has also advised staff that when the owner of a property is a Limited Partnership (LP), the general partner transacts business on behalf of the LP. Consequently, Mr. Julian's signature is sufficient and the City Attorney has determined Agenda Item page 3 May 18, 2010 that no more ownership information is required. Paragon Partners, Ltd. has also reconfirmed to City staff that they do not now, nor have they had in the past, a contractual relationship with the property owner who will be funding the Relocation Impact Report. NOTIFICATION Notification has been provided to the following: Richard Julian, Capistrano Terrace Ltd. (park owner) Sally Rather, Capistrano Terrace Mobilehome Park Resident's Association Jess Lopez, Capistrano Terrace Mobilehome Park Resident's Association Del Richardson & Associates, Inc. Epic Land Solutions, Inc. Paragon Partners Ltd. Shober Consulting, Inc. Spectrum Land Services Vicki Talley RECOMMENDATION By motion, approve the selection of Paragon Partners, Ltd. for preparation of the Update to the Capistrano Terrace Mobilehome Park Relocation Impact Report in an amount not to exceed $69,710; and authorize the City Manager to execute the Professional Services Agreement. Respectfully submitte , Prepared by, Steven Apple, Al William A. Ramsey, AICP Community DeveloKment Director Principal Planner Attachments: 1, Professional Services Agreement with Paragon Partners, Ltd. 2, California Secretary of State, Business Entity Listing, Capistrano Terrace, Ltd., A California Limited Partnership. P PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this_day of , 2010, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Paragon Partners, Ltd. (hereinafter referred to as the "Consultant'). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the proposal to prepare a comprehensive update to the Relocation Impact Report for the proposed Mobilehome Park(MHP) Closure Application filed for the Capistrano Terrace Mobilehome Park,; 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. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall continue until notified that said services are no longer required, subject to 15 days notice of termination. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed $69,710 (sixty-nine thousand, seven-hundred and ten dollars and no cents) as set forth in Exhibit "B," attached and incorporated herein by reference. 1 ATTACHMENT 1 3.2 Method of Payment. Subject to Section 3.1, Consultant shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. 3.3 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. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra 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/or Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Consultant discover any latent or 2 unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the 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; E-Verify. 9.1. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 9.2. . E-Verify. If Consultant is not already enrolled in the U.S. Department of Homeland Security's E-Verify program, Consultant shall enroll in the E-Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Consultant shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E-Verify program can be found at hftp://www.uscis.go , or access the registration page at https://www.vis-dhs.com/emploverregistration. Consultant shall certify its registration with E-Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. 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 work, Consultant shall have delivered to City at least one (1) copy of any final reports and/or notes or drawings containing Consultant's findings, conclusions, and recommendations with any supporting documentation. All reports submitted to the City shall be in reproducible format, or in the format otherwise approved by the City in writing. 3 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 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. To the fullest extent permitted by law, Consultant agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, 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 damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's agents, officers, employees, subcontractors, or independent contractors hired by Consultant in the performance of the Agreement. The only exception to Consultant's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Consultant shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the subcontractor. Insurance required herein shall be provided by 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. Throughoutthe term of this Agreement, Consultantshall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General 4 Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 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 an amount not less than one million dollars per occurrence ($1,000,000-00). 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 naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 Errors and Omissions Coverage [FOR PROFESSIONS/WORK EXCLUDED FROM GENERAL LIABILITY] Throughout the term of this Agreement, Consultant shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant shall submit an insurance certificate to the City's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 14.6 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. 5 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.8 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 Consultant. In addition, this Agreement may be terminated by any party 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: William A. Ramsey, AICP, Principal Planner To Consultant: Neilia LaValle President and CEO 5762 Bolsa Avenue, Suite 201 Huntington Beach, CA 92649 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. 6 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. CITY OF SAN JUAN CAPISTRANO By: Joe Tait, City Manager CONSULTANT By: ATTEST: City Clerk APPROVED AS TO FORM: 04461114 1 City Altor e 7 Exhibit "A" ....1 SFr. April 7, 2010 Mr. William A. Ramsey, AICP, Principal Planner City of San Juan Capistrano Community Development Department 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Subject: Proposal to Provide an Update of the Relocation Impact Report for the Proposed Closure of the Capistrano Terrace Mobilehome Park Dear Mr. Ramsey: Paragon Partners Ltd. (Paragon) is pleased to submit the enclosed proposal to prepare the Updated Relocation Impact Report (RIR) for the Proposed Closure of Capistrano Terrace Mobilehome Park as required in the RFP issued on March 24, 2010. Established in 1993 as a California Corporation and a certified Women-Owned Business Enterprise (WBE), over 75% of Paragon's project work is from repeat clients or referrals from existing clients. Our client focused and quality oriented services have enabled Paragon to grow to over 125 professionals and support personnel and, to be not only one of the largest Right of Way consulting firms in the western United States, but to also be one of the most respected. By utilizing proven professional skills and technical knowledge, its personnel provide solutions to problems and expedite achieving project objectives. Paragon's name was selected by its owners to exemplify their standards— "Paragon —a pattern of excellence." Paragon has extensive experience providing relocation planning and implementation services to public clients throughout California including the cities of Carson, Lynwood, Los Angeles, Industry, Lake Forest, Riverside, Santa Ana, and the counties of Orange, Riverside and Los Angeles. Paragon has completed numerous Relocation Impact Reports for both public and private clients in Southern California involving proposed mobilehome park closures and other developments. Paragon is currently providing mobilehome acquisition and relocation services to the cities of Sacramento and San Pablo. In summary, Paragon will commit the personnel resources to support the City of San Juan Capistrano's needs. If selected, Paragon's team, in collaboration with the City, will assure the successful delivery of the updated RIR as directed by the City. I am the contact person at Paragon during the period of proposal evaluation. If you have any questions, or require any additional information, please contact me at (714) 379-3376, ext. 201 or via email at neilia0paraoon-partners.com. Thank you for your consideration. Sincerely, . �Zgj O.AA_ Neilia LaValle President and CEO 5762 Bolsa Avenue, Suite 201, Huntington Beach, CA 92649 Ph: 714-379-3376 www.paragon-partners.com Exhibit A Project Understanding Paragon Partners Ltd. (Paragon) understands that the City of San Juan Capistrano (City) is seeking a relocation consultant to update the Relocation Impact Report (the Report) for the Capistrano Terrace Mobilehome Park (the Park) originally prepared by Overland, Pacific, & Cutler, Inc. (OPC) in January, 2008. The Park owner, Capistrano Terrace Ltd., (Owner) through its representative and President of the General Partner, Richard Julian, has now advised the City of its plans to move forward with the closure of the Park. This requires that the original Report be updated. The preparation of the updated Report will be in accordance with City Municipal Code Section 9-2.331 (Code) and the City's Request for Proposal (RFP). Familiarity with the Area Paragon is familiar with the area and the history surrounding Capistrano Terrace Mobilehome Park. it has worked on projects near the Park and the 1-5 Freeway such as the Oso Parkway/1-5 Project for OCTA, the Avenida Pico/1-5 Interchange Study for the City of San Clemente, and the Pacific Coast Highway Streetscape Project for the City of Laguna Beach. The Park is located nearby at 32802 Valle Road, on the east side of the 1-5 Freeway and south of the La Novia/1-5 Interchange. It contains 152 space rentals. The Park is approximately eighteen acres and was constructed in the late 1950's as a travel trailer park and was subsequently zoned as a mobilehome park in the 1960's. Park History The Park's history includes a series of important events. The City first received notice of the Owner's intent to close the Park in November, 2006. From September, 2007 to December, 2008, there were discussions between the Owner and Park residents to allow the residents to purchase the Park. Lawsuits over the condition of the Park were also filed in 2007, with residents complaining about certain geotechnical and infrastructure problems. The sale to residents did not materialize and the Owner renewed its intention to close the Park. In compliance with the Code, the City solicited a relocation consultant to prepare the original report in January, 2007 and OPC completed the report a year later. A copy of the Report was given to Richard Julian shortly after its preparation to facilitate the transmittal of the Report to the Park residents. In December 2009, the City's Housing Advisory Committee (HAC) passed a resolution directing that the original Report be updated and the Owner agreed. Two months later, the Mobile Home Sub-Committee of HAC urged all branches of City government to expedite the closure application process to address residents' frustration with the speed of the process. On March 24, 2010, the C ity released its solicitation for an update of the Report. City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 2 PPL Proposal to Provide an Updated Relocation Impact Report April 7, 2010 Lw Scope of Work Requirements A. Project Initiation and Background As soon as possible after receiving a Notice to Proceed from the City, Paragon will propose a kick off meeting with the City Project Manager to: Discuss objectives, schedules and scope of work. a. Objective of the Project: Paragon understands the primary objective of the project to be the updating of the original Report in such a way as to comply with the Code and facilitate the closure of the Park in a fair and equitable way to both Owner and residents. This objective can be achieved through the preparation of and adherence to a very specific, detailed plan that supports residents' input while facilitating the Owner's desire to close the Park. The Report update will progress under the City's guidance from its relevant departments, the Planning Commission, and the Housing Advisory Committee. Paragon works successfully with both public agencies and private developers in various relocation projects and carefully balances both public and private interests. (Paragon has successfully relocated over 900 households in the City of Los Angeles under its Rent Stabilization Ordinance, which requires Paragon to directly interface between tenants and private landlords. Under the Rent Stabilization ordinance, landlords must directly provide relocation funds to residents and Paragon assists the City in administering the program.) b. Project Schedule: The kickoff meeting will also address the schedule for achieving this objective. This is especially important due to the lengthy history of the park closure process and the fact that there is no mechanism within the Code for closures to be put on hold. Paragon will establish tentative dates for project management meetings and public meetings. Paragon understands the diverse audiences that each type of meeting will have and will customize its message for each audience. A specific task schedule is included in Item H of this proposal. c. Scope of Work: Paragon will work the City Project Manager to thoroughly discuss and define the exact scope of work for the Project and Report. This definition process will clearly spell out what is expected and when under the schedule while also making sure the scope of work supports the objectives of the Project. The scope will identify specific deliverables and their completion dates. Periodic progress updates will be given to the City throughout the preparation of each deliverable. d. Establishing Roles and Responsibilities: At the kickoff meeting, Paragon will carefully review the City's system of internal roles, responsibilities and lines of communication. Paragon will also detail its lines of communication and the roles of each of its staff members. Project Director Darryl Root and Project Manager David Hudson will be the central points of contact for the City. These managers will be constantly available to the City not only at formal City meetings but also through phone, fax and email to answer any question or concern the City has on a real time basis. Each will have the responsibility and authority to carry out the City's directions on the Project and to make timely, useful recommendations as the Report process progresses. City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 3 PPL Proposal to Provide an Updated Relocation Impact Report April 7, 2010 Paragon believes strongly in the philosophy and objective of"Results, not excuses'. Clear and direct communications are the foundation of achieving results. Paragon has years of experience clearly and concisely communicating important relocation and planning objectives. For the City of San Pablo, both Mr. Root and Mr. Hudson attended City Council Meetings and explained to mobilehome park residents, Council persons, planners and the general public how the parks would close and what benefits would be extended to qualified residents. Both were required to outline how the closure would occur under applicable regulations, when important events would happen and the impact these events would have upon the City and the park residents. Similarly, Mr. Root and Paragon staff were required to address residents of the 100 Palms Mobilehome Park during the Riverside County EDA's acquisition and closure of that park. One such meeting was conducted at the beginning of the project and the other meeting occurred the morning after a fire broke out in the park and rendered half of the park dwellings uninhabitable. Under the direction of the EDA, Paragon personnel found temporary housing for all residents displaced by the fire by the end of the day and found permanent housing for all residents displaced by the closure. This experience and other relevant project information is further detailed later in the project experience section of this proposal. Other Paragon staff have also spoken in front of numerous boards and commissions, including the Los Angeles Board of Airport Commissioners, Los Angeles Unified School Board, Metropolitan Water District and the Alameda Corridor East Board. The presentations before these groups were the culmination of collaboration between Paragon staff and planners. These communications were facilitated by the fact that many of Paragon's staff have law degrees, MBA's or other advanced degrees. This gives Paragon a clear advantage over other consultants when discussing the application of regulations and codes to specific situations. Paragon's relocation presentations and impact reports have been approved by other state and federal agencies without major changes being necessary. These impact reports prepared for Caltrans, through various engineering prime consultants, include reports for the 1-710, SR-91, Centennial Parkway, Rosedale Highway, and First and Sixth Streets for the City of Los Angeles. These reports thoroughly discussed the impact of the projects on displacees and detailed the benefits and availability of replacement sites for hundreds of residential and non-residential occupants. B. Introduction Letter/Household Survey Paragon will submit a draft introductory letter for review and approval to the City's Project Manager. The purpose of the introductory letter will be to advise residents of the need to update the Report and gather survey information to help facilitate the update of the Report and the displacees' eventual relocation. Following the City Project Manager's approval of the draft letter of introduction, Paragon will mail the letter and the head-of-household survey by first-class mail along with a self addressed stamped envelope. A deadline for responding to the survey will be suggested by Paragon and approved by the City Manager. A household will be deemed non- responsive if it does not respond fully within the response period. For non-responsive households, Paragon will use all reasonable efforts to follow up. These methods include telephone calls, e-mails, and site visits, if necessary, to obtain the information. A minimum of two attempts to follow up with the non-responsive household will take place. In instances where Paragon has made and documented two follow up attempts, or in cases where the resident refuses to provide the information, Paragon will use information provided by the Owner or another verifiable source. (Paragon has experience with the use of secondary sources to City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 4 PPL Proposal to Provide an Updated Relocation Impact Report April 7, 2010 provide information for relocation impact studies. Its Draft Relocation Impact Reports (DRIR) for state highway projects use secondary sources only because the Caltrans Manual forbids contact with residents until a Final Draft Relocation Impact Report (FRIR) is completed and a final alignment is chosen. In addition, Paragon uses third party verification procedures to confirm certain information it uses in its Oakland Housing Authority Project. This project involves confidential information concerning over 1400 households.) The survey will include questions on: • The names, age, and gender of all household members. • Gross household income for all household members. • MD-diagnosed disability or chronic illness of any household member. • Distance(s) to employment of each household member, and neighborhood services. • Special needs of the household. • Current monthly space rent and total utility costs (i.e. natural gas, electricity, water, sewer, telephone, intern et access and/or cable television). • Outstanding installment loans including the term and amount of periodic payments. • The type and amount of housing subsidy received by the household or any member of the household. The letter will assure the confidentiality of the responses. Paragon performed similar tasks for the City of San Pablo for nearly 250 park residents affected by the purchase of the two parks (Circle S and Alvarado) by the City. Paragon was successful in gathering large amounts of data from residents by building a rapport with them through community meetings, City Council meetings and individual counseling sessions. (The San Pablo Project Director, Darryl Root, and Project Manager David Hudson, are also proposed on this project.) The trust engendered by Paragon's specific and detailed answers to residents' questions and Mr. Hudson and Mr. Root's abilities to ease frustration and fears about the relocation process resulted in obtaining survey information from all 250 affected households. Paragon's work on the Hood Trailer Park in Sacramento yielded the same results in gathering survey information. In both cases, Paragon implemented strict security measures on access to confidential information by employing its Paragon Data Quest! (PDQ) information system. The information was only accessible to a limited number of authorized Paragon personnel and City staff members. Project Management and Project Tracking System Paragon proposes to utilize its proprietary Project Management software Paragon Dataquest! (PDQ) to efficiently track and manage all data concerning residents' responses to surveys, mobilehome value estimates, relocation estimates and all other pertinent Report factors. PDQ is able to easily generate reports based upon a number of variables and assists in analyzing and interpreting data. It can also track all milestones, deliverables, and generate individual schedules for each project task. If requested by the City, PDQ can also store all of this information on a password protected internet platform so the progress of the project can be tracked by authorized users at any time. City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 5 PPL Proposal to Provide an Updated Relocation Impact Report April 7, 2010 C. Fair Market Value Appraisals Paragon will give notice to proceed to its Furniture, Fixture and Equipment (F&E) Appraisers to estimate the fair market value of each mobilehome and all real property improvements. The appraiser will contact all heads-of-households to inform them of the need to conduct an inspection on the condition of the mobilehome, including both the outside and inside of the coach. The appraiser will gather information including age (years), date of manufacture, type (manufactured or mobilehome or single, double, or triple-wide.) Paragon was instrumental in assisting its F&E appraiser in San Pablo gain access to the inside of mobile homes for appraisal purposes. Some residents were fearful that they would not receive fair compensation for their unit and did not understand the valuation method being used. Paragon explained the appraisal process and every resident granted access to his or her unit. The standard for appraising the San Pablo units was the same as requested here. Paragon has chosen Hjelstrom and Associates to perform the fair market appraisals of the units. Hjelstrom and Associates has over 50 years of experience valuing mobile homes and other items of F&E. They are an Orange County-based firm, located in Laguna, Hills, less than 15 minutes away from the project site. They have valued hundreds of mobilehomes in Southern California for various projects including: • Long Beach, approximately 40 mobilehomes, for a redevelopment project. • Pismo Beach, approximately 80 mobilehomes, for a redevelopment project. • Palm Springs, approximately 50 mobilehomes, for a redevelopment and road widening project. • Lake Perris, one mobilehome involved with a road widening project for the city. They have thoroughly studied the original Report and have reviewed the values placed upon each individual unit and are familiar with the Park and the kinds of mobile units located there. The Code specifies that the updated Report must contain the fair market value of each mobilehome and "all associated fixed property." This type of property may include awnings and carports or other features that must be accounted for in the appraisal. It is unclear in the original report if this associated property was contained in the fair market value assigned to each coach, but the Code makes it clear it should be. D. Estimated Cost to Relocate the Mobilehomes Paragon in consultation with its Relocation Cost Estimator, Richey Construction, (Richey) will determine which mobilehomes can and cannot be relocated to another mobilehome park based on condition and age, among other factors. Richey will then estimate the cost of moving those mobilehomes that they have determined are physically capable of being moved. The relocation estimator will visually inspect all mobilehomes. Paragon has worked for years with Richey to relocate hundreds of units from the Circle S and Alvarado Mobile Home Parks and the Hood Trailer Park in Sacramento. Richey has a full team of employees who have both demolished units in place and set up new units for hundreds of park residents. Richey also specializes in re- setting used mobilehomes in new parks. E. Market Research Paragon will conduct a market survey of comparable mobilehome parks offering rental spaces within a 50 mile radius of the City limits to gather the following information: City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 6 PPL Proposal to Provide an Updated Relocation Impact Report April 7,2010 • Park name, location and address • Distance of the park from Capistrano Terrace • Total leased spaces and num ber of current vacancies • Current lease rates, renewal provisions and terms • Policies and restrictions on the relocation of existing mobilehomes onto available mobilehome leases sites in the park Paragon will also review listings for mobilehomes for sale and discover the actual sale prices paid for units comparable to those found in the Park. For both the listed mobilehomes and the sold units, Paragon will note the gross square footage, age, and sale date, if applicable. Paragon will also survey the surrounding area for the availability and rental rates for replacement dwellings. Paragon obtained exactly this sort of information from hundreds of mobilehome parks in Orange, Kern, Riverside and San Bernardino Counties for a private client who was considering closure of two mobilehome parks with 250 units in Anaheim. The client ,who wishes to remain anonymous, was represented by Palmieri, Tyler, Wiener, Wilhelm & Waldron, LLP (Palmieri). Paragon prepared a Conversion Impact Report (CIR) for Palmieri and the client. Ultimately the client decided not to pursue closure due to political pressure. Prior to the abandonment of the closure process, Paragon was on a first name basis with many park owners due to the regularity with which its staff sought out available rental spaces. In addition, Paragon's extensive contacts throughout the mobilehome park industry give it access to open rental spaces prior to any general announcement of availability. Likewise, Paragon has worked with a large number of used and new mobilehome brokers on various projects. These brokers are often a reliable source of information on specific sales prices and on the mobilehome market in general. These brokers also are able to provide project displacees with better pricing than members of the general public due to the possibility of selling a higher number of units once the closure process progresses. F. Relocation Impact Report Preparation Paragon will include a discussion and analysis of all elements listed in the Code including an evaluation of the survey results and consideration of appropriate measures to mitigate the impacts of the closure. The evaluation of the survey results and the mitigation measures will be based upon all relevant factors discovered during the research process. Prior to the submission of the Working Draft to the City, Paragon will submit its detailed findings and proposed mitigation measures to the City's Project Manager. After this submission, Paragon will make all corrections and submit the proposed Public Review Draft Relocation Impact Report (PRDRI). After public review and City Council action on the PRDRI, Paragon will submit its Final Relocation Impact Report. Paragon will draw upon its expertise with impact reports and relocation plans to help it make specific, actionable recommendations for the City. For example, the Anaheim ordinance governing the preparation of the CIR for Palmieri is very similar to the City's municipal code sections governing park closures. Like the City's code provisions, the Anaheim code required a lot of information on the park properties to be closed, such as maps of the properties, onsite features and amenities, the number or spaces within the park, lease rates for the spaces, and the number of residents. Both the City's municipal code and the Anaheim code required research into the location of comparable mobile home parks and the availability of spaces in City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 