HomeMy WebLinkAboutCDC/2004-48
RESOLUTION NO. CDC/2004-48
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A RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING
AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
("AGENCY") TO EXECUTE THE PROFESSIONAL SERVICES
AGREEMENT BY AND BETWEEN COTTON/BRIDGES/ASSOCIATES
("CONSULTANT") AND THE AGENCY
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WHEREAS, the Agency has a need to retain Consultant to prepare the Analysis of
Impediments to Fair Housing Choice and Five Year (5) Consolidated Plan (2005-2010).
WHEREAS, the Department of Housing and Urban Development (HUD) require an
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local government receiving Federal grant monies to submit a Consolidated Plan document and
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Analysis of Impediments to Fair Housing Choice document every five (5) years; and
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WHEREAS, Consultant has been determined to possess the necessary
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qualifications to carry out the functions described in the Professional Services Agreement; and
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WHEREAS, the Agency desires to retain the services of Consultant and the Consultan
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desires to provide such necessary services as set forth herein.
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THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN
BERNARDINO DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
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The Executive Director or designee is hereby authorized and directed t
Section 1.
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execute on behalf of the Agency the Professional Services Agreement by and between Cotto
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Bridges/ Associates ("Consultant") and the Agency to provide assistance to the Agency t
include, but not be limited to the following: preparation of Five (5) Year Consolidated Plan an
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Analysis of Impediments To Fair Housing Choice incorporating all the requirements of Federa
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regulations (24 CFR parts 91) and 24 CFR 570.904@ (1) as it relates to both documents.
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CDC/2004-48
2 Section 2. The Executive Director of the Agency or designee is hereby authorized t
3 make minor corrections, additions, and clarifications to the Agreement, provided said change
4 are approved by Agency Counsel and are not substantive in nature and do not increase th
5 monetary impact to the Agency.
6 Section 3.
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The Resolution shall become effective immediately upon its adoption.
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CDC/2004-48
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A RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING
AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
("AGENCY") TO EXECUTE THE PROFESSIONAL SERVICES
AGREEMENT BY AND BETWEEN COTTON/BRIDGES/ASSOCIATES
("CONSULTANT") AND THE AGENCY
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Communit
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Development Commission of the City of San Bernardino at a j t. reg. meeting thereof, held
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on the 6th
day of December
, 2004, by the following vote to wit:
Absent
9 Commission Members: Aves Navs
ESTRADA X
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LONGVILLE --.1L..
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MCGINNIS X
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DERRY X
13 KELLEY X
14 JOHNSON --.1L..
15 MC CAMMACK --.1L..
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Abstain
{/?; cfZ:t/
17 Secretary /
18 The foregoing resolution is hereby approved this 9n-l day of December ,2004.
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Legal Content:
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By:
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CDC/2004-48
AGREEMENT FOR PROFESSIONAL SERVICES
Agreement Number EDA
THIS AGREEMENT made and entered into this 6th day of December 2004, by the
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, a public agency,
("Agency"), and Cotton/Bridges/Associates, a Division ofP & D Consultants, Inc. ("Consultant"):
RECITAL
1. PURPOSE
The purpose of this Agreement is to allow the Agency to procure the service of an
experienced professional firm to prepare a Five-Year Consolidated Plan and Analysis of
Impediments to Fair Housing Choice plan.
TERMS AND CONDITIONS
2. MISSION
Agency hereby retains Consultant in the capacity as Consultant for provision of services
described in Exhibit "A-I" and Exhibit "A-2". Consultant hereby accepts such
responsibilities as described herein.
3. TERMS
This Agreement shall commence as of the day and year first above shown and shall remain in
full force and effect until August 30, 2005, unless terminated sooner as provided herein.
4. CONSULTANT RESPONSIBILITIES
Upon the request of the Executive Director of the Agency ("Executive Director") or
designee, Consultant shall complete the work program described in accordance with Exhibit
"A-I" and Exhibit "A-2" and the corresponding proposals to prepare a Five-Year
Consolidated Plan and Analysis of Impediments to Fair Housing Choice. Consultant
commits the principal personnel listed below to the project for its duration:
Consultant: Veronica Tam, Principal
5. REPLACEMENT OF NAME PERSONNEL
It has been determined that the individual( s) named in this Agreement is ( are) necessary for
the successful performance of this Agreement. No diversion or replacement of this (these)
individual(s) shall be made by Consultant without written consent ofthe Executive Director
or designee.
