HomeMy WebLinkAboutR34-Economic Development
CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
ORIGINAL
FROM: Emil A. Marzullo
Interim Executive Director
SUBJECT:
Authorization of payments from HOME Funds
for an agreement of the City of San Bernardino
with The Planning Center for consultant
services to update the General Plan Housing
Element
DATE: March 30, 2009
Synopsis of Previous Commission/Council/Committee Action(s):
On May 19, 2008, the Mayor and Common Council of the City of San Bernardino approved an Agreement by and between the
City of San Bernardino and the Planning Center for consultant services related to updating the City's General Plan Housing
Element.
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Recommended Motion(s):
(Mavor and Common Council)
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the payment of certain
contract amounts through the Redevelopment Agency of the City of San Bernardino from HOME Funds
(Community Develooment Commission)
MOTION: That the Community Development Commission of the City of San Bernardino concur in the actions taken by the
Mayor and Common Council of the City of San Bernardino ratifying prior payments and authorizing the
payment of contract amounts to The Planning Center to be made by the Interim Executive Director of the
Agency from HOME Funds as administered by the Redevelopment Agency of the City of San Bernardino
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N/A
Ward(s):
(909) 663-1044
All
Contact Person(s):
Carey K. Jenkins
Phone:
Project Area(s):
Supporting Data Attached:
o Staff Report 0 Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s) 0 Letter(s)
FUNDING REQUIREMENTS:
Amount: $
100,000
Source:
HOME Funds
Budget Authority:
2008-2009 Budget
~
Emil A. Marzullo, Interim Executive Director
Fiscal Review:
A~ ~M 4 ~c~ l>~7-t;
Barbara Lindseth, Administrative Services Director
Signature:
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P'IAgendaslCDmm Dev CommissionlCDC 2009104-06-09 Ratification Housing Element Consultant Services SR.doc
COMMISSION MEETING AGENDA
Meeting Date: 04/06/2009
Agenda Item Number: ~
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
AUTHORIZATION OF PAYMENTS FROM HOME FUNDS FOR AN AGREEMENT OF
THE CITY OF SAN BERNARDINO WITH THE PLANNING CENTER FOR
CONSULTANT SERVICES TO UPDATE THE GENERAL PLAN HOUSING ELEMENT
BACKGROUND:
On May 19, 2008, the Mayor and Common Council of the City of San Bernardino approved an
Agreement by and between the City of San Bernardino and The Planning Center for consultant
services related to updating the City's General Plan Housing Element. The amount of the contract
award was $99,975. Though the procurement process and overall contract administration would be
managed by City Planning Department staff, it was intended that the EDA would provide the funds
to pay for this activity through available HOME Funds. The source of these funds is derived from
the City's 2007/2008 HOME Funds allocation and is contained within the 2008-2009 Budget of the
EDA to be paid from the Low and Moderate Income Housing Fund. Thus far EDA staff has
verified services rendered and issued checks against two separate invoices, one for $6,768.04 on
January 15,2009, and the other for $22,719.37 on March 4, 2009.
Periodically, each city and county in the State of California is required to prepare a Housing
Element as one of the mandatory elements of its General Plan. The California Department of
Housing and Community Development CHCD") sets Housing Element update requirements,
reviews Housing Elements and certifies their compliance with the Housing Element law and HCD
policy. The City's current Housing Element was certified by HCD in 2003 and the remainder of the
General Plan was updated in 2005.
On January 2, 2008, a Request for Proposals ("RFP") to prepare an update to the City's General
Plan Housing Element was distributed to seven planning consultants. Responses to the RFP were
subsequently reviewed by a panel comprised of the Assistant City Manager, the Housing and
Community Development Director of the EDA and the City Planner. The reviews unanimously
ranked The Planning Center proposal most responsive to the RFP.
Since spring, 2008, The Planning Center has been working with City and EDA Staff to complete the
Housing Element. A working draft should be ready for staff review by the end of April 2009.
CURRENT ISSUE:
Based on a recent review of the authorizing documents that accompanied the May 19, 2008, staff
report, it is recommended that the EDA obtain a ratification of the payment of any invoices to date,
and seek authorization to pay The Planning Center for services rendered including all future
payments associated with the General Plan Housing Element from available HOME Funds.
P\Agenda,IComm Dev Commis,ion\CDC 2009\04-06-09 Ratification - I lousing. Element Consultant Services SRdoc
COMMISSION MEETING AGENDA
Meeting Date: 04/06/2009
Agenda Item Number: ~
Economic Development Agency Staff Report
Ratification - Housing Element Consultant Services
Page 2
ENVIRONMENT AL IMPACT:
None.
FISCAL IMPACT:
Funds to pay for this expenditure are derived from 2007-2008 HOME Funds administered by the
EDA.
RECOMMENDA nON:
That the Community Development Commission adopt the Motion.
~.
Emil A. Marzullo, Interim Executive Director
?\Agendas\Comm Dev Commis~ion\C[)C 2009\04-06-09 Ratification - Housing Element Consultant Services SR.doc
COMMISSION MEETING AGENDA
Meeting Date: 04/06/2009
Agenda Item Number: rz.:~Lf
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RESOLUTION NO.
co~v
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AUTHORIZING THE PAYMENT OF
CERTAIN CONTRACT AMOUNTS THROUGH THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO FROM HOME FUNDS
WHEREAS, the Mayor and Common Council of the City of San Bernardino ("Council")
6 approved a certain agreement with The Planning Center as of May 19, 2008 ("Agreement") and
7 intended that the funding source of the payments to be paid in furtherance of such Agreement
8 should be from HOME Funds of the City as administered by the Redevelopment Agency of the City
9 of San Bernardino (the "Agency"); and
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WHEREAS, it is appropriate for this Council to authorize, pursuant to this Resolution, the
11 payments to be remitted pursuant to such Agreement from the HOME Funds as administered by the
12 Agency.
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NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY
14 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS
15 FOLLOWS:
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Section 1.
The Council hereby authorizes the Interim Executive Director of the Agency
17 to cause all payments to be made in furtherance of the Agreement with The Planning Center. A
18 copy of the Agreement and adopting Resolution No. 2008-151 are attached hereto as Exhibit "A"
19 and by this reference made a part hereof. Said payments are to be made from HOME Funds as are
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presently being administered by the Agency from the budgeted line items as set forth in the Agency
21 budget for the 2008-2009 fiscal year. The Council further ratifies all prior payments as made by the
22 Agency in furtherance of such agreement.
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Section 2. This Resolution shall take effect upon its adoption and execution in the manner
24 as required by the City Charter.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AUTHORIZING THE PAYMENT OF
CERTAIN CONTRACT AMOUNTS THROUGH THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO FROM HOME FUNDS
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a
meeting thereof,
,2009, by the following vote to wit:
Navs
Abstain
Absent
Rachel G. Clark, City Clerk
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18 The foregoing Resolution is hereby approved this
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day of
,2009.
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Approved as to Form:
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Patrick J. Morris, Mayor
City of San Bernardino
James F. Penman, City Attorney
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P\Agendas\Resolutions\Resolutlons\2009\04.06.09 Ratification _ Housing Element MCC Reso doc
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EXHIBIT "A"
RESOLl'TIO:\ :\0.2008-151
RESOLlTIO:\ OF THE :\IAYOR A:\D CO:\t:\'10:\ COC:\CIL OF THE CITY OF SA'"
BE~"iARDI:\O APPROHl'iG A:"i AGREEME:\T WITH THE PLA:\:\I:\G CE:\TER
FOR CONSVLTA:\T SERVICES TO UPDATE THE GE:'olERAL PLA:'I HOlSI:\G
ELE:\IE:'i'T.
WHEREAS. the City of San Bernardino is required to update the General Plan Housing
Element for the planning period from January I, 2006 - June 30,2014; and
WHEREAS, the City of San Bernardino issued a Request for Proposals (RFP) for
professional consultant services to prepare the General Plan Housing Element Update; and
WHEREAS, the City of San Bernardino evaluated proposals submitted in response to
the RFP and found the proposal submitted by The Planning Center to be complete and
responsive to the requirements stated in the RFP;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Planning Center is competent, experienced, and qualified to perform
said services, based upon the proposal submitted to the City, and upon previous consulting
experience with the City, Pursuant to this determination, the Purchasing Manager is hereby
authorized and directed to issue a Purchase Order to The Planning C"nter in the amount of
$99,975,00 for consultant services required to prepare the Gcncral Plan Housing Element
Update: The City Manager is hereby authorized and directed to execute on behalf of the City an
Agreement for professional consulting services; a copy of which is attached hereto, marked
Exhibit "A" and incorporated herein by reference as though fully set forth at length,
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2008-151
RESOLt:TIO~ OF THE MAYOR A:\'D COM~lO~ COl':\'CIL OF THE CITY OF SA:"
BER.'l/ARDI~O APPROVING A:'i AGRED1E:'iT WITH THE PLA:'i:'olI:'iG CE:\'TER
FOR CONSULTANT SERVICES TO t:PDATE THE GENER..\L PLAN HOl'SI:'iG
ELDIENT.
