HomeMy WebLinkAboutCDC/2009-60
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RESOLUTION NO. CDC/2009-60
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO APPROVING AND
AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
("AGENCY") TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT BY AND BETWEEN THE AGENCY AND VERONICA TAM
& ASSOCIATES, LLC FOR PROFESSIONAL CONSULTANT SERVICES
WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") has a
8 need to retain Veronica Tam & Associates, LLC ("Consultant") to prepare the Analysis of
9 Impediments to Fair Housing Choice ("Analysis") and Five-Year Consolidated Plan (2010-2015);
10 and
11 WHEREAS, the Department of Housing and Urban Development (HUD) require any local
12 government receiving Federal grant monies to submit a Consolidated Plan document and an
13 Analysis of Impediments to Fair Housing Choice document every lIve years; and
14 WHEREAS, the Consultant has been determined to possess the necessary skills and
15 qualifications to carry-out the functions described in the Professional Services Agreement
16 ("Agreement"); and
17 WHEREAS, the Agency desires to retain the services of the Consultant and the Consultant
18 desires to provide such necessary services as set forth herein.
19 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
20 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER. AS
21 FOLLOWS:
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Section 1.
The Interim Executive Director of the Agency or designee is hereby
23 authorized and directed to execute on behalf of the Agency, the Agreement by and between the
24 Agency and the Consultant to provide assistance to the Agency to include, but not he limited to, the
25 following: preparation of Five-Year Consolidated Plan and Analysis of Impediments to Fair
26 Housing Choice incorporating all the requirements of Federal regulations (24 CFR parts 91) and 24
27 CFR 570.904(c)(I) as it relates to both documents.
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Section 2.
The Interim Executive Director of the Agency or designee is hereby
2 authorized to make minor corrections, additions, and clarifications to the Agreement, provided said
3 changes are approved by Agency Counsel and are not substantive in nature and do not increase the
4 monetary impact to the Agency.
This Resolution shall take effect from and after its date of adoption by this
5 Section 3.
6 Commission.
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CDC(2009-60
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO APPROVING AND
AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
("AGENCY") TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT BY AND BETWEEN THE AGENCY AND VERONICA TAM
& ASSOCIATES, LLC FOR PROFESSIONAL CONSULTANT SERVICES
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
Development Commission of the City of San Bernardino at a j oint regular
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meeting
day of October ,2009, by the following vote to wit:
Ayes
Navs
Abstain
Absent
x
~
X
X
X
X
-X-
e;F~
Secretary
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The foregoing Resolution is hereby approved this 7(11 day of October
,2009.
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tric J. Morris, . on
Co nity Development Commission
of the City of San Bernardino
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CDC/2009-60
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement for Professional Services (this "Agreement ") is made and entered into on this
5th day of October 2009, by and between the Redevelopment Agency of the City of San Bernardino, a
public body, corporate and politic (hereinafter referred to as the "Agency") and Veronica Tam &
Associates, LLC (hereinafter referred to as the "Consultant").
WITNESSETH
WHEREAS, the Consultant has over nineteen (19) years of experience in the preparation of
Analysis ofImpediments to Fair Housing Choice, Consolidated Plans, Actions Plans, and Consolidated
Annual Performance and Evaluation Reports with various local and county governments; and
WHEREAS, the Agency and the Consultant desire to enter into this Agreement to utilize the
Consultant's services for the preparation of the City of San Bernardino Analysis to Fair Housing
Choice as described in Exhibit "A" and Five (5)- Y ear Consolidated Plan as described in Exhibit "B"
(the "Scope of Services") attached hereto and incorporated herein by reference and the Consultant
accepts responsibilities as described herein.
NOW, THEREFORE, in consideration of mutual covenants herein set forth and the mutual
benefits to be derived therefrom, the parties agree to enter into this Agreement as follows:
1. TERMS.
(a) This Agreement shall commence as of the day and year first above written and shall
remain in full force and effect until such time as either party provides a written thirty (30)-day
termination notice, and shall be subject to appropriate funding within the Agency's annual budget;
provided, however, that the term of this Agreement shall not exceed a duration through and including
May 15,2010, unless otherwise amended in writing by the parties.
(b) The Consultant shall perform work as requested and as needed by the Agency and
promptly provide the finished product to the Agency.