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6. RELEASE OF NEWS INFORMATION
No news release, including photographs, public announcements or confirmation of same, of
any part of the subject matter of this Agreement or any phase of any program hereunder shall
be made without prior written approval of the Executive Director or designee.
7. CONFIDENTIALITY OF REPORTS
Consultant shall keep confidential all reports, information and data received, prepared or
assembled pursuant to performance hereunder and that Agency designates as confidential.
Such information shall not be made available to any person, firm, corporation, or entity
without the prior written consent of the Executive Director of the Agency.
8. COMPENSATION
During the term of this Agreement, Agency shall pay Consultant on a monthly basis. Said
compensation shall be considered full and complete reimbursement for all Consultant's costs
associated with the services provided hereunder. The maximum compensation for services,
including all Consultant's costs, under the terms ofthis Agreement, shall not exceed SIXTY
NINE THOUSAND SEVEN HUNDRED TEN DOLLARS ($69,710).
Consultant shall be paid on a monthly basis based on the percentage completion of each task
.Consultant shall be paid in accordance with Agency's standard accounts payable system.
Invoices shall be approved by the Executive Director of the Agency or designee.
9. AGENCY SUPPORT
Agency shall provide Consultant with any plans, publications, reports, statistics, records
or other data or information pertinent to the services to be provided hereunder which are
reasonably available to Agency.
10. INDEPENDENT CONTRACTOR
Consultant shall perform the services as contained herein as an independent contractor and
shall not be considered an employee of Agency. This Agreement is by and between
consultant and Agency, and is not intended, and shall not be construed, to create the
relationship of agent, servant, employee, partnership, joint venture, or association, between
Agency and Consultant.
11. CONFLICT OF INTEREST
Consultant agrees for the term of this Agreement not to enter into any agreement that will
inure to the detriment of the City of San Bernardino or the Agency.
12. SUCCESSOR AND ASSIGNMENT
The services as contained herein are to be rendered by Consultant whose name is as appears
first above written and said Consultant shall not assign nor transfer any interest in this
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Agreement without the prior written consent of Agency.
13. INDEMNIFICATION
Consultant agrees to indemnify and hold harmless the agency, officers and employees from
and against any and all liability, claims for damages, and expenses including, but not limited
to, environmental claims, bodily injury, death, personal injury or property damage and
reasonable attorney's fees to the extent of fault attributable to Consultant relative to its
services performed by or on behalf of Consultant pursuant to this Agreement. The costs,
salary, and expenses of the City Attorney and members of his office in enforcing this
Agreement on behalf ofthe Agency shall be considered as "attorney's fees" for the purpose
ofthis paragraph. Consultant further agrees to defend the Agency, its officers and employees
in and from all lawsuits, litigation, claims, governmental investigations, declaratory relief
actions, administrative hearings, mediations, arbitrations, appeals and related proceedings
arising from bodily injury, death personal injury, or property damage relative to its services
under this Agreement, and all claims connected with the services performed by or on behalf
of Consultant pursuant to this Agreement.
14. INSURANCE
Without limiting Consultant's indemnification of Agency, Consultant shall provide and
maintain at its own expense during the term ofthis Agreement insurance policies meeting the
minimum requirements set forth herein.
All insurance maintained by the Consultant shall be provided by insurers satisfactory to the
Agency. Certificates evidencing all insurance coverage required herein shall be delivered to
the Agency prior to the Consultant performing any of the services under this Agreement. All
insurance certificates required herein shall name the Agency as an additional insured and
provide for thirty (30) days written notice to the Agency prior to cancellation of or material
change to any insurance policy of the Consultant.
A. Comprehensive General Liability and Automobile Insurance
The Consultant shall maintain comprehensive general liability and automobile
liability insurance with a combined single limit of not less than One Million Dollars
($1,000,000.00) per occurrence.
B. Worker's Compensation Insurance
The Consultant shall maintain worker's compensation insurance in accordance with
the laws of the State of California for all workers employed by the Consultant. All
policies, with respect to the insurance coverage required above, shall contain
additional insured endorsements naming the Agency, and their officers, agents,
employees, and volunteers as additional name insured, with respect to liabilities
arising out of the performance of Scope of Work hereunder.