SECTION 2. The authorization to execute the above referenced Purchase Order and
Agreement is rescinded if they are not signed and issued within sixty (60) days of the passage
of this resolution,
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2008-151
RESOLCTlO;\l OF THE }lA YOR A:\"D COMM01\' COCl\'CIL OF THE CITY OF SA.:\
BER'I'ARDI1\'O APPROVI1\'G AI\' AGREEMEl\'T WITH THE PLA:'i:\"I:'iG CE:'iTER
FOR COl'iSCLTAl\'T SERVICES TO UPDATE THE GE:\"ERAL PLA!\' HOrSI:\G
ELDIE1\'T.
] HEREBY CERTIFY that the foregoing Resolution was duly adopted by the ,".Iayor
and Common Council of the City of San Bernardino at a meeting thereof. held on the
19thdayof May
. 2008, by the following vote, to wit:
Council Members:
ABSTAn-;' ABSEKT
AYES
NAYS
ESTRADA
x
BAXTER
x
BRINKER
x
DERRY
x
KELLEY
x
JOHNSON
x
MCCAMMACK
x
,,-'\: ~ .,:, A.. i i. -:-:. ..i.!.
City ~l\lrk " ' J
~""l,;:'.'--'" . I'"'~~i.l~-'"" ~ .'~. (....'
, I . '
The foregoing resolution is hereby approved thIs ,;;5J"*/t ' day of
_~ i:..
~ ~L'
May
2008.
Approved as to
Form:
2008-151
EXHIBIT "A"
AGREE:\1E:\TT FOR CO:\TSULTANT SERVICES TO UPDATE THE
GENERAL PLA.1I\ HOUSI:\TG ELEMENT
THIS AGREE~ENT is made and entered into this 19th day of May
1008 ("Effective Date"), by and between the CITY OF SAN BER."JARDINO, a charter
city ("City"), and The Planning Center, a California Corporation ("Contractor").
WITNESSETH:
A. WHEREAS, City proposes to have Contractor provide consultant services to
update the Housing Element of the City of San Bernardino General Plan; and
B. WHEREAS, Contractor represents that it has that degree of specialized expertise
and experience required to prepare a General Plan Housing Element in compliance with
Section 65580 - 65589 of the California Government Code, and holds all necessary
licenses to practice and perform the services herein contemplated; and
C. WHEREAS, City and Contractor desire to contract for specific services in
connection with the project described below (the "Project") and desire to set forth their
rights, duties and liabilities in connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the
provisions of California Government Code, Sections 1090-1092, in the subject matter of
this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and
conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONTRACTOR
1.1. Scope of Services. Contractor shall provide professional consultant
services for an update of the City of San Bernardino General Plan Housing Element for
the planning period of January I, 2006 - June 30, 2014, in accordance with Scope of
Work, Schedule and Budget, attached and incorporated herein as Attachments 1,2 and 3.
It is agreed that the Contractor shall accomplish the Housing Element Update (the
"Project") in accordance with applicable State law and other requirements stated in the
Request for Proposals (Attachment 4) and acknowledged in the Scope of Services.
1.2. Professional Practices. All professional and contractual services to be
provided by Contractor pursuant to this Agreement shall be provided by personnel
experienced in their respective fields and in a manner consistent with the standards of
care, diligence and skill ordinarily exercised by professional consultants in similar fields
and circumstances in accordance with sound professional practices. Contractor also
warrants that it is familiar with all laws that may affect its performance of this Agreement
and shall advise City of any changes in any laws that may affect Contractor's
performance of this Agreement.
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2008-151
] .3. Warrantv. Contractor warrants that it shall perfonn the services requircd
by this Agreement in compliance with all applicable Federal and California employment
laws including, but not limited to, those laws related to minimum hours and wages;
occupational health and safety; fair employment and employment practices; workers'
compensation insurance and safety in employment; and all other Federal, State and local
laws applicable to the services required under this Agreement. Contractor shall
indemnify and hold harmless City from and against all claims, demands, payments, suits,
actions, proceedings, and judgments of every nature and description including attorneys'
fees and costs, presented, brought, or recovered against City for, or on account of any
liability under any of the above-mentioned laws, which may be incurred by reason of
Contractor's performance under this Agreement.
1.4. Non-discrimination. In performing this Agreement, Contractor shall not
engage in, nor permit its agents to engage in, discrimination in employment of persons
because of their race, religion, color, national origin, ancestry, age, physical handicap,
medical condition, marital status, sexual gender or sexual orientation, or any other
category protected by law, except as permitted pursuant to Section 12940 of the
Government Code. Violation of this provision may result in the imposition of penalties
referred to in Labor Code, Section 1735.
1.5 Non-Exclusive Agreement. Contractor acknowledges that City may enter
into agreements with other Contractors for services similar to the services that are subject
to this Agreement or may have its own employees perform services similar to those
services contemplated by this Agreement.
1.6. Delegation and Assignment. This is a personal service contract, and the
duties set forth herein shall not be delegated or assigned to any person or entity without
the prior written consent of City.
1.7. Business License: The Contractor shall obtain and maintain a valid City
Business Registration Certificate during the term of this Agreement.
] .8. Dutv of Lovaltv/Conflict of Interest: The Contractor understands and
agrees that as the City's consultant, Contractor shall maintain a fiduciary duty and a duty
of loyalty to the City in performing Contractor's obligations under this Agreement.
Contractor, in performing its obligations under this Agreement, is governed by
California's conflict of interest laws, Government Code Section 87100 et seq., and Title
2, California Code of Regulations Section 18700 et seq.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Over the term of this Agreement, Contractor shall be
compensated for such services for the fixed amount of $99,975.00 as indicated in
Attachment 3.
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2008-151
2.2. Additional Services. Contractor shall not receive compensation for any
services provided outside the scope of services specified in this Agreement unless the
City, prior to Contractor performing the additional services, approves such additional
services in writing. It is specifically understood that oral requests and/or approvals of
such additional services or additional compensation shall be barred and are
unenforceable.
2.3. Method of Billing. Contractor may submit invoices to the City Planner for
approval on a progress basis, but no more often than monthly. Said invoices shall be
based on the total of all Contractor's services which have been completed to City's sole
satisfaction. City shall pay Contractor's invoice within forty-five (45) days from the date
City receives said invoice. Each invoice shall describe in detail, the services performed
and the associated time for completion. Any additional services approved and performed
pursuant to this Agreement shall be designated as "Additional Services" and shall
identify the number of the authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Contractor's services relating to this
Agreement shall be maintained in accordance with generally recognized accounting
principles and shall be made available to the City Planner for inspection and/or audit at
mutually convenient times for a period of three (3) years from the Effective Date.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be
performed pursuant to this Agreement shall commence within five (5) days from the
Effective Date of this Agreement. Said services shall be completed according to the
Project Schedule, unless otherwise approved by the City Planner. Failure to commence
work in a timely manner and/or diligently pursue work to completion may be grounds for
termination of this Agreement.
3.2. Excusable Delavs. Neither party shall be responsible for delays or lack of
performance resulting from acts beyond the reasonable control of the party or parties.
Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages,
compliance with laws or regulations, riots, acts of war, or any other conditions beyond
the reasonable control of a party.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and
continue until satisfactory completion of all work contemplated herein. The date of
satisfactory completion shall be the date of submittal of the Final Housing Element to the
State Department of Housing and Community Development for certification.
4.2. Notice of Termination. The City reserves and has the right and privilege
of canceling, suspending or abandoning the execution of all or any part of the work
contemplated by this Agreement, with or without cause, at any time, by providing written
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2008-151
notice to Contractor. The termination of this Agreement shall be deemed effective upon
receipt of the notice of termination. In the event of such termination, Contractor shall
immediately stop rendering services under this Agreement unless directed otherwise by
the City.
4.3. Compensation. In the event of termination, City shall pay Contractor for
reasonable costs incurred and professional services satisfactorily performed up to and
including the date of City's written notice of termination. Compensation for work in
progress shall be prorated as to the percentage of work completed as of the effective date
of termination in accordance with the fees set forth herein. In ascertaining the
professional services actually rendered hereunder up to the effective date of termination
of this Agreement, consideration shall be given to both completed work and work in
progress, to complete and incomplete drawings, and to other documents pertaining to the
services contemplated herein whether delivered to the City or in the possession of the
Contractor.
4.4 Documents. In the event of termination of this Agreement, all documents
prepared by Contractor in its performance of this Agreement including, but not limited to,
finished or unfinished documents, data studies, maps and reports, shall be delivered to the
City within ten (10) days of delivery of termination notice to Contractor, at no cost to
City. Any use of uncompleted documents without specific written authorization from
Contractor shall be at City's sole risk and without liability or legal expense to Contractor.
5,0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Contractor shall obtain and
maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive general liability, including premises-operations,
products/completed operations, broad form property damage,
blanket contractual liability, independent contractors, personal
injury with a policy limit of not less than One Million Dollars
($1,000,000.00), combined single limits, per occurrence and
aggregate.
(b) Automobile liability for owned vehicles, hired, and non-owned
vehicles, with a policy limit of not less than One Million Dollars
($1,000,000.00), combined single limits, per occurrence and
aggregate.