2. CONSULTANT RESPONSIBILITIES.
Upon the request of the Agency, the Consultant shall perform each element as needed of the
work described in the Scope of Services, Exhibits "A" and "B". The Consultant commits the principal
personnel listed below to the Scope of Services for the duration of this Agreement:
Consultant: Veronica Tam & Associates, LLC
3. AGENCY RESPONSIBILITIES.
The Consultant shall provide all supplies and materials necessary to accomplish the work in the
Scope of Services, Exhibits "A" and "B". The Agency shall provide, in a reasonable timely fashion,
the Consultant with any documentation, records, reports, statistics or other data or information
pertinent to the Scope of Services, which are reasonably available to the Ageucy, and necessary to
complete assignments.
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4. CONFIDENTIALITY OF REPORTS.
The Consultant shall keep confidential all reports, information and data received, prepared or
assembled pursuant to performance hereunder. Such information shall not be made available to any
person, news release, firm, corporation, or entity without prior written consent of the Agency's Interim
Executive Director or designee.
5. COMPENSATION.
During the term of this Agreement, the Agency shall pay the Consultant on a monthly basis.
Said compensation shall be considered full and complete reimbursement for all of the Consultant's
costs associated with the services provided hereunder. The maximum compensation for services,
including all of the Consultant's costs, under the terms of this Agreement, shall not exceed One
Hundred Eighteen Thousand, Two Hundred Fifty Dollars ($118,250).
The Consultant shall be paid on a monthly basis based on the percentage completion of each
task. The Consultant shall be paid in accordance with the Agency's standard accounts payable system.
Invoices shall be approved by the Interim Executive Director of the Agency or designee.
6. USE OF FUNDS.
The funds paid to the Consultant shall be used solely for the purpose as set forth in this
Agreement and in accordance with the Scope of Services. The Consultant shall remain in compliance
with all state, federal and local laws prior to the receipt of any reimbursement hereunder.
7. NONDISCRIMINATION: MONITORING AND REPORTING WORK
PERFORMANCE.
The Consultant shall not discriminate because of race, color, national origin, creed, religion,
sex, marital status or physical handicap. At the request of the Interim Executive Director of the
Agency, or designee, the Consultant shall provide reports or other work products as required, no later
than on agreed upon dates of completion. Failure to provide such work products may prevent payment
of the Consultant's requests for compensation, and may justify the temporary withholding as provided
herein. The Agency reserves the right to waive such breach, without prejudice to any other of its rights
hereunder, upon a finding by the Interim Executive Director of the Agency or designee that such
failure was due to extraordinary circumstances and that such breach has been timely cured without
prejudice to the Agency.
8. CONFLICT OF INTEREST.
The Consultant shall maintain a code or standard of conduct. The Consultant shall neither
solicit nor accept gratuities, favors, or anything of monetary value for work completed under the Scope
of Services. To the extent permissible by state laws, rules and regulations, the standards adopted by
the Consultant shall provide for penalties, sanctions, or other disciplinary actions to be applied for
violations of such standards by the Consultant.
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9. INDEPENDENT CONTRACTOR.
The Parties intend that the relationship between them created under the Agreement is that of an
independent contractor only. The Consultant shall perform each element of the work set forth in the
Scope of Services as an independent contractor and shall not be considered an employee of the
Agency. This Agreement is by and between the Consultant and the Agency, and is not intended, and
shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture,
or association, between the Agency and the Consultant. The Agency is interested only in the results
obtained under the Agreement; unless otherwise indicated and under unusual circumstances, the
manner and means of performing the services are subject to the Consultant's sole control. The
Consultant shall have no right or authority to bind or commit the Agency, unless specifically
authorized in writing by the Interim Executive Director of the Agency in each specific instance. The
Consultant shall not be entitled to any benefits, including, without limitation, worker's compensation,
disability insurance, vacation or sick pay. The Consultant shall be responsible for providing at his
expense, and in his name, disability, worker's compensation or other insurance.
The Consultant assumes full and sole responsibility for, and shall therefore pay, any and all
federal and state income taxes, Social Security, estimated taxes, unemployment taxes, and any other
taxes incurred as a result of the compensation set forth herein. The Consultant agrees further to
provide the Agency with proof of payment upon reasonable demand. The Consultant holds the
Agency harmless from and against any and all claims, demands, losses, costs, fees, liabilities, taxes,
penalties, damages or injuries suffered by the Agency (including, but not limited to, attorney fees and
court costs, whether or not litigation is commenced) arising out of the failure of the Consultant to
comply with this provision. Further, this right of indemnification shall apply to any and all claims,
demands, losses, costs, fees, liabilities, taxes, penalties, damages and injuries suffered by the Agency
as a result of the classification of the Consultant as independent contractor under this Agreement.