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15. JUDICIAL PROCEEDINGS AND ATTORNEY'S FEES
Any such action or proceeding must be commenced in the Superior Court for the County of
San Bernardino, San Bernardino District, State of California.
16. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, national origin, creed, religion,
sex, marital status, or physical handicap.
17. SEVERABILITY
In the event that any provision herein contained is held to be invalid, void or illegal by any
court of competent jurisdiction, the same shall be deemed severable from the remainder of
this Agreement and shall in no way affect, impair or invalidate any other provision contained
herein. If any such provision shall be deemed invalid due to its scope or breadth, such
provision shall be deemed valid to the extent of the scope or breadth permitted by law.
18. INTERPRETATION
No provision of this Agreement is to be interpreted for or against either party because that
party or that party's legal representative drafted such provision, but this Agreement is to be
construed as if it were drafted by both parties hereto.
19. ENTIRE AGREEMENT
This Agreement supersedes any and all other agreements, either oral or in writing, between
the parties hereto with respect to the retention of Consultant by Agency and contains all the
covenants and agreements between the parties with respect to such retention.
20. WAIVER
No breach of any provision hereof can be waived unless in writing. Waiver of anyone
breach of any provision shall not be deemed to be a waiver of any other breach of the same or
any other provision hereof.
21. CONTRACT EVALUATION AND REVIEW
The ongoing assessment and monitoring of this Agreement is the responsibility of the
Executive Director or designee.
22. TERMINATION
This Agreement may be terminated by either party upon ten (10) days prior written notice to
the other party or upon the mutual written agreement of both parties. In the event of
termination, Consultant shall stop work immediately and shall be entitled to compensation
for services rendered to the date of termination.
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23. NOTICE
Notices, herein shall be presented in person or by certified or registered U.S. mail, as
follows:
To Consultant:
Laura Stetson, Associate Vice-President
CottonIBridges/ Associates
800 East Colorado Boulevard, Suite 270
Pasadena, California 91101
To Agency:
Deputy Director
Redevelopment Agency
of the City of San Bernardino
201 North "E" Street, Suite 301
San Bernardino, California 92401-1507
Nothing in this paragraph shall be construed to prevent the giving of notice by personal
servIce.
24. ENTIRE AGREEMENT
This Agreement with attachments constitutes the entire understanding and agreement ofthe
parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
the day and year first above shown.
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
LAURA STETSON, ASSOCIATE
VICE PRESIDENT
COTTON/BRIDGES/ ASSOCIATES
CONSULTANT
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By: ffu.uv. ~
Laura Stetson, Associate
Vice-President
/j
sdel, Executive Director
By.
'to content and legal form:
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Scope of Work
Consolidated Plan
"Exhibit A-I"
We understand the Oty of San Bernardino anticipates receIVIng approximately $4,271,000 in
CDBG funds, $1,713,000 in HOME funds, $158,600 in ESG funds, and $80,000 in ADDI funds from
HUD. The Consolidated Plan must address the priorities for using these funds. The following scope
of work for the Five-Year Consolidated Plan is consistent with HUD regulations and the Guidelines
for Preparing a Consolidated Plan.
1. Public Participation Process
An effective community participation approach is necessary to develop a Consolidated Plan that
adequately reflects the needs of the community.
Community Meetings (2)
Given the tight timeframe, CBA recommend conducting two meetings before the Citizens Advisory
Committee to solicit input from residents, stakeholders, and Committee members. Our budget for
these meetings includes preparation of presentation materials and attendance. Publication of public
notices and mailing of invitations to interested parties is not included in our budget
Interviews with Service Providers
To develop the Housing and Community Developmeht Needs 'Assessment, CBA will interview key
service providers to obtain information on needs, trends, and gaps in services. CBA will work with
the City to compile a list of service providers to interview.
Public Hearing (1)
CBA will attend one public hearing before the City Council to discuss the Consolidated Plan.