(c) Workers' compensation insurance as required by the State of
California.
(d) Professional errors and omissions ("E&O") liability insurance with
policy limits of not less than One Million Dollars ($1,000,000.00),
combined single limits, per occurrence and aggregate. Contractor
shall obtain and maintain, said E&O liability insurance during the
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2008-151
life of this Agreement and for three years after completion of the
work hereunder.
5.2. Endorsements. The comprehensive general liability, automobile liability
and EITors and Omissions liability insurance policies shall contain or be endorsed to
contain the following provisions:
(a) Additional insureds: "The City of San Bernardino and its elected
and appointed boards, officers, agents, and employees are addition-
al insureds with respect to this subject project and contract with
City."
(b) Notice: "Said policy shall not terminate, nor shall it be cancelled,
nor the coverage reduced, until thirty (30) days after written notice
is given by Contractor to City."
(c) Other insurance: "Any other insurance maintained by the City of
San Bernardino shall be excess and not contributing with the
insurance provided by this policy."
5.3. Certificates of Insurance. Contractor shall provide to City certificates of
insurance showing the insurance coverages and required endorsements described above,
in a fonn and content approved by City, prior to performing any services under this
Agreement.
5.4. Non-limiting. Nothing in this Section shall be construed as limiting in any
way, the indemnification provision contained in this Agreement, or the extent to which
Contractor may be held responsible for payments for damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire Agreement
between the parties with respect to any matter referenced herein and supersedes any and
all other prior writings and oral negotiations. This Agreement may be modified only in
writing, and signed by the parties in interest at the time of such modification. The terms
of this Agreement shall prevail over any inconsistent provision in any other contract
document appurtenant hereto, including exhibits to this Agreement.
6.2. Reoresentatives. The Director of Development Services or her designee
shall be the representative of City for purposes of this Agreement and may issue all
consents, approvals, directives and agreements on behalf of the City, called for by this
Agreement, except as otherwise expressly provided in this Agreement.
Contractor shall designate a representative for purposes of this Agreement
who shall be authorized to issue all consents, approvals, directives and agreements on
behalf of Contractor called for by this Agreement, except as otherwise expressly provided
in this Agreement.
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6.3. Proiect Managers. City shall designate a Project Manager to work directly
with Contractor in the performance of this Agreement.
Contractor shall designate a Project Manager who shall represent it and be
its agent in all consultations with City during the term of this Agreement. Contractor's
Project Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other
communications concerning this Agreement or the work hereunder may be provided by
personal delivery, facsimile or mail and shall be addressed as set forth below. Such
communication shall be deemed served or delivered: a) at the time of delivery if such
communication is sent by personal delivery; b) at the time of transmission if such
communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as
reflected by the official U.S. postmark if such communication is sent through regular
United States mail.
IF TO CONTRACTOR:
Brian Judd
Vice President, Community Planning
The Planning Center
1580 Metro Drive
Costa Mesa, CA 92626
Fax: 714-966-9221
Tel: 714-966-9220
IF TO CITY:
Valerie C. Ross
Director of Development Services
300 North "D" Street
San Bernardino, CA 92418
Fax: 909-384-5080
Tel: 909-384-5357
6.5. Attornevs' Fees. In the event that litigation is brought by any party in
connection with this Agreement, the prevailing party shall be entitled to recover from the
opposing party all costs and expenses, including reasonable attorneys' fees, incurred by
the prevailing party in the exercise of any of its rights or remedies hereunder or the
enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and
expenses of the City Attorney and members of his office in enforcing this contract on
behalf of the City shall be considered as "attorneys' fees" for the purposes of this
paragraph.
6.6. Governing Law. This Agreement shall be governed by and construed
under the laws of the State of California without giving effect to that body of laws
pertaining to conflict of laws. In the event of any legal action to enforce or interpret this
Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of
competent jurisdiction located in San Bernardino County, California.
6.7. Assignment. Contractor shall not voluntarily or by operation of law
assign, transfer, sublet or encumber all or any part of Contractor's interest in this
Agreement without City's prior written consent. Any attempted assignment, transfer,
subletting or encumbrance shall be void and shall constitute a breach of this Agreement
and cause for termination of this Agreement. Regardless of City's consent, no subletting
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2008-151
or assignment shall release Contractor of Contractor's obligation to perform all other
obligations to be performed by Contractor hereunder for the term of this Agreement.
6.8 Indemnification and Hold Harnlless. Contractor shall protect, defend,
indemnify and hold harmless City and its elected and appointed officials, officers, and
employees from any and all claims, liabilities, expenses, including attorney fees, damage
to property or injuries to or death of any person or persons or damages of any nature
including, but not by way of limitation, all civil claims and workers' compensation
claims, to the extent caused by the intentional or negligent acts, errors or omissions of
Contractor, its employees, agents or subcontractors in the performance of this Agreement.
6.9. Indeoendent Contractor. Contractor is and shall be acting at all times as an
independent contractor and not as an employee of City. Contractor shall secure, at his
expense, and be responsible for any and all payment of Income Tax, Social Security,
State Disability Insurance Compensation, Unemployment Compensation, and other
payroll deductions for Contractor and its officers, agents, and employees, and all business
licenses, if any are required, in connection with the services to be performed hereunder.
6.10 Ownershio of Documents. All findings, reports, documents, information
and data including, but not limited to, computer tapes or discs, files and tapes furnished
or prepared by Contractor or any of its subcontractors in the course of performance of
this Agreement, shall be and remain the sole property of City, once payment in full has
been received by Contractor for services already rendered and accepted by the City.
Contractor agrees that any such documents or information shall not be made available to
any individual or organization without the prior consent of City. Any use of such
documents for other projects not contemplated by this Agreement, or any use of
incomplete documents shall be at the sole risk of City and without liability or legal
exposure to Contractor. City shall indemnifY and hold harmless Contractor from all
claims, damages, losses, and expenses, including attorneys' fees, arising out of or
resulting from City's use of such documents for other projects not contemplated by this
Agreement or use of incomplete documents furnished by Contractor. Contractor shall
deliver to City any findings, reports, documents, information, data, in any form, including
but not limited to, computer tapes, discs, files, audio tapes or any other project related
items as requested by City or its authorized representative at no additional cost to City.
6.11 Public Records Act Disclosure. Contractor has been advised and is aware
that all reports, documents, information and data including, but not limited to, computer
tapes, discs or files furnished or prepared by Contractor, or any of its subcontractors, and
provided to City may be subject to public disclosure as required by the California Public
Records Act (California Government Code Section 6250 et. seq.). Exceptions to public
disclosure may be those documents or information that qualify as trade secrets. as that
term is defined in the California Government Code Section 6254.7, and of which
Contractor informs City of such trade secret. The City will endeavor to maintain as
confidential all information obtained by it that is designated as a trade secret. The City
shall not, in any way, be liable or responsible for the disclosure of any trade secret
including, without limitation, those records so marked if disclosure is deemed to be
required by law or by order of the Court.
7
2008-151
6.12. Responsibilitv for Errors. Contractor shall be responsible for its work and
results under this Agreement. Contractor, when requested, shall furnish clarification
and/or explanation as may be required by the City's representative, regarding any
services rendered under this Agreement at no additional cost to City. In the event that an
error or omission attributable to Contractor occurs, then Contractor shall, at no cost to
City, provide all necessary professional services necessary to rectify and correct the
matter to the sole satisfaction of City and to participate in any meeting required with
regard to the correction.
6.13. Prohibited Emplovrnent. Contractor shall not employ any regular
employee of City while this Agreement is in effect.
6.14. Order of Precedence. In the event of an inconsistency or conflict in this
Agreement and any of the attached Exhibits or Attachments, the terms set forth in this
Agreement shall prevail.
6.15. Costs. Each party shall bear its own costs and fees incurred in the
preparation and negotiation of this Agreement and in the performance of its obligations
hereunder except as expressly provided herein.
6.16. No Third Partv Beneficiarv Rililits. This Agreement is entered into for the
sole benefit of City and Contractor and no other parties are intended to be direct or
incidental beneficiaries of this Agreement and no third party shall have any right in,
under or to this Agreement.
6.17. Headings. Paragraphs and subparagraph headings contained in this
Agreement are included solely for convenience and are not intended to modify, explain or
to be a full or accurate description of the content thereof and shall not in any way affect
the meaning or interpretation of this Agreement.
6.18. Construction. The parties have participated jointly in the negotiation and
drafting of this Agreement. In the event an ambiguity or question of intent or
interpretation arises with respect to this Agreement, this Agreement shall be construed as
if drafted jointly by the parties and in accordance with its fair meaning. There shall be no
presumption or burden of proof favoring or disfavoring any party by virtue of the
authorship of any of the provisions of this Agreement.
6.19 Amendments. Only a writing executed by the parties hereto or their
respective successors and assigns may amend this Agreement.
6.20. Waiver. The delay or failure of either party at any time to require
performance or compliance by the other of any of its obligations or agreements shall in
no way be deemed a waiver of those rights to require such performance or compliance.