7 PPL Proposal to Provide an Updated Relocation Impact Report April 7,2010 these parks. Paragon was able to contact and become familiar with over 214 different mobile home parks in Orange, Los Angeles, Kern, San Bernardino and Riverside Counties. Therefore, extensive recent research into the vacancies and amenities in each of these parks is readily accessible to Paragon. As part of its work on the CIR, Paragon also contacted a multitude of conventional rental properties in order to offer referrals to residents who rented homes in the park. Both the Anaheim and San Juan Capistrano codes require the determination of costs for relocating the mobile homes and reinstalling certain amenities such as porches, etc. Each code also requires a list of proposed measures to mitigate the adverse impacts of the conversion upon park residents. Through the preparation of the Anaheim CIR, Paragon reinforced existing skills with researching replacement parks and their requirements for new entrants; the process and costs of the set up and tear down of mobile homes; the connection of utilities; and a host of other mobile home relocation issues. Paragon also built up a network of relationships with mobile home park dealers, real estate agents, and park managers within a large radius. Paragon gathered similar information for its CIR for the Sacramento Housing and Redevelopment Agency (SHRA)'s Hood Trailer Park project. The CIR, however, was prepared pursuant to the State's Mobile Home Residency Law (MRL) as there was no applicable municipal or county ordinance. The CIR was approved by the Sacramento Planning Commission with few changes required. Based upon its initial performance, Paragon was also awarded the relocation implementation and property management contracts. A reference letter commending this performance is located in the References Section of this proposal. One of the most important features of the updated Report will be the mitigation measures proposed. The original Report suggested general mitigation measures but did not fully address the most pressing issue for residents. That issue is centered around the fact that, due to the age of the mobilehomes, many replacement parks will not accept the unit. This leaves the resident with a gap between the fair market value of the unit and the funds required to purchase a new or newer mobilehome. Paragon would mitigate this dilemma by advising residents of other government programs which assist them in buying replacement homes such as First Time Home Buyer Programs, mortgage credit certificate programs, etc. Using these programs and others, Paragon was able to help 70% of the San Pablo park residents obtain a conventional or new mobilehome with loans that they could afford. G. Public Meetings Paragon's Project Director and Vice President, Darryl Root, will attend two public information meetings pursuant to the Code and will attend three public meetings to provide technical and professional support to the HAC, Planning Commission, and City Council. H. Schedule Presented below is Paragon's detailed schedule of all tasks and their durations, which includes time for City review of a Working Draft Relocation Impact Report, Public Review Period for the Draft Relocation Impact Report, Committee/Commission review and final action on the Draft Relocation Impact Report. City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 8 PPL Proposal to Provide an Updated Relocation Impact Report April 7, 2010 Jrtj. Task Deliverable Date City selection of Notice to Proceed Approximately April 20 Consultant To prepare (Must be within 90 days of Relocation Impact Report written Request of Applicant) City Notification of Notice to Residents Approximately April 20 Residents that Preparation of Relocation Impact Report will begin Paragon Kickoff meeting List of Objectives, Schedules, April 21 -April 28 with City, Preparation of Scope of Work, Delineation of Final Objectives and City and Consultant Roles and Schedules Responsibilities, Confirmation of Project Deliverables, Dates, including Draft Relocation Impact Report; Establish Dates for Project Management Meetings, Public Meetings and Mobilehome Park presentations Preparation and Draft Letter and Survey April 30 Transmittal to City of Draft Introduction Letter and Household Survey Begin Market Research Market Research April 30 -July 17 based Upon Information in Original Report City Review of Draft Letter Approved Letter and Survey May 7 and Survey First Informational Public Public Meeting May 8 Meeting Mailing of Letter and Notification of Residents May 7 - May 10 Survey First Professional/ Discussion of Project Progress May 11 Technical meeting with the HAC/Planning/City Council Receipt of Survey Data Preparation of Survey Database May 11 - May 18 Follow up with Non- May 18 - May 25 Responsive Households Organization and Analysis Survey Conclusions May 11 - May 25 of Survey Data Notice to Proceed Given to Notices to Proceed May 25 - July 10 Appraiser and Relocation Estimator to Begin Work Preparation of Initial Preliminary Conclusions July 10 -July 17 Findings Findings Given to City's Review of Preliminary July 17 - July 24 Project Director I Conclusions City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 9 PPL Proposal to Provide an Updated Relocation Impact Report April 7, 2010 Task Deliverable Date Preparation of Draft Draft Relocation Impact Report July 25 -August 14 Relocation Impact Report City staff review Corrections to Draft Relocation August 15 -August 29 Impact Report Inclusion of City Public Review Draft Relocation August 30 Comments into Draft Impact Report Relocation Impact Report Second Professional/ Discussion of Public Review August 30 Technical meeting with the Draft Relocation Impact Report HAC/Planning/City Council Public Review of Draft Public Review Period August 31 - September 14 Relocation Impact Report Committee/Commission Approved Report September15 - September Action on Draft Relocation 29 Impact Report/Inclusion of Public Comments Transmittal of Approved Transmission of Report September 30 Report To Applicant/Owner Owner distribution of Report Distribution October 1 - 15 Report (Must not be less than 30 days prior to Planning Commission Hearin Second Informational Public Meeting October 16 Public Meeting (Must not be less than 14 days prior to Planning Commission Hearin Third Professional/ Discussion of Final Report November 19 Technical meeting with the HAC/Planninq/CitV Council Planning Commission Approved Final Report November 23 Hearing Approval of Report and Application I. Proposed Budget Paragon's detailed budget which outlines its all tasks, staff assignments and related costs and its not to exceed project cost can be found in the Fee Proposal section of this proposal. J. Information Provided by the City or Applicant(Owner) Paragon understands that either the City or the Applicant (Owner) will provide: • a legal description of the Park; • a base map with a detailed description of the condition of the Park indicating the location of structures, landscaping, easements, utilities and other onsite features and amenities; • a copy of the current, executed rental agreement for each leased space in the Park; • the length of occupancy of each space and its monthly rental rate; • and all the information prepared by OPC in electronic format. These items will provide the basis of Paragon's updated Report. City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 10 PPL Proposal to Provide an Updated Relocation Impact Report April 7, 2010 K. Relevant Project Experience Client Project Project Description Redevelopment Alvarado Mobile Home Paragon is finishing relocation Agency of the City of Park and the Circle S assistance services for the Circle S San Pablo Mobilehome Park Project mobilehome park and the Alvarado mobilehome park. The City plans to redevelop the 16 acres into a brand new residential community. Paragon is providing relocation planning and assistance services for the Alvarado Mobile Home Park for 49 units, including 8 travel trailers and for the Circle S Project affecting a total of 250 displacees, including a Salvation Army Thrift Store. Sacramento Housing San Juan Motel/Hood Paragon provided relocation services and Redevelopment Trailer Park Project for the relocation of 23 trailer park Agency households at the Hood T railer Park and nine (9) resident households at the San Juan Motel. Paragon also provided acquisition services for 19 trailers. Riverside County 100 Palms -Thermal Paragon provided relocation and Economic Trailer Park Interim property management Development Agency services for the Thermal area of Riverside County in connection with the relocation of approximately 35 mobilehomes, 15 huts, an auto tire shop and a small commercial market. L. References Sacramento Housing and Redevelopment City of San Pablo Agency Sonya Rivas Sandy Lee Redevelopment Analyst, Special Events Relocation Coordinator Coordinator 630 1 Street 13831 San Pablo Avenue, Building 3 Sacramento, CA 95814 San Pablo, CA 94806 916 440-1399 510 215-3200 Riverside County Economic Development Palmieri, Tyler, Wiener, Wilhelm &Waldron, Agency LLP Janet Parks Ryan Easter Redevelopment Coordinator 603 Main Street, East Tower, Suite 1300 1325 Spruce Street Irvine, CA 92714 Riverside, CA 92507 (949) 851-9400 951 955-8916 City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 11 PPL Proposal to Provide an Updated Relocation Impact Report April 7,2010 Reference Letter from Mabel Furr FROM THE DESK OF MABEL FURR April 7,2010 William S.Ramsey,AICP,Principal Planner Community Development Department 32400 Paseo Adelanto San Juan Capistrano,California 92675 Re: Recommendation of Paragon Partners Ltd. Dear Mr. William A.Ramsey: I have worked with the Sacramento Housing and Redevelopment Agency(SHRA)for fourteen years as their Redevelopment Coordinator. I retired in December of last year. SHRA has worked with Paragon Partners Ltd.(Paragon)on various relocation projects. Perhaps the most challenging project was the San Juan Motel and Hood Trailer Park Relocation Project. This project involved 9 relocations from a small motel and 23 relocations at an adjacent mobile home park. It was necessary for Paragon to write a Conversion Impact Report for the project. The CIR(CIR)prepared by Darryl Root, Relocation Director,and his staff was very comprehensive and well planned. It addressed the needs of the residents and conformed to all applicable regulations. The plan outlined a reasonable schedule for the relocations of the park. The CIR was approved the first time with very few changes being necessary by the Sacramento Planning Department. Paragon met all scheduling dates and their budget for the project. In addition to the Conversion Impact Report,Paragon performed the relocation services and property management services. Both of these services were performed very well and each service was performed on schedule and within Paragon's budget. Paragon also met the amounts listed on their relocation benefit cost estimates. Due to the extremely blighted conditions of the area,this was one of the most challenging projects ever undertaken by SHRA.All residents of the park were very low income individuals,many of whom had substance abuse problems.All residents were moved out on schedule and the project had no relocation appeals. I am very happy to strongly recommend Paragon Partners Ltd. for the assignment to update the City's Relocation Impact Report. Sincerely, �/// y,� Aa/IA I A� Mabel Furr Retired Relocation Coordinator for SHRA 916-452-5459 City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 12 PPL Proposal to Provide an Updated Relocation Impact Report April 7, 2010 Reference Letter from Sonia Rivas (W V ty 4t _O > CIT " SAt PP,BLO April 2,2010 a,y.,f vr„ W r- William S.Ramsey,AICP,Principal Planner Community Development Department 32400 Pasco Adelanto San Juan Capistrano,California 92675 Re: Recommendation of Paragon Partners Ltd. ZDear Mr.William A. Ramsey: The Redevelopment Agency of the City of San Pablo("Agency's identified Paragon Partners Ltd.("Paragon')through an invitation only Request For Proposal to provide relocation services for two separate mobile home parks comprised of 260 units and a large commercial site in 2006. o Some of the challenges presented to Paragon included a re-tenancy of certain households, adhering to promises made by the Council,and a phased planned development that was Uto occur concurrently with the relocation. After an initial rough start by a previous consultant,the Project Manager,David Hudson, stepped in to review the project and its specialized intricacies. After a few preliminary discussions,Mr.Hudson returned to the Agency with a plan and recommendations to relocate our tenants in a more efficient manner than the Agency had anticipated. Prior to the inception of services,Mr.Hudson had gathered his team of relocation specialists,prepared an extensive schedule of comparables organized by number of bedrooms,finalized the notices of eligibility and had them translated into Spanish, prepared a draft Relocation Plan,prepared a benefit calculation cheat sheet for staff,and established an office on site to better meet the needs of the tenants. The relocation plan carefully laid out the steps to be taken under state law in order to efficiently relocate the impacted tenants. Mr.Hudson even made it his personal goal to finalize the project on time and under budget for both Paragon's fees and the relocation benefits estimated for displacees. Our current records reflect that the goal is on track. Paragon's staff are professional,very knowledgeable,efficient and most importantly, personable,essential when dealing with a large diverse group of people. Mr.Hudson has gained the respect of our families,seniors and City Staff because of his personable and caring personality and genuine interest in helping his clients during this stressful change 13831 San Pablo Avenue,BUldng 3•San Pablo,CA 94806 NIGIR 510-215-3030•Fax;510-235-9417 www.c[.Sa Pablo.cam City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 13 PPL Proposal to Provide an Updated Relocation Impact Report April 7, 2010 in their lives. Mr.Hudson and his relocation specialist Ms.Yolanda Flores are both fluent in Spanish and have been instrumental in assisting our Spanish speaking clients to help them understand the relocation process and ease their fears about moving and fair treatment. It is with great pleasure that the Agency recommends Mr.David Hudson and Paragon Partners to provide excellent professional relocation services to any project. Resspecctt�fiilly, Sonia Rivas � . Redevelopment Analyst CC' Paragon Partners Ltd David Hudson Yolanda Flores City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 14 PPL Proposal to Provide an Updated Relocation Impact Report April 7, 2010 M. Proposed Key Personnel Darryl Root, J.D., MBA, RW/RAC, Proiect Director Darryl Root has more than 20 years of professional real estate experience in both the public and private sectors involving real estate sales and acquisition of right of way, easements and fee property, as well as residential and commercial relocation assistance. He has managed acquisitionlrelocation projects for municipalities, county and state agencies and has extensive experience in eminent domain cases and procedures. Mr. Root has successfully managed both large and small projects involving multiple projects and agencies. Mr. Root has managed several mobilehome park relocation projects in both Northern and Southern California and the Bay Area. Mr. Root has served as Project Manager for the Los Angeles Unified School District and supported the real estate program for the Alameda Corridor East-Construction Authority. David Hudson, Proiect Manager David Hudson has 10 years of experience providing relocation assistance services. He has personally negotiated and processed over 178 relocation settlement cases during an 18 month period, partially offsetting a high dollar operating deficit for the Los Angeles World Airports (LAWA). Mr. Hudson created and executed full-service relocation plans for multi-family residences and commercial businesses for private developers and public agencies. He has negotiated, facilitated and dispersed $20 million dollars in residential relocation funds for community redevelopment and located, researched and negotiated property acquisitions for public agencies and private developers. Mr. Hudson served as the Project Manager for the Circle S and Alvarado Mobilehome Relocation projects. Mr. Hudson is bilingual in English and Spanish. Arturo Perez, Principal Residential Relocation Agent Mr. Perez is responsible for managing various projects and client interface. He has been responsible for business, residential homeowner, and tenant relocation cases. His duties include replacement site selection, calculation of benefit payments, coordination with moving companies, inspection of replacement housing sites, and extensive file documentation. Mr. Perez has over seven years of diversified relocation experience. He has worked on several mobilehome park projects including projects for the cities of Oxnard, San Pablo, Sacramento and Riverside County. Mr. Perez speaks and writes fluently in English and Spanish. Konstantin Akhrem, QA/QC Manager Konstantin Akhrem has seven years of experience as a Relocation Specialist in Right-of-Way projects and a total of 10 years of experience in the Real Estate field and local housing market in various capacities including real estate sales, residential mortgage financing and property management. Mr. Akhrem is knowledgeable in all aspects of public relocation and he is experienced in implementation of both state and federal relocation regulations under the California Government Code 7260, and Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA). He is familiar with relocation policies procedures of various Public Agencies, including HUD, FAA, Caltrans, and LAUSD. Mr. Akhrem is well versed in California Landlord-Tenant Law, Fair Housing laws, relevant provisions in California Heath & Safety Code and the Los Angeles Rent Stabilization Ordinance. To date, Mr. Akhrem has worked on over 1,400 residential relocation cases, many of them were mobilehome displacees. City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 15 PPL Proposal to Provide an Updated Relocation Impact Report April 7,2010 14L. .`F Organization Chart The Paragon team members and lines of communication and authority are described in the Organization Chart below. City of San Juan ,Capistrano Capistrano Terrace Mobile Horne Park Project J PRoiEcT DIR TOR• Darryl Root J D, MBA RW/RACt 5AAx. g PROJECT MANAC-ER David Hudsop*!t RELOCATION SERVICES APPRAISALS RVI S Arturo Perez,Principal Residential Relocation Agent't Gordon Hjelstrom,Hjelstrom&Associates, Konstantin Akhrem,Quality Control,M,anager*t.=: F&E Appraisals Craig Chong,Senior Relocation Agent` Yolanda Flores,,Relocation Agent` Mina Villalobos,Project Coordinator' \ RELOCATION ESTIMATING SERVICES Larry Richey,Richey Construction, Relocation Estimator Blrngeel } Key Personnel Mr. Root and Mr. Hudson will direct the activities of each team member and update them on decisions reached with the City's Project Manager. All team members will treat the Park residents in a uniform way with respect and dignity. All staff members will understand the lines of project communications and adhere to all project guidelines. Paragon's Quality Control Manager, Konstantin Akhrem, will ensure that all deliverables are accurate, on time and within budget. Full resumes for proposed Key Personnel is included in section N of this proposal. City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 16 PPL Proposal to Provide an Updated Relocation Impact Report April 7,2010 Exhibit "B" T;4, ...1 ca. Cost Proposal Task Fee Preparation of Relocation Impact Report $20,885 Appraisals of Mobilehomes $38,000 Relocation Estimation $7,600 Attendance at two (2) Informational Public Meetings $1,050 Attendance at three (3) Professional Technical Meetings $1,575 Budget for Other Reasonable Expenses $600 Total $69,710 Assumptions • Paragon's scope of work includes research for and preparation of the Updated Relocation Impact Report (RIR). Other activities required by the housing specialists in City Municipal Code Section 9-331 after the approval of the RIR are not within the scope of the RFP. • Paragon assumes reasonable access to pertinent records in the possession of the owner and City. • Paragon assumes two informational public meetings and three technical meetings with the City. Paragon will be in frequent communication (phone, fax and email) with all relevant stakeholders during the preparation of the RIR. • Paragon assumes the park has 152 occupied spaces. • Paragon assumes value estimates are needed for 152 different mobile homes. Vacant spaces will reduce the appraisal fees required for the project. City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 17 PPL Proposal to Provide an Updated Relocation Impact Report April 7,2010 Fee Schedule Classification Hourly Rate Principal/Project Director/Corporate Broker $165.00 Manager $150.00 Principal Acquisition Agent $115.00 Senior Acquisition Agent $ 95.00 Acquisition Agent $ 85.00 Principal Relocation Agent $115.00 Senior Relocation Agent $ 95.00 Relocation Agent $ 85.00 Senior Title Agent $ 95.00 Title Agent $ 85.00 Project Coordinator $ 75.00 Right of Way Engineer, P.E. $140.00 Senior Right of Way Engineer $120.00 Associate Right of Way Engineer/ GIS Specialist $ 95.00 Right of Way Engineering Technician $ 75.00 Senior Appraiser $140.00 Associate Appraiser $125.00 Administrative Support $ 65.00 Office Clerk $ 50.00 IT Support $110.00 Depositions and Court Testimony $250.00 Direct Charges Copies Xerox $0.15 each Pagers/Cellular A Cost D & E Size Copies @ $5.00 each Air Travel & Lodging Cost Real Estate Data Services @ Cost+ 15% Mileage @ $0.50 per mile* Telephone/Fax @ Cost Sub-Consultants @ Cost+ 15% —Postage/FedEx @ Cost Other Expenses @ Cost + 15% *Or current IRS allowable Terms of Payment — Net 30 days. Invoices will be submitted monthly. All rates are effective as of January 1, 2010. Rates will be revised annually on January 1, 2011 to reflect increases in the cost of living and current business conditions. Overtime for applicable labor classifications will be charged at 1.5 times the hourly rate in accordance with California law. City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 18 PPL Proposal to Provide an Updated Relocation Impact Report April 7, 2010 �I6.KIt�stl MJ �JItLJXiff4rr, Zv - --Cilifornia Sccrctary of State Dcbra Bo-wen Btsroa Eatinea(W Business Entity Detail i Online Services -Rieihleaa Search -oiadawre search Data is updated weekly and Is current as of Friday,April 30,2010.It is not a complete or certified record of the j -E-RII Sbtineent. entity. -Mad Pracecsino Times Entity Name: CAPISTRANO TERRACE,LTD.,A CALIFORNIA LIMITED PARTNERSHIP Main Page Entity Number: Service Optbns 200311100004 04J18(2003 Name Avails oldy ACTIVE Forney Samples A Fees Annual/Bfenn1a15tatements i 23792 ROCKFIELD SIE, 100 Filing Tips Fritity City,St�tc,Zip: LAKE FOREST CA 92630 Information Requests (certificates,copies a RICHARD].]ULIAN status reports) 22974 EL TORO ROAD Service of Process LAKE FOREST CA 92630 FAQs contact information -Indicates the information is not contained in the California Secretary of State's database. Resources 'Note:If the agent for service of process Is a corporation,the address of the agent may he requested by -Business Resources ordering a status report. -Tan Information Startaq A Business a For information on checking or reserving a name,refer to Name Avallablllty. -International Business For information on ordering certificates,copies of documentss and/or dJdrsta[tis reports or to request a more Relations Program extensive search,refer to In(amlatlggReqqests. a For help with searching an entity name,refer to Search Tfps Customer Alert a For descriptions of the various fields and status types,refer to Field Descriptions and Status Definitions. (misleading business solicitations) J Npdrty,Searcfi. New Search Printer FNendly Back to Search Recalls P.nraro slxemeat I Free pacepaaat R.aa«s Copyright 9 2010 California Secretary of State Attachment 2 32400 PhSEO AtiELANTO .w`� MEIN OF THE CRY COUNCIL SAN JUAN CAP/STRAND,CA 92675 SAM ALLEYATO (949)493.1171 KHNU U LAURAFREEN (949)493-1053 FAx r UMUMI 1961 T10MAS W HFAM Ivunusunjuuncapratrnno.nr (7�6 MAW NIELSEN • • DR Lis USO NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 6:30 p.m. on Tuesday, May 18, 2010, in the City Council Chamber in City Hall, to consider: "Continued Consideration of Award of Contract for the Preparation of a Comprehensive Update of the Capistrano Terrace Mobilehome Park Relocation Impact Report" — Item No. D9. 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, May 17, 2010, 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 William A. Ramsey, AICP, Principal Planner. You may contact that staff member at (949) 443-6334 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.