2. Draft Consolidated plan
Housing and Community Development Needs Assessment
The Housing and Community Development Needs Assessment provides input for HUD
Consolidated Plan tables. In the past, HUD required iuri~dictioris< fo estimate all unmet needs' and
the funding levels needed to address unmet needs. This~'appro~ch, however, led to astronomical
estimates of funding to address the unmet needs and created a false impression that either such
levels of funding would be available or the jurjsdiction~wasnon~r?erforming. Therefore, in our most
recent Consolidated Plans, we have taken .1' differi:~'nf appf~ach an d reflected only the funding
potentially available from the CDBG and related prqgrams ''Over a five-year period. Allocation of
funding is based on results of the hOl/sing and community development needs assessment and
priorities established with consultation with staff. Per~unit costs are developed based on
accomplishments reported in prior CAPERs. This approach has been found acceptable to HUD,
Housing Market and Socioeconomic Conditions: The Consolidated Plan should provide statistical
and a~cllytical information to support the planning process. Information concerning housing needs,
the homeless population, market conditions, and barriers. to housing. resources and opportunities
will be included. Important components in this section of the Consolidated Plan include:
· Household Needs: This section will provide an assessment of the City's needs in terms of
the availability, affordability, adequacy, and accessibility of housing. Discussions will include
the support services and housing assistance needs of extremely row, low, and moderate
income households by tenure, as well as special needs groups such as elderly persons, large
families, overcrowded households, households overpaying for housing, and persons with
disabilities, including persons with H1VlAIDS. Data sources may include, but are not limited
to: HUD's CHAS data, 2000 Census, Bl.ceau of labor Statistics, and the State Employment
Development Department employment l~stimates. Data collected in this section will provide
input for Consolidated Plan Table lB.
· Homeless Needs: This section will present the nature and extent of homelessness and an
estimate of the special needs of sheltered and u.nsheltered families and persons who are
homeless or threatened with hamelessness. 'This'wiU.indude an inventory of facilities and
services that meet the emergency' shelter"ana.'tra~sitional 'housing needs of homeless
persons. Data will be derived from local/regional estimates;, the County's Continuum of
Care Strategy, and other local sources of information: The Continuum of Care Strategy Gap
Analysis will provide input for Consolidated Plan Table 1A and Table 1C.
· Housing Market Conditions: Various data sources will be used to evaluate the affordabilitY,
availability and adequacy of the housing inventory. Data sources may include: Census data.
Data Quick residential sales data, interviews with housing staff, and others. The section will
also include an inventory of assisted housing and identify the assisted units that are at risk of
converting to market rate housing. The number of 'housing units occupied by lower income
households that may contain lead.based painthaz:lrds 'will be estimated based on C! '.\';
data. The County Department of Health 5e,vkeiswi/r be contacted to obtain lead-poisorillli~
records and housing rehabilitation speciarsts will be consulted on abatement strategies.
. Analysis of Public Housing and Section 8 Assistlnce:CBA will coordinate with the San
Bernardino Housing Authority to discuss initiatWes' arid programs.
· Assisted Housing In\tentory and At-Risk 'Hou$ing:)::IfA.1winiNork with City staff to update
the inventory of assisted housing cori"tai'ne(fcfri:JtIiE("Flousing'Element and provide a
discussion on the at-risk status of hOUSIng p,mlebs!~-HOD's'monthly updated nationwide
database of expiring Section 8 contracts', 'ai:i-isJ(' hbusing database maintained by the
California Housing Partnership, and other local sources of information will be consulted.
. lead-Based Paint (lOP) Hazards: This section will estimate the number of housing units
occupied by lower income households that may contain lBP hazards. Census and CHAS
data will be used to evaluate the proportions ofpre-1978 housing and proportion of lower
and moderate income households in San Bernardino. The County Health Services
Department will be contacted to obtain lead-pdisonir.i"87ecords and abatement strategies.
The Strategic Plan will contain the following components:.
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. Resources for Housing and Community Development
. Housing and Community Development Priorities and Objectives
. Anti-Poverty Strategy
. Lead-Based Paint Reduction Strategy
. Fair Housing Strategic Plan
. Institutional Structure and Coordination
Preliminary and Public Review Draft Consolidatedpfan
CBA will prepare a Preliminary Draft Consolidated Plan for staff review. Comments from staff will be
incorporated to prepare a Public Review Draft Plan for 3D-day review.
Final Consolidated Plan
Based on comments received from the public, City staff, and the City Council, CBA will revise the
Draft Plan to formulate a Final Consolidated Plan for subniission to HUD.