:--Jo waiver of any provision of this Agreement shall be effective unless in writing and
signed by a duly authorized representative of the party against whom enforcement of a
8
2008- I 5 I
waiver is sought. The waiver of any right or remedy with respect to any occurrence or
event shall not be deemed a waiver of any right or remedy with respect to any other
occurrence or event, nor shall any waiver constitute a continuing waiver.
6.2 I. Severability If any provision of this Agreement is detelmined by a cOllrt
of competent jurisdiction to be unenforceable in any circumstance, such deterrnination
shall not affect the validity or enforceability of the remaining terrns and provisions hereof
or of the offending provision in any other circumstance.
6.22. Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original. All counterparts shall be
construed together and shall constitute one agreement.
6.23. Corporate Authority. The persons executing this Agreement on behalf of
the parties hereto warrant that they are duly authorized to execute this Agreement on
behalf of said parties and that by doing so, the parties hereto are forrnally bound to the
provisions of this Agreement.
//1
III
9
2008-151
AGREEMENT FOR CONSUL T ANT SERVICES TO t:PDA TE THE
GENERAL PLAN HOUSING ELEMENT
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their respective authorized officers, as of the date first above
written.
CITY OF SAN BERNARDINO,
A Municipal Corporation,
THE PLANNING CEl'iTER,
A California Corporation
By ~re ~
BrIan ~l VP Con.nul.'~I~'floihl1lrA...-d 'Des;,
Name and TItle J <...
Approved as to form:
James F. Penman,
City Attorney
~
10
2008-151
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H(lll.~Jng Element Update Services
This chapter describes our scope of services for updating the
Housing Element. The major tasks are housing element
preparation, public participation, HCD reviews. environmental
clearance leading to adoption of the Housing Element, and overall
project management.
Task 1: Housing Element Preparation
This task is designed to provide the Ciry with an updated housing
element document. This task will involve updating key parts of the
Housing Element: (I) Introduction; (2) Communiry Profile; (3)
Constraints Ana!ysis; (4) Housing Resources; and (5) Housing Plan.
1.1 Introduction
The first section will involve an update to the Introduction of the
Housing Element. The purpose of the Introduction is to set forth the
statutory reQ.uirements. organization of the Element, General Plan
consistency, and the public participation process. The 2000-2005
Housing Element presents each of these items in clear detail. However,
the introduction also presents the opportuniry to give greater meaning
to the Housing Element update beyond comp!ying with state law,
This section presents the opportuniry to c1ear!y describe and set the
stage for housing planning. Items to consider include:
. The Ciry's Vision and how the Housing Element furthers that
vision as the dynamic urban center of San Bernardino COUllty
. The presentation of a Housing Vision that refiects the values
set forth in the General Plan and other planning documents
. How specifical!y the public participation process helped shape
the goals, policies, and programs of the Housing Element
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THE PLANNING CENTER II>Jgc 2-1
2008-151
1.2 Community Profile
The next section will involve an update to the Community Profile scction
of the Housing Element. We strive to produce a solid Community Profile
that is more than simp!y a replication of facts and data. but rather an
insightful ana!ysis. presented in a graphical!y friend!y manner. that is
relevant to housing planning. Our efforts will focus on updating certain
components. as described below.
Demographics
We will update demographic statistics to reveal the demand for ditTerent
types and prices of housing in San Bernardino. We will examine past and
future population trends. age distribution. race and ethnic composition.
household size and composition. employment. household income.
overcrowding. housing cost burden. and other demographic factors
atTecting housing needs. We will also focus on documenting the needs
of extreme!y low-income households. as reQ.uired under new state law
(AB 2634).
Many housing elements simp!y present statistics to comp!y with state
law. but do not specifical!y relate the findings to practical housing needs
and programs. In preparing our work. our goal is to relate data in a
meaningful way to the practical implementation of housing programs.
For instance. in our work for Pasadena. we identified key demographic
trends and compared them to housing programs in an effort to craft
recommendations that addressed unmet housing needs.
Housing Characteristics
We will analyze the City's housing inventory and the extent to which
current and future housing needs are met with respect to the availability.
adeQlJacy. and atTordability of housing. We are assuming that the City
will provide suitable data that documents the condition of housing in the
community (an update of the 1999 Housing Conditions Survey). The
Planning Center will examine housing characteristics. tenure and vacancy
rates. rents and sales prices. housing atTordability. and housing age and
condition.
Typical!y. most housing elements re!y on Census 2000 data. market
information, and other secondary data sources. We can also provide
meaningful information from the 2006 American Community Survey,
2002 American Housing Survey. or Claritas 2007 and 2014 projection
data. a5 directed by City staff. These sources can be careful!y mined to
document a variety of housing and neighborhood conditions in San
Bernardino. such as:
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2008-151
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. The precise external Jnd internal building conditions
. Indicators of housing Quality and deficiencies
. Indicators of neighborhood Quality
Special Housing Needs
This section will ana!yze the housing needs of seniors, disabled people,
homeless people, single-parent households, large families, students, Jnd
other special needs groups identified by the City. The purpose of this
section is to provide a succinct yet insightful portrait of the most
pressing housing needs so that responsive policies and programs can
be fashioned. The ana!ysis will contain:
. Quantification of persons and/or households
. Quantification and QlJalitative description of need
. Identification of resources available to meet those needs
. Description of program/policy options for addressing need
While most housing elements present basic information as to the needs
of these groups from statistics derived from the Census Bureau, we have
secured information from the 2000 CHAS database that will allow us to
determine:
. The extent of housing problems for income categories used by
the Regional Housing Needs Allocation (RHNA) (e.g.. very low.
low. moderate. and above)
. The extent of housing problems for the e1der!y. small families.
large families. and people with disabilities
. The extent of housing problems for other specific block groups
within the community. if desired or valuable for the Housing
Element
At-Risk Housing
We will evaluate the affordable projects at risk of conversion to non-Iow-
income uses based on a review of state and federal databases. the
California Housing Partnership databases. and other information
provided by the City. The ana!ysis will contain:
. Inventory of units subject to expiration or conversion
. Assessment of preservation versus replacement costs
. Public and nonprofit entities for potential aCQuisition
. Potential local. state. and federal funding sources
HOU~i11g Elcmrnt UpdJle Services
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PJ3C 2-4
2008-151
1.3 Constraints Analysis
Typically, this section discusses market, governmental. and
environmental constraints to development. From our initial assessment.
some sections of the 2000-2005 Housing Element are still accurate.
In other cases, significant changes to state and federal laws, as well as
ambiguities in the present Housing Element. will necessitate changes.
With this background in mind, we propose to update the following
,euions ul the HOUSing Constraints ,\nalysis.
Nongovernmental Constraints
The housing boom of the late 1990s combined with the recent
downturn to create a chaotic landscape for affordable housing, We will
analyze the market prices for land, construction materials, and labor.
This section will also provide updates on costs, vacancy rates.
construction costs, fees, and other factors that affect housing prices. We
assume that the City's Economic Development Agency and active
nonprofit organizations in the immediate area can provide the latest pro
formas for proposed residential projects for this type of analysis.
Governmental Constraints
Housing Elements must contain an analysis of potential governmental
constraints to the production, maintenance, and improvement of housing
affordable to persons of all income levels and disabilities. We will
conduct a focused analysis of the current governmental and regulatory
framework for approving and producing housing in San Bernardino,
Issues to analyze in this section include:
. Allowable housing types permitted in each zone
. Residential development standards and density
. Permit processes, including discretionary review
. Parking reQ.uirements
. Building, development, and impact fee structures
. Building codes and their enforcement
. Other related issues affecting housing development
Our review indicates that several areas will reQ.uire updating to comply
with recent legislative changes and stringent interpretation by HCD.
Some of the examples are:
.
SB 2. Identification of a zone or zones where emergency
shelters and transitional housing are allowed as a permitted use.
Ci~y of Son Bl'rnJrdino
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. /IB 2348. Documentation of the appropriateness of zonin~.
density. and development standards to facilitate affordable
housing for very low and low income households.
. SB 1087. Coordination with water and sewer providers on
housing plan and prioriry service to housing with units that are
affordable to lower income households.
Should actual governmental constraints be identified. the Housing
Element must contain programs to mitigate or remove actual constraints
on housing. to the extent feasible and legal!>, possible.
Our experience indicates that the Department of Housing and
Communiry Development will look at three specific potential
governmental constraints--Iand use capaciry. tenure of housing
production. and the discretionary permitting process (e.g.. whether or
not housing is express!>, or conditional!>, permitted)-as potential
barriers to affordable housing. If any of these regulations is deemed a
constraint. programs must be devised to mitigate its impact.
Environmental and Infrastructure Constraints
The Housing Element will contain a current discussion of water. sewer.
and transportation constraints to the production. maintenance. and
improvement of housing. The General Plan EIR for the 2005 land Use
Element will provide a program-level ana!>'sis. The Housing Element will
like!>, re!>' on a combination of sites for housing already proposed in
existing development projects or in approved Specific Plans. We will
reference each of the EIRs for each development project to document
adeQuacy of infrastructure constraints to development.