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(cDsa n i uancapistrano.org. Maria Morris, CMC City Clerk cc: Richard Julian, Capistrano Terrace Ltd. (Park Owner); Sally Rather, Capistrano Terrace Mobilehome Park Resident's Association; Jess Lopez, Capistrano Terrace Mobilehome Park Resident's Association; Del Richardson & Associates, Inc.; Epic Land Solutions, Inc.; Paragon Partners, Ltd.; Shober Consulting, Inc.; Spectrum Land Services; Vicki Talley San Juan Capistrano: Preserving the Past to Enhance the Future it 5118/2010 D9 May 17, 2010 RECEIVED To: Joe Tait, City Manager C 2010 MAY I l P 4= 00 City Council Members Steven A. Apple �; ,; William Ramsey SAN imA i C;w(STRAIw RE: Agenda Item #D9 Continued consideration of Award of Contract for the Preparation of Comprehensive Update of the Capistrano Terrace Mobile Home Park Relocation Impact Report. Dear Sirs It is a well known fact that Richard Julian has controlling partners in his partnership entity which owns Capistrano Terrace Mobile Home Park (CTMHP). The fact that the tax assessor shows the subject property owned by Advanced Group 03-79, when all along it has been owned by Capistrano Terrace LTD, is just one of the steps of trying to hide the controlling partners. The ordinance clearly intends that these partners not only be disclosed but also give evidence they give consent to the park closure. Mr. Julian's actions in regards to his treatment of the Capistrano Terrace MHP residents, is to ask us to simply leave our homes immediately (without compensation) due to dangerous conditions, even seeking the City's help in getting us to do so. Mr. Julian is also causing the removal and/or demolition of mobile homes and the slow turning of our owner occupied mobile home park into rentals. In addition to many other insults, we are told that we will be paid only $10, 000. to $16,000. For our mobile homes when the park closes. As mobile home owners, we need to know if the controlling partners are on board with financing the closure of CTMHP since Mr. Julian so far is not demonstrating compliance with the Park Closure ordinance's intent.. This should be of the utmost concern of the City Council and City Manager. If Mr. Julian doesn't have adequate financial backing, then this process becomes a sham. It is not prudent to simply ASSUME. This is the intent, I believe, of "Section (k) Definitions' of the park closure ordinance which reads as follow: Section (k) Definitions: 2) Applicant. The person(s), firm(s), entity(ies), or corporation(s) applying for any application for the purpose of converting, changing to another use, closing, or ceasing to use land as a mobilehome park. If the owner of the controlling interest in a mobilehome park is not the applicant, then the applicant must provide evidence of the controlling owner's consent to the filing of the application. When the city is poised to assist Mr. Julian monetarily with City Redevelopment and Set Aside funds in the development of Mr. Julian's Distrito La Novia/Meadows and Capistrano Terrace Mobile Home Park land, why would you interpret the ordinance loosely? Eradication of the Capistrano Terrace Mobile Home Park resulting in the displacement of over 100 low income and very low income mobile home owners (including countless household residents from these homes) out of the City is serious business. T would like to see the selection of the relocation impact report consultant completed and the report funded, however I am not satisfied that the City has followed the ordinance in requirements of information needed on the park owner's application for park closure. Also, I am still concerned that Paragon Partners cite their major experience with a MHP closure using a reference of a "client" who wishes to remain anonymous. I will now seek the active involvement of Legal Aid and the Pubic Law Center on this matter. I am also seeking their counsel on the City's refusal to acknowledge their obligation to Title 25 (Mobilehome Park Act) enforcement on MHP owners and the consequences of that refusal on the safety of the residents of CTMHP. Thank you in advance for your attention to this matter. Sally Garibaldi Rather, President, CTMHOA And interested resident of CTMHP 2/2/2010 AGENDA ITEM G 1 a TO: Joe Tait, City Manage FROM: Steven Apple, AICP, Community Development Director SUBJECT: Consideration of Initiating a Request for Proposals (RFP) Process to Select a Consultant to Prepare a Comprehensive Update of the Capistrano Terrace Mobilehome Park Relocation Impact Report. RECOMMENDATION By motion, direct staff to proceed with the Request for Proposals (RFP) process to retain a qualified consultant to Prepare a Comprehensive Update of the Capistrano Terrace Mobilehome Park Relocation Impact Report. SITUATION On November 22, 2006, John Carmichael, representing the owners of the Capistrano Terrace Mobilehome Park, informed the City of the owners intent to initiate Mobilehome Park (MHP) closure process. Title 9, Land Use Code Section 9-2.331, entitled "Mobilehome Park conversions, closures, and cessation of use" establishes regulatory provisions for proposed mobilehome park closures or conversions (see Attachment 1, Title 9, Land Use Code Section 9-2.331). Under these provisions, the City is required to select a professional consultant that specializes in the evaluation and preparation of a Relocation Impact Report. The Code requires that such reports include, but not limited to: • evaluation of the costs associated with relocation of mobilehomes within the park, • an appraisal of the fair market value of each mobilehome and associated fixed property of those coaches that cannot be relocated. On February 20, 2007, the City Council selected Overland Pacific & Cutler, Inc. (OPC) to prepare the Relocation Impact Report, the City subsequently executed a contract and OPC completed the report in January 2008. Following submission of the Draft Relocation Impact Report, staff proceeded with the California Environmental Quality Act (CEQA) review process and completed a Draft Initial Study in July 2008. Consistent with the City's "Local Guidelines for Implementing the California Environmental Quality Act," the applicant was requested to review and sign the "applicant concurrence" section. The applicant engaged in an extended review of the environmental document. More recently, the City advised the applicant that they must clarify the status of the previous application by stating their intention to either take action to continue processing Agenda Item Page 2 February 2, 2010 the closure application, or withdraw the application. In addition, the Housing Advisory Committee, at its November 2009 meeting, adopted a resolution urging the City to require that the applicant proceed with processing the closure application, or have the application deemed withdrawn. In response, by letter dated December 1, 2009, Richard Julian, on behalf of the property owner Capistrano Terrace, Ltd., advised the City of their desire to continue processing the closure application (see Attachment 2, December 1, 2009 Letter from Capistrano Terrace, Ltd.). Because almost two years have passed since the completion of the original Relocation Impact Report, that report now contains out-dated information which must be updated so that it's timely and accurately reflects current conditions and circumstances within the Park. Staff contacted and requested a proposal from Overland Pacific & Cutler, Inc. (OPC) to comprehensively update the Report and after reviewing our request for several week, OPC responded that their current workload and commitments would not allow them to take on this additional work at this time. Consequently, the City will now be required to retain a new consulting firm that prepares Mobilehome Park Relocation Impact Reports as part of their professional specialty. As part of the original Request for Proposals (RFP) process, the City identified three firms including Epic Land Solutions, Inc. (ELS), Overland Pacific & Cutler, Inc. (OPC), and Paragon Partners, Ltd. (PPL). Staff would solicit proposals from both Epic Land Solutions, Inc. (ELS) and Paragon Partners, Ltd. (PPL) as well as other firms with the capability for completing the necessary work. The applicant will then be required to deposit adequate funds with the City to update the Report. PUBLIC NOTIFICATION The proposed project does not require publication of a formal public notice nor the notification of individual property owners. Public notice has been satisfied through the State-mandated posting of the meeting agenda at City Hall and on the City's website. Furthermore, posting of the agenda on the City's website also includes a copy of the agenda item. This agenda item has been provided to interested parties including the following individuals through posting of the agenda packet on the City's website. Richard Julian, Capistrano Terrace, Ltd. Capistrano Terrace Mobilehome Park Resident's Association, Sally G. Rather, President. Capistrano Terrace Mobilehome Park Resident's Association, Jess Lopez, Vice- President Jim Vance, Resident Agenda Item Page 3 February 2, 2010 RECOMMENDATION By motion, direct staff to proceed with the Request for Proposals (RFP) process to retain a qualified consultant to Prepare a Comprehensive Update of the Capistrano Terrace Mobilehome Park Relocation Impact Report. Respectfully Submitted, Prepared by, Y1 6m6c Steven Apple, William A. Ramsey, AICP Community Development Director Principal Planner Attachments: 1, Title 9, Land Use Code Section 9-2.331, entitled "Mobilehome Park conversions, closures, and cessation of use." 2, December 1, 2009 Letter from Capistrano Terrace, Ltd. Municode Page 1 of 7 A� Print Sec. 9-2.331,_-Mobilehome park conversions, closures, and cessation of use. (a) Purpose and intent. The purpose and intent of this section is to require the person proposing to convert an existing mobilehome park to another use,to close a mobilehome park, to cease using land as a mobilehome park, or to file a subdivision map application connected with a conversion of use for a mobilehome park to file and distribute a report on the impact of such change and to require measures to be undertaken to mitigate the adverse effects of the change of use upon the residents of the mobilehome park who would be displaced by such change. (b) Review process.The Planning Director shall prescribe the type and form of information required and shall ensure that it is of sufficient detail to allow adequate analysis of each proposal. Applications for the proposed change of use,and/or closure of a mobilehome park shall be processed in accordance to the procedure depicted in Figure 2-14. If the application is found to be incomplete, the Department of Planning Services will notify the applicant in writing within thirty (30) days what additional information is required, and the application will not be processed until that information is received by the Department of Planning Services. (c) Relocation impact report required/purpose. (1) Any person who files an application with the City for a General Plan amendment or for a rezoning of land type or density, or for approval of a tentative tract map, conditional use permit, or any other application for the purpose of converting a mobilehome park to a condominium, stock cooperative, or any other form of ownership wherein mobilehome spaces within the park are to be sold for residential use,or to change to another use, close a mobilehome park, or cease to use land as a mobilehome park, shall concurrently file with the City a mobilehome relocation impact report that complies with this section.The purpose of the report is to address the impact of the conversion, closure, or cessation of use upon displaced residents of the mobilehome park.No such application. shall be considered or approved unless and until such relocation impact report is filed and approved in accordance with this section. (2) The City shall select a consultant to perform the relocation impact report within ninety(90) days of a written request from the applicant. The applicant shall be noticed in writing of the estimated cost of the relocation impact report and shall deposit that sum with the Planning Services Department prior to commencement of any work on the relocation impact report. The City will then contract with a consultant for the preparation of the relocation impact report. Once an application is filed,the residents of the mobilehome park shall be notified by the City that an application has been filed and preparation of the relocation impact report will begin. The relocation impact report shall contain, but need not be limited to, the following information: (A) A legal description of the property; (B) A map and detailed description of the condition of the mobilehome park, including the nature and location of structures, landscaping, easements, utilities and other onsite features and amenities; (C) The names and addresses of all mobilehome owners within the park(including absentee mobilehome owners), as shown on the rental agreement for the mobilehome park spaces, and the names and addresses of all mobilehome tenants within the park as of the date of the application; (D) The age, including date of manufacture, of each mobilehome within the park, including the type of mobilehome, width, size, and number identifying the mobilehome space being occupied; (E) The number of spaces within the park, length of occupancy by the current occupant of each space, and the current lease rate for each space; (F) The total number of mobilehome residents,broken down space by space, identifying owner or renter occupancy,principal or second home occupancy, occupants under sixteen(16)years of age,occupants sixty(60) years of age and over, and the number of residents who are physically disabled, including the chronically ill; (G) A description of the proposed new use and all discretionary approvals necessary therefore, if any; (H) The proposed timetable for conversion, closure, or cessation of use of the land as a mobilehome park and for obtaining other discretionary approvals for the proposed use, if any; (1) The location of all comparable mobilehome parks within a fifty(50) mile radius from the City limits of the City of San Juan Capistrano, including the park name, number of lots, number of vacancies, lease rates and terms, policies, and restrictions on the type ofmobilehomes and residents accepted, amenities offered, and proximity to services (bus stops, grocery stores, hospitals, etc.); (J) A determination based on the information provided in subsections (D), (E) and(1) above of the total number http://library.municode.com/print.aspx?client]D=16607&HTMRequest=http%3a°/`2t%2flib ATTACHMENT 1 Municode Page 2 of 7 of mobilehome units that are eligible to be relocated to a comparable mobilehome park; http://library.municode.com/print.aspx?clientID=16607&HTMRequest=http%3a/`2t%2flibrary.m... 1/20/2010 Municode Page 3 of 7 APldD*ion bVaa Impart apgwad wdumrashae bem rudied prm t to 5aWm 9.2331(c) MMI Appiierioa aihmiol Pppirsiao rv&Hcd fer raumad fur akNoW mnOftmtbyDepaemeotaf AVBC imaiankw fn6rmtWn Plmirg Senina lobekMMMIft hojeft Obwd aimdaertmea raumdlti%WA ommlbre(f'OC?re+. m to be edlrrf :dtan.tim "iotantromokwmard ideral6ea i:uw W11iie�die s1Err receipt ofa aa�pitmd appicrloaedlEdoatioa Impaa Fkpatt,the PWwwgD6ettar mhmwcsap mchemtg Qty andAppNvW� Omhvmw" r(M) notMmtlmaid kdwrmiwd ®datetpajeaforompilm YO gate extafg pra�w+t a+�eanrmrodbmIva papoaedp*t vi m Sasha 9.2.331(4$ be scalded for up to a"mv;vmpmiod Fanwded m dher �to Plrrig aA,t�n9rtfoor� l�mwan ifmiawiyathrr re�lewgueor�ry Cky ommiamna1°Bemory otbwc y cwwmkAvm mliov PnP�Pr pUSE&CO mtdedoa amddttsdte prajatsip8mtionwd�rnadsa Qh'sadAR& M raawtromidtlimaithsoa�ptaanrn °OmPI°1O1°tl�°tion to8�ction9-2331(e)toda:QryCbmal '"dII�10"al Pudic het$�gif req�ed piaeaso modiogra &dlcn a axikn _/ 9x11m42331(cQ QryCLanaBtutrdmr i�ppidion Pubic Ncaingiegiired. Chex+iaastac ATAY7frA1, APP��4� �AMm mr}�h,drRtisdSxtim D" 9-2331(g) Ft UM 2-14 Process for Approval for Mobilehome Posk Cbnveisions, Gosures, and Ckun ion of Use http://library.municode.com/print.aspx?ciientiD=16607&HTMRequest=http%3a%2f%2flibrary.m... 1/20/2010 Municode Page 4 of 7 (K) The estimated cost of relocating the mobilehomes identified in subsection (J) above to available lots in mobilehome parks within the study area.The cost of relocating shall include the costs of physically moving the mobilehome and movable improvements such as patios, carports and porches,to a new site(i.e., dismantling, packing, moving, reassembling, rebuilding, including skirting and tie-downs, and unpacking, as necessary; and packing, moving, and unpacking all personal property); (L) An estimate of the fair market value of each mobilehome and all associated fixed property that cannot be relocated to a comparable mobilehome park. In determining fair market value,the consultant shall consider the mobilehomes in their current locations assuming the continuation of the mobilehome park in a safe, sanitary, and well maintained condition with competitive lease rates.The consultant shall specify the basis for a conclusion that any mobilehome cannot be relocated to a mobilehome park and the basis for determining the value of the mobilehome. (M) The availability and cost of rental housing of comparable size and quality in the City of San Juan Capistrano for each mobilehome park resident; (N) A relocation plan which will include a timetable for physically relocating the mobilehomes, or payment of relocation assistance; (0) Proposed measures to adequately mitigate the adverse impacts of the conversion upon each park resident based on subsection(f) of this section; (P) A list of persons, firms, and organizations with proven expertise in the fields of housing and relocation of persons displaced from housing.This list shall include the names, addresses, telephone numbers, and fee schedules of persons who are qualified as mobilehome movers and appraisers of mobilehomes. The information shall include an explanation of the services which the housing specialists can provide; and (Q) Any other information which the Planning Services Department determines is necessary to address the specific issues raised by the application or the impact study and any other information that may be necessary to implement provisions of this section. (d) Notice, distribution, and informational meeting. (1) At least thirty(30)days prior to a hearing by the Planning Commission on the application(s)pursuant to subsection (b) of this section, the Planning Department shall inform the applicant in writing of the provisions of Section 798.56 of the Civil Code and all applicable local requirements which impose upon the applicant a duty to notify residents and mobilehome owners in the mobilehome park of the proposed change in use. (2) Not less than thirty (30) days prior to a scheduled hearing before the Planning Commission, the park owner shall transmit to the owner or occupant of each mobilehome occupying a site within the mobilehome park and to all of the persons described in subsection (c)(2)(C) of this section,a copy of the relocation impact report, a copy of this section, and notices of the dates, times, and places of the public hearings and the informational meetings to be held pursuant to subsection (3) below. The copies provided shall be free of charge. Proof of service by mail or personal service of distribution of the impact report to each resident must be filed by the applicant with the Planning Director two(2)days prior to the hearing and the proof of service shall be signed under penalty of perjury. (3) Not later than fourteen (14) days prior to the scheduled public hearing before the Planning Commission, the park owner shall conduct not less than one informational meeting for the residents of the mobilehome park regarding the status of the application for change of use and/or closure, the timing of the proposed relocation of residents,and the nature of the relocation benefits the park owner proposes to make available to be considered by the Planning Commission and City Council as set forth in subsection (f)of this section. The meeting shall be conducted on the premises of the mobilehome park or other suitable location as determined by the City.The housing specialist(s) designated in the relocation impact report shall be present at such meeting. Not less than five(5) days prior to the scheduled public hearing before the Planning Commission,the applicant shall file with the Planning Director a statement made under penalty of perjury that the applicant has complied with the requirements of this subsection. Such statement shall state the date, time, and place where such meeting or meetings were conducted. (e) Findings. The Planning Commission and City Council, in considering whether to approve, conditionally approve, or deny the application and report, shall adopt written findings as to whether the project mitigation measures will adequately mitigate impacts on residents.The following factors shall be considered in making the above-state findings: (1) Whether there will exist, at the time of conversion, closure,or cessation of use, available mobilehome lots http://Iibrary.municode.com/print.aspx?client]D=16607&HTMRequest=http%3a%2t%2flibrary.m... 1120/2010 Municode Page 5 of 7 within a fifty(50) mile radius from the City to accommodate the mobilehomes to be displaced; (2) Whether the age,type, condition, and style of mobilehomes within the park proposed for conversion, closure, or cessation of use are such that the mobilehomes are able to be moved and accepted into other parks within a fifty(50) mile radius from the City; (3) Whether the resident cannot relocate to a comparable mobilehome park within a fifty(50)mile radius from the City and justification for that conclusion; (4) Whether there is evidence that the applicant or mobilehome park owner(s) have attempted to evict or otherwise cause the removal of residents for the purpose of avoiding or reducing payment of relocation assistance; (5) Whether reports and notices required by law have been properly prepared and properly served; (6) If the proposed conversion is to another residential use,whether the residents of the mobilehome park will have an opportunity to purchase, if for sale, or rent the new units, and whether the construction schedule will result in unreasonable long-term displacements; (7) Whether the relocation assistance benefits to be provided adequately mitigate any adverse impacts to the residents based on subsection(f) of this section; (8) Based upon the mitigation measures imposed, if any, whether the proposed conversion is consistent with the goals, policies, and objectives of the City's General Plan, any applicable Specific Plans,and/or zoning ordinances; and (9) Based upon the mitigation measures imposed, if any, whether the proposed conversion will be detrimental to the public heath, safety, and general welfare. (f) Relocation assistance. In approving a relocation impact report/application, the City may attach reasonable conditions in order to adequately mitigate any adverse impacts associated with the conversion, closure, or cessation of use. Conditions of approval may include, but are not limited to, the following matters: (1) Payment of relocation assistance to each resident who resided in the park at the time of, or subsequent to, the filing of the relocation impact report and who was actually displaced as a result of an approved relocation plan. (2) Payment of the cost of relocating the mobile-homes identified in subsection (c)(2)(J) above to available lots in mobilehome parks within the study area. The cost of relocating shall include the costs of physically moving the mobilehome and movable improvements such as patios, carports, and porches, to a new site (i.e., dismantling, packing, moving, reassembling, rebuilding, including skirting and tiedowns, and unpacking, as necessary;and packing, moving, and unpacking all personal property). (3) Payment of lump sum to compensate for payment of the first and last month's rent and any security deposit at the new mobilehome park. (4) Payment of a lump sum to compensate for any differential between rental rates at the closing mobilehome park and the new mobilehome park during the first year of the new tenancy. (5) For residents, the costs may include all reasonable expenses incurred in moving to a new location of their choice, up to a maximum distance of fifty(50) miles. (6) For homeowners who are unable to reasonably relocate their mobilehome,payment of fair market value for their mobilehome based on information contained in the approved relocation impact report. (7) If the park is to be converted to another residential use, setting aside a certain number of affordable units for the residents of the park, either on-site or off-site within the City limits,pursuant to the provisions of Section 9- 3.505, Affordable Housing Requirements; or providing payment of housing in-lieu fees pursuant to the provisions of Section 9-5.103, Housing In-Lieu Fee. (8) In order to facilitate a proposed conversion, closure, or cessation of use of a mobilehome park, the residents and applicant may agree to mutually satisfactory conditions. Such an agreement shall be in writing, shall include a provision stating that the resident is aware of the provisions of this section, shall include a copy of this section as an attachment, shall include a provision in at least 12-point type which clearly informs the resident of the right to seek advice of an attorney prior to signing the agreement with regard to the resident's rights under such agreement, and shall be drafted in the form and content otherwise required by applicable state law. When processed in conjunction with a change of use,the applicant may be required to enter into an agreement with the City to implement the terms of the approval of the closure plan. (g) Obligation of applicant. http://library.municode.com/print.aspx?c iient[D=16607&HTNMequest=http%3 a%2f%2flibrary.m... 1/20/2010 Municode Page 6 of (1) After the date of approval of the relocation impact report, the applicant shall undertake, or be responsible for performance,of the following obligations: (A) Not later than thirty(30) days from such approval, the housing specialist(s)shall make personal contact with each resident of the mobilehome park and commence consultations to determine the proper relocation assistance to be provided. The housing specialist(s) shall give each resident eligible to receive relocation assistance written notice of his or her relocation assistance. (B) Not later than four(4) months from the date of such determination, residents who are entitled to make selections between alternative benefits shall make such selection in writing. Such selection shall be submitted to the applicant on a form provided by the housing specialist. (C) Not less than thirty-five(35)days prior to the date any resident is required to vacate the mobitehome park, any such cash or monetary relocation assistance shall be paid to such resident. (D) The date upon which any resident of the mobilehome park is required to vacate such park, or upon which the owner of any mobilehome is required to be removed from the mobilehome park shall be not less than six(6) months from the date of notice of termination of tenancy and not less than thirty-five (35) days from payment of any relocation benefits. (E) If the applicant specifically requests that any of the time limitations required by this subsection be modified, the City Council shall consider any such modification and evidence relating to the request at the hearing on the relocation impact report. The City Council shall have the power to make such modifications in such time limits. (F) The relocation impact report shall expire one year from the date of its approval unless twenty-five (25) percent or more of the homeowners or tenants receive relocation assistance in accordance with this section, or the applicant requests an extension setting forth justification for not having proceeded within the one-year period. No more than two(2) such extensions may be granted by the City Council. A request for an extension must be filed no less than forty-five(45)days prior to the expiration of the relocation impact report. A public hearing shall be held on request. (2) If relocation assistance has not been provided to all eligible homeowners and tenants in accordance with this section within three(3)years of the original date of approval, a new study shall be prepared in accordance with this section. (3) Each year on the anniversary date of the approval of the original relocation impact report, the relocation provided for by the City Council shall be increased by an amount equivalent to the cost-of-living index for the Los Angeles/Riverside/Orange County area published by the U.S. Department of Labor. The increase shall be determined by taking the average CPI for the quarterly period closest to the anniversary date of approval. (4) No building permit shall be issued for development unless and until the applicant files a statement with the_ Planning Director, made under the penalty of perjury, that relocation assistance payments pursuant to this section have been paid. (h) Notice to new residents. When an application for a change of use and/or closure of a mobilehome park has been filed with the Planning Services Department,the park owner shall advise each prospective new resident who proposes to occupy a mobilehome within such park after the filing of such application, in writing,prior to the execution of a rental agreement or commencement of such occupancy, whichever occurs first, that such application has been filed. (i) Administration fee. The City Council may establish by resolution reasonable fees to cover any costs incurred by the City in implementing this section. Such fees shall be paid by the park owner or applicant subject to the provisions of this section, in accordance with the limitations of Section 65863.7(g)of the Government Code. 0) Bankruptcy exemption. The provisions of this section shall not apply if it is determined that the closure of a mobilehome park or cessation of use of the land as a mobilehome park results from an adjudication of bankruptcy. The applicant shall have the burden to produce substantial evidence that a court of competent jurisdiction has determined in connection with a proceeding in bankruptcy that the closure or cessation of use of the affected park as a mobilehome park is necessary. The documentation shall include the title, case number, and court in which the bankruptcy proceedings were held, and certified copies of all pertinent judgements, orders, and decrees of the court. (k) Definitions. For the purpose of this section, unless otherwise apparent from the context, certain words and phrases used in this section are defined as follows: (1) Affordable unit. A"for sale" unit that is sold to and occupied by a low income household as determined by HUD. Affordable unit shall also mean a rental unit for which the monthly payment does not exceed thirty (30) percent of the household's gross income. http://library.municode.com/print.aspx?clientID=16607&HTMRequest=http%3a%2I%2flibrary.m... 1/20/2010 Municode Page 7 of 7 (2) Applicant. The person(s), firm(s), entity(ies), or corporation(s) applying for any application for the purpose of converting, changing to another use, closing, or ceasing to use land as a mobilehome park. If the owner of the controlling interest in a mobilehome park is not the applicant,then the applicant must provide evidence of the controlling owner's consent to the filing of the application. (3) Approving body. The Planning Commission's decision is advisory to the City Council whose decision shall be final. (4) Cessation of use of land as a mobilehome park. A decision by the owner(s)of a mobilehome park to discontinue the use of property as a mobilehome park which is not an adjudication of bankruptcy. (5) Closure of a mobilehome park. When less than seventy-five (75)percent of the total spaces in the mobilehome park are leased by qualified homeowners (as defined in Civil Code Section 798 et seq.). In the event that less than seventy-five(75) percent of the total spaces in the mobilehome park are leased through no fault or action of the applicant and/or mobilehome park owner, at the request of the applicant or mobilehome park owner and upon finding of good cause,the City Council may take a discretionary action to determine that a park having less than seventy-five(75) percent of the total spaces leased does not constitute a closure. (6) Conversion of a mobilehome park. The tern "change of use" is synonymous with "conversion" and is defined as any change which results in elimination of any mobilehome lot, including, but not limited to, the conversion of any long-term lots to short-term lots or the removal of a lot for lease to a resident. A long-term lot is converted to a short-term lot if, subsequent to the adoption of this section, any habitable structure not meeting the definition of a "mobilehome" is moved onto the