Products
CBA will provide the following products:
. Screendraft Consolidated Plan (five copies)
. Draft Consolidated Plan (1 5 copies, one reproducible)
. Final Consolidated Plan (15 copies, one reproducible)
Project Schedule
The following schedule is designed to complete the Consolidated Plan within the established
timeframe set forth by HUD. Given the tight timeframe, CBA recommends the following schedule:
Task
Contract Initiation
Interviews with Service Providers
Community Meetings (2)
Staff Review Draft Consolidated Plan
Revised Draft Consolidated Plan
Public Review Begins
Public Hearing for Consideration
Submission to HUD
Sc~~tl~le.
December'4: 2004
January.lOOS
January/February 2005
March 9, 2005
March 24, 2005
;S)
to,~r6bi~.]~;@005
Mlioilo05 .
>. "
No. later than May 16, 2005
. Barriers to Affordable Housing: The existing Consolidated Plan, Housing Element, and ;\1
. \viii be reviewed, and staff will be consulted to identify private market conditions, publll.:
policies and practices that constitute barriers to affordable housing development.
. Fair Housing Impediments: This section will summarize the findings of the Analysis of
Impediments to Fair Housing also to be prepared by CBA.
Community Development Needs: This section of Jhe ,Plan will describe the eligible community
development needs for public facilities and services, publicjinfrastructure improvements (including
the transportation system), accessibility improvements~economic development activ,ities, and other
community development needs. Results of thi; analysis will provide input for Consolidated Plan
Table 28 and Table 2C.
CBA will review with City staff to estimate the need forcornmumty development needs for the next
five years, potential allocation of funding, and anticipated level of accomplishments. Areas to
address include:
. Community Facilities and Services - CBA will interview key service providers to
determine unmet social service and public facility needs.
. Infrastructure Improvements -Infrastructure improvement needs will be assessed based
on consultation with the Public Works Departments and capital improvement programs.
. Accessibility Needs - CBA will interview Public Works staff regarding progress in
improving public and community.facilitieS'loi'lneet, the requirements of the American
with Disabilities Act (ADA). The ADA Transition ,Plan deficiencies and progress toward
rehabilitation will be incorporated;
. Economic Development - Economic development needs will be evaluated based on
current employment data provided by the Bureau of Labor Statistics, existing stu<F
current economic trends, as well asinterVieW'sWith'staff.Redevelopment strategies ami
efforts will be incorporated.
Housing alld Community Development Strategic Plan
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The Five-Year Strategic Plan is the fundamental component of the Consolidated Plan, linking the
identified needs and resources in a coordinated housing and community development strategy. The
Community Participation efforts, interviews with staff and service agencies, combined with the
results of the Needs Assessment, will provide input into developing the priorities and objectives.
. Community Facilities and Services
· Infrastructure
. Special Needs Services
. Businesses and Jobs
. Housing
Analysis to Impediments to Fair Housing Choice
"Exhibit A-2"
2. WORK PLAN
Our proposed scope of work responds to tasks outlined in
the Request for Proposal and is in accordance with guidelines
for preparing Analysis of Impediments in the "fair Housing
Planning Guide" prepared by the Department of Housing
and Urban Development.
Task 1: Community Profile
The City of San Bernardino has experienced significant changes to its economy and local housing
market which have impacted housing opportunity. To understand this context, the first task is to
provide a community profile that analyzes demographic, economic, and housing characteristics in
order to assess the fair housing needs of residents. Information for this task will be derived from the
U.S. Census, City housing condition studies, Consolidated Plan, Housing Element, Zoning
Ordinance, and other studies. Specifically, the Community Profile will contain the following:
A. Demographic Characteristics. CBA will analyze demographic characteristics of residents to
understand changes to the population and the impact upon corresponding housing needs.
Demographic factors analyzed will include, but not be limited to, the following: populatiol
growth, race and ethnic change, age, disability, and familial status. CBA will also examine
changes in the type and composition of households and its impact upon household size.
B. Economic Characteristics. CBA will analyze the income distribution of residents, evaluate
income differences and poverty levels among race/ethnic and special needs groups, and
identify and analyze the concentration of residents by race/ethnicity and low and moder<1te
income. CBA will also examine the major occupations held by residents, major emplo/
and industries in the City, and the impact upon household income and housing needs.
C. Housing Profile. CBA will analyze housing data to evaluate the range of available housing.
CBA will examine housing type, tenure, vacancy, age of housing, ownership and rt'ntal
housing costs, and housing condition. We will also analyze the prevalence of overpayment
and overcrowding. Housing units occupied by lower income households that may contain
lead-based paint hazards will be estimated based on 2000 CHAS data. Finally, CBA will
summarize the number, type, and location of publicly-assisted housing.