This ana!>'sis will also be folded into the environmental documentation
reQuired to clear the Housing Element pursuant to CEQA.
1.4 land Inventory
The Housing Resource section is designed to identify. ana!>'ze. and
evaluate the adeQua<)' of land. financial. and administrative resources
necessary for the Ciry to achieve its housing goals. including the RHNA
prepared by the Southern California Association of Governments
(SCAGj.
Identifying New Construction Goals
In addressing the Ciry's housing production need. the first step will
involve determining the amount of new production reQUired. According
to SCAG's RHNA. the Ciry has been allocated a need for 5.687 new
THE PLANNING CErHER I P'ge 2-5
2008-151
units between 2006 and 20 I 4. Of this total. the alloGllion is divided
Into four income/affordability categories:
. 1,275 units affordable to very low income households
. 9 I 3 units atTordable to low income households
. 1,079 units affordable to moderate income households
. 2,420 units affordable to above moderate income households
With known existing projects and development projects in the pipeline, it
appears that the City already has sufficient capacity to complete!}'
address its above moderate income reQuirement. However, as is the case
with most housing elements, the City will need to focus efforts on
addressing the development capacity for very low, low, and moderate
income units,
Identifying Housing Sites
The City of San Bernardino is not reQuired to produce the remaining
units. but rather is responsible to demonstrate that the residential
density and development standards on available housing sites are
sufficient to facilitate the production of affordable housing, assuming that
sufficient regulatory and financial incentives are available to developers.
The HCD now reQuires a mapped, parcel level inventory; a thorough
ana!}'sis of why housing sites are suitable to facilitate housing at ditTerent
prices; and greater programmatic commitment to facilitate the
development of sites,
As a first step. we will update the City's land inventory current!}'
identified in the 2003 Housing Element to identify potential housing
sites to address the RHNA. Unless a large number of sites are no longer
viable. the City's vacant land resources should be adeQuate to
accommodate much, if not all. of the City's remaining RHNA
responsibility, Typical!}', the most suitable sites allow for a density of 30
units per acre,
Using sites recommended by City staff, we will show how the under!}'ing
zoning. density, and development standards are sufficient to facilitate
affordable housing. Typical!}', we talk to nonprofit and for-profit
developers in the community or region who specialize in affordable
housing to determine the general preconditions necessary to facilitate
affordable housing, This ana!}'sis will be compared with the City's land
inventory to present the sites most suitable for new housing that is
atTordable to low and moderate income households, We can also assist
the City in Quantifying its housing potential in mixed use zones and
commercial!}' designated areas that permit housing.
P'ge 2.6
City of SJn 8crnJrdino
2008-151
~rs
Our cost estimJte does not include site-by-site fieldwork. However. JS
discussed IJter in this tJsk. we will work \vith you to identi~' the most
criticJI information needed for the iJnd inventory so that it meets the
reQuirements of new state IJW reQuiring a more pJrcel-specifjc focus.
The IJnd inventory will also be crafted to plan for and JttrJct key housing
product types to position the City for the end of the current housing
slump. When the housing market does rebound. development interest
that is currently on hold will Quickly return. Through the Housing
Element. the City will be able to identify where and what types of new
housing should be constructed, outside of development pressures that
accompa'!}' a sudden resurgence in housing production.
The land inventory should also be developed with an understanding of
the current and desired neighborhood structures and identities. The
infiuence of housing product types on the character of a neighborhood
cannot be understated. The ability to accommodate growth must be
balanced against the desire to retain lower density neighborhoods and
create more urbanized areas of the City.
For example, the land inventory will likely designate housing sites along
the E-Street Corridor. connecting employment centers. transit centers.
and major activity centers with housing. By locating housing near these
areas. residents will have a greater incentive to walk. which reduces the
reliance upon automobiles and confers health benefits to the residents
from exercise and improved air Quality. Intensification in the downtown
and along key corridors may allow neighborhoods in the northern area of
the City to downzone multifamily zoned land and encourage more
compatible development.
This proposal assumes that the City will provide up-to-date GIS parcel
and attribute data including zoning. general plan land use.
redevelopment boundaries. and other key data such as parcel size. APN.
and ownership status. This proposal also assumes that the vacant land
resources will be adeQuate to accommodate the RHNA. If more than
five underutilized sites must be analyzed to accommodate the RHNA. a
budget augment will be necessary.
Financial and Administrative Resources
The Housing Element will discuss the major sources of local. state. and
federal financial resources available to address San Bernardino's housing
needs. The Housing Element is also reQuired to document the
administrative resources that can help the City address its housing
needs. The Housing Element will provide an inventory of financial and
Hou<,ing lit-men I Upd;Jtc Services
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THE PLANNING CENTER I PJgc 2-7
2008-151
administrative resources available for developing. rehabilitating. and
preserving affordable housing units in the City of San Bernardino.
Although housing elements often have exhaustive lists of founding
sources and administrative organizations. this type of detail is not
necessary to have a certified housing element. Thus. in drafting this
section. the goal is not to indicate all sources of funding and
administrative capaci~y, but rather to provide a snapshot of key resources
that the City provides to administer their housing programs.
1.5 Housing Plan
We understand that the San Bernardino City Council is committed to
developing realistic housing strategies to help address the communi~y's
current and future housing needs. Our team is well versed in how to
strategically evaluate housing programs and craft responsive plans far
beyond the depth of analysis in most housing elements. We propose to
evaluate the current progress of housing programs, refine the current
menu of policies in the Housing Element, and develop a Housing Plan in
concert with discussions and direction from City staff.
Program Evaluation
A thorough and well-documented evaluation of current housing
programs is the key to understanding program strengths, the gaps in
meeting current or future housing needs. and the need to modify or add
housing programs to address the city'S existing or future housing needs.
We therefore believe that a solid evaluation of the City's housing
programs is essential to drafting a meaningful housing element.
In a local government the size and complexity of San Bernardino. the
program evaluation should be carefully structured. To begin this effort,
we will review federal and state reports (e.g., CAPERS, Annual Reports,
General Plan progress report, and other internal progress reports). We
will also provide a policy and program matrix for staff to complete that
documents progress in achieving the goals of the 2000-2005 Housing
Element. This matrix will assist in determining the need to modify
existing programs. introduce new programs. or eliminate obsolete ones.
After distributing the information to City staff and receiving Q\Jantified
and Qualitative information regarding the current programs, we will then
conduct a series of interviews with City staff responsible for program
implementation. The purpose of the interviews will be to hone in on
individual programs to propose modifications that are needed to
improve success, delete programs that are no longer necessary. or add
new initiatives needed to meet unmet or future housing needs.
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The PiJnning Center brings significant experience to bear in this effort.
We recent~v completed an extensive housing program evaluation for the
City of Pasadena. This effort reviewed and made modifications to the
City's most critical housing programs and developed eleven new housing
initiatives to pursue for the Housing Element. The Urban Land Institute
held a Technical Assistance Panel to review the report. and endorsed all
the recommendations, In April 2007, the City Council earmarked near!>'
~ 10 million in funds to implement the report.
Housing Plan Development
The Housing Plan must promote and further fair housing and set forth
a series of programs to encourage the maintenance, production, and
improvement of housing for all economic segments of the community.
The vast majority of programs to be included in the Housing Element are
identified in local, state, and federal housing planning efforts, We will
incorporate-to the extent they are still relevant-the housing programs
as well any modifications or deletions generated during earlier tasks,
The draft Housing Plan will, at minimum, achieve the following
objectives consistent with the reQuirements of state law:
. Identify sites to facilitate and encourage development of various
types of housing for all income levels.
. Encourage housing types that reduce automobile dependence,
improve air Quality, and further City economic goals.
. Create Quality neighborhoods through the conservation and
improvement of housing and supporting community services.
. Assist in the development of adeQUate housing to meet the
needs of vel)' low, low, and moderate income households.
. Address and, where appropriate and legal!>, possible. remove
governmental constraints to housing for all income levels.
.
Conserve and improve the condition of the affordable housing
stock, which may include addressing ways to mitigate the loss.
Promote fair housing opportunities for all persons regardless of
race/ethnicity. income, household type. or other similar status.
.
.
Preserve lower income assisted housing developments, in
particular those at risk of conversion.
I-lOUSing Element Upd::Jte Services
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THE PLANNING CENTER I P'gc 2.9
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l10using Plan Implementation
The IJst tJsk of the Housing PIJn is to creJte In implementJtion plJIl.
To that end, we will update the City's current plJn, which Includes
measurJble objectives, timelines, finJncial resources, and Jgencies
responsible for program implementation. This level of detJiI is reQuired
to meet the statutory reQuirements of state law Jnd to provide J solid
basis for success in the implementation of the Housing Element.
As is the case with the prior housing element. the implementation pian
will also contain Quantified objectives with respect to:
. Construction of new units by affordability level
. Preservation of existing at-risk units by affordability level
. Preservation and rehabilitation by affordability level
In selling forth the Quantified objectives. we will careful!>, review the
Consolidated Plan. the Redevelopment Implementation Plans. and other
determinative housing planning documents. to ensure that the Quantified
objectives are consistent and incorporated into the Housing Element.