The Parties understand and agree that the Consultant has clients other than the Agency. The
Agency further agrees to allow the Consultant to pursue clients as necessary to the betterment of the
Consultant's business. The Consultant's separate business engagements include, but are not limited to,
real estate advisory and brokerage services, as well as other business formation, acquisition and
expansion activities.
10. RECORDS.
The Consultant shall keep full and accurate records of all consulting work performed under this
Agreement. All records, content, sketches, drawings, prints, computations, charts, reports and other
documentation made in the course of the consulting work performed hereunder, or in anticipation of
the consulting work to be performed in regard to this Agreement, shall at all times, be and remain the
sole property of the Agency and the Consultant shall turn over to the Agency all copies of the Work
Records within seven (7) calendar days after a written request by the Agency.
11. BUSINESS LICENSESITIN.
The Consultant shall obtain a San Bernardino business license and provide the Agency with
evidence that said license has been obtained on or before September 30, 2009. The Consultant agrees
to keep said license current and valid throughout the term of this Agreement.
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The Consultant shall obtain a state and federal taxpayer identification number and sball provide
evidence to the Agency that this number has been obtained.
12. RIGHT TO OBTAIN OTHER CONTRACTUAL ARRANGEMENTS.
The Consultant at any time has the right to: (a) accept employment or other association with
any person, redevelopment agency, city or company in the United States of America or any Territory
thereof, or through media reasonably accessible by persons in the United States of America or any
Territory thereof, or (b) in tbe United States of America or any Territory thereof, or through media
reasonably accessible by Persons in the United States of America or any Territory thereof, engage in
activities, projects or services similar in nature or competitive with those of the Agency, limited only
by the confidential information described in Section 4, or (c) become employed by, associate with or
otherwise engage any entity anywhere in the world. The Agency acknowledges that the provisions of
this Section 12 are reasonable in light of the legitimate business needs ofthe Agency.
13. SUCCESSOR AND ASSIGNMENT.
The services as contained herein are to be rendered by the Consultant whose name is as appears
first above written and said Consultant sball not assign nor transfer any interest in this Agreement
without the prior written consent of the Agency.
14. INDEMNIFICATION.
The Consultant agrees to indemnify, defend and hold harmless the Agency and the City of San
Bernardino ("City"), its agents, officers and employees from and against all liability, expense,
including defense costs and legal fees, and claims for damages of any nature whatsoever, including,
but not limited to, bodily injury, death, personal injury or property damage arising out of this
Agreement from the Consultant's or the Consultant's employees or agents negligence, errors or
omissions connected with the services perfoTIned by or on behalf of the Consultant pursuant to this
Agreement and only for which proceeds from valid collectible insurance is available to the Agency or
the City. The costs, salary, and expenses of the Agency's legal counsel in enforcing this Agreement on
behalf of the Agency shall be considered as "legal fees" for the purpose of this Section.
15. MODIFICATION.
This Agreement may be supplemented, amended, or modified only by the mutual agreement of
the parties. No supplement, amendment, or modification of this Agreement sball be binding unless it
is in writing and signed by both parties.
16. CHOICE OF LAW.
This Agreement, and any dispute arismg from the relationship between the parties to this
Agreement, shall be governed by California law, excluding any laws that direct the application of
another jurisdiction's Jaws.
17. COMPLIANCE WITH LAWS.
The parties agree to be bound by applicable federal, state, and local laws, regulations and
directives as they peltain to the perfollnance of this Agreement.
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CDC/2009-60
18. 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 of breadth, such provision shall be deemed
valid to the extent of the scope or breadth permitted by law.
19. 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.
20. CONTRACT EVALUATION AND REVIEW.
The ongoing assessment and monitoring of this Agreement is the responsibility of the Interim
Executive Director or designee.
21. 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 the Consultant by the Agency and contains all the
covenants and agreements between the parties with respect to such retention.
22. WAIVER.
No waiver of a breach, failure of any condition, or any right or remedy contained in or granted
by the provisions of this Agreement shall be effective unless it is in writing and signed by the party
waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy, shall
be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any
waiver constitute a continuing waiver unless the writing so specifies.
23. ARBITRATION.
With the exception of matters in which equitable or injunctive relief is sought or required, the
parties hereto shall submit all disputes relating to this Agreement, whether sounding in contract, tort, or
both, to binding arbitration, in accordance with California Code of Civil Procedure Sections 1280
through 1294.2. Either party may enforce the award of the arbitrator under Section 1285 of the Code
of Civil Procedure. The parties understand that they are waiving their rights to a jury trial. For matters
in which equitable or injunctive relief is sought or required, a coUll of competent jurisdiction shall be
the appropriate forum.