lot. Elimination of a mobilehome lot shall occur when the mobilehome lot ceases being rented, leased, or otherwise occupied by an owner of a mobilehome (that is not associated with the park owner). However,the following shall not constitute a conversion of a mobilehome park: (A) During any one-year period subsequent to the adoption of this section, no more than one vacant lot maybe converted to other uses, provided all necessary governmental approvals, including an amendment to any use permit or zoning is obtained from the City. Upon application of a mobilehome park owner,the City Council may, in its absolute discretion and upon finding of good cause,determine that a conversion of a mobilehome park is not occurring notwithstanding that more than one vacant lot is converted to other uses. (B) A change in ownership to a limited equity cooperative, nonprofit corporation or condominium, provided fifty-one (5 1) percent of the resident occupants participated in the purchase of the mobilehome park and all other residents residing in the mobilehome park are offered lifetime leases. (7) Fair market value. Fair market value shall be established through the use of an appraisal approach wherein a number of relevant factors, including, but not limited to, the price of comparable mobilehomes of similar size, proximity, and condition if sold on the open market without constraints imposed on the sales price, rental rate, or buyer qualifications. Fair market value is further governed by subsection(c)(2)(I)of this section. (8) Impact report. A report required by California Government Code Sections 65863.7 and 66427.4 and containing the information set forth in subsection (c) of this section. (9) Homeowner.The owner(s)of the mobilehome. (10) Long-term lot. Any mobilehome lot which has been occupied by the same mobilehome for at least nine (9) of the twelve(12) months prior to the adoption of this section. (11) Resident. A homeowner or tenant. (12) Tenant. A person who occupies a mobilehome within a mobilehome park pursuant to a bona fide lease or rental agreement and who, during his or her tenancy, is not the owner or member of the immediate household of the owner of the mobilehome park. (§ 2 Exh. A (part), Ord. 938, eff. July 3, 2008) http:lllibrary.municode.com/print.aspx?clientID=16607&HTNMequest=http%3 a%2f%2flibrary.m... 1/20/2010 CAPISTRANO TERRACE, LTD. 23792 Rockfield Blvd., Suite 100 Lake Forest, CA 92630 (949) 595-5900 RECEIVE December 1, 2009 William Ramsey co�a�unmo�LOp��� Community Development Department City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 I Dear Mr. Ramsey: It has come to our attention that the Housing Advisory Committee has prepared and approved a resolution to expedite the closure of the Capistrano Terrace Mobile Home Park. It appears the main driving force behind this resolution related to the length of time since the original Notice of Intent to close the park. The Ownership would like to clarify a few points that may have been missed by the Housing Advisory Committee prior to approving this resolution. A Notice of Intent to close the park was given to the City by the park ownership in November of 2006.This triggered the requirement for a Closure Impact Report per the City's ordinance. However, it was 14 months later before that report was issued in January of 2008. In the interim,at the request of the Capistrano Terrace Homeowners Association, there were discussions with representatives of the park residents about their purchasing the park. Late in 2007,purchase discussions continued and during the summer of 2008 serious meetings were held with the residents and their representative, and encouraged by Council Members, to try and make a the sale of the park to the residents happen. The Ownership agreed to hold back the issuance of the Relocation Impact Report to the residents to officially start the closure process as an act of good faith during these negotiations. Finally in the fall of 2008, a mutually acceptable agreement to sell was I reached on price and terms, and a purchase agreement was signed. Escrow was scheduled to open on December 1, 2008,but the residents failed to put their deposit funds into escrow, and the escrow was cancelled. Discussions continued into the early part of 2009, but the park residents proved that there are too many factions within the park to complete this transaction. ATTACHMENT 2 --- While we understand that a significant amount of time has elapsed since the initial Notice of Intent to close the park was given,we would like to point out that the j majority of the delays were in the preparation of the report and negotiations with the residents. This was not an effort from the ownership to put the residents in "limbo" as the Agenda Report suggests. The Ownership of Capistrano Terrace Mobile Home Park would like to comply with the Housing Advisory Committee's request and use this letter as a reaffirmation of our intent to close the park. We acknowledge that the Relocation Impact Report will need to be updated since there have been many changes to various factors of the report since it was prepared. Please let us know what the next steps are in this process. Sincerely, CAPI TERRACE, LTD., aali ted partnership I . Richa d J Julian President of the General Partner I R 2/2/2010 Maria Morris From: Fred Perez [fred.perez65@yahoo.coml G 1 a Sent: Monday, February 01, 20104:13 PM�ECE'� ED To: Maria Morris Cc: WRamsey@sanjuancapistrano.org Subject: SApple@sanjuancapistrano.org; P 2010FE6 - 1 City Council Members C. r CiaPtS?RAN© C/O City Clerk SAN JUAN Re: City Council Meeting Feb. 2, 2010 Agenda Item # G1 a Comprehensive update of the Capistrano Terreace Mobilhome Park Relocation Impact Report. My name is Fred Perez resident of Capistrano Terrace, Chairman of "Park Purchase Committee" and Capistrano HOA Member. It is important you know that no agreement was reached to purchase Park and no Escrow was opened. The two purchase offers submitted to the owners by the residence was never acknowledged or countered in December 2008. Yes, City Council members tried to help, but it was impossible to justify the means. In my 40 years of contractual experience I have not known Sellers submitting flawed offers to buyers as was done by Richard J. Julian (Seller) to Buyers (Residents), fall of 2008. 1 would like to clarify these very important points and addressed accordingly. Fred Perez (949) 661-6263 CC/ Steven Apple, AICP William A. Ramsey, AICP 4/20/2010 AGENDA ITEMD 12 TO: Joe Tait, City Manage FROM: Steven Apple, AICP, Community Development Director SUBJECT: Consideration of Award of Contract for the Preparation of a Comprehensive Update of the Capistrano Terrace Mobilehome Park Relocation Impact Report. RECOMMENDATION By motion, approve the selection of Paragon Partners, Ltd. for preparation of the Update to the Capistrano Terrace Mobilehome Park Relocation Impact Report in an amount not to exceed $69,710; and authorize the City Manager to execute the Professional Services Agreement. SITUATION The City previously contracted with Overland Pacific & Cutler, Inc. (OPC) at the applicant's cost to prepare the Relocation Impact Report for the proposed closure of the Capistrano Terrace Mobilehome Park. The "Park" provides 152 mobilehome space rentals located at 32802 Valle Road on the east side of the 1-5 Freeway just south of the I-5/La Novia Avenue/Valle Road northbound (NB) hook ramps. The Draft Relocation Impact Report was completed by OPC in the Spring of 2008 pursuant to Section 9-2.331, "Mobilehome park conversions, closures, and cessation of use' of Title 9, Land Use Code. Following the completion of that report, the applicant took no subsequent action to move the project forward. Last December (2009), after being advised by the City to either withdraw or move the application forward, the park owner advised the City of their decision to move forward with the project. Because of the substantial period of time that had passed, staff determined that the Draft Relocation Impact Report, prepared in Spring 2008, no longer contained timely information on which the original assessment was based and need to be comprehensively updated. REQUEST FOR PROPOSAL PROCESS The preparation of Relocation Impact Reports is a specialized field of consulting work undertaken by a limited numbers of firms in the region. In 2007, the City retained Overland Pacific & Cutler, Inc. who prepared the 2008 Relocation Impact Report. Because that firm declined to submit a proposal for performing.the current work, staff solicited proposals for completing the update of the Relocation Impact Report from five other consulting firms that specialize in mobilehome park relocation studies. Agenda Item page 2 April 20, 2010 The City established a proposal submission deadline of Wednesday, April 7 and in response to the Request for Proposals (RFP), the City received proposals from all five solicited firms including: • Del Richardson &Associates, Inc. • Epic Land Solutions, Inc. • Paragon Partners Ltd. • Shober Consulting, Inc. • Spectrum Land Services Staff evaluated the five proposals for consistency with the City's scope of work requirements and the consultant selection criteria established by City Council Policy 112. Two of the five proposals were incomplete and did not meet the basic requirements of the Request for Proposals (RFP). Staff also conducted conference call interviews with the three firms that submitted qualifying bids consistent with the requirements established by the RFP. Although any of the three qualifying firms would be more than capable of completing the work required by the RFP, as a result of the proposal evaluation process, staff concluded that the Paragon Partner's, Ltd. proposal rated highest while also being the least expensive of the three qualifying proposals. After the park owner has deposited the required contract funds, the Professional Services Agreement will be executed and staff will provide Paragon with a Notice to Proceed. NOTIFICATION Notification has been provided to the submitting consulting firms including: Rick Julian, Capistrano Terrace Ltd. (park owner) Sally Rather, Capistrano Terrace Mobilehome Park Resident's Association Jess Lopez, Capistrano Terrace Mobilehome Park Resident's Association Del Richardson & Associates, Inc. Epic Land Solutions, Inc. Paragon Partners Ltd. Shober Consulting, Inc. Spectrum Land Services RECOMMENDATION By motion, approve the selection of Paragon Partners, Ltd. for preparation of the Update to the Capistrano Terrace Mobilehome Park Relocation Impact Report in an amount not to exceed $69,710; and authorize the City Manager to execute the Professional Services Agreement. Agenda Item page 3 April 20, 2010 Respectfully submitted, Prepared by, Steven Apple I William A. Ramsey, AICP Community eve opment Director Principal Planner Attachments: 1. Request for Proposals (RFP), Capistrano Terrace Mobilehome Park, Relocation Impact Report, Comprehensive Update. 2. Paragon Partners, Ltd. Proposal Jai 32400 PASZO ADELANTO • MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 / y� '� SAM ALLEVATO (949)4931171 IA(IAl1AAlF1 LAURA FREESE (949)493.1053 FAX • Iti11I6AI1 196) THOMAS W.HRIBAR www.sanjuancapistrano.org 1776 MARK NIELSEN • • DR.LONDRES USO March 24, 2010 Distribution Subject: Request for Proposal; Update of the Relocation Impact Report for the Proposed Closure of the Capistrano Terrace Mobilehome Park Dear Sir/Madam: The City of San Juan Capistrano previously retained Overland Pacific & Cutler, Inc. (OPC) to prepare the Relocation Impact Report for the proposed closure of the Capistrano Terrace Mobilehome Park. The "Park" is a 152-unit space-rental park located at 32802 Valle Road, generally located on the east side of the 1-5 Freeway and south of the La Novia/1-5 Interchange. The Draft Relocation Impact Report was completed by OPC in the Spring of 2008 pursuant to Section 9-2.331, "Mobilehome park conversions, closures, and cessation of use" of Title 9, Land Use Code. Following the completion of that report, the applicant took no subsequent action to move the project forward. The park owner has now advised the City of their desire to move forward with the project. However, given the substantial period of time that has passed, the Draft Relocation Impact Report no longer contains timely information on which the original assessment was based and must be comprehensively updated. The City is now soliciting proposals to comprehensively update the Capistrano Terrace Mobilehome Park Relocation Impact Report. If your firm possesses the qualifications and has an interest in completing the required work, please submit three (3) copies of your proposal no later than Wednesday, April 7, close of business to: William A. Ramsey, AICP, Principal Planner Community Development Department 32400 Paseo Adelanto San Juan Capistrano, CA 92675 As an alternative, you may submit your proposal by e-mail in Acrobat "pdf' format to bramsey(cDsani uancaoistrano.org. The consultant selection process may necessitate interviews. The City will conduct interviews if the best-rated proposals are closely similar in their scope, content and quality. We will determine the need for interviews within seven to ten days after the deadline for submission of proposals. The City has prepared "scope of work" requirements for this project which are provided as an attachment. Your proposal must be consistent with these requirements. The selected consultant will be required to enter into an "Personal Services Agreement" with the City which includes a detailed "scope of work" and a "payment for services" schedule. San Juan Capistrano: Preserving the Past to Enhance the Fut �� Printed on 100%r"ded paper ATTACHMENT 1 Relocation Impact Report Request for Proposal (RFP) March 24 2010 We look forward to receiving your proposal. Should you have any questions, please don't hesitate to call me at (949) 443-6334, or you may contact me via email at bramsev(cDsanivancapistrano.orp. Sincerely, n William A. Ramsey, AIC P Principal Planner Attachments: 1. Draft Relocation Impact Report; Capistrano Terrace Mobilehome Park, March 2008. 2. Section 9-2.331, "Mobilehome park conversions, closures, and cessation of use." 3. Standard Professional Services Agreement. 4. Scope-of-work (SOW) Requirements, Capistrano Terrace Mobilehome Park Relocation Impact Report. Distribution: Del Richardson &Associates, Inc. 9133 S. La Cienega Blvd., Suite 225 Inglewood, CA 90301 Epic Land Solutions, Inc. 2601 Airport Drive, Suite 115 Torrance, CA 90505 Paragon Partners Ltd. 5762 Bolsa Avenue, Suite 201 Huntington Beach, CA 92649 Shober Consulting, Inc. 520 S. Sepulveda Blvd., Suite 204 Los Angeles, CA 90049 Spectrum Land Services Corporate Headquarters 725 Town & Country Rd. Suite 410 Orange, CA 92868 Municode Page 1 of Sec.9_2.331_-Mobilehome park conversions, closures, and cessation of use. (a) Purpose and intent.The purpose and intent of this section is to require the person proposing to convert an existing mobilehome park to another use,to close a mobilehome park,to cease using land as a mobilehome park,or to file a subdivision map application connected with a conversion of use for a mobilehome park to file and distribute a report on the impact of such change and to require measures to be undertaken to mitigate the adverse effects of the change of use upon the residents of the mobilehome park who would be displaced by such change. (b) Review process. The Planning Director shall prescribe the type and form of information required and shall ensure that it is of sufficient detail to allow adequate analysis of each proposal.Applications for the proposed change of use, and/or closure of a mobilehome park shall be processed in accordance to the procedure depicted in Figure 2-14. If the application is found to be incomplete,the Department of Planning Services will notify the applicant in writing within thirty(30)days what additional information is required, and the application will not be processed until that information is received by the Department of Planning Services. (c) Relocation impact report required/purpose. (1) Any person who files an application with the City for a General Plan amendment or for a rezoning of land type or density, or for approval of a tentative tract map, conditional use permit,or any other application for the purpose of converting a mobilehome park to a condominium, stock cooperative,or any other form of ownership wherein mobilehome spaces within the park are to be sold for residential use,or to change to another use, close a mobilehome park,or cease to use land as a mobilehome park, shall concurrently file with the City a mobilehome relocation impact report that complies with this section.The purpose of the report is to address the impact of the conversion, closure,or cessation of use upon displaced residents of the mobilehome park. No such application shall be considered or approved unless and until such relocation impact report is filed and approved in accordance with this section. (2) The City shall select a consultant to perform the relocation impact report within ninety(90)days of a written request from the applicant.The applicant shall be noticed in writing of the estimated cost of the relocation impact report and shall deposit that sum with the Planning Services Department prior to commencement of any work on the relocation impact report.The City will then contract with a consultant for the preparation of the relocation impact report. Once an application is fled,the residents of the mobilehome park shall be notified by the City that an application has been filed and preparation of the relocation impact report will begin.The relocation impact report shall contain, but need not be limited to,the following information: (A) A legal description of the property; (B) A map and detailed description of the condition of the mobilehome park, including the nature and location of structures, landscaping,easements, utilities and other onsite features and amenities; (C) The names and addresses of all mobilehome owners within the park(including absentee mobilehome owners), as shown on the rental agreement for the mobilehome park spaces,and the names and addresses of all mobilehome tenants within the park as of the date of the application; (D) The age, including date of manufacture,of each mobilehome within the park, including the type of mobilehome,width,size, and number identifying the mobilehome space being occupied; (E) The number of spaces wdthin the park, length of occupancy by the current occupant of each space,and the current lease rate for each space; (F) The total number of mobilehome residents,broken down space by space, identifying owner or renter occupancy, principal or second home occupancy,occupants under sixteen(16)years of age, occupants sixty (60)years of age and over,and the number of residents who are physically disabled, including the chronically ill; (G) A description of the proposed new use and all discretionary approvals necessary therefore,if any; (H) The proposed timetable for conversion, closure,or cessation of use of the land as a mobilehome park and for obtaining other discretionary approvals for the proposed use, if any; (1) The location of all comparable mobilehome parks within a fifty(50)mile radius from the City limits of the City of San Juan Capistrano, including the park name, number of lots, number of vacancies, lease rates and terms, policies, and restrictions on the type of moolehomes and residents accepted,amenities offered, and proximity to services(bus stops, grocery stores, hospitals, etc.); (J) A determination based on the information provided in subsections (D),(E)and(1)above of the total number of mobilehome units that are eligible to be relocated to a comparable mobilehome park; http://library.municode.com/print.aspx?cli entlD=16607&HTMRequest=http%3 a%2f%2llibrary.m... 3/24/2010 Municode Page 2 of 6 I ARdxi rim bigw PAW isj neared and tetsits hot �� bem rrdified purest bSedim 42.331{c) Applkaimrakowfor Ap mnkrnidv rdanedfor ad*iatal 0°"bbl of ragd�rr�ysa� nr[xntaBn � Pro�setCDasdirs� APFdrta°rbc rdwnW I r Akkad Mee(POQ Monvi to be g ids VOOWW far MmktermKd �inow �Lgdrit 3D�e$a reoeilpt ofa axrykxad tppEcuion end RdDdtian huped Report,rhePAWW9On,rrtor edralrspuhiia hernag CHymdAppliuetarrIbe i&rrarorAerhrAdmkispntarC V rgt5mdanWidi dsrnaleAkolapajedsxcarr{�lf =Wthuse toSecOm9-2.331(dciz il edfor uptoa45-dgrew.wpwkA iwrded to dher WKded Fataftyrg cmrisdffi Ex CMrMrian ifrewav tyOdW �vNneoesae[7I QtyCxMiiNonamt rgOMIry Ol W aty ODM ! p t nseipCbmmNd000cnidndw ptjod 44ilaion srd fmadsa (7yrrs4APPli%M rawninmddim odth*WiWptassrt to Ebetim 42m)(e)to dieckyox=A Pt�lia henvylk ragi�erL para to Eedion / S Wm 9.2331(4} Ory *!> lNPMC APPAIOVALQnMOMWreatgtsaf5xtim DCrV Figure 2-14 Process for Approval for Mobilehome Park OnversioDs, Qosures,and bion of Use (K) The estimated cost of relocating the mobilehomes identified in subsection (J) above m available lots in mobilehome parks within the study area. The cost of relocating shall include the costs of physically moving the mobilehome and movable improvements such as patios, carports and porches,to a new site(i.e.,dismantling, packing, moving, reassembling, rebuilding, including skirting and tie-downs, and unpacking, as necessary;and packing, moving, and unpacking all personal property); http://1 ibrary.municode.com/print.aspx?c1 ientlD=16607&HTMRequest=http%3 a%2 t%2 fl ibrary.m... 3/24/2010 Municode Page 3 of 6 (L) An estimate of the fair market value of each mobilehome and all associated fixed property that cannot be relocated to a comparable mobilehome park. In determining fair market value,the consultant shall consider the mobilehomes in their current locations assuming the continuation of the mobilehome park in a safe, sanitary, and well maintained condition with competitive lease rates. The consultant shall specify the basis for a conclusion that any mobilehome cannot be relocated to a mobilehome park and the basis for determining the value of the mobilehome. (M) The availability and cost of rental housing of comparable size and quality in the City of San Juan Capistrano for each mobilehome park resident; (N) A relocation plan which will include a timetable for physically relocating the mobilehomes,or payment of relocation assistance; (0) Proposed measures to adequately mitigate the adverse impacts of the conversion upon each park resident based on subsection(0 of this section; (P) A list of persons,firms,and organizations with proven expertise in the fields of housing and relocation of persons displaced from housing. This list shall include the names, addresses,telephone numbers, and fee schedules of persons who are qualified as mobilehome movers and appraisers of mobilehomes. The information shall include an explanation of the services which the housing specialists can provide; and (Q) Any other information which the Planning Services Department determines is necessary to address the specific issues raised by the application or the impact study and any other information that may be necessary to implement provisions of this section. (d) Notice,distribution, and informational meeting. (1) At least thirty(30)days prior to a hearing by the Planning Commission on the application(s)pursuant to subsection (b)of this section,the Planning Department shall inform the applicant in writing of the provisions of Section 798.56 of the Civil Code and all applicable local requirements which impose upon the applicant a duty to notify residents and mobilehome owners in the mobifehome park of the proposed change in use. (2) Not less than thirty(30)days prior to a scheduled hearing before the Planning Commission,the park owner shall transmit to the owner or occupant of each mobilehome occupying a site within the mobilehome park and to all of the persons described in subsection(c)(2)(C)of this section, a copy of the relocation impact report,a copy of this section, and notices of the dates,times, and places of the public hearings and the informational meetings to be held pursuant to subsection(3) below.The copies provided shall be free of charge.Proof of service by mail or personal service of distribution of the impact report to each resident must be filed by the applicant with the Planning Director two(2)days prior to the hearing and the proof of service shall be signed under penalty of perjury. (3) Not later than fourteen It 4)days prior to the scheduled public hearing before the Planning Commission,the park owner shall conduct not less than one inbrmational meeting for the residents of the mobilehome park regarding the status of the application for change of use and/or closure, the timing of the proposed relocation of residents, and the nature of the relocation benefits the park owner proposes to make available to be considered by the Planning Commission and City Council as set forth in subsection (f)of this section. The meeting shall be conducted on the premises of the mobilehome park or other suitable location as determined by the City.The housing specialist(s) designated in the relocation impact report shall be present at such meeting. Not less than five(5)days prior to the scheduled public hearing before the Planning Commission, the applicant shall file with the Planning Director a statement made under penalty of perjury that the applicant has complied with the requirements of this subsection. Such statement shall state the date,time, and place where such meeting or meetings were conducted. (e) Findings. The Planning Commission and City Council, in considering whether to approve, conditionally approve, or deny the application and report,shall adopt written findings as to whether the project mitigation measures will adequately mitigate impacts on residents.The following factors shall be considered in making the above-state findings: (1) Whether there will exist, at the time of conversion, closure, or cessation of use,available mobilehome lots within a fifty(50)mile radius from the City to accommodate the mobilehomes to be displaced; (2) Whether the age,type, condition, and style of mobilehomes within the park proposed for conversion, closure, or cessation of use are such that the mobilehomes are able to be moved and accepted into otherparks within a fifty(50) mile radius from the City; (3) Whether the resident cannot relocate to a comparable mobilehome park within a fifty(50)mile radius from the City and justification for that conclusion; (4) Whether there is evidence that the applicant or mobilehome park owner(s)have attempted to evictor otherwise cause the removal of residents for the purpose of avoiding or reducing payment of relocation assistance; (5) Whether reports and notices required by law have been properly prepared and properly served; (6) If the proposed conversion is to another residential use,whether the residents of the mobilehome park will have an opportunity to purchase, if for sale, or rent the new units,and whether the construction schedule will result in unreasonable long-term displacements; (7) Whether the relocation assistance benefits to be provided adequately mitigate any adverse impacts to the residents based on subsection(f)of this section; http://library.municode.com/print.aspx?client1D=16607&HTMRequest=http%3 a%2f%2flibrary.m... 3/24/2010 Municode Page 4 of 6 (B) Based upon the mitigation measures imposed, if any,whether the proposed conversion is consistent with the goals, policies, and objectives of the City's General Plan, any applicable Specific Plans,and/or zoning ordinances;and (9) Based upon the mitigation measures imposed, if any,whether the proposed conversion will be detrimental to the public heath, safety, and general welfare. (f) Relocation assistance.In approving a relocation impact report/application,the City may attach reasonable conditions in order to adequately mitigate any adverse impacts associated with the conversion, closure,or cessation of use. Conditions of approval may include, but are not limited to,the following matters: (1) Payment of relocation assistance to each resident who resided in the park at the time of, or subsequent to, the filing of the relocation impact report and who was actually displaced as a result of an approved relocation plan. (2) Payment of the cost of relocating the mobile-homes identified in subsection(c)(2)(J)above to available lots in mobilehome parks within the study area.The cost of relocating shall include the costs of physically moving the mobilehome and movable improvements such as patios,carports,and porches,to a new site(i.e.,dismantling, packing, moving, reassembling, rebuilding, including skirting and tiedowns, and unpacking, as necessary, and packing, moving, and unpacking all personal property). (3) Payment of a lump sum to compensate for payment of the first and last month's rent and any security deposit at the new mobilehome park. (4) Payment of a lump sum to compensate for any differential between rental rates at the closing mobilehome park and the new mobilehome park during the first year of the new tenancy. (5) For residents,the costs may include all reasonable expenses incurred