Meeting with different departmental staff will be the key to this effort.
Final!>,. the housing implementation plan will contain a section describing
the consistency of the Housing Element with other elements of the
General Plan. Since the General Plan was recent!>, updated. the
consistency matrix will be prepared in a summary fashion. showing where
key policy areas are consistent with different Elements of the General
Plan. If changes need to be made to other elements. the implementation
program will specify those changes.
Task 2: Public Outreach
Housing element law reQuires that a diligent effort be made to include
nonprofit groups. housing advocates. and the general public in the
development and implementation of the housing element. The outreach
program is designed to achieve three objectives: (I) satisfy reQuirements
of state law. (2) obtain direction from key decision makers. and (3)
provide consensus on key housing program initiatives.
To minimize budget. The Planning Center's role will be to augment
rather than replace City staff during the outreach program. The
outreach program will consist of the following two components:
.
Community and stakeholder meeting to provide community-wide
and focused input on community housing needs and potential
programmatic solutions
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. Stud} Session before the elected officials and the public to
discuss the Housing Element and its program initiatives prior to
submittal to the Slate and as a precursor to public adoption
hearings
Following receipt of a letter of compliance from HCD. the third phase
would be to schedule and hold public hearings to adopt the Housing
Element. This proposal assumes that the Ci~v staff will be able to carry
the Housing Element through the public hearing phase and does not
include any time for preparation or attendance at public hearings.
2.1 Community and Stakeholder Workshop
We understand that the Ci~ has already conducted significant outreach
as part of the recent General Plan update. Rather than unnecessarily
repeat prior efforts. we propose a more targeted approach. We propose
one Housing Element workshop for the general public and key
stakeholders to solicit the important housing needs facing the communi~
and potential programs that may be undertaken to address unmet needs.
We assume that the Ci~ will handle all arrangements. advertising.
noticing. and any auxiliary details necessary to facilitate the workshop.
The Planning Center will be responsible for preparation of materials.
trilingual notices. and presentation materials. boards. and graphics. In
preparing for the workshop. we will work closely with you to ensure the
presentation materials are suitable for the audience.
While we have only budgeted for one meeting to preserve costs. we can
expand the scope during the project if the Ci~ feels additional outreach
efforts are necessary.
Deliverables
. Preparation. attendance. and lead for one workshop
. Power Point presentation or other materials
. Summary of notes and comments received at the workshop
2.2 Study Session
Prior to submitting the draft Housing Element to the State of California
Department of Housing and Communi~ Development. we recommend
holding a joint study session with the Planning Commission and the City
Council. This allows for the gradual refinement of the draft Housing
Element and ensures that the Element is reviewed at a high level prior to
any review by the state.
THE PlAmJING CENTER I Page 2-11
2008-151
We assume that the City will handle all arrangements. Jdvertislllg.
noticing. Jnd Jny Ju,iliary details to facilitate the study session. The
Planning Center will be responsible for preparation of materials. notices.
and materials. including boards. graphics. ete. Our budget assumes this
study session is conducted in English only. If a joint session is not
possible. we will present to the Planning Commission or City Council
(upon the City's direction). If both bodies wish to hear the presentation.
the budget may have to be Jdjusted to accommodate t\\'o sessions.
Prior to the meeting. each elected official and planning commissioner
will be provided a synopsis of the Housing Element and a full draft for
their review and consideration.
Deliverables
. Synopsis or draft Housing Element policy piece
. Preparation for and attendance at the meeting
. PowerPoint presentations for the meeting
Task 3: Preparation of Draft Housing
Element and HCD Review
The draft Housing Element must be prepared and then reviewed by the
HCD. The following subtasks are envisioned in this effort. though the
precise steps may change depending on the evolving circumstances of
the Housing Element update process.
3.1 Preliminary Draft Element
The Planning Center will prepare an administrative draft of the Housing
Element. Prior to preparation of the draft. we anticipate working with
you to decide upon the appropriate format for the document. the style
of presentation. and graphic needs. We have in-house graphic artists
and designers who can assist in providing you the most progressive and
reader-friendly document layouts. designs. and graphics.
This proposal assumes two internal rounds of review. To facilitate this
process. we assume that City planning staff will distribute the document
to departments during both rounds and provide an internally consistent
set of consolidated comments to the consultant team.
Future reviews should be conducted following comments by elected
officials and the HCD to ensure the final document is suitable for public
distribution. This task also allows for our professional editing staff to
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City of SJn BcrnJrdino
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thoroughly review the draft documents prior to their reicJse to the Cill'
or general public.
Oeliverables
. Preliminary Draft Housing Element (PDF copy)
. Second Preliminary Draft Housing Element IPDF copy)
. Third Preliminary Draft Housing Element 120 copies) for the
study session
3.2 Submittal to HCD and Response to Comments
Following the study session, we will revise the draft Housing Element for
distribution to and review by HCD, which has 60 days to complete the
review and reply with written comments and a determination of
adeQuacy. HCD will direct the majoriry of its focus on housing sites,
zoning. development standards. and programs to determine whether
they are sufficient to encourage and facilitate housing production
commensurate with the Ciry's RHNA.
As is the case with large and complex communities, we anticipate the
HCD review process will be detailed. Rather than offer strategies and
wait for HCD's response. we recommend working with them up front
to determine the feasibiliry of various strategies. This would avoid the
situation where the Ciry Council accepts a concept only to have it
rejected by the HCD. We will work with HCD through informal
consultations to flesh out any potential areas of concern 'upfront.
so these issues can be addressed before submitting the draft.
Once we have received written comments from the HCD. we will work
closely with Ciry staff and HCD reviewers to address any outstanding
concerns on the draft. This is rypically an iterative process. reQuiring a
series of formal and informal communications. If significant program
commitments are reQuired to achieve substantial compliance. we
recommend holding a Ciry Council study session prior to resubmitting
the draft to the HCD. However. based on the Ciry's RHNA. we do not
anticipate the need for an additiona/study session (which would reQuire
a budget augment).
For budget purposes. we anticipate two rounds of formal review.
Typically. the need for a third round of HCD review depends on the
nature of the challenges faced in the Housing Element and how
aggressive the programs are in the first draft. To ensure a speedy and
predictable review process. we will work with the HCD throughout the
development of the Housing Element to identify any areas of potential
THE PLANNING CENTER 1 Page 2-1 )
2008-151
concern upfront so that the drart Housing Element submitted to the
HCD has the best chances of securing a speec!v revie" and approval.
Deliverables
. HCD Review Draft Housing Element (2 color copies)
3.3 Preparation of Public Review and Final Draft
following receipt of comments from the HCD and letter of substantial
compliance. The Planning Center will produce a public review draft of
the Housing Element for consideration by the Ciry Council and Planning
Commission. At this point. comments from the environmental review
process will also be received from the public and interested parties.
necessitating slight adjustments in the Housing Element.
Following receipt of comments from the Planning Commission and Ciry
Council at the public hearings. The Planning Center will prepare a final
draft of the Housing Element suitable for public records. The final draft
will include comments received during the public hearing. both on the
Housing Element and environmental clearance, as directed by Ciry staff.
Upon completion. critical project flies (including an editable copy of the
Element and a PDF copy) will be provided to the Ciry on CD. At this
time. to conserve budget and recognize the increasing!>' electronic
nature of document review and distribution, this proposal assumes that
hard copies will be limited to I color copy of the Draft Housing Element
for the public hearings and one unbound copy of the Final Housing
Element.
Deliverables
. Public Review Draft Housing Element (I color copy)
. Final Housing Element (unbound, camera ready)
. Editable final copy in Word and PDF copy
Task 4: Environmental Review
4.1 Initial Study/NO
Based on the available strategies proposed above to meet housing
reQuirements. it appears that the Ciry can achieve their assigned RHNA
allocation without amending the land use plan of the General Plan.
Major land use or infrastructure improvements are not to be reQUired.
Based on this preliminary conclusion, it appears that environmental
impacts related to the Housing Element are not significant.
P:Jgc 2. J -I
City or San Bernardino
llou~ing Element Update Services
2008-151
mmE)'j'llj;f':I
Our proposed scope of work. therefore. is based on the assumption that
an Initial Stu~y will be prepared that supports a "'egative Declaration
IND) under the California Environmental Quali~ Act ICEQA) If a more
aggressive Housing Element is necessary to achieve the Ci~'s RHNA
allocation. preparation of a Mitigated Negative Declaration (MNO) may
be reQuired. If this becomes necessary. a revised scope of work and
contract amendment will be submitted to the Ci~.
Although each potential environmental impact as Identified in the CEQA
Appendix G checklist will be addressed in the Initial Study. the ana!ysis
will focus on air Quali~. land use. noise. and population and housing.
The proposal assumes that no major land use changes will be necessa~y
to accommodate the Ci~'s future housing need. If any changes
reQuiring technical ana!Ysis. particular!y those involving air. noise. or
traffic. a budget augment may be necessary.