The party demanding arbitration shall submit a written claim to the other party, setting out the
basis of the claim and proposing the name of an arbitrator. The responding party shall have ten (10)
business days in which to respond to this demand in a written answer. If this response is not timely
made, or if the responding party agrees with the person proposed as the arbitrator, then the person
named by the demanding party shall serve as the arbitrator. If the responding party submits a written
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answer rejecting the proposed arbitrator and the parties cannot otherwise agree on an arbitrator, on the
request of either party the American Arbitration Association shall select an arbitrator. Except for
discovery (as detailed below), the mechanics of the arbitration shall be established by the arbitrator.
Limited discovery shall be available. No more than thirty (30) days before the arbitration
hearing, a party may serve a document request calling for any document that would be discoverable in
civil litigation. The party served with this request shall deliver the requested documents and any
objections within five (5) business days. The arbitrator may resolve any dispute over the exchange of
documents. Thereafter, each party may take no more than two (2) depositions, each of which shall
last no more than four (4) hours each. The arbitrator may resolve any dispute over the depositions as
they would be resolved in civil litigation.
The parties agree that the arbitrator shall be authorized to award attorney fees and costs to the
prevailing party.
24. NOTICE.
Notices herein shall be presented in person or by certified or registered United States mail, as
follows:
To the Consultant: Veronica Tarn & Associates, LLC
107 South Fair Oaks Avenue, Suite 212
Pasadena, California 91105
Phone: (626) 304.0440
To the Agency: Emil A. Marzullo, Interim Executive Director
Redevelopment Agency of the City of San Bernardino
201 North "E" Street, Suite 301
San Bernardino, California 92401
Phone: (909) 663.1044
Fax: (909) 663.2294
Nothing in this paragraph shall be construed to prevent the giving of notice by personal service.
25. ENTIRE AGREEMENT.
This Agreement, with Exhibits "A" and "B" constitutes the final, complete and exclusive
statement of the terms of the agreement between the parties pertaining to the engagement of the
Consultant by the Agency and the entire understanding of the parties and supersedes all prior and
contemporaneous understandings or agreements of the parties. No party has been induced to enter into
this Agreement by, nor is any party relying on, any representation or warranty outside those expressly
set forth in this Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first written above.
AGENCY
Redevelopment Agency of the City of San Bernardino
a public body, corporate and politic
Dated:
1//(1109
By:
Emil A. Marzu 0,.
xecutive Director
Approved as to Form and Legal Content:
By: , /~4J1i=
Agency Co sel
Dated: "!13!lJ1
CONSULTANT
::ro'it!~';
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EXHIBIT A
CDC/2009-60
..+.
City of San Hernardnio Analysis of Impediments to Fair Housing Choice
Page 1
SCOPE AND TECHNICAL APPROACH
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Given that the current San Bernardino City Analysis of Impediments (AI) to Fair Housing
Choice contains 2000 Census data, much of the demographic and housing information based on
the Census is still valid. We typically do not recommend using the between-Censuses
American Community Survey (ACS) for specific policy planning due to the small sample size
and resulting large margins of errOTS~ ACS data is used only as a reference.
To the extent necessary and feasible, the AI will be reviewed and updated to reflect current
market conditions, existing and projected housing needs, constraints, and available reSQurces.
The AI must also be reviewed for compliance with current State law. Recent changes in State
law not covered in the current AI include:
. SB 520 (reasonable accommodation procedures)..
. AB 2634 (housing needs of extremely low income households, single-room occupancy
housing)
. SB 2 (emergency shelters for the homeless, transitional housing, and supportive
housing)
Task 1: Citizen Participation
For the development of the AI, we nave included the following outreach components:
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Fair Housing Survey: We will use instrument such as the www.SurvevMonkev.comto
develop a web-based survey- where residents can respond to the survey online. Hard
copy survey will also be provided in both English and Spanish.
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This survey can be combined with the Housing and Community Development Needs Survey we
are also proposing for the Consolidated Plan. Please see VTA's proposal for the Consolidated
Plan. A joint survey will save on costs for administering the survey.
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Community Meeting: We- will conduct one community meeting to discuss fair housing
issues residents, service providers, advocacy groups, housing professionals, and other
community stakeholders. We anticipate this meeting will be chaired by the Community
Development Citizens Advisory Committee (CDCAC). Special invitations will be sent
to service providers, housing professionals, and community groups to solicit their
participation.