in moving to a new location of their choice, up to a maximum distance of fifty(50)miles. (6) For homeowners who are unable to reasonably relocate their mobilehome, payment of fair market value for their mobilehome based on information contained in the approved relocation impact report. (7) If the park is to be converted to another residential use,setting aside a certain number of affordable units for the residents of the park,either on-site or off-site within the City limits, pursuant to the provisions of Section 9-3.505, Affordable Housing Requirements;or providing payment of housing in-lieu fees pursuant to the provisions of Section 9- 5.103, Housing In-Lieu Fee. (6) In order to facilitate a proposed conversion, closure,or cessation of use of a mobilehome park,the residents and applicant may agree to mutually satisfactory conditions. Such an agreement shall be in writing,shall include a provision stating that the resident is aware of the provisions of this section,shall include a copy of this section as an attachment, shall include a provision in at least 12-point type which clearly informs the resident of the right to seek advice of an attorney prior to signing the agreement with regard to the resident's rights under such agreement,and shall be drafted in the form and content otherwise required by applicable state law. When processed in conjunction with a change of use,the applicant may be required to enter into an agreement with the City to implement the terms of the approval of the closure plan. (g) Obligation of applicant. (1) After the date of approval of the relocation impact report,the applicant shall undertake, or be responsible for performance, of the following obligations: (A) Not later than thirty(30)days from such approval,the housing specialist(s)shall make personal contact with each resident of the mobilehome park and commence consultations to determine the proper relocation assistance to be provided. The housing specialist(s)shall give each resident eligible to receive relocation assistance written notice of his or her relocation assistance. (B) Not later than four(4)months from the date of such determination, residents who are entitled to make selections between alternative benefits shall make such selection in writing. Such selection shall be submitted to the applicant on a form provided by the housing specialist. (C) Not less than thirty-five(35)days prior to the date any resident is required to vacate the mobilehome park, any such cash or monetary relocation assistance shall be paid to such resident. (D) The date upon which any resident of the mobilehome park is required to vacate such park,or upon which the owner of any mobilehome is required to be removed from the mobilehome park shall be not less than six (6)months from the date of notice of termination of tenancy and not less than thirty-five(35)days from payment of any relocation benefits. (E) If the applicant specifically requests that any of the time limitations required by this subsection be modified,the City Council shall consider any such modification and evidence relating to the request at the hearing on the relocation impact report.The City Council shall have the power to make such modifications in such time limits. (F) The relocation impact report shall expire one year from the date of its approval unless twenty-five(25) percent or more of the homeowners or tenants receive relocation assistance in accordancewith this section, or the applicant requests an extension setting forth justification for not having proceeded within the one-year http://library.municode.com/print.aspx?clientID=16607&HTMRequest=http%3 a%2f%2flibrary.m... 3/24/2010 Municode Page 5 of 6 period. No more than two(2)such extensions may be granted by the City Council.A request for an extension must be filed no less than forty-five(45)days prior to the expiration of the relocation impact report.A public hearing shall be held on request. (2) If relocation assistance has not been provided to all eligible homeowners and tenants in accordance with this section within three(3)years of the original date of approval,a new study shall be prepared in accordance with this section. (3) Each year on the anniversary date of the approval of the original relocation impact report,the relocation provided for by the City Council shall be increased by an amount equivalent to the cost-of-living index for the Los Angeles/Riverside/Orange County area published by the U.S. Department of Labor.The increase shall be determined by taking the average CPI for the quarterly period closest to the anniversary date of approval. (4) No building permit shall be issued for development unless and until the applicant files a statement with the Planning Director, made under the penalty of perjury,that relocation assistance payments pursuant to this section have been paid. (h) Notice to new residents.When an application for a change of use and/or closure of a mobilehome park has been filed with the Planning Services Department,the park owner shall advise each prospective new resident who proposes to occupy a mobilehome within such park after the filing of such application, in writing, prior to the execution of a rental agreement or commencement of such occupancy,whichever occurs first,that such application has been filed. (i) Administration fee.The City Council may establish by resolution reasonable fees to cover any costs incurred by the City in implementing this section. Such fees shall be paid by the park owner or applicant subject to the provisions of this section, in accordance with the limitations of Section 65863.7(g)of the Government Code. 0) Bankruptcy exemption. The provisions of this section shall not apply if it is determined that the closure of a nobilehome park or cessation of use of the land as a mobilehome park results from an adjudication of bankruptcy.The applicant shall have the burden to produce substantial evidence that a court of competent jurisdiction has determined in connection with a proceeding in bankruptcy that the closure or cessation of use of the affected park as a mobilehome park is necessary. The documentation shall include the title, case number, and court in which the bankruptcy proceedings were held, and certified copies of all pertinent judgements,orders,and decrees of the court (k) Definitions. For the purpose of this section, unless otherwise apparent from the context, certain words and phrases used in this section are defined as follows: (1) Affordable unit.A"for sale"unit that is sold to and occupied by a low income household as determined by HUD. Affordable unit shall also mean a rental unit for which the monthly payment does not exceed thirty(30) percent of the household's gross income. (2) Applicant. The person(s),firm(s),entity(ies),or corporation(s)applying for any application for the purpose of converting, changing to another use, closing,or ceasing to use land as a mobilehome park. If the owner of the controlling interest in a mobilehome park is not the applicant,then the applicant must provide evidence of the controlling owner's consent to the filing of the application. (3) Approving body.The Planning Commission's decision is advisory to the City Council whose decision shall be final. (4) Cessation of use of land as a mobilehome park.A decision by the owner(s)of a mobilehome park to discontinue the use of property as a mobilehome park which is not an adjudication of bankruptcy. (5) Closure of a mobilehome park.When less than seventy-five(75)percent of the total spaces in the mobilehome park are leased by qualified homeowners(as defined in Civil Code Section 798 at sec.). In the event that less than seventy-five(75)percent of the total spaces in the mobilehome park are leased through no fault or action of the applicant and/or mobilehome park owner, at the request of the applicant or mobilehome park owner and upon finding of good cause,the City Council may take a discretionary action to determine that a park having less than seventy-five(75) percent of the total spaces leased does not constitute a closure. (6) Conversion of a mobilehome park.The term"change of use"is synonymous with"conversion"and is defined as any change which results in elimination of any mobilehome lot, including, but not limited to,the conversion of any long- term lots to short-term lots or the removal of a lot for lease to a resident.A long-term lot is converted to a short-term lot if,subsequent to the adoption of this section,any habitable structure not meeting the definition of a"mobilehome"is moved onto the lot. Elimination of a mobilehome lot shall occur when the mobilehome lot ceases beteg rented, leased, or otherwise occupied by an owner of a mobilehome(that is not associated with the park owner). However,the following shall not constitute a conversion of a mobilehome park: (A) During any one-year period subsequent to the adoption of this section, no more than one vacant lot may be converted to other uses, provided all necessary governmental approvals, including an amendment to any use permit or zoning is obtained from the City. Upon application of a mobilehome park owner,the City Council may, in its absolute discretion and upon finding of good cause, determine that a conversion of a mobilehome park is not occurring notwithstanding that more than one vacant lot is converted to other uses. (B) A change in ownership to a limited equity cooperative, nonprofit corporation or condominium, provided fifty-one(51)percent of the resident occupants participated in the purchase ofthe mobilehome park and all other residents residing in the mobilehome park are offered lifetime leases. http://Iibrary.mUnicode.com/print.aspx?clientID=16607&HTMRequest=http%3 a%2f%2flibrary.m... 3/24/2010 Municode Page 6 of 6 (7) Fair market value. Fair market value shall be established through the use of an appraisal approach wherein a number of relevant factors, including, but not limited to,the price of comparable mobilehomes of similar size, prommity, and condition if sold on the open market without constraints imposed on the sales price, rental rate,or buyer qualifications. Fair market value is further governed by subsection(c)(2)(1)of this section. (8) Impact report.A report required by California Government Code Sections 65863.7 and 66427.4 and containing the information set forth in subsection (c)of this section. (9) Homeowner.The owner(s)of the mobilehome. (10) Long-term lot.Any mobilehome lot which has been occupied by the same mobilehome for at least nine(9)of the twelve(12)months prior to the adoption of this section. (11) Resident.A homeowner or tenant. (12) Tenant.A person who occupies a mobilehome within a mobilehome park pursuant to a bona fide lease or rental agreement and who, during his or her tenancy, is not the owner or member of the immediate household of the owner of the mobilehome park. (§2 Exh.A(part),Ord.938,eN.July 3,2008) http://library.municode.com/print.aspx?cl ientID=16607&HTMRequest=http%3 a%2f%2flibrary.m... 3/24/2010 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this_day of , 2010, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consu#ff nt regarding the City's kV,... proposal to �:" ; and "nPk WHEREAS, Consultant is qualified by virtue of ezperiencekjraining, education and expertise to accomplish such services. {" F 5� NOW, THEREFORE, City and Consul t��mmutually agree as folrNls: Section 1. Scope of Work. , r ' The scope of work to be performed by Cons ulta�ntshall consist of those tasks as set forth in Exhibit'A,"attached and inc t herein byte erence. To the extent that there are any conflicts between the provisins e bfibed in Mbit "A" and those provisions contained within this Agreement, the prbvisions'i%n this Agreement shall control. Section 2. T ` [OPTION NGOING RVICE O END DATE] This Agreement shall commence on the ive d f is-Agreeept and services required hereunder shall continue until notified s i t`.uolonger required, subject to 15 days notice of terminati 4NM PTION2: S IFIC M] This Agreement shall commence on the effective date hall terminat d all aces required hereunder shall be completed, no later than Sects = 3. Cornnsation. 3.1 `� ount. Total compensation for the services hereunder shall not exceed $ [either, total contract amount, or amount per month or per fiscal year; also specify whether the total compensation includes expenses, etc.], [as set forth in Exhibit "8," attached and incorporated herein by reference[if Consultant provides a cost proposal or rate schedule]]. 1 3.2 Method of Payment. Subject to Section 3.1, Consultant shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. 3.3 Records of Expenses. Consultant shall keep complete and accuratd� records of all costs and expenses incidental to services covered by this AgreementThese records will be made available at reasonable times to City. Section 4. Independent Contractors It is agreed that Consultant shall act a 'bean independent contractor and not an agent or employee of City, and shall obtain no° 1 is to a benefits which accrue to City's employees. ;e Section 5. Limitations 60bubcontractiland Assignment. The experience, knowledge, capability and`reputation'of Consultant, its principals and employees were a sa'b antial in m orito enter into this Agreement. Consultant shall not co i any oth to peroriri the services required without written approval o City. is Agree, t may not be assigned, voluntarily or by operation of law, ut the prio ritten ap al of the City. If Consultant is permitted to subcontract any pa 'f.'his Ag- t by Ci onsultant shall be responsible to City for the acts and omissions it sa`is for persons directly employed. Nothing contain e ree shall creat by contractual relationships between any subca R or an All sons engaged in the work will be considered employees of Co nt. City will dire ith and will make all payments to Consultant. on 6. Cha es to Scope of Work. OW Fore � work no' of this Agreement, a written authorization from City is required prior to s undertaking any extra work. In the event of a change in the Scope of Work pro or in the contract documents as requested by the City,the Parties hereto shall execute 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/or Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Consultant discover any latent or 2 unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section B. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law: E-Verify. s s" E�4 { 9.1. Compliance with Law. Consultant shall comply with all applicable I ordinances, -odes and regulations of federal, state and local government. Ilk h� 9.2. E-Verify. If Consultant is not already enrolled in the mrtment of Homeland Security's E-Verify program, Consultant shall ` II in the E- r rogram within fifteen days of the effective date of this Agreement to mploym authorization of new employees assigned to perform work hereunde , Co # t shalliify employment authorization within three days of hiring a new a 'loyee' orm`Work under this Agreement. Information pertaining t -Verify p . ra n" und at http://www.uscis.00v, or access the registratio s:// s.com to erre istration. Consultant shall certify its regis n with rify an ovide its registration number within sixteen days of the effect ate of thi reemen allure to provide certification will result in withholding payme til full o ce is nstrated. S Co of Interes . onsultant co nts t presently has no interest and shall not acquire any inter irect or indi whi ould conflict in any manner or degree with the perform of the servi contemplated by this Agreement. No person having such interest sh a employe or associated with Consultant. Section C of Work Product. At the comple i n of the work, Consultant shall have delivered to City at least one (1) copy of any final reports and/or notes or drawings containing Consultant's findings, conclusions, and recommendations with any supporting documentation. All reports submitted to the City shall be in reproducible format, or in the format otherwise approved by the City in writing. 3 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 City upon demand without additional costs or expense to the City x,;The City acknowledges such documents are instruments of Consultant's professional- ersnces. Section 13. Indemnity. M12 h4' To the fullest extent permitted by law, Consul t.agrees to ct, defend, and hold harmless the City and its elective and appointive; ds, officers, ag . s, and employees from any and all claims, liabilities, expenses, o ages of any nature, i I tiding attorneys' fees, for injury or death of any person, or d - es of any-nature, including;interference with use of property, arising out of, or in way 00i 6cted with the` negligence, recklessness and/or intentional wrongful cond Nnsultant, Consultant's agents, officers, employees, subcontractors ndependen tractors hired by Consultant in the performance of the Agreement. Th eption to ultant's responsibility to protect, defend, and hold harmless the City, i e negligen ; 'recklessness and/or wrongful conduct of the City, or any of its e tive o ointivebbards, officers, agents, or employees. r. This hold h s agre ent shal ply to all liability regardless of whether any insurance policie applicabl The poli limits do not act as a limitation upon the amount of indemni n to d by sultant. S a Ins or before nin of the services or work called for by any term of this Agre t, Consultant, :ts o st and expense, shall carry, maintain for the duration of the a ment, and p :, a pro f thereof that is acceptable to the City, the insurance specified with insur nd under forms of insurance satisfactory in all respects to the City. Consu hall no ow any subcontractor to commence work on any subcontract until all insuran f the Consultant has also been obtained for the subcontractor. Insurance require i shall be provided by Insurers in good standing with the State of California and havin 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 an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the 4 general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, includi. owned, hired and non- owned vehicles in an amount not less than one milliorfollars per occurrence ($1,000,000.00). r 14.3 Worker's Compensation. � I If Consultant intends to employ e. '�yees to perforrervices under this Agreement, Consultant shall obtain and ma' during the term o Athis Agreement, Worker's Compensation Employer's Liability ranee in the statutory amont,as required by state law. � Yk � 14.4 Proof of Insupq. e, Requireme�/Endorsement. Prior to beginning any un his AgreeFnent, Consultant shall submit the insurance certificates, including the de �tctible o bi - etenbon amount, and an additional insured endorsement n City, its ce rr °Toees, `agents, and volunteers as additional insureds a each o Ilowing: Liebility arising out of activities performed by or o alf of C 'sultant, i uding the insured's general supervision of Consultant; prod nd compl operati of Consultant; premises owned, occupied or used by Consult or aut s owne eased, hired, or borrowed by Consultant. The covers shall co n$ on the scope of protection afforded City, its office es, s, or volunte 14.5 e o cel lation/Termination of Insurance. The above Icy/policies shall not terminate, nor shall they be cancelled, nor the covers reduced, u after thirty(30)days'written notice is given to City, except that ten (10)days' , Ce shat `given if there is a cancellation due to failure to pay a premium. 14.6 fhs 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. 5 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 Consultant. In addition, this Agreement may be terminated by any parry 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 b t minated subsequent to ,' the ten (10) day cure period. 4� Section 16. Notice. ay r• All notices shall be personally delivered o 16d to the beloi5 d addresses, or to such other addresses as may be designate ritten notice. Theseresses shall be used for delivery of service of process: To City: City of San Juan Capistran�E 32400 Paseo delanto ` San Juan Cap' CA 92675"A Attn: ;,. „ To Consultants. A.. Aff x Section 17. ltorne es_ k t la equity is n ary to enforce or interpret the terms of this Agqeon ng shall be entitled to reasonable attorneys' fees, costs and nee in ;.on to any other relief to which he may be entitled. . Dis Reso ution. InNi � a ;pute arising between the parties regarding performance or nterpretaent, the dispute shallberesolved by binding arbitration under the auspit ial 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. 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By: Joe Tait, City Manager CONSULTANT By: µ „ ATTEST: ,� ' 4* City Clerk ; APPROVED AS TO FORM:ZOO City Attorneyt y'4' yk Ilk'1r Chl�4 M: 7 SCOPE OF WORK REQUIRMENTS Capistrano Terrace Mobilehome Park Relocation Impact Report City of San Juan Capistrano, California March 2010 A. Project Initiation & Background: Arrange and conduct project "kick-off' meeting with City project manager to. • discuss objectives, schedules, and scope of work. • determine roles and responsibilities, communication, project manager-required approvals, and City procedures. • identify project deliverables and associated dates for completion of technical reports and the draft Relocation Impact Report. • establish tentative dates for project management meetings, public meetings, and Mobilehome Park(MHP) presentations. B. Introduction Letter / Household Survey: 1. Submit to the City's project manager for review and approval, a draft "letter of introduction" to the mobilehome park "heads-of-household" on the need to update the Relocation Impact Report; and, the draft household survey to gather needed information including but not be limited to the following information. The letter will include an explanation as to how the City will maintain the individual confidentiality of survey information: • The names, age, and gender of all household members. • Gross household income for all household members. • MD-diagnosed disability or chronic illness of any household member. • Distance(s) to employment of each household member, and neighborhood services. • Special needs of the household. • Current monthly space rent and total utility costs (i.e. natural gas, electricity, water, sewer, telephone, intern et access and/or cable television). • Outstanding installment loans including the term and the amount of periodic payments. • The type and amount of housing subsidy received by the household or any member of the household. 2. Following City project manager approval of the draft "letter of introduction," mail by U.S. Postal Service by first-class mail with delivery confirmation (not return receipt requested) mail, the "letter of introduction" and the "head-of-household" questionnaire with a self- addressed, stamped return envelope. 3. For households that do not respond within the deadline provided, consultant shall use all reasonable effort to follow-up by telephone, e-mail, and/or site visit to obtain the required survey information a minimum of two times and shall maintain documentation of the date, time, and method of attempted contact. 4. If consultant, after two follow-up attempts to the mailed survey remains unable to secure survey information from the "head-of-household," or in cases where residents have advised consultant that they refuse to respond to the survey, consultant may use available information provided by the Park owner, or another bona fide source (lending institution, public social service agency, utility provider, etc.). Scope-of-work(SOV ) Requirements City of San Juan Capistrano, CA Capistrano Terrace Mobilehome Park March 2009 C. Fair Market Value Appraisal: 1. Consultant shall give notice to proceed to an appraiser to estimate the fair market value of each mobilehome and all real property improvements. 2. The appraiser will contact all "heads-of-household" to advise of the need to conduct an inspection on the condition of the mobilehome, including both the outside and the inside the coach. 3. As part of the inspection of each mobilehome, the appraiser will gather information including the age (years), date of manufacture, type (e.g. manufactured home or mobilehome; single, double or triple-wide), width (feet) and size (gross square feet). 4. Estimate "fair market value" in current location assuming continuation of the mobile home park in a safe, sanitary and well-maintained condition with market-competitive lease rates. 5. Consultant will provide the City with a compiled report of all mobilehome appraisals. D. Estimated Cost to Relocate the Mobilehomes: 1. Consultant, in consultation with mobilehome relocation estimator, shall determine which mobilehomes can and cannot be relocated to another mobilehome park based on condition and age and provide a basis for this conclusion. 2. Consultant shall give notice to proceed to mobilehome relocation estimator to estimate the cost of moving those mobilehomes that have been determined as potentially eligible for relocation and are physically capable of being moved/relocated. 3. Relocation estimator will be required to visually inspect all mobilehomes to make a fair determination of the costs to relocate mobilehomes in accordance with City Municipal Code. 4. Consultant will provide the City with a compiled report on the estimated cost of relocating each mobilehome in the park that has been deemed capable of being relocated. E. Market Research: 1. Conduct a market survey of comparable (i.e. space rental parks) mobilehome parks within a fifty (50) mile radius of the City limits to gather information including but not limited to: • Park name, location and address. • Distance of the park from the park. • Total number of leased mobilehome spaces, and the total number of current vacancies. • Current lease rates, renewal provisions, and terms. Policies and restrictions on the relocation of existing mobilehomes onto available mobilehome lease sites in the park. 2. Survey for-sale listings and recent actual sales in the "comparable mobilehome parks within a fifty (50) mile radius" to indicate the size (gross square feet-GSF), age (years), and for-sale or actual sale price, and date of actual sale. 3. Survey of the local housing marketplace for the availability and cost of rental housing. 2 Scope-of-work (SOW) Requirements City of San Juan Capistrano, CA Capistrano Terrace Mobilehome Park March 2009 F. Relocation Impact Report Preparation: 1. The Report will include an evaluation of the survey results and incorporate those into the Relocation Impact Report as provided by the Municipal Code. 2. The Report will include consideration of appropriate measures to address the impacts of closure based on the findings of the household surveys and market research. 3. The Report will include all necessary elements and analysis to comply with the City's Municipal Code Section 9-2.331(c). 4. Prior to submission of the Working Draft Report to the City, consultant will meet and review all findings and proposed mitigation measures with the City's project manager. 5. Following review of the Working Draft Report by City staff, consultant will complete all corrections and submit the proposed Public Review Draft Relocation Impact Report. 6. Following City Council final action on the Public Review Draft Relocation Impact Report, consultant will prepare and submit the Final Relocation Impact Report.th City's Municipal Code Section 9-2.331 (d)(2) G. Public Meetings: 1. Consultant's senior project manager will attend two (2) public informational meetings pursuant to Section 9-2.331(d) (3) of the City's Municipal Code. 2. Consultant's senior project manager will attend three (3) public meetings to provide technical and professional support including the Housing Advisory Committee, Planning Commission, and the City Council, H. Schedule: Consultant shall prepare a detailed project schedule outlining all tasks and providing for City review of a working draft (internal review) Relocation Impact Report and the preparation of a public review draft Relocation Impact Report that incorporates City staff comments/corrections. The review schedule will include three phases: (1) Preparation of the Working Draft Relocation Impact Report, (2) Public Review Period for the Draft Relocation Impact Report, and (3) Committee/Commission review and fmal action on the Draft Relocation Impact Report. I. Project Budget: Consultant shall submit a detailed project budget outlining all tasks, staff assignments, and related costs and the not-to-exceed proj ect cost. J. Information to be Provided by the City or Applicant: The City or applicant shall be responsible for providing the following information: 1. A legal description of the property. 2. A base map and detailed description of the condition of the mobilehome park including the nature and location of structures, landscaping, easements, utilities and other on-site features and amenities. 3. A copy of the current, executed Rental Agreement for each leased mobilehome space in the Park. 4. The total number of leasable spaces within the park, the length of occupancy by the lessee of each space, and the current monthly lease rate for each space. 