Our proposal includes coordination with the Ci~ to achieve the
adoption of an NO for the projecl. The Planning Center will edit the
Initial Study/NO upon receipt of comments from the Ci~. We will also
coordinate with the Ci~ to prepare reQUired agency and public noticing
for review of the Initial Study/NO. Upon receipt of comments. we will
coordinate with Ci~ staff and provide responses. as reQuested. to enable
staff to adeQuate!>, address issues for decision makers.
Deliverables
. Draft Initial Study /ND
4.2 Document Reproduction and Mailing
The Planning Center will be responsible for distribution and mailing of
the Notice of Intent (NOll and Initial Stu~y/ND. We assume the Ci~y will
prepare the newspaper notice. Document reproduction is based on an
assumption of 5 copies of the Screencheck Initial Study/NO and
40 copies of the Initial Study. The copies of the Initial Study/NO will be
mailed via certified mail for the 3D-day public review.
Deliverables
. Notice of Intent
. Screencheck Initial Study !NO (PDF copy)
. Draft Il1Itial Study /ND (20 copies)
. Certified mailing of Initial Study/NO
THE PlAr~NING CUllER I PJge 2-15
2008-151
4.3 Meetings and Public Hearings
As in Task 2. The PlJnning Center's role in public hearings \\ill be to
support City staff but not to attend or present at public hearings. Should
our presence be necessary at public hearings. attendance would be
invoiced on a time-and-materials basis approved by the City.
Upon adoption of the NO. The Planning Center will nle the reQuired
,,"otice of Determination (NOD) with the Coun~v Clerk. The Planning
Center will also submit the reQuired California Department of Fish and
Game (DFG) CEQA filing fees to the County Clerk as reQuired upon
filing the NOD. As of January I. 2007. DFG nling fees for a Negative
Declaration increased to $ I .2 SO.
Deliverables
. Final Initial Study
. Final Negative Declaration
. Notice of Determination
Task 5: Project Management and Meetings
This task is necessary to provide for the day-to-day management of the
project and product review and oversight. including extensive
coordination with the City. billing activities. and budget and schedule
maintenance. This assumes the preparation of progress reports to the
City. as needed. up to eight meetings with City staff. and two hours per
month for administrative details. billing. and project coordination over
the course of twelve months. Additional meetings and coordination with
other groups will reQuire an augmentation to this scope and budget.
The first of the four staff meetings (kickoff meeting). will be held to meet
with the City to review and refine the scope of work. discuss key issues.
and collect important data (such as GIS nles. housing documents. format
data from the fresh!>, updated General Plan. and other information).
The remaining staff meetings are provided to guide the update effort.
discuss housing programs. address any issues that may arise during the
. update process. and coordinate efforts with the various City
departments. Staff meetings may also be held to coordinate with any
developers proposing major residential or mixed-use residential projects
within the community that affect the land inventory.
De live rabl e s:
. Up to four staff meetings
P,se 2 - I r, City or San Bern"dino
2008-\5\
ATTACHME:\T 2
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.
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~.~PLANr-.JI~JG
,"--"'-'CENTER
2008-151
D:~:(,m2
3. Schedule
Typical!y. the vast majoriry of Housing Elements can be completed in approximatelY one year from contract
execution to adoption by the Ciry Council. Therefore. if work begins in March, we would anticipate
completion. certification. and adoption of the Housing Element by June 2009. (see mi!estones next pabe)
2008 Housing Element Update Schedule
2008
Sep
1.1 Introduction
1.2 Community Profile
1.3 Constraints Analysis
1.4 Land Inventory
1.5 Housing Plan
3.1 Preiiminary Draft Element
3.2 Submittal to HCD and Response
3.3 Public Review and Finai Draft
3
4
5
6
8
10
14
"fnyl' '. Ial Revf '.' . .. '. '. ,.. .",' .... .. " "','- 1'~"""1;"'Y:"''''''~" .,.~.'.", .
, rDnmen ew ./ v. '"' . ~: ~~t"",,"-""~~E,;,:"'1j.;jf~~~
12
17
4.1 initial Study/Negative Declaration
4.2 Document Reproduction/Mailing
4.3 Meetings and Public Hearings
9
11
11
13.15,16
rlcles: Numbers In fhe schedule mdlcate milestones (see fOllOWing page).
l'lousing Element Update Services
THE PLANNING CENTER I P'ge J.J
2008-151
2008 Housing Element Update Milestones and Oeliverables
,",1I1eslufle I Delivery Date TdSk
I Kickoff ,\1ccting June 2008 5
2 Communl~y/StJkcholdcr Workshop September 2008 2.1
3 Prelimin.ry Or.ft Hou,ing Element November2008 3.1
4 Initi.1 HCO Consult.tion November 2008 3.2
5 Second Preliminary Draft Housin~ Element Oecember 2008 3.1
-
b Third Preliminary Dralt Housing Element January 2009 3.1
7 Study Session January 2009 2.2
8 Submlll.1 of HCO Review Or.Ft to HCO February 2009 3.2
9 Or.ft Initi.1 Study/NO February 2009 4.1
10 HCO Certific.tion (verb./) March 2009 3.2
II Initial Study/NO and 3D-Day Public Review April 2009 4.1/4.2
i2 Public Review Or.Ft Housing Element April 2009 3.3
13 Planning Commission Public Hearin~ May 2009 2/4
14 HCO Certification (Formal) May 2009 3.2
IS City Council Public Hearin~ June 2009 2/4
16 Final Initial Study/NO .nd Notice of Oetermin.tion June 2009 4.3
17 Fin.1 Housing Element June 2009 3.3
--.
P.go 3-4 City of S.n Bern.rdino
2008-151
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\,;"VCENTER
ATTACHMENT 3
.
2008-151
4. Budget
.i:.;~I!oI,ll.
1.1::}(
~~:~Z"':_~.\
2008 Housing Element Upd..te Budget
11
12
13
1.4
1.5
Introduction
CommunilyPrclde
COrJstralnts AnalYSIS
land In~entory
Housing Plan
$1,590
S9,680
$12,170
$13,500
$12.580
See ::ldditloml notes on next page.
l10us,ng (iClT1e~l Update SerYl((:5
-----~._-- --------~_.
.-------------
THE PLAMJING CErHi:i( II'~S<.:~-I
2008-151
The Planning Center
2008 Standard Fee Schedule
Slalflevel Hourly Allie
PnnCipal S20Q-$250
OireclorlTeam Leader $150-$200
Sr. PlannertScJenlist!Oesignerll $'3Il-12OO
Sr. P1annerlScienbslJ1)esignerl 5110-$150
AssocialePlannerlScienlisllDesignerll $100-S125
AssoCIate PlarmerlScienbslIDesigner I 590-$105
Assistant Planl'lef/SoenlisllOesigner II $75-$95
AssistanlPlannerlScienhsllOesignerl $60-475
GJSfCAO Operator tl $95-$130
GIS/CAD Operator I $8&-$100
Graph.CArtlSIJl $75-$125
GrachicArtislJ $65-$85
PtanningTechnicianl1ntern 555-$75
TechnlCCllEdilor $90-195
WOrdPrccessing $70-580
ClericaVAdmlnstralion $55.$95
Third-Party CEOA Review 1200
Expel1WitneS$ 2 x Normal Hourly Rats
Ollierd!f6Glcostsat8bdledalcoslplus 12.5%
NOTES:
Unbs noted, ;11/ copies ;lre to be made in bl:ld and while and color copies are e:oJra 10 the contract. [slimOltes assume a I SO-poge Housing Element uocumt:nl.
The: PIJnning Cenler GIn Jlso provid~ individu:!1 CDs at a substantial!>' lower cosllh,ln PJper copies
In ,-on(orrnilnCe wilh Ihe RFP. The Planning Center does not include any reimbursable budget for travel or courier costs,
4 Reimbursable expenses include the cosls for prinling. copies. external data wHeelion. ;lnd mailings. and ;Ire charged at cosl plus 12. S percent.
S The charlS 5umm;lrize the a5,WciateJ budgel for eOleh respective task. The actual e.~pendjture (or each task may vary. The Planning Center will communiute O1ny
significant Jevi;Jtions from the proposed budget for each task on a month~ basis. if necessary.
(, The budget OIssumes completion of the housing dement to occur no later lhan lune 2009. Additional time beyond this will be sub/ect tu annual OIdius!rnents inl::Joor
J:Jles. Tht budge! shown is Oltot:Jl, not 10 exceed cost estimate.
7. The budge I J.!.sumes limiled ch01nges from draft to fmal cerlificOIlion Responses to :my significant comments from HCD or Significant ISSUes senerJteJ through the public
re'~c\\ would be comidered outside of the scope of work Jnd budSr:! and reQ.uire an augmr:nt,llion.
I'~$e ,!_~
C:IJ "I S;u': Ikrr::Jrd,n,}
2008-151
ATTACHMENT 4
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
HOUSING ELEMENT UPDATE
REQUEST FOR PROPOSALS (RFP)
JANUARY 2, 2008
PROPOSALS DUE JANUARY 24, 2008
1.0 OBJECTIVE
The City of San Bernardino seeks proposals for consultant services to prepare an update
of the City's General Plan Housing Element. The consultant must be experienced in all
aspects of housing element preparation and adoption, including data gathering and
analysis, public outreach, policy recommendations, public hearings and interaction with
the California Department of Housing and Community Development (HCD). The ideal
candidate would also be familiar with the demographics and housing market trends of the
City of San Bernardino and the surrounding area.