This meeting may be combined with the outreach meeting for the Consolidated Plan to save on
costs.
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107 S. Fair Oaks Avenue, Suite 212
Pasadena, CA 91105
P (626) 30H)440
F (626) 304-0005
EXHIBIT A
CDCj2009-60
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City of San Bernardnio Analysis of Impediments to Fair Housing Choice
Page 2
Economic Development Agency: We will attend one meeting before the EDA to review
the Draft AI.
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This meeting may be combined with the meeting for the Consolidated Plan to save on costs.
. City Council Public Hearing: We will attend one public hearing before the City Council
for the adoption of the AI.
Our budget assumes that the Gty will be responsible for all noticing requirements.
Meetings:
. One (1) community meeting
. One (1) public meeting with EDA
. One (1) public hearing with City Council
Task 2: AI Update
Task 2.1: Evaluation of Current AIs and Progress toward Mitigating Impediments
Identified
We will conduct a review of the City's current AI to identify conditions and impediments that
may no longer be relevant; and/or may have been partially mitigated; may not have been
adequately addressed; and/or may be of increased concern.
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We will review the Housing Element, Consolidated Plan, Action Plans, and CAPERs to
determine actions and programs as well as accomplishments with regard to expanding a range
of housing choices and improving equal access to housing. Specifically, the State Housing
Element law has been amended recently to require jurisdictions to address constraints to
housing for persons with special needsf including emergency shelters, transitional housing,
supportive housing, single-room occupancy units, and housing for persons with disabilities:
.
SB 520 (Reasonable Accommodation)
SB 2 (Emergency Shelters, Transitional Housing, Supportive Housing)
AB 2634 (SRO)
.
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We will review the Citis 2008-2014 Housing Element to address its compliance or approaches
to compliance with these provisions.
Task 2.2: Review of Fair Housing Services
We will review the scope of work of the fair housing service provider to determine how the
contracted services align with the recommendations of the current AI. We will interview the fair
housing service provider to discuss accomplishments in mitigating the impediments and solicit
suggestions regarding gaps of services and additional needs.
107 S. Fair Oaks Avenue, Suite 212
Pasadena, CA 91105
P (626) 304-0440
F (626) 304-0005
EXHIBIT A
CDC(2009-60
..+.
City of San Bernardnio Analysis of Impediments to Fair Housing Choice
Page 3
Task 2.3: Community Profile
Preparation of this community profile will rely on the Consolidated Plan Needs Assessment
(see VTA proposal for Consolidated Plan). Overall, the Community Profile should cover the
following:
a) Demographic Profile to include the number and proportion of persons by
race/ethnicity, age, disability, and familial status. This section will use an Index of
Dissimilarity to measure housing segregation among ethnic groups. We will correlate
these demographic characteristics with current and/or changing patterns of fair housing
concerns.
b) Income Profile to include income distribution of residents; evaluation of income
differences and poverty levels between race and special needs populations;
concentration of low-income population by block group.
c) Employment and Transportation Profile to map locations of major employment centers
that potentially offer jobs to minorities and persons with disabilities at the lower income
levels of the wage scale. We will also evaluate the relationship between public
transportation, job centers, and lower income housing locations.
d) Housing Profile to examine the implications of geography, diverse populations, and
income discrepancies. A discussion of the housing profile will include the following
variables: household size and overcrowding; housing type, tenure and vacancy; age of
housing (and related lead-based paint concerns); ownership and rental housing costs;
and housing affordability. Relationships between these housing characteristics and fair
housing concerns will be included.
eJ Mapping of Planning Data will be prepared using geographic information system (GIS)
to evaluate geographic relationships among the demographic, income, employment and
transportation, and housing variables to identify potential impediments to fair housing
choice. Types of maps to be included, but may vary depending on data availability and
relevancy of specific issues, are:
1. Location of housing for seniors and disabled (e.g., Section 202 and 811 projects)
2. Location of public and assisted housing (e.g., public housing, HUD-funded
projects, and others as information is available)
3. Concentrations of Section 8 assistance (if available from the local housing
authorities)
4. Main transit routes in relation to employment centers, lower income, and special
needs populations, and assisted housing projects
5. Low and moderate income areas
6. Areas of racial/ethnic concentration
107 S. Fair Oaks Avenue, Suite 212
Pasadena, CA 91105
P (626) 304-0440
F (626) 304-0005
EXHIBIT A
CDC/2009-60
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City of San Bernardnio Analysis of Impediments to Fair Housing Choice
Page 4
Task 2.4: Current Fair Housing Profile
We will evaluate the current fair housing profile in the City, including the following:
a) Assessment of current public and private fair housing program/activities to identify and
describe existing programs, services, and activities that assist in the provision of fair
housing.
b) Identify and describe fair housing practices and procedures of real estate associations
and aparbnent owners associations.
c) Contact and interview fair housing service provider, local nonprofit housing
organizations, housing advocacy groups, and the local HUD office to obtain information
on the nature and extent of fair housing complaints, violations, or suits against the City.