5. City will provide consultant with all information prepared by Overland Pacific & Cutler in electronic file format (pdf). 3 Proposal to CITY OF SAN .JUAN CAPISTRANO COMMUNITY DEVELOPMENT DEPARTMENT RFP - UPDATE OF THE RELOCATION IMPACT REPORT FOR THE PROPOSED CLOSURE OF THE CAPISTRANO TERRACE MOBILEHOME PARK April 7, 2010 5762 Bolsa Avenue, Suite 201 Huntington Beach, CA 92649 Tel: 714.379.3376 Fax: 714.373.1234 www.paragon-partners.com ATTACHMENT April 7, 2010 Mr. William A. Ramsey, AICP, Principal Planner City of San Juan Capistrano Community Development Department 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Subject: Proposal to Provide an Update of the Relocation Impact Report for the Proposed Closure of the Capistrano Terrace Mobilehome Park Dear Mr. Ramsey: Paragon Partners Ltd. (Paragon) is pleased to submit the enclosed proposal to prepare the Updated Relocation Impact Report (RIR) for the Proposed Closure of Capistrano Terrace Mobilehome Park as required in the RFP issued on March 24, 2010. Established in 1993 as a California Corporation and a certified Women-Owned Business Enterprise (WBE), over 75% of Paragon's project work is from repeat clients or referrals from existing clients. Our client focused and quality oriented services have enabled Paragon to grow to over 125 professionals and support personnel and, to be not only one of the largest Right of Way consulting firms in the western United States, but to also be one of the most respected. By utilizing proven professional skills and technical knowledge, its personnel provide solutions to problems and expedite achieving project objectives. Paragon's name was selected by its owners to exemplify their standards– "Paragon –a pattern of excellence." Paragon has extensive experience providing relocation planning and implementation services to public clients throughout California including the cities of Carson, Lynwood, Los Angeles, Industry, Lake Forest, Riverside, Santa Ana, and the counties of Orange, Riverside and Los Angeles. Paragon has completed numerous Relocation Impact Reports for both public and private clients in Southern California involving proposed mobilehome park closures and other developments. Paragon is currently providing mobilehome acquisition and relocation services to the cities of Sacramento and San Pablo. In summary, Paragon will commit the personnel resources to support the City of San Juan Capistrano's needs. If selected, Paragon's team, in collaboration with the City, will assure the successful delivery of the updated RIR as directed by the City. I am the contact person at Paragon during the period of proposal evaluation. If you have any questions, or require any additional information, please contact me at (714) 379-3376, ext. 201 or via email at neilia(a)oaraaon-oartners.com. Thank you for your consideration. Sincerely, '�« 1�g�4AA—. Neilia LaValle President and CEO 5762 Bolsa Avenue,Suite 201, Huntington Beach,CA 92649 Ph: 714-379-3376 w .paragon-partners.conn w�ilti ti�4. Table of Contents ProjectUnderstanding ...............................................................................................................2 Familiaritywith the Area ............................................................................................................2 ParkHistory...............................................................................................................................2 Scopeof Work Requirements....................................................................................................3 A. Project Initiation and Background .....................................................................................3 B. Introduction Letter/Household Survey...............................................................................4 C. Fair Market Value Appraisals............................................................................................6 D. Estimated Cost to Relocate the M obilehomes ..................................................................6 E. Market Research...............................................................................................................6 F. Relocation Impact Report Preparation ..............................................................................7 G. Public Meetings.................................................................................................................8 H. Schedule...........................................................................................................................8 I. Proposed Budget ............................................................................................................10 J. Information Provided by the City or Applicant (Owner)...................................................10 K. Relevant Project Experience...........................................................................................11 L. References......................................................................................................................11 Reference Letter from Mabel Furr .......................................................................................12 Reference Letter from Sonia Rivas......................................................................................13 M. Proposed Key Personnel ................................................................................................15 OrganizationChart....................................................................................................................16 CostProposal............................................................................................................................17 Assumptions............................................................................................................................17 FeeSchedule.............................................................................................................................18 N. Resumes for Proposed Key Personnel...........................................................................19 City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page iii PPL Proposal to Provide an Updated Relocation Impact Report April 7,2010 Project Understanding Paragon Partners Ltd. (Paragon) understands that the City of San Juan Capistrano (City) is seeking a relocation consultant to update the Relocation Impact Report (the Report) for the Capistrano Terrace Mobilehome Park (the Park) originally prepared by Overland, Pacific, & Cutler, Inc. (OPC) in January, 2008. The Park owner, Capistrano Terrace Ltd., (Owner) through its representative and President of the General Partner, Richard Julian, has now advised the City of its plans to move forward with the closure of the Park. This requires that the original Report be updated. The preparation of the updated Report will be in accordance with City Municipal Code Section 9-2.331 (Code) and the City's Request for Proposal (RFP). Familiarity with the Area Paragon is familiar with the area and the history surrounding Capistrano Terrace Mobilehome Park. It has worked on projects near the Park and the 1-5 Freeway such as the Oso Parkway/1-5 Project for OCTA, the Avenida Pico/1-5 Interchange Study for the City of San Clemente, and the Pacific Coast Highway Streetscape Project for the City of Laguna Beach. The Park is located nearby at 32802 Valle Road, on the east side of the 1-5 Freeway and south of the La Novia/1-5 Interchange. It contains 152 space rentals. The Park is approximately eighteen acres and was constructed in the late 1950's as a travel trailer park and was subsequently zoned as a mobilehome park in the 1960's. Park History The Park's history includes a series of important events. The City first received notice of the Owner's intent to close the Park in November, 2006. From September, 2007 to December, 2008, there were discussions between the Owner and Park residents to allow the residents to purchase the Park. Lawsuits over the condition of the Park were also filed in 2007, with residents complaining about certain geotechnical and infrastructure problems. The sale to residents did not materialize and the Owner renewed its intention to close the Park. In compliance with the Code, the City solicited a relocation consultant to prepare the original report in January, 2007 and OPC completed the report a year later. A copy of the Report was given to Richard Julian shortly after its preparation to facilitate the transmittal of the Report to the Park residents. In December 2009, the City's Housing Advisory Committee (HAC) passed a resolution directing that the original Report be updated and the Owner agreed. Two months later, the Mobile Home Sub-Committee of HAC urged all branches of City government to expedite the closure application process to address residents' frustration with the speed of the process. On March 24, 2010, the City released its solicitation for an update of the Report. City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 2 PPL Proposal to Provide an Updated Relocation Impact Report April 7, 2010 Scope of Work Requirements A. Project Initiation and Background As soon as possible after receiving a Notice to Proceed from the City, Paragon will propose a kick off meeting with the City Project Manager to: Discuss objectives, schedules and scope of work. a. Objective of the Project: Paragon understands the primary objective of the project to be the updating of the original Report in such a way as to comply with the Code and facilitate the closure of the Park in a fair and equitable way to both Owner and residents. This objective can be achieved through the preparation of and adherence to a very specific, detailed plan that supports residents' input while facilitating the Owner's desire to close the Park. The Report update will progress under the City's guidance from its relevant departments, the Planning Commission, and the Housing Advisory Committee. Paragon works successfully with both public agencies and private developers in various relocation projects and carefully balances both public and private interests. (Paragon has successfully relocated over 900 households in the City of Los Angeles under its Rent Stabilization Ordinance, which requires Paragon to directly interface between tenants and private landlords. Under the Rent Stabilization ordinance, landlords must directly provide relocation funds to residents and Paragon assists the City in administering the program.) b. Project Schedule: The kickoff meeting will also address the schedule for achieving this objective. This is especially important due to the lengthy history of the park closure process and the fact that there is no mechanism within the Code for closures to be put on hold. Paragon will establish tentative dates for project management meetings and public meetings. Paragon understands the diverse audiences that each type of meeting will have and will customize its message for each audience. A specific task schedule is included in Item H of this proposal. c. Scope of Work: Paragon will work the City Project Manager to thoroughly discuss and define the exact scope of work for the Project and Report. This definition process will clearly spell out what is expected and when under the schedule while also making sure the scope of work supports the objectives of the Project. The scope will identify specific deliverables and their completion dates. Periodic progress updates will be given to the City throughout the preparation of each deliverable. d. Establishing Roles and Responsibilities: At the kickoff meeting, Paragon will carefully review the City's system of internal roles, responsibilities and lines of communication. Paragon will also detail its lines of communication and the roles of each of its staff members. Project Director Darryl Root and Project Manager David Hudson will be the central points of contact for the City. These managers will be constantly available to the City not only at formal City meetings but also through phone, fax and email to answer any question or concern the City has on a real time basis. Each will have the responsibility and authority to carry out the City's directions on the Project and to make timely, useful recommendations as the Report process progresses. City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 3 PPL Proposal to Provide an Updated Relocation Impact Report April 7, 2010 Paragon believes strongly in the philosophy and objective of"Results, not excuses". Clear and direct communications are the foundation of achieving results. Paragon has years of experience clearly and concisely communicating important relocation and planning objectives. For the City of San Pablo, both Mr. Root and Mr. Hudson attended City Council Meetings and explained to mobilehome park residents, Council persons, planners and the general public how the parks would close and what benefits would be extended to qualified residents. Both were required to outline how the closure would occur under applicable regulations, when important events would happen and the impact these events would have upon the City and the park residents. Similarly, Mr. Root and Paragon staff were required to address residents of the 100 Palms Mobilehome Park during the Riverside County EDA's acquisition and closure of that park. One such meeting was conducted at the beginning of the project and the other meeting occurred the morning after a fire broke out in the park and rendered half of the park dwellings uninhabitable. Under the direction of the EDA, Paragon personnel found temporary housing for all residents displaced by the fire by the end of the day and found permanent housing for all residents displaced by the closure. This experience and other relevant project information is further detailed later in the project experience section of this proposal. Other Paragon staff have also spoken in front of numerous boards and commissions, including the Los Angeles Board of Airport Commissioners, Los Angeles Unified School Board, Metropolitan Water District and the Alameda Corridor East Board. The presentations before these groups were the culmination of collaboration between Paragon staff and planners. These communications were facilitated by the fact that many of Paragon's staff have law degrees, MBA's or other advanced degrees. This gives Paragon a clear advantage over other consultants when discussing the application of regulations and codes to specific situations. Paragon's relocation presentations and impact reports have been approved by other state and federal agencies without major changes being necessary. These impact reports prepared for Caltrans, through various engineering prime consultants, include reports for the 1-710, SR-91, Centennial Parkway, Rosedale Highway, and First and Sixth Streets for the City of Los Angeles. These reports thoroughly discussed the impact of the projects on displacees and detailed the benefits and availability of replacement sites for hundreds of residential and non-residential occupants. B. Introduction Letter/Household Survey Paragon will submit a draft introductory letter for review and approval to the City's Project Manager. The purpose of the introductory letter will be to advise residents of the need to update the Report and gather survey information to help facilitate the update of the Report and the displacees' eventual relocation. Following the City Project Manager's approval of the draft letter of introduction, Paragon will mail the letter and the head-of-household survey by first-class mail along with a self addressed stamped envelope. A deadline for responding to the survey will be suggested by Paragon and approved by the City Manager. A household will be deemed non- responsive if it does not respond fully within the response period. For non-responsive households, Paragon will use all reasonable efforts to follow up. These methods include telephone calls, e-mails, and site visits, if necessary, to obtain the information. A minimum of two attempts to follow up with the non-responsive household will take place. in instances where Paragon has made and documented two follow up attempts, or in cases where the resident refuses to provide the information, Paragon will use information provided by the Owner or another verifiable source. (Paragon has experience with the use of secondary sources to City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 4 PPL Proposal to Provide an Updated Relocation Impact Report April 7,2010 provide information for relocation impact studies. Its Draft Relocation Impact Reports (DRIB) for state highway projects use secondary sources only because the Caltrans Manual forbids contact with residents until a Final Draft Relocation Impact Report (FRIR) is completed and a final alignment is chosen. In addition, Paragon uses third party verification procedures to confirm certain information it uses in its Oakland Housing Authority Project. This project involves confidential information concerning over 1400 households.) The survey will include questions on: • The names, age, and gender of all household members. • Gross household income for all household members. • MD-diagnosed disability or chronic illness of any household member. • Distance(s) to employment of each household member, and neighborhood services. • Special needs of the household. • Current monthly space rent and total utility costs (i.e. natural gas, electricity, water, sewer, telephone, intern et access and/or cable television). • Outstanding installment loans including the term and amount of periodic payments, • The type and amount of housing subsidy received by the household or any member of the household. The letter will assure the confidentiality of the responses. Paragon performed similar tasks for the City of San Pablo for nearly 250 park residents affected by the purchase of the two parks (Circle S and Alvarado) by the City. Paragon was successful in gathering large amounts of data from residents by building a rapport with them through community meetings, City Council meetings and individual counseling sessions. (The San Pablo Project Director, Darryl Root, and Project Manager David Hudson, are also proposed on this project.) The trust engendered by Paragon's specific and detailed answers to residents' questions and Mr. Hudson and Mr. Root's abilities to ease frustration and fears about the relocation process resulted in obtaining survey information from all 250 affected households. Paragon's work on the Hood Trailer Park in Sacramento yielded the same results in gathering survey information. In both cases, Paragon implemented strict security measures on access to confidential information by employing its Paragon Data Quest! (PDQ) information system. The information was only accessible to a limited number of authorized Paragon personnel and City staff members. Project Management and Project Tracking System Paragon proposes to utilize its proprietary Project Management software Paragon Dataquest! (PDQ) to efficiently track and manage all data concerning residents' responses to surveys, mobilehome value estimates, relocation estimates and all other pertinent Report factors. PDQ is able to easily generate reports based upon a number of variables and assists in analyzing and interpreting data. It can also track all milestones, deliverables, and generate individual schedules for each project task. if requested by the City, PDQ can also store all of this information on a password protected internet platform so the progress of the project can be tracked by authorized users at any time. City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 5 PPL Proposal to Provide an Updated Relocation Impact Report April 7,2010 C. Fair Market Value Appraisals Paragon will give notice to proceed to its Furniture, Fixture and Equipment (F&E) Appraisers to estimate the fair market value of each mobilehome and all real property improvements. The appraiser will contact all heads-of-households to inform them of the need to conduct an inspection on the condition of the mobilehome, including both the outside and inside of the coach. The appraiser will gather information including age (years), date of manufacture, type (manufactured or mobilehome or single, double, or triple-wide.) Paragon was instrumental in assisting its F&E appraiser in San Pablo gain access to the inside of mobile homes for appraisal purposes. Some residents were fearful that they would not receive fair compensation for their unit and did not understand the valuation method being used. Paragon explained the appraisal process and every resident granted access to his or her unit. The standard for appraising the San Pablo units was the same as requested here. Paragon has chosen Hjelstrom and Associates to perform the fair market appraisals of the units. Hjelstrom and Associates has over 50 years of experience valuing mobile homes and other items of F&E. They are an Orange County-based firm, located in Laguna, Hills, less than 15 minutes away from the project site. They have valued hundreds of mobilehomes in Southern California for various projects including: • Long Beach, approximately 40 mobilehomes, for a redevelopment project. • Pismo Beach, approximately 80 mobilehomes, for a redevelopment project. • Palm Springs, approximately 50 mobilehomes, for a redevelopment and road widening project. • Lake Perris, one mobilehome involved with a road widening project for the city. They have thoroughly studied the original Report and have reviewed the values placed upon each individual unit and are familiar with the Park and the kinds of mobile units located there. The Code specifies that the updated Report must contain the fair market value of each mobilehome and "all associated fixed property." This type of property may include awnings and carports or other features that must be accounted for in the appraisal. It is unclear in the original report if this associated property was contained in the fair market value assigned to each coach, but the Code makes it clear it should be. D. Estimated Cost to Relocate the Mobilehomes Paragon in consultation with its Relocation Cost Estimator, Richey Construction, (Richey) will determine which mobilehomes can and cannot be relocated to another mobilehome park based on condition and age, among other factors. Richey will then estimate the cost of moving those mobilehomes that they have determined are physically capable of being moved. The relocation estimator will visually inspect all mobilehomes. Paragon has worked for years with Richey to relocate hundreds of units from the Circle S and Alvarado Mobile Home Parks and the Hood Trailer Park in Sacramento. Richey has a full team of employees who have both demolished units in place and set up new units for hundreds of park residents. Richey also specializes in re- setting used mobilehomes in new parks. E. Market Research Paragon will conduct a market survey of comparable mobilehome parks offering rental spaces within a 50 mile radius of the City limits to gather the following information: City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 6 PPL Proposal to Provide an Updated Relocation Impact Report April 7,2010 • Park name, location and address • Distance of the park from Capistrano Terrace • Total leased spaces and num ber of current vacancies • Current lease rates, renewal provisions and terms • Policies and restrictions on the relocation of existing mobilehomes onto available mobilehome leases sites in the park Paragon will also review listings for mobilehomes for sale and discover the actual sale prices paid for units comparable to those found in the Park. For both the listed mobilehomes and the sold units, Paragon will note the gross square footage, age, and sale date, if applicable. Paragon will also survey the surrounding area for the availability and rental rates for replacement dwellings. Paragon obtained exactly this sort of information from hundreds of mobilehome parks in Orange, Kern, Riverside and San Bernardino Counties for a private client who was considering closure of two mobilehome parks with 250 units in Anaheim. The client ,who wishes to remain anonymous, was represented by Palmieri, Tyler, Wiener, Wilhelm & Waldron, LLP (Palmieri). Paragon prepared a Conversion Impact Report (CIR) for Palmieri and the client. Ultimately the client decided not to pursue closure due to political pressure. Prior to the abandonment of the closure process, Paragon was on a first name basis with many park owners due to the regularity with which Its staff sought out available rental spaces. In addition, Paragon's extensive contacts throughout the mobilehome park industry give it access to open rental spaces prior to any general announcement of availability. Likewise, Paragon has worked with a large number of used and new mobilehome brokers on various projects. These brokers are often a reliable source of information on specific sales prices and on the mobilehome market in general. These brokers also are able to provide project displacees with better pricing than members of the general public due to the possibility of selling a higher number of units once the closure process progresses. F. Relocation Impact Report Preparation Paragon will include a discussion and analysis of all elements listed in the Code including an evaluation of the survey results and consideration of appropriate measures to mitigate the impacts of the closure. The evaluation of the survey results and the mitigation measures will be based upon all relevant factors discovered during the research process. Prior to the submission of the Working Draft to the City, Paragon will submit its detailed findings and proposed mitigation measures to the City's Project Manager. After this submission, Paragon will make all corrections and submit the proposed Public Review Draft Relocation Impact Report (PRDRI). After public review and City Council action on the PRDRI, Paragon will submit its Final Relocation Impact Report. Paragon will draw upon its expertise with impact reports and relocation plans to help it make specific, actionable recommendations for the City. For example, the Anaheim ordinance governing the preparation of the CIR for Palmieri is very similar to the City's municipal code sections governing park closures. Like the City's code provisions, the Anaheim code required a lot of information on the park properties to be closed, such as maps of the properties, onsite features and amenities, the number or spaces within the park, lease rates for the spaces, and the number of residents. Both the City's municipal code and the Anaheim code required research into the location of comparable mobile home parks and the availability of spaces in City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 7 PPL Proposal to Provide an Updated Relocation Impact Report April 7,2010 these parks. Paragon was able to contact and become familiar with over 214 different mobile home parks in Orange, Los Angeles, Kern, San Bernardino and Riverside Counties. Therefore, extensive recent research into the vacancies and amenities in each of these parks is readily accessible to Paragon. As part of its work on the CIR, Paragon also contacted a multitude of conventional rental properties in order.to offer referrals to residents who rented homes in the park. Both the Anaheim and San Juan Capistrano codes require the determination of costs for relocating the mobile homes and reinstalling certain amenities such as porches, etc. Each code also requires a list of proposed measures to mitigate the adverse impacts of the conversion upon park residents. Through the preparation of the Anaheim CIR, Paragon reinforced existing skills with researching replacement parks and their requirements for new entrants; the process and costs of the set up and tear down of mobile homes; the connection of utilities; and a host of other mobile home relocation issues. Paragon also built up a network of relationships with mobile home park dealers, real estate agents, and park managers within a large radius. Paragon gathered similar information for its CIR for the Sacramento Housing and Redevelopment Agency (SHRA)'s Hood Trailer Park project. The CIR, however, was prepared pursuant to the State's Mobile Home Residency Law (MRL) as there was no applicable municipal or county ordinance. The CIR was approved by the Sacramento Planning Commission with few changes required. Based upon its initial performance, Paragon was also awarded the relocation implementation and property management contracts. A reference letter commending this performance is located in the References Section of this proposal. One of the most important features of the updated Report will be the mitigation measures proposed. The original Report suggested general mitigation measures but did not fully address the most pressing issue for residents. That issue is centered around the fact that, due to the age of the mobilehomes, many replacement parks will not accept the unit. This leaves the resident with a gap between the fair market value of the unit and the funds