2.0 BACKGROUND INFORMATION
The City of San Bernardino is approximately 60 square miles in area, located
approximately 60 miles east of Los Angeles, intersected by the 1-10, 1-215 and 1-210
freeways. The population estimated by the California Department of Finance (DOF) as of
January I, 2006, the beginning of the planning period, was 201,699. The current Housing
Element was certified by HCD in 2003 and the rest of the General Plan was updated in
2005. The General Plan contains all relevant background information, and is available for
review on the City of San Bernardino web site: www.shcilv,org.
3.0 SCOPE OF SERVICES
The consultant should propose to perform all work required to update the City Housing
Element in compliance with State law, including Government Code Section 65580 _
65589, AB 1715, AB 2348 and SB 2. The update schedule should conform to the
deadline specified by the State for cities of the Southern California Association of
Governments (SCAG) cities. The proposal should detail the methods and work products
of all tasks related to the Housing Element update, including but not limited to:
. Review of the current Housing Element.
· Data collection and analysis required to update descriptions of existing population
and housing characteristics.
. Public outreach activities, as needed to involve the community, including housing
advocates and service agencies in the update process.
2008-151
Housing Element RFP
City of San Bernardino
January 2, 2008
Page 2 of4
o Evaluation of progress toward meeting housing production goals and other quantified
objectives identified in the current Housing Element.
o Recommendations for new and updated objectives and policies, as needed,
o Analysis and assurance of continued internal consistency between the Housing
Element and other elements of the City General Plan,
o CEQA compliance documentation,
o Communication with other agencies that may be involved in implementation of
housing programs, particularly the City Economic Development Agency,
o Attendance at Planning Commission and Common Council meetings to present the
draft Housing Element for approval.
4.0 PROPOSAL CONTENT REQUIREMENTS
The proposal shall contain the following:
A, A cover letter expressing the respondent's interest in the project and ability to
perform the required services, The cover letter shall indicate contact information for
the individual responsible for the proposal,
B. Names and resumes of all key personnel employed by the respondent or proposed as
sub-contractors who will be assigned to perform services described in the RFP, The
respondent shall also indicate the percentage of project effort to be spent by each
team member, In addition, the proposal shall identifY a designated project manager
with full authority to administer the contract Any proposed substitutions of personnel
are discouraged and must be approved in advance by the City,
C. A summary of the respondent's background and experience specifically related to
preparation and updates of General Plan Housing Elements,
D, A Scope of Services, Project Schedule and Project Budget suitable to append to a
City of San Bernardino standard Agreement for Professional Services (sample
agreement is enclosed), The Scope of Services shall include a list of deliverables,
with major deliverables to be incorporated in the Project Schedule and itemized in the
Project Budget,
E, A proposed program of public outreach, Alternative approaches may be proposed and
represented as optional tasks in the Scope of Services and Project Budget.
F, Hourly rates charged for all personnel involved in the project, including any
associated support staff or sub-contractors, as a supplement to the project budget
G, A statement of availability to begin work immediately upon approval of an
Agreement for Professional Services, and ability to deliver work products as proposed
in the Project Schedule submitted in the proposaL
2008-151
Housing Element RFP
City of San Bernardino
January 2, 2008
Page 3 of 4
H. A statement accepting the terms of the City of San Bernardino standard Agreement
for Professional Services, or specifying any requested modifications.
I. A statement oflocal preference eligibility, including identification of any office
located in the City of San Bernardino, the number of employees working there and a
copy of the City of San Bernardino Business Registration Certificate.
1. A minimum of three (3) California city or county references for Housing Element
work, including the client contact information, a brief description of the work
performed, the status of the element and date of completion.
K. Any additional or different information or work the respondent recommends for a
successful update of the City's Housing Element.
5.0 SUBMITTAL REQUIREMENTS
Proposals shall be submitted by 4:00 p.m. Friday January 24, 2008.
Submit 5 copies to:
City of San Bernardino
Development Services Department
AnN: Valerie C. Ross, Director
300 N. "D" Street
San Bernardino, CA 92418
6.0 INSURANCE AND INDEMNIFICATION
The consultant shall procure and maintain at the consultant's expense for the duration of
the contract a program of insurance satisfactory to the City. Where such insurance is
provided by a commercial insurance carrier, such insurance shall be secured through a
carrier satisfactory to the City, and shall name the City an additional insured. Specific
forms of insurance and limits are specified in the City's standard Agreement for
Professional Services. The standard Agreement also specifies the indemnification and
hold harmless requirements of the City.
7.0 SELECTION PROCESS
City staff will review all proposals and make a preliminary selection based on consultant
qualifications and proposal contents, including the proposed schedule and fees.
Familiarity with the City of San Bernardino and local housing needs and issues will be
considered very desirable. Staffmay not interview respondents, but may contact
respondents for additional information or clarification of the proposals. Upon the
preliminary selection of a consultant, staff will prepare an Agreement for Professional
Services to present to the Mayor and Common Council for approval. The Agreement will
be based on the enclosed sample with the Scope of Services, Project Schedule and Project
2008-151
Housing Element RFP
City olSan Bernardino
January 2, 2008
Page 4 014
Budget of the selected proposal appended. Staff anticipates that the preliminary selection
ofa consultant will be completed within two weeks of receipt of the proposals.
8.0 CITY RESPONSIBILITIES
The Planning Division of the Development Services Department will be responsible for
administration of the Housing Element update, including provision of available
background information and materials to the Contractor. The City will be responsible for
advertisements and notices of public hearings and meetings.
9.0 GENERAL PROVISIONS
This Request for Proposals does not commit the City to award a contract or to pay any
costs incurred in the preparation of a proposal in response to this request. This RFP is not
a contract or commitment of any kind. All proposals in response to this RFP will become
the property of the City and may be used by the City in any way deemed appropriate. The
City reserves the right to accept or reject, in part or in its entirety, the proposal if such
action is deemed to be in the best interest of the City,
The City does not compensate for travel time, courier services, mileage or reimbursement
for travel to the City of San Bernardino to perform services or complete tasks in the scope
of work. Respondents should not include such travel expenses in the budget proposal.
Enclosure:
Standard City of San Bernardino Agreement for Professional Services
CITY OF SA:\! BER~ARDINO - REQUEST FOR COUNCIL ACTlO~
From: Valerie C. Ross, Director
Subject: Resolution approving an Agreement
with The Planning Center for
consultant ser\ices to update the
General Plan Housing Element.
Dcpt: Development Services
Date: April 24, 2008
;\<ICC Date: May 19, 2008
Synopsis of Previous Council Action:
None
Recommended Motion:
Adopt Resolution
~(}.R~
Valerie C. Ross
Contact Person:
T"ni Rahhal C'ity Plann"r
Phone:
1R4-S057
Supporting data attached: St.ffR"pnr! R,,<nll1tinn
Ward:
rity-wirl"
FUNDING REQUIREMENTS: Amount:
'1\99975 00
Source: EDA Housing Fund
Acct. Description: 6600-6703 Professional Ser\ices
Finance:
Council :'I'otes:
Agenda Item :'1'0.
CITY OF SAN BER~ARDI:'\TO - REQt:EST FOR COt:~CIL ACTIO:'i
Staff Report
Subject: Resolution approving an Agreement with The Planning Center for consultant services
to update the General Plan Housing Element.
Background:
Each city and county in the State of California is required to prepare a Housing Elements as one
of the mandatory elements of its General Plan. The California Department of Housing and
Community Development (HCD) sets Housing Element update requirements, reviews Housing
Elements and certifies compliance with Housing Element law and HCD policy. The City's
current Housing Element covers the planning period from 1997 - 2006, and was certified by
HCD in 2000.
On January 2, 2008, a Request for Proposals (RFP) to prepare an update to the City's General
Plan Housing Element was distributed to seven planning consultants. Three proposals were
submitted and distributed for review by a panel comprised of the Assistant City Manager, the
Deputy Executive Director of the Economic Development Agency and the City Planner. The
reviewers unanimously ranked the Planning Center proposal most responsive to the RFP.
The Planning Center has extensive experience with housing element preparation and the
certification review process with the California Department of Housing and Community
Development (HCD). The Planning Center also has a proven track record with the City, having
prepared the 2005 General Plan update, the Arrowhead Springs Specific Plan and the 2007
SCAG Compass Blueprint strategy demonstration analysis of downtown San Bernardino. The
Planning Center proposal is responsive to the RFP and the fees proposed by The Planning Center
are within the amount budgeted for the project. Therefore, staff recommends that the Resolution
authorizing execution of a Professional Services Agreement with The Planning Center for
preparation of the General Plan Housing Element update be adopted.
Financial Impact:
$100,000 has been budgetcd for this purpose in the 2007/2008 EDA Home Funds.
Recommendation:
Adopt Resolution.
Exhibits:
Resolution
Exhibit "A" Agreement for Services