Also included are:
1. Research of the prevalence of fair housing discrimination suit(s) filed by the
Department of Justice, State Department of Fair Employment and Housing, and
other agencies.
2. Identification of the nature and extent of hate crimes in the City.
3. Discussion of other fair housing issues such as the impact of "NIMBYism" on
housing choice.
Task 2.5: Lending Practices
In light of the current lending market crisis, the discussions on lending practices in the current
AI will be completely updated. Specifically, we will:
a) Evaluate the lending patterns in the City using a variety of sources, including but not
limited to, eRA rating and documentation available as a result of the HMDA. We will
evaluate the following:
1. Foreclosure activities and other characteristics as available
2. Disposition of conventional home purchase, home improvement, and home
refinancing loan applications by race and income of applicants
3. Disposition of government-backed home purchase and home improvement loan
applications by race and income of applicants
4. Lending in low and moderate income areas
5. Lending in minority concentration areas
6. Top lenders in the City
The 2008 HMDA data (to be released in September 2009) will be used for the lending
analysis. We assume the City receives foreclosure data from the County Assessor's
Office.
107 S. Fair Oaks Avenue, Suite 212
Pasadena, CA 91105
P (626) 304-0440
F (626) 304-0005
EXHIBIT A
CDC/2009-60
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City of San Bernardnio Analysis of Impediments to Fair Housing Choice
Page 5
Task 2.6: Land Use and Zoning Policies
In this task, we will analyze public policies and regulations for participating jurisdictions:
a) We will review the Housing Element and interview staff to document compliance or
approaches to compliance with the State Housing Element law.
b) Evaluate the City's General Plan, Land Use Element in relation to the provision of
housing choices.
c) Assess the Citis standards and procedures in terms of occupancy codes and reasonable
accommodation procedures and determine their effect on access to housing.
Task 2.7: Administrative Policy Review
We will review the City's administrative policies to assess the potential impediments to fair
housing, including sensitivity and fair housing training for staff, multilingual capability of code
enforcement and housing programs staff, accessibility of public facilities (Section 504 and ADA
compliance).
Task 2.8: Conclusion and Recommendations
We will identify appropriate plans of action to overcome or prevent the effects of the identified
impediments in the AI.
a) Revise plans of action from the current AI to address the identified impediments.
b) Establish milestones/schedules of performance for actions to be taken.
Timeline
The AI is being prepared concurrently with the Consolidated Plan (due at BUD 45 days before
the new program year begins). To save on costs, we also propose combining the outreach
process of the AI with that of the Consolidated Plan. Therefore, the AI is proposed to align with
the Consolidated Plan schedule.
Drafting of the AI
Community Meeting
Residents Survey
EDA Meeting
30-day Public Review of the Draft AI
City Council Public Hearing
October 2009 - March 2010
N ovemberlDecember 2009
NovemberlDecember 2009
March 201 0
March 19 - April 19, 2010
April/May, 2010
107 S. Fair Oaks Avenue, Suite 212
Pasadena, CA 91105
P (626) 304-0440
F (626) 304-0005
EXHIBIT A
CDC/2009-60
..+.
City of San Bernardnio Analysis of Impediments to Fair Housing Choice
Page 6
Document Preparation
. Staff Review Draft (electronic format)
. Public Review Draft (electronic format and five copies)
. Final Draft (electronic format and five copies)
. HUD Submittal (five copies)
107 S. Fair Oaks Avenue, Suite 212
Pasadena, CA 91105
P (626) 304-0440
F (626) 304-{)005
EXHIBIT B
CDCj2009-60
..+g
City of San Bernardino Consolidated Plan and Action Plan
Page 1
SCOPE AND TECHNICAL ApPROACH
We understand the City of San Bernardino receives approximately $3.6 million in CDBG funds,
$1.7 million in HOME funds, and $160,000 in ESG funds annually. The City must comply with
the U.S. Department of Housing and Urban Development's planning and reporting
requirements. Veronica Tam and Associatesf in association with Hogle-Ireland, Inc., is pleased
to submit this proposal to provide the following assistance:
1. Preparation of Five-Year Consolidated Plan for 2010-2015
2. Preparation of the Annual Action Plan for FY 2010-2011
Required by HUD to be updated every five years, the Consolidated Plan is a comprehensive,
integrated approach to planning and implementing the City of San Bernardino's housing,
community development, and economic development needs and priorities in the form of a
Strategic Plan. The Consolidated Plan describes community needs, resources, priorities and
proposed activities to be undertaken under programs funded by HUD for the next five years.