required to purchase a new or newer mobilehome. Paragon would mitigate this dilemma by advising residents of other government programs which assist them in buying replacement homes such as First Time Home Buyer Programs, mortgage credit certificate programs, etc. Using these programs and others, Paragon was able to help 70% of the San Pablo park residents obtain a conventional or new mobilehome with loans that they could afford. G. Public Meetings Paragon's Project Director and Vice President, Darryl Root, will attend two public information meetings pursuant to the Code and will attend three public meetings to provide technical and professional support to the HAC, Planning Commission, and City Council. H. Schedule Presented below is Paragon's detailed schedule of all tasks and their durations, which includes time for City review of a Working Draft Relocation Impact Report, Public Review Period for the Draft Relocation Impact Report, Committee/Commission review and final action on the Draft Relocation Impact Report. City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 8 PPL Proposal to Provide an Updated Relocation Impact Report April 7,2010 Task Deliverable Date City selection of Notice to Proceed Approximately April 20 Consultant To prepare (Must be within 90 days of Relocation Impact Report written Request of Applicant) City Notification of Notice to Residents Approximately April 20 Residents that Preparation of a Relocation Impact Report will begin Paragon Kickoff meeting List of Objectives, Schedules, April 21 -April 28 with City, Preparation of Scope of Work, Delineation of Final Objectives and City and Consultant Roles and Schedules Responsibilities, Confirmation of Project Deliverables, Dates, including Draft Relocation Impact Report; Establish Dates for Project Management Meetings, Public Meetings and Mobilehome Park presentations Preparation and Draft Letter and Survey April 30 Transmittal to City of Draft Introduction Letter and Household Survey Begin Market Research Market Research April 30 -July 17 based Upon Information in Original Report City Review of Draft Letter Approved Letter and Survey May 7 and Survey First Informational Public Public Meeting May 8 Meeting Mailing of Letter and Notification of Residents May 7 - May 10 Survey First Professional/ Discussion of Project Progress May 11 Technical meeting with the HAC/Planning/City Council Receipt of Survey Data Preparation of Survey Database May 11 - May 18 Follow up with Non- May 18 - May 25 Responsive Households Organization and Analysis Survey Conclusions May 11 - May 25 of Survey Data Notice to Proceed Given to Notices to Proceed May 25 - July 10 Appraiser and Relocation Estimator to Begin Work Preparation of Initial Preliminary Conclusions July 10 - July 17 Findings Findings Given to C ity's Review of Preliminary July 17 -July 24 Project Director Conclusions City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 9 PPL Proposal to Provide an Updated Relocation Impact Report April 7,2010 Task Deliverable Date Preparation of Draft Draft Relocation Impact Report July 25 -August 14 Relocation Impact Report City staff review Corrections to Draft Relocation August 15 -August 29 Impact Report Inclusion of City Public Review Draft Relocation August 30 Comments into Draft Impact Report Relocation Impact Report Second Professional/ Discussion of Public Review August 30 Technical meeting with the Draft Relocation Impact Report HAC/Planning/City Council Public Review of Draft Public Review Period August 31 - September 14 Relocation Impact Report Committee/Commission Approved Report September15 - September Action on Draft Relocation 29 Impact Report/[nclusion of Public Comments Transmittal of Approved Transmission of Report September 30 Report To Applicant/Owner Owner distribution of Report Distribution October 1 - 15 Report (Must not be less than 30 days prior to Planning Commission Hearin Second Informational Public Meeting October 16 Public Meeting (Must not be less than 14 days prior to Planning Commission Hearin Third Professional/ Discussion of Final Report November 19 Technical meeting with the HAC/Plannin /Ci Council Planning Commission Approved Final Report November 23 Hearing Approval of Report and Application I. Proposed Budget Paragon's detailed budget which outlines its all tasks, staff assignments and related costs and its not to exceed project cost can be found in the Fee Proposal section of this proposal. J. Information Provided by the City or Applicant(Owner) Paragon understands that either the City or the Applicant (Owner) will provide: • a legal description of the Park; • a base map with a detailed description of the condition of the Park indicating the location of structures, landscaping, easements, utilities and other onsite features and amenities; • a copy of the current, executed rental agreement for each leased space in the Park; • the length of occupancy of each space and its monthly rental rate; • and all the information prepared by OPC in electronic format. These items will provide the basis of Paragon's updated Report. City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 10 PPL Proposal to Provide an Updated Relocation Impact Report April 7, 2010 K. Relevant Project Experience Client Project Project Description Redevelopment Alvarado Mobile Home Paragon is finishing relocation Agency of the City of Park and the Circle S assistance services for the Circle S San Pablo Mobilehome Park Project mobilehome park and the Alvarado mobilehome park. The City plans to redevelop the 16 acres into a brand new residential community. Paragon is providing relocation planning and assistance services for the Alvarado Mobile Home Park for 49 units, including 8 travel trailers and for the Circle S Project affecting a total of 250 displacees, including a Salvation Army Thrift Store. Sacramento Housing San Juan Motel/Hood Paragon provided relocation services and Redevelopment Trailer Park Project for the relocation of 23 trailer park Agency households at the Hood Trailer Park and nine (9) resident households at the San Juan Motel. Paragon also provided acquisition services for 19 trailers. Riverside County 100 Palms -Thermal Paragon provided relocation and Economic Trailer Park Interim property management Development Agency services for the Thermal area of Riverside County in connection with the relocation of approximately 35 mobilehomes, 15 huts, an auto tire shop and a small commercial market. L. References Sacramento Housing and Redevelopment City of San Pablo Agency Sonya Rivas Sandy Lee Redevelopment Analyst, Special Events Relocation Coordinator Coordinator 630 1 Street 13831 San Pablo Avenue, Building 3 Sacramento, CA 95814 San Pablo, CA 94806 916 440-1399 510 215-3200 Riverside County Economic Development Palmieri, Tyler, Wiener, Wilhelm &Waldron, Agency LLP Janet Parks Ryan Easter Redevelopment Coordinator 603 Main Street, East Tower, Suite 1300 1325 Spruce Street Irvine, CA 92714 Riverside, CA 92507 (949) 851-9400 951 955-8916 City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 11 PPL Proposal to Provide an Updated Relocation Impact Report April 7,2010 Reference Letter from Mabel Furr FROM THE DESK OF MABEL FURR April 7,2010 William S.Ramsey,AICP,Principal Planner Community Development Department 32400 Paseo Adelanto San Juan Capistrano,California 92675 Re: Recommendation of Paragon Partners Ltd. Dear Mr. William A.Ramsey: I have worked with the Sacramento Housing and Redevelopment Agency(SHRA)for fourteen years as their Redevelopment Coordinator. I retired in December of last year. SHRA has worked with Paragon Partners Ltd. (Paragon)on various relocation projects. Perhaps the most challenging project was the San Juan Motel and Hood Trailer Park Relocation Project. This project involved 9 relocations from a small motel and 23 relocations at an adjacent mobile home park. It was necessary for Paragon to write a Conversion Impact Report for the project. The CTR(CIR)prepared by Darryl Root, Relocation Director,and his staff was very comprehensive and well planned. It addressed the needs of the residents and conformed to all applicable regulations. The plan outlined a reasonable schedule for the relocations of the park. The CIR was approved the first time with very few changes being necessary by the Sacramento Planning Department. Paragon met all scheduling dates and their budget for the project. In addition to the Conversion Impact Report,Paragon performed the relocation services and property management services. Both of these services were performed very well and each service was performed on schedule and within Paragon's budget. Paragon also met the amounts listed on their relocation benefit cost estimates. Due to the extremely blighted conditions of the area,this was one of the most challenging projects ever undertaken by SHRA.All residents of the park were very low income individuals,many of whom had substance abuse problems.All residents were moved out on schedule and the project had no relocation appeals. I am very happy to strongly recommend Paragon Partners Ltd. for the assignment to update the City's Relocation Impact Report. Sincerely, 1iwd C�- Mahel Furr Retired Relocation Coordinator for SHRA 916-452-5459 i City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 12 PPL Proposal to Provide an Updated Relocation Impact Report April 7, 2010 Reference Letter from Sonia Rivas ACk {W tMIL V Q O LL. April 2,2010 W r- William S. Ramsey,AICP,Principal Planner V Community Development Department 32400 Paseo Adelanto San Juan Capistrano,California 92675 ZRe: Recommendation of Paragon Partners Ltd. .L,._ Dear Mr. William A. Ramsey: DThe Redevelopment Agency of the City of San Pablo("Agency')identified Paragon 57 Partners Ltd.("Paragon')through an invitation only Request For Proposal to provide relocation services for two separate mobile home parks comprised of 260 units and a large commercial site in 2006. Some of the challenges presented to Paragon included a re-tenancy of certain households, V adhering to promises made by the Council,and a phased planned development that was Uto occur concurrently with the relocation. After an initial rough start by a previous consultant,the Project Manager,David Hudson, stepped in to review the project and its specialized intricacies. After a few preliminary discussions,Mr.Hudson returned to the Agency with a plan and recommendations to relocate our tenants in a more efficient manner than the Agency had anticipated. Prior to the inception of services,Mr.Hudson had gathered his team of relocation specialists,prepared an extensive schedule of comparables organized by number of bedrooms,finalized the notices of eligibility and had them translated into Spmush, prepared a draft Relocation Plan,prepared a benefit calculation cheat sheet for staff,and established an office on site to better meet the needs of the tenants. The relocation plan carefully laid out the steps to be taken under state law in order to efficiently relocate the impacted tenants. Mr.Hudson even made it his personal goal to finalize the project on time and under budget for both Paragon's fees and the relocation benefits estimated for displacees. Our current records reflect that the goal is on track. Paragon's staff are professional,very knowledgeable,efficient and most importantly, personable,essential when dealing with a large diverse group of people. Mr.Hudson has gained the respect of our families,seniors and City Staff because of his personable and caring personality and genuine interest in helping his clients during this stressful change 13531 Sar Palo Avenue,Braldrg 3•Sm Pablo,CA 94806 Mon:510-215-3030 a rex:510.335-9417 w xi.5an-Pablo.caw City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 13 PPL Proposal to Provide an Updated Relocation Impact Report April 7, 2010 in their lives. Mr.Hudson and his relocation specialist Ms.Yolanda Flores are both fluent in Spanish and have been instrumental in assisting our Spanish speaking clients to help them understand the relocation process and ease their fears about moving and fair treatment. It is with great pleasure that the Agency recommends Mr.David Hudson and Paragon Partners to provide excellent professional relocation services to any project. Re spe ctfully, Sonia Rivas . Redevelopment Analyst i cc: Paragon Partners Ltd David Hudson Yolanda Flores City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 14 PPL Proposal to Provide an Updated Relocation Impact Report April 7, 2010 M. Proposed Key Personnel Darryl Root, J.D.. MBA, RW/RAC, Project Director Darryl Root has more than 20 years of professional real estate experience in both the public and private sectors involving real estate sales and acquisition of right of way, easements and fee property, as well as residential and commercial relocation assistance. He has managed acquisition/relocation projects for municipalities, county and state agencies and has extensive experience in eminent domain cases and procedures. Mr. Root has successfully managed both large and small projects involving multiple projects and agencies. Mr. Root has managed several mobilehome park relocation projects in both Northern and Southern California and the Bay Area. Mr. Root has served as Project Manager for the Los Angeles Unified School District and supported the real estate program for the Alameda Corridor East-Construction Authority. David Hudson, Project Manager David Hudson has 10 years of experience providing relocation assistance services. He has personally negotiated and processed over 178 relocation settlement cases during an 18 month period, partially offsetting a high dollar operating deficit for the Los Angeles World Airports (LAWA). Mr. Hudson created and executed full-service relocation plans for multi-family residences and commercial businesses for private developers and public agencies. He has negotiated, facilitated and dispersed $20 million dollars in residential relocation funds for community redevelopment and located, researched and negotiated property acquisitions for public agencies and private developers. Mr. Hudson served as the Project Manager for the Circle S and Alvarado Mobilehome Relocation projects. Mr. Hudson is bilingual in English and Spanish. Arturo Perez, Principal Residential Relocation Agent Mr. Perez is responsible for managing various projects and client interface. He has been responsible for business, residential homeowner, and tenant relocation cases. His duties include replacement site selection, calculation of benefit payments, coordination with moving companies, inspection of replacement housing sites, and extensive file documentation. Mr. Perez has over seven years of diversified relocation experience. He has worked on several mobilehome park projects including projects for the cities of Oxnard, San Pablo, Sacramento and Riverside County. Mr. Perez speaks and writes fluently in English and Spanish. Konstantin Akhrem, QA/QC Manager Konstantin Akhrem has seven years of experience as a Relocation Specialist in Right-of-Way projects and a total of 10 years of experience in the Real Estate field and local housing market in various capacities including real estate sales, residential mortgage financing and property management. Mr. Akhrem is knowledgeable in all aspects of public relocation and he is experienced in implementation of both state and federal relocation regulations under the California Government Code 7260, and Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA). He is familiar with relocation policies procedures of various Public Agencies, including HUD, FAA, Caltrans, and LAUSD. Mr. Akhrem is well versed in California Landlord-Tenant Law, Fair Housing laws, relevant provisions in California Heath & Safety Code and the Los Angeles Rent Stabilization Ordinance. To date, Mr. Akhrem has worked on over 1,400 residential relocation cases, many of them were mobilehome displacees. City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 15 PPL Proposal to Provide an Updated Relocation Impact Report April 7,2010 Organization Chart The Paragon team members and lines of communication and authority are described in the Organization Chart below. City of San Juan Capistrano Capistrano Terrace Mobile Home Park Project PROJECT DIRECTOR Darryl Root.J.D.,MSA,RWIRACt PfWIECT MANAGER David Hudson"t RFLGcAi1ou Q Ryacps APPRAISAL SE Rl^.GES Arturo Perez,Principal Residential RelocatioJAgentr* Gordon Hjelstrom,Hjelstrom&Associates,Konstantin Akhrem,Quality Control ManF&E Appraisals Craig Chong,Senior Relocation AgeYolanda Flores,Relocation Agent' .. -AMina Villalobos,Project CoordinatoREI_M•rw EsTimAnmG SERs^.cEs Larry Richey,Richey Construction, Relocation Estimator Bilingual t Kay Personnel Mr. Root and Mr. Hudson will direct the activities of each team member and update them on decisions reached with the City's Project Manager. All team members will treat the Park residents in a uniform way with respect and dignity. All staff members will understand the lines of project communications and adhere to all project guidelines. Paragon's Quality Control Manager, Konstantin Akhrem, will ensure that all deliverables are accurate, on time and within budget. Full resumes for proposed Key Personnel is included in section N of this proposal. City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 16 PPL Proposal to Provide an Updated Relocation Impact Report April 7,2010 Cost Proposal Task Fee Preparation of Relocation Impact Report $20,885 Appraisals of Mobilehomes $38,000 Relocation Estimation $7,600 Attendance at two (2) Informational Public Meetings $1,050 Attendance at three (3) Professional/Technical Meetings $1,575 Budget for Other Reasonable Expenses $600 Total $69,710 Assumptions • Paragon's scope of work includes research for and preparation of the Updated Relocation Impact Report (RIR). Other activities required by the housing specialists in City Municipal Code Section 9-331 after the approval of the RIR are not within the scope of the RFP. • Paragon assumes reasonable access to pertinent records in the possession of the owner and City. • Paragon assumes two informational public meetings and three technical meetings with the City. Paragon will be in frequent communication (phone, fax and email) with all relevant stakeholders during the preparation of the RIR. • Paragon assumes the park has 152 occupied spaces. • Paragon assumes value estimates are needed for 152 different mobile homes. Vacant spaces will reduce the appraisal fees required for the project. City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 17 PPL Proposal to Provide an Updated Relocation Impact Report April 7,2010 Fee Schedule Classification -Hourly Rate Principal/Project Director/Corporate Broker $165.00 Manager $150.00 Principal Acquisition Agent $115.00 Senior Acquisition Agent $ 95.00 Acquisition Agent $ 85.00 Principal Relocation Agent $115.00 Senior Relocation Agent $ 95.00 Relocation Agent $ 85.00 Senior Title Agent $ 95.00 Title Agent $ 85.00 Project Coordinator $ 75.00 Right of Way Engineer, P.E. $140.00 Senior Right of Way Engineer $120.00 Associate Right of Way Engineer/GIS Specialist $ 95.00 Right of Way Engineering Technician $ 75.00 Senior Appraiser $140.00 Associate Appraiser $125.00 Administrative Support $ 65.00 Office Clerk $ 50.00 IT Support $110.00 Depositions and Court Testimony $250.00 Direct Charges Copies Xerox $0.15 each Pagers/Cellular @ Cost D & E Size Copies @ $5.00 each Air Travel & Lodging Cost Real Estate Data Services @ Cost + 15% Mileage @ $0.50 per mile* Telephone/Fax @ Cost Sub-Consultants @ Cost+ 15% Postage/FedEx @ Cost Other Expenses @ Cost+ 15% *Or current IRS allowable Terms of Payment — Net 30 days. Invoices will be submitted monthly. All rates are effective as of January 1, 2010. Rates will be revised annually on January 1, 2011 to reflect increases in the cost of living and current business conditions. Overtime for applicable labor classifications will be charged at 1.5 times the hourly rate in accordance with California law. City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 18 PPL Proposal to Provide an Updated Relocation Impact Report April 7,2010 N. Resumes for Proposed Key Personnel Full resumes for the proposed Key Personnel are included in the following section. City of San Juan Capistrano—Capistrano Terrace Mobilehome Park Page 19 PPL Proposal to Provide an Updated Relocation Impact Report April 7, 2010 DARRYL ROOT, J.D., MBA, RW/RAC Project Director Darryl L. Root, J.D., MBA, RW/RAC, has more than 20 years of professional real estate experience in both the public and private sectors involving real estate sales and acquisition of right of way, easements and fee property, as well as residential and commercial relocation assistance. He manages acquisition/relocation projects for municipalities, county and state agencies and has extensive experience in eminent domain cases and procedures. Mr. Root has successfully managed both large and small projects involving multiple projects and agencies. Mr. Root is a licensed real estate agent and an active member of the International Right of Way Association and Design Build Institute of America. Representative Experience County of Riverside—Van Buren Interchange Project Mr. Root was the Project Manager who oversaw acquisition and relocation activities and coordinated with relocation agents for business relocation cases. Assisted relocation agents in coordination with Agency staff and agency counsel. Los Angeles Unified School District(LAUSD) Mr. Root was the Project Manager who oversaw acquisition and relocation activities for three new school sites, reporting directly to LAUSD and coordinating with LAUSD staff. County Sanitation Districts of Los Angeles County — Lancaster Water Reclamation Plant 2020 Facilities Plan Mr. Root reviewed and assisted relocation agents in updates to Rel ocation Planning documents. Coordinated research on updates for Relocation Planning documents. County Sanitation Districts of Los Angeles County — Palmdale Water Reclaimant Plant (PWRP) Project—PWRP 2025 Facilities Plan Mr. Root reviewed and assisted relocation agents in updates to Rel ocation Planning documents. Coordinated research on updates for Relocation Planning documents. Los Angeles County Metropolitan Transportation Authority (LACMTA) Mr. Root is the Deputy Project Manager on the Mid City Exposition project that involves the relocation of 12 businesses, 29 billboards and a public storage unit located in the City of Los Angeles. His duties include the review of relocation claims and the preparation of documents recommending their payment. He supervises all field relocation agents and their activities. He oversees internal scheduling and budget duties and coordinates with LACMTA officials on all relocation issues. R.,..Rc---•i�t+. DARRYL ROOT, J.D., MBA, RW/RAC Project Director City of Santa Ana, CA As Project Manager for a segment of the Bristol Street Widening Project, Mr. Root is overseeing the acquisition and relocation of residential owner occupants and tenants on over a dozen parcels. Mr. Root is responsible for supervising relocation and acquisition agents who present offers, review title work, conduct relocation interviews, calculate relocation payments and conduct vacancy inspections. City of La Puente, CA Mr. Root is the Project Manager responsible for the oversight of acquisition and relocation services for eight parcels involving 23 commercial tenants, two single-family residences, a multi- family unit, and one vacant lot. City of San Pablo, CA In his role as Project Manager, Mr. Root oversees the acquisition and relocation of 49 mobile home units at Alvarado Mobile Home Park and the acquisition of 210 mobile home units and a Salvation Army Thrift Store at Circle S Mobile Home Park. City of Pomona, CA As Paragon's Relocation Manager, Mr. Root's duties include overseeing the relocation planning and relocation assistance for the Mission Street/SR71 grade separation project in the City of Pomona. This project includes both full take residential acquisitions and relocations and partial takings. City of Porterville Mr. Root was Project Manager for the Jaye Street Widening Project. He is currently assisting with the relocation of non-profit businesses to make way for a new courthouse in Porterville. City of Compton, CA In his role as Project Manager, Mr. Root is responsible for the oversight of acquisition and relocation assistance services for six business properties. City of Lynwood, CA Mr. Root is Paragon's Project Manager for this redevelopment project located at the intersection of Carlin and Atlantic streets in the City of Lynwood. His duties include oversight of daily acquisition and relocation activities and preparing progress reports for the City of Lynwood. Orange County Transportation Association (OCTA) Mr. Root was the Project Manager for OCTA's Oso Parkway Project. The project involved the widening of the Oso Parkway bridge structure in Orange County. Mr. Root oversaw the determination of rights concerning maintenance of the structure and made recommendations on any necessary acquisition activities. Mr. Root is currently the Project Manager for OCTA's MetroLink project which involves a number of complex acquisitions and relocations. `R.,. .`a�--••J-t+. DARRYL ROOT, J.D., MBA, RW/RAC Project Director City of Fontana, CA Mr. Root is the Project Manager for Paragon on-call services for the Fontana Housing Authority Comprehensive Housing and Economic Development Program. City of Santa Ana Community Redevelopment Agency, CA As Project Manager, Mr. Root oversees property acquisition, relocation, appraisal, and project management services for the Santa Ana Civic Center Walk Project. Alameda Corridor East Construction Authority (ACE) Mr. Root is the relocation quality control manager for various ACE grade separation projects throughout Southern California. His duties include the review of relocation claims and the preparation of documents recommending their payment. He coordinates his duties with the primary relocation contractor to ACE to insure the uniformity and accuracy of all relocation claims. Education • J. D., Washington University School of Law, St. Louis, MO, 1991 • M.B.A., Maryville University, Chesterfield, MO, 1999 • B.A., Political Science and History, Southwest Missouri State University, Springfield, MO, 1988 Licenses • California Real Estate Salesperson License No. 01812661 Professional Affiliations • International Right of Way Association (IRWA)—Certified Relocation Agent • Member, Design Build Institute of America DAVID HUDSON Project Manager David Hudson has seven years of experience providing relocation assistance services. He has personally negotiated and processed over 178 relocation settlement cases during an 18 month period, partially offsetting high dollar operating deficit with Los Angeles World Airports Relocation. Mr. Hudson created and executed full-service relocation plans for multi-family residences and commercial businesses for private developers and public agencies. He has negotiated, facilitated and dispersed $20 million dollars in residential relocation funds for community redevelopment; located, researched and negotiated property acquisitions for public agencies and private developers. M r. Hudson is bilingual in English and Spanish. Representative Experience City of San Pablo • Alvarado Trailer Park Relocation — 38 trailer acquisitions and relocations for revitalization project. • Circle S — Mobile Home community — 210 owner-occupied relocation project in association with community revitalization project. City of San Ramon Twin Creeks Extension Project— performed one acquisition and six relocations. City of Long Beach Long Beach Boulevard Project— performed three acquisitions in a commercial park. Sacramento Housing and Redevelopment Authority River Inn Motel Project— performed 2 to 40 relocations of motel residents. City of Sacramento George's Market—performed one acquisition and one relocation. County of Riverside Eastvale Fire Station/Community Center—City of Norco 1 Residential, 1 Business relocation Los Angeles Unified School District East LA High School #87 & #88, South Region High School #92 — performed 75 residential relocation cases Los Angeles World Airports Voluntary Acquisition and Relocation Program for Manchester Square and Airport/Belford Areas Performed 178 residential relocation cases and 4 business relocation cases Community Housing of North County Solutions Family Center Project— Performed 4 residential relocation cases. North County Transit District Oceanside to Escondido Project— Performed 4 residential relocation cases. `F .�• .f�.