D. Special Housing Needs. Certain residents have more difficulty finding decent and affordable
housing or receiving fair housing treatment due to their employment, income or source of
income, family type, disability, or other characteristics. CBA will analyze special needs
groups in San Bernardino, including seniors, people with disabilities, single parents, large
families, homeless people, and others. CBA will also contact local groups and agencies
which represent special interests to obtain information on special needs groups.
E. Mapping of Planning Data. CBA will use geographic information system (GIS) software to
evaluate geographic relationships among demographic, economic, and housing variables
identified in the tasks above to identify the spatial relationships among these variables.
Where potential impediments are identified through the mapping process, we will conduct
Cotton/B ridges/Associates
999752.0536
2-1
City of San Bernardino
AI to Fair Housing Choice
further mapping/analysis to determine whether such characteristics are a result of fair
housing impediments or factors of choice. The following maps will be provided:
1) Race/ethnic concentrations in the city by block group
2) Low-Moderate income concentrations by block group
3) Race/ethnic concentrations in relation to low-mod areas and affordable housing
Task 2: Analysis of Public Policies
CBA will evaluate a range of public policies which may impact fair housing within San Bernardino.
Public policies include, but are not limited to, the following: land use, residential development,
assisted housing, municipal services, and transit planning. Information for this analysis will be
derived from the City's General Plan, Housing Element, Consolidated Plan, Zoning Ordinance,
Redevelopment Implementation Plans, Omni-Trans Short-Range Transit Plan, Public Housing
Agency Plan, and other documents. Issues to be discussed are as follows:
A. land Use Policies. CBA will examine land use policies in the City's General Plan, Housing
Element, and Zoning Ordinance. Specifically, CBA will research the siting and maintenance
of group homes, homeless shelters, manufactured housing, mobilehomes, multiple-family
housing, second units, senior housing, and supported living facilities for compliance with
state and federal fair housing law. CBA will also map the location of certain housing types in
relation to areas with low and moderate income and race/ethnic concentrations.
B. Development Policy. CBA will analyze public policies affecting residential development.
These include development standards, fees and exactions, building and other health and
safety codes, community representation on boards deciding on housing issues, permit
processing procedures and requirements, as well as other select factors. Since the last AI
was completed, changes to State legislation (e.g., SB520 and AB 1866, etc.) and federal
legislation have impacted fair housing planning for people with disabilities. CBA will analYf{,
the City's Zoning Ordinance and Municipal Code in light of new state and federal laws.
C. Service Provision. An important yet indirect aspect of fair housing is the equal provision of
municipal or public services to neighborhoods within a community. To ensure fair housing
opportunity, neighborhoods of different income levels and race/ethnic groups should have
reasonable access to the same quality or extent of public services and facilities. CBA will
review the general distribution of select municipal services and their location in relation to
areas with race/ethnic concentrations and low/moderate income concentrations. CBA will
also document ways in which the City is improving underserved neighborhoods through its
Redevelopment Implementation Plans, Enterprise Zones, and other focused efforts.
D. Patterns of Occupancy in Assisted Housing. CBA will contact the Housing Authority and
other organizations to obtain, analyze, and evaluate the following data with respect to fair
housing opportunity:
. Tenant application, selection, and assignment policies of Section 8 programs
. Race/ethnicity, disability, familial status (incl. concentrations) of Section 8 tenants
. Consistency of Housing Authority policies and federal/state/local housing guidelines
. Location of other HUD-assisted or HUD-insured housing projects
. Non-compliance with one or more civil laws or regulations and initiated corrective
actions by HUD-assisted or HUD-insured housing providers
. Distribution of housing rights brochures to participants in assisted housing programs
Cotton/B ridges/Associates
999752.0536
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City of San Bernardino
AI to Fair Housing Choice
CBA will also contact the Housing Authority to determine the following: 1) specific steps the
Housing Authority undertakes to promote housing choices for voucher holders; 2) practices
the Housing Authority implements to encourage voucher holders to look for housing in
neighborhoods not traditionally occupied by such holders; 3) specific efforts the Housing
Authority undertakes to desegregate public housing developments; and 4) policies the
Housing Authority maintains regarding the admittance of persons with disabilities.