The Plan is also the means to meeting the submission requirements for the Community
Development Block Grant (CDBG), HOME Investment Partnership, and Emergency Shelter
Grants (ESG) programs.
I
l
The Consolidated Plan incorporates two major sections: an assessment of housing and
community development needs and a housing and community development strategy for the
period 2010-2015. Consistent with HUD citizen participation requirements, community
outreach will be an integral component of creating the two major sections of the Plan.
Task 1: Citizen Participation
For the development of the Consolidated Plan, we have included the following outreach
components:
. Housing and Community Development Needs Survey: We will use instrument such as
the www.survevMonkev.com to develop a web-based survey where residents can
respond to the survey online. Hard copy survey will also be provided in both English
and Spanish.
This survey can be combined with the Fair Housing Suroey we are also proposing for the
Analysis of Impediments (AI) to Fair Housing Choice. Please see VTA's proposal for the AI. A
joint survey will save on costs for administering the survey.
. Community Meeting: We will conduct one community meeting to discuss housing and
community development needs with residents and service providers. We anticipate this
107 S. Fair Oaks Avenue, Suite 212
Pasadena, CA 91105
P (626) 304-0440
F (626) 304-0005
EXHIBIT B
CDC/2009-60
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City of San Bernardino Consolidated Plan and Action Plan
Page 2
meeting will be chaired by the Community Development Citizens Advisory Committee
(CDCAC). Special invitations will be sent to service providers and community groups
to solicit their participation.
This meeting may be combined with the outreach meeting for the AI to save on costs.
. Economic Development Agency: We will attend one meeting before the EDA to review
the Draft Consolidated Plan.
This meeting may be combined with the outreach meeting for the AI to save on costs.
. City Council Public Hearing: We will attend one public hearing before the City Council
for the adoption of the Consolidated Plan and Action Plan.
This meeting may be combined with the outreach meeting for the AI to save on costs.
Our budget assumes that the City will be responsible for all noticing requirements.
Meetings:
. One (1) community meeting
. One (1) public meeting with EDA
. One (1) public hearing with City Council
Task 2: 2010-2015 Consolidated Plan
The Consolidated Plan will be drafted by first assessing the City's housing and community
development needs and then developing a housing and community development strategy for
the period 2010-2015. In the context of the CPMP tool, the assessment of needs and related
strategies to address those needs are reorganized by topic under the Strategic Plan for ease in
understanding and implementation. The Consolidated Plan will contain three primary sections:
the Executive Summary, the Strategic Plan, and Attachments, including HUD-required tables
and background public outreach information.
To initiate the Consolidated Plan processes, the consultant team will meet with City staff to
refine the work scope and evaluate current strategies, objectives, and priorities and discuss
potential modification to the City's HUD funding approach. A review of the public
participation plan for the Consolidated Plan update and a review of a preliminary list of
community stakeholders to be consulted can also be discussed. Prior to the kick-off meeting,
the consultant team will send staff a list of background and reference materials needed for
consultant review, to be received at the kick-off meeting.
Meeting:
. One (1) kick-off meeting with City staff
107 s. Fair Oaks Avenue, Suite 212
Pasadena, CA 91105
P (626) 304-0440
F (626) 304-0005
EXHIBIT B
CDC/2009-60
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City of San Bernardino Consolidated Plan and Action Plan
Page 3
Needs Assessment
The housing and community development needs assessment section includes a profile of
population, housing and employment in San Bernardino. The Needs Assessment will be used to
quantify and summarize available data on the most significant housing needs of extremely low,
low, and moderate income households, as well as homeless persons and others with special
needs and to project those needs over the five-year Consolidated Plan period (2010-2015).