�....J�e.. DAVID HUDSON Project Manager City of Carlsbad Madison Street Project— Performed 2 residential cases. South California Housing Development Corporation Santee Project— Performed 44 residential relocation cases. Spring Valley Project Performed 15 residential relocation cases. Education • Bachelor of Arts, Spanish: University of Oregon, Eugene, OR, 1999 Licenses • Real Estate License, California, #01712971 • California Notary Public Professional Affiliations • Member, International Right of Way, Association (IRWA) • Member, Community Redevelopment, Association (CRA) • Member, California Association for Local, Economic Development(CALED) rZ,,e:Rc...,l—�•. ARTURO PEREZ Principal Residential Relocation Agent Mr. Perez has been responsible for managing various projects and client interface. He has been responsible for business, residential homeowner, and tenant relocation cases. His duties include replacement site selection, calculation of benefit payments, coordination with moving companies, inspection of replacement housing sites, and extensive file documentation. Mr. Perez has over five years of diversified relocation experience. He was a Relocation Consultant responsible for nine residential homeowner and tenant cases for the Palmdale Regional Air Project for the Los Angeles World Airports (LAWA). He was also a Relocation Consultant responsible for residential displacements for the East Valley New High School, North Hollywood Elementary School, Ramona New Elementary School, and East Los Angeles High School #2 Projects, as well as commercial cases for the South Region High School #2 Project for the Los Angeles Unified School District. At the City of Burbank, Mr. Perez was a Relocation Consultant responsible for residential tenant cases for the Peyton-Grismer Project. He was also responsible for residential homeowner and tenant cases and a commercial case for the East Side Light Rail Project — Watershed Conservation Authority for the Los Angeles Metropolitan Transit Authority. Mr. Perez speaks and writes fluently in English and Spanish and possesses strengths in problem-solving and conflict resolution. Representative Experience County Sanitation Districts of Los Angeles County — Palmdale Water Reclaimant Plant (PWRP) Project— PWRP 2025 Facilities Plan Provided relocation assistance services for the 12 impacted homes as well as seven parcels of farmland. Los Angeles World Airports, December 2006 to Present Manchester Square/Belford Avenue Project As Deputy Project Manager, Mr. Perez is responsible for supervising relocation agents and managing over two hundred project cases that include tenants, homeowners and businesses. Mr. Perez is also responsible for Quality Assurance for all aspects of the project, including relocation notices and the calculation of Replacement Housing Payments. City of Palmdale,April 2005 to December 2006 Mr. Perez was a Lead Agent responsible for Project Management, case tracking and client interface for 65 residential cases using 104(d) relocation gu idelines. Los Angeles Metropolitan Transportation Authority, January 2005 to December 2006 Mr. Perez was a Lead Agent responsible for Project Management, case tracking and client interface for 26 residential homeowner and tenant cases and 1 commercial case for the East Side Light Rail Project. City of Burbank, June 2004 to December 2006 Mr. Perez was the Lead Agent responsible for Project Management for 71 residential tenant cases for the Peyton-Grismer Project. ARTURO PEREZ Principal Residential Relocation Agent Los Angeles Unified School District,April 2006 to December 2006 Mr. Perez was a Relocation Consultant responsible for 35 commercial cases for the South Region High School#2 Project. City of Irwindale, September 2005 to March 2006 Mr. Perez was a Relocation Consultant responsible for 3 residential tenant cases for the 848 Meridian Street Project. Ventura County, August 2005—March 2006 As the Principal Consultant, Mr. Perez was responsible for 2 residential tenant cases for the Malibu Fire Station Project. Los Angeles World Airports (LAWA), March 2005 to October 2005 Mr. Perez was a Relocation Consultant responsible for 9 residential homeowner and tenant cases for the Palmdale Regional Air Project. Watershed Conservation A uthority, February 2005 to August 2005 Mr. Perez was a Relocation Consultant responsible for 3 residential cases for the East Side Light Rail Project. City of Gardena,June 2005 to October 2005 Mr. Perez was a Relocation Consultant, Mr. Perez was responsible for 9 commercial cases for the Gardena Transit C enter Project. American Communities, October 2004 to May 2005 Mr. Perez was a Relocation Consultant responsible for 8 residential tenant cases for the South Harvard Boulevard Project. AMG Consultants, February 2004—August 2004 As a Relocation Consultant, Mr. Perez was responsible for 7 residential tenant cases for the Jefferson Middle School Project. City of Cudahy, April 2003 to May 2004 Mr. Perez was the Lead Agent responsible for 8 residential homeowner and tenant cases for the Clara/Elizabeth Streets Project. City of Oxnard, October 2003 to December 2004 As the Lead Relocation Agent, Mr. Perez was responsible for 29 mobile home owners and tenant cases for the Rice Avenue Interchange Project. ARTURO PEREZ Principal Residential Relocation Agent SRO Housing, May 2003 to March 2004 As a Relocation Consultant, Mr. Perez was responsible for 21 residential tenant cases for the New Terminal Hotel Project. City of Lynwood, January 2004 to July 2004 As a Relocation Consultant, Mr. Perez was responsible for 5 commercial cases for the New Middle School Project. Los Angeles Unified School District, February 2002 to November 2003 Mr. Perez is a Relocation Consultant responsible for 82 residential displacements for the East Valley New High School, North Hollywood Elementary School, Ramona New Elementary School, and East Los Angeles High School#2 Projects. Education • US Marine Corps Institute—Course in Leadership, M anagement and Personal Finance • Bryman College— Dental Assistant Professional Affiliations and Licenses • California Notary License • IRWA 200— Principles of Real Estate Negotiation • IRWA 501 — Relocation Assistance • IRWA 502— Business Relocation • IRWA 503— Mobile Home Relocation • IRWA 504—Computing Replacement Housing Payments • IRWA 505—Advance Residential Relocation Assistance Member, Community Redevelopment Association (CRA) ` .`R�....l,t.. KONSTANTIN AKHREM QA/QC Manager Konstantin Akhrem has seven years of experience as a Relocation Specialist in Right-of-Way projects and a total of 10 years of experience in the Real Estate field and local housing market in various capacities including real estate sales, residential mortgage financing and property management. Mr. Akhrem is knowledgeable in all aspects of public relocation and he is experienced in implementation of both state and federal relocation regulations under the California Government Code 7260, and Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA). He is familiar with relocation policies procedures of various Public Agencies, including HUD, FAA, Caltrans, and LAUSD. Mr. Akhrem is well versed in California Landlord-Tenant Law, Fair Housing laws, relevant provisions in California Heath & Safety Code and the Los Angeles Rent Stabilization Ordinance. To date, Mr. Akhrem has worked on over 1,400 relocation cases. As Relocation Agent, he has directly provided extensive relocation assistance to displaced persons. As Quality Controller, he has reviewed case files for compliance and completeness (LAX Project). Representative Experience Los Angeles Unified School District As a Senior Relocation Specialist, Mr. Akhrem was assigned under a service contract to the role of full-time in-house Senior Relocation Specialist, managing all aspects of the relocation process as part of several Development Teams in the Facilities Division. He was responsible for implementation of relocation plans, District's policies and procedures under the relocation law and guidelines. He was instrumental in the completion of 10 projects of Phase II in the LAUSD's New Construction Program, which involved 685 residential displacements, and he aided in the initial stages of 6 projects for Phase III (294 owner-occupants). He created and implemented Quality Control standards, reviewed/directed work of outside consulting firms, tracked projects, reviewed/approved eligibilities and claims, and communicated policies and procedures. Mr. Akhrem participated in project progress meetings with various outside consulting firms and Development Team meetings, recommended policy updates, participated in Board of Education meeting for Resolutions of Necessity (eminent domain) and community meetings as necessary. LAX Project, Los Angeles World Airports (LAWA), Manchester Square/Belford Area Project As a Quality Controller/Senior Relocation Consultant, Mr. Akhrem was responsible for determinations of eligibility and entitlement of residential displacees, final review and file documentation of case files to assure compliance with Uniform Relocation Act, FAA and LAWA policies. Assisted LAWA with "corrective action". Prior to responsibilities for Quality Control, he provided direct relocation assistance to 80 households as a Relocati on Consultant. KONSTANTINAKHREM QA/QC Manager Los Angeles Unified School District(LAUSD), New School Sites Construction As a Field Relocation Consultant Mr. Akhrem assisted predominately Spanish speaking displacees with all aspects of permanent displacement and relocation. He worked with approximately 100 residential cases, conducted market and comparability studies, housing inspections, determined eligibility, provided advisory assistance and benefits coordination including claims processing and payments. Burbank Housing Corporation, Peyton-Grismer Project As a Field Relocation Consultant, Mr. Akhrem conducted interviews, provided advisory assistance, and compiled file documentation for 40 households facing temporary and permanent relocati on due to redevelopment. State of California Department of Parks and Recreation, Topanga State Park Expansion As a Field Relocation Consultant, Mr. Akhrem participated in providing relocation assistance to over 70 highly complex and unusual residential cases in a highly political project in Malibu area. Conducted market and comparability studies, made entitlement recommendations, provided advisory assistance, coordinated claim processing. He also provided extensive litigation support to State Attorney General's office, including testimonies at Administrative and Municipal courts. Regents of the University of California (UCLA), Weyburn Project As a Relocation Consultant, Mr. Akhrem completed the small but politically sensitive Weyburn Project, which involved unusual two residential and one business cases. He conducted market and comparability studies, made entitlement recommendations, provided relocation assistance and litigation support, and negotiated the settlement. Housing Authority of the County of Los Angeles (HACoLA)/ Community Development Commission, County of LA, Seismic Retrofit Project As a Relocation Consultant, Mr. Akhrem aided in the rehabilitation project of two apartment buildings in West Hollywood that required temporary relocation of 245 low-income households. The occupants were mostly elderly, disabled, non-English speakers who had to be temporarily relocated to alternative accommodations to allow completion of an approximately one-year rehabilitation in each building. He provided extensive advisory assistance to tenants in several languages, covering numerous relocation options, temporary accommodations, moving and storage, and return of tenants to their original dwellings. He negotiated with landlords and interacted with displacees' relatives, social workers, doctors, service providers, contractors, and other parties to achieve successful results. Mr. Akhrem maintained continuous contact and availability during the temporary displacement period to assist with various issues arising from the temporary displacement. He assisted the occupants with the return relocation to their renovated units and coordinated various property management issues, such as repairs, security, and utilities reconnections. ` .,. .-•.� KONSTANTIN AKHREM QA/QC Manager Education • Ongoing attendance of IRWA classes, seminars, and conferences • Wide variety of training events in residential real estate, fair housing, property management, and real estate lending • BA Business Administration, Cum Laude, Pacific States University, 1991 URA Training • National Highway Institute, Course# 141045C: R eal Estate Acquisition Under the URA • IRWA, URA Update Seminar: Implementing the Regulatory Revisions of 2005, Los Angeles • IRWA, URA Symposium, Anaheim, CA, Nov 7-9, 2005 IRWA Courses • #203—Alternative Dispute Resolutions • #213 —Conflict Management • #506—Advanced Relocation Assistance (Business) • #505—Advanced Relocation Assistance (Residential) • #501 — Relocation Assistance Licenses/Designations • SR/WA Candidate • California Real Estate License (sales) Professional Affiliations • Member, IRWA, Chapter 1 Other Training • California Notary Public (Certificate) • Various IRWA conferences and events (Ongoing) Foreign Languages • Spanish • Russian • Hebrew • Polish 32400 PABEO AOEIXNra MEMBERS OF THF.CRY COUNCIL BAN JUAN CAPISTRANO,CA 92675 HAMALLEVATO t949)493-1171 1, 03AHUNO LAURAFREESE (949)493-1063 FAX ` tttaimtt r�s1 THOMAS W.HRIBAR N=tYti:51tJ7%1H1»rupislYlfltr).trJX; IM MAW NIELSEN t UR LONORES USO NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 6:30 p.m. an Tuesday, April 20, 2010, in the City Council Chamber in City Hall, to consider: "Consideration of Award of Contract for the Preparation of a Comprehensive Update of the Capistrano Terrace Mobilehome Park Relocation Impact Report" — Item No. D12. 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, April 19, 2010, 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 William A. Ramsey, AICP, Principal Planner. You may contact that staff member at (949) 443-6334 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.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(a)sanivancapistrano.org. Maria Morris, CMC City Clerk cc: Rick Julian, Capistrano Terrace Ltd. (park owner); Sally Rather, Capistrano Terrace Mobilehome Park Resident's Association; Jess Lopez, Capistrano Terrace Mobilehome Park Resident's Association; Del Richardson & Associates, Inc.; Epic Land Solutions, Inc.; Paragon Partners Ltd.; Shober Consulting, Inc., Spectrum Land Services Sara.hean Capistrano: Preserving the Past to Enhance the 1--uture 4/20/2010 April 19, 2010 D12 To: Joe Tait, City Manager RECO VED StA. Applty Council even embers 1010 APR I9 P 2 u� William A. Ramsey SAN jUANCi r�gPISTRANO RE: Agenda Item #D12 Consideration of Award of Contract for the Preparation of Comprehensive Update of the Capistrano Terrace Mobilehome Park Relocation Impact Report. Dear Sirs, I am requesting that Agenda Item #D12 be postponed from the consent calendar for the City Council meeting 4-20-10 to assure there is no conflict of interests between the proposed consultant and applicant. The applicant still has not completed the required initial application. Please note this paragraph from the City's park closure ordinance under Section (k) Definitions: 2) Applicant. The person(s), firm(s), entity(ies), or corporation(s) applying for any application for the purpose of converting, changing to another use, closing, or ceasing to use land as a mobilehome park. If the owner of the controlling interest in a mobilehome park is not the applicant, then the applicant must provide evidence of the controlling owner's consent to the filing of the application. In letter to the City from Hart, King and Coldren law firm dated November 22, 2006: "This office represents Capistrano Terrace, Ltd (the "Owner"), which entity is the owner of Capistrano Terrace Mobilehome Park located at 32802 Valle Road, San Juan Capistrano, California 92675 (the "Park"). The Park Owner has determined that it is appropriate at this time to commence the process of closing the Park." and "Please forward all communications respecting this matter to the attention of the undersigned and to the attention of Mr. Richard J. Julian. Mr. Julian is the President of AG03-79, Inc., which entity is the general partner of the Park Owner, Capistrano Terrace,Ltd. " Ikvld��� Paragon Partners cite their major experience with MHP closure for a "client" who wishes to remain anonymous, This client was Sun Cal and Sukut construction was involved., Although Sun Cal has failed, Sukut, SJD Partners ARES are still paired up for many different projects. The prior report was mired in perceived conflicts of interest. If the City does not follow the ordinance's intent and the letter of the law, it could end up bearing liability in partner disputes and bad faith. Mr. Ramsey has done an excellent job in organizing and nailing down the details for the updating of the Relocation Impact Report (RIR). Please do not allow this oversight to mar his efforts. If there is nothing to hide, Rick Julian, Capistrano Terrace Ltd. should be willing to give details of "who" the controlling partners are. These "controlling partners" were often referred to throughout park purchase negotiation. This is not an eleventh hour notice on this issue. I raised this overlooked omission at the City Council meeting several months ago and also with Mr. Apple and City Attorney Omar Sandoval in early 2009. Thank you in advance for your attention to this matter. Sally Garibaldi Rather, President, CTMHOA cc: 8/26/2010 > : y CITY OF SAN JUAN CAPISTRANO CALIFORNIA �enun I1961 • 176 RECEIPT Number: 16540 Project Number MPC07-01 Address 32802 Valle Rd. Applicant Capistrano Terrace Limited (Ri Owner Project Description Capistrano Mobile Home Park FEES PAID 25-00000-45410-80002 RELOCATION IMPACT REPORT 25-00000-45410-80002 69,710.00 Total Fees for Account 25-00000-45410-80002: 69,710.00 TOTAL FEES PAID 69,710.00 DATE PAID: Thursday, August 26, 2010 PAID BY: Capistrano Terrace Limited(Ri PAYMENT METHOD: CHECK 205234 Ent •Name Acct No Invoice Date P.O.Num Reference Amount Discount Net 079 Capistrano Terrace 92300 Relocation) 8/18/2010 Relocation Impact Re 69,710.00 0.00 69,710.00 ¢ t f { ----------------- w Christy Jakl From: Bill McCawley ibmccawley@paragon-partners.com] Sent: Thursday, September 02, 2010 4:40 PM To: Christy Jakl; Ayako Rauterkus Cc: Bill Ramsey Subject: RE: City of San Juan Capistrano -PSA: Relocation Impact Report Attachments: SJC.pdf; E-verify registration.pdf Dear Christy, Please see the attached insurance certificates and the E-Verify certificate for Paragon Partners. Our insurance broker will send the hard copies of the insurance certificates by regular mail. Please mail the fully executed contract to my attention: William McCawley Vice President of Finance and Administration Paragon Partners Ltd. 5762 Bolsa Ave., Suite 201 Huntington Beach, CA 92649 If you have any other contractual or insurance questions, please do not hesitate to contact me. Regards, Bill McCawley Vice President, Finance and Administration (714) 379-3376 ext. 210 -----Original Message----- From: Christy Jakl [mailto:cjakl@sanjuancapistrano.org] Sent: Thursday, September 02, 2010 10:29 AM To: Ayako Rauterkus; Bill McCawley Cc: Bill Ramsey Subject: RE: City of San Juan Capistrano - PSA: Relocation Impact Report Good Morning Mr. McCawley, You may use the language within the contract under section 14.4 for the endorsement. Please mail certificates to City of San Juan Capistrano, Attn: City Clerk, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. We will need the e-verify certificate prior to execution of the agreement. The date of the contract is when Council approved the contract, July 20, 2010. The 15 day period has passed. You may also fax or email the insurance and e-verify information to expedite execution of the agreement. Please let me know if you have any further questions. Kindest Regards, i Christi JAI Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6310 1 (949) 493-3053 fax From: Ayako Rauterkus Sent: Wednesday, September 01, 2010 4:57 PM To: Bill McCawley; Christy Jakl Cc: Bill Ramsey Subject: RE: City of San Juan Capistrano - PSA: Relocation Impact Report Importance: High Mr. McCawley, Thank you for your inquiry regarding the insurance and e-Verify. I am going to defer to our City Clerk's office to answer your questions. Christy, Mr. McCawley is with Paragon Partners and their PSA with the City is currently pending. The City has received the fund from the applicant to move forward on the project. Could you please respond to his questions? The PSA he is referring to in his e-mail below is the standard PSA and the insurance languages are the same as template. Thank you! Ayako Rauterkus Development Services Department arauterkus@sanjuancapistrano.org 32400 Paseo Adelanto San Juan Capistrano, CA 92675 949.443.6325 Fax: 949.661.5451 From: Bill McCawley [mailto:bmccawley@paragon-partners.com] Sent: Wednesday, September 01, 2010 4:50 PM To: Ayako Rauterkus Subject: RE: City of San Juan Capistrano - PSA: Relocation Impact Report Dear Ayako, Darryl Root forwarded your email to me for response. I am the Vice President of Finance and Administration for Paragon Partners Ltd. and I handle all contractual matters for the company. 1 will have our insurance underwriters prepare the insurance certificates without delay; however, I want to make certain that the wording of the Additional Insured Endorsement is correct. Can we use the language as it appears in the Personal Services Agreement that you forwarded to me on 5/13/10? Also, should the mailing address on the certificates include your name or Bill Ramsey's name? Section 9.2 states that Paragon is required to enroll in E-Verify within 15 days of the effective date of the agreement. Are we also required to enroll prior to the execution of the agreement? I just want to make certain that we do not hold up the contract. Thank you for your help. In the future, please refer all contractual and insurance matters directly to me and I will give them my Immediate attention. You can also reach me by phone at(714) 379-3376 ext. 210. 2 Regards, Bill McCawley Vice President, Finance and Administration (714) 379-3376 ext. 210 -----Original Message----- From: Ayako Rauterkus [mailto:ARauterkus@sanjuancapistrano.org] Sent: Monday, August 30, 2010 2:17 PM To: Darryl Root Subject: RE: City of San Juan Capistrano - PSA: Relocation Impact Report It is under the PSA Section 9, as follows: Section 9. Compliance with Law; E-Verify. 9.1. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 9.2. E-Verify. If Consultant is not already enrolled in the U.S. Department of Homeland Security's E- Verify program, Consultant shall enroll in the E-Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Consultant shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E- Verify program can be found at http://www.uscis.goy, or access the registration page at https://www.vis-dhs.com/employerregistration. Consultant shall certify its registration with E- Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. Thank you, Ayako Rauterkus Development Services Department arauterkus@sanjuancapistrano.org 32400 Paseo Adelanto San Juan Capistrano,CA 92675 449.443.6325 Fax: 949.661.5451 From: Darryl Root [mailto:droot@paragon-partners.com] Sent: Monday, August 30, 2010 2:10 PM To: Ayako Rauterkus Subject: RE: City of San Juan Capistrano - PSA: Relocation Impact Report What is the E-verify component you reference below? -----Original Message----- From, Ayako Rauterkus [mailto:ARauterkus@sanjuancapistrano.org] 3 Sent: Monday, August 30, 2010 1:55 PM To: Darryl Root Subject: RE: City of San Juan Capistrano - PSA: Relocation Impact Report Thank you. Also please advise when you will be available. Thank you so much! Ayako Rauterkus Development Services Department arauterkus@sanjuancapistrano.org 32400 Paseo Adelanto San Juan Capistrano, CA 92675 949.443.6325 Fax:949.661.5451 From: Darryl Root [mailto:droot@paragon-partners.com] Sent: Monday, August 30, 2010 1:53 PM To: Ayako Rauterkus Cc: Bill Ramsey; Bill McCawley; Peter Carpenter; Neilia A. LaValle Subject: RE: City of San Juan Capistrano - PSA: Relocation Impact Report Thanks Ayako. We will get the forms and information you need back to you shortly. -----Original Message----- From: Ayako Rauterkus [mailto:ARauterkus@sanjuancapistrano.org] Sent: Monday, August 30, 2010 1:49 PM To: Darryl Root Cc: Bill Ramsey Subject: City of San Juan Capistrano- PSA: Relocation Impact Report Importance: High Good afternoon. I just left you a voice mail. 1 would like to let you know that the applicant for the mobilehome closure deposited the money and the project will move forward. We are still missing the following in order to execute the personal services agreement. • E-Verify • Genera! Liability Insurance • Endorsement Form -showing that the City as a additional insurer • Autolnsurance • Workers Comp Insurance Please submit required information as soon as possible. Also, Bill Ramsey, the project manager would like to schedule a meeting with you later this week, possibly Wednesday or Thursday or early next week. Please let me know your availability. Thank you, Ayako Rauterkus Development Services Department arauterkus@sanjuancapistrano.org 4 Christy Jaki From: Bill Ramsey Sent: Wednesday, August 18, 2010 2:22 PM To: Christy Jakl; Ayako Rauterkus Cc: Grant Taylor Subject: RE: Paragon Partners- Insurance& E-Verify Not yet Christy. We've given them to the end of the month to submit the deposit. Bill Ramsey, AICP Community Development Department (949) 443-63341 x6334 r From: Christy Jakl Sent: Wednesday, August 18, 2010 12:39 PM To: Bill Ramsey; Ayako Rauterkus Cc: Grant Taylor Subject: RE: Paragon Partners - Insurance & E-Verify Good Afternoon, Wanted to follow up with you regarding Paragon's agreement, Have you received the deposit for this agreement? Thank you! ChrisY-� Jakl Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6310 1 (949) 493-1053 fax From: Bill Ramsey Sent: Monday, July 26, 2010 8:31 AM To: Christy Jakl; Ayako Rauterkus Cc: Grant Taylor Subject: RE: Paragon Partners - Insurance & E-Verify Thank you Christy: In addition, prior to fully executing the agreement, the applicant will need to deposit the full contract amount with the Community Development Department. Bill Ramsey, AICP Community Development Department (949) 443-6334 1 x6334 From: Christy Jakl Sent: Monday, July 26, 2010 8:18 AM To: Ayako Rauterkus i Cc: Bill Ramsey Subject: Paragon Partners - Insurance & E-Verify Good Morning, I have the agreement for Paragon Partners. Prior to fully executing the agreement, our office will need to receive all the insurance documents. They also have 15 days from the date the agreement was approved to provide E-verify. Please let me know if you have any questions. Kindest Regards, Christi lakt Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6310 1 (949) 493-1053 fax 2 Christy Jakl From: Christy Jakl Sent: Wednesday, August 18, 2010 12:39 PM To: Bill Ramsey; Ayako Rauterkus Cc: Grant Taylor Subject: RE: Paragon Partners - Insurance & E-Verify Good Afternoon, Wanted to follow up with you regarding Paragon's agreement. Have you received the deposit for this agreement? Thank you! C-) Cht ist� Jakl � �� (k Deputy City Clerk a 1 City of San Juan Capistrano k�D 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6310 1 (949) 493-1053 fax From: Bill Ramsey Sent: Monday, July 26, 2010 8:31 AM To: Christy Jakl; Ayako Rauterkus Cc: Grant Taylor Subject: RE: Paragon Partners - Insurance & E-Verify Thank you Christy: In addition, prior to fully executing the agreement, the applicant will need to deposit the full contract amount with the Community Development Department. Bill Ramsey, AICP Community Development Department (949)443-6334 /x6334 From: Christy Jaki Sent: Monday, July 26, 2010 8:18 AM To: Ayako Rauterkus Cc: Bill Ramsey Subject: Paragon Partners - Insurance & E-Verify Good Morning, I have the agreement for Paragon Partners. Prior to fully executing the agreement, our office will need to receive all the insurance documents. They also have 15 days from the date the agreement was approved to provide E-verify. Please let me know if you have any questions. Kindest Regards, i JMar 32400 PASEO ADELANTO /% ® JMEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 / kf�1SilrtplFl SAM(949)493.1171 1131"111131"1119I LAURA FRE S(949)4931053 FAX THOMAS W.HR I BAR www.sanjuancapistrano.org 1776 MARK NIELSEN • • DR.LONDRES USO TRANSMITTAL TO: Paragon Partners Ltd Attn: Neilia LaValle, President/CEO 5762 Bolsa Avenue, Suite 201 Huntington Beach, CA 92649 DATE: September 3, 2010 FROM: Christy Jakl, Deputy City Clerk (949) 443-6310 RE: Personal Services Agreement — Relocation Impact Report for Mobilehome Park Closure Application file for Capistrano Terrace Mobilehome Park Thank you for providing documentation confirming compliance with the terms of the agreement related to insurance. Please keep in mind this documentation must remain current with our office during the term of this agreement. If you have questions related to insurance requirements, please call me at (949) 443-6310. If you have questions concerning the agreement, please contact William Ramsey, Principal Planner at (949) 443-6334. An original agreement is enclosed for your records. Cc: William Ramsey, Principal Planner; Ayako Rauterkus, Management Analyst San Juan Capistrano: Preserving the Past to Enhance the Future j, Panted on 1W%recycled paper