E. Transit Services. Public transit plays an important role in equalizing access to important
municipal services, particularly in a community the size of San Bernardino. CBA will review
planning, financing, and administrative actions related to the siting of public transportation
that may inhibit or concentrate affordable housing opportunities for people with disabilities.
CBA will evaluate transit alternatives available for residents and persons with special needs
to access the types of services in the community. Should impediments be found, CBA will
identify and provide reasonable measures to remove such impediments.
F. Mapping of Planning Data: CBA will use geographic
information system (GIS) software to evaluate
geographic relationships among demographic, income,
housing, and service variables identified in the tasks
above to identify potential impediments to housing
choice. Where potential impediments are identified
through the mapping process, we will conduct further
mapping/analysis to determine whether such
characteristics are a result of fair housing impediments or
factors of choice. The following maps will be provided:
1) Location of public facilities in relation to neighborhoods with low-moderate income
concentrations and minority concentration areas
2) Transit routes to major employment centers and accessibility (defined as 1/4 mile or
other defined radius from transit route to a major employer)
3) Transit accessibility to major social services (e.g., whether transit serves the City's major
parks, health care facilities, post offices, fire stations, community centers, etc.)
4) Transit accessibility to areas with minority or low income concentrations as defined by
the City of San Bernardino and federal guidelines
Task 3: Analysis of Private Actions
This task involves an evaluation and analysis of the City's fair housing status arising from factors in
the private sector, including landlords, financial institutions, residents, and the court system. This
section addresses how residents are being treated in the rental, sale, occupancy, or financing of
housing. Information for this task will be derived from the Home Mortgage Disclosure database,
rental housing complaints filed with the City's fair housing provider, Department of Fair Employment
and Housing, Department of Housing and Urban Development, and the Department of Justice.
Specific components of the section will include the following subtasks.
A. Potential Impediments in the Ownership Market. Homeownership is a complex process
and discriminatory practices can occur in advertising, lending, appraisals, offering, sale, and
even the issuance of insurance. CBA maintains the HMDA data to evaluate lending trends
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and potential impediments to access financing. Using various statistical techniques and tests,
CBA will examine lending patterns in San Bernardino for government-backed and private
loans for home purchase, improvement, and refinancing. Specific analysis will include:
. Loan approval and denial rates by applicant characteristics, such as race/ethnicity,
income level, and other characteristics
. Loan approval and denial rates by tract characteristics, including race/ethnic
composition and income level
. Approvals and denials of insurance on an MSA basis from MICA data
. Performance of individual lenders compiled from the Federal Reserve Board, Federal
Financial Institutions Examination Council, Federal Deposit Insurance Corporation,
and Office of the Comptroller of the Currency
Based on this data, CBA will provide actions which can be implemented by the City and
other organizations to overcome impediments in lending practices.
B. Description of Fair Housing Complaints. CBA will collect and analyze fair housing
discrimination complaints and hate crimes filed with the Department of Fair Employment
and Housing, fair housing provider, Department of Housing and Urban Development,
Department of Justice, and other public agencies. Such information is useful for measuring
progress in reducing discrimination, targeting appropriate education and outreach programs
residents, apartment owners, and landlords, and focusing testing in the City. Items include:
. Type and nature of fair housing discrimination complaints
. Number of hate crimes occurring in San Bernardino over the past five years
. Complaints or compliance reviews where HUD issued a charge of discrimination
. Fair housing discrimination suit(s) filed by the Department of Justice
. Fair housing complaints filed with the Department of Fair Employment and Housing
. Results of testing/case studies of incidents/problems of discrimination, including
hate crimes, land use practices, occupancy standards, and advertising
. Results of Fair Housing Initiative Program Grants
CBA will also document whether HUD has placed CDBG contract conditions on the City, or
whether the records show a failure of the City to comply with its fair housing certification.
C. Fair Housing Services. CBA will describe the range of services provided to the City under its
current fair housing contract with Inland Fair Housing and Mediation Board, services
provided by the Department of Fair Employment and Housing, and other entities which
serve the City of San Bernardino. Also provided will be a discussion of the
recommendations made in the 2000 AI and how City efforts have addressed those
concerns, either through the fair housing provider, City-initiated action, or joint partnerships
or advocacy with other public or private institutions.