Discussion of the following topics will also be included:
. Housing Needs of Non-Homeless Special Needs Groups
. Homeless and At-Risk of Homelessness
. Disproportionate Need of RaciallEthnic Groups
. Lead-Based Paint (LBP) Hazards
. Housing Market Conditions
. Public and Assisted Housing
. Barriers to Affordable Housing
. Fair Housing Impediments (from the AI to be conducted concurrently)
. Public/Community Facility Improvements
. Economic Development
. Planning and Administration
Strategic Plan and HUD-Required Consolidated Plan Tables
The Strategic Plan and the HUD-Required Consolidated Plan Needs and Priority Tables will be
created in the context of the CPMP tool. The CPMP provides a new format for the
Consolidated Plan, combining the components required under the Code of Federal Regulations
(CFR) for HUD (24 CFR Part 91) - the housing and homeless needs assessment, the housing
market analysis and the strategic plan - into one narrative. The Strategic Plan narrative lists
specific questions that HUD grantees must respond to in order to be compliant with the
Consolidated Planning Regulations. Guided by the CPMP tool, the Strategic Plan will respond
to these questions and thereby address the required needs assessments and develop goals and
objectives for the five-year period. The Strategic Plan narrative will also include an executive
summary.
The CPMP also provides a format to link HUD-Required Consolidated Plan Tables to the
Strategic PI.an narrative. The HUD-required tables are utilized to develop the narratives in the
Strategic Plan and will be included as an Appendix. These tables include:
. Housing Market Analysis Worksheet
. Priority Housing Needs Worksheet
. Homeless Needs Worksheet
. Community Development Worksheet
. Non-Homeless Special Needs Worksheet
107 S. Fair Oaks Avenue, Suite 212
Pasadena, CA 91105
P (626) 304-0440
F (626) 304-0005
EXHIBIT B
CDC/2009-60
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City of San Bernardino Consolidated Plan and Action Plan
Page 4
These CPMP worksheets replace the HUD Consolidated Plan tables (lA, IB, IC, 2A, 2B, 2C, 3A, 3B,
and 3C).
Based on the tables above, Specific Objectives are established through a series of worksheets
that provide information on annual objectives and specific funding sources and amounts. The
tables may also be used to track performance outcomes during the five-year period. Included in
the Specific Objectives tables are national performance objectives and outcomes. In order to
aggregate accomplishments at the national level, HUD has recommended that grantees utilize
standardized objectives and outcomes for reporting achievements. As part of the narrative, an
explanation of the City's performance outcome measurement system will be included consistent
with federal guidelines as referenced in the Federal Register Notice, Volume 70, Number 111
dated June 10, 2005.
The required worksheet detailing the City's needs and the objectives for the five-year plan will
be consistent with goals and objectives established in the City's Housing Element for the use of
CDBG, HOME, and ESG funds.
Meeting:
. One (1) strategic plan meeting with City staff
[
Task 3: Annual Action Plan
The FY 2010-2011 Action Plan will be prepared in conjunction with the Five-Year Consolidated
Plan and use the CPMP tool to establish consistency with the Consolidated Plan. The CPMP
First Annual Action Plan includes the SF 424 and Narrative Responses to Action Plan questions
that HUD grantees must respond to each year in order to be compliant with the Consolidated
Planning Regulations. Required tables, projects lists, and certification documents will also be
completed. Specifically, CPMP's Projects Worksheet will be used to prepare the Action Plan.
Timeline
The Consolidated Plan and Action Plan are due at HOD 45 days before the new program year
begins (July 1"). For FY 2010/2011, the deadline will be on May 17, 2010. A 30-day public
review is required for the draft Consolidated Plan and Action Plan; therefore, the final drafts
must be completed prior to April 16 to ensure timely submittal. The exact date will be
determined in coordination with staff based on HOD and local public noticing requirements.
Drafting of the Consolidated Plan
Community Meeting
Residents Survey
Drafting of Action Plan
EDA Meeting
30-day Public Review of the Draft Plans
October 2009 - March 2010
N ovemberfDecember 2009
NovemberfDecember 2009
January - March 201 0
March 2010
March 19 - April 19, 2010
107 S. Fair Oaks Avenue, Suite 212
Pasadena, CA 91105
P (626) 304-0440
F (626) 304-0005
EXHIBIT B
CDC/2009-60
..+.
City of San Bernardino Consolidated Plan and Action Plan
PageS
City Council Public Hearing
April/May, 2010
Document Preparation
. Staff Review Draft (electronic format)
. Public Review Draft (electronic format and five copies)
. Final Draft (electronic format and five copies)
. HUD Submittal (five copies)
~-
107 S. Fair Oaks Avenue, Suite 212
Pasadena, CA 91105
P (626) 304-0440
F (626) 304-0006