D. Community Involvement. This section will summarize the comments received from the
public participation process described in the following section. Specifically, CBA will
interview key stakeholders and conduct a consultation workshop before the Community
Development Citizens Advisory Committee. CBA will receive comments from participants at
meetings and letters from interested parties. CBA will incorporate this information as
needed. CBA will also receive comments during the public hearing process.
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Task 4: Public Participation Plan
The HUD AI guidelines stress the importance of public participation in developing the fair housing
assessment, and suggest jurisdictions follow the citizen participation and consultation procedures
identified in the consolidated plan regulations. The consolidated plan regulations require a minimum
of two public hearings/meetings, one during the plan development stage and the second for the
review of the draft plan. The AI guidelines also stress consultation with and involvement of the
following groups in development of the assessment:
. Fair housing organizations
. Advocacy groups for special needs households
. Affordable housing providers
. Banks and other financial institutions
. Educational institutions
The City has a standing Community Development Citizens Advisory Committee (CDCAC)
responsible for participation in the Consolidated Plan process, including the Analysis of
Impediments to Fair Housing. In keeping with HUD requirements and in light of the City's
expedited timeframe for the AI, we recommend holding one consultation meeting before the
CDCAC to solicit public participation. The purpose of the meeting will be to gather input and
direction on issues affecting fair housing in San Bernardino. CBA would make the presentation,
provide presentation materials, take notes, and provide a written summary for inclusion in the AI.
We assume that the City will make arrangements for the meeting and invite the above participants.
Task 5: Draft AI and Fair Housing Plan
In order to develop an effective and meaningful Fair Housing Plan, CBA will evaluate the
accomplishments made to further fair housing since the last AI was prepared. CBA will review the
prior San Bernardino AI to identify conditions and impediments that may no longer be relevant, llId')'
have been partially mitigated, may not have been adequately addressed, or may be of increased
concern. Based on the findings from earlier tasks, CBA will prepare a draft AI that follows the
suggested format in the Fair Housing Planning Guide. CBA will draft a series of recommendations in
the Fair Housing Plan. CBA will work closely with city staff to develop practical recommendations
that can be implemented given the City's available financial, staffing, and other resources.
Task 6: Final AI and Fair Housing Plan
CBA will attend one public hearing before the City Councilor other decision-making body as
deemed appropriate by the City. CBA will make one presentation and be available for questions
and comments. Final comments from the public hearing will be incorporated into the final report.
Task 7: HUD Meetings (Optional)
CBA will be available to attend meetings with staff from the Department of Housing and Urban
Development regarding the AI as requested. Typically, the majority of Als do not require such
consultations. CBA will also provide needed support services for any questions that HUD may
have. However, should such meetings be necessary, CBA will attend and participate at HUD
meetings to be billed on a time and materials cost above the flat rate in our cost proposal.
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3. COST PROPOSAL.
The following presents our cost proposal and deliverables for the
Analysis of Impediments of Fair Housing.
Costs
Based on our prior experience preparing Als and careful review of the new guidelines, we estimate
the cost to prepare a comprehensive update of the San Bernardino AI at $39,710. Additional
services desired, including public meetings, can be billed on a time and material basis above the
stated contract amount. CBA submits bills on a monthly basis, with the amount payable each
month determined on the percentage (partial) completion of each task.
Cost Proposal to Update the City's
Analysis of Impediments to Fair Housing Choice
Staff Person: Principal Mngr Plnrs GISIT ech WP Total
Task Hourly Rate: 165 $135 $80 $65 $55 Cost
--
1 Community Profile 2 8 50 16 0 $6,200
2 Analysis of Public Policies 2 12 50 16 0 $6,740
3 Analysis of Private Actions 2 12 50 4 0 $5,960
---
4 Fair Housing Status 2 12 50 0 0 $5,700
--
5 Public Participation 0 12 20 0 0 $3,220
6 Draft AI/Fair Housing Plan 6 8 20 0 4 $3,790
7 Final AI/Fair Housing Plan 2 16 24 0 4 $4,630
Staff Meetings (3) 0 12 0 0 0 $1,620
Reproduction, Travel, Phone $750
Total $39,710
Oeliverables
Final products include an Administrative Draft AI for staff review (5 bound copy and one loose
copy), a Public Review Draft (5 reproducible copy), a final AI (10 bound copies and one loose
copy), and final document on CD/ROMs formatted to Microsoft Windows